Ord. 509-216 07-27-98ORDINANCE NO, 509-216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY BEING A PARCEL OF LAND KNOWN AS LOT 7 OUT OF THE
WEST LEA SUBDIVISION, SECTION 3, BLOCK 9 OF SECTION 16, H.T. & B.
R.R. CO. SURVEY, A-546, OF THE DEED RECORDS, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 277) (5518 MOCKINGBIRD LANE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF ROBERT C. AND
PAULA M. BRATZ, OWNERS, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS, Robert C. and Paula M. Bratz, owners, filed on February 2, 1998, 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 purposes, as
Exhibit "A"; and
WHEREAS, on the 29th day of June, 1998, 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 thereto and made a part hereof for all purposes, as Exhibit "B", said call and
notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No.
509; and
WHEREAS, on the 29th day of June, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Robert C. and Paula M. Bratz, owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development District (SD) to Single Family
Dwelling District (R-l); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on July 13, 1998, and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case of the
application of Robert C. and Paula M. Bratz, owners, facts were presented which, in the
judgment of the City Council, 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, and presently classified as Suburban Development District (SD) is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-l); such
property being more particularly described as:
A parcel of land known as Lot 7 out of the West Lea subdivision, Section 3, Block
9 of Section 16, H.T. & B. R.R. Co. Survey, A-546, of the Deed Records, Brazoria
County, Texas (5518 Mockingbird Lane)
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
accomplished 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 determines that the amendment
adopted herein promotes the health, safety, 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 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.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-216
PASSED, APPROVED, and ADOPTED on First Reading this
July ,1998.
13th day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of July
ATTEST:
,1998.
TOM REID
MAYOR
27th day
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
Change in Zo~ng Classification from:
Change in Regulations in Section #:
Specific Use for: *
Property address:
Lot: "Dr Block: [ ~
Metes & Bounds Description:
(unplatted property only; attach survey)
Ta,~ I.D. numb,r: <g ,iP.. 3 0 ~ I 5 0000
Subdivision:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I 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. *On a Specific. Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature: ~ ~'. ~
!:'-"' p?.i,'l' $
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ZONE SD
5518 MOCKINGBIRD
ZONE
5
Z
LANE
200'
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, KING
_.J ZONE SD
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ZONE
SD
BIRD
LN.
SD
R-1
HERON LN.
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
ROBERT & PAULA BRK!'Z
-ON,- OHANG/:
FROM
8DTOF!4
Nk'277Suak-
IFJ.E,H. ~ ~
B~D, SMITH 95-6021 OF I
1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / ___ issues, as follows:
No. // Date
No. Date
No. Date
No. Date
No. Date
lg
lg
Subscribe and sworn to before rne this / day of(~
19
Labra'Ann-r.n n n~r,oF ~::~r
OUNC ANn THE ~L~N:
ING AND ZONING COM- ' Ybung LO~ng
ISSION OF THE CIi'Y OFCityS~mten/ .
ARLAND, TEXAS "' "'-',.':
' t;e is hereby given thaton':ewr'.'.'· ".:R"":~':: ~-' . . .!.:~.~:
,5 ~0 9!hmdaY of June, 1998,'at ., '," .~." ...... ,.,.."
P.., the City Council ..
the 'Planning and Zoning .~--
oremission of the City of' .
earfand;-era~rj~and Ha~/:!i
Joif~'~ P~bljc Rearing !in th~:,
eunc! '!Gbambers: !City Halb:i::
i,tg. Liberty DriVe; Pea'land;:
exas on the request of
~ C. & Paula M. Bmlz.
~',Developmenl Ordinance of
' :~a;d City from Class~ficat:on
J .'Suburban DeVelopment
E ;~o S ngla F.~mlJy Dweffing
, iDistriCl (R.1) on the following
:described property, to wit:
' :' arcel ot land known as Lot
t~0f, West Lea
vision. section 3. I~lock 9
or S~t}On ~6 H.T. &.B. RR
Co. s'urvey, A-S46, BraZOria
:.:; ..... ...!~.....-.. .;: .. ,. :~..7!~, ~...'.'......~,.~,~...
AFFIDAVIT OF PUBLICATION
!~ L~HIBIT !
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
no. / Date~ '/0 19 ~
No. Date 19
No. Date
No. Date
No. Date
19
19
19
Subscribe and sworn to before me this
,!ISSlONOI~!THEC~F~.~;~ 'y,,S~retary. ,. ;..
he 29th'day of June, 1998, at
6n~ ~e Planning and Zoning.
~sion of the Ci~ of
P~d, Bmzoda and Ha~s
Ceu~es, Te~, will' condUCt
a ~N Public Headng in the
~cil Chainbern, C~y Hall,
t~Lib~dy Ddve, Pearland,.
~,. on.t~e ~ueSt of' '..:"
~ ~. & PaUla M. Bra~,
oWh~, for an .amendmere to
the .~nd Use and Umn,
DeyelSp~ent Ordinanceof .j
said Ci~ from Classification .
Su~.~'~opment (~}"
to,~qgl~mily Dwelling .
Oi's~ff~'(~,o~.the following" .
~ '~" el ~f land known as Lot
~f.West Lea . . :,:..
"division, section 3, block 9
. .... ~ion 16H.T. &~B. RR::
:: ~u~ey, A-~6, Bmzoda::-,;
-- ,-,,~::.~,., .':'~ ~ :~ :~;~ :.':_ ~ -
.... ~-:~,~,,.,~;: :,: .::., :,~'; ,.;~ ~ .
............. ~haffihaVe the fight -- :'
NOTICE OF.A JOINT PUB- ~.~ppoduni~ to appear and
uc ,s,,,., T,S
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
circulation in Brazoria i ~ issues, as follows:
No. / Date ~ '/7
No. Date
No. __ ' Date 19
No. Date 19
N o. Date 19
Editor
~'~f~ LAURA A EMMONS
~ Og/O~
Notary Public, State of Texas
Laura Ann Emmons, Publisher
::: -~ :'NG:ANDZ~N~:i
~ :[ ~:-~ ,*..-* ,, :. ~
. and the Plannln zoning
commission of: ' O~' '
·Pea~and, Bmza ~H~
a doint Public Hea~nb i~ the'
Council Chainbern, City Hall,
· ~-,:": reXas, onthemquestOf--.::--
' ' · ~ ;~.C:&. Paula M.
' ' ~' ~:~ D~ytOpment O~inanceof
~ ~: ~d ~fmm classifi.ti~
-. :: :~':~.' 3ubU~an Development(SD).~.
, ': , o ~ln le Family Dweilin~ '"
.-:-:, ,~ . .. ....
. palms shll have the fight
: . and .opponUni~ to appear
-:~':: ' he.;on the subject:
~: ::._-- ,~_
........... ~ "~':~ 2 !:~::j~
July 2, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 277
Request of Robert C. & Paula M. Bratz, owner, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development
(SD) to Single Family Residential (R-l)) on the following described property, to wit:
A parcel known as Lot 7, West Lea subdivision, section 3, block 9 of section 16 in the
HT & B RR Co., survey, A-546, Brazoria Co., TX (5518 Mockingbird Ln.)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on June 29, 1998, after the Joint
Public Heating, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner MaiMs and seconded by Commissioner Beltz to approve
Application No. 277.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission