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Ord. 0246-098 10-22-84ORDINANCE N0. 246-98 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, BOB CAMPBELL, Agent for H. D. JOHNSTON, Owner of the property, filed June 25, 1984, 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 17th day of July, 1984, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, all in accor- dance with the provisions of Article IV, Section 10-2 (4) and (5) of Ordinance No. 246; and WHEREAS, on the 20th day of July, 1984, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed amendment application of BOB CAMPBELL, Agent for H. D. JOHNSTON, Owner of the property, whereby they disapproved a change of classification for the property described in Exhibit "A" from its existing classification of Planned Unit (PU) to Plan Approval (P/A - Single Family Home Subdivision Containing 108 Lots) as shown in Exhibit "B" attached hereto; and 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 August 13, 1984, by publication in the official newspaper of the City, the affida- vit 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 the provisions of Article IV, Section 10-2 (6) of Ordinance No. 246; and WHEREAS, a public hearing was held on the application of BOB CAMPBELL, Agent for H. D. JOHNSTON, Owner of the property, by the City Council at its regular meeting held on August 13, 1984; 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 of BOB CAMPBELL, Agent for H. D. JOHNSTON, Owner of the property, facts were presented which, in the judgment of the City would justify the approval of said application, and thereby upon a majority vote as required by Ordinance No. 246, the City Council did in all things approve said application 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 H. D. JOHNSTON, and presently classified as PU (Planned Unit) is hereby for all purposes changed and re-classified as Plan Approval (P/A - Single Family Home Subdivision Contain- ing 108 Lots): A 26.5569 acre tract of land out of the northwest one-fourth of Section 11, H.T.&B.R.R. Co. Survey, Abstract 239, Brazoria County, Texas, and being more particularly described as follows: BEGINNING at a nail in McLean Road at the southwest corner of the afore- mentioned Northwest one-fourth of Section 11, which bears North a distance of 2640.00 feet from the southwest corner of said Section 11; THENCE North along McLean Road and the west line of said Section 11, a dis- tance of 1195.00 feet to a P.K. nail for corner; THENCE N 89° 58' 55" E at a distance of 30.00 feet pass a 1/2 inch iron pipe for reference corner, continuing in all a total distance of 968.05 feet to a 3/4 inch iron pipe for corner; THENCE South a distance of 1195.00 feet to a 1/2 inch iron rod for corner; THENCE S 89° 58' 55" W at a distance of 938.05 feet pass a 1/2 inch iron rod for reference corner, continuing in all a total distance of 968.05 feet to the PLACE OF BEGINNING and containing 26.5569 acres of land. 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 upon second and final reading. PASSED AND APPROVED ON FIRST READING this I day of (524 A. D., 1984. ATTEST: / V+ Secretary -2- PASSED AND APPROVED ON SECOND AND FINAL READING this d"1:k day of , A. D., 1984. Mayor, City of Pearland, Texas ATTEST: ---CV ty Secretary APPROVED AS TO FORM: VOTING RECORD - FIRST READING "Aye": COUNCILMAN GRAY, COUNCILMAN BOST, COUNCILMAN FRAUENBERGER AND COUNCILMAN LENTZ. "No": NONE VOTING RECORD - SECOND READING "Aye": COUNCILMAN GRAY, COUNCILMAN BOST, COUNCILMAN FRAUENBERGER, COUNCILMAN MACK, COUNCILMAN LENTZ "No": NONE -3- EXHIBIT "A" tlTY OF PEARLANu LAND USE CHANGE APPLICATION . ZONING CHANGE REQUESTED ( ) Change in Regulations in Section (t/f Change in Zone Class From: To: PA. PROPERTY IDENTIFICATION Street or Road Address: Lot , Block SUBMITTAL INFORMATION BOARD OF ADJUSTMENT & APPEAL Variance Appeal Appeal from Interpretation Special Exception Use M775s/' 70.6. Addition 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, attach 5. Tract Dimension 6. Location, size, relationship of all existing structures to Boundary lines copy of Deed, and use metes and bounds description: Platted Lane: 2b,Ss&,q' f1 CP,ES oar ov //E" NcwTfiiv'ar 04,27 ogccil of 56070N // // 7 70,4B 0 R 6 ,.S'v eu y 4 -23 91 6R0AZo e/A &dNr"j"T Unplatted Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: Sae- Con,TA/A/ i68 J0 S,A/01& •/ mi[y f/onnc— RECORD OWNER: f-j. i). t iths7rAY OWNER'S MAILING ADDRESS & PHONE NO.: NAME & ADDRESS OF MORTGAGEE, if any: AGENT'S NAME: ic) j/r tOnfil PHONE NO.: 997 ;4440 AGENT'S MAILING ADDRESS: F, /?),v. 66 % PETITION As Owner/Agent, I described request Ordinances of the SIGNATURE!�<� Owner �E.,9,QL.9d:0 Z hereby petition the City for approval of the above as provided by the laws of the State of Texas and City of Pearland. -el'" SIGNATURES AGENT FEE: $ /6. . 00 DATE PAID: l —/p' cf ( nt' at—tr./4 DATE FILED: pij'5/ ( 419�¢, J APPLICATION NO. /..31 • EHIBIT "C" THE JOURNAL PUBLISHER AFFIDAVIT State of Texas, County of Brazoria Frlendswood 317 Friendawood Delve Friendswood, TX 77546 482.2222 Peeriend 3419 E Broadway, Suite F Westland, TX 77581 485.2785 Alvin 2002 South Gordon Alviq.-iX 77511 331-9074 Personally appeared before me the undersigned, a notary public within and for said county and state, Ken Carr, Publisher of the Journal, a newspape? published in Houston, County of Harris, State of Texas, who, being duly sworn, states on oath thatthe ehlch report of CITY OF PEART,AND a true copy of is hereto attached, was published in said JUe newspaper in its issue of 271984 . Sworn to and subscribed before mg this day of SRPP 1984 • ED INSERTION ORDER O t 1 :?. NOTICE OF A PUBLIC evd nc HEARING BY THE CITY Council will hear all bility of COUNCIL OF THE CITY OF concerningndinsaiddvisadina of PEARLAND, TEXAS amending Ordinance. and also will hear all — Notice is hereby given that amendment of said Or - on the 13th day of August. dinance. 1984, at 7:30 P.M., the City Council of • the City off Pearland, Brazoria and Harris, Counties, Texas, undel Docketed Public Hearings,' will conduct a Public Hearing' — in the Council Room, City Hall 2335 N. Texas Avenue,' Pearland, Texas, on the' request of Bob Campbell, Agent for H.D. Johnston, Owner for an amendment to the Land Use and Urban Development Ordinance of said City from classification Planned Unit (PU) to Plan Approval (PM -Single Family Horne Subdivision Con- taining 108 Lots) on the following described property towit A 26,5569 acre tract of land out of the northwest one- j fourth of Section II,' H.T.&B.R.R. Co. Survey, Abstract 239, Brazoria County, Texas. (Location McLean and Fite Roads.) At such time and place as the City above stated. . evidence in protest to the Dorothy L. Cook City Secretary tar j'ubl c in and or th ate 'of Texas.