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Ord. 0246-032 07-11-77ORDINANCE N0. 246-32 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE N0. 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, Frank D. Barringer, as owner of property, filed April 21, 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 May, 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 19th day of May, 1977, the Planning and Zoning Commission of the City, submitted their reportand recommendation to the City Council regard- ing the proposed amendment application of Frank D. Barringer whereby they recom- mended and approved a change of classification for the properties described in Exhibit "A", from their existing., classification of PU (Planned Unit) to GB (General Business), 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 13, 1977 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 Frank D. Barringer, by the City Council at its regular meeting held on June 13, 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 Frank D. Barringer 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 Frank D. Barringer and presently classified as PU (Planned Unit) is hereby for all purposes changed and re-classified as GB (General Business): 2.13675 acres of land in Brazoria County, Texas being part of Lot 10, Section 5 of the H.T. F, B. RR. Company Survey, Abstract 237 the plat of which is recorded in Deed Book 28, Page 6 of the Brazoria County Deed Records. IL 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 A. D., 1977. Mayor, City of Pearland, Texas J Secretary PASSED AND APPROVED ON SECOND AND FINAL READING this // day of , A. D., 1977. ATTEST: R-44 JILT ital.; fiD„ Assistant V City Secretary APPROVED AS TO FORM: 41- 1/4 e t p 2 Mayor, City of Pearland, Texas City Attorney L-� APPLICATION FORCHANGEIN LAND USE APPD� (CATION NO. J'r TO: THE HONORABLE/MAYOR AND CITY COUNCILMEN CITY OF PEARtAND - I HEREBY REQUEST AN AMENDMENT TO THE LAND USE ORDINANCE NO. 246 AS DESCRIBED BELOW: 1. OWNER'S NAME: Fnanfz D. Bwuringvfc 2. OWNER'S MAILING ADDRESS: P.O. Box 297, PeaAtand, Texa6 77581 3. OWNER'S TELEPHONE NUMBER: 485-3221 LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED) (DESCRIBE FROM DEED): 2.13675 acres of land in Brazoria County, Texas being part of Lot 10, Section 5 of the H.T. & B. RR. Company Survey Abstract 237 the plat of which is recorded in Deed Book 28, Page 6 of the Brazoria County fepd Pernrac i .I '- PRESENT LAND USE DESIGNATION: P U PROPOSED LAND USE DESIGNATION: G.B. • PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: StripShopping Cejvtn. (DESCRIBE FULLY) of the ne4.ghbonhood 4QXcvi,ce natwce with the pae4.ib.2e excepfii.on at an auto pante i Atone. APPLICABLE FEE: $ SUBMITTAL INFORMATION: (MUST BE ATTACHED TO THIS APPLICATION) PLOT PLAN (A) MUSTBEPROFESSIONALLY 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. AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS COUNTY OF Rrageiri7a : ) BEFORE ME, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared Brace 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 legais for the Sun Prngr.Ea , 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: Mayr..24 , 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. SWORN TO AND SUBSCRIBED before me by the said Bruce H. Morlsse , publisher of legals for the Sun Progress day of May witness,my hand and seal of office. , on this the 26th , 19 TT , to certify which Qtl�1 Public in and for Or36 JULIA UNDOES Printer's Fee: .,•70 • pUiuc.NOTI Publluwd. ay 24...1; �F. NOTICE `OP A :PUB HEARING - BY. THE.$.CITY' COUNCIL OP THE CITY OP-. :PEARLANO,TEXAS n, +:Notice 1s hereby given that o the 13m day. of Juno, 1977.; at_. 2:30cp.m., the City. Council or the: Cityot;Pearland,, Brazorla;. oath Harris Counties,,.' Texas, will�conduct:a PublicHearing_. .Iipdur•, ADocketedPubsit, Hearings `ot"' the„Regular? _Outwit .Agenda in: the. Councils •Room City Hal 2335- N.Texas enue, on the request of Fran Barringer;. P: o.: x:, n° and, dTexasi for-'-anrt amendment "to the miss ing, ,Urba&.Development::'Or ; dlnance-'of. saitl.'City...„:from�` cfasstftcationa PU-?tplanned: .Unitj to GB;(General• Susiness)s, on thsxiollowingw described=: property wit:. , >. 4.1367E nacres. praioria• County TexasCgeihy part, of. Lot-t,::Sectlon:Y`of the,. :H.T.L,B.>RR. CompanySurvy+, Abstract 237 the plat of which is• recorded in Deed. Batik25'Pagr, rot the. Brazoris County; Deed: •.Records ;,_-� A vex I/2:r7 Z.AI such time and place above stated, the Cltys Council hill hear all- wwence-, con cal'ning.,'%fladY sib lily, 'C amend lag: said° Ordinance,,= and aiso ietllihear`.all evidence l protest'to ;man pniendm ,. said ration EXHIBIT "B"