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Ord. 0246-105 06-24-85ORDINANCE NO. 246-105 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, BLAIR HAMILTON, Agent for BENNIE ODDO, Owner of the property, originally filed April 18, 1985 (and amended on May 8, 1985) an application for amendment pursuant to Article IV, Section 00-10 of the Land Use and Urban Develop- ment Ordinance of the City, for approval of a change in the land use all as pro- vided 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 amended on May 8, 1985 and attached hereto as Exhibit "A-1". WHEREAS, on the 7th day of May, 1985, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, all in accord- ance with the provisions of Article IV, Section 10-2 (4) and (5) of Ordinance No. 246; and WHEREAS, on the 10th day of May, 1985, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed application, as amended, of BLAIR HAMILTON, Agent for BENNIE ODDO, Owner of the property, whereby they recommended and approved an amended application for change of classification on the property described in Exhibit "A-1" from its existing classification of Planned Unit (PU) to Commercial (C); WHEREAS, upon receipt of the report from the Planning and Zoning Commis- sion, the City Council thereafter gave notice of a public hearing to be held on May. 28, 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 "B", 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, as amended, of BLAIR HAMILTON, Agent for BENNIE ODDO, Owner of the property, by the City Council at its regular meeting held on May 28, 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, as amended, of BLAIR HAMILTON, Agent for BENNIE ODDO, Owner of the property, facts were presented which, in the judgment of the City would justify the approval of said application, as amended, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; I. The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owner being BENNIE ODDO, and presently classified as PU (Planned Unit) is hereby for all purposes changed and re-classified as C (Commercial): 3.0285 acres of land being part of the West half (2) of Lot 52 of the Allison Richey Gulf Coast Home Subdivision of the H.T. & B. RR. Co. Survey No. 6, A-544, Brazoria County, Texas, and more particularly described as follows: BEGINNING at a point for the Southwest corner of said Lot 52 of the Allison Richey Gulf Coast Home Company Subdivision at the intersection of O'Day Road and F. M. 518; THENCE NORTH along the West line of said Lot 52 a distance of 352.15 feet to a point for corner; THENCE EAST a distance of 373.35 feet to a point for corner; THENCE SOUTH a distance of 354.55 feet to a point for corner at F. M. 518; THENCE N 89° 37' 54" W a distance of 373.35 feet (called WEST - 373.55 feet) to the PLACE OF BEGINNING. 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 A.D., 1985. • City Secretary ATTEST: /v day of or Pro Tem ity of Pearland, Texas PASSED and APPROVED ON SECOND AND FINAL READING THIS a n day of a./ , A.D., 1985. APPROVED AS TO FORM: /i y 4, Mayor, City of Pearland, Texas L A111011 n C CITY OF PEARLAND LAND USE CHANGE APPLICATION SUBMITTAL INFORMATION 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site Map attached ZONING CHANGE REQUESTED ( ) Change in Regulations in Section ( X ) Change in Zone Class From: Planned Unit Development To: Ccmnercial PROPERTY IDENTIFICATION Street or Road Address: BOARD OF ADJUSTMENT & APPEAL ( X) ( ) ( ) For: Variance Appeal Appeal from Interpretation Special Exception Use N.E: Corner of O'Day Road and F.M. 518 Lot Parts of 50, 5? Block Addition Allison Richey Cuff Coast Haile Subdivision of the H.T. & B RR Co. X X X X 5. Tract Dimension X 6. Location, size, relationship of all existing structures to Boundary lines X LEGAL DESCRIPTION Describe from Deed Records, attach copy of Deed, and, use metes and bounds description: Platted Land: N.A. Unplatted Land: (Must have metes & bounds description) 8.6548 acres of land being all of the West '/: of Lot 50 and part of the West '/: of Lot 52 of the Allison Richey Gulf Coast Pare Company Subdivision of the H.T. & B. RR. CO. Survey No. 6, A-544, Brazoria County, Texas, PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: Developmat of approx. 20,000 S.F. Shopping Center on South 3.03 acres; and future Cffice/Warehouse lease spaces on the North 5.80 acres. RECORD OWNER:Mr. Bennie Oddo (1st Lien: Snail Business Administration) OWNER'S MAILING ADDRESS & PHONE NO.: P.O. Box 306 Seabrook, Texas 77586 Phonej713)474-4039 NAME & ADDRESS OF MORTGAGEE, if any: N.A. AGENT'S NAME: Blair Hamilton, Mackey & Carpany, Architects PHONE NO.: (713)332-9250 AGENT'S MAILING ADDRESS: 525 East Walker, Suite 200 League City, Texas 77573 PETITION As Owner/Agent, I hereby petition the City for approval of the above described request as•-.vided by the laws of the State ofi Texas a es of the C' f arland. Owner FEE: $ 68.Ot DATE FILED: I%/8 - SS' SIGNATURE AGENT DATE PAID: 4-iti PSG / APPLICATION N0. /` (02... LAND CITY OF PEARLAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED ( ) Change in Regulations in Section (X) Change in Zone Class From: Planned Unit Development To: Commercial PROPERTY IDENTIFICATION Street or Road Address: N.E. Corner BOARD OF ADJUSTMENT & APPEAL (X ) ( ") ( ) For: Variance Appeal Appeal from Interpretation Special Exception Use of O'Day Road and F.M. 518 Lot Part of Lot 52 , Block Addition Allison Richey Gulf Coast Hare Subdivision of the H.T. & B RR Co. SUBMITTAL INFORMATION 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site Map attached LEGAL DESCRIPTION Describe from Deed Records Platted Lane: N.A. 5. Tract Dimension 6. Location, size, of all existing Boundary lines X relationship structures to X attach copy of Deed, and use metes and bounds description: Unplatted Land: (Must have metes & bounds description) 3.0285 acres of land being part of the West half ('h) of Lot 52 of the Allison Richey Qilf Coast Haw ccnpany Subdivision of the H.T. & B. RR. Co. Survey No. 6, A-544 Brazoria County, Texas. Metes and bounds as described on attached supplement to application. PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: Development of a Shopping Center approximately 20,000 S.F. in area. RECORD OWNER: Mr. Bennie Oddo ilst Lien: Shall Business Adninistration) OWNER'S MAILING ADDRESS & PHONE NO.: P.O. Box 306 Seabrook, Texas 77586 Phone (713)474-4093 NAME & ADDRESS OF MORTGAGEE, if any: N.A. AGENT'S NAME: Blair Hamilton, Mackey & Ccmpany, Architects PHONE NO.: (713)332-9250 AGENT'S MAILING ADDRESS: 525 East Walker, Suite 200 League City, Texas 77573 PETITION As Owner/Agent, I hereby petition the City for approval described request'as provided by the laws of the State of Texas Ordinances of rne)C,it.y of Pearland. SIG wner FEE: $ DATE PAID: of the above DATE FILED: APPLICATION NO. 142 Arrend d EXHIBIT 11B" JOURNAL PUBLISHER AFFIDAVIT State of Texas, County of Brazoria Friendewood J t i f riendewood °nit r„endswoed. TX r75a1 482.2222 Portend 3419 t Broedw.y. June Pet—rdia, Tx ) 7581 485.2785 • Personally appeared before me the undersigned, a notary public within and for said county and state, Ken Carr, Publisher of the Journal, a newspaper published in Houston, County of Harris, State of Texas, who, being duly sworn, states on oath thatthe report of CITY OF PEARLAND a true copy of is hereto attached, was published in said newspaper in its issue of,* 10 day of MAY. 1985 Alvin [uu: :.oulh Gordo, Alvin,IX. 7751 % 131.9074 Sworn to and subscribed before rile - day of MAY, 1985 Public Notice NOTICE OF A PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS Notice is hereby giventhat on the 28th day of May, 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 the Council Room, City Hall, 2335 N. Texas Avenue,. Pearland, Texas, on the request of Bennie Oddo, Owner, Blair Hamilton, Agent,tor an amendment to me Land Use and Urban Development Ordinance of said City, from classification Planned Unit (PU) to Com- mercial (C) on the following described property to -wit: 3.0285 acres of land being part of the West half (1/2) of Lot 52. of. the Alison Richey GulfaCdast:Home Companys. Subdivlson'dr the H:T & BA- RR. Co: -Survey No. 8:A-544 Public Notice Comer of O'Day Road ano. F.M. 518) At such time and place as above stated, the City Council will hear all evidence concerning advisability of 1. amending said Ordinance, and also will hear all %evidence in protest to the amendment of said Or- dinance. Kay Krouse City Secretary ry Public in and or the e of Texas.