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Ord. 0246-020 08-09-76ORDINANCE NO. 246-20 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, Bernice E. Wallace, as owner of property, filed April 29, 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 1st day of June, 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 14th day of June 1976, the Planning and Zoning Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of Bernice E. Wallace, whereby they recommended and approved a change of classification for the properties described in Exhibit "A", from their existing classification of General Business and Planned Unit to M-1 (Light Industrial), 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 July 12, 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; and WHEREAS, a public hearing was held on the application of Bernice E. Wallace, by the City Council at its regular meeting held on July 12, 1976; 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 Bernice E. Wallace 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, record owner being Bernice E. Wallace, and presently classified as General Business and Planned Unit is hereby for all purposes changed and re-classified as M-1, Light Industrial: That certain five acres, more or less, out of and off the North line of a certain 35.123 acres of land out of the W. Zychlinski Subdivision of Section Two of the H.T. & B.R.R. Survey, Abstract No. 542 and Section Three of the H.T.& B.R.R. Survey, Abstract No. 232 in Brazoria County, Texas, said 35.123 acre tract being described by metes and bounds in a certain deed from S. A. Morales and wife, Lena Costa Morales, to and in favor of Barry Construction Co. in Volume 490, Page 505. Lt. 64A-1 542 H.T. & B. and Lts. 65- A-70-A 232 H.T. & B. 1I. 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 '2 day of A. D., 1976. ATTEST: A Mayor, City of Pearland, Texas City Secretary ;i PASSED AND APPROVED ON SECOND AND FINAL READING this / ATTEST: , A. D., 1976. 7 eda Pro Tem Mayor, City of Pearland, Texas City Secretary,, Y day of APPROVED AS TO FORM: l City ney APPLICATION FOR CHANUL IN Lr-uiu UJc r LIGATION i;O_ 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: BERNICE E. WALLACE 2. OWNER'S MAILING ADDRESS: 8015 Arrowhead, Houston, Texas 77075 3. OWNER'S TELEPHONE NUMBER: 991-0646 Home Office: 649-2741 4. LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED) (DESCRIBE FROM DEED): That certain five acres, more or less, out of and off the North line of a certain 35.123 acres of land out of the W. Zychlinski Subdv. of Sec. Two (2) of the H.T.& B. RR Survey, Abstract No. 542 ..nd eedtio,, T§win (3) of the 9 T.& B RR Survey, Pbatraet- 232 in Brazoria County, Texas, said 35.123 acre tract being described by metes and bounds in a certain deed from S.A. Morales and wife, Lena Costa l + of .._.. tti R_ron_ruoC, Vo •nn Page .05. Lt. 64A-1 542 H. T. & B. and Lts. 65-A-70-A 232 H.T.&B. 5. PRESENT LAND USE DESIGNATION: GB & PU 6. PROPOSED LAND USE DESIGNATION: M-1 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBE FULLY) Fabricating Shop 8. APPLICABLE FEE: $ 60.00 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. EXHIBIT "A" DATE: April 29, 1976 OWNER 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 E. F. FRANKLIN , being known to me, and being by me first duly sworn, upon his oath deposes and says: that he is the It -iliac -publisher of Legals 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 - June 2# 19 .7.6 , 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. By: E. F. FRANKLIN SWORN TO AND SUBSCRIBED before me by the said E. F. FRANKLIN , publisher of Legals for the SUN PROGRESS, on this the 24th day of June , 19 76 , to certify which witness my hand and seal of office. L. S. Notary Pyrulic in and for BRAZORIA .,.. C"m;;s,.. 1 L pits 10-6.77 Published June 2a NOTtCS. -OR - A--PVBLI HEARING_ 8Y. THE. CITY COUNCIL OR THE CITY OR PEARLAND, TEXAS. - Notice -is hereby given ihah on the l2th day of July.1976. at 9:30 p.m., the City Council of the City to Peatland. Brazoria and Harris -Corities,--T will conduct a Public Hear( under Docketed Public Hearingsof theregular council agenda in the Council - Room, City Hall. 2335 N. Texas Avenue, Pearland, Texas, on the request of Bernice E. Wallace. 0015 Arrowhead. Houston, Texas.. for an amendment to the Land USd and Urban. Development Ordinance of said City. from classification GB & PU (General Business and Planned Unit) to A41 (Light Industrial) on the following - described property to.wit: That certain five acres.. more or less, out of and oft the North Line of a certain 35.123 acres of land out of the W. Zychlinski Subdivision of Section Two (2) of the H. T. & B. Rail Road Survey, Abstract No. 542 and Section Three (3) of the H. T. & B. Rail Road Survey, Abstract- 232 in Brazoria County, Texas, sal. 35.123 - acre- tract being described by ` metes and bounds in a certain dead from S. A. Morales -and wile, Lana Costa Morales, to and in favor of Barry Construction: Co. in Volume 490, Page 505 . Lt. 6414- 1 542 H. T. a,B. and Lts,6S.A- 70-A 232 it T. & B. }: At such time and piece as above stated, the City Council will hear all evidence con. anidadvisability=e amending said OrtlinMane, and also will hear all evidence inj protest to: the amendment said Ordinance. Is/Dorothy L. Cook. -City seereterr<' Printer's Fee: $13.60 EXHIBIT "B"