Ord. 0246-080 07-12-82ORDINANCE NO. 246-80
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
N0. 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, ROY C. POWERS, Owner of the property, filed January 21, 1982
(and amended on April 12, 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 land use all as provided for in Section 00-10, said prop-
erty being legally described in the original application for amendment attached
hereto (and amended on April 12, 1982), and made a part hereof for all purposes,
as Exhibit "A"; and
WHEREAS, on the 16th day of February, 1982, 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 18th day of February, 1982, the Planning and Zoning Com-
mission of the City submitted their report and recommendation to the City Council
regarding the proposed original application of ROY C. POWERS, Owner of the prop-
erty, whereby they approved a change of classification for the property described
in Exhibit "A" from its existing classification of R-2 (Medium Density Single
Family Dwelling District) to Commercial; and
WHEREAS, upon receipt of the report of the Planning and Zoning Commission
the City Council thereafter gave notice of a public hearing to be held on March 22,
1982, by publication in the official newspaper of the City, the affidavit of publi-
cation 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 original application of ROY C.
POWERS, Owner of the property, by the City Council at its regular meeting held on
March 22, 1982; and
WHEREAS, on April 12, 1982, an amended application was filed by ROY C.
POWERS, Owner, requesting that the East one-half of the 14 acre tract be rezoned
for General Business and the West one-half of the 14 acre tract be rezoned for
Commercial, and was considered by the City Council on April 12, 1982; 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 amended application (Exhibit "C") of ROY C. POWERS, Owner,
facts were presented which, in the judgment of the City would justify the approval
of said amended application, 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 ROY C. POWERS and
presently classified as R-2 (Medium Density Single Family Dwelling District) is
hereby for all purposes changed and reclassified as General Business:
FIELD NOTE DESCRIPTION OF A 7.270 ACRE TRACT OF LAND OUT OF
LOT 11 OF THE H. MASTERSON SUBDIVISION IN :SECTION 5, H.T.&B.
R.R. CO. SURVEY, ABSTRACT 237, BRAZORIA COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the northeast corner of the aforementioned Lot 11;
THENCE, South along the east line of said Lot 11 a distance of 600.00 feet
to a point for corner;
THENCE West a distance of 527.78 feet to a point for corner;
THENCE, North a distance of 600.00 feet to a point for corner in the north
line of said Lot 11;
THENCE, East along the north line of said Lot 11, a distance of 527.78 feet
to the PLACE OF BEGINNING and containing 7.270 acres of land, more or less
(8) The following describedproperty located within the corporate City
Limits of the City of Pearland, Texas, recorded owner being ROY C. POWERS and
presently classified as R-2 (Medium Density Single Family Dwelling District) is
hereby for all purposes changed and reclassified as Commercial:
FIELD NOTE DESCRIPTION OF A 7.270 ACRE TRACT OF LAND OUT OF
LOT 11 OF THE H. MASTERSON SUBDIVISION IN SECTION 5, H.T.&B.
R.R. CO. SURVEY, ABSTRACT 237, BRAZORIA COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the northwest corner of the aforementioned Lot 11;
THENCE, East along the north line of said Lot 11, a distance of 527.78
feet to a point for corner;
THENCE, South a distance of 600.00 feet to a point for corner;
THENCE, West a distance of 527.78 feet to a point for corner in the east
line of County Road 555 (Hatfield Road);
THENCE, North along the east line of County Road 555 (Hatfield Road) a
distance of 600.00 feet to the PLACE OF BEGNNING and containing 7.270 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 reclassification 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 , / day offi
A. D., 1982. ///
1
Mayor, City of 'earland, Texas
ATTEST:
i,T &r
ty Secretary//
PASSED AND APPROVED ON SECOND AND FINAL READING this / ,2 day of
, A. D., 1982.
ATTEST:
Asst. City Se etary
APPROVED AS TO FORM:
`City ,grney
Mayor, City of Pear and, Texas
-3-
CITY OF PEARLAND
LAND USE CHANGE APPLICATION
ZONING CHANGE REQUESTED
( ) Change in Regulations in
Section
(X)
From: R-2 (Residential)
To:
Change in Zone Class
Commercial
PROPERTY IDENTIFICATION
Street or Road Address:
BOARD OF ADJUSTMENT & APPEAL
Variance Appeal
Appeal from Interpretation
Special Exception Use
For:
County Road 555 (Hatfield)
Lot N/2 of 11, Ifia 237 , Addition
SUBMITTAL INFORMATION
1. Must be professionally drawn
2. Minimum scale of )00' to inch
3. North Arrow
4. Site Map attached
LEGAL DESCRIPTION
Describe from Deed Records, attach
tion:
Platted Land:
X
X
x
Section 5, HT & B RR Company Survey
5. Tract Dimension
6. Location, size,
of all existing
boundary lines
copy of Deed,
600' x 1055.56'
relationship
structures to
and use metes and
bounds descrip-
Unplatted Land: (Must have metes & bounds description) citrr 4//i9c4o/ F,E�ce
A/olts
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: DFF/C is ANdialkiw heals s
RECORD OWNER: Roy C. Powers
OWNER'S MAILING ADDRESS & PHONE NO.: 1824 South Gordon, Alvin, Texas
77511
Phone: 331-6166
AGENT'S NAME:
AGENT'S MAILING ADDRESS:
PETITION
PHONE NO.:
As Owney4Agent, I hereby petition the City for approval of the above
describe request as-9rovided by the laws of the State of Texas and
Ordinances f'th iCity of Pearland.
SIGNATURE /
SIGNATURE
/ Owner
0' FEE: $04, (
,DATE FILED: 2l4?1i
DATE PAID:
ff
APPLICATION Nn_
Agent
EXHIBIT "B"
c
HE JOURNAL03
�C P.O. BOX 448 FRIENDSWOOD, TEXAS 77546 482-2222
c,
PUBLISHER AFFIDAVIT
State of Texas
County of Harris
Personally appeared before me the undersigned, a notary
public within and for said county and state, Annie Alexander,
Editor 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 March, 1982
day of 3-4
•
Sworn to and subscribed before me this
day of March, 1982
•
27. Legal Notices
NOTICE OF A PUBLIC HEARING'
;BY THE CITY COUNCILOF THE'
"CITY OF PEARLANO, TEXAS `.
Notice is herebygiven that on the
22nd day of March, 1982, at 7:30
p.m., the -City Council of. the City of
Pearland, Brazoria and Harris Coun-
ties,.Texas, under Docketed Public
Hearings, will conduct a Public Hear-
ing in the Council Room,City Hall,
2335 North Texas Avenue, Pearland,
Texas, on the request of Ray C.
Powers, Owner, for an amendment to
the Land Use and Urban Develop-
ment Ordinance of said City, from
classification R-2 (Medium Density
Single Family Dwelling District) to
Commercial on the fallowing describ-
ed property to -wit
A.14.617 acre tract of land out of
Lot 11 of the H. Masterson Subdivi-
sion in Section 5; H.T. 8 B.R.R. Co.
Survey, Abstract 237, Brazoria Coun-
ty, Texas.
At 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 in protest to
:the amendment of said Ordinance.
DOROTHY L COOK
CITY SECRETARY..
l'I th
Notary Myi
c !/ 1 lilt
rr
MARY J. WAGNER nnuruw.:
Notary Public State of Texas
My commission Expires 3-8-7 7'
Bonded by Carey C. Shaw
Idswood Dr., Friendswood, TX 77546, 482-2927
EXHIBIT "C"
POWERS P OPC ITOC S
PROPERTY MANAGEMENT REAL ESTATE - SALES RENTALS
April 12r 19.82
The City of Pearland
The City Council.
2334 N. Texas Avenue
i'earland, Texas 77581
Gentlemen
1824 S. GORDON
ALVIN, TEXAS 77511
713-331-6188
Zn reference tow application for change in land use0 case #1051
Rog C. QowersF Tease consider rezoning the East h of said 14
acre tract for general business and the West 'i of said 14 acre
tract for commercial use,
Sincerely
Roy C- owers
O
STATE OF TEXAS
COUNTY OF BRAZORIA
Sworn to and subscribed before me the said Roy C. Powers
this the /3 day of
witness my hand and seal of office.
, A. D. 1982 to certify which
<- .." . a t tom—/
Notary Public 'm a dlfor Btazoria
County, State o'g Texas:
rJJ'''1';_