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Ord. 0246-003A 08-27-73ORDINANCE NO. 246-3A 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 PEARLPIND, TEXAS; PROVIDING FOR AMENDNENT OF THE LAND USE DISTRICT MAP, PROVIDING AN IlkECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, ROBERE I. EL TS, 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 made a part 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 provisions 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 reconnendation to the City Council regarding the proposed amendment application of Robert I. Ellis, whereby they recommended and approved a change of classification for the properties described in Exhibit A, from their existing classi- fication of "PU" to a "C" 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 Robert I. Ellis, 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 }ping fully advised in the premises, finds that in the case of the application of Robert I. Ellis, 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 Robert I. Ellis, presently classified as a Planned Unit District is hereby for all purposes changed and re-classified as a Commercial District, to wit: BEGINNING, at a point in the South property line of Tract 43 of W. Zychlinski's Subdivision of the H. T. & B. R. R. Survey Company, Section 2, Abstract 542, arazoria County, Texas, at its intersection with the East right-of-way line of State Highway 35; THENCE, North 00° 06' East along the East right-of- way of State Highway 35, a distance of 40 feet to a point for corner; THENc.F, East 250 feet to a point. Said point being the PLACE OF BEGIMING of this field note description. THENCE, continuing East 1,075 feet to a paint for corner; THENCE, North 00° 06' East 277.22 feet to a point for corner; THENCE, West 1,075 feet to THENCE, South 000'06' West OF BEGINNING, containing 6. II. a point for corner; 277.22 feet to the PLACE 84 acres, more or less. The City Secretary is hereby directed to cause to bP 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. This ordinance shall become effective after its passage and approval upon second and final reading. PASSED AND APPROVED on FIRST reading this,3 day of 1973. %i'L I '- 1. MAYOR, City of Pearland, Texas ATTEST: / 7 4 / `City Secretary,{ PASSED AND APPROVED on. SECOND and FINAL reading this ) jday of ,„ / / e-L-5, , 1973. ATTEST: City Secretary / MAYOR, City of Pearland, Texas Effective Date: f — _P f - f 4 • APPLICATION NO_ E NAYOR AND • _ . -o=-- OO9= D USE ORDINANCE . 243 AS owN.R's - r.DDR= S3925 OWN_R'S TV _.HONE rU; ER: 4-85-3036 LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED) (DESCRIBE FROM DEED) South ono -half oI Tract 43 of .. Z; cclins_ii t s HT &- BRR Suijdivision of the 472/141,X Co.Survey Section 2, Abstract 54. Brazoria-County, Texas, Metal Buildings -Auto Repair PRESENT LAND USE DESIGNATION:Commercial District 6. PROPOSED LAND USE DESIGNATION: Same as (5) Commercial District 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: To build commercial (DESCRIBE FULLY) buildings to lease to business people or cos-0anys 8. APPLICABLE FEE: $ 9. SUBMITTAL INFORMATION: (MUST BE ATTACHED TO THIS APPLICATION) PLOT PLAN (A) MUST BE PROFESSIONALLY DRAWN _ Refer survey (B) MINIMUM SCALE OF IG0 FEET TO IiNCH. RafflT. survey: (C) NORTH ARROW Refer survey (D) TRACT DIMENSION. Refer survey SCE) LOCATION, SIZE, RELATIONSHIP OF ALL EXISTING STRUCTURES TO BOUNDARY INES (F) NAME. AND LOCATION OF _TT_.NG STREET .-Ialig Rd. Hwy. OR STREETS. .- '�.� c?° :.o � i:r'i 9'T, existing l._structures are CO"^�ePCI 'il on this 1 3.i1CI+ boundary ____es 15 commercial O2 dacent EUiTRIT " A" • 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 _Rr,T7nr i County, Texas: that a copy of the attached notice was published in the English language in said newspaper on the following dates: ."ru .26 19 .73 , 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. sincr Torrwritss T-, - t Priscilla Hawkins —Classified Manager A,E. Bowen SWORN TO AND SUBSCRIBED before me by the said , publisher of 31 SUN PROGRESS , on this the July 73 day of ,19 • witness my hand and seal of office. L. S. o certify which Notary Public in and for Be 7 ny• a Publish July 26, 1973 NOTICE OF PUBLIC HEARING Notice is hereby given that on the 13th day of August, 1973, at 7:30 o'clock p.m., the City Council of the City of Pearland, Brazoria and Fiarris Counties, Texas, will conduct a public hearing in the Council Room, City Hall, Pearland, Brazoria and Harris Counties, Texas, on the matter of Amending The Land Use and Urban Development Ordinance of said City, from classification "PU" to "C" on the following described tract of real estate, Only, to -wit: • The South one-half (1/2) of Tract Forty-three (43) of W. • Zychlinski's Subdivision of The H. T. & B R. R. Co. Survey Section 2, Abstract 542, Btazoria 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 31t. evidence in 2-utast o- amendment cf said Ordinance Dated this Inc 23 day cr i 1973. /s/ Dorothy L. 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