Ord. 2000M-0003 2016-04-10 WITHDRAWN
WITHDRAWN BY APPLICANT
4/10/06
ORDINANCE NO. 2000M-3
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 SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE
EAST SIDE OF WESTCHESTER CIRCLE) (ZONE CHANGE APPLICATION
NO. 2006-12Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL-1
DISTRICT (R-1) TO GENERAL BUSINESS RETAIL DISTRICT (GB), 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 February 17,
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 20th day of March, 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 31st day of March, 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 the Commission recommended denial of the change of classification
ORDINANCE NO. 2000M-3
for the described property from its existing classification of Single Family Residential-1
District (R-1) to General Business Retail District (GB); 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 April 1 0, 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 General Business Retail District (GB),
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 South Side of FM 518 (Broadway Street), and on the East Side of
Westchester Circle)
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
compliance with the mandates of law in the posting and presentation of this matter to
Page 2 of 4
Ord No 2000M-3
ORDINANCE NO. 2000M-3
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 1 nth
day of
April
,2006.
~dY>v R
TOM REID
MAYOR
Page 3 of 4
Ord No 2000M-3
ORDINANCE NO. 2000M-3
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
10th day of
April
,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-3
/,'r~ S~~:;"
...,'~_~~.L
F\l~:".I\tl' i.l\I~rn\11
~~.~.....;'.
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Please check one:
~ Change in Zoning Classification from:
R-1
(list current zoning)
to:
GB
(list proposed zoning)
o Specific Use Permit Request for:
(list proposed use)
Property Information:
Address: 2727 WESTERCHESTER
Tax Account No. 8215-0022 -000: 001
Subdivision: WESTERCHESTER
Lot----1.2-___ 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:
GENERAL BUSINESS
PROPERTY OWNER INFORMATION: APPUCANT INFORMATION:
NAME JAMES D. & L. ET.ATNF. THOMAS NAME____ OWNER
ADDRESS 2727 WESTCHESTER ADDRESS___
CITY PEARLAND STATETX ZIP 77584 CITY
PHONE{ 281 ) 485 - 315 3 PHONE(____l
FAX{ ) FAX(__t
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's Signature. : ~;':-~,:'i~-~! "~#'d~~za<Y/
....... ,. . _:. :--c:::-
Agent's Signatur~),~,~~->--. -~"- -=-
STATE
ZIP
.__Date: /;:J~//~ck
Date: ~,;;Z - \ \ ~ D lp
OFFICE USE ONLY:
I FEES -# '1'7t:::. 00 I DATE '/ 1/' 1 II}/. RECEIVED J. .,,~-- APPLICATION. /) "0/ / J :z
,PAID: 'of J - .' PAID:O'-~ / L- u.-I BY: UL /.---1. NUMBER: 0( 0 c.o - 0<-- ~
***APPLlCATION IS CONSIDERED INCOMP ITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AN - APPLICATION FEE***
J
\
~
)>
.....
o
z
("')
o
m
.....
z
BROADWAY ST
;;c
o
o
;;C
o
c
m
N
;;C
o
SUBJECT
PROPERTY
(FM 518)
:E
m
en
-l
("')
::J:
m
en
-l
m
;;c
("')
;:0
LOCATION MAP
Zone Change
No. 2006-12Z
W+E
S
o
I
200
I I
400 Feet
I
Map Prepared on March 1, 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 circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
~o
Subscribe and sworn to before me this c2...
day J-IrivtA<:,h
Laura Ann Emmons, Publisher
20{)f/7
T
Notary Public, State of Texas
.7 ~.. v'LJ - I:A Z-
To Be Published March 1,
2006, and March 8, 2006
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006-012Z
Notice is hereby given that
on March 20, 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 the
Land Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to General Business District
(GB), on the following
described property, to wit:
1.03 acres of land, Lot 25,
of Westchester Estates,
Abstract 242, H. T. & B.R.A.
Company Survey, City of
Pearland, Brazoria County,
Texas (Generally Located
on the South Side of FM
518 (Broadway Street), and
on the East Side of
Westchester Circle)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Isl 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 J issues, as follows:
,
No. J Date ~~ J 2004
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~o
Subscribe and sworn to before me this
1
day of ~A
20 ()j~
Laura Ann Emmons, Publisher
~
Notary Public, State of Texas
,/)_) . IdZ-
. To Be Published March 1,
2006, and March 8, 2006
NOTICE OF A JOINT PUB:
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006.Q12Z
Notice is hereby given that
on March 20, 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 the
Land Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to General Business District
(GB), on the following
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 South Side of FM
518 (Broadway Street), and
on the East Side of
Westchester Circle)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Is! Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
March 31, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 12Z, a request by James D.
and L. Elaine Thomas, owners, for an amendment to Ordinance No. 2000-M, 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 General Business
Retail District (GB)
Honorable Mayor and City Council Members:
At their regular meeting of March 20, 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 General Business Retail District (GB), on the following
property:
Legal Description: 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
General Location: Generally Located on the South Side of FM 518 (Broadway
Street), and on the East Side of Westchester Circle
Commission Member Diggs made a motion to recommend approval of the zone change
request, which was seconded by Commission Member West. The motion to approve
Agenda Request12Z
Page 3 of 4
failed 0 - 7. The zone change was recommended for denial by the Planning and
Zoning Commission. The Commission stated the following as the reasons for the
denial of the zone change:
1. The subject property should remain zoned for residential purposes.
2. The Future Land Use Plan component of the Comprehensive Plan should be
revised to reflect the current residential use of the land.
Sincerely,
Planning and Zoning Commission
Agenda Request 12Z
Page 4 of 4