Ord. 0246-049 07-10-78ORDINANCE NO. 246-49
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 PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, Aly C. Dulaney and Terry L. Newell; as owners of property, filed
March 30, 1978, 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 2nd day of May, 1978, 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 8th day of May, 1978, the Planning and Zoning Commission
of the City, submitted their report and recommendation to the City Council regarding
the proposed amendment application of Aly C. Dulaney and Terry L. Newell, 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 June 12,
1978 by publication in the official newspaper of the City, the affidavit of pub-
lication 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 Aly C. Dulaney
and Terry L. Newell, by the City Council at its regular meeting held on June 12,
1978; 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 Aly C. Dulaney and Terry L. Newell 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 owners being Aly C. Dulaney and Terry L.
Newell and presently classified as Planned Unit is hereby for all purposes changed
and re-classified as Commercial:
ONE ACRE tract of land out of Lot 30, located in the W. Zychlinski's
Subdivision out of the H.T.$ B.RR. Co., Section 4,Survey Abstract
543, Brazoria County, Texas, and being more particularly described
by metes and bounds as follows:
Mayor, City of Pearland, Texas
COMMENCING at an iron pipe set in the North line of Lot 30,
Abstract 543, Brazoria County, Texas, same point being located
West along the North Line of Lot 30 at a distance of 668.61
feet from the center line of Mykawa Road, same being the North-
west corner of a ten acre tract described in Volume 766, Page 268,
Deed Records of Brazoria County, Texas, and the PLACE OF BEGINNING;
THENCE South at 30 feet passing an iron pipe, to control boundary
line, in all 320.3 feet to an iron pipe for corner, same being
the Southeast corner of the herein described tract;
THENCE West 136 feet to an iron rod for corner, being the South-
west corner of the herein described tract;
THENCE North 290.3 feet passing an iron pipe, to control boundary
line, in all 320.3 feet to point for corner located in center
line of Shank Road;
THENCE East along center line of Shank Road 136 feet to PLACE OF
BEGINNING and containing one acre of land.
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 c//
A. D., 1978.
ATTEST
City Secretary
PASSED AND APPROVED ON SECOND AND FINAL READING this
City Secretary
APPROVED AS TO FORM:
, A. D., 1978.
nn-
Mayor, City of Pearland, Texas
City Attorney
day of
APPLICATION FOR CHANGE IN LAND USE
Arrc_.I CAT ION NO. 5
17
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:
Ar,y c, oivak9 4 Terri L. Ntewer.i
2. OWNER'S MAILING ADDRESS: Ibt,(f R.z.Avtln(itics Ti a L. [4 ce:564 17c$c
3. OWNER'S TELEPHONE NUMBER: %f3- g44.0-44i44
4. LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED)
(DESCRIBE FROM DEED): Opp it[ fP e... _i- ttct 64 Land sir' 0
.i t41‘sk_ WT4 6. k?)..AD , Se Llitn 4-, Saw f1 hilRae543,
Be e7brzia . lecas
5. PRESENT LAND USE DESIGNATION: 1) L{
6. PROPOSED LAND USE DESIGNATION: Co me re l d
7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION:
(DESCRIBE FULLY)
il., Si-nete tat will be buil* erid 06 Carr 'e.G
s�eQ i oU $ lhrve., P4003Q.s r \c-ar a6 caue,tizt.
I ei (Jo 41 h #ei ced Lei 1-L to w- e Q n e Vu...e o _ ct. vt4
L4 t.o tL toe, root, ;dea al- ►t.i I
CC � -
8. APPLICABLE FEE: $ :JAo% iLc�&
9. SUBMITTAL INFORMATION: (MUST BE ATTACHED TO THIS APPLICATION)
PLOT PLAN
(A) MUST BE PROFESSIONALLY DRAWN.
(B) MINIMUM SCALE OF 100 FEET TO INCH..
(C) NORTH ARROW.
(D) TRACT DIMENSION.
(E) LOCATION, SIZE, RELATIONSHIP OF ALL
EXISTING STRUCTURES TO BOUNDARY LINES
(F) NAME AND LOCATION OF ABUTTING STREET
OR STREETS.
0// Sire Plan/
EXHIBIT "A"
tl
,&,0,(09ja
DATE: 3i3017 8
OWNER*
G LEAF
co
s
THE JOURNAL
Ct P.O. BOX 81 FRIENDSWOOD, TEXAS 77546 482-2222
G
EXHIBIT 11Bti
THE STATE OF TEXAS
COUNTY OF Brazoria
Before me, the undersigned authority, a Notary Public in and for
said State and County, on this day personally appeared
Marie Moore , 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 1 , 19 78
• 19
• 19
• 19
, 19
, 19
• 19
A copy of such notice is attached hereto and expressly made a nart
of this affidavit of publisher or other duly authorized person.
By St—
SWORN TO AND SUBSCRIBED before me by the said
editor/publisher of The Journal, on this the
2nd
Marie Moore
day of Jug
1978 , to certify which witness my hand and seal of office.
My commission expires 4-10-80
zei
NOTICE OF A PUBLIC BEAMING BY THE
: CITY COUNCIL OF THE CITY OP :
' - PEABLAND:TEXAS
totice is hereby given that on the-12th
day of June, 1978,-at7:30 PM, the City
n'Coondl of the City' of Pentland Brazoria
mind Harris Counties. Tessa, will conduct a
Public Hearing: under Docketed Public
Hearings of the regular round agenda in
the Council Room. City J1211. 233SN Texas
Avenue, on the rem:aft of A.C. Dulaney
•' and T.L. Newell form .mendment to the {:r".
-=.Land- Use and -Urbam.Deyelopmeet 0rdb
tr nonce of s.ie Cli%rfront classification.;:-
▪ Planned Unit, to -Commercial on the .fol
lowing described property to -wit:
-One acre tram of land out of Lot 30V --.
;j:`t loaned in the W. Zrcbinsbie Subdivision
' :nut of the B.T. & B. RR. :Co., Section 4.
:'. Serve7 Abstract 543 Brneri. County.
Te..s. ....._.-..H4-.
At such time snit m above stated.
SS the City Council will bear.0 evidenceCOO" •,Sa
us
�reing..dvbsbilIty$e6jamend eg `out& Yt
Ordinance .ad alscrwill hear all e M is
protest tothe"smwdmest=@fla d Or d
18718 Peicland �.
Sites Road
489 0255
Backhoe- Dozer -
Trencher
24-hour emergency;
service
482-1289
A special tax -qualified
retirement plan for the
self-employed.
REPAIRING "'
Residential & Commercial
:,Small Joha Welcome
Calt Anytime
482.4616ihusiness].
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Rcasonabl:t