Loading...
Ord. 0246-024 11-08-76ORDINANCE NO. 246-24 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, Berry Miller, Sr., et al, as owner of property, filed July 21, 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 17th day of August, 1976, 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 13th day of September, 1976, the Planning and Zoning Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of Berry Miller, Sr., et al, whereby they recommended and approved a change of classification for the properties described in Exhibit "A", from their existing classification of M-1 (Industrial Performance Standard Group A) to M-2 (Industrial Performance Standard Group B), 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 October 11, 1976 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; arid WHEREAS, a public hearing was held on the application of Berry Miller, Sr., et al, by the City Council at its regular meeting held on October 11, 1976; 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 Berry Miller, Sr., et al, 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 Berry Miller, Sr., et al, and presently classified as M-1 (Industrial Performance Standard Group A) is hereby for all purposes changed and re-classified as M-2 (Industrial Performance Standard Group B): A 30.283 acre tract of land out of Section 11, H.T. & B.R.R. Convey, Abstract 239, 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. III. This Ordinance shall become effective after its passage and approval upon second and final reading. PASSED AND APPROVED ON FIRST READING this g dz day of a/,2_., A. D., 1976. v Mayor, City of Pearland, Texas ATTEST: City Secretary PASSED AND APPROVED ON SECOND AND FINAL READING this ATTEST: APPROVED AS TO FORM: , A. D., 1976. Mayor, City of Pearland, Texas CITY ATTORNEY day of AGENDA DOCKETED PUBLIC HEARING NO. I DATE: October 11, 1976 PURPOSE OF THE HEARING: REQUEST FOR CHANGE IN LAND USE BY BERRY MILLER, SR.,.ETAL, FOR TRACT 15A, ABSTRACT 239, CONTAINING 19.888.ACRES FROM M-1 TO M-2. I. QUESTIONS FROM THE CITY COUNCIL IL PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST III. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST IV. QUESTION AND ANSWER PERIOD V. ADJOURN APPLICATION FOR4CHANGE IN LAND USE . THE HONORABLE MAYOR AND CITY COUNCILMEN CITY OF PEARLAND I HEREBY REQUEST AN AMENDMENT TO THE LAND USE ORDINANCE DESCRIBED BELOW: NO. 246 AS OWNER'S NAME: Berry Miller, Sr., Mrs. Kathleen Oblinger, Mrs. Rebecca E. Nickerson 2. OWNER'S MAILING ADDRESS: 2506 S. Washington Avenue, Pearland, Texas 3. OWNER'S TELEPHONE NUMBER: 485-1529 4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEEDY (DESCRIBE FROM DEED): TRACT NO._15A, ABSTRACT,239 CONTAINING 19.888 ACRES 5. PRESENT LAND USE DESIGNATION: M-1 6. PROPOSED LAND USE DESIGNATION: M-2 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBE FULLY) nffire. chap and equipment ctorageXard_:, Primary use at this time Future use - asphalt plant, concrete plant and construction material storage and handling facility. 8. APPLICABLE FEE: 200.00 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. (D) TRACT DIMENSION. (E) LOCATION, SIZE, RELATIONSHIP OF ALL EXISTING STRUCTURES TO BOUNDARY LINES (F) NAME AND LOCATION OF ABUTTING STREET OR STREETS. c%) Site /14P EXHIBIT "A" DATE: 7— 2 / - 74 V 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 Ha7P1 Hancock , being known to me, and being by me first duly sworn, upon his oath deposesand says: that he is the editor -publisher of Legais for the Sun Progress 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: September .23 , 19 .76 , 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. Hazel Hancock 11, N�.,,� r91 By: SWORN TO AND SUBSCRIBED before me by the'said Hazel Hancock , publisher of Le gals for the Sun Progress • on this the 23rd day of September witness my hand and seal of office. L. S. , 19 76 , to certify which Notary bile in and for Brazoria MARY R. PIOTEREK MY Commission Expirs 10441 mwwwwwswiwwwwtnfwsfwwiwww Published September23, 1976 NOTICE OF A PUBLIC NEARING BY ` THE CITY COUNCIL OF-TNE-CITY OF PBARLAND, TEXAS. 7;. ' . Noticeif hereby given that on the Iltty day of October, 1976, at 7:30 p.m., . the City Councilof the+r City of Feedstuff Brazoria and Harris Counties, Texas, wilt conduct a Public Hearing Watt Council -->' Room, City Hall, 2335 N. Texas Ave., on the request of Berry ;Miller, Sr., et aI, 2506 S. -' Washington Avenue,.. Pearland,: Texas, for an amendment to the Land Use and- Urban' -Development Ordinance of said City, from classification. M•L. (Light In.. dustrian do-- M•2 (Industrial- -- Performance Standard: Group 13)-011 the followingdescribed property towlt: - - A 30.283 acre tract of land out of Section- 11, H. T. & B. R.." R. Co. Survey,- Abstract 239, '-- Brazorla-County, Texas. _ - At_such -time . and- place as 5 above:Stated,-the City Councih^ will hear ail evidence- con'; cern ng'' advisability of _'i amending -said. Ordinance, and', also wilt, hear ant-evidencein' protest to thr amendment oF' said Ordihancti� Printer's Fee: ... ......... EXHIBIT "B"