Ord. 2000M-0006 2006-06-12 FAILED
FAILED
6/12106
ORDINANCE NO. 2000M-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE
ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY, LOCATION BEING 1.03 ACRES OF LAND, LOT 25, OF
WESTCHESTER ESTATES, ABSTRACT 242, H. T. & B.R.R. COMPANY
SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF WESTCHESTER
CIRCLE, AND APPROXIMATELY 250 FEET SOUTH OF FM 518
(BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-
16Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL - 1
DISTRICT (R-1) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT
THE REQUEST OF JAMES D. AND L. ELAINE THOMAS, OWNERS,
PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, James D. and L. Elaine Thomas, owners, filed on March 29, 2006,
an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for
approval of a change in the zoning district, 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 15th day of May, 2006, 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 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 1 st day of June, 2006, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by James D. and L. Elaine Thomas, owners, whereby
ORDINANCE NO. 2000M-6
the Commission recommended denial of the change of classification for the described
property from its existing classification of Single Family Residential - 1 District (R-1) to
Neighborhood Service District (NS); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on June 12, 2006; 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 James D. and L. Elaine Thomas, owners, 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:
Section I. The following described property located within the corporate City
limits of the City of Pearland, Texas, and presently classified as Single Family
Residential - 1 District (R-1) is hereby zoned to Neighborhood Service District (NS),
such property being more particularly described as:
1.03 acres of land, Lot 25, of Westchester Estates, Abstract 242, H. T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas (Generally Located
on the East Side of Westchester Circle, and Approximately 250 Feet South of
FM 518 (Broadway Street))
Section 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
Page 2 of 4
Ord No 2000M-6
ORDINANCE NO. 2000M-6
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.
Section 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.
Section 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.
Section 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.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000- T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this
day of
,2006.
TOM REID
MAYOR
Page 3 of 4
Ord No 2000M-6
ORDINANCE NO. 2000M-6
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of
,2006.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-6
',~
APPLfCA TION FOR
A CHANGE IN ZONING
P lease check one:
txI Change in Zoning Classification fr'om:
2-1<-1
(list current zoning)
to:
o Specific Use Permit Request for:
----~-_.~-- -------._~---~
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Peanand, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
cE/~'!6h .
~ NS
(list proposed :z:oning)
(list proposed use)
Property Information:
Address: 2727 WESTERCHESTER
Subdivision: " WESTERCHESTER
Tax Account No. 8215-0022-000: 001
Lot:
25
Block: 242 H T. & B
** Attach a copy of the metes and bounds description, survey. or legal description~"*
Current use of property
(type of structures on property):
RESIDENTIAL
Future/proposed use of property and reason for zone Change: ---Gli'NF.'R A 1 BU S IriES S- J{ S
PROPERTY OWNER INFORMATION: APPLfCANT INFORMATION:
NAME JAMES D. & 1.. F.T.A TNF. THOMA C; NAME OWNER
ADDRESS 2727 WESTCHESTER ADDRESS
CITY PEARLAND STATETX ZIP 77584 CITY
PHONE! 281 ) 485-3153 PHONE!
FAX! ) FAX! )
E-MAIL ADDRESS E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to
the best of my knowledge that this is a true description of the property upon which I have requested the
above checked action. I understand that I am fully responsible for the correctness of the legal description
given.
owner'SSlgnatu~_/ ~__~
Agent's Signatur~ ....., ~-........,_~.... --0-,.. .- .
STATE
ZIP
Date: d-:/)/- ~b
Date: ~- \ \ ~ Dlp
AP.PlICATlON (JO' /1- '2.
NUMBER: lO'- lLJ L
THOUT A MeTES AND BOUNDS
APPLICATION FE~"*
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SUBJECT
PROPERTY ---
LOCATION MAP
W+E
S
o 200 400 Feet
I I I I I I
Zone Change
No. 2006-16Z
Map Prepared on April 24, 2006
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404' South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general ci'rculation in Brazoria, Harris
and Galveston Counties, for! issues, as follows:
~o
Subscribe and sworn to before me this r2 '7
20 0(,
day o~/
Lura Ann Emmons, Publisher
Notary Public, State of Texas
2L'~:(c 0,,2
Published April 26, 2006,
May 3, 2006
NOnCE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO. 2006-
016Z
Notice is hereby given that
on May 15, 2006, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall,
located at 3519 Liberty
Drive, Pearland, Texas, on
the request of James D. and
L. Elaine Thomas, owners,
for an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification Single
Family Residential - 1
District (R-l) to
Neighborhood Service
District (NS), on the follow-
ing described property, to
wit:
1.03 acres of land, Lot 25, of
Westchester Estates,
Abstract 242, H. T. & B.R.R.
Company Survey, City of
Pearland, Brazoria County,
Texas (Generally Located
on the East Side of
Westchester Circle, and
Approximately 250 Feet
South of FM 518 (Broadway
Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is! Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. ! Date ~~ 20 at
.
No. Date 20
No. Date 20
No. Date 20
No. Date 20
J!p.~
CFO
Subscribe and sworn to before me this
f day o~
/l1~~
Laura Ann Emmons, Publisher
20~
Notary Public, State of Texas
2~ Ckc>,<) ~ dOUt.o - 01 <a-:z.:
the request of James D. and
L. Elaine Thomas, owners,
for an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification Single
Family Residential - 1
District (R-1) to
Neighborhood Service
District (NS), on the follow-
ing described property, to
wit:
Published April 26, 2006,
May 3, 2006
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO. 2006-
016Z
1.03 acres of land, Lot 25, of
Westchester Estates,
Abstract 242, H. T. & B.R.R.
Company Survey, City of
Pearland, Brazoria County,
Texas (Generally Located
on the East Side of
Westchester Circle, and
Approximately 250 Feet
South of FM 518 (Broadway
Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Notice is hereby given that
on May 15, 2006, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall,
located at 3519 liberty
Drive, Pearland, Texas, on
151 Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
June 1, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 16Z, a request by James D.
and L. Elaine Thomas, owners, for an amendment to Ordinance No. 2000M, the
Zoning Map of the City of Pearland, for approval of a change in zoning district
from classification Single Family Residential - 1 District (R-1) to Neighborhood
Service District (NS)
Honorable Mayor and City Council Members:
At their regular meeting of May 15, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Single Family
Residential - 1 District (R-1) to Neighborhood Service District (NS), on the following
property:
Legal Description: 1.03 acres of land, Lot 25, of Westchester Estates, Abstract 242,
H. 1. & B.R.R. Company Survey, City of Pearland, Brazoria
County, Texas
General Location: Generally Located on the East Side of Westchester Circle, and
Approximately 250 Feet South of FM 518 (Broadway Street)
Commission Member Diggs made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Fuertes. The motion to approve
failed 0 - 5. The zone change was recommended for denial by the Planning and
Agenda Request 16Z
Page 4 of 5
Zoning Commission. The Planning and Zoning Commission stated the following
reasons for the denial of the zone change:
1. The proposed zone change for NS would be intrusive and cause negative effects
on the established residential neighborhood that currently exists along
Westchester Circle.
2. Although the Comprehensive Plan designates the subject property for "Retail,
Office, and Service" uses, Staff believes that it was the intention of the City for
the Retail, Office, and Services to extend only to those lots that front onto
Broadway Street, but not for the lots that front on Westchester Circle.
3. The subject property is currently developed with a single family residence and is
currently occupied as a residential structure.
Sincerely,
Planning and Zoning Commission
Agenda Request 16Z
Page 5 of 5