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Ord. 0246-083 01-24-83ORDINANCE NO. 246-83 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, RON SLANK, Agent for RON-CARTER CHEVROLET, INC., Owner of the property, filed November 8, 1982, 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 7th day of December, 1982, a public hearing was held be- fore 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 9th day of December, 1982, the Planning and Zoning Com- mission of the City submitted their report and recommendation to the City Council regarding the proposed amendment application of RON SLANK, Agent for RON-CARTER CHEVROLET, INC., 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 District; 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 December 27, 1982, 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 of RON SLANK, Agent for RON-CARTER CHEVROLET, INC., Owner of the property, by the City Council at its regular meeting held on December 27, 1982; 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 RON SLANK, Agent for RON-CARTER CHEVROLET, INC., 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 RON-CARTER CHEVROLET, INC., and presently classified as Pre -Development District is hereby for all purposes changed and re-classified as Commercial District. A 9.468 acre tract of land out of Lot 53 of the Allison Richey Gulf Coast Home Company Subdivision of Section 6, H.T.&B.R.R. Company Survey, (also known as the R.B. Lyle Survey), Abstract 544, Brazoria County, Texas, according to the map or plat there- of recorded in Volume 136, Page 315 of the Deed Records of Brazoria County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod in the north line of the aforementioned Lot 53, which bears East a distance of 50.00 feet from the northwest corner of said Lot 53; THENCE East along the north line of said Lot 53, at a distance of 965.00 feet pass a 3/4 inch iron rod in the west line of County Road 555 (Hatfield Road), continuing in all a total distance of 986.70 feet to a point for corner in the center- line of County Road 555; THENCE South along the centerline of County Road 555, a distance of 422.20 feet to a point for corner in F.M. 518; THENCE N 89° 30' 29" W a distance of 986.74 feet to a point for corner; THENCE North at a distance of 21.28 feet pass a 1/2 inch iron rod in the north right of way line of F.M. 518, continuing in all a total distance of 413.73 feet to the PLACE OF BEGINNING and containing 9.468 acres of land, more or less. 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. III. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED AND APPROVED ON FIRST READING this to day o A. D., 1983. ATTEST: Mayor, City of Pearland, Texas PASSED AND APPROVED. ON SECOND AND FINAL READING thist� day of 2.2frt- Lem A. D., 1983. ATTEST: i_ ity ecretary APPROVED AS TO ORM: 0), Mayor, City of Pearland, Texas ZONING CHANGE REQUESTED ( ) Change in Regulations Section ( x) Change in Zone Class From: P.D. To: C. EXHIBIT "A" CITY OF'PEARLAND LAND USE CHANGE APPLICATION BOARD OF ADJUSTMENT & APPEAL in ( ) Variance Appeal ( ) Appeal from Interpretation ( ) Special Exception Use For: PROPERTY IDENTIFICATION Street or Road Address: Lot 53 , Block SUBMITTAL INFORMATION 1. Must be professionally drawn 2. Minimum scale of 100' to .inch 3. North Arrow 4. Site Map attached 6219 W. Broadway, Pearland, Texas Addition LEGAL DESCRIPTION X 5. Tract Dimension 6. Location, size, of all existing Boundary lines Describe from Deed Records, attach copy of Deed, Platted Lane: Lot 53 of the R.B. Lyle Survey #6, Save and Except the West 50' x 392. 9.468 relationship structures to X and use metes and bounds description: Abstract 544, Brazoria County, Texas, 8' of lot 53. Unplatted Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: Automobile Dealership including Sales (new and used Cars and Trucks), Service, Parts and Body Shop. RECORD OWNER: Ron -Carter Chevrolet, Inc. OWNER'S MAILING ADDRESS & PHONE NO.: 2403 S. Main Pearland, Texas 77581 NAME & ADDRESS OF MORTGAGEE, if any: Beulah Mae Blair Room 1014, C & I Building, 1006 Main St., Houston, Texas 77002 AGENT'S NAME: Ron Slank PHONE NO.: 484-0101 AGENT'S MAILING ADDRESS: 2403 S. Main Pearland, Texas 77581 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 Ordinances of the City of Pearland. SIGNATURE_ �Sif'. .4't' Owner SIGNATURE AGENT FEE: 5 69.00 DATE PAID: November 3, 1982 � �ZIPP14 `".) DATE FILED: Jl— I5TA ( S,�) APPLICATION NO. EXHIBIT "B" THE JOURNAL P.O. BOX 1448 FRIENDSWOOD, TEXAS 77546 482-2727 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 Peartand a true copy of which is hereto attached,was published in said newspaper n its issue of llth day of December 19162 Sworn to and subscribed before me this day of �,4 s•tkr. VA.Arl • Public Notice NOTICE OF A COUNCIL OF' '1 NOTICE OFA PUBLIC NEARING BY THE CITY COUNCIL OF '-.' THE CITY OF PEARIAND, TEXAS Notice is hereby given that on the:: 1 27th day of December; 1982-, at 7:3G P.M., the CityCouncil of the City of: (Ron Cat Pearland, Brazoria and Harris Conn--i ties, Texas, under Docketed Publicg Hearings, will conduct a Public Hear -j ing in the Council. Room, City Hall, 1 2335 N. Texas Avenue;- Pearland, -. Texas, on the request of Ron Stank. Agent for Ron -Carter Chevrolet, Inc., ' Owner, for an amendment to the Land Use and Urban Development Ordinance of said City, from classification"...: Pre•Development Distnct (PI)to- Commercial District (C) on the following described pro- iII. perty to -wit ... t A 9.468 acre tract of land out of Lot' 53 of the Allison Richey Gulf Coast Home Company Subdivision of Sec' Lion 6, H.T.-& B.R.R. Company - Survey, (also known as the R.B. Lyle Survey), Abstract 5441, Brazoria County, Texasa }, —. At such time and as above stateds the City !.Council ; will _ hear all:: evidence aoncemingadvisability' o said also will hear alt vitencrei,'protest ba- the amendmentof.said Ordinmicez -" (111E CITY D TEXAS Publisher 3rA