Ord. 0246-084 03-14-83ORDINANCE NO. 246-84
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, KELLY R. KALUZA AND ASSOCIATES, INC., Agent for JOHN W. ABBOTT,
Trustee -Owner of the property, filed December 13, 1982, an application for amend-
ment 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 llth day of January, 1983, a public hearing was held be-
fore 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 12th day of January, 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 KELLY R. KALUZA AND ASSOCIATES, INC.
Agent for JOHN W, ABBOTT, Trustee -Owner of the property, whereby they recommended
and approved a change of classification for the properties described in Exhibit "A"
from its existing classification of Pre -Development District to Commercial; 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
February 14, 1983, by publication in the official newspaper of the City, the affi-
davit 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 KELLY R. KALUZA
AND ASSOCIATES, INC., Agent for JOHN W. ABBOTT, Trustee -Owner of the property, by the
City Council at its regular meeting held on February 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 KELLY R. KALUZA AND ASSOCIATES, INC., Agent for JOHN W.
ABBOTT, Trustee -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:
The following described property located within the corporate City Limits
of the City of Pearland, Texas, recorded owner being JOHN W. ABBOTT, Trustee of
the property, and presently classified as Pre -Development District isherebyfor all
purposes changed and re-classified as Commercial:
13.802 Acres of Land being the Northerly portion of a 63.956 Acre
Tract being a portion of a 12.12 Acre Tract (Volume 1465, Page 943,
Deed Records) and a portion of a 67.88 Acre Tract (Volume 1223, Page
731, Deed Records) in Section No. 15 of the H.T.&B. Railroad Company
Survey, Abstract No. 241, City of Pearland, Brazoria County, Texas.
FOR CONNECTION, begin at a point in Farm Market Highway No. 518 for the
Northeast corner of Section No. 15, H.T.&B. Railroad Company Survey, Abstract No.
241; said corner being the Northeast corner of said original John W. Abbott, Trustee
call 67.88 Acre -Tract (Volume 1223, Page 731, Deed Records); THENCE: South - 84.40
feet to a point for corner; THENCE; West - 31.41 feet along the South line of Farm
Market Road #518 to a point for the Northeast corner of said 63.956 Acre Tract; said
corner being the Northeast corner of and PLACE OF BEGINNING for this 13.802 Acre
Tract;
THENCE South 00° 03' 02" East - 468.0 feet along the West right-of-way line
of Harkey Road (County Road No. 103) to a point for the Southeast corner of this
13.802 Acre Tract;
THENCE North 89° 57' 02" West 1289.37 feet along the Southerly line of
the Seminole Pipeline Company 30 foot easement to a point for the Southwest corner
of this tract;
THENCE North - 464.70 feet along the centerline of a drainage ditch and
along the West line of said 63.956 Acre Tract to a point for the Northwest corner
of this tract;
THENCE North 89° 54' 10" East - 1288.96 feet along the Southerly right-of-
way line of Farm Market Highway No. 518 to the PLACE OF BEGINNING of and containing
13.802 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 9,1) day of ,
A. D., 1983.
ATTEST:
`''City Secretary
Mayor, City of Pearland, Texas
PASSED AND APPROVED ON SECOND AND FINAL READING this
97 dj , A. D. , 1983.
ATTEST:
Mayor, City of Pearland, Texas
day of
SPecember 10, 1982
•
EXHIBIT "A"
CITY OF PEARLAND
LAND USE CHANGE APPLICATION
ZONING CHANGE REQUESTED
( ) Change in Regulations in
Section
( x) Change in Zone Class
From: Pre -Development (PD)
To: Commercial (C)
BOARD OF ADJUSTMENT & APPEAL
( ) Variance Appeal
( ) Appeal from Interpretation
Special Exception Use
( )
For:
PROPERTY IDENTIFICATION
Street or Road Address:
Lot Block
Addition
SUBMITTAL INFORMATION
1. Must be professionally drawn
2. Minimum scale of 100' to.inch,
3. North Arrow
4. Site Map attached
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 Lane:
N/A
Unplatted Land: (Must have metes & bounds description)
13.802 Acres of Land being the Northerly portion of a 63.956 Acre Tract being a portion -of
a 12.12 Acre Tract and a portion of,a 67.88 Acre Tract in Section No. 15 of the H.T. & B.
Railroad Company Survey, A-241, more particularly described by field notes attached.
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION:
Commercial
RECORD OWNER:
John W. Abbott, Trustee
OWNER'S MAILING ADDRESS & PHONE NO.:
2020 Southwest Freeway, Suite 323
Houston, Texas 77098
NAME & ADDRESS OF MORTGAGEE, if any:
NONE
AGENT'S NAME:Kelly R. Kaluza & Associates, Inc.
PHONE NO.: (713) 491-1550
AGENT'S MAILING ADDRESS: 1605 Parkway Boulevard, Sugar Land, Texas 77478
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
inan`ce J? he�C�ity of Pearland.
1It SIGNATURE ti �1 �i L(s Z L; SIGNATURE
Owner, 0 AGENT
/' e1) DATE PAID: /02-/3-fay
FEE: $ -
206.00 ( J.4L e ..
DATE FILED: /a-/3-f'd-/
APPLICATION NO.W=.I_
NOTICE OF A PUBLIC_APPLICATION -Mktllc
• k
Public Notice
- NOTICE.OFAPUBLICHEARING
.` BY THE
_CITY COUNCIL OFT..;„:
THE CITY OF
PEARIAND yEXAs ‘•'
Nellie is -hereby given that on 1
141trday el February. 1983:'at7:
P.M.. the City Council of the, City of
Pearland;: Brazoria and Harris Cou
ties. Texas.: under Docketed':Publi
Hearings. will conduct a Public Head,
mg in the Council Room. City Hall;`
2335 Nalh Texas Avenue. Peadand::;
Texas_on the applications of Kelly R.:,
Aalutai 8 Associates. Int Agent tor,
John W. Abbott Trustee -Owner. for
an amendment to the land Use and.
Urban] Development Ordinance ot=-
sard -Qty: ,Iron classification Pre.ks
Development._ District. (POI to tbei3
classifications shown below. All of {
the. 1pdperty. desnibed is below
Iocated-.in the H.. T.: & B. Railroad.-
Comparrp Sorwry.,Abstract Na 24tj..
Cdy-ott;.Peartan& Brup
vex: a
THE JOURNAL
P.O. BOX 1448 FRIENDSWOOD, TEXAS 77546
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,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 rlry of Pearland a true copy of which
is hereto attached,was published in said newspaper in its issue
of 7AArh day of Janaury 1983
Sworn to #nd -subscribed before me this
day of as%v.(txy '%33
TT: OF T DEVELOPMENP TO?%aGENERAE
RESIDENCE:....-L-tYtitttOZ.51e4Tit
`60.154 acres at land being the.
Southerly pathos- ota`:63956 acre+
tract being a portion of'0212 acre.:
tract and a portion of a 67 88 ace-
] tract itn Section No l5 ofshe*
t H;T BB:; RR Co SwwyA241A -
\
14 APPLICATION N0. P19-B-- PRE--'
DEVELOPMENT TO COMMERCIAL- 4
13.802 acres al land being:xi
Northerly portion oh a B3:956'acie l
tract being-a-pwtmn of a 12.12 acre?
trace and a portion:oh i:67.88 acre
tract in Section No..15 ob= the
H.T.88. RR Co Survey; A241•
Al such time and place as above
stated, the City Council:Will hear all
' evidence concerning advisability of
amending said Ordinance_ and also
will hear all evidence ie protest to
the amendment of said Ordnance s.;
Dorothy L400k
QtYseaetary
0 3-
zioa oat__
Publisher
Notary\Pu
482-2222