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1999-08-02 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 2, 1999 @ 6:30 P.M., IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER The regular meeting was called to order at 6:30 with the following present: Chairperson Mary Starr Vice-Chairman Tommy Scott Commissioner Emil A. Beltz Commissioner Donald Glenn Commissioner Todd Iocco Director of Planning & Community Development Dennis Smith City Engineer John Hargrove Planning & Zoning Secretary Jennifer Mattingly H. APPROVAL OF MINUTES Vice-Chairman Scott made a motion to approve the June 21, 1999 minutes, and Commissioner Glenn seconded the motion. Motion passed 5 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Foodmaker Subdivision No. 3920, 0.9760 acres out of the W.D.C. Hall Survey, Abstract No. 70, Pearland, Brazoria County, Texas. City Engineer Hargrove stated that this is the proposed Jack-N-The-Box, and staff recommends acceptance with a note to remove Chris Cookson's name from the plat. He then stated that the final plat will have a pipeline statement. Vice-Chairman Scott made a motion to approve the Preliminary Plat of Foodmaker Subdivision with the note to delete Chris Cookson's name, and Commissioner Iocco seconded the motion. Motion passed 5 to 0. B. CONSIDERATION & POSSIBLE ACTION — Preliminary Nat of Garden Gate Subdivision Section One, 4.237 acres, being a partial replat of Reserve "F" of Audubon Place Section One, Vol. 20, Pg. 195-196, B.C.M.R., and being out of lot 8 of the Southeast one-quarter of the northwest one-quarter, H.T.& B. RR. Co. Survey, Section 14, A-509, Brazoria County, Texas. Variance Request: 1. To allow a 60' center line offset rather then the required 125'. City Engineer Hargrove explained that the purpose of the letter attached to their plat was to request a variance to the 125' center line offset minimum between Songbird Drive and Garden Gate Subdivision. Vice-Chairman Scott asked if this was an existing subdivision, and Mr. Hargrove stated that this was passed by Planning and Zoning and is about to undergo construction. Mr. Scott then asked if there was existing gravel drives, and Mr. Hargrove replied that there is gravel drives. Chuck Davis from C.L. Davis and Company stated that there was an existing trailer park, and they are replatting Reserve F of Audubon Place so that they can get access out to Parkside Drive. Commissioner Beltz asked if all the trailers have been removed and Pierre Nys, the property owner, replied that there are three left but they will be given notice to move before actual construction does begin. Mr. Hargrove stated that he had other comments for the plat and listed them as: 1. There is a 5-foot landscape reserve utility easement provided outside of the plat, and he has requested that to be 10 feet. 2. There is a 20-foot drainage easement on the east side provided, and he has asked for 25 feet. He then stated that he has not received a drainage plan. 3. The preliminary plat must show existing utilities on the plat. Chuck Davis stated that the reason behind using the 5-foot landscape utility easement was so they could save some trees. Commissioner Beltz questioned what type of trees were there and Chuck Davis replied that there is a Willow and it is noted on the plat. Chuck Davis explained that this subdivision consists of only four lots and there will only be 2 families living there. He then stated there will be a gated 911-Gate at the end of Garden Gate. Mr. Hargrove stated that he would like to keep the drainage easement in question, but he will yield the 10' utility easement to the Commissioners. Vice Chairman Scott made a motion to deny the Preliminary Plat of Garden Gate, and Commissioner Iocco seconded the motion. Motion passed 5 to 0. C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NOS. 738, 739, 740, 741, 748, AND 754. Request of owners 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 properties, to-wit: 2 1. Zoning Application No. 738 Legal Description: A parcel containing 3.751 acres, more or less, the South 1/2 of Tract 26, save the West 225 ft out of a 10.0 acre tract, recorded in Vol. 1084, pg 108, deed records of Brazoria Co., TX (13122 Suburban Garden Road) Owner: Jesus Gonzalez 1526 S. Gordon Road Alvin, TX 77511 2. Zoning Application No. 739 Legal Description: Being 2.00 acres in the Northwest corner of Lot 9, Allison Richey Gulf Coast Home Company subdivision, Section 7, H. T. & B. RR. Co. Survey, A-219, deed records of Brazoria Co., TX (13215-13217-13221 Garden Road) Owner: Jesse Gonzalez 7933 Brays Houston, TX 3. Zoning Application No. 740 Legal Description: Being the West 1/2 of Lot 17, Block 2, Wagon Wheel Addition, Section 14, H. T. & B. R.R. Co. Survey, A-509, recorded in Vol 8, pg 79, plat records of Brazoria Co., TX (5917 Patridge) Owner: Alvin E. & Ruth L. Ziebo 5917 Patridge Pearland, TX 77584 4. Zoning Application No. 741 Legal Description: Lot 11, Block 2, Robin Cove subdivision, as recorded in Vol. 18, pg 159, plat records of Brazoria Co., TX (5515 Robin Sound) Owner: Mike Whaley 5515 Robin Sound Pearland, TX 77581 5. Zoning Application No. 748 Legal Description: Lot 3, Block 17, West Lea Subdivision, H. T. & B. R R. Co. Survey, A-546, according to the plat records of Brazoria Co., TX (5402 Heron Lane) Owner: Terrence E. & Patricia A. Snyder 2120 Kilkenny Drive Pearland, TX 77581 6. Zoning Application No. 754 3 Legal Description: Lot 1, Block 8, Hickory Creek Place subdivision, Section 7, H. T. & B. R.R. Co. Survey, A-219, recorded in Vol. 11, pgs 1 & 2, plat records of Brazoria Co., TX (5902 Marsha Lane) Owner: Armando & Emilia Jimenez 5902 Marsha Lane Pearland, TX 77581 Commissioner Iocco asked about Zoning Application No. 739 which had three different addresses and Chairman Mary Starr explained that the addresses would have no effect on the zone change request as long as the legal description on the application matches. Vice-Chairman Scott made a motion to approve Zoning Application Nos. 738, 739, 740, 741, 748, and 754. Motion passed 5 to 0. D. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 813 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification General Business (GB) to Commercial (C) on the following described properties, to-wit: Legal Description: Being approximately 8.23 acres out of an 11.74 acre tract, part of Lots 49 & 50, Allison Richey Gulf Coast Home Co. subdivision, section 85, HT & B R.R. Co. Survey, A-304, according to the plat records of Brazoria Co., TX (Corner of FM 518 & CR 93) Owner: W.C. Properties, Ltd. 16615 Sealark Houston, TX 77062 Director of Planning and Community Development Dennis Smith stated that this application has not been to a Joint Public Hearing, and the owner just wanted the Commissioner's input. Chairperson Mary Starr asked if this was supposed to be a proposal, and Dennis Smith stated that this agenda item should be terminated because no action can be taken since it has not been to a Joint Public Hearing and the public has not been notified. Emil Beltz made a motion to reverse agenda items E and F, and Vice Chairman Scott seconded the motion. Motion passed 5 to 0. E. DISCUSSION ITEM — Variance Request from the ordinance requiring permitted buildings only on platted lots at Washington-Irving street. 4 City Engineer Hargrove stated that he recommended that this variance request go to Planning and Zoning because he feels it is too small of a problem to have to go through the platting process. He explained that they are asking for a variance to the subdivision ordinance requiring permitted buildings only on platted lots for property located at 1807 Washington-Irving Street. Discussion ensued regarding the size of the lot footage. City Engineer then explained that this is not a replat, this is a request for a variance. He then reminded the Commissioners that a "replat" does have to have a Joint Public Hearing. Chairman Starr questioned the legal description on the survey. She asked if it included lot "A". City Engineer reminded the Commissioner's that they could take no action since the agenda item has been listed as a discussion item, and recommended that the item be brought back as an action item at the next meeting. F. CONSIDERATION & POSSIBLE ACTION — Planning & Zoning Commissioner Applications. Director of Planning & Community Development Dennis Smith stated that there are currently two vacancies for the Planning and Zoning Board. He then explained that in their packets should include a set of applications for them to review. He stated that they will need to choose 2 or 3 people for recommendation to City Council for appointment. The Planning& Zoning Commissioner discussed the applicants and voted on three names to recommend to City Council for appointment. The three names chosen were James McFeron, George Conces III, and Jeffrey O'Brien. IV. ADJOURNMENT The meeting adjourned at 7:35 P.M. I / / / • / Minutes respectfully submitted by: /LL.'M.P. ,_A , //,/�.L.!� J0i er M.P Ph ping :4 n'. 'ecretary ; Minutes approved as submitted and/or corrected this day of o-,,A,,,:, , A.D., 1999 ;1 G�,c �C M4ry Sta , lanning & Zoning Chairperson ow 5