Loading...
Ord. 0246-042 05-08-78ORDINANCE NO. 246-42 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, A. A. Sage, Trustee, as owner of property, filed February 9, 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 7th day of March, 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 13th day of March, 1978, the Planning and Zoning Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of A. A. Sage, Trustee, whereby they recommended and approved a change of classification for the properties described in Exhibit "A", from their existing classification of Planned Unit to M-1 (Industrial -Performance Standard Group A); 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 April 17, 1978, 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 A. A. Sage, Trustee, by the City Council at its special meeting held on April 17, 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 A. A. Sage, Trustee, facts were presented which, in the judgment of the City would justify the approval of said application contingent upon receipt of an amendment to the application changing the property fronting on Walnut Street a depth of 271.16 feet to Commercial and the balance to remain M-1. Said amendment being attached hereto and made a part hereof for all purposes as Exhibit "C", 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 A. A. Sage, Trustee, and presently classified as Planned Unit is hereby for all purposes changed and re-classified as Commercial and M-1: PLANNED UNIT TO COMMERCIAL: Approximately 5.33 acres of Land, more or less, situated in Section 11, H.T. $ B.RR. Company Survey, Abstract 239, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the Northerly right-of-way line of Walnut Street at its intersection with the Westerly line of the G.C. 4 S.F. RR. Company right-of-way; THENCE, S. 13° 47' 00" East along the westerly right-of-way line of the G.C. $ S.F. RR. Company , a distance of 292.07 feet to a point for corner. Said point also being the Southwest corner of Lot 3, Block 1, Section I of Pearland Industrial Park; THENCE E. along the South line of Lots 3, 2, and 1, a distance of 837.17 feet to a point for corner. Said point being the Southwest corner of Lot 1, Block 1, Section I, Pearland Industrial Park; THENCE N. 2° 47' 00" East along the Westerly line of Lot 1 a distance of 280 feet to a point for corner. Said point being in the Southerly right-of-way line of Walnut Street; THENCE E. along the Southerly right-of-way line of Walnut Street a distance of 772 feet to the PLACE OF BEGINNING. PLANNED UNIT TO M-1: Approximately 15.98 acres of Land, more or less, situated in Section 11, H.T. $ B. RR. Company Survey, Abstract 239, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline of Pearland Sites Road a distance of 313.66 feet South of its intersection with Walnut Street; THENCE 89° 29' 30" East a distance of 1,240 feet to point for corner. Said point being in the Westerly right-of-way line of the G.C. 4 S.F. RR. Company; THENCE S. 13° 47' 00" East along the G.C. $ S.F. RR. Company right- of-way a distance of 520 feet to point for corner; THENCE W. 1,365 feet to point in the centerline of Pearland Sites Road to point for corner; THENCE N. 510 feet along the centerline of Pearland Sites Road to the PLACE OF BEGINNING. II. The City Secretary is hereby directed to cause to be prepared an amend - went 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. IIL. This Ordinance shall become effective after its passage and approval upon second and final reading. PASSED AND APPROVED ON FIRST READING this 4// day of A. D., 1978. ATTEST : ,(/ City Secretary ,r/ PASSED AND APPROVED ON SECOND AND FINAL READING this y day of , A. D., 1978. ATTEST':' d Mayor City Secretary %/ APPROVED AS TO FORM: City Attorney - 'PLICATION NO. E-3 TO: THE HONORABLE MAYOR AND CITY 000NCILMEN CITY OF PEARLAND I HEREBY REQUEST AN AMENDMENT TO THE LAND. USE ORDINANCE N0. 246 AS DESCRIBED BELOW: 1. OWNER'S NAME: A. A. Sage, Trustee, CBS DEVELOPMENT CBS DEVELOPMENT, P.O.BOX 719, PEARLAND, TEXAS 77581 2. OWNER'S MAILING ADDRESS: 3905 Pear St., Pearland, Texas 77581 3. OWNER'S TELEPHONE NUMBER: 485-8388 4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED) (DESCRIBE FROM DEED): Approximately 23.148 Acres See Attached Warranty Deed As shown on Preliminary Plat dated 5. PRESENT LAND USE DESIGNATION: January 30, 1978 By Red Line - M-1 & P. U. 6. PROPOSED LAND USE DESIGNATION: Change P. U. to M.1. 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION:Office & Warehouse (DESCRIBE FULLY) Type Buildings 8. APPLICABLE FEE: $ .2..18:80 Check Attached 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. (G) SITE EXHIBIT "A" Attached n None Shown It CBS DEVELOPMENT 3905 Pear St. Pearland, Texas By DATE: 2/9/78 OWNER C co un LEAF- CU THE JOURNAL P. O. BOX 81 FRIENDSWOOD, TEXAS 77546 G0 EXHIBIT "B" THE STATE OF TEXAS COUNTY OF BRAZORIA 482-2222 Before me, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared John M. 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: March 23 19 , 19 , 19 , 19 , 19 , 19 , 19 A copy of such notice is attached of this affidavit of publisher or other 78 hereto and expressly made a part duly authorized person. SWORN TO AND SUBSCRIBED before me by the said editor/publiher of The Journal, on this the John M. Moore 14th day of April 19 78, to certify which witness my hand and seal of office.' ae,-,,,„t..�t�w . 7% /� a i which shall be rfod6 on an R l-,TEMADEALCANTARILLADO SANG :> aa"" ""'"'�" Cyl'YCOURLAND TEE/.S a 3 ballots i. OFFICIAL the following g form; - TARIO DECI LAAL CIDE LOS O INTERES ER OP PeAiLLAN6, OPPICIAL BALLOT Y PRINCIPAL. DE LOS BONOS HA SER k n - '.'PROPOStiWN SEGURADO POR Y PAGABLE DE UN DE..Bence is hereby given .rtaahat on the ern.day Goof ApN 1978, at T:3PP.MpdaCiy Condf of- POR'-'= The ies-uanee.h.`-RECAO DE RETENCION SOBRE Y COM• the City of Pearl d.Bnnrta and Hartle Counties,. o. the will tended • Puhlle Hearing Ira I 1 - - the Devil Room, City Hall, 2.135me, Texas Avelino, and aequast of A.A. Sage, Trustee, il,SMtn, Revenge Sewer LA CLUDER DE EL NETO REDITOS DE :�t CBS Development, for an amendm arts th Land Use and Urban Development Ordinance of, ['AGAINST System Revenge Bonds LA-CIUDAD DE EL SISTEMA DE TRA- - said City, from des (.brio. Planed Una to M L (Light Industrial' on Me following Eieg ekes osieg a toting andine.ad BAJO DE AGUAS Y DE LA SISTEMA DE dnedbed properi7 to- c - 'r •'" . o:"" deswag to rote in faro, of th. Proposition ; : ALCANTARILLADOSANITARIO 'Approximately 23448 Acm. yet la d Im'aatedSeesh. II±'A.T & B RR. Cbmpgy shstl men the voting pointer to indicateSection 4. Magnmas de rm a n. 'i Sunq, Ab eon 239, Bnemie Cony T.w. in ...IVI ; POR" the ptopv.ilioo, end each elector needle pne del,*Menke 'me la tep lan At each time add pas ab r stated:the City- CCo.ndt will bear0 Id ter.m ( -using neon{ machine and desiring to rote t quo. hokumde pope' deann meads, par . ,d b I y of *mending aid ONmaeeo..eed des will bean di. evdeem., ErMakiaa. spume the the preposition' *ball move- the vatado. de anaemia. Las boktes femks amendments( d Ordintee. G *- y- -' , . ` A r. tt 9 rating pointer to. Wiens' '•AGAINST"- the y pees 1• a lecco a same prep a red en-' -. "'Ee s_•k± s- 't yLaCeek- iiraowtw.: Each :elaeton:vodng'.beenteseA, meanie con el Codtgo deg Election de Toys, �y�y April 18, 1978 TO: The Honorable Mayor & City Council of the City of Pearland, Texas We the undersigned hereby agree to amend our Application #53 which was submitted on February 9, 1978 for your consideration, for a change in land use of a portion of a certain 105 acre tract of land from a des- ignation of PU to Mi. Per your action and decision of the Public Hearing of last evening with your vote of 5 to 0 in favor of the following, that, lots 1, 2, & 3 as so marked on our preliminary plat which face and front on Walnut St. be Zoned for Commercial use and the balance of the land as so requested and marked on the preliminary plat be Zoned as M1. Lots 1, 2, & 3 more clearly described as follows: Lot ONE fronting 222.24 feet on Walnut Street with a depth of 271.16, Lot TWO fronting 222.24 on Walnut Street with a depth of 271.16 with a rear lot size of 252.24 & a]to'frdflting Sacramento Street with 199.03 & Lot THREE fronting 263 feet on Walnut Street and 199.03 feet on Sacramento Street. Please accept our letter as our understanding of your decision which we agree was a fair and equitable decision on our request as amended. CBS DEVELOPMENT 00. 3905 Pear Street P. 0. Box 719 Pearland, Texas 77581 485-8388 cc: A. A. Sage Sage Land Company 5650 Kirby Drive Houston, Texas 77005 Very truly yours, E. C. Carlson for CBS Development Co. and A. A. Sage Trustee EXHIBIT "C" ORDINANCE N0. 246-44 1978, an Land Use land use 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, John C. Dyess, et al, as owner of property, filed February 7, application for amendment pursuant to Article IV, Section 00-10 of the and Urban Development Ordinance of the City, for approval of a change in 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 purpos Exhibit "A"; and WHEREAS, on the 28t pursuant to the call of t of the City of Pearland, T IV, Section 10-2 (4) an day of February, 1978, a public hearing was held, ouncil, before the Planning and Zoning Commission 1 ilo acc..dance with the provisions of Article an o. 24. and WHEREAS, on the 13th day of March, Commission of the City, submitted their report 78, the Planning and Zoning and recommendation to the City Council regarding the proposed amendment application of John C. Dyess, et al, whereby they recommended and approved a change of classification for the prop- erties described in Exhibit "A", from their existing classification of Planned Unit to M-1 (Light Industrial); and WHEREAS, upon xeceipt of the report of the Planning and Zoning Commission, the City Council thereafter gave notice of a public hearing to be held on April 17, 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 John C. Dyess, et al, by the City Council at its special meeting held on April 17, 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 John C. Dyess, et al, 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 John C. Dyess, et al, and presently classified as Planned Unit is hereby for all purposes changed and re-classified as M-1 (Light Industrial: The East 4 of East 4 of Northwest a of Northwest ; of Section 12, H. T. $ B. R.R. Company, Survey, Abstract 508, Brazoria County, Texas, containing 10 acres more or less and being same tract conveyed to James M. Reese and wife, Emma, by deed recorded in Volume 1056, Page 284, Deed Records of Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGIN at a point in the North line of said Section 12, F. B. Drake Survey, Abstract 508, Brazoria County, Texas, from which point the Northwest corner of said Section 12 bears West a distance of 990.0 feet for the Northwest corner of the herein described 10 acres of land and also the place of beginning; THENCE East along and with the North line of said Section 12 a distance of 330.0 feet to a point for corner; THENCE South at a distance of 30.0 feet pass an iron rod in the South line of a graded road and continue on same course for a total distance of 1,320.0 feet to an iron rod for corner; THENCE West a distance of 330.0 feet to an iron rod for corner; THENCE North at a distance of 1,290.0 feet pass an iron rod in the South line of said graded road and continue on same course for a total distance of 1,320.0 feet to the PLACE OF BEGINNING. Said tract contains 10 acres 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. III. This Ordinance shall become effective after its passage and approval upon second and final reading. PASSED AND APPROVED ON FIRST READING this day of A. D., 1978. Mayor, City of Pearland, Texas ATTEST: City Secretary PASSED AND APPROVED ON SECOND AND FINAL READING this , A. D., 1978. ATTEST: City Secretary APPROVED AS TO FORM: day of Mayor, City of Pearland, Texas VOTING RECORD: ORDINANCE NO. /(o " % J FIRST READING': (Date) --�� AYE$; COUNCILMEN 4rw o S1Wan yhn ('p,.,,, ,� 11)Ontb NOES: SECOND RIN ?date City AAttEtitaYOUNCILMEN ARP dmiSi NOES - City Secretary MYf'L1LMI LUN YUK GFIANbt IN LMNU UJt AeICATION NO. .0: 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: John C. Dyess, Michael Allen Dyess, John Glynn Dyess 2. OWNER'S MAILING ADDRESS: 5126 Bosworth Street, Houston, Texas 77017 3. OWNER'S TELEPHONE NUMBER: 643-8172 4. LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED) (DESCRIBE FROM DEED): The East 1/2 of East 1/2 of Northwest 1/4 of North west 1/4 of Section 12,H.T.&B.R.R. Co., Survey, Abstract508, Brazoria Gouty, Texas, containing 10 acres nnre or less and being same tract conveyed to James M. Reese and wife, Emma by Deed Recorded in Volume 1056, Page 284, Deed Records of Brazoria County, Texas. 5. PRESENT LAND USE DESIGNATION: P.U. 6. PROPOSED LAND.USE DESIGNATION: M-I Light Commercial 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBE FULLY) Sale of new and used pipe and tubing - storage cleaning and brushing new and used pipe — mechanically Shop for maintenance and storage also office space. 8. APPLICABLE FEE: $ 70.00 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. CD) TRACT DIMENSION. (E) LOCATION, SIZE, RELATIONSHIP OF ALL EXISTING STRUCTURES TO BOUNDARY LINES NAME AND LOCATION OF ABUTTING STREET OR STREETS. SITE (F) As Plot 4?)27 ? AfG, iA.,- 4,9 r THE JOURNAL 4 P.O. BOX 81 FRIEIUDSWOOD, TEXAS 77546 482-2222 EXHIBIT "B" THE STATE OF TEXAS COUNTY OF BIiAZORIA Before me, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared John M. 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: March 23 , 19 78 , 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. John M. Moore SWORN TO AND SUBSCRIBED before me by the said editor/publisher of The Journal, on this the 14th day of April 19 78, to certify which witness my hand and seal of office.