Ord. 509-032 12-14-92ORDINANCE NO. 509-32
AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR-
LAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFI-
CATION OF CERTAIN REAL PROPERTY LOCATED IN THE O. W.
WILLITS SUBDIVISION FROM R-I, SINGLE FAMILY DWELLING
DISTRICT, TO OP, OFFICE AND PROFESSIONAL, AT THE RE-
QUEST OF ALFRED E. LENTZ, AGENT FOR OXYCHEM PIPELINE
OPERATIONS, OWNER; PROVIDING AN AMENDMENT TO THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVER-
ABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS, Alfred E. Lentz, Agent for Oxychem Pipeline Opera-
tions, Owner, filed on October 19, 1992, an application for
amendment pursuant to Section 28 of Ordinance No. 509, the Land
Use and Urban Development Ordinance of the City, for approval of
a change in the land use as provided for in said Section 28, said
property being legally described in the original application for
amendment attached hereto, and made a part hereof for all pur-
poses, as Exhibit "A"; and
WHEREAS, on the 9th day of November, 1992, a joint public
hearing was held before the Planning and Zoning Commission and
the City Council of the City of Pearland, Texas, notice being
given 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 Section 28.3
and 28.4 of Ordinance No. 509; and
WHEREAS, on the 13th day of November, 1992, the. Planning and
Zoning Commission of the City submitted its report and recommen-
dation to the City Council regarding the proposed amendment
application of Alfred E. Lentz, Agent for Oxychem Pipeline Opera-
tions, Owner, whereby it recommended and approved a change of
classification for the property described in Exhibit "A" from its
existing classification of R-I, Single Family Dwelling District,
to OP, Office and Professional.
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application
at its regular meeting on November 23, 1992.
WHEREAS, the City Council having fully heard the testimony
and argument of all interested parties, having been fully advised
in the premises, finds that in the case of the application of the
owners named in the application, facts were presented which, in
the judgment of the City Council, would justify the approval of
said application; now, therefore,
BE IT ORDAINED BY THE'CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
I.
The following described property located within the corpo-
rate City limits of the City of Pearland, Texas, and presently
classified as R-i, Single Family Dwelling District, is hereby for
all purposes changed and reclassified as OP, Office and Profes-
sional:
Abstract 70, Lot 25, O. W.. Willits Subdivision
II.
The City Council of the City of Pearland finds and
determines that the recitations in the preamble hereof are true
and that all necessary prerequisites of law have been accom-
plished and that no valid protest of the proposed change has been
made. The City. Council further finds and determines that there
has been compliance with the mandates of law in the posting and
presentation of this matter to the Planning and Zoning Commission
and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and deter-
mines that the amendment adopted herein promotes the health,
safety, morals and general welfare of the public and is a proper
valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
2
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
V.
All rights and remedies which have'accrued in the favor of
the City under this Ordinance and its amendments thereto shall be
and are preserved for the benefit of the City.
VI.
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 2 of Ordinance
No. 509, and consistent with the approval herein granted for the
reclassification of the hereinabove described property.
VII.
The Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on first reading this
day ~~tFf~e~__./ , A. D., 1992.
ATTEST:
this
PASSED, APPROVED, and ADOPTED on second and final reading
C. V. Cop~
ATTEST:
Ap V~O FORM:
Lester Rorick, City Attorney
3
CI1'Y DF PEARLAIID
EXHIBIT "A"
LAND USE CIIANGE APPLICATION
ZONING CHANGE REQUESTED
Change in Regulations in
Section
Change ~]l'Z6lle'~l'~s
From: R-i
To: oP
BOARD OF ADJUSTMENT & APPEAL
( ) Vari ance Apl}eal
( ) Apl~eaI from interpretation
( ) Special Exception Use
For:
PROPERTY IDENTIFICATION:
Street Or Road Address:
Lot 25 , B1 ock
, Addition
O.W. Willits
SUBMITTAL INFORMATION:
1. 'Must be professionally drawn
2. 'Minimum scale of 100' to inch
3. North Arrow
4. Site map attached
LEGAL DESCRIPTION:
Tract Dimension
Location, size, ~e'l'~Fi~ii~hip of
all existing structures to
boundary 1 ines
Describe from Deed Records, attach copy of Deed, and use metes and bounds
description:
Platted Land: Lot '25, O.W. Willits Subdivsion, Vol 03, Pg. 65,
Brazoria County Deed Recrods
Unpl atted Land: (Must have metes & bounds descri ption)
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION:
District Headquarters
RECORD OWNER: Oxychem Pipeline Operations
OWNER'S MAILING ADDRESS & PtlONE NO.: 2947 East Broadway, Pearland, Texas
(713) 997-1000
77581
AGENT'S NAME: Alfred E. Lentz
NO. 796-1212
AGENT'S MAILING ADDRESS: 1328 South Loop West, Suite 201, Houston, TX 77054
PETITION: As OWNER/AGENT , ! hereby petition the City for approval of the above
described request as provided by the laws of the State of Texas and
Ordinances of the City of Pearland.
SIGNATURE S I GNATURE Ow ner
/O-/f
DATE PAID:
FEE:
DATE FILED:
:: iAppLICATION NO. C~/
EXHIBIT "B':
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority, on this day personally
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a
newspaper having general circulation in Brazoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper'
on the following date(s), to wit:
, 19
, 19
, 19
BUSINESS MANAGER
f k,
NOTICE OF A JOINT PUBLIC
HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING
COMMISSION OF THE CITY OF
PEARLAND, TEXAS
Notice Is hem_by given that on the 9th
day of November, 1992, at 6:30 RM.
Pearland Brazorla and Ha
Counties, %xas, will cend a Jol
Alfred E:' ntz fo
Subdivis{on
s~ said hearing all interested parties
Pat Jones, City Secretary
· APPLICATION NO. 31
~D~ARY PUBLIC~
STATE OF TEXAS