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1999-08-23 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES - PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 23, 1999, IN THE SECOND FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING I. CALL TO ORDER The meeting was called to order with the following present: Chairperson Mary Starr Vice-Chairperson Tommy Scott Commissioner Emil Beltz Commissioner Donald Glenn Commissioner Todd locco II. APPROVAL OF MINUTES: June 21, 1999 Commissioner Todd locco made a motion to approve the minutes as submitted. Commissioner Donald Glenn seconded the motion. Motion passed 5 to 0. III. NEW BUSINESS L. CONSIDERATION AND POSSIBLE ACTION - Variance request from the ordinance requiring permitted buildings on only platted lots at Washington- Irvin Street. Chairperson Mary Starr requested that Item "L." be considered first. She explained that the owners had made sure that everything was properly recorded. She also stated that it now has the 80' frontage as required. Vice-Chairperson Tommy Scott made a motion to approve the variance request. Commissioner Todd locco seconded the motion. Motion Passed 5 to 0. A. CONSIDERATION AND POSSIBLE ACTION-ZONING APPLICATION NO.654 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Heavy Industrial District (M-2) on the following described properties, to-wit: 1 Legal Description: Being the Southwest 1/4 of Lot 35, H. T. & B. R.R. Co. Survey, A-219, recorded in the plat records of Brazoria Co., TX (14405 Garden Road) 40. Owner: Orlen W. & Phyrne R. O'Day P.O. Box 149 Pearland, TX 77581 Director of Planning and Community Development Dennis Smith stated that this is O'Day Drilling. Commissioner Emil Beltz made a motion to recommend approval of Zone Change Application No. 654 from Suburban Development to Heavy Industrial (M-2). Commissioner Donald Glenn seconded the motion. Motion passed 5 to 0. B. CONSIDERATION AND POSSIBLE ACTION-ZONING APPLICATIONS NO. 745 & 746 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Heavy Industrial District (M-2) on the following described properties, to-wit: 1. Zoning Application No. 745 Legal Description: Being 2.5 acres out of Lot 13, Allison Richey Gulf Coast Home Co. Subdivision, Section 7, H. T. & B. R.R. Co. Survey, A-219, according to the deed records of Brazoria Co., TX (13603 Suburban Garden Road) Owner: Randall Craig Edwards & Carol Boyd 1830 Tompkins Grand Prairie, Texas 75051 2. Zoning Application No. 746 Legal Description: Being a 5.00 acre tract, the North '/Z of Lot 13, Allison Richey Gulf Coast Home Co. Subdivision, Section 7, H. T. & B. R.R. Co. Survey, A-219, according to the deed records of Brazoria Co., TX (13525 Suburban Garden Road) 2 Owner: Stephen Eric Edwards & Stephanie Edwards 13525 Garden Road Pearland, Texas 77581 Commissioner Emil Beltz asked if these two properties adjoin one another. Director of Planning and Community Development Dennis Smith stated that they do adjoin. Commissioner Todd locco asked if this is an existing business. The property owner answered that this is an existing business owned by brothers. Commissioner Todd locco asked if M-2 zoning was necessary for the type of business and what happens if the property is not rezoned. Mr. Smith stated that the M-2 zoning is necessary. He also explained that the business is grandfatherd, however, they would not be able to make any improvements without the appropriate zoning. Commissioner Todd locco made a motion to recommend approval of Zone Change Applications No. 745 and 746 for Suburban Development to Heavy Industrial (M-2). Commissioner Emil Beltz seconded the motion. Motion passed 5 to 0. C.CONSIDERATION AND POSSIBLE ACTION-ZONING APPLICATION NO.594 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Light Industrial District (M-1) on the following described properties, to-wit: Legal Description: Being a 3.00 acre tract out of a 5.00 acre tract, the North 1/2 of the Northeast 1/4, Section 16, H. T. & B. R.R. Co. Survey, A-546, plat records of Brazoria Co., TX (15902 Harkey Road) Owner: M. Wayne Smith P.O. Box 267 Pearland, Texas 77588 Director of Planning and Community Development Dennis Smith stated that this is the tree farm. He explained that Mr. Wayne Smith is requesting M-1 zoning because of bulk supplies, heavy equipment and lots of outside equipment. He added that the small rectangular piece of land that this surrounds, has recently been rezoned to M-1. • A discussion ensued regarding whether this type of use would require an M-1 zoning or if a lesser zoning would be suitable. 3 Vice-Chairperson Tommy Scott made a motion to recommend approval of Zone Change Application No. 594 from Suburban Development to Commercial. Commissioner Todd locco seconded the motion. Motion passed 5 to 0. D. CONSIDERATION AND POSSIBLE ACTION-ZONING APPLICATION NO. 800 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-2) to Light Industrial District (M-1) on the following described properties, to-wit: Legal Description: Being a 5.002 acre tract, the South '/2 of Lot 34, out of the H. T. & B. R.R. Co. Survey, Section 6, A-544, recorded in Vol. 136, pg 501, deed records of Brazoria Co., TX Owner: Janet Milner 2902 Whispering Winds Drive Pearland, Texas 77581 Agent: Charlie Eason Director of Planning and Community Development Dennis Smith stated that Brazoria Place and Country Meadows Mobile Home Parks are located just South of this property. Commissioner Todd locco expressed concerns with zoning raw land in this area for industrial use. Commissioner Todd locco made a motion to recommend denial of Zone Change Application No. 800 from Single Family Dwelling District (R2) to Light Industrial (M- 1). Motion passed 4 to 1. Chairperson Mary Starr abstained. E.CONSIDERATION AND POSSIBLE ACTION-ZONING APPLICATION NO. 751 Request of owners 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 properties, to-wit: Legal Description: Lot 9, Block 3, Hickory Creek Place subdivision, Vol. 11 , pgs 1-2, plat records of Brazoria Co., TX (14004 O'Day Road) 4 Owner: Erwin Wind, Jr. 3014 Green Tee Drive .011Pearland, Texas 77581 A discussion ensued regarding whether this property was a part of a recorded subdivision plat. Director of Planning and Community Development Dennis Smith presented the Hickory Creek Place plat dated November 30, 1965. The plat shows the lots as residential lots. The discussion continued regarding whether General Business zoning would be more appropriate. Vice-Chairperson Tommy Scott made a motion to recommend approval of Zone Change Application No. 751 from Suburban Development to Commercial. Commissioner Emil Beltz seconded the motion. Motion passed 3 to 2. F. CONSIDERATION AND POSSIBLE ACTION-ZONING APPLICATION NO.783 Request of owners 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 properties, to-wit: Legal Description: Lot 2, Block 26, Allison Richey Gulf Coast subdivision, Section 4, TCRR survey, A-675, recorded in Vol. 2, pg 99, plat records of Brazoria Co., TX (15707 SH 288) Allnk Owner: James W. & Barbara Dixon 15707 South Freeway 288 Pearland, Texas 77584 Director of Planning and Community Development Dennis Smith explained that this is an existing mobile home sales business. He added that the Commission had already recommended approval of Lot 1, however, at the time, we did not have the legal description on the second lot. Vice-Chairperson Tommy Scott made a motion to recommend approval of Zone Change Application No. 783 from Suburban Development to Commercial. Commissioner Todd locco seconded the motion. Motion passed 5 to 0. G.CONSIDERATION AND POSSIBLE ACTION-ZONING APPLICATION NO.795 AND SPECIFIC USE NO. 71 5 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to „_ General Business District-Specific Use (GB-S) on the following described properties, to-wit: Legal Description: Lot 7, Block 2, Garden Acres, Section 2, H. T. & B. R.R. Co. Survey, Section 7, A-219, Deed Records of Brazoria Co., TX (2631 Garden Road) Owner: Jeanette Burkett P.O. Box 1455 Pearland, Texas 77588 Director of Planning and Community Development Dennis Smith stated that they are requesting a specific use to allow a contractors yard in General Business. A discussion ensued regarding where the lot was located and whether it was a residential lot. Commissioner Donald Glenn made a motion to recommend denial of Zone Change Application No. 795 and Specific Use No. 71 . Commissioner Todd locco seconded the motion. Motion passed 5 to 0. H. CONSIDERATION AND POSSIBLE ACTION-ZONING APPLICATIONS NO. 595, 665 AND 666 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Mobile Home District (MH) on the following described properties, to-wit: 1. Zoning Application No. 595 Legal Description: Being Lots 168H & 168H2, approximately 1.110 acres, H. T. & B. R.R. Co. Survey, A-308, recorded in Vol. 29, pg 9, deed records of Brazoria Co., TX Owner: Kenneth R. Kampf 7818 Warren Pearland, Texas 77584 6 2. Zoning Application No. 665 Legal Description: Being 0.500 acres, Lot 169Q1 , Roy Acres II, H. T. & B. R.R. Co. Survey, A-308, according to the plat records of Brazoria Co., TX (17009 Wells Drive) Owner: Kenneth R. Kampf 7818 Warren Pearland, Texas 77584 3. Zoning Application No. 666 Legal Description: Being 1.00 acres of the Zychlinski Subdivision, Section 27, H. T. & B. R.R. Co. Survey, A-306, recorded in Vol. 29, pg. 9, deed records of Brazoria Co., TX (7828 Warren) Owner: Kenneth & Bonnie Kampf 7818 Warren Pearland, Texas 77584 Director of Planning and Community Development Dennis Smith stated that these three properties and another forthcoming application make up an existing mobile home park. He explained that including the fourth property, it meets the three r acre requirement for a mobile home park. Vice-Chairperson Tommy Scott made a motion to table this item until all four applications could be considered at once. Commissioner Donald Glenn seconded the motion. Motion passed 5 to 0. I. CONSIDERATION AND POSSIBLE ACTION-ZONING APPLICATION NO. 606 Request of owners 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 properties, to-wit: Legal Description: Being a 0.09091 acre tract out of Lot 9, the Northeast 1/4 of the Southwest 1/4 of Section 14, H. T. & B. R.R. Co. Survey, A-509, plat records of Brazoria Co., TX (6326 Cottonwood) Owner: Clarence F. & Patricia Ryan 6326 Cottonwood Pearland, TX 77584 7 Director of Planning and Community Development Dennis Smith stated the owner runs a consulting business out of his home. He explained that the owner is requesting General Business so he can place a sign to advertise his business. Vice-Chairperson Tommy Scott made a motion to recommend denial of Zone Change Application No. 606. Commissioner Donald Glenn seconded the motion. Motion passed 5 to 0. J.CONSIDERATION AND POSSIBLE ACTION-Preliminary Plat of Garden Gate Subdivision, Section One, 4.890 acres, being a partial replat or reserves "A" & "F", Lot 9, Block 1 of replat of Audubon Place, Section One, Vol. 20, pg 195- 196 of Brazoria Co. map records and being out of Lot 8 of the Southeast 1/4 of the Northwets 1/4, H.T. & B. R.R. Co. Survey, Section 14, A-509, Brazoria Co., TX Variance request: 1. To allow a 60' center-line offset rather than the required 125'. The property owner stated that they have realigned the street, therefore, the variance is not necessary. Vice-Chairperson Tommy Scott made a motion to deny the variance request. Commissioner Todd locco seconded the motion. Motion passed 5 to 0. City Engineer John Hargrove stated that staff recommends approval with two revisions. He explained that all entry gates must be 911 gates or must have a constant attendant. He also stated that the 20' drainage easement should be moved to run parallel to and inside the right hand plat boundary. Commissioner Donald Glenn made a motion to approve the plat with the two noted revisions. Vice-Chairperson Tommy Scott seconded the motion. Motion passed 5 to 0. K.CONSIDERATION AND POSSIBLE ACTION-Final plat of Southbelt Industrial Park, Section 2, being a subdivision of 38.8527 acres located in the R.T. Blackburn survey, A-160, Harris Co., TX City Engineer John Hargrove stated that staff recommends approval. He added that he will remove ex-Commissioner Jack Mathis' name from the plat. 8 Vice-Chairperson Tommy Scott made a motion to approve the plat. Commissioner Emil Beltz seconded the motion. Motion passed 5 to 0. M. CONSIDERATION AND POSSIBLE ACTION-Review of Planning and Zoning Commissioner applications for recommendation to City Council. The Commission recommends Elaine Jackson, George Conces III and Charles Viktorin IV. ADJOURNMENT The meeting adjourned at 8:42 PM. These minutes respectfully submitted by: Mona Ann Phipps, Secretary P)14- Minutes approved as submitted and/or corrected this day of '-I — rn-(:`� - , 1999. 2/ Mar�Stag( Chairperson 9