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Ord. 0246-077 01-11-82ORDINANCE NO. 246-77 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, HAUSMAN HOMES, INC., Owner of the property, filed November 12, 1981, 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 1st day of December, 1981, 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 Ordinance No. 246; and WHEREAS, on the 2nd day of December, 1981, the Planning and Zoning Commis- sion of the City submitted their report and recommendation to the City Council re- garding the proposed amendment application of HAUSMAN HOMES, INC., whereby they recommended and approved a change of classification for the properties described in Exhibit "A" from its existing classification of Plan Approval (Single Family Homes with a Density of Approximately 4.5 Homes per Acre) to Plan Approval (Single Family Attached and Detached Homes - No More Than Two Dwellings Per Building) as shown on Exhibit "B" attached; 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 December 28, 1981, 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 "C", 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 HAUSMAN HOMES, INC., Owner of the property, by the City Council at its regular meeting held on December 28, 1981; 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 HAUSMAN HOMES, INC., 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 HAUSMAN HOMES, INC., and presently classified as Plan Approval (Single Family Homes with a Density of Approx- imately 4.5 Homes per Acre) is hereby for all purposes changed and re-classified as Plan Approval (Single Family Attached'and Detached Homes No More Than Two Dwellings Per Building) See Exhibit "B" attached: Abstract 111, Tract 2 - 2A, 2B - 1A, 2C & 2D, Perry and Austin Survey, containing 26.1428 acres and being more particulary described by metes and bounds as follows: BEGINNING at a point being on the Southerly right-of-way of F.M. 518 at the Brazoria and Galveston County Line: THENCE along the common line between Brazoria County and Galveston County and the Westerly line of said Annalea, Whitehall Section "B" and Kingspark Section "B", South 10° 42' 12" West, a distance of 1916.14 feet to a point for corner; corner; corner; corner; corner; corner; corner; corner; THENCE North 79° 17' 48" West, a distance of 300.00 feet to a point for THENCE North 10° 42' 12" East, a distance of 125.44 feet to a point for THENCE North 85° 26' 58" West, a distance of 21.11 feet to a point for THENCE North 77° 13' 16" West, a distance of 63.99 feet'_to a point for THENCE North 71° 17' 48" West, a distance of 276.00 feet to a point for THENCE North 65° 29' 33" West, a distance of 132.08 feet to a point for THENCE North 57° 55' 26" West, a distance of 212.91 feet to a point for THENCE South 45° 00' 36" West, a distance of 20.00 feet to a point for corner; corner; corner; corner; corner; corner; THENCE North 44° 59' 28" West, a distance of 180.00 feet to a point for THENCE North 45° 00' 32" East, a distance of 1244.00 feet to a point for THENCE North 69° 47' 38" East, a distance of 110.00 feet to a point for THENCE South 61° 00' 00" East, a distance of 76.10 feet to a point for THENCE North 45° 00' 32" East, a distance of 374.53 feet to a point for THENCE North 10° 42' 12" East, parallel to the County Line, a distance of 212.21 feet to a point for corner on the Southerly right-of-way line of F.M. 518; THENCE South 59° 35' 28" East, along the Southerly right-of-way line of F.M. 518, a distance of 70.00 feet to the PLACE OF BEGINNING and containing within these calls (26.1428) acres or (1,138,780.00) square feet 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 /' day of A. D., 1982. Mayor, City of-Pearland, Texas ATTEST: ty Secretary PASSED AND APPROVED ON SECOND AND FINAL READING this day of , A. D., 1982. Mayor, City of Pearland, Texas ATTEST: City Secretary 'APPROVED AS TO FORM: City Attorney APPLICATION FOR CHANGE IN LAND USE tEXHIBIT "A" APP ATION NO. TO: THE HONORABLE MAYOR AND CITY COUNCILMEN CITY OF PEARLAND I HEREBY REQUEST AN AMENDMENT TO THE LAND USE ORDINANCE NO. 246 AS DESCRIBED BELOW: 1. OWNER'S NAME: HAUSMAN HOMES, INC. 2. OWNER'S MAILING ADDRESS 3. OWNER'S TELEPHONE NUMBER: 1328 SOUTH LOOP WEST HOUSTON, TEX. 77054 747-767o 4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED) (DESCRIBE FROM DEED) : 26.1428 ACRES OUT OF THE JAMES E. PERRY AND EMILY AUSTIN LEAGUE ABSTRACT 111, PEARLAND, BRAZORIA COUNTY, TEXAS ( SEE ATTACHED PLAT ) 5. PRESENT LAND USE DESIGNATION:. 6. PROPOSED LAND USE DESIGNATION: PA PA 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBE FULLY) SINGLE FAMILY ATTACHED AND DETACHED HOMES ( NO MORE THAN TWO DWELLINGS PER BUILDING ) AS SHOWN ON PLAT AND PLANS AS SUBMITTED. 8. APPLICABLE FEE: $ 200.00 9. SUBMITTAL INFORMATION: (MUST BE ATTACHED TO THIS APPLICATION) PLOT PLAN (A) MUST BE PROFESSIONALLY DRAWN. XX (B) MINIMUM SCALE OF 100 FEET TO INCH. XX (C) NORTH ARROW. XX (D) TRACT DIMENSION. XX (E) LOCATION, SIZE, RELATIONSHIP OF ALL EXISTING STRUCTURES TO BOUNDARY LINES. XX (F) NAME AND LOCATION OF ABUTTING STREET OR STREETS. XX DATE: 11/10/81 ENGINEER FOR OWNER: • EXHIBIT "B" Plan Approval (Single Family Attached & Detached Homes - No More Than two Dwellings Per Building) F`G -a LAHlUll ijTHE JOURNAL P.O. BOX 448 G� PUBLISHER AFFIDAVIT State of Texas County of Harris FRIENDSWOOD, TEXAS 77546 482-2222 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 bf Pearland a true copy of which is hereto attached, was published in said newspaper in its issue of December 1981 day of 12-10 Editor Sworn tQ and subscribed before me this day of \)t S L V3i Zi. legal Notices 110710E Of A PUBLIC HEARING `: BY THE CITY COUNCIL Of THE CfTT OFPEARtAND TEXAS . Notice a hereby given that on the 28th day of December, 1981. ar1:30 P.11. the City Council of -the City of Pearland. °ratorie and Harris Coun- ties, .Texas, under Docketed Public Hearings, will conduct a Public Hear- ing in the Council' Room, Lily Hall. 2335 .H. Texas Avenue, Pearland, Texas, on the request or Hausman Homes, Inc, Owner, foran amend- ment to toe land. Use and Urban Development Ordinance of said City, from classification Plan Approval (Single Family homeswitha density of approximately 4.5 homes per acre) to Plan Approval (Single family at- tached and detached homes — No npye .,than.:... two. dwellings -per- building) on the following described properly, to -wit: -Abstract 111.. Tract 2-2A, 2191A. IC & 2D. Perry and Austin Survey, con- taining 28.1428acres, .:,.'; .At such tone and place as above stated, the City. Council willhear all e11denct concerning advisability of amending said Ordinance and also will hear all evidence in protest to- theamendmentof said Ordinanct, ;'. Dorothy ECaat'I. Surxetaq- iswood Dr., Frienuswuuu, ") Tr Notar Fyi lic MARY LANE WEISS Notary public State of Texas Mby Commission Expires March 31, 1985 Bonded Y •L. Alexander Lovett, Lawyers Surety Corp. T