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2003-04-28 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Planning and Zoning Commission MINUTES OF A REGULAR MEETING FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 28, 2003, AT 6:30 P.M., IN THE SECOND FLOOR COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The meeting was called to order at 6:41 p.m. with the following present: Vice-Chairman Russ Selemon Commissioner Robert Scherrer Commissioner Ruby Sandars Commissioner Ray Bacon Deputy City Attorney Nghiem Doan Plats&Plans Administrator Richard Keller Planner I Theresa Grahmann Secretary Trish Broussard Commissioner Sheryl Greiner, Don Sederdahl, and Todd Iocco were absent. II NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION—ZONE CHANGE APPLICATION NO. 1094 AND SPECIFIC USE APPLICATION NO. 126 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District — Specific Use (C(S)) for heavy machinery storage and repair, on the following described property, to wit: Zone Change Application No. 1094 and Specific Use Application No. 126 Legal Description: 2.00 acres out of a 5.00 acre tract of Lot 1, Allison Richey Gulf Coast Home Company Subdivision of Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (8434 Brookside Road) Owner: Justin Brantley P.O. Box 583 Pearland, Texas 77588 Planning and Zoning Commission Ruby Sandars made a motion to approve with a second made by Ray Bacon. Planner I Theresa Grahmann stated this property was annexed with an existing business on the property and needs to expand. Motion to approve passed 4-0 B. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1095 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C), on the following described property, to wit: Zone Change Application No. 1095 Legal Description: .82 acres, being .37 acres and .4497 acres, both being a part of the H. T. & B. R.R. Co. survey, A-292 and part of the A.C.H. & B. Survey, A-416, Brazoria County, Texas (5357 Main Street) Am, Owner: Lynn D. Williams 2782 CR 145 Alvin, Texas 77511 Agent: Robert Rivas Robert Scherrer made a motion to approve with a second made by Ray Bacon. Robert Scherrer stated we have had a lot of zone changes for car lots, he asked can any kind of car lot be used as commercial zoning. Planner I Theresa Grahmann replied they could have went with General Business zoning, however it will still require concrete or asphalt for the parking lot. Motion to approve passed 4-0 C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1096 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District Planning and Zoning Commission . (C), on the following described property, to wit: Zone Change Application No. 1096 Legal Description: The North 5 acres of Tract 21, Allison Richey Gulf Coast Home Co. Suburban Gardens, Section 8, H. T. & B. R.R. Co. survey, A- 504, Brazoria Co., TX(2533 & 2537 Roy Road) Owner: Hollis Bardwell 12746 Roy Road Pearland, TX 77581 Ray Bacon made a motion to approve with a second made by Ruby Sandars. Motion to approve passed 4-0 D. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1100 �, Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: Zone Change Application No. 1100 Legal Description: 5.284 acres, John W. Maxey Survey, A-721, Brazoria Co., TX (Broadway Street @ Sunrise Boulevard) Owner: Smith Miller, Ltd 710 N. Post Oak Road#400 Ruby Sandars made a motion to approve with a second made by Ray Bacon. Motion to approve passed 4-0 E. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1104 0.. Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi-Family Dwelling District (MF) and General Business Planning and Zoning Commission oft. District (GB) to Planned Unit Development (PUD), on the following described property, to wit: Zone Change Application No. 1104 Legal Description: All of lots 1-40, inclusive in Block 15, all of lots 24-29, inclusive in Block 16, and all of lots 20-25, inclusive in Block 14, in the Original Town site of Pearland; and .148 acre tract, all in the H. T. & B. R.R. Co. survey, A-232, Brazoria Co., TX (4201 Broadway Street) Owner: Jerome Karam 4201 Broadway Street Pearland, Texas 77581 Agent: Kevin Cole Vice Chairman Russ Selemon made a motion to recess the Planning&Zoning meeting with a second made by Ruby Sandars. Motion to recess passed 4-0 at 6:55 p.m. The Planning&Zoning meeting re adjourned at 7:00 p.m. Russ Selemon gave a recap of the Joint Public Hearing on April 21, 2003. Robert Scherrer stated with an additional building on the property there would be a concern with keeping its existing use. Vice Chairman Russ Selemon stated they are putting more strain on the parking requirements by adding additional square footage. Ray Bacon stated parking has always been an issue. Robert Scherrer stated they have sufficient space to add to parking. Vice Chairman Russ Selemon stated all the items that were of concern have not been addressed in the PUD. Robert Scherrer made a motion to deny with a second made by Commissioner Ruby Sandars. Motion to deny passed 4-0 Planning and Zoning Commission F. CONSIDERATION & POSSIBLE ACTION—ZONE CHANGE APPLICATION NO. 1102 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Mobile Home Park District (MH), on the following described property, to wit: Zone Change Application No. 1102 Legal Description: Being 6.925 acres, Tract I: being the South 2 acres out of Lot 36; and Tract H, being 4.925 acres, out of Lot 37, both in Figland Orchard Subdivision No. 1, Section 13, H. T. & B. R.R. Co. survey, A-240, Brazoria Co., TX(3054 Hatfield Road) Owner: Ira William(Bill) Hubbard P.O. Box 992 Pearland, TX 77588-0992 Agent: John S. Powell, Attorney Ray Bacon made a motion to deny with a second made by Robert Scherrer. Ray Bacon stated this is a complete dump and I don't see any changes being made in the future. Robert Scherrer stated this is an interesting dilemma, by approving the zone change it could improve the property, but it is not in keeping with the comprehensive plan and the area. Vice Chairman Russ Selemon stated it is not consistent with the comprehensive plan. Bill Hubbard, owner stated one thing that has come up is the sewer, and the city has approved the gravity flow and as soon as it is done we will connect. He stated I know sewer and the music is a problem. Vice Chairman Russ Selemon stated were here to provide input to the City Council for the decisions on zone changes and our marching orders are the comprehensive plan. He stated we have to see it 20 to 30 years down the road, and a mobile home park dogs not fit into the comprehensive plan. Bill Hubbard stated this property has always been a trailer park and it is hard to fix up and make nice with out adding on to it. Planning and Zoning Commission Bill Hubbard asked if it was fixed up and we came back again to rezone the property would we get the approval. Ruby Sandars replied we are not looking at the looks of the trailer park, we are looking at the best use of that property with the comprehensive plan. Mrs. Sandars stated her decision is not based on the looks of the trailer park but what the comprehensive plan calls for. Motion to deny passed 4-0 G. CONSIDERATION & POSSIBLE ACTION—ZONE CHANGE APPLICATION NO. 1098 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following described property, to wit: Zone Change Application No. 1098 Legal Description: 5 acres, being the North 1/2 of Lot or Tract No. 36, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (Adamo Lane) Owner: Richard& Terry Wemhoff 7625 Longleaf Pearland, TX 77581 Ray Bacon made a motion to approve with a second made by Ruby Sandars. Ray Bacon made a motion to approve with a second made by Ruby Sandars. Motion to approve passed 4-0 H. DISCUSSION & POSSIBLE ACTION—ZONE CHANGE APPLICATION NO. 1099 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following described property, to wit: Zone Change Application No. 1099 Planning and Zoning Commission Legal Description: Lot 36, Block 1, Somersetshire Estates, H. T. & B. R.R. Co. survey, A-304, Brazoria Co., TX (9805 Excalibur's Court) Owner: David A. &Diann R. Gardoni 9805 Excalibur's Court Pearland, TX 77581 Robert Scherrer made a motion to approve with a second made by Ray Bacon. Motion to approve passed 4-0 I. DISCUSSION & POSSIBLE ACTION—ZONE CHANGE APPLICATION NO. 1101 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (RE), on the following described property, to wit: Zone Change Application No. 1101 Legal Description: 5 acres, being the South 1/2 lot or Tract No. 36, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (Adamo Lane) Owner: Michael V. Jenkins 12718 Panay Drive Houston, TX 77048-4128 Robert Scherrer made a motion to approve with a second made by Ruby Sandars. Motion to approve passed 4-0 M. NEXT MEETING DATES: May 5, 2003 (Regular Meeting) May 19, 2003 (JPH&Regular Meeting) Planning and Zoning Commission IV. ADJOURNMENT The regular meeting adjourned at 7:37 p.m. T .se mj li WAAk./Ast.i, respectfully submitt•4 4 y: /lilt T I Brous`s 7, Planning&Zonii% ecretary nutes approved as submitted and/or corrected on this day of I _A,_ 2003. I Todd Iocco, Planning& Zoning Chairman Am