Ord. 0246-034 09-26-77ORDINANCE NO. 246-34
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 March 4, 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 7th day of June, 1977, a public hearing was held,
pursuant to the call of the City Council, before the Planning and Zoning Commis-
sion 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 June, 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 denial on a change of classification for the properties
described in Exhibit "A" from their existing classification of PU (Planned Unit)
to C (Commercial) on 12.92 acres and GR (General Residence) on 14.56 acres; and
WHEREAS, upon receipt of the report of the Planning and Zoning Commis-
sion, the City Council thereafter gave notice of a public hearing to be held on
August 22, 1977, at 7:30 P.M. 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 Roy C. Powers
by the City Council at its regular meeting on August 22, 1977; and
WHEREAS, the applicant, Roy C. Powers, requested to withdraw his
request for changing zoning of PU (Planned Unit) to GR (General Residence) on
14.56 acres, but maintain request to change the 12.92 acres to C (Commercial),
by letter dated August 23, 1977. The copy of which is attached hereto as
Exhibit "C"; 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 amended application
for a change from PU to Commercial on 12.92 acres, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
L
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 PU (Planned Unit) is hereby for all purposes -changed
and re-classified as C (Commercial):
12.92 acres of lot or tract 11 of the Subdivision of Section
5, H.T. $ B. RR. Company Survey, Abstract 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.
IL
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 .h day of
C/7—,5il4,
ATTEST:
City Secretary
A. D., 1977.
Mayor, City of Pearland, Texas
PASSED AND APPROVED ON SECOND AND FINAL READING this
ad
ATTEST:
, A. D., 1977.
AG
Mayor, City of Pearland; Texas
Gk=7c
City Secretary
APPROVED AS TO FORM:
City Attorney
day of
Mr r L.1.6M11 VI
-_'LIGATION NO.
TO: THE HONORABLE MAYOR AND CITY COUNCILMEN
CITY OF PEARLAND
I HEREBY REQUEST AN AMENDMENT TO THE LAND USE ORDINANCE NO. 246 A5
DESCRIBED BELOW:
1. OWNER'S NAME; Roy. C. _Pourers,
2. OWNER'S MAILING ADDRESS: Rt 1 Box 9 Alvin TX 77511
3. OWNER'S TELEPHONE NUMBER:331-6166 331-6167
4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED)
(DESCRIBE FROM DEED):
. PRESENT LAND USE DESIGNATION:
PROPOSED LAND USE DESIGNATION:
'PIT
.Commercial 12.92 acres
General Residence 14.56 acres
7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION:
(DESCRIBE FULLY)
Commercial - Garage and otter permitted under Comrerria1 flasaifiration
General Residence - Patio Homes and Duplexes
8. APPLICABLE FEE:
iodTo0
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)
(F)
QATE: Narrh
LOCATION, SIZE, RELATIONSHIP OF ALL
EXISTING STRUCTURES TO BOUNDARY LINES
NAME AND LOCATION OF ABUTTING STREET
OR STREETS.
Sr-e7/7/✓
1977
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF 'ftra?ireJa
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 _legal a for the RIM Pr•nerna
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:
August;-4 19 77--
, 19
19
19
, 19
19
A copy of such notice being attached hereto and expressly made a
part of this affidavit of publisher or other duly authorized person.
.//✓,� oslam
i see
By: � .race H. Moslam
SWORN TO AND SUBSCRIBED before me by the said
Bruce H. Morisse
legais for the Sun Progress
day of Angiint
witness my hand and seal of office.
, on this the
loth
publisher of
19 77 , to certify which
Notary blic in and for Brag
MA LINDGREN
t
forwanr:;.!tsx1w
PubheNi
$1050 •
Published August 6.•1
NOTICE': OF A:. -PUBLIC..
HEARINGS By- THE CITY'
COUNCIL OF THE: CITY OF
:.: EARLAND. TEXAS.: 1d.44.
• Notice.is hereby given-tha
on the 22nd day of August 1977;7';
at 7:30 p.m.:the City Council 01-
:-- the City of: Pearland, Brazoria
ant Harris Counties, Texas:*
wilt:conduct a public hearl
' under ek=Docketed;Pubti
h Hearings of the regularcouncn ='
�:" meetin a-inme.Councilre • •. '
City„ Ha11:. 2335't N.-, Texas- * :
-Avenue.on jhe;sequest at Ro
C. Powers foran amendment
:to the• Land --Use: and•TUrbank•
DevelopmentkOrdinance,of
said -City, from ,classificaltiolr.
PU '.(Plannet:Unit1-7 tor-•.C:
(Commercial/ on-12.92 acres::
and GR (General: Residence)'"
on 14.56 acres on the following.-
described property to -wit.
All of. Lot or Tract ll'of the+
Subdivision of Section-5, HT&B
R R Company Survey, Abstr
237, In Brazerla County; Texas,
accordingto the map andplat.
of said subdivision as the same
appears .of record in. -Volume
28, Page 6 of the Deed Records
of brawls County,.. Texas.
At such _time and place as.
abovestated, the Planning and -;
Zoning: Commisslon.wills hear
`'..all evidence.4concerning.-_ade
visabilityof: amending said..
Ordinance,-and-eiso will hear
all; evidence- in protests to>the-
amendment of saidOrdinance
/s/DorethwC3 GOO
City Secretary -_
Printer's Fee: $9'60
Exhibit "B"