Ord. 0246-057 08-13-79ORDINANCE NO. 246-57
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 CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
WHEREAS, Frank A. Tousinau, Trustee, as owner of property, filed May 3,
1979, 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 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 5th day of June, 1979, a public hearing was held,
pursuant to the call of the City Council, 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 18th day of June, 1979, the Planning and Zoning Commission,
of the City, submitted their report and recommendation to the City Council regarding
the proposed amendment application of Frank A. Tousinau, Trustee, whereby they
recommended and approved a change of classification for the property described in
Exhibit "A", from its existing classification of Planned Unit 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 July 9,
1979, 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 Frank A.
Tousinau, Trustee, by the City Council at its regular meeting held on July 9, 1979;
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 application of Frank A. Tousinau, Trustee, 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 Frank A. Tousinau, Trustee,
and presently classified as Planned Unit is hereby for all purposes changed and
re-classified as Commercial:
A 25.5062 Acre Tract of land out of Tract #1 of two tracts recorded
in Volume #1437, Page #605 of the Brazoria County Deed Records,
and out of Tracts #73 and #78 of the Zychlinski's Subdivisionof
the R.B. Lyle Survey, Abstract #542, in the City of Pearland,
Brazoria County, Texas, being more fully described by metes and
bounds as follows:
BEGINNING at a 1" iron rod found for the Southwest corner of this
tract marking the Northwest corner of South Park Cemetery Tract
located at the intersection of the occupied North line of Tract #69
of said Zychlinski's Subdivision, a plat thereof recorded in Volume
29, Page 43 of the Brazoria County Map or Plat Records, and the
Easterly right of way line of Main Street (Texas State Highway #35)
(100 feet wide);
THENCE N. 0° 06' 15" E. along the Easterly right of way line of
Main Street (100 feet wide) passing a 5/8" iron rod set at 631.44
feet, a total distance of 907.98 feet to a 5/8" iron rod set for
corner of this tract, from which a 5/8" iron rod set for the South
right of way line of Knapp Road (80 feet wide) bears N. 0° 06' 15"
E., a distance of 300.00 feet;
THENCE S. 89° 54' 45" E., parallel to the South line of Knapp Road,
a distance of 400.21 feet to a 5/8" iron rod set for an interior
corner of this tract;
THENCE N. 0° 01' 30" E, a distance of 300.00 feet to a 5/8" iron
rod set for corner in the New Southerly right of way line of Knapp
Road (80 feet wide), said corner being located 60 feet South of the
original Northerly line of said Tract #78 in the center of old Knapp
Road (40 feet wide) and 399.80 feet Easterly of the East right of
way line of Main Street;
THENCE S. 89° 54' 45" E., along the new Southerly right of way line
of Knapp Road as described in Volume 1378, Page 800 of the Brazoria
County Deed Records, a distance of 572.53 feet to a 5/8" iron rod set
for corner in the Westerly line of a 5 acre tract described in Volume
1351, Page 10 of the Brazoria County Deed Records;
THENCE S. 0° 01' 30" W. along the Westerly line of said 5 acre
tract, a distance of 575.06 feet to a 3/4" iron pipe found for
Corner;
THENCE East along the South line of said 5 acre tract, a distance of
337.93 feet to a point for corner in centerline of County drainage
ditch;
THENCE S. 38° 16' 00" W. along centerline of said County drainage
ditch, a distance of 804.84 feet to a point for corner in the
occupied North line of said Lot #69;
THENCE West, along the occupied North line of said Tract #69 a distance
of 814.12 feet to the PLACE OF BEGINNING AND containing 25.5062 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
upon second and final reading.
PASSED AND APPROVED ON FIRST READING this 023 day of
, A. D., 1979.
ATTEST:
ity Secretary
Mayor, City of Pearland, Texas
PASSED AND APPROVED ON SECOND AND FINAL READING this day of
(212,021— , A. D., 1979.
ATTEST:
deAd4 k.
O City Secretary
APPROVED AS TO FORM:
City,KJ>Corney
Mayor, City of Pearland, Texas
VOTING RECORD: ORDINANCE NO 246-37
FIRST READING: (Date) July 23, 1979
AYES: COUNCILMEN Councilwoman Coppinger
CQunciiannL lack, Councilman Frauenherger.
h?ur4.
silman McComb, and Councilman Wilson.
FigJa, ga:MG: (Date) August 13, 1979.
Councilwoman
AYES: COUNCILMEN Copping-r, Counritmm, Mark
Crnincilnargoi, Counci loran McComb, and
NOES -
None Councilman Wilson
Loretta K. Bonin
As st City Secretary
CITY OF PEARLAND
LAND USE CHANGE APPLICATION
ZONING CHANGE REQUESTED BOARD OF ADJUSTMENT & APPEAL
( ) Change in Regulations in
Section
QQ Change in Zone Class
From: Planned Unit Development
To: Commercial
PROPERTY IDENTIFICATION
Street or Road Address:
Lot
, Block
EXHIBIT "A"
( ) Variance Appeal
( ) Appeal from Interpretation
( ) Special Exception Use
For:
Acreage on the East side of North Main St. at Knapp Rd. to the South.
, Addition
SUBMITTAL INFORMATION
1. Must be professionally drawn
2. Minimum scale of 100' to inch
3. North Arrow
4. Site map attached
LEGAL DESCRIPTION
5.' Tract Dimension ✓
6. Location, size,
relationship of all
existing structures to
boundary lines
Describe from Deed Records, attach copy of Deed, and use metes and
bounds description:
Platted Land:
Unplatted Land: (Must have metes & bounds description)
See attached survey and attached metes and bounds legal description of the subject
25.5062 acre tract of land.
There are no existing structures on subject properly, or on the adjoining property.
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION:
Commercial development - Storage warehouse with offices.
RECORD OWNER: Frank A. Tousinau, Trustee.
OWNER' S MAILING ADDRESS & PHONE NO.: 3215 Broadway - Suite 09
, Houston, Texas 77017
Ph. 0645-1120
AGENT'S NAME:
AGENT'S MAILING ADDRESS:
PHONE NO.:
PETITION As Owner/Agent, I hereby petition the City for approval of
the above described request as provided by the laws of the
of xac -ad Ordinances of the City of Pearland.
SIGNATU
SIGNATURE
Agent
FEE:
DATE FILED: Str 7 ?7 APPLICATION NO.
7
P.O. BOX 81 FRIENDSWOOD, TEXAS 77546 482-2222
E JOUR AL
EXHIBIT "B"
THE STATE OF TEXAS
COUNTY OF Brazoria
Before me, the undersigned authority, a Notary Public in and
said State and County, on this day personally appeared
Marie Moore
for
being known to me, and being by me
first duly sworn, upon his oath deposes and says that he is the editor/
publisher of The Journal, a newspaper of general circulation published
in Brazoria County, Texas; and that a copy of the attached notice
was published in said newspaper on the following dates:
June 21 , 1979
, 19
, 19
, 19
, 19
, 19
19
A copy of such notice is attached hereto and expressly made a part
of this affidavit of publisher or other duly authorized person.
By
SWORN TO AND SUBSCRIBED before me by the said
editor/publisher of The Journal, on this the
29th
Marie Moore
day of
19 79 , to ce tify which witness my hand and seal of office.
My co
xpirej 4-10-80
June
RE: Public Hearing
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dent
PEMARID
TELEPHONE (713) 485-2411
POST OFFICE BOX 1157
PEARLAND.TEXAS 77581
August 21, 1979
Frank A. Tousinau, Trustee
3215 Broadway - Suite #9
Houston, Texas 77017
Re: Request for change in land use Application No. 69
on the following described property:
A 25.5062 Acre Tract of land out of 'Tract. #1of two tracts
recorded in Volume #1437, Page #605 of the Brazoria County
Deed Records, and out of Tracts #73.and #78 of the Zychlinski's
Subdivision of the R.B. Lyle Survey, Abstract #,542,.iii the
City of Peariand, Brazoria County, Texas.
•
•
Dear Sir:
This is to advise you that your request for change in land use from
PU to C on the property described above :by.. Application No. 69
has been approved/RXXxp(BUR by the City Council on August 13,.1979.
This letter is for your information.
Very truly yours,