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Ord. 0246-106 07-08-85ORDINANCE NO. 246-106 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, RON SLANK, Agent for MARVIN F. PRIMROSE, Owner of the property, filed April 25, 1985, an application for amendment pursuant to Article IV, Section 00-10 of the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use all as provided for in Section 00-10, said property being legally described in the original application for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A", and WHEREAS, on the 21st day of May, 1985, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, all in accordance with the provisions of Article IV, Section 10-2 (4) and (5) of Ordinance No. 246; and WHEREAS, on the 24th day of May, 1985, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed amendment application of RON SLANK, Agent for MARVIN F. PRIMROSE, Owner of the property, whereby they recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Planned Unit (PU) to Commercial (C). WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council thereafter gave notice of a public hearing to be held on June 10, 1985, 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 "8", said call and notice being in strict conformity with the provisions of Article IV, Section 10-2 (6) of Ordinance No. 246; and WHEREAS, a public hearing was held on the application of RON SLANK, Agent for MARVIN F. PRIMROSE, Owner of the property, by the City Council at its regular meeting held on June 10, 1985; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, having been fully advised in the premises, finds that in the case of the application of RON SLANK, Agent for MARVIN F. PRIMROSE, Owner of the prop- erty, facts were presented which, in the judgment of the City would justify the approval of said application, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owner being MARVIN F. PRIMROSE, and presently classified as PU (Planned Unit) is hereby for all purposes changed and re-classified as C (Commercial): Lot or Tract No. Fifty-one (51) of the Subdivision of Section 6, H. T. & B. R. R. Company Survey, Abstract 544, Brazoria County, Texas, according to the map or plat of the Subdivision of said Section as it appears of record in the office of the County Clerk of Brazoria County, Texas, said tract containing ten (10) acres of land, more or less. II. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 00-5 of Ordinance No. 246, and consistent with the approval herein granted for the re-classification of the hereinabove described property. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED and APPROVED ON FIRST READING THIS ./.>2 T A. D., 1985. Uvsc day o Mayor, City of Pearland, Texas ATTEST: Assistant City ecretary PASSED and APPROVED ON SECOND AND FINAL READING THIS A. D., 1985. ATTEST: y City Secretary APPROVED AS TO FORM: day of Mayor, City of Pearland, Texas -2 - EXHIBIT 'A" CITY OF PEARLAND LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED ( ) Change in Regulations in Section ( ) Change in Zone Class From: -R-2 Pa (fizitt„,tii„Li ) To: Commercial PROPERTY IDENTIFICATION Street or Road Address: Lot 51 , Block SUBMITTAL INFORMATION BOARD OF ADJUSTMENT & APPEAL ( ) Variance Appeal ( ) Appeal from Interpretation ( ) Special Exception Use For: 14516 Hatfield Road AtitiziktO Abstract 544 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site Map attached 5. Tract Dimension 6. Location, size, relationship of all existing structures to Boundary lines LEGAL DESCRIPTION Describe from Deed Records, attach copy of Deed, Platted Lane: and use metes and bounds description: Unplatted Land: (Must have metes & bounds description) Beginning at the Southeast corner, thence West a distance of 1036.7 to a point for corner, thence North a distance of 420.2 feet to a point for corner, thence East a distance of 1036.7 to point for corner. thence South along the centerline of Hatfield Road a distance of 420.2 feet to a point or place of beginning. - PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: RECORD OWNER: Marvin F. Primrose OWNER'S MAILING ADDRESS & PHONE NO.: Route 3, Box 3925 Pearland, Texas 77581 NAME & ADDRESS OF MORTGAGEE, if any: None AGENT'S NAME: . 2 PHONE NO.: 2/45 AGENT'S MAILING ADDRESS: 6U3s L!J 453;'o.4r)c.J/1"/ �E42/,4wO/ �x 77Stj PETITION As Owner/Agent, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. SIGNATUREi�/liL, e %� { SIGNATURE ,-c--e ,,.c� � J Owner AGENT DATE PAID: , 5--,5-- FEE: $ 200 00 DATE FILED: L,/-�S�fS APPLICATION NO. /4/3 684,12,c ,4, EXHIBIT "B" OURNAL PUBLISHER AFFIDAVIT State of Texas, County of Brazoria Friend.wood , Fn.ndlwOod onvt .,.ndrwood. ix ^Su 462-2227 • Pa Mend N IV L Dlodwtt_ Suns peririind, Tx /Taal • 485.2785 Alvin .,w. ,oulh Go, to, Alv, q-tx I T51 3 31.0074 Personally appeared before me the undersigned, a ntftary public within and for said county and state, Ken Carr, Publisher of the Journal, a newspaper published In Houston, County of Harris, states on oath that the a State of Texas, who, being- duly report of CITY OF PEARLAND is hereto attac ed, was pub shed in of 4 24 Sworn to and subscribed JUNE, 1985 day of , NOTICE OF A PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS • Notice is hereby given that on the 10th day of June, 1985, at 7:30 P.M., the City Council of the City. of Pearland, Brazoria and Harris Counties, Texas, under Docketed Public Hearings, will conduct a Public Hearing `-in., to Council Room, City Hall,i2335N. Texas Avenue, Peariand, Texas, on the request of Ron Stank, Agent, Marvin F. Primrose, Owner sworn true copy of which said newspaper in its issue day of MASS Publisher before me this 13 Public Notice foran amendment;:: to Si Land Use and Urban • Development Ordinance of • said City, from classification Planned Unit (Pt1) to Corn. mercial (C) on the following ., described propertyto•wit Lot or Tract No. Fifty-one (51) of the Subdivof Section 6, H.T.&�ion B.R.R. Company Survey, Abstract 544, Brazoria County, Texas. lI (14516 Hatfield Road) At such time and place as above stated, the City - Council willhear all evidence concerning advisability of amending said Ordinance, and also will hear all evidence in protest to the • amendment of said Or- dinance. Kay Krouse City Secretary