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Ord. 0246-036 01-23-78ORDINANCE'N0: 246- 36 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, Roy C. Powers, as owner of property, filed October 14, 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 15th day of November, 1977, 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 28th day of November, 1977, the Planning and Zoning Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of Roy C, Powers, whereby they recommended and approved a change of classification'for'the properties described in Exhibit "A", from their existing classification of'Planned Unit to Medium Density Single Family (R-2); 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 December 27, 1977 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 provision of Article IV, Section 10-2 (6) of Ordinance No, 246; and WHEREAS, a public hearing was held on the application of Roy C. Powers, by the City Council at its regular meeting held on December 27, 1977; 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 Roy C. Powers, 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 Roy C. Powers and presently classified as Planned Unit is hereby for.all purposes changed and re-classified as Medium Density Single Family - R-2. 14.421 acres of land out of Tract 11 of the Subdivision of Section 5, H.T. $ B. RR. Company Survey, A-237, in Brazoria County, Texas, according to the map and plat of said sub- division as the same appears of record in Volume 28, Page 6 of the Deed Records of Brazoria County, Texas. 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 upon second and final reading. PASSED AND APPROVED ON FIRST READING this 7 .day of A. D., 1978. 4/4", 577.€ Mayor, City of Pearland, Texas PASSED AND APPROVED ON SECOND AND FINAL READING this , S day of ATTEST: ity Secretary APPROVED AS TO FORM: , A. D., 1978. Mayor, City of Pearland, Texas City Attorney 'A']P`'PLICATION FOR CHANGE IN LAND USE R .'LOCATION 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: 2. OWNER'S MAILING ADDRESS: 3. OWNER'S TELEPHONE NUMBER: toy 6, gLLi & IDS Etrr .licit 1 sz/ 4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED) (DESCRIBE FROM DEED) : SE P. DiDerQ 5. PRESENT LAND USE DESIGNATION: 6. PROPOSED LAND USE DESIGNATION: 1 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBE FULLY) 8. APPLICABLE FEE: .9% 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. C � f`9 6.1/2 EXHIBIT "A" OWM 1 1.7 teee711-2-C Public'Notice #1161- Published Dec. 8, 1977' • NOTICE OF A PUBLIC HEARING BY THE CITY COUNCIL. OF THE. CITY. OF PEARLANO,."TEXAS." Notice is hereby, given' that:. on the 27th day of December,: 1977, at 7:30 p.m., the City Council of the City of pearland, Brazoria :.. and Harris Counties, Texa's;:.wil conduct. a Public.; Hearing irk the Council Room, City Hall, 2335 N. Texas -Avenue, .on-:.. the -request of-- Roy Powers, Rt. 1, Box 9Alvin,' Texas; for an amendment to - the `Land'•- Use' and; Urban -- Development Development' :Ordinance of - said City; from -classification Planned -Unit'` to- Medium.. Density Single -Famity(R-2}' . on the following described -: property to wit:-N ':- 14.421 acres Of -Lot orTract 11-, of -:the:; Subdivision -of Section :_5,_HT&a,..RR Co_(v Survey„ Abstract ..237 • Brazoria4I County;"Texas, according -to -the-map- and. plat of said subdlvieon as they same; appears. of, ,record .in Volume;:28, Page,Brof.ahe Deed ,,Records ; etc; Brazoria:. County, Texas.,_ ' :.; ,,, �,,,. }� • At such time and place, as:. above'. stated,, the Pearland-;� City ;Council will.: hear all evidence =.-x: concerning,, advisability ofamending said Ordinance, and- .also will'. hear all evidence in protest to the amendment - of said;-. Ordinance.' /s/ Dorothy L. Cooky.;. City.Secretary , on this the , 19 77 , publisher of 8th , to certify which AFFIDAVIT OF PUBLICATION 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 Bruce H. Morisse , being known to me, and being by me first duly sworn, upon his oath deposes and says: that he is the editor -publisher of Lea Is for The Sun a newspaper of general circulation published in Brazoria County, Texas: that a copy of the attached notice was published in the English language in said newspaper on the following dates: Aace_Inher 8 , 19 .77_ 19 19 19 19 , 19 A copy of such notice being attached her o and expressly made a part of this affidavit of publisher other duly horized person. By: SWORN TO AND SUBSCRIBED before me by the said Bruce H. Morisse Le>raIs for the Sun day of December witness my hand and seal of office. Notary Public in and for Brazoria