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Ord. 0246-085 04-11-83ORDINANCE NO. 246-85 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, A. O. JOHNSTON, Owner of the property, filed January 21, 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 made a part hereof for all purposes, as Exhibit "A"; and WHEREAS, on the 15th day of February, 1983, 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 Ordi- nance No. 246; and WHEREAS, on the 16th day of February, 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 A. 0. JOHNSTON, Owner of the prop- erty, whereby they recommended and approved a change of classification for the properties described in Exhibit "A" from its existing classification Pre -Develop- ment District to Commercial District; 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 March 14, 1983, 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 of A. 0. JOHNSTON, Owner of the property, by the City Council at its regular meeting held on March 14, 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 of A. 0. JOHNSTON, Owner of the property, 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: I The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owner being A. 0. JOHNSTON, and presently classified as Pre -Development District is hereby for all purposes changed and re- classified as Commercial: Being Lot Ten (10) of the Johnston Subdivision out of the HT&B RR Co. Survey, Section 13, Abstract 240, Brazoria County, Texas, according to the map or plat of said Johnston Subdivision of record in Volume 5, page 303 of the Plat Records of Brazoria County, Texas, SAVE AND EXCEPT that certain 30 foot by 337 foot tract described in Volume 609, page 547 of the Deed Records of Brazoria County, Texas, and that certain 50 foot by 96 foot tract described in that deed from H. C. Johnston et ux to Humble Pipe Line Company dated December 5, 1967. The City Secretary is hereby, directedto 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./j PASSED AND APPROVED ON FIRST READING this �� day of ",>24 4 / , A. D., 1983. Mayor, City of Pearland, Texas PASSED AND APPROVED ON SECOND AND FINAL READING this // day of (244,)) , A. D., 1983. C.—>\"5/ Mayor, City of Pearland, Texas ATTEST: City Secretary APPROVED AS TO FORM: EXHIBIT "A" CITY OF PEARLAND LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED BOARD OF ADJUSTMENT & APPEAL ( ) Change in Regulations in / Section (V1 Change in Zone Class From: )47D To: G ( ) Variance Appeal ( ) Appeal from Interpretation ( ) Special Exception Use For: PROPERTY IDENTIFICATION Street or Road Address: SEE Ti cg#z, Pi. 4ec, t(%OrP /. -CrVia CYS/ Lot /0 , Block Addition ✓OfA/STOM 1j80,U/.i/O/t/ SUBMITTAL INFORMATION 1. Must be professionally drawn 5. Tract Dimension 2. Minimum scale of 100' to inch. 6.. Locati.on, size, relationship 3. North Arrow of all existing structures to 4. Site Map attached Boundary lines LEGAL DESCRIPTION Describe from Deed Records, attach copy of Deed, and use metes and bounds description: Platted Lane: S''E .$Tr.4ema2 Unplatted Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: £1?O /076/ .C/A-C.. RECORD OWNER: // Ja//4/SM OWNER'S MAILING ADDRESS & PHONE NO.: (-Po 30 `7 //76 7'Sj-I /j/4) 2/02/884 dce ? NAME & ADDRESS OF MORTGAGEE, if any: AGENT'S NAME: PHONE NO.: AGENT'S MAILING ADDRESS: PETITION As Owner/Agent, I hereby petition the City for approval of the above described qu-• a✓ provided by the laws of the State of Texas and Orddinanc: of the 'ity of Pearland. SIGNATURE/ / /(/ Owner FEE: $ ,66- DATE FILED: /- o7/`d3 SIGNATURE AGENT DATE PAID: //--D3 APPLICATION NO. // EXHIBIT "B" z THE JOURNAL P.O. BOX1448 FRIENDSWOOD,TEXAS77546 482-292 PUBLISHER AFFIDAVIT State of Texas County of Brazoria Personally appeared before me the undersigned,a notary public within and for said county and state,Howard Alden,Publisher of the Journal,a newspaper published in Houston,County of Harris, State of Texas,who,being duly sworn,states on oath that the report of City of Pearland a true copy of which is hereto attached,was published in said newspaper in its issue of 26th day of February 1983 Sworn to and subscribed before me this day of V.Ne 'C‘A 1 SI' 3 • 0 0 2 ocF_ Ah465 d c, ' Public Notice-' NQTICE OF A PUBLIC HEARING :. c BY THE. CITYCQUNCIL. . • OFTHEM! -OF ' -''- PEA RLAND,TEXAS Notice is hereby given that OIL the : loth day of March-, 1983, at 7:30 P.M.,. the City Council of the City af. Pearland, Brazoria and Ho- arris Celia-• ties, Texas, under Docketed Public Hearings; wilt conduct Public Hear- ing in the Council Room,: City Hail, 2335 NN 'Texas Avenue, Pearland,. Tens, on the request ot: A.O.Johnston, Owner, for an amendment to the Land Use and Urban Develop.,mend Ordinance ofsaid City,. from classification - Pre -Development District (PTO to Commercial District (C) on the following described pro - pest, tmwit .. Being Lot Teri (10) of the •)ohmton Subdivision out of HTAB RR Co. Surrey, Secsia 13, Abstract Y40, Brazoria County, Texas according Loa the- map. a. plat of said Johnston Subdivision of record in Volugte 5, page303 of the Pat Records- of • Brazoria County, Texas,' SAVE, AND'' EXCEPT that calm 30 foot by 337 -14 foot hact describedin•Vdeme 609, page 547 of the Deed Records of Biennia County. Texas, and that:er tain 50 foot by 98 foot tract describ- ed in -that deed trom.H.C. Johnston et unto Humble Pipe Line .Company ._ dated December 5,1967.; - r. 4 At such time and place as aboeit stated, the City Count will hem all evidence concerning advisability - of.; amending said Otdinance. and. she wilt hear all evidence'id protest le- the amendment of said Ordnance. Qorothy LCaon:'. City'Secretarji -.. 90 /11( Publisher 3t5