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Ord. 0246-029 02-28-77ORDINANCE NO. 246-29 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, TED JOSLYN, JR., AGENT, as owner of property, filed December 9, 1976, 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 4th day of January, 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 loth day of January, 1977, the Planning and Zoning Commission .of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of Ted Joslyn, Jr., Agent, 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 Commercial, 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 February 7, 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 provisions of Article IV, Section 10-2 (6) of Ordinance No. 246; and WHEREAS, a public hearing was held on the application of Ted Joslyn, Jr., Agent, by the City Council at its special meeting held on February 7, 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 Ted Joslyn, Jr-., Agent, facts were pre- sented 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 Ted Joslyn, Jr., Agent, and presently classified as Planned Unit is hereby for all purposes changed and re-classified as Commercial: 6.854 acres of land out of a portion of Lot Two (2), 0. W. Willets Subdivision, W. D. C. Hall Survey, Abstract 70, in Brazoria County, Texas. IL. The City Secretary is hereby directed to cause to be prepared an amend- ment to the official Land Use bistrict 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 /y/ day of , A. D., 1977. cy R n A Mayor,- Pro Tem ATTEST: City Secretary/ PASSED AND APPROVED ON SECOND AND FINAL READING this (42,12 day of ,1,,� X ,. ATTEST; vet-- .--,�• , A. D., 1977. Mayor City Secretary i APPROVED AS TO FORM: City Attorney APPLICATION FOR CHANGE IN LAND USE PLICATION NO. 3544 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: Ted joslvn 2. OWNER'S MAILING ADDRESS: P. 0. Box 444 Bellaire, Texas 77401 3. OWNER'S TELEPHONE NUMBER: 485-9544 4. LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED) (DESCRIBE FROM DEED): See attachment.. 6.854 acres of land out of a portion of Lot Two (2), O. W. WILLETS SUBDIVISION, W. D. C. Hall Survey, Abstract 70, in Brazoria County, Texas. 5. PRESENT LAND USE DESIGNATION: PU 6. PROPOSED LAND USE DESIGNATION: COMMERCIAL... 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: Retail outlet (DESCRIBE FULLY) for the.purpose of selling plants, fertilizers. pesticides, and all related accessory products..and the raising and development of plant stock. 8. APPLICABLE. FEE: $ ,73�s (4z, J5) 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. St'i-c Plav\ EXHIBIT "A" nATC• i_2 -77— 7/_ 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 gl Cindy Ti.ncher , being known to me, and being by me first duly sworn, upon his oath deposes and says: that he is the editor -publisher of r.r s 13 for S'tn Progress a newspaper of general circulation published in 'Branr1a County, Texas: that a copy of the attached notice was published in the English language in said newspaper on the following dates: January---13-h,, 19 7� 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. Cindy T1nchnr By: Lr/I v,fi her SWORN TO AND SUBSCRIBED before me by the said Ts,p-a7 s for the ,Sun Progress , on this the lath day of January witness my hand and seal of office. , publisher of , 19 77 , to certify which Notary Public in and for Rra 7nr i a /g/�A/ - ,E7- 7/.f Printer's Fee:----�.-�� EXHIBIT "B" PUBLIC NOTICE Published January 13, 1977 NOTICE OF A PUBLIC HEARING. BY` THE CITY COUNCIL -OF THE CITY OF PEARLAND, TEXAS. -• Notice Is hereby given that on the 7th day of February, 1977, at 7:30 P.M.,. the City Council of the City of Pearland, Brazoria and Harris Counties, Texas, will conduct a Public Hearing In the Council Room, City Hall, 2335 North Texas Avenue, on the request of Red Joslyn, Jr., agent for R.M. Stanley, Trustee, Post Office Box 444, Bellaire, Texas 77401 foran amendment to the Land Use and Urban Development Ordinance of said City, from classification-.., PU (planned Unit) to Com- mercial on the following described property to -wit: 6.854 acres o1 land out of a portion of Lot Two (2), O. W. Willets Subdivision, W.O.C. Halt Survey, Abstract 70, in Brazoria County, Texas. At such time and place as above stated, the City Council , will hear evidence concerning. advisability of amending said ordinance, and also will hear all evidence in protest to the amendment of said ordinance. i Dorothy L. Cook City Secretary Sy9p o 3� S ---==gin'' Q0 0 5 8 e r`� 2 4 �sn•k miO -Pc'a Sj O• (�j '•N rye e��S;: