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Ord. 2000M-0055 2008-07-14 FAILEDFAILED 7/14/08 ORDINANCE NO. 2000M-55 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 5.84 ACRES, BEING OUT OF A 19.5704 ACRE TRACT OF LAND, BEING THE RESIDUE OF LOTS 81 AND 82 OF THE GEORGE W. JENKINS SUBDIVISION, W.D.C. HALL SURVEY, ABSTRACT 70, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF DIXIE FARM ROAD, AND APPROXIMATELY 800 FEET NORTH OF WESTFIELD LANE), (ZONE CHANGE APPLICATION NO. 2008-14Z), FROM SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF BOUNDARY ONE, LLC, APPLICANT FOR ROBERT L. THOMPSON, OWNER, 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, Boundary One, LLC, applicant for Robert L. Thompson, owner, filed 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 more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 16`" day of June, 2008, 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 hereto and made a part hereof for all purposes as Exhibit "C", said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 2"d day of July, 2008, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the ORDINANCE NO. 200OM-55 proposed amendment application by Boundary One, LLC, applicant for Robert L. Thompson, owner, whereby 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 Office and Professional District (OP), said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D°, 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 July 14, 2008; 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 Boundary One, LLC, applicant for Robert L. Thompson, owner, 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 1. The following described property located within the corporate City limits of the City of Peariand, Texas, and presently classified as Single Family Residential - 1 District (R-1) is hereby zoned to Office and Professional District (OP), such property being more particularly described as: 5.84 acres, being out of a 19.5704 acre tract of land, being the residue of Lots I 81 and 82 of the George W. Jenkins Subdivision, W.D.C. Hail Survey, Abstract 70, City of Peariand, Brazoria County, Texas (Generally Located on the East Side of Dixie Farm Road, and Approximately 800 Feet North of Westfield Lane) Section 11. The City Council of the City of Peariand finds and determines that the recitations in the preamble hereof are true and that ali necessary prerequisites of Page 2 of 4 Ord No 2000M-55 ORDINANCE NO. 2000M-55 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. Section 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. 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. Ali 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 2008. Page 3 of 4 Ord No 2000M-55 ORDINANCE NO. 2000M-55 TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of 2008. 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-55 Exhibit "A" Application Ordinance No. 2000M-55 _.-. ~ . ., r.. . .~... r:,... 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 Current Zoning District: J//~~~ ~ ~ - Proposed Zoning District: V Property Information: Address or Genernal Location of Property:_~1~ L~_~1,~ ~A ~j 1~ Q~ (/~i f~(~(Lj ~~E.''~lsr-. ~~~! Yld'~i-Z'i ~- Tax Account No. _~-~ St~[~S{~i4LR--c~p3gc~-+ ©Ucs Subdivision: _li°iJr~ultS Lot: p Z Block: A Complete l~ Fee (see Zoning Change Fee Schedule) Application must include [~ Legal Description andfor Survey of the Property all of this information: Letter Explaining the Zoning Change Request in detail (specify the existing zoning and why the zone change is being requested, current use of the property, and the proposed use of the property; if a PD is requested, see PD Format and Guidelines) PROPE L~1( OWNER INFORMATION: APPLICrANT INFORMATION: NAME--~`{ L_ l NAME_IZ~ aO~~V~'e~.LL-~C '~T,lD~F~biMi~(4"~~ ADDRnESS_~i~'[3~iS BUOLto, ADDRESS 1~OWS[//A~mn~~i3('~i(~ , S~Od CITY S STATE~~C ZIP `I'I.~i~I CITY ~w?~ STATE •T1F ZIP ~l'1S~"[.o PHONEC'7 (~j ) `IZ4 f~ IQ C~ PHONE( 2$1 ~ (~A~~ -~J~~ FAX( ) FAX() 4- - 37 mil`-~I E-MAIL ADDRESS~~'~ 1~ ~tO~f3e~ k Qp[ , Cp1n/~ E-MAIL ADDRESS'~V10WbS nt _ 1[lIA! . _ _ L}~S~~h^rSrP , (~~M As owner and applicant I Hereby request approval of the above described request as provided for by the Unified Develoy rt nt Code of tt~e City of Pearland. Owner's Signa Agent's Sig OO UAIC PAID: .'J~ a Date: ~ ~~ ~ Date: S-1f~--(~4'{ IBER• Application 2 No. ~ ~ L LOCATION MAP Zone Change No. 2008-14Z N O 400 800 Feet 1 ~ ~ ~ 1 1 W~E S Map Prepared on May 27, 2008 Exhibit "B" Location Map Clrriinanrc Ah 7nnnee c5 Exhibit "C' A F F I ~AV I T O F P U B L Ordinance INot'2000M-55 The Pearland 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 No. Date No. Date - No. Date No. Date 20 ~~ 20 20 20 20 CFO Subscribe and sworn to before me this_ ~~ day of 20~ N„x~,,, -; ~ rza nn Emmons, Publisher ~ ~*a o exas :~` ^^Y ~ 5 K ~~.~t_ ~, - s- o,o Public, State of Texas PubNshed May 28, an Jura 4, 200!! NOTICE OF A JOINT PUBLIC NEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS- ZONE CHANGE NO. 2008-14Z Notice is hereby given that on June 16, 2008, at 6:30 p.m., the City Coundl and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams and Fort Bend Counties, Texas, will con- duct ajoint public hearing in the Coundl Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Bourxtary One, LLC, applicant for Robert L. Thompson, owner, for an amendment to Ordinance No. 2000M, ttx3 Zoning Map of the City of Pearland, for approval of a change in zoning district from dassification Single Family Residential - 1 District (R-1) to Office and Professional District (OP), on the following described Property. to wit: 5.84 acres, being out of a 19.5704 acre trail of land, being the naidue of Lots 81 and 82 of tie George W. Jenkins Subdivision, W.D.C. HaN Survey, Abstract 70, City of Pearland, Brazoria County, Texas (Generally Located on the East Side' of Dixie Fann Road, and Approximately 800 Feet North of Westfield Lane) At said hearing all Interested parries shall have the right and opportunity to appear and be heard on the sub- )ed. Therese OrNxnarm S~ior Planner _ AFFIDAVIT" OF PIJBLIGATION . The Pearland Reporter News 24Q4 South Park Pearland, Texas 775.81 ~ - State of Texas -Brazoria-and- Harris Counties I, Lloyd Morrow, hereby certify that. the notice hereby.:appended. was published in Ti-IE .REPQRTER .NEWS, a newspaper of general. ci~~ulation in. Brazoria, Harris and. Calvestczn Counties, for f issues, as.:follows: No. ~ Date . ~ . ,/ '". No. ~ 20 ~~ Date 20 No. Date _ 20 " - No. Date 20 No. Date • 20 CPO Subscribe and sworn to before me this ~- day of 2 ~ _- . - ,tpcd fir. fir`-*»'' +~.. &ti~tP1. ~LMMONS - ~ - ~l~fa~y ~u:~~ir.., Sfa°e of Texas - - _ ~~~ ;~.f'-;~ nira~s .tc~n Expires 0-09-2010 - - _ - - ,,~: Laura Ann Emmons, Publisher - Notary Public, State of Texas 2~Y~e~ ~-~OV`~e ~ Q ~d - o~~ -' ~ `~ ZZ Arrw.e»d May 2s, ~ Jana 4, 2088 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMS'~ION OF THE CRY Oi PEARLAND, '::'~l1t~- ZONE CHANi~3,~`~MO.. 2008-1,Z Nofk~e is hereby given that on June 18, 2008, at 8;30 p.m Ache City Coundl and Planning and Zoning CwrotMssWn of the City of Pb~6-land, M Brozorlh, HaMa and FoR Bend Counties, Texas, will con- duct aJoint public hearing in the Council Chambers of City Hall, located at 3619 Liberty Drive, PearWW, lines. en the r~uwt d BawrarY Owe. LEG`, 'M IilMiiilF L. Ttompsan, owne-, Ibr an amendment to Ordinance No. 2000M, the Zoning Map of fhe Cfly of Pearland, for approval of a change In inning district fvoYw dassMcetion Single Family Reaidentlal - 1 District (R-1) to Olnce and Prolessbnal District (OP), on the following described Property, to wit: 5.84 acres, being out of a 19.5704 acre tred of land, being the resktue of Lots 81 and 82 of the C3eorge W. Jenkins Subdivlslon, W.D.C Hall Survey, Abstract 76, City of Pearland, Brazorle County. Texas (Oenerelly Located on the East Skis ' of Dice Fewer Road. and ApprordnraMly 000 Feet NoAh of tNesltield Lane). At aaW MarYtpalllnlsraat- ed parties ehe1F have tre right end oppertuMty, tp ~ppaar``~~ar~~M be hid on\ tlM Wyeca. ~ - Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000M-55 Planning & Zoning Commission Reco*nmendat7on Letter JUIy 2, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change No. 2008-14Z Honorable Mayor and City Council Members: ` At their regular meeting of June 16, 2008, the Planning and Zoning Commission considered the following: A request by Boundary One, LLC, applicant for Robert L. Thompson, owner, 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 Office and Professional District (OP), on the following described property, to wit: Legal Description: 5.84 acres, being out of a 19.5704 acre tract of land, being the residue of Lots 81 and 82 of the George W. Jenkins Subdivision, W.D.C. Hall Survey, Abstract 70, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Dixie Farm Road, and Approximately 800 Feet North of Wes~eld Lane Commission Member Capehart made a motion to recommend approval of the zone change request, which was seconded by Commission Member Gooden. The vote was O - 5. The zone change request was recommended for denial by the Planning and Zoning Commission. The Commission stated the following as the reasons for their denial of the request: 1. Many citizens of the subject area spoke during the Joint Public Hearing, indicating their opposition to the zone change request. Page 1 of 2 2_ The proposed OP district does not conform to the Comprehensive Plan designation of Low Density Residential uses for the subject property. 3. A zone change to OP is not appropriate for the subject tract due to it being surrounded on aU sides by properties zoned as R-1, and rezoning this tract to a non-residential district could be considered spot zoning. 4. A zone change to OP would be inconsistent and incompatible with the adjacent and surrounding zoning districts of R-1 along Dixie Farm Road. 5. A zone change to OP on this tract could cause many other properties within the area to attempt to transition to non-residential uses, which would have the potential to turn Dixie Farm Road into a commercial roadway. Sincerely, `Il~ieresa A. ~ralzmann Theresa Grahmann, Senior Planner, on behalf of the Planning and Zoning Commission Pages 2 of 2