1999-10-19 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 18, 1999 AT 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 6:35 P.M. with the following present:
Chairperson Mary Starr
Vice-Chairman Tommy L. Scott
Commissioner Emil A. Beltz
Commissioner Donald Glenn
City Engineer John Hargrove
Director of Community
Development & Services Gene Tumlinson
P & Z Secretary Jennifer Gonzales
Commissioner locco arrived at 6:50 P.M.
II. APPROVAL OF MINUTES
Commissioner Beltz made a motion to approve the October 4, 1999 minutes, and
Commissioner Glenn seconded the motion.
Motion passed 4 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 794
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 (M-2) on the following described property to wit:
1. Zoning Application No. 794
Legal Description: Being 2.50 acres out of the E 1/2 of Lot 44, Allison
Richey Gulf Coast Home Co. subdivision, H.T.& B. R.R.
Co. survey A-292, sect. 29, recorded in Vol. 2, pg. 101,
plat records of Brazoria Co., TX (CR 128)
Owners: Steven E. Estep
Rt. 3 Box 76
Alvin, TX 77511
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Chairman Starr stated that this property is across the oil filed in the City of Alvin.
Vice-Chairman Scott made a motion to forward zoning application no. 794 to City
Council for approval, and Commissioner Beltz seconded the motion.
Motion to approve passed 4 to 0.
B. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 833
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 (GB) on the following described property to wit:
1. Zoning Application No. 833
Legal Description: Being 1.1671 acre tract out of Lot 3, Allison Richey Gulf
Home Co. subdivision, Section 85, H.T. & B.R.R. Co.
survey, A-304, recorded in Vol. 2, pg 107,plat records of
Brazoria Co., TX (2401 Smith Ranch Road)
Owner: John H. Gehring
2526 Westminister
Pearland, TX 77581
Commissioner Beltz made a motion to forward zoning application no. 833 to City
Council for approval, and Vice-Chairman Scott seconded the motion.
Motion to approve passed 4 to 0.
C. 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
District (C) on the following described property to wit:
1. Zoning Application No. 813
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, H.T.&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.
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16615 Sealark
Houston, TX 77062
Agent: James M. Johnson
900 Apollo Lane, Suite C
Houston, TX 77058
Vice-Chairman Scott made motion to forward zoning application no. 813 to City
Council for approval, and Commissioner Glenn seconded the motion.
Motion to approve passed 4 to 0.
D. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 836
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-3) on the following described property to
wit:
1. Zoning Application No. 836
Legal Description: Being 86.618 acres of land out of the John W. Maxey
survey, A-721 and the Allison-Richey Gulf Coast Home
Co. subdivision, recorded in Vol. 2, pg. 23, plat records
of Brazoria Co., TX
Owner: Amvest Properties, Inc.
7676 Woodway, Suite 238
Houston, TX 77063
Agent: Ken Caffey
7676 Woodway, Suite 238
Houston, TX 77063
Chairman Starr stated that this is a continuation of the previous Sunrise Lakes Section
One.
Commissioner Beltz made motion to forward zoning application no. 836 to City Council
for approval, and Commissioner Glenn seconded the motion.
Motion to approve passed 4 to 0.
E. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 820
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Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Commercial District (C) to Single
Family Dwelling District (R-2) on the following described property to wit:
1. Zoning Application No. 820
Legal Description: Being approximately 60 acres out of Section 12, H.T.&
B. R.R. Co. survey, A-508, according to the plat records
of Brazoria Co., TX (S.E. Corner of Magnolia and
Veterans)
Owner: Flyma Thompson, Elliott Cage, & Catherine Cage Burns
2121 Sage Rd, Suite 300
Houston, TX 77056
Agent: Dwain Evans
4615 Southwest Freeway, #1025
Houston, TX 77027
Vice-Chairman Scott made a motion to forward zoning application no. 820 to City
Council for approval, and Commissioner Glenn seconded the motion.
Motion to approve passed 4 to 0.
F. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NOS. 810,
816, AND 817
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. 810
Legal Description: Lot 2, Blk. 10, Hickory Creek Place subdivision, HT&B
RR Co. survey, A-219, recorded in Vol. 11, pgs. 1 & 2,
Plat Records of Brazoria Co., TX (6322 Kelly Dr.)
Owner: Tim L. & Mary Hayden
6322 Kelly Drive
Pearland, TX 77581
2. Zoning Application No. 816
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Legal Description: Being Lot 17, Somersetshire Estates, HT&B RR Co.
survey, A-546, according to the plat recorded in Vol. 16,
pg 281, plat records of Brazoria Co., TX (3410 King
Arthurs Court)
Owner: Joe Cordell
3410 King Aurthurs Court
Pearland, TX 77584
3. Zoning Application No. 817
Legal Description: Being Lot 4, BIk 2, Robin Cove addition, as recorded in
Vol. 18, pg. 159, plat records of Brazoria Co, TX (5406
Robin Sound)
Owner: Calvin D. Britson
5606 Cunningham
Pearland, TX 77581
Commissioner Glenn made a motion to forward zoning application nos. 810, 816, and
817 to City Council for approval, and Commissioner' Beltz seconded the motion.
Vice-Chairman Scott asked if City Attorney Darrin Coker has given their blessings on
these R-1's, and Director of Community Development & Services Gene Tumlinson
stated that he is O.K. with the properties being zoned as R-1 . He then reminded the
Commissioners that the mobile homes are grandfathered in as a non-conforming use.
He then stated that there is still no classification for mobile homes.
Chariman Starr called for a vote.
Motion to approve passed 4 to 0.
G. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 827
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Single Family Dwelling (R-1) to Office
Professional District (OP) on the following described property to wit:
1. Zoning Application No. 827
Legal Description: Lot 41 & .254 acres of Lot 40, in the W.D.C. Hall survey,
A-70, Brazoria Co., TX (1920 E. Broadway)
Owner: Beverly Brown
2640 E. Broadway #112
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Pearland, TX 77581
Vice-Chairman Scott made a motion to forward zoning application no. 827 to City
Council for approval, and Commissioner Glenn seconded the motion.
Commissioner locco arrived. (6:50 P.M.)
Motion to approve passed 5 to 0.
H. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 835
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development — Business
District (SD-B) to Single Family Dwelling District (R-1) on the following described
property to wit:
1. Zoning Application No. 835
Legal Description: Being approximately 18.4 acres out of Lot 1, T.D.
Yocum, A-399, A.C.H. & B. survey, A-146, Brazoria Co.,
TX (John Lizer Road)
Owner: Dan M. Warrall
4911 Bowser Road
Fulsher, TX 77441
Agent: Jay Atchley
Commissioner Beltz made a motion to forward zoning application no. 835 to City
Council for approval, and Vice-Chairman Scott seconded the motion.
Motion to approve passed 5 to 0.
I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Brittany Estates, being
9.681 acres being the west half of tract 125 of the A.C.H. & B. Survey Sect 1, A-
147, Brazoria Co Texas as recorded in Vol. 2, page 1, B.C.P.R.
City Engineer Hargrove stated that the title sheet to the approved construction
drawings needs to be signed. He then stated that the engineer has applied for a
variance but that does not apply to Planning and Zoning.
Commissioner Beltz asked if the property was zoned R-1 , and Chairperson Starr
answered that it is zoned R-1 and its located on Old Alvin. Vice-Chairman Scott then
added that the property is past the wooded section.
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Mr. Hargrove then stated that the property went from General Business zoning to R-1.
Commissioner locco made a motion to approve the Final Plat of Brittany Estates as
presented, and Vice-Chairman Scott seconded the motion.
Motion to approve passed 5 to 0.
J. CONSIDERATION & POSSIBLE ACTION — Final Plat of River Mist Section
One, subdivision of 38.5069 acres of land, A.C.H.&B. Survey, A-507, City of
Pearland, Brazoria County, Texas.
Variance Request:
1. Use of a 20-foot front building line.
City Engineer Hargrove stated that staff recommends approval with the following
requirements be added to sheets 1 and 2, and listed the requirements as:
1. There needs to be an extension of 10' w.s.e's on John Lizer.
2. Change the 5' drainage easement to 10' at the west end of Maryfield.
3. Removal of 1' reserve at the west end of Wheatfield.
4. Extension of 10' w.s.e. west of Wheatfield.
5. Change 20' building line to a 10' building line at the west side of Fox Ct.
6. Creation of T.B.M. on site or immediately adjacent.
7. Addition of Note 14 that there is a minimum finished floor elevation is 47.00.
8. Addition of Note 15 that there are 29 street lights.
Vice-Chairman Scott made a motion to approve the Final Plat of River Mist Section
One with the variance and with the additional requirements outlined by the City
Engineer, and Commissioner Beltz seconded the motion.
Motion to approve passed 5 to 0.
K. CONSIDERATION & POSSIBLE ACTION — Final Plat of Foodmaker
Subdivision No. 3920, 0.9148 acres out of the W.D.C. Hall Survey, Abstract No.
70, Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the addition of two
notes and listed them as:
1 . The flood map reference needs to updated.
2. There needs to be a sentence added that the finished floor elevation should be
at or above 37.00
Mr. Hargrove then stated that since the plat is close to the creek even though it is in
Zone X, he has decided to put a finished floor elevation on the plat.
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Chairman Starr then verified for the record that Mr. Hargrove did ask for 47.00 for
River Mist Section One and 37.00 for Foodmaker Subdivision.
Commissioner Glenn made a motion to approve the Final Plat of Foodmaker
Subdivision with the two additional comments made by the City Engineer, and
Commissioner locco seconded the motion.
Motion to approve passed 5 to 0.
L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Cullen Crossing,
16.8478 acres out of lots 15, 16, 31, and 32 of the Allison — Richey Gulf Coast
Home Company's part of Suburban Gardens, the H.T.&B. R.R. Co. Survey,
Section 19, Abstract 234, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with a few comments
and listed them as:
1. One lot number needs to be added to the title block.
2. They need to remove the 30' drainage easement on sheet 1 of the plat.
Commissioner locco asked what the purpose of the reserve was, and Mr. Hargrove
answered that it will be for detention.
Vice-Chairman Scott asked if the City has any lots, and Mr. Hargrove stated that the
City has lots 14 and 15 where the future Westside Service Center will be.
Vice-Chairman Scott made a motion to approve the Final Plat of Cullen Crossing with
the comments made by the City Engineer, and Commissioner Glenn seconded the
motion.
Motion passed 5 to 0.
M. CONSIDERATION & POSSIBLE ACTION — Request for a six month extension
for Bellavita at Green Tee Section 1.
City Engineer Hargrove stated that by this request West Development is being in
compliance with the Subdivision Ordinance and he recommended approval.
Commissioner Beltz made a motion to approve the request for a six month extension
for Bellavita at Green Tee Section 1 and Commissioner locco seconded the approval.
Motion to approve passed 5 to 0.
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N. CONSIDERATION & POSSIBLE ACTION — Building Permit Application for
1115 FM 865 (Cullen).
Director of Community Development & Services Gene Tumlinson explained that Mr.
Durrett is asking for a building permit in a Suburban Development zoning. He has
denied the application and passed it to Planning and Zoning to make a
recommendation to City Council.
Mr. Tumlinson then explained that Mr. Durrett has an opportunity that comes along
once in a lifetime to provide the U.S. Marshalls with a warehouse for storage of cars.
He then stated that Mr. Durrett has a large building and the cars do have to be housed
inside, and there will be security on site. He then stated that the cars of less value will
be kept outside.
Mr. Tumlinson then stated that the owner has applied for zoning, however that can
take up to 90 days, and he needs some kind of answer before then because he is on a
very short contract timeline.
Commissioner Beltz asked if any of it would be from drug related situations, Mr.
Tumlinson replied that there would be cars from drug busts.
Mr. Durrett then explained that the vehicles would come from within Houston and a
175-mile radius.
Commissioners asked how often he would hold the auctions and expressed concern
for traffic. Mr. Durrett then stated that the auctions would be every 3 months.
Mr. Durrett then explained that depending on the crime, drug vehicles can actually be
stored for quite some time depending on the court trials. He then stated that they can
be held for 2 years.
Commissioner Beltz asked if the cars would be inventoried, and Mr. Durrett then
stated that he would be keep inventory of all cars in addition to maintenance, storage,
and cleaning.
Mr. Durrett then stated he is a licensed auctioneer. He then explained to the
Commissioners that the U.S. Marshalls has given him 90 days to be up and going.
Mr. Glenn asked what the current zoning is and Mr. Tumlinson stated that it is
Suburban Development. He then explained that Commercial zoning would work for
this request but Mr. Durrett is concerned about the area on the other side which needs
to be Industrial.
Commercial locco then stated that there hasn't been any Industrial zoning go through
yet on Cullen.
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"' Vice-Chairman Scott then stated that this would act as a permit for a non-conforming
use.
Vice-Chairman Scott made a motion to forward the building permit application for 1115
FM 865 (Cullen) to City Council for approval, and Commissioner Glenn seconded the
motion.
Motion to approve passed 5 to 0.
IV. ADJOURNMENT
The meeting adjourned at 7:45 P.M.
These minutes res.;ctfully sub ' ted by:
-nnifer ,t nzales, Planr g' & Zoning Secretary
Minutes approved as submitted and/or corrected on this sr day of/444e' 1999.
Mary Starr anning Zoning Chairperson
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