Ord. 2000M-0143 2016-04-25 Ordinance No. 2000M — 143
An ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 2000M, the zoning map of the City of
Pearland, Texas, for the purpose of changing the classification of certain
property being a tract or parcel containing 3.8662 acres or 168,441 square
feet of land situated in the H.T. & B.R.R. company Survey, Section 81 ,
Abstract 300, Brazoria County, Texas, being the residue of Reserve "B",
first amending plat of Southgate Section One, as thereof recorded under
Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo
Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01-053025,
Brazoria County, Texas. (Located at the West side of Kirby Drive
approximately 1,500 feet South of Broadway Street, Pearland, TX.)
Zone Change Application No. 2016-05Z, a request by Andrew
Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate
Ltd., owner; for approval of a change in zoning from the Residential Estate
(R-E) and Single Family Residential — 2 (R-2) zoning districts to a General
Business (GB) zoning district; on approximately 3.8662 acres of land;
providing for an amendment of the zoning district map; containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Andrew Allemand/Windrose Land Services, applicant; on behalf of
Lingo Southgate Ltd., owner; for approval of a change in zoning from the Residential
Estate (R-E) and Single Family Residential — 2 (R-2) zoning districts to a General
Business (GB) zoning district; on approximately 3.8662 acres of land on the following
described property; said property being legally described in the legal description
attached hereto and made a part hereof for all purposes as Exhibit "A," and more
graphically depicted in the vicinity map attached hereto and made a part hereof for all
purposes as Exhibit "B"; and
WHEREAS, on the 28th day of March 2016, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for all
purposes as Exhibit "C," said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 28th day of March 2016, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed change in zoning from the Residential Estate (R-E) and Single Family
Residential — 2 (R-2) zoning districts to a General Business (GB) zoning district; on
approximately 3.8662 acres of land, said recommendation attached hereto and made a
part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 11th day of April 2016 and
the 25th day of April 2016; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application Allemand/Windrose Land Services, applicant; on behalf of Lingo
Southgate Ltd., owner; for approval of a change in zoning from the Residential Estate
(R-E) and Single Family Residential — 2 (R-2) zoning districts to a General Business
(GB) zoning district; on approximately 3.8662 acres of land; presented which, in the
judgment of the City Council, would justify the approval of said application; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the Residential
Estate (R-E) and Single Family Residential — 2 (R-2) zoning districts, is hereby granted
a change in zoning to the General Business (GB) zoning district, in accordance with
all requirements of the current Unified Development Code and
Page 2 of 10
Ord. No. 2000M-143
approved by the City Council and incorporated for all purposes, such property
being more particularly described as:
Legal Description: being a tract or parcel containing 3.8662 acres or 168,441
square feet of land situated in the H.T. & B.R.R. company Survey, Section 81,
Abstract 300, Brazoria County, Texas, being the residue of Reserve "B", first
amending plat of Southgate Section One, as thereof recorded under Volume 24,
Page 123, Brazoria County Plat records, conveyed Lingo Southgate, Ltd. as
recorded in Brazoria County Clerk's File No. 01-053025, Brazoria County, Texas.
General Location: West side of Kirby Drive approximately 1,500 feet south of
Broadway Street, Pearland, TX.
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance
with the mandates of law in the posting and presentation of this matter to the Planning
and Zoning Commission for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Ordinance shall become effective after its passage and
Page 3 of 10
Ord. No. 2000M-143
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 11 day of April,
2016.
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TOM REID
MAYOR
ATTEST:
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► SEC; TARY j
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of April, 2016.
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TOM REID
MAYOR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Page 4 of 10
Ord. No. 2000M-143
1
Ordinance No. 2000M-143
Exhibit "A"
Exhibit A
Legal Description
Being a tract or parcel containing 3.8662 acres or 168,441 square feet of land situated
in the H.T. & B.R.R. company Survey, Section 81, Abstract 300, Brazoria County,
Texas, being the residue of Reserve "B", first amending plat of Southgate Section One,
as thereof recorded under Volume 24, Page 123, Brazoria County Plat records,
conveyed Lingo Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01-
053025, Brazoria County, Texas.
Page 5 of 10
Ord. No. 2000M-143
Ordinance No. 2000M-143
Exhibit "B"
Exhibit B
Vicinity Map
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Page 6 of 10
Ord. No. 2000M-143
Ordinance No. 2000M-143
Exhibit"C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said County and State.
Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal,
a newspaper of general circulation in the County of Brazoria,State of Texas.Who being duly
sworn,states under oath that the report of ZCA#2016-05Z a true copy of which is
hereto annexed was published in said newspapers in its issue(s)of March 10, 2016.
/ .
1 e1 i
'ublisher's Representative
Sworn to a•• subscribed before me this / 5--/-4- day of ///le-lC.IL,, 2016.
AO
All /// d ' 1 <---
Notary 'ublic
My commission expires on /---/a- 1 O ZG
E s ,,,,„..y,,,:,f:, „}' °��, LUCILLE GUERRA
Notary Public,State of Texas
,,,r. ,i�,' My Commission Expires
,f ,``o�'' January 18, 2020
NOTICE OF A JOINT PUBLIC HEARING
OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND,TEXAS
ZONE CHANGE APPLICATION NUMBER:2016-05Z
Notice is hereby given that on March 28,2016,at 6:30 p.m.,
the City Council and Planning and Zoning Commission
of the City of Pearland, in Brazoria, Hams and Fort Bend i NOTICE OF A JOINT PUBLIC HEARING
Counties, Texas, will conduct a joint public hearing in the OF THE CITY COUNCIL
Council Chambers of City Hall, located at 3519 Liberty
Drive,Pearland,Texas,at the request ofAllemand/Windrose AND
Land Services, applicant; on behalf of Lingo Southgate
Ltd., owner; for approval of a change in zoning from the THE PLANNING AND ZONING COMMISSION
Residential Estate (R-E)and Single Family Residential— 1
(R-1) zoning districts to a General Business (GB) zoning OF THE CITY OF PEARLAND,TEXAS
district;on approximately 3.8662 acres of land,to wit:
Being a tract or parcel containing 3.8662 acres or 168,441 ZONE CHANGE APPLICATION NUMBER:2016-05Z
square feet of land situated in the H.T. & B.R.R. company Notice is hereby given that on March 28,2016,at 6:30 p.m.,
Survey, Section 81, Abstract 300, Brazoria County, Texas, P•
being the residue of Reserve "B", first amending plat of the City Council and ,Planning Brazoria,and Zoning and Fort Bend
Southgate Section One, as thereof recorded under Volume Counties,the City of Pearland, in Btaz join H ubli and Fort in the
24,Page 123,Brazoria County Plat records,conveyed Lingo Council Chambers will conduct a joint located hearing in ry
Southgate, Ltd. as recorded in Brazoria County Clerk's File Council Chambers s City Hall, st of Al at 3519 Liberty
No.01-053025, Brazoria County,Texas. Drive,Pearland,Texas,at the request ofAllemand/Windrose
Land Services, applicant; on behalf of Lingo Southgate
General Location: West side of Kirby Drive approximately Ltd., owner; for approval of a change in zoning from the
General
feet Location:: West side Street, Pearland,TX. Residential Estate (R-E)and Single Family Residential— 1
(R-1) zoning districts to a General Business (GB) zoning
At said hearing, all interested parties shall have the right district;on approximately 3.8662 acres of land,to wit:
and opportunity to appear and be heard on the subject. Being a tract or parcel containing 3.8662 acres or 168,441
For additional information, please contact the Planning square feet of land situated in the H.T. & B.R.R. company
Department at 281-652-1765. Survey, Section 81, Abstract 300, Brazoria County, Texas,
Frankie Legaux being the residue of Reserve `B", first amending plat of
City Planner Southgate Section One, as thereof recorded under Volume
24,Page 123,Brazoria County Plat records,conveyed Lingo
Southgate, Ltd. as recorded in Brazoria County Clerk's File
No.01-053025, Brazoria County,Texas.
General Location: West side of Kirby Drive approximately
1,500 feet south of Broadway Street, Pearland,TX.
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject.
For additional information, please contact the Planning
Department at 281-652-1765.
Frankie Legaux
City Planner
•
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING
OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2016-05Z
Notice is hereby given that on March 23, 2016. at 6:30 p.m..
the City Council and Planning and Zoning Commission of the
City of Pearland, in Brazoria, Harris and Fort Bend Counties.
Texas. will conduct a joint public hearing in the Council
Chambers of City Hall. located at 3519 Liberty Drive,
Pearland. Texas, at the request of Andrew
Allemand!Windrose Land Services, applicant, on behalf of
Lingo Southgate Ltd., owner: for approval of a change in
zoning from the Residential Estate (R-E) and Single Family
Residential—2 (R-2) zoning districts to a General Business
(GB) zoning district: on approximately 3.8662 acres of land.
to wit
Being a tract or parcel containing 3.8662 acres or 168;441
square feet of land situated in the H T. & B.R.R. company
Survey, Section 81, Abstract 300. Brazoria County, Texas,
being the residue of Reserve -B'. first amending plat of
Southgate Section One, as thereof recorded under Volume
24, Page 123, Brazoria County Plat records. conveyed Lingo
Southgate. Ltd. as recorded in Brazoria County Clerk's File
No. 01-053025. Brazoria County, Texas.
General Location: West side of Kirby Drive approximately
1,500 feet south of Broadway Street. Pearland. TX.
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For
additional information. please contact the Planning
Department at 281-652-1765.
Frankie Legaux
City Planner
Page 7 of 10
Ord. No. 2000M-143
Ordinance No. 2000M-143
Exhibit"D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
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HOMAN
TEXAS
fsr. j89�
Planning & Zoning Commission
Recommendation Letter
March 29, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zoning Change Application 2016-05Z
Honorable Mayor and City Council Members:
At their regular meeting on March 28, 2016, the Planning and Zoning Commission considered the
following:
A request of Andrew Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate
Ltd., owner; for approval of a change in zoning from the Residential Estate (R-E)and Single
Family Residential—2(R-2)zoning districts to a General Business(GB)zoning district; on
approximately 3.8662 acres of land.
Legal Description: Being a tract or parcel containing 3.8662 acres or 168,441 square feet of
land situated in the H.T. &B.R.R. company Survey, Section 81, Abstract 300, Brazoria County,
Texas, being the residue of Reserve"B", first amending plat of Southgate Section One, as thereof
recorded under Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo Southgate,
Ltd. as recorded in Brazoria County Clerk's File No. 01-053025, Brazoria County, Texas.
General Location:West side of Kirby Drive approximately 1,500 feet south of Broadway Street,
Pearland, TX.
P&Z Commissioner Starr made the motion to recommend approval of Zone Change Application No.
2016-05Z, Commissioner Isenberg seconded the motion. The motion passed by a vote of 7-0. Chairman
Tunstall, Vice-Chair Duncan and Commissioners Pradia, Isenberg, Starr, McFadden and Selsky all voted
in favor of the motion.
Sincerely,
icout -J2-1/11"116
Frankie Legaux
City Planner
On behalf of the Planning and Zoning Commission
Page 8 of 10
Ord. No. 2000M-143
Ordinance No. 2000M-143
Exhibit "E"
Exhibit E
Site Plan and Attachments
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Ord. No. 2000M-143
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Page 10 of 10
Ord. No. 2000M-143
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