Ord. 0246-088 10-10-83ORDINANCE NO. 246-88
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, L. A. CORTE, Agent for WAYNE MILLER and DOROTHY MILLER CORTE-
MEGLIA, Owners of the property, filed July 21, 1983 (and amended on August 19,
1983), 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 amended on
August 19, 1983), and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 2nd day of August, 1983, a public hearing was held be-
fore the Planning and Zoning Commission of the City of Pearland, Texas, all in
accordance with the provisons of Article IV, Section 10-2 (4) and (5) of Ordinance
No. 246; and
WHEREAS, on the 8th day of August, 1983, the Planning and Zoning Com-
mission of the City submitted their report and recommendation to the City Council
regarding the proposed amendment application of L. A. CORTE, Agent for WAYNE MILLER
and DOROTHY MILLER CORTEMEGLIA, Owners of the property, whereby they recommended
and approved a change of classification from Planned:Unit to Medium Density Single
Family Dwelling District (R-2) on 70.91 acres, and from Planned Unit to General
Business District (GB) on 9.09 acres; and
WHEREAS, upon receipt of the report from the Planning and Zoning Com-
mission, the City Council thereafter gave notice of a public hearing to be held on
September 12, 1983, by publication in the official newspaper of the City, the
affidavit of publication being attached hereto and made a part hereof for all pur-
poses, 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
L. A. CORTE, Agent for WAYNE MILLER and DOROTHY MILLER CORTEMEGLIA, Owners of the
property, by the City Council at its regular meeting held on September 12, 1983;
and
WHEREAS, the City Council have 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 L. A. CORTE, Agent for WAYNE MILLER
and DOROTHY MILLER CORTEMEGLIA, Owners 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:
(A) The following described property located within the corporate City Limits
of the City of Pearland, Texas, recorded owner being WAYNE MILLER and DOROTHY MILLER
CORTEMEGLIA, and presently classified as Planned Unit District is hereby for all
purposes changed and re-classified as Medium Density Single Family Dwelling District
(R-2):
70.91 Acres of Land, out of Lots 13 and 14 of the F. B. Drake Survey
Section 12, Abstract 508, Brazoria County, Texas, being more partic-
ularly described by metes and bounds as follows:
COMMENCING from the southeast corner of the aforementioned Lot 14, said
corner being in the centerline of County Road 143 (Pearland Sites Road);
THENCE, -South 890 48' 30" West, along the south line of Lot 14, at a
distance of 40.00 feet pass a 1/2 inch rod for reference corner, continuing in all
a total distance of 150.00 feet to the POINT OF BEGINNING: THENCE, continuing South 89° 48' 30" West, along the south line of Lots
14 and 13, a distance of 2,340.00 feet to a point for corner;
THENCE, North, a distance of 1,320.00 feet to a point for corner in the
north line of Lot 13;
THENCE, North 890 48' 30" East, along the north line of Lots 13 and 14,-
a distance of 2,340.00 feet to a point for corner;
THENCE, South, a distance of 1,320.00 feet to the POINT OF BEGINNING;
CONTAINING 70.91 acres of land, more or less.
(B) The following described property located within the corporate City Limits
of the City of Pearland, Texas, recorded owner being WAYNE MILLER and DOROTHY MILLER
CORTEMEGLIA, and presently classified as Planned Unit District is hereby for all
purposes changed and re-classified as General Business (GB):
TRACT A - A 4.545 acre tract of land out of Tract 14, of the F. B.
Drake Survey, Section 12, Abstract 508, Brazoria County, Texas, more
particularly described as follows:
BEGINNING at the Southeast corner of said Tract 14, same point being the
Southeast corner of the herein described tract;
THENCE S. 890 48' 30" W. a distance of 150 feet to a point for corner;
THENCE North a distance of 1,320 feet to a point for corner;
THENCE N. 890 48' 30" E. a distance of 150 feet to a point for corner;
THENCE South a distance of 1,320 feet to a point for corner and the PLACE
OF BEGINNING.
Said tract herein described containing 4.545 acres of land.
TRACT B - A 4.545 acre tract of land out of Tract 13, of the F. B.
Drake Survey, Section 12, Abstract 508, Brazoria County, Texas,
more particularly described in metes and bounds as follows:
BEGINNING .at the Southwest corner of said Tract 13, same point being the
Southwest corner of the herein described tract;
THENCE North a distance of 1,320 feet to a point for corner;
THENCE N. 890 48' 30" E. a distance of 150 feet to a point for corner;
THENCE South a distance of 1,320 feet to a point for corner;
THENCE S. 890 48' 30" W. a distance of 150 feet to a point for corner and
the PLACE OF BEGINNING.
Said tract herein described containing 4.545 acres of land.
II.
The City Secretary is hereby directed to cause to be prepared an amend-
ment 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 7� day of_
A. D., 1983.
' G?'rt._.
Mayor, City of Pearland,'Texas
ATTEST:
City Secretary
PASSED AND APPROVED ON SECOND AND FINAL READING this /0 day of
, , A. D., 1983.
ATTEST:
M1
v {_
City Secretary
APPROVED AS TcPFORM:
Maa a., City of Pearland, Texas
City Attorney
ZONING CHANGE REQUESTED
( )
EXHIBIT`"A-I"
CITY OF PEARLAND
LAND USE CHANGE APPLICATION
Change in Regulations
Section
( x ) Change in Zone Class
From: Planned Unit Development (PU)
To: Single Family Medium Density (R-2)
and General Business
in
PROPERTY IDENTIFICATION
BOARD OF ADJUSTMENT & APPEAL
Variance Appeal
Appeal from Interpretation
Special Exception Use
Street or Road Address: Tracts 13 & 14 of the F.B.
Lot Block
SUBMITTAL INFORMATION
1. Must be professionally drawn
2. Minimum scale of 100' to inch_
3. North Arrow
4. Site Map attached
Brazoria County, Texas
Addition
x
x
x
x
Drake Survey, Sec. 12, A-508,
5. Tract Dimension x
6. Location, size, relationship
of all existing structures to
Boundary lines N/A
LEGAL DESCRIPTION
Describe from Deed Records, attach copy of Deed, and use metes and bounds description:
Platted Lane: Lots 13 and 14 of the F.B. Drake Survey, Section 12, Abstract 508,
Brazoria County, Texas
Unplatted Land: (Must have metes & bounds description
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: Development for R-2 Residential
subdivision and general business classification
RECORD OWNER: (1) Wayne Miller and (2) Dorothy Miller Cortemeglia
OWNER'S MAILING ADDRESS & PHONE NO.: (1) 2421 Parkview Dr. - Pearland, Texas 77581
(997-1303)
NAME & ADDRESS OF MORTGAGEE, if any: None
AGENT'S NAME: L.A. Corte
PHONE NO.: 485-4336
AGENT'S MAILING ADDRESS: P.O. Box 854 - Pearland, Texas 77581
PETITION As Owner/Agent, I
described request
Oi.n nZ of tith��''��
�C
SIGNATURE A:cL
Owner
p°
FEE: $ 0200
hereby petition the City for approval of the above
as provided by the laws of the State of Texas and
ity of Pearland.
IGNATURE !/l. , C a
AGENT
DATE PAID: `7- -23
DATE FILED: t -a{-83
APPLICATION NO. / p21.,3
EXHIBIT "A-2"
RODRIGUEZ REALTY COMPANY, INC.
5126 FM. RD. 518 WEST
P.O. BOX 854
PEARLAND, TEXAS 77581
713-485-4336
August 19, 1983
City of Pearland
P.O. Box 1157
Pearland, Texas 77581
Attn: Ms. Dorothy Cook
Dear Ms. Cook,_
This is a request for an amendment to our Application Number 123, for
an amendment to the land use and urban development ordinance.
The original application was for rezoning of Lots 13 and 14 of the F.
B. Drake Survey, Section 12, Abstract 508 from Planned Unit to (a)
71.73 acres as (R-2), Medium Density Residential and (b) 8.27 acres
to (G.B.) General Business.
By this letter we are requesting that the application be revised, at
the suggestion of the Planning Commission as follows:
(1.) 70.91 acres Planned Unit to Medium Density Single Family Dwelling
District (R-2).
(2.) 9.09 acres Planned Unit to General Business District (G.B.).
Attached are the metes and bounds description of the General Business
tracts and -the Residential tracts, along with a conceptual plat of the
total 80 acres, subject to rezoning.
Thank you for your assistance.
Sincerely yours,
Lofts A. Corte,
Agent for Seller
LAC/br
AMENDMENT TO APPLICATION NO. 123
EXHIBIT"B"
L�z
yzJOURNAL
Q P.O. BOX 1448 FRIENDSWOOD, TEXAS 77546 482_7722
Go
PUBLISHER AFFIDAVIT
State of Texas
County of Brazoria
Personally -appeared before me the undersigned,a notary public
within and for said county and state, -Debra Shoots,publisher of
the Journal,a newspaper published in Houston,County of Harris,
State of Texasowhpybeing duly sworn,states on oath that the
report of City of Pearland a true copy of which
is hereto attached,was ptblished in said,newspaper in its issue
of twenty seventh day of August 1983
Publisher
Sworn to and subscribed before me this twenty third
day of --September 1983
144a,
Notary Public
NOTICEpf i LIC_
te HEARING BY THE CI
`) COUNCIL Of THE
{- CITY OFPEARUND-;
Notice is hereby given tbzt on the
12th day of September;. 1983. at
7:30 p.m., the City Council of the Ci-
ty of Pearland• erazaia 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
L.A. Corte, Agent for Wayne Miler
and Dorothy Miller Cortemeglia,
Owners for an amendment to the
Land Use; and Urban Development
Ordinance; of said Cite, from
Uassiticahon Planned Unit' to the
classification shown below. Lots 13.
and 14 of the F.B. Drake Survey. Sec-
tion 12. Abstract 508. Brazaia Conn:
ty, Texas. (Location between.
Peadand Sites and McLean Roads at
South City Limit Line) .0
rdswood Dr., Frient
1 -TO91: acres Planned-Unitto
Medium Density Single Family Swell:
-log District(R 2Y.'`
q goq`aerex -Planned Unit tl2
cmiiliii
17!
m