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Ord. 0246-004 08-27-73ORDINANCE NO. 246-4 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, PRO- VIDING AN EFFECTIVE DATE AND CDNTAINIDNG OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, ARCHIE L. MILES, as owner of property, filed July 5, 1973, 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 trade apart hereof for all purposes, as Exhibit A; and WHEREAS, on the 20th day of July, 1973, 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 23rd day of July, 1973, the Planning and Zoning Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of Archie L. Niles, whereby they recommended and approved a change of classification for the properties described in Exhibit A, from their existing classification of M. F. to an N. S. District; 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 August 13, 1973, at 7:30 P. M. 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 Archie L. Miles, by the City Council at its regular meeting held on August 13, 1973; 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 Archie L. Miles, 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 Archie L. Miles, presently classified as a Multi Family Dwelling District is hereby for all purposes changed and re-classified as a Neighborhood Service District, Lot 13, in Block 2, Regency Park Subdivision of a 38.379 acres, being the North part of Lot "F", all of Lot 109 and the North part of Lot 110 of the subdivision of Section #1, ACH & B Survey, Abstract #147, Brazoria County, Texas, according to the recorded map or plat thereof appearing in Volume 9, at page 1 of the Plat Records of Brazoria County, Texas. 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 desribed property. III This ordinance shall become effective after its passage and approval upon second and final reading. PASSED AND APPIUVED on FIRST reading this /3 day of 1973. MAYOR, CITY OF PEARLAND, TEXAS A UikST : c� City Secretary PASSED AND APPROVED on SECOND and FINAL reading this 7 day of ;.%u U , 1973. ATTEST: City Secretary/ Effective Date: MAYOR, City of Pearland, Texas IRtu 200 , I, Janes E. Raines, a Registered Profes- sional Civil Engineer of the State of Texas, do hereby certify that this plat is a record of a survey made by me on the ground'on February 2, 1973 and is true and correct to the best of my knowledge and belief. License #10931 *'..... .. t*3 % JAMES if.RAIHESejS� Tf PLAT SHOWING SURVEY OP LOT 13,, BLOCK 2, REGENCY PARK, SECTION 1, A SUBDIVISION OF 38.379 ACRES OF LAND OUT OF THE - NORTH PORTION OP LOT "F" ALL OF LOT 109 AIU) THE NORTH PORTION OF LOT 110, A. C. H. & B. R. R. CO. SURVEY, SECTION 1, ABSTRACT 147, ACCORDING TO PLAT RECORDED IN VOL, 9, PAGES 1 AND 2 OF THE PLAT RE, CORDS OP BHAZORIA COUNTY, TEXAS. APPLICATION FOR CHANGE IN LAND USE APPLICATION NO. THE HONORABLE MAYOR AND CITY OILMEN CITY OF PEARLAND I HEREBY REQUEST AN AMENDMENT TO THE .LAND USE ORDINANCE NO.•246 AS. DESCRIBED BELOW: 1. OWNER'S NAME C » rC J P IZI; /F_5 2 OWNER'S MAILING ADDRESS: ,(T, / "e1" _4.1? -Peou[/Jwi 2c,r 5 77f ! 3. OWNER'S TELEPHONE NUMBER: iik,n c 4e7-Yz/C.5 - G)rrX1 / 4is'" a-)56d j 4. LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED) CDESCRIBE FROM DEED): 5. PRESENT LAND USE DESIGNATION: 6. PROPOSED LAND USE DESIGNATION: 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBEE FULLY) l tdr / A)/E7, 8. APPLICABLE FEE: $ 9. SUBMITTAL INFORiMATION: (MUST BE ATTACHED TO THIS APPLICATION) PLOT PLAN (A) MUST BE PROFESSIONALLY DRAWN. (B) MINIMUiM 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' 77% le 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 A,E, Bowen , being known to me, and being by me first duly sworn, upon his oath deposes and says: that he is the editor -publisher of Sun Progress a newspaper of general circulation published in Bfazoiic, County, Texas: that a copy of the attached notice was published in the English language in said newspaper on the following dates: JuiL_.26 , 19 _13 , 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. Sit i PROGRESS riscilla Hawkins-C..lassafieaivlanager SWORN TO AND SUBSCRIBED before me by the said A ,E, Bowen , publisher of Sun Progress , on this the day, of Jul3 witness my hand and seal of office. L. S. Printer's Fee: tip .05 31 ,19 73 to certify which (%J • Notary Public in and for Bra zoria EXHIBIT "B" PUSL 4 AIOf1 J Pulbish 1 Time July 26, 1973 NOTICE OF PUBLIC WEARING Notice is hereby given -that on the 13th aay of August, 1973, 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 Roorn, City Hail, Pearland, 3razcr?a and Harris Counties, Texas, on the matter of Amending the Land Use and Urban Development Ordinance -of said City, from classification "MF" to "MS" on the following described tract of real estate, only, to -wit: Lot 13, in Block 2, Regency Park - Subdivision of a 38.379 acres, being the Northpart of Lot "rF", all of Lot 109 and the North part of Lot110 of the Subdivdision of Section A1,"ACH & S Survey, Abstract 8147, Brazoria County, Texas, ac,L.,' cording to the recorded map or plat thereof appearing in I Volume 9, at page 1 of the Plat Records of Brazoria County, Texas. - At such' time and place, the City Council will hear all evidence concerning the ad- visability of amending said Ordinance, and also will hear all evidence in protest to the amendment of said Ordinance. I. Dated this -the 23 day of July, 1973. /s/ Dorothy L. Cook City Secretary