Ord. 0246-006 07-08-74ORDINANCE NO. 246-6
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 TO THE LAND USE DISTRICT MAP,
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, Associated. Equipment Company, Inc., a corporation, acting
through its President, Gerald L. Koza, owner of the property, filed April 4, 1974,
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 May, 1974, 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) of Ordinance No. 246; and
WHEREAS, on the 24th day of May, 1974, the Planning and Zoning
Commission of the City submitted their report and recommendation to the City
Council regarding the proposed amendment application of Associated Equipment
Company, Inc., whereby they recommended that the Applicant be contacted to
amend the request for amendment from PU to C in unity with adjacent properties.
WHEREAS, by letter dated May 28, 1974 the Associated Equipment
Company, Inc., amended the request on Application No. 9 to Commercial District
instead of Industrial District thereby conforming to the request of the
Planning and Zoning Commission. (Letter attached shown as Exhibit "A-1",)
WHEREAS, upon receipt of this letter the City Council thereafter
gave notice of a Public Hearing to be held on June 24, 1974, at7:30.P. M.
by 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 Associated
Equipment Company, Inc., by the City Council at its regular meeting held
June 24, 1974; and
1.
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 Associated Equipment Company,.
Inc., 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:Associated-
Equipment Company, Inc., presently classified as a Planned Unit Development
District is hereby for all purposes changed and re-classified as a Commercial
District,
4.179 Acres of land out of Lot Fifty-two (52) Zychlinski
Subdivision, Section Two (2), H. T. t,. B. R. R. Company
Survey, Abstract 542, as recorded in Volume 279, Page 270,
Deed Records, Brazoria County, Texas.
IL.
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
, 1974.
AffEST:
City Secretary
4/
day of
Mayor, City of Pearland, Texas
2.
PASSED AND APPROVED on SECOND and FINAL reading this
ATTEST:
•
City Secretary
ENrbcTIVE DATE:
, 1974.
Mayor, City of Pearland, Texas
rxz
2- f 7/
day
3.
=CR ;i__ N L.
i
THE HONORABLE : AYOR AND ITY COUNCILMEN
CITY OF PEARL AND
I HEREBY REQUEST AN AMENDMENT TO THE LAND USE ORDINANCE NO. 246 AS
DESCRIBED BELOW:
OWNER'S NAME:
ASSOCIATED EQUIPMENT CO., INC.
2. OWNER'S MAILING ADDRESS:
P.O. Box 898 PEARLANO, TEXAS
77581
3. OWNER'S TELEPHONE NUMBER: 485-2756
LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED)
(DESCRIBE FROM DEED): 4,179 ACRES OF LAND OUT OFLOT FIFTY-TWO (52)
ZYCHLINSKI SUBDIVISION, SECTION Two (2), HT&B RR CO. SURVEY, ABSTRACT 542,
AS RECORDED IN VOLUME.279, PAGE 270, DEED RECORDS, BRAZORIA COUNTY, TEXAS.
PRESENT LAND USE DESIGNATION:
6. PROPOSED LAND USE DESIGNATION:
PLANNED UNIT DEVELOPMENT
INDUSTRIAL-PEFORMANCE STANDARD GROUPA.
7. PROPOSED LAND USE 'WITHIN REQUESTED DESIGNATION:
(DESCRIBE FULLY
WE HAVE NO IMMEDIATE PLANS FOR USE EXCEPT OPEN STORAGE OF WELDING MACHINERY
AND EQUIPMENT.
APPLICABLE FEE: $ 58.36
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.
RICHARD
ASHLEY
ASSOCIATED EQUIPMENT CO., INC.
P.O. BOX 898 — 3902 ALICE
PEARLAND, TEXAS 77581
AC 713/485-2756
( EXHIBIT "A-1" )
MAY 28, 1974
HONORABLE MAYOR AND CITY COUNCIL
PEARLAND CITY HALL
PEARLAND, TEXAS 77581
GENTLEMEN:
ON MAY 7, 1974, ASSOCIATED EQUIPMENT CO., INC. REQUEST THE CLASSIFICATION
OF M-I ON THE FOLLOWING TRACT OF REAL ESTATE:
4,179 ACRES OF LAND OUT OF LOT 52, ZYCHLINSKI SUBDIVISION,
SECTION Two, H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 542,
AS RECORDED ON VOLUME 279,. PAGE 270 IN THE DEED RECORDS,
BRAZORIA COUNTY, TEXAS.
WE DECIDED TO AMEND THE CLASSIFICATION OF THE PROPERTY TO COMMERCIAL.
TRULY,
RICHARD ASHLEY
RA/cD
( EXHIBIT "B" )
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
Priscilla Hawkins , being known
to me, and being by me first duly sworn, upon his oath deposes and says:
that he is the attEit'br-publisher of Legal s for Sun Progress
a newspaper of general circulation published in Bra rnria
County, Texas: that a copy of the attached notice was published in the
English language in said newspaper on the following dates:
June 6
,1974
A copy of such notice being attached hereto and expressly made a
part of this affidavit of publisher or other duly authorized person.
Priscilla Hawkins
By:
11ifO"t ��
Classified Manager
SWORN TO AND SUBSCRIBED before me by the said
Priscilla Hawkins
Legals for Sun Progress
day of
witness my hand and seal of office.
lOth
, on this the
del eAlt
Public in and for
June
, publisher o
19 74
to certify which
Brazoria County
NSW
Publish one time uoa 6,-,,
1974 ,.E z$b- a
NOTICE OF `; PUBLt
HEARING B-Y THE-- art
COUNCILS OF THE .CITY strA-
PEARLAND', TEXAS
Notice is hereby giventha10n`
the 24thdavof June,1974, at.T:30..
p.m.. .the -City-;;Council'. ot•,. ,'_
Pearland. Brazoria. and Narris - ;=
Counties; -Texas,.. will conduct. a
Public -'Hearing. in the Councit;
Room, •% City Hall... Peartand.
Brazoria and Harris Counties,:
Texas,. on- the matter .of
amending-. the Land„Use-.and
Urban Development Ordinance._ Y
of said. City, from ctassification
••PU•`.to,-"Ca. on the following
described -tract of real estate
only to:wit rr - Tr s ;
4.179-'acres. of tend out of-Cot
Fifty Two (52)"=Zychilnskl-
Subdivision, .Section ,Two.= 42) tl
HT&B RR Ca.• Survey: Abstract"
542, as recorded in Volume,379.
Page. '.270, Deed. Records..
Brazoria-County, Texas9';`;
Theoriginal. Application N¢ 9
by - Associated `.Equipment
Company dated April
requested a Land., Use Shoe -
from aPU" to "Ak-tat'Ely-littetti,
amendment, dated:Mav 2e.1474.--4t.
this rowel/:.has bees changed..
front "M1 to'•G.s:�1:.
At such- tlme-•and mace,
stated:. above. Me,=City Camcl?'t�.
wi1F -: hear_ 'all evidence
cernintt the advisabllitv, of.
.
amending said ordinance,,tind.,_
also, will hear' ail: eyidenicay.in,
protestito the.. amendment `d{R
said ordinance liW
M d •.
/s/ ts,L
City Secretary{t;=
anti, earfandt' '
Apdicitton
Printer's Fee:
$10.55