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2014-10-20 PLANNING AND ZONING COMMISSION MEETING AGENDA ‘,4,)di \ e s!. REGULAR MEETING PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, OCTOBER 20, 2014, AT 6:30 p.m. COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE I. CALL TO ORDER II. CONSENT AGENDA All items listed under the "Consent Agenda" are considered to be routine and require little or no deliberation by the P&Z Commission. These items will be enacted / approved by one motion unless a commissioner requests separate action on an item, in which event the item will be removed from the Consent Agenda and considered by separate action (ix. Matters removed from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation. A. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Approve the Minutes of the October 6, 2014 P&Z Regular Meeting, held at 6:30 p.m. 2. Excuse the Absence of Henry Fuertes and Elizabeth McLane from the October 6, 2014 P&Z Regular meeting. III. MATTERS REMOVED FROM CONSENT AGENDA IV. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2014-17Z A request of Sergio Guzman, owner/applicant; for approval of a change in zoning from Single Family Residential-1 (R-1) to General Business (GB) on approximately 0.90 acres of land, to wit: Legal Description: Tract No. 26 of Westchester Estates, according to the Jack C. McKnight Survey thereof dated April 6, 1962, a partition in the H.T. & B. Railroad Survey, Abstract 242, Brazoria County, Texas. General Location: 2701 Westchester Circle, Pearland, TX P&Z Regular Meeting October 20, 2014 Page 1 of 4 B. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2014-18Z A request of Arnold A Patterson, applicant; on behalf of Pearland New Harvest Christian Fellowship, Inc. owner; for approval of a change in zoning from the Single Family Residential — 1 (R-1) zoning district to the General Business (GB) zoning district; on approximately 3.850 acres of land, to wit: Legal Description: Being a 3.850 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 564, Brazoria County, Texas. Said 3.850 acre tract is in Lot 1, Block 1 of the New Harvest Christian Fellowship Subdivision as recorded in Clerk's File No. 2010052506 in the Brazoria County Official Public Records, Brazoria County, Texas General Location: 12216 Broadway Street, Pearland, TX C. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2014-09 A request of BGE Kerry R. Gilbert & Associates, applicant; on behalf of George Fishman, owner; for approval of a Conditional Use Permit to allow for a Nursing/Convalescent Home within the Business Park — 288 (BP-288) zoning district, on approximately 9.4 acres of land, to wit: Legal Description: Being a 9.4083 tract of land located in the H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract being all of a called 3.39 acre tract of land recorded in the name of George D. and Mary Fishman in Clerk's File Number 2005061002 of the Official Records of Brazoria County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of land (North 3.3 acres) recorded in the name of George D. and Mary Fishman in Clerk's File Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3 acre tract of land (South 3.3 acres) recorded in the name of George D. and Mary Fishman in Clerk's File Number 97-010496 of the O.R.B.C. General Location: West side of Business Center Drive, south of Pearland Town Center, Pearland, TX D. CONSIDERATION AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE 2014-04 A request by Luther Daly of Costello, Inc., applicant; on behalf of George and Mary Fishman, owner; for approval of a Planning and Zoning Variance to P&Z Regular Meeting October 20, 2014 Page 2 of 4 AN- allow a minimum of 145.42 -foot lot width where 150 feet is required within the existing Business Park 288 (BP-288) zoning district on 9.4083 acres of land, to wit: Legal Description: A subdivision of 9.4083 acres of land located in the H.T.& B.R.R. Company Survey, Abstract 300, Brazoria County, Texas. General Location: Located on the west side of Business Center Drive, south of Pearland Town Center. E. CONSIDERATION AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE 2014-05 A request by Luther Daly of Costello, Inc., applicant; on behalf of George and Mary Fishman, owner; for approval of a Planning and Zoning Variance to allow for a flag lot within the existing Business Park 288 (BP-288) zoning district on 9.4083 acres of land, to wit: Legal Description: A subdivision of 9.4083 acres of land located in the H.T.& B.R.R. Company Survey, Abstract 300, Brazoria County, Texas. General Location: Located on the west side of Business Center Drive, south of Pearland Town Center. F. CONSIDERATION AND POSSIBLE ACTION — AMENDMENT TO DIXIE FARM AND TALL OAK CLUSTER DEVELOPMENT PLAN A request by Korie Johnston of DR Horton, applicant and Kathy Jan Freeman and Kim Freeman, owner (s), for approval of an extension of a Cluster Development Plan on a 14.3 acre tract of land for a single-family residential subdivision, to wit: Legal Description: Being 11.933 acres of land located in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, more particularly being a portion of Lot 3 and Lot 4 of the George W. Jenkins Subdivision, a subdivision of record in Volume 79, Page 616 of the Brazoria County Deed Records (B.C.D.R.), also being the residue of a 7.5 acre tract (described as the Southwest 3/4 of Lot 3) of which an undivided one-half interest was conveyed to Kim Freeman by instrument of record in File Number 99-010744 of the Brazoria County Official Records (B.C.O.R.) and an un-divided 1/4 interest, each, was to Kim Freeman and Kathy Jan Freeman, by instrument of record in File number 96-044065 of said B.C.O.R., and the residue of a 5 acre tract (described as southwest 1/2 of Lot 4) of which an undivided one-half interest was conveyed to Kathy Freeman, by instrument of record in File number 99-0010744, of said B.C.O.R. and an undivided one fourth interest, P&Z Regular Meeting October 20, 2014 Page 3 of 4 each, was conveyed to Kim Freeman and Kathy Jan Freeman by instrument of record in File Number 96-044065, of said B.C.O.R., and; Being 2.387 acres of land located in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, more particularly being a portion of Lot 3 of the George W. Jenkins Subdivision, a subdivision of record in Volume 79, Page 616 of the Brazoria County Deed Records (B.C.P.R.), and being the residue of a 2.5 acre tract (described as the Northeast 1/4 of Lot 3) conveyed to Kathy Freeman by instrument of record in Volume 1009, Page 57 of said B.C.D.R. General Location: Northeast corner of Dixie Farm Road and Tall Oak Drive, Pearland, TX. G. DISCUSSION ITEMS 1. Commissioners Activity Report 2. Comprehensive Plan Update 3. Commissioner Expiration of Term V. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. I, Jennifer Tatum, Office Assistant of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general public at City Hall on the 15th day of October, 2014, A.D., at 5:30 p.m. Jennifer Tatum, Office Assistant Agenda removed day of October, 2014. P&Z Regular Meeting October 20, 2014 Page 4 of 4