Ord. 509-352 10-25-99ORDINANCE NO. 509-352
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 LOCATION BEING 40 ACRES OF UNIMPROVED LAND,
SPECIFICALLY DESCRIBED AS LOTS 41,42,51, AND 52, ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECTION 85, RECORDED IN
VOLUME 2, PAGES 107-108, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 793) (CR 403 & CR 93) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-3) AT THE REQUEST OF THOMAS MALLYNN, CHARLES
MALLYNN III, AND LINDA M. TISDALE, 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, Thomas Mallynn, Charles Mallynn III, and Linda M. Tisdale, Owner, filed
on April 26,1999, 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 applications for amendment attached hereto, and made a part hereof for all purposes,
as Exhibit "A"; and
WHEREAS, on the 13th of September, 1999, 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 8th day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Thomas Mallynn, Charles Mallynn III, and Linda M. Tisdale,
1
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-3); 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 October 11, 1999, 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 Thomas Mallynn, Charles Mallynn III, and Linda M. Tisdale, 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:
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Suburban Development District (SD) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-3); such
property being more particularly described as:
Being 40 acres of unimproved land, specifically described as Lots 41,42,51, and 52,
Allison Richey Gulf Coast Home Co. Subdivision, Section 85, recorded in volume 2,
pages 107-108, plat records of Brazoria County, Texas (CR 403 & CR 93)
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
2
law in the posting and presentation of this matter to the Planning and Zoning Commission
and to the City Council for consideration and decision.
111.
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 herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-352
ln
PASSED, APPROVED, and ADOPTED on First Reading this 1� day of
(�(' 4o b2.r , 1999.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this a5� day
of D 40 ,O QK , 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning Classification from: S D to: R 3 ittali
ukare M4A) DclvLIga/NCyt
Change in Regulations in Section #:
Specific Use for: *
Property address: 40 Gie-APA- %
Catqt) w CkgS
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) Vj_ J ,4-/ 7Lff c%J
Tax I.D. number:
Proposed use of land within requested designation:
A lJ S(.4.61/ P /S ioti
Record owner's name: ` :40/174,s'l AlliyAfiv Chodo.s.127,tio 7„> ,t%%%- ',54/
i a syu J;e ,'6 J o P,P4�i,�;�: <eeAli a 4o3C ,s7s—
Owner's mailing address:VA-94,f/ f je 775/77 4 JJ7 77 / ,4/,/z j7 77-57/
Owner's telephone number: 2_,e1) /— ,,, /s_ -2- C ‘
Agent's name: 6' KE p/A, ,X 1CZ'
Agent's mailing address: /1 3 id,)R i S'YN 1 -off/ r77.6:'%
Agent's telephone number: d 8/ A? ?-- J S /
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 , Ger,
Agent's signature: ,,l--z--....--
Fees paid: $ a f%
Date paid: l
Received by:
Application number: 7
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R-3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
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OWNERS: THOMAS & CHARLES MALLYNN, AND
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City of Pesriand. Texas
ZONE CHANGE
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HOME: 1 -400'
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OF 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
.culation in Brazoria and Harris Counties, for ( issues, as follows:
No. / • Date 02C 19 15
No Date 19
No Date 19
No Date 19
No. Date 19
bscribe and sworn to before me this 2--1
day of
i
er
Nota
Public, State of Texas
_ F, A ;
PUBLIC HEARING OF TFIE
CITY COUNCIL AND THE
•PLANNING AND ZONjf C
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is herebygivenemt
On 13th day that
1999, at 6:30 p.m., the City
Council and the Planning a d
Zoning Commission of to
City of Pearland, Brazoria add
Harris Counties, Texas, vjill
conduct a Joint Public
Hearing :in the Council
Chambers, City Hall, 35 j9
Liberty Drive, Pearland,
Texas, on the request of $.
;` Kevin Price, agent f "r
Thomas A. Mallynn, Charles
Mallynn, III & Linda M:
Tisdale, owner, for an amend
ment to the Land Use and
Urban Developmept
Ordinance of said City fr
Classification Suburbn
Development (SD) to, Sin*
Family Dwelling District (R)
on the following describitd
property, to wit:
Being 40 acres of nnimprov4
land, specifically described
Lots 41,42'51,52, Allis
Richey Gulf Coast Home CO.
subdivision, sect, 45, .moo,;
ed m Uoi- Rt (a
At said h i
earing `alit red
parties shall have Itie r g
and opporttlnmr to appear
be heard -'on the subjec
Young Loriing
- City Secretary
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
of Texas
)ria and Harris Counties
'idy Emmons, hereby certify that the notice hereby appended was published
lzoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
ation in Brazoria and Harris Counties, for %
-ibe and sworn to before me this day of
25)
issues, as follows: _
Y
a.
j
It
UBLIC HEARING OF THE
ITY COUNCIL AND THE
LANNING AND ZONING
OMMISSION OF THE CITY
F PEARLAND,TEXAS
otice is hereby given that on
he 13th day of September,
999, at 6:30 p.m., the City
ouncil and the Planning and
oning Commission of the.
ity, of Pearland, Brazoria and
arris Counties, Texas, will
onduct -'a ` Joint Public
Baring : in the Council
hambers, City Hall, 3519
iberty Drive, Pearland,
exasi on the request of'.S
evin Price, agent for
homes. A. Mallynn, Charles
Mallynn, III & Linda M.
Tisdale, owner, for an emend -
Mein to the Land Use and
Urban ° :'Development
Ordinance of said City from
Classification Suburban
Developmer t (SD).to Single
Family Dwelling District (fad
on therfollowing descr:
property,. to wit
eing 40 acres of unimproved'
and,: specifically described.
oictshey 41,Gulf42�51,53 A
• ast Mort
ubdivfsron,
d in Vol
tat records
C.R. 401
rid h.;,,
arties sha
nd epportu
e hearq I ibjeet
October 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 793
Request of Thomas Mallynn, Charles Mallynn III and Linda M. Tisdale, owners, for an
amendment to the Land Use and Urban Development Ordinance of said City from
Classification Suburban Development District (SD) to Single Family Dwelling District (R-3)
on the following described property, to wit:
Being 40 acres of unimproved land, specifically described as Lots 41, 42, 51 and 52, Allison
Richey Gulf Coast Home Co. subdivision, Section 85, recorded in Vol. 2, pgs 107-108, plat
records of Brazoria Co., TX (CR 403 and CR 93)
Honorable Mayor and Council Members:
At a regular meeting held on September 20, 1999, after the Joint Public Hearing, the Planning
and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Emil Beltz
to recommend approval of Zone Change Application No. 793.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr
Planning & Zoning Chairperson
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
Linda M. Tisdale
Rt. 2 Box 575
Alvin, Texas 77511
Dear Ms. Tisdale:
On October 25, 1999, the City Council voted to approve Application No. 793 requesting
the change of classification of certain real property from the classification of Suburban
Development District (SD) to Single Family Dwelling District (R-3).
Enclosed is a copy of Ordinance 509-352 for your records.
Sincerely,
1#tAAAVg°1.h- 44r g
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
Thomas A. Mallynn
162 Squires Bend
Stafford, Texas 77477
Dear Mr. Mallynn:
On October 25, 1999, the City Council voted to approve Application No. 793 requesting
the change of classification of certain real property from the classification of Suburban
Development District (SD) to Single Family Dwelling District (R-3).
Enclosed is a copy of Ordinance 509-352 for your records.
Sincerely,
(14AVAAA"-°a tkcati `5.
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.bc.us
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
Charles Mallynn
1905 Prairie Creek
Pearland, Texas 77581
Dear Mr. Mallynn:
On October 25, 1999, the City Council voted to approve Application No. 793 requesting
the change of classification of certain real property from the classification of,Suburban
Development District (SD) to Single Family Dwelling District (R-3).
Enclosed is a copy of Ordinance 509-352 for your records.
Sincerely,
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
S. Kevin Price
143 Port
San Leon, Texas 77539
Dear Mr. Price:
PEARLAND
TEXAS
On October 25, 1999, the City Council voted to approve Application No. 793 requesting
the change of classification of certain real property from the classification of Suburban
Development District (SD) to Single Family Dwelling District (R-3).
Enclosed is a copy of Ordinance 509-352 for your records.
Sincerely,
(4314114tL9
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us
ORDINANCE NO
509-352
October 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 793
Request of Don and Margarette Chasteen, owners, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development
District (SD) to Single Family Dwelling District (R-3) on the following described property,
to wit:
Being 40 acres of unimproved land, specifically described s Lots 41, 42, 51 and 52, Allison
Richey Gulf Coast Home Co. subdivision, Section 85, r orded in Vol. 2, pgs 107-108, plat
records of Brazoria Co., TX (CR 403 and CR 93)
Honorable Mayor and Council Members:
At a regular meeting held on September 20,,Y999, after the Joint Public Hearing, the Planning
and Zoning Commission considered the a� ve-mentioned request.
A motion was made by Commissions onald Glenn and seconded by Commissioner Emil Beltz
to recommend approval of Zone Ch ge Application No. 793.
Motion to approve passed 5 to,
0.
This is submitted for your c sideration.
Sincerely,
kfP
Mary Starr
Planning & Zoning Chairperson