Ord. 0246-013 01-12-76THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
The City Council of the City of Pearland, Texas, convened in
regular meeting, open to the public, on the 22nd day of December, 1975,
at the City Hall, and the roll was called of the duly constituted officers
and members of the City Council and the City Secretary of the City, to -wit:
Carlton McComb Mayor
Cecil W. Griffin Councilman and Mayor Pro Tem
Harry Farley Councilman
Gene E. Sanders Councilman
Tom Reid Councilman
Benny J. Frank Councilman
Dorothy L. Cook City Secretary
and all of said persons were present, except the following absentees:
thus constituting a quorum. Whereupon, among other business, the following
was transacted at said meeting: a written ordinance entitled:
ORDINANCE NO. 246-13
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.
(the "Ordinance") was duly introduced for the consideration of the City
Council and was read and considered by the City Council. It was then
duly moved and seconded that the Ordinance be passed; and, after due
discussion, the motion, carrying with it the passage of the Ordinance, on
first reading prevailed and carried by the following vote:
AYES:
NOES:
Councilman Farley, Councilman Sanders,Councilman
Griffin, Councilman Reid, Councilman Frank
None
The Mayor thereupon announced that the Ordinance had been duly and lawfully
passed on first reading. The Ordinance thus passed follows:
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
The City Council of the City of Pearland, Texas, convened in
regular meeting, open to the public, on the 22nd day of December, 1975,
at the City Hall, and the roll was called of the duly constituted officers
and members of the City Council and the City Secretary of the City, to -wit:
Carlton McComb Mayor
Cecil W. Griffin Councilman and Mayor Pro Tem
Harry Farley Councilman
Gene E. Sanders Councilman
Tom Reid Councilman ..
Benny J. Frank Councilman
Dorothy L. Cook City Secretary
and all of said persons were present, except the following absentees:
thus constituting a quorum. Whereupon, among other business, the following
was transacted as said meeting: a written ordinance entitled:
ORDINANCE NO. 246-13
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.
(the "Ordinance") was duly introduced for the consideration of the City.
Council and was read and considered by the City Council. It was then
duly moved and seconded that the Ordinance be passed; and, after due
discussion, the motion, carrying with it the passage of the Ordinance,
on first reading prevailed and carried by the following vote:
"AYES" : Councilman Farley, Councilman Sanders, Councilman Griffin and
Councilman Frank. (Councilman Reid -absent from Council Chambers at
"NOES" this time)
None
The Mayor thereupon announced that the Ordinance had been duly and lawfully
passed on second and final reading. The Ordinance thus passed follows:
ORDINANCE NO. 246-13
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, B. M. Jamision, as owner of the property, filed September
8, 1975, an application for amendment pursuant to Article IV Section 00-10
of the Land Use and Urban Development Ordinance of the City,for the 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 October, 1975, 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 pro-
visions of Article IV Section 10-2 (4) and (5) of Ordinance No. 246; and
WHEREAS, on the 27th day of October, 1975, the Planning and Zoning
Commission of the City of Pearland, submitted their report to the City Council
opposing the proposed amendment application of B. M. Jamison for the rezoning
V of tracts 28, 29, 30, & 43, George W. Jenkins Subdivision, Abstract '111
Brazoria County, Texas, from "PU" to "ME & C"; 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 November 17, 1975, at 7:30 P. M. by publication in the official news-
paper 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 B. M.
Jamison, by the City Council on November 17, 1975; and
WHEREAS, the City Council having fully heard the testimony and
arguments of all interested parties and being fully advised in the premises
finds that in the case of the application of B. M. Jamison, facts were
presented which, in the judgment of the City Council would justify the ap-
proval of said application, with exception of the Multi -Family portion of
said application which no action is hereby taken by the City Council on said
portion of the application in as much as the applicant had withdrawn his
request for the Multi -Family portion by letter dated December 16, 1975, which
is attached hereto as Exhibit C, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The following described property located within the corporate city
limits of the City of Pearland, Texas, record owner being B. M. Jamison,
presently classified as a Planned Unit Development District is hereby for all
purposes changed and re-classified as Commercial.
A parcel of land 250 feet deep and 1,400.97 feet wide across
the northeasterly portion of tract 28,29, and 30, George W.
Jenkins Subdivision, Perry and Austin Survey, Abstract 111 ,
Brazoria County, Texas as recorded in the plat records of
Brazoria County, Texas and being more particularly described
by metes and bounds as follows:
BEGINNING at the intersection of the Southeast line of
tract 28 with the Southwesterly right-of-way line of
Farm Market Road 518;
THENCE North 59°, 39 min., 30 sec. West 1,414.97 feet along
the Southwest right-of-way line of Farm Market Road 518 to
the point for corner;
THENCE South 45° West along the Northwesterly line of tract
30 a distance of 258 feet to a point for corner;
THENCE South 59°, 39 min., 30 sec. East parallel to the
Southwest right-of-way line of Farm Market Road 518 a distance
of 1,414.97 feet to a point for corner;
Said point also being in the Southeast right-of-way line
Of tract 28;
THENCE North 45° East along the Southeast line of tract 28
a distance of 258 feet to the POINT OF BEGINNING.
II.
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 day of
ATTEST:
City Secretary
day of
ATTEST:
,, A. D. 1975
ffij,"
Mayor, City of Pearland, Texas
PASSED AND APPROVED ON SECOND AND FINAL reading this
, A. D. 1976
City Secretar
Effective Date: / — /c2 — 7 ‘
APPROVED AS TO FORM
lot
Mayor, City of Pearland, Texas
City Attorney
APPLICATION %"OP. CHANGE 1N LAND USE
LICATION NO. 0
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: GEORGE ly
Dunc 44 nacne4) Herr StomOb
2. OWNER'S MAILING ADDRESS: `l. .,t cnvnTry (/vb Dr, tie
3. OWNER'S TELEPHONE NUMBER: 4 t.' a9 2D
4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED)
(DESCRIBE FROM DEED): Tl2Acr $ 7 it 3 0 6 '+3
of Tl,e Geor;e W. TPn kin r Sv bcbvisi0r� j T, F Perry
E.M. /Ausrtn Survey) At?srra.cr pi Ara-2nri4 aunty
Te)6a S.
5. PRESENT LAND USE DESIGNATION:
P. i1
6. PROPOSED LAND USE DESIGNATION: COfMFPCLAr- MULTI - FAMiL y
7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: FROM- 24577
Olt
FULLY)
01 w4)rcr-rra.cr -r0 6e de✓Pl&pord wirh icA»jopry
AteL... IAS f% lxJw tezrnon AID? F M, S74,
QAc t fins- nrni 61 Wiper ry 7D he de ve
Mutt --ram t iy onrrs wrrbb Two pet91 eakeLnyv Clv4has e
J Appro$t mcve eos rff , t rs'/As.r'
cwrd �zenn�s court F'a-ci/�nes>
8. APPLICABLE FEE: $
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"
61' /L/ / e---
v
CHECK LIST (FOR CITY USE ONLY)
1. DATE APPLICATION RECEIVED: 7- O fr
2. DATE OF PUBLICATION AND NOTIFICATION:
3. DATE OF PUBLIC HEARING BY PLANNING COMMISSION: fd - 7 "- 2S
4. DATE OF RECEIPT OF REPORT FROM PLANNING COMMISSION TO THE CITY
COUNCIL. /L9 -527- 7S
5. DATE OF PUBLICATION AND NOTIFICATION (CITY COUNCIL HEARING) %O -3, - 7S
6. DATE OF PUBLIC HEARING BY CITY COUNCIL: // - J % - 23.
. FINAL ACTION:
DATE APPROVED: ORDINANCENO.
DATE REJECTED:
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 publisher of Legals for 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:
October 30
,1975
, 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.
E. F. FRANKLIN
By:
SWORN TO AND SUBSCRIBED before me by the said
E. F. FRANKLIN
Legais for SUN PROGRESS
, on this the 30th
, publisher of
day of October , 19 75 , to certify which
witness my hand and seal of office.
S.
da, 59/. ShAdat,
y Public in and for BRAZORIA
Publish Oct. 30,. 1975:
NOTICE' -OF'• -+='. PUBLIC
:
HEARING BY THE.. CITY
COUNCIL. OF -THE CITY OF
PEAR LAND, TEXAS.
Notice is hereby given that on
the 17 day of November, 1975, 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 N.
Texas Avenue, Pearland, Texas,•
on the request of George E.
Young for owner, Bert Jamison,
for an amendment to the -Land
Use. and, Urban Development
Ordinance of said City, from
Classification PU.(Ptanned.
Unit) to C (Commercial) and
MF (Multi•Family on the
following described property to -
Wit:
Tract p2e, 29, 30 and 43 of the
George W. Jenkins Subdivision,
J. F. Perry and E. M. Austin
Survey, Abstract III, Brazoria
County, Texas.
At such time and .place as
-above stated, the City Council
-will hear all evidence .-con-
cerning the advisability of
amending said Ordinance, and
also will hear all evidence in
protest to the amendment of
-said Ordinance.
Dorothy L.
City Secretary.
Printer's Fee: $8.50
"Exhibit B"
FROM: George E. Young
TO: The Honorable Mayor and City Council
City of Pearland, Texas
DATE: December 16, 1975
Gentlemen:
It has been requested in application #19 filed with the
city of Pearland on September 4, 1975, that the Land Use
Ordinance #246 be ammended.to designate a portion of
the property described in said application for commer-
cial use and the remainder of the tract for multifam-
ily use. The request for rezoning of the multi -family
portion was made in an effort to provide us with several
options for the future development of the subject pro-
perty for what we consider to be its highest and best
use. In view of the anticipated delay and complications
caused by the request for multi -family zoning, and also
in consideration of the urgency with which we wish the
commercial portion to be approved, I hereby request that
the multi -family portion of application #19 be withdrawn
as of this date. I further urge that the request for
rezoning of the commercial portion be considered at the
next regular meeting of the Pearland City Council.
As of this date I would also like to withdraw in its
entirety application #17 which was also filed with the
city of Pearland on September 4, 1975.
Your cooperation is appreciated.
Sincerely,
Georg Y ung
/t4dam 904/44.Adailki
Bert M. Jamison