ORD 2007-24 - Amend Title 32 Community Development 07-17-2007ORDINANCE 2007 -24
AN ORDINANCE AMENDING TITLE 32 COMMUNITY
DEVELOPMENT OF THE HUNTSVILLE, TEXAS MUNICIPAL
CODE (ALSO KNOWN AS THE "DEVELOPMENT CODE ")
APPROVING A ZONING CHANGE FROM "M"
MANAGEMENT DISTRICT TO "NC" NEIGHBORHOOD
CONSERVATION DISTRICT ON LOTS 1 -6, THOREAU
WOODS SUBDIVISION, LOCATED ON THE SOUTH SIDE OF
EAST MOSLEY LANE, AND CONTAINING A SEVERABILITY
CLAUSE.
WHEREAS, notice of public hearings before the Planning and Zoning
Commission and City Council was sent to real property owners within 500 feet
of the property herein described at least 10 days before such hearings.
WHEREAS, notice of public hearing before the Planning and Zoning
Commission and Citv Council was published in a newspaper of general
circulation in Huntsville at least 15 days before such hearings.
WHEREAS, notice was posted on the subject property as provided by the
Development Code.
WHEREAS, public hearings to change the zoning on the property herein
described were held before both the Planning and 'Zoning Commission and the
City Council, and the Planning and Zoning Commission has heretofore made a
recommendation concerning the zone change.
WHEREAS, the City Council is of the opinion that the zone change herein
effectuated furthers the purpose of zoning as set forth in the Comprehensive
Plan and Development Code and is in the best interest of the citizens of the City
of Huntsville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS:
SECTION 1. THAT the 'I itle 32 Community Development of the Huntsville,
Texas Municipal Code (also known as the "Development Code ") is hereby
amended by approving a zoning change from "M" Management District to "NC"
Neighborhood Conservation District on lots 1 -6, Thoreau Woods Subdivision,
located on the south side of East Mosley Lane as described in Exhibit "A,"
attached hereto.
SECTION 2. SEVERABILITY CLAUSE
If any part of the provision of this ordinance or the application of this ordinance
to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision,
or application directly involved in the controversy in which the judgment shall
be rendered and it shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances. The
City Council hereby declares that it would have enacted the remainder of these
requirements even without any such part, provision, or application which is
judged to be invalid.
PASSED AND APPROVED this 17 day of July, 2007.
CITY OF HUNTSVILLE, TEXAS
J. Turner, Mayor
A FITF'.S.F
Danna Welter, City Secretary
MnAo & itt, _
Thomas A. Le r, C y Attorney
CITY COUNCIL ItemNo.7c
7nnzoo7
AGENDA ITEM
Requested By: Lee Stringer
Prepared By: Stan Hamrick, AICP, City Planner Department Head Approval: SES
Public Hearing and Consideration of
Zoning Change from M- Management to NC- Neighborhood Conservation on
Tax Parcel 3000-068-0-01410, Thoreau Woods Subdivision, Lots 1 -6,
Vacant Lots located on the south side of East Mosley Lane
ITEM DESCRIPTION:
This agenda item seeks public hearing and Council consideration of a proposed Zoning Change from "M" Management
district to "NC' Neighborhood Conservation district on Tax Parcel 3000 - 068 -0- 01410, Thoreau Woods Subdivision, Lots 1-
6, Vacant Lots located on the south side of East Mosley Lane.
The Planning & Zoning Commission held a public hearing, at which there were no comments, and considered the above
zoning change on July 2ntl, 2007. After deliberating the Commission voted unanimously to recommend approval of the
zoning change.
RESULT to be ACHIEVED:
Public hearing and consideration of zoning change from "M" to "NC' on the described property in accordance with the
Comprehensive Plan goals of protecting residential areas.
BACKGROUND:
Afnal plat was approved for Thoreau Woods Subdivision on April 2nd at the intersection of East Mosely Lane and Mosley
Drive. Subsequently, Mr. Stringer has requested that the six smaller lots on the north side fronting East Mosely Lane be
rezoned from "M" Management District to "NC' Neighborhood Conservation District.
Mr. Stringer has deed restricted the lots to residential use, but would like to request the additional protection that the
zoning change would provide to maintain the residential character of the street. The adjacent areas to the east and south
are already zoned as "NC ", but the lots to the north, across East Mosely Lane, are zoned "M'.
The proposed change would be in accordance with the concepts and goals described in the Comprehensive Plan for the
protection of neighborhoods and residential character.
RECOMMENDED MOTION:
Approve Ordinance 2007 -07 -17.2 approving the zoning change from "M" Management district to "NC' Neighborhood
Conservation district on Tax Parcel 3000- 068 -0- 01410, Thoreau Woods Subdivision, Lots 1 -6, Vacant Lots located on the
south side of East Mosley Lane.
ATTACHMENT(S):
Ordinance 2007 -17 -17.2 (TBP)
Site Map
Zoning Request Letter
Lots 1 -6 of the Thoreau Woods Subdivision
Proposed Zoning Change from "M" to " NC"
1 in. equals 300 ft. Based on best available data from WCAD as of 03/01/07
n 11, rn-1e,I ar : "a u_wr t,, to ,'. �N1, 11", , . ,,, -'I .��oa Aran r .nd , env waars'r, d n.ra, �a.,i env a..e�.r. iox,re 1-to k.1"a.w a i "ik. „:�.-
�m.a _, b.arz ,mgr, .ai.,m:.— tor IN, S., l. Iu.. .mn ” na c,..n - u.a,.,m.ao iosb- trN,n.a .or,NJNta.
Vv. Lee Stringer
21 Hkins Lake
I nntsN Me, Texas 77340 -7300
Junc ?b0'
I. Stan I- la III rIc i IIY Planner
Cit I un[sville
4d8 titmc Hie_hwav Not
Hunlsvikve 1czas ";]U
Dear MI. Hamrick.
I ant The owner of the Ihorcau %911,111-, SLIhdnlJUn. which Wla filed IJr record on Junc 12. 2007.
In eccordancc with nut conv,rsstion wmcrda� pleas, corimdu— haneim_ rile zoning ibr lots one thronuh six
( 1 -6) o1 the Ihoreau \Abod, Subdivision horn w.magemem dislricl to lioighhorhood conservaT ion_
I am requeslir 3 thic chin rc hecau it is aIMICIpared that a church mill be built on Int 7, which adjoins these
lots. I feel that the net ohborh000 conservation dcsignatian will he in the best ('11—mill intcrnis of the
shun h members acrd also )Rile ina resrtlentiaf poperl\ owners across bast Moslev Lane front lot,
one Throrieh IN
Sincerely.
W. Lcc Stringer
gi3b-577 -1.75