2006-05-15 Planning and Zoning JPH No. 16Z AGENDA - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD MAY 15, 2006, AT 6:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
I. CALL TO ORDER
II. PURPOSE OF HEARING
Zone Change 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), on the following described property, to wit:
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 East Side of Westchester Circle, and
Approximately 250 Feet South of FM 518 (Broadway Street)
III. APPLICATION INFORMATION AND CASE SUMMARY
A. STAFF REPORT
B. APPLICANT PRESENTATION
IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
VI. ADJOURNMENT
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please call Young Lorfing, City Secretary, at 281-652-1655 prior to the
meeting so that appropriate arrangements can be made.
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF MAY 15, 2006
Zone Change No. 2006-16Z
TO: City Council
Planning and Zoning Commission
SUBJECT: 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)
LEGAL 1.03 acres of land, Lot 25, of Westchester Estates, Abstract
DESCRIPTION: 242, H. T. & B.R.R. Company Survey, City of Pearland, Brazoria
County, Texas
GENERAL Generally Located on the East Side of Westchester Circle, and
LOCATION: Approximately 250 Feet South of FM 518 (Broadway Street)
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: May 15, 2006*
City Council for First Reading: June 12, 2006*
City Council for Second Reading: June 26, 2006*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting a change in zoning on the subject property for a
Neighborhood Service District (NS). The subject property is currently developed as a
single family residence. The applicant has indicated that they plan to use the subject tract
for a retail development as well as other neighborhood service district uses.
The applicant previously submitted a zone change for the subject property for a General
Business Retail District (GB), which was scheduled and considered at the Joint Public
Hearing on March 20, 2006. The Planning and Zoning Commission recommended denial
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of the zone change to GB, and the applicant withdrew the zone change for GB just prior to
the consideration of the GB request by the City Council. The applicant has now
resubmitted the zone change for an NS district, which is a lesser intense zoning district
than GB.
The subject property was zoned Suburban Development District(SD)for several years and
the existing house has remained a non-conforming use. During the review of the Updated
Zoning Map, which was approved by the City Council on February 27, 2006, the subject
property was changed from SD to Single Family Dwelling District (R-1).
All other lots fronting (not siding) on Westchester Circle are already zoned as R-1 and
many are developed with single family residential uses.
SURROUNDING ZONING AND LAND USES:
* surrounding zoning districts based on the new map adopted February 27, 2006
Zoning Land Use
North Single Family Dwelling District Single family residence; Retail
(R-1); General Business development
District (GB)
South Single Family Dwelling District Single family residence
(R-1)
East General Business District Undeveloped tract
(GB)
West Single family Dwelling District Single family residence
(R-1)
CONFORMANCE TO UNIFIED DEVELOPMENT CODE (UDC): The applicant is
requesting an NS zoning district. The minimum lot size for the NS district is 12,500 square
feet and the minimum lot width is 100 feet. The subject property in its present
configuration currently meets these requirements, as the subject property is exactly 150
feet wide along Westchester Circle, and is approximately 1.03 acres in size.
The applicant will be required to comply with all other requirements of the Unified
Development Code.
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PLATTING STATUS: Based on the legal description submitted with the zone change
application, it appears that the subject property has been platted as Lot 25 of Westchester
Estates. Therefore, no further platting will be required at this time.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Retail, Offices, and Services" for the
subject property and for many of the surrounding properties along Broadway Street and
Manvel Road. The Comprehensive Plan further indicates that the appropriate zoning
districts for"Retail, Offices, and Services" are the Office and Professional District(OP), the
Neighborhood Service District (NS), and the General Business District (GB). Therefore,
the proposed zone change for NS conforms to the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Westchester Circle, a local street. The Master Thoroughfare Plan does not indicate any
improvements to Westchester Circle.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: There is currently an 8 inch water line within Westchester
Circle. There is also a 16 inch water main along the south side of Broadway Street.
There is an 8 and 18 inch gravity main sanitary sewer line along Westchester Circle, and
there is an 8 inch gravity main sanitary sewer line along the south side of FM 518
(Broadway Street).
Availability and adequacy of utilities will be reviewed during the review of any subdivision
plat or building permit applications submitted for the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The applicant originally applied
for a GB district, which was considered at the Joint Public Hearing on March 20, 2006. At
that meeting, Staff recommended denial of the zone change for GB for several reasons,
which are discussed below. Now that the applicant has resubmitted a zone change for
Neighborhood Service District(NS), Staff does not believe that NS is any more appropriate
for the subject property than the GB district was.
The subject property, due to its close proximity to Broadway Street and other non-
residential uses, may seem to be an appropriate location for a Neighborhood Service
District. Many properties along the north and south sides of Broadway Street are already
zoned for General Business District and are developing with GB uses.
The subject property is designated in the Comprehensive Plan for Retail, Office, and
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Service uses. The proposed NS district conforms to this designation in the Comprehensive
Plan. However, the lines on the Comprehensive Plan are not definite lines and are not
zoning lines, but instead they are more general boundaries of different classifications of
land uses. Therefore, it could be interpreted that the land use designations of retail, office,
and service uses should only apply to the properties fronting on Broadway Street.
It appears that all of the lots that front onto Westchester Circle are zoned for R-1. The lots
that front onto Broadway Street and Manvel Road (but side onto Westchester Circle) are
zoned for General Business District, with the exception of the lot at the southeast corner of
Broadway Street and Westchester Circle. The lot at the southeast corner of Broadway
Street and Westchester Circle is zoned for R-1, but it fronts onto Broadway Street. It would
seem appropriate for that particular lot, which fronts onto Broadway Street and is adjacent
to other GB districts, would be changed at some point to GB also.
Staff believes that the Retail, Office, and Service use designation was not meant to include
the subject property nor the lot directly to the west, due to their frontage on Westchester
Circle. In order to protect the single family residential neighborhood that exists along
Westchester Circle, Staff is recommending disapproval of the zone change for
Neighborhood Service District.
If the zone change is approved, the applicant may be responsible for the submittal of a
traffic impact analysis(TIA) in order to determine the impact of the proposed development
on adjacent roadways and adjacent properties, as well as the locations of driveways.
Also, if the zone change is approved, the applicant or developer would be responsible for
providing a landscape buffer and masonry wall along the property lines that are shared with
residentially zoned properties.
PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners
within 200 feet of the subject property under consideration. A legal notice of public hearing
was published in the local newspaper, and a Zoning Sign was placed on the subject
property.
STAFF RECOMMENDATION: Staff recommends denial of the zone change for NS, as
proposed by the applicant, for the following reasons:
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
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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.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
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