1999-10-04 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 4, 1999 @ 6:30
P.M., IN THE SECOND FLOOR CONFERENCE ROOM OF THE CITY HALL, 3519
LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 6:32 P.M. with the following present:
Chairperson Mary Starr
Vice-Chairman Tommy L. Scott
Commissioner Emil A. Beltz
Commissioner Donald Glenn
City Engineer John W. Hargrove
Director of Community
Development and Services Gene Tumlinson
Planning & Zoning Secretary Jennifer Gonzales
Todd locco arrived at 6:45 P.M.
II. APPROVAL OF MINUTES
Vice-Chairman Scott made a motion to approve the September 7, 1999 and
September 20, 1999 minutes, and Commissioner Glenn seconded the motion.
Motion passed 4 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Zoning Application Nos. 819 & 829
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 property, to wit:
1. Zoning Application No. 819
Legal Description: Lot 33, Section 8, Allison Richey Gulf Coast Home Co.
subdivision, H. T. & B. R.R. Co. survey, A-504, recorded in
Vol. 2, pg. 23, plat records of Brazoria Co., TX (1930 Garden
Rd)
Owner: Anthony Welded Products
P.O. Box 1462
Delano, CA 93216
Agent: Frank Salvucci, Sr.
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2. Zoning Application No. 829
Legal Description: Being a 11.515 acre tract out of Lots 32 & 33, Allison Richey
Gulf Coast Home Co. subdivision, H. T. & B. R.R. Co. survey,
A-504, recorded in Vol. 2, pgs. 23 & 24, plat records of
Brazoria Co., TX (1854 Garden Road)
Owner: F.F. & E. Family Limited Partnership
P.O. Box 1462
Delano, CA 93216
Agent: Frank Salvucci, Sr.
Chairman Starr questioned how far these properties were from the other Industrial
properties, and Director of Community Development and Services Gene Tumlinson
replied that they were approximately a quarter of a mile to half of a mile away.
Vice-Chairman Scott stated that it is a tough decision because they know what is there
now but they don't know what they are proposing to do with the property in the future.
He then expressed his concern for the residential areas on both side of the property.
Mr. Tumlinson reminded the Commissioners that they are zoning "land", and whatever
they zone the property now will remain. He then stated that they not only need to
consider what has been there in the past and what is there now, but they also need to •
consider the possibilities of what could go there in the future.
Commissioner Glenn asked if this application was submitted before for Heavy
Industrial (M-2), and Mr. Tumlinson replied that the owner did apply for M-2 and it was
denied.
Vice-Chairman Scott made a motion to forward Zoning Application Nos. 819 & 829 to
City Council for approval.
Motion failed due to lack of second.
Commissioner Beltz made a motion to forward Zoning Application Nos. 819 & 829 to
City Council for denial, and Commissioner Glenn seconded the motion.
Chairman Starr asked if this company is using any outside storage and Mr. Tumlinson
replied that by a visual inspection everything is done inside of the building.
Chairman Starr called for a vote.
Motion to deny tied 2 to 2.
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B. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 830
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 property, to wit:
1. Zoning Application No. 830
Legal Description: Being Lot 9, H. T. & B. R.R. Co. survey, A-504, Section 8,
Allison Richey Gulf Coast Home Co. subdivision, recorded in
Vol. 2, pg 23, plat records of Brazoria Co., TX (Roy Road)
Owner: Anthony Welded Products
P.O. Box 1462
Delano, CA 93216
Agent: Frank Salvucci, Sr
Vice-Chairman Scott reminded the Commissioners that this is the property on Roy
Road. .
Commissioner Glenn made a motion to forward Zoning Application No. 830 to City
Council for denial, and Commissioner Beltz seconded the motion.
Motion to deny passed 4 to 0.
C. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 744
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 property, to wit:
1. Zoning Application No. 744
Legal Description: Being 2.605 acres out of the North 2 of Lot 41, Figland
Orchard subdivision, H. T. & B. R.R. Co. survey, A-240,
recorded in Vol. 3, pg. 77, plat records of Brazoria Co., TX
(Hatfield Road)
Owner: Miguel & Yolanda Aguilar
3134 Hatfield
Pearland, TX 77584
Vice-Chairman Scott asked what is there and Mr. Tumlinson stated that the shaded
portion is a mobile home.
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Fire Marshall Larry Steed then stated that directly across the street lives the lady who
plans to start an assisted living business.
Commissioner locco then stated that seven people spoke against the request.
Vice-Chairman Scott questioned what business is currently there and Mr. Tumlinson
replied that it is an automobile repair shop.
Commissioner locco made a motion to forward Zoning Application No. 744 to City
Council for denial, and Commissioner Beltz seconded the motion.
Vice-Chairman Scott expressed his concern that this is another tough situation
because there is General Business zoning on one side of the property and residents
on the other side.
Commissioner locco then stated that he feels a mechanic shop does not belong in a
neighborhood next to any homes.
Chairman Starr called for a vote.
Motion to deny failed 2 to 3.
D. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 645
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 Park Disrict (MH) on the following described property, to wit:
1. Zoning Application No. 645
Legal Description: Being a 3.300 acre tract out of Lot 39, Allison Richey Gulf
Coast Home Co. subdivision, Section 8, H. T. & B. R.R. Co.
survey, A-504, recorded in Vol. 2, pgs. 23-24, plat records of
Brazoria Co., TX (2230 Garden Road)
Owner: Michael Vavricka
2230 Garden Road
Pearland, TX 77581
Chairman Starr asked if this was the request that everyone spoke in support of, and
Commissioner locco replied that it was.
Vice-Chairman Scott made a motion to forward Zoning Application No. 645 to City
Council for approval, and Commissioner Beltz seconded the motion.
Motion to approve passed 5 to 0.
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E. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 814
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification General Business District (GB) to
Single Family Dwelling District (R-2) on the following described property, to wit:
1. Zoning Application No. 814
Legal Description: Being Tracts 125A & 128A, approximately 20.00 acres, out of
the A.C.H. & B. survey, A-147, according to the map or plat
records of Brazoria Co., TX (John Lizer Road)
Owner: Roy W. Williams, Jr.
HCO2, Box 288
Palacios, TX 77465
Agent: Mauris Hardcastle
Vice-Chairman Scott made a motion to forward Zoning Application No. 814 to City
Council for approval, and Commissioner Glenn seconded the motion.
Motion to approve passed 5 to 0.
F. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 757, 759,
791, 809, 811, and 812.
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 property, to
wit:
1. Zoning Application No. 757
Legal Description: Being 0.460 acres, a.k.a. Tract 30A1, H. T. & B. R.R. Co.
survey, A-309, plat records of Brazoria Co., TX (2414 Old
Chocolate Bayou Rd)
Owner: Lonnie Turner
3054 Old Chocolate Bayou Rd
Pearland, TX 77584-8981
2. Zoning Application No. 759
Legal Description: Lot 10, Cas-Con Addition, Section 2, according to the map or
plat recorded in Vol. 18, pg. 200, plat records of Brazoria Co.,
TX (5807 Raza Dr.)
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Owner: Ernest Sanchez, Jr.
6220 Raza Dr.
Pearland, TX 77584
3. Zoning Application No. 791
Legal Description: Being Lot 2-I, a 0.784 acre parcel in the J.W. Maxey survey, A-
721, according to the deed records of Brazoria Co., TX (9322
W. Sterling)
Owner: Alice M. Kemp
9322 W. Sterling
Pearland, TX 77584
4. Zoning Application No. 809
Legal Description: Being Lot 8, Block 7, West Lea subdivision, Section 2,
according to the plat records of Brazoria Co., TX (7108 West
Lea Ln)
Owner: Melody J. Hubbard
9413 Arden Court
Houston, TX
5. Zoning Application No. 811
Legal Description: Lots 11 & 12, Block 8, Hickory Creek Place subdivision, H. T.
& B. R.R. Co. survey, A-219, recorded in Vol. 11, pgs 1 & 2,
plat records of Brazoria Co., TX (6405 Kelly)
Owner: Ralford & Metta Riggle
6405 Kelly
Pearland, TX 77581
6. Zoning Application No. 812
Legal Description: A tract situated in Lot 9, Allison Richey Gulf Coast Home Co.
subdivision, Suburban Gardens, Section 20, H. T. & B. R.R.
Co. survey, A-506, recorded in Vol. 2, pg. 23, plat records of
Brazoria Co., TX (2330 Sterling Road)
Owner: Darren & Joan Garner
2330 Sterling Road
Pearland, TX 77584
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Commissioner Glenn made a motion to forward Zoning Application Nos. 757, 759,
791, 809, 811 and 812 to City Council for approval, and Vice-Chairman Scott
seconded the motion.
Motion to approve passed 5 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Southdown
Section Twelve, 11.490 acres of land out of the H.T. & B.R.R., Co. Survey,
Section One, Abstract 310, Brazoria County, Texas.
Variance Request:
1. A 20-foot building line on cul-de-sac and thumbnail lots.
2. A 5-foot side building setback.
City Engineer John Hargrove stated that staff recommends approval as presented.
Vice-Chairman Scott stated that he still does not like the 10-foot aggregate between
houses.
Commissioner Beltz made a motion to approve the Preliminary Plat of Southdown
Section Twelve with the variances, and Commissioner locco seconded the motion.
Motion to approve passed 4 to 1.
H. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Southdown
Section Thirteen, 14.50 acres of land out of the H.T.& B.R.R. Co. Survey, Section
One, Abstract 310, Brazoria County, Texas.
Variance Request:
1. A 20-foot building line on cul-de-sac and thumbnail lots.
2. A 5-foot side building setback.
City Engineer Hargrove stated that this plat finishes Southdown, and then stated that
staff recommends approval as presented.
Commissioner Beltz made a motion to approve the Preliminary Plat of Southdown
Section Thirteen with the variances, and Commissioner Glenn seconded the motion.
Motion to approve passed 4 to 1.
I. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Sawyer's Pond,
being a subdivision containing 9.711 acres out of lot 44 of the Allison Richey
Gulf Coast Home Company Subdivision of Section 6, H.T.&B. R.R. Co. Survey
(R.B. Lyle Survey), Abstract 544, Brazoria County, Texas.
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Commissioner locco asked if this subdivision is zoned R-2 and pointed out the 73-foot
lots.
Commissioner Beltz reminded City Engineer Hargrove that the spelling of his name
needs to be corrected.
Director of Community Development and Services Gene Tumlinson stated that the
subdivision is zoned R-2.
Mr. Hargrove stated that staff recommends approval with the following comments:
1 . The word "exclusive" needs to be deleted in Note A.
2. All "S.L.E"s need to be changed to "E.E"s.
3. Drainage easements are not large enough (primarily on the east side).
4. Revised drainage plan needs to be submitted.
5. Ditch retention needs to be demonstrated.
6. Need to correct the spelling of Emil Beltz's name.
Vice-Chairman Scott made a motion to approve the Preliminary Plat of Sawyers Pond
with the comments outlined by the City Engineer,, Commissioner Beltz seconded the
motion.
Motion to approve passed 5 to 0.
J. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Lakeside Estates
Section One, a subdivision of 44.0735 acres of land being a part of lots 10, 11,
12, 35, 36, and 37 of the Allison Richey Gulf Coast Home Company Subdivision
of Section 10 out of H.T. & B. R.R. Company Survey, A-505 as recorded in
Volume 406, Page 635 of B.C.D.R., Brazoria County, Texas.
Vice-Chairman Scott asked if this is the north end of the presentation they did a few
weeks ago on Lakeside Estates and he asked about the relocation of FM 560.
Tommy McDonought of The Landtech Group, Inc. stated that they preferred not to
discuss FM 560 until they get to they get to that section.
City Engineer Hargrove stated that there has been a lot of discussion between staff
and they like the whole lay out with the large lots. He then stated after taking the plat
to the Deputy City Manager Alan Mueller for review they had several comments and
listed them as:
1. They do not provide lot access directly from Max or Stone Road.
2. They were told to work out the realignment of FM 560 before they submitted
any plats for approval
3. He believes there should be cul-de-sacs.
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Mr. Hargrove then stated that staff recommends denial until these comments are taken
care of.
Vice-Chairman Scott made a motion to deny the Preliminary Plat of Lakeside Estates
Section One, and Commissioner locco seconded the motion.
Tommy McDonnought asked Mary Starr if he could address the Commissioners. He
then gave a brief speech on how he understands their concern for Max Road because
of the City's thoroughfare plan but he does not understand their concern for providing
any access directly from Stone Road.
Chairman Starr called for a vote.
Motion to deny passed 5 to 0.
K. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Oakbrook
Estates Section Five, a subdivision of 28.096 acres in the W.D.C. Hall League,
Abstract A-70, Brazoria County, Texas.
Variance Request:
1. Use of length greater than 600 feet for cul-de-sacs.
2. Use of 20-foot building line on cul-de-sacs and thumbnail lots.
Commissioner locco asked if this was the PUD that was denied by City Council at their
last meeting, and City Engineer Hargrove replied that it was denied last Monday.
Commissioner locco then made a motion to deny the Preliminary Plat of Oakbrook
Estates Section Five, and Commissioner Glenn seconded the motion.
Motion to deny passed 5 to 0.
L. DISCUSSION ITEM — Review of Bellavita at Green Tee PUD documents.
Commissioner Beltz asked what happened to the old plans.
Terri Brooks from West Development responded that at City Council's request they
have replatted Bellavita.
Chairman Starr asked when any of the plans went to Council, and Mrs. Brooks
responded that they went to City Council for annexation.
Director of Community Development and Services Gene Tumlinson stated that the
south end annexation will be acted on October 11th for the first reading.
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Mrs. Brooks then stated that the City Attorney informed her earlier that day that the
first reading of the annexation would be on October 18th and the 2nd and final reading
would be on October 25th
Commissioner Beltz reminded the Commissioners that this blocks off any entrance to
Scarsdale Boulevard.
Commissioner locco asked if City Council is in favor of the R-4.
Mr. Hargrove stated that they seem to be O.K. with the general plan but he cannot
speak for City Council.
Vice-Chairman Scott asked if the Planning and Zoning Commission would be allowed
to give their input on the PUD.
Mr. Tumlinson replied that the PUD would first go to a Joint Public Hearing, then a
week later it will be put on as an agenda item for Planning and Zoning to make a
recommendation to City Council, and City Council would get the final decision. He
then reminded the Commissioners that part of the PUD procedure is to present the
plan to Planning and Zoning and the City's staff for review and comments.
Commissioner Beltz again expressed his concern for blocking off Scarsdale Boulevard
and Commissioner locco agreed.
Mrs. Brooks then asked the Commissioners to look at the map of Bellavita and she
explained that there are two roads that are closed off so the traffic will not go into
Green Tee.
City Engineer Hargrove then stated that with the number of lots projected, the Bellavita
Subdivision alone is capable of 5,000 cars a day
Mrs. Brooks then reminded the Commissioners that Bellavita is for the age group of 55
and older, and most of their agents would be shopping in Scarsdale.
Commissioner Beltz expressed his concern that the developer could be stopping a
possible good thing for Pearland.
Chairman Starr asked if there were any other suggestions or comments that are not
related to Scarsdale Boulevard.
Commissioner locco stated that he is not in favor of the R-4, but he would get past it if
they could come to an agreement on the Scarsdale situation.
Chairman Starr then explained to Commissioner locco that it would be like an R-1
density.
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City Engineer Hargrove stated that the project itself is very nice, and Chairman Starr
agreed and stated that it would be nice for Pearland.
Commissioner locco then stated that unless they connect to Yost Road it would
actually be on the outside of our community.
Commissioner Beltz stated there could be several ways to connect to the City.
IV. ADJOURNMENT
The meeting adjourned at 7:55 P.M.
These minutes respectfully submitted by:
•11.. t i .d, illl//_niG• ' ales, Planni • Zoning Secretary
Minutes approved as submitted and/or corrected on this 1K day of O ij- , 1999.
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a tarr, lanning and Zoning Chairman
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