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Ord. 0246-039 03-13-78ORDINANCE NO 246-39 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, Gene E. Sanders, as owner of property, filed December 16, 1977, 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 17th day of January, 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 23rd day of January, 1978, the Planning and Zoning Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of Gene E. Sanders whereby they recommended that the application be accepted subject to the applicant amending his application to show a land use change of classification for the properties described in Exhibit "A", from their existing classification of Planned Unit to M-1 (Light Industrial); 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 February 13, 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 Gene E. Sanders by the City Council at its regular meeting held on February 13, 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 Gene E. Sanders 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 Gene E. Sanders and presently classified as Planned Unit is hereby for all purposes changed and re-classified as M-1 (Light Industrial): Being 3 acres of land, more or less, out of the East . of Lot or Tract #47, of the Subdivision of Section 4, H.T. & B. RR. Company Survey, Abstract 543, in Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the Northeast corner of said Lot or Tract No. 47: THENCE in a Southerly direction along the East boundary line of said Lot or Tract No. 47 a distance of 318.5 feet to a 12 inch iron pipe for corner; THENCE in a Westerly direction along a line parallel with the Northmost boundary line of said Lot or Tract No. 47 a distance of 315.3 feet to a point for place of beginning: THENCE in a Westerly direction along a line parallel with the Northmost boundary line of said Lot or Tract No. 47 a distance of 679.4 feet to a point for corner; THENCE in a Southerly direction along a line parallel with the Eastmost boundary line of said Lot or Tract No. 47 a distance of 192.34 feet to a point for corner; THENCE in an Easterly direction along a line parallel with the Southmost boundary line of said Lot or Tract No. 47 a.distance of 679.4 feet to a point for corner; THENCE in a Northerly direction along aline parallel with the Eastmost boundary line of said Lot or Tract No. 47 a distance of 192.34 feet to the PLACE OF BEGINNING. Being 7.5 acres of land, more or less, out of the East 1 of Lot or Tract #47, of the Subdivision of Section 4, H.T. $ B. RR. Company Survey, Abstract 543, in Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the Northeast corner of said Lot or Tract No. 47; THENCE Westwardly along the Northernmost boundary line of said Lot or Tract No. 47 a distance of 994.7 feet to a point for corner; THENCE in a Southerly direction along a line parallel with the East boundary line of said Lot or Tract No. 47 a distance of 318.5 feet to a point for corner; THENCE in an Easterly direction along a line parallel with the Northmost boundary line of Lot or Tract No. 47 a distance of 994.7 feet to a point in the East boundary line of said Lot or Tract No. 47 for corner; THENCE in a Northerly direction along the Eastmost boundary line of said Lot No. 47 a distance of 318.5 feet to the PLACE OF BEGINNING. 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 o 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 upon second and final reading. PASSED AND APPROVED ON FIRST READING this , A. D., 1978. ATTEST: City Secretar ATTEST: 27 day of Mayor, City of Pearland, Texas PASSED AND APPROVED ON SECOND AND FINAL READING this 45 day , A. D., 1978. v Mayor, City ; c , �h City Secretary APPROVED AS TO FORM: /44 City Attolfie; Pearlan•, Texa • 1LLCATLON FOR CHANGt.IN Lei Uat RLICATION NO. 48 Amended 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: I. OWNER'S NAME: Gene E. Sanders et ux. 2. OWNER'S MAILING ADDRESS 1706 Mykawa Rd., Pearland, TX 77581 3. OWNER'S TELEPHONE NUMBER: 485-1317, 928-3451 4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED) (DESCRIBE FROM DEED): TRACT 1 - 3 Westerly acres from 4.543 acres portion of East 1/2 of Lot or Tract iI 47, Section 4, HT&B RR Survey, Abstract Il 543. TRACT 2 - 7.5 Acres out of East 1/2 of Lot or Tract li 47, Section 4, HT&B RR Survey, Abstract # 543. TOTAL - 10.5 Acres 5. PRESENT LAND USE DESIGNATION: 6. PROPOSED LAND USE DESIGNATION: 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBE FULLY) Subject to any use permitted in M1 Land Use District. Currently being considered are the following: Auto Car Wash, Storage Warehouse, Welding Shop and Pipe Storage Yard. P. U.- 8. APPLICABLEFEE: $ 71.00 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. CD) TRACT DIMENSION. (E) LOCATION, SIZE, RELATIONSHIP OF ALL EXISTING STRUCTURES TO BOUNDARY LINES (F) NAME AND LOCATION OF ABUTTING STREET OR STREETS. (G) SITE PLAN EXHIBIT "A" DATE: t�/7 �J /0 JB THEJOUR N Legal Notices :- i NOTICE OFAP[TBLIC HEARING BY THE CITY /... OFPEARLAND,TEXAS Notice is hereby given that on the 13th day of February,; P.O. BOX 81 FRIENDSWOOD, TEXAS 77546 . 197s, at 7i3o-PM,�the City-;` ¢.Council of theCity�of Peaz= land:�; Brazoria_ and.' Harris:-; Counties„Texas,,vill conduct =. :a,EujHg .0 blieearinnder,, • Docketed-Publie Hearings of -. 4 the regular agenda �fl m the ACouncit > Room ' City Halt h: .2335 N Texas'Avenue on ! the^requesoffGeae Ew4- Sanders for an amendment to y the=Land. Use and: Urban '; s Development Ordinance-+ of it Before me, the undersigned authority, a Notary Public ▪ said Cityfrom:dassifcaaom ,PI (Planneernit) Ytii. 14-W3 said State and Count on this dayStan i tGio`ialWf PeA) On nthe y, personally appeared Standard Group rA} 'ba ,the.; f John M. Moore following described property ;', , being known to me, and b -to-wit... - 3 Westerly acres from 4 543 ritfirst duly sworn, upon his oath deposes and says that he iszwfl��p�°i y47 EamoVI n 4f ,t WiHT&B RR Survei A 543 7 5 publisher of The Journal, a newspaper of' general circulationyberes.outof East W of Lot or,, in Brazoria if Tract--#47, Section;4, HT&B ;' County, Texas; and that a copy of the a RR sar7 ' 543:Total 105 a'^ EXHIBIT "B" THE STATE OF TEXAS COUNTY OF BRAZORIA was published in said newspaper on the following dates: At such ttme and place as „�above`stated, the Cary Coun Jar-max-7 26 19 78 cil.willhear all -evidence con cerning advisability of , 19amending? said` Ordinance, r;.. , 19 �><!and' lso wile :hear all evi =: , 19_ ! deuce=in protest to the; 19 amendment of.isatd Or =, manse :c , 19 A copy of such notice is attached hereto and expressly made a part of this affidavit of publisher or other duly authorized person. KO)Idw< By SWORN TO AND SUBSCRIBED before me by the said John M. Moore editor/publisher of The Journal, on this the 10th day of 19 ? , to certify which witness my hand and seal of office. February