1999-09-07 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES — PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,
TEXAS, HELD ON SEPTEMBER 7, 1999, IMMEDIATELY FOLLOWING THE JOINT
PUBLIC HEARING, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY
DRIVE, PEALAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 7:52 P.M. with the following present:
Chairperson Mary Starr
Vice-Chairman Tommy L. Scott
Commissioner Emil Beltz
Commissioner Donald Glenn
Commissioner Todd locco
City Engineer John Hargrove
Chief Building Official Gene Tumlinson
Planning & Zoning Secretary Jennifer Gonzales
II. APPROVAL OF MINUTES:
Commissioner locco made a motion to approve the August 2. 1999 minutes, and
Vice-Chairman Scott seconded the motion.
Motion passed 5 to 0.
Commissioner Emil Beltz made a motion to approve the August 23, 1999 minutes
and Commissioner Glenn seconded the motion.
Motion passed 5 to 0.
III. NEW BUSINESS
A. CONSIDERATION AND POSSIBLE ACTION -Zoning Application No. 655
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:
Legal Description: Lot M, Westgate Park subdivision, H.T. & B. R. Co.
Survey, A-243, according to the plat records of
Brazoria Co., TX (2629 Westgate)
Owner: Orlen W. & Michael P. O'Day
P.O. Box 149
Pearland, TX 77588
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Chief Building Official Gene Tumlinson gave a brief description of the location of the
lot requesting the zone change. He stated that his department has no found no
environmental problems, there has been no past problems with the police, and the
closest residential area is further west.
Commissioner Glenn made a motion to forward zoning application no. 655 to City
Council for approval, and Commissioner Beltz seconded the motion.
Motion passed 5 to 0.
B. CONSIDERATION AND POSSIBLE ACTION -Zoning Application No. 806
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Single Family
Dwelling District (R-1) to Single Family Dwelling District-Planned Unit
Development (R-2 PUD) on the following described properties, to-wit:
Legal Description: Being a 120.417 acre tract in the w.d.c. Hall League,
A-70 and part of Lots 13-24, S.W. Narregang
subdivision, Vol. 1, pg 92 an dalso Lots 1 & 2,
George W. Jenkins Subdivision, Vol. 79, pg 616,
Brazoria Co. Map records
Owner: Amvest Properties
7676 Woodway, Suite 238
Houston, Texas 77063
Agent: Ken Caffey
Chief Building Official Gene Tumlinson stated that this application was one of the
applications they just had a Joint Public Hearing on.
Commissioner Beltz had concerns about what would be used as an access if the
subdivision would be built before the Pearland Parkway would be completed.
Chairman Mary Starr explained that their access would be through Dixie Farm and
reminded the Commissioners that the developer has created an additional entrance
into the subdivision.
Mr. Tumlinson explained that it would be approximately two years before there
would be any residency. He then stated that it would be in the City's best interest if
there could be development on both sides of Pearland Parkway so that they can
help with the funding of Pearland Parkway.
Commissioner Beltz then expressed his concern for the problems that the
construction could cause, and Mr. Tumlinson explained that the construction would
be laid out in five different sections and would be done in different stages.
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The commissioners then agreed that most of the issues such as streets and
drainage will be worked out by the Engineering department when the plats are
submitted.
Commisisoner Beltz made a motion to forward zoning application no. 806 to City
Council for approval, and Commissioner Glenn seconded the motion.
Motion passed 4 to 1.
C. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 736
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:
Legal Description: Lot 13, Section 2, Bethel Estates (13860 Stone Road)
Owner: Albert & Gloria Melgoza
1126 Woodbridge Avenue
Pearland, Texas 77584
Vice-Chairman Scott made a motion to forward zoning application no. 736 to City
Council for approval, and Commissioner locco seconded the motion.
Motion passed 5 to 0.
D. CONSIDERATION AND POSSIBE ACTION — Zoning Application Nos.788 &
789
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:
1. Zoning Application No. 788
Legal Description: Being a 4.9794 acre tract out of Lots 76 & 77, Figland
Orchard subdivision No. 1, Section 13, H. T. & B.
R.R. Co. Survey, A-240, recorded in Vol. 3, pg 77,
plat records of Brazoria Co., TX
Owner: Clyde Williams/Brian Williams
P.O. Box 1519
Pearland, TX 77588
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2. Zoning Application No. 789
Legal Description: Being 0.7516 acres out of Tract 33, Figland
subdivision, H. T. & B. R.R. Co. Survey, Section 13,
A-240, plat records of Brazoria Co., TX (3029 Wagon
Trail)
Owner: Clyde L. Williams
P.O. Box 1519
Pearland, Texas 77588
Chief Building Official Gene Tumlinson stated that this is Redd's Automotive and
has been there for a very long time. He then stated that the place is often
misinterpreted as a junk yard. He stated this is only a place that picks up cars that
are wrecked or broke down and are kept there until the owner or insurance
company picks them up.
Vice-Chairman Scott made a motion to forward zoning application nos. 788 and 789
to City Council for approval, and Commissioner Glenn seconded the motion.
E. CONSIDERATION AND POSSIBLE ACTION.— Zoning Application No. 796
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification General Business
District (GB) to Commercial District (C) on the following described properties,
to-wit:
1. Zoning Application No. 796
Legal Description: Lot A, Section 3, Garden Acres subdivision, as
recorded in the plat records of Brazoria Co., TX
(6117 Broadway)
Owner: R. West Development
6302 Broadway
Pearland, Texas 77584
Commissioner Beltz made a motion to forward zoning application no. 796 to City
Council for approval, and Commissioner locco seconded the motion.
Motion passed 5 to 0.
F. CONSIDERATION AND POSSIBLE ACTION — Zoning Application No. 807
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Light Industrial
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District (M-1) to Commercial District (C) on the following described properties,
to-wit:
1. Zoning Application No. 807
Legal Description: Being a 4.3026 acre tract, the North 1/2 of Lot 38,
Section 2, H. T. & B. R.R. Co. Survey, A-542,
according to the plat records of Brazoria Co., TX
(1702 N. Main)
Owner: Dave A. Ferri
1702 N. Main
Pearland, Texas 77581
Agent: Bobby Thompson
Vice-Chairman Scott made a motion to forward zoning application no. 807 to City
Council for approval, and Commissioner locco seconded the motion.
Motion passed 5 to 0.
G. CONSIDERATION AND POSSIBLE ACTION —Zoning Application No. 802
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 Office Professional District (OP) on the following
described properties, to-wit:
1. Zoning Application No. 802
Legal Description: Being 0.459 acres in the Northwest 1/4 of the
Northwest 1/4 of Section 11, H. T. & B. R.R. Co.
Survey, A-239, recorded in Vol. 1317, pg 411, Deed
records of Brazoria Co., TX (4702 W. Walnut)
Owner: Charles P. Watson
2412 Sheila
Pearland, Texas 77581
Agent: Teresa G. Watson
Chief Building Official Gene Tumlinson stated that this is residence that has been
vacant for years and the owner would like to sell the property to someone who is
looking to relocate her beauty shop.
Commissioner Beltz made a motion to forward zoning application no. 802 to City
Council for approval, and Vice-Chairman Scott seconded the motion.
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H. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 808
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification General Business
District (GB) to Multi-Family District (MF) on the following described
properties, to-wit:
1. Zoning Application No. 808
Legal Description: Being Lots 41-44, Block 6, of Old Pearland Townsite
plat, according to the plat records of Brazoria Co.,
TX (2214 N. Grand Blvd)
Owner: Pat Burkett
3800 Halik Road #1
Pearland, Texas 77581
Per written request from Pat Burkett, Zone Change Application No. 808 requesting
Multi-Family zoning was changed to Specific Use No. 73 to allow a duplex to be
built in a General Business zone. Ms. Burkett removed the garage apartment from
her original request, therefore, the Multi-Family zoning was not necessary.
Commissioner locco made a motion to forward zoning application no. 808 as a
General Business Specific Use to City Council for approval, and Vice-Chairman
Scott seconded the motion.
Motion passed 5 to 0.
I. CONSIDERATION AND POSSIBLE ACTION — Zoning Application No. 804
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 Mobile Home District (MH) on the following
described properties, to-wit:
1. Zoning Application No. 804
Legal Description: Being Lots 36 & 36A out of Section 6, H. T. & B. R.R.
Co. Survey, A-544, recorded in Vol. 136, pg 501, deed
records of Brazoria Co., TX
Owner: John David Hammond
5214 Braesvalley Drive
Houston, Texas 77096
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Chief Building Official Gene Tumlinson stated that this is an existing mobile home
park.
Commissioner locco asked how many trailers were in the park, and Mr. Tumlinson
answered 15 to 18.
Commissioner locco then stated that if they do not approve this park then they will
not be able to make any improvements.
Vice-Chairman Scott then agreed and stated that if the application is passed then
they would have to better themselves by addressing the City's codes.
Commissioner locco asked if anyone spoke in favor of or objected to the zone
change request at the Joint Public Hearing.
Mr. Tumlinson stated that his neighbor did speak in support of the request. He then
reminded the commissioners that they are just zoning the property right now but the
park will have to plat the area and that's when drainage and other issues will be
handled.
Vice-Chairman Scott made a motion to forward zoning application no. 804 to City
Council for approval and Commissioner Glenn seconded the motion.
Motion passed 5 to 0.
J. CONSIDERATION AND POSSIBLE ACTION — Zoning Application Nos. 660,
752, 785, 786, 787, 803, AND 805.
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:
1. Zoning Application No. 660
Legal Description: Being Lot 128, Ruch Subdivision addition, according
to the map recorded in Vol. 13, pg 66, plat records of
Brazoria Co., TX (6014 Josephine)
Owner: Sherry John
6014 Josephine
Pearland, Texas 77584
2. Zoning Application No. 752
Legal Description: Being 0.950 acres and being partial Lots 49-50, a.k.a.
Lot 10, H. T. & B. R.R. Co. Survey, A-234, Vol. 2, pgs
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23-24, plat records of Brazoria Co., TX (13659 Roy
Road, Lot#10)
Owner: Lanh Thi Bucek
13659 Roy Road #10
Pearland, Texas 77581
3. Zoning Application No. 785
Legal Description: Lot 5, Block 3, Wagon Wheel addition, Section 14, H.
T. & B. R.R. Co. Survey, A-509, according to a plat or
map recorded in Vol. 8, pg 79, plat records of
Brazoria Co., TX (6118 Jerrycrest)
Owner: John C. Cole
2950 Piper
Pearland, Texas 77584
4. Zoning Application No. 786
Legal Description: Lot 16, Block 2, ' Skyway Manor Subdivision,
according to the map or plat recorded in Vol. 7, pg
67, plat records of Brazoria Co., TX (2950 Piper)
Owner: John C. Cole
2950 Piper
Pearland, Texas 77584
5. Zoning Application No. 787
Legal Description: Lot 7, Block 3, 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 (6202 Jerrycrest)
Owner: John C. Cole
2950 Piper
Pearland, Texas 77584
6. Zoning Application No. 803
Legal Description: Being 1.1478 acres, more or less, a.k.a. Lot 5, Bethel
Subdivision, Section 2, out of Section 19, H. T. & B.
R.R. Co. Survey, A-243, deed records of Brazoria
Co., TX (2041 Lee Road)
Owner: Steven & Donna Norton
15910 Fm 529 #1201
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Houston, Texas 77095
7. Zoning Application No. 805
Legal Description: Being Lots 7 & 8, Block 6, Wagon Wheel addition, H.
T. & B. R.R. Co. Survey, A-509, according to the plat
records of Brazoria Co., TX (16011 Wagon Trail)
Owner: David & Joy Courtney
3419 Meadowlark Way
Pearland, Texas 77584
Commissioner Beltz stated that application no. 752 is actually a mobile home.
Chief Building Official Gene Tumlinson explained that there is presently a mobile
home on the property, and under the ordinance it would be considered a non-
conforming use until it falls then it will have to be placed by a stick built home. He
then stated that by federal laws they cannot deny them any repairing that may need
to be done, however they can not bring in another mobile home.
Commissioner locco made a motion to forward Zoning application nos. 660, 752,
785, 786, 787, 803, and 805 to City Council for approval, and Commissioner Glenn
seconded the motion.
Motion passed 5 to 0.
K. CONSIDERATION AND POSSIBLE ACTION — Final Plat of Fieldstone
Village Section 1 at Silverlake, a subdivision of 28.4094 acres of land out of
the A.C.H. & B. Co. Survey, Abstract No. 415 and the John W. Maxey, Abstract
No. 721, Brazoria County, Texas.
Variance Request:
1. Use of 20-foot building line setbacks on lots fronting the bulb portion of
cul-de-sacs.
2. Use of 5-foot side lot building line setbacks.
3. Use of cul-de-sacs greater than 600 feet in length.
City Engineer Hargrove stated that staff recommends approval with comments that
need to be taken care of and listed them as:
1. There needs to be recorded information for utility easements outside
boundaries.
2. A letter needs to be submitted from Manvel waiving any rights to the approval
of the plat.
3. Dedication signatures are needed.
4. The construction drawings need to be approved.
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Commissioner Beltz asked if Manvel has decided to stay out of the platting process,
and Mr. Hargrove stated that this is his "understanding" and that is why he is
requesting written notice that they want no part of this.
Commissioner Beltz made a motion to approve the Final Plat of Fieldstone Village
Section 1 at Silverlake with the variance and the comments outlined by the City
Engineer to have recordation of the utility easements outside of the boundaries, a
letter from Manvel, dedication signatures, and approved construction drawings.
Commissioner Glenn seconded the motion.
Motion passed 4 to 1.
L. CONSIDERATION AND POSSIBLE ACTION — Final Plat of Sedgefield
Section at Silverlake, a subdivision of 40.6010 acres of land out of the George
C. Smith Survey, Abstract No. 548 and the John W. Maxey Survey, Abstract
No. 721, Brazoria County, Texas.
Variance Request:
1. Use of 20-foot building line setbacks on lots fronting the bulb portion of
cul-de-sacs.
2. Use of 5-foot side lot building line setbacks.
3. Use of cul-de-sacs greater than 600 feet in length.
City Engineer Hargrove requested approval as submitted with one comment that
they will need to remove Chris Cookson's name from the signature block and he
stated that he has no problem with having this done in his office the next morning.
Vice-Chairman Scott asked if this is in Manvel's ETJ, and Mr. Hargrove replied that
it is only in Pearland's ETJ.
Commissioner locco made a motion to approve the Final Plat of Sedgefield Section
4 at Silverlake, and Commissioner Glenn seconded the motion.
Motion passed 4 to 1.
M. CONSIDERATION AND POSSIBLE ACTION — Partial Replat of Audubon
Place, Section One, 1.4686 acres, being all of lots 4 & 5, Block 2, and reserve
"G", of the replat of Final Plat Audubon Place, Section One, Vol 20, pg 195-
196, B.C.P.R., H.T.&B. R.R. Co. Survey, A-509, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends tabling because this replat
requires a Joint Public Hearing.
Commissioner Glenn made a motion to table the Partial Replat of Audubon Place
Section One, and Commissioner locco seconded the motion.
Motion passed 5 to 0.
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N. CONSIDERATION AND POSSIBLE ACTION — Final Plat of Lowe's Home
Center, Pearland, a subdivision of 17.9950 acres out of the Thomas J. Green
Survey, Abstract 198, Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the note that he
will withhold his signature until the construction drawings are approved.
Commissioner Glenn made a motion to approve the Final Plat of Lowe's —
Pearland, and Vice-Chairman Scott seconded the motion.
Motion passed 4 to 0 (1 abstention).
O. CONSIDERATION AND POSSIBLE ACTION — Final Plat of Alexander
Landing Section 5, being a 6.7318 acre tract of land out of the Thomas J.
Green Survey Abstract — 198 in the City of Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the notes that
two names need to be removed from the Planning and Zoning signature block, and
the plat still needs the owner's signatures.
Vice-Chairman Scott made a motion to approve the Final Plat of Alexander Landing
Section 5 with the comment made by the City Engineer to delete two names off the
plat and to have the owner's signatures on the plat. Commissioner Beltz then
seconded the motion.
Motion passed 5 to 0.
P. DISCUSSION ITEM — Lakewood Estates General Land Plan for the 283 acre
tract of land at the intersection of Max Road and FM 518.
City Engineer Hargrove stated that staff continues to be negative about lots on Max
Rd and CR 560. He explained that he does not like the alignment of a Public road
and the existing road to the east of Max road, and he stated that he would like this
reworked.
Mr. Hargrove then stated that he does not like the 70' R.O.W., even though the
ordinance states that 70' is o.k. He then stated that he would really recommend 80'.
He also stated that he would like the so-called Public Road to swing further north
faster, and CR 560 needs to swing further west.
Mr. Hargrove then stated that he has no other restrictions or comments for now.
Vice-Chairman Scott stated that he does not like the Private Roads.
Paul Lippke and Tommy McDonald from The Landtech Group, Inc. with Peyton
Martin attended the meeting to answer any questions.
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Paul Lippke gave a brief presentation. He stated that this is his third time to try and
develop the area and he is now down to 186 lots. He stated that it will be a gated
community.
City Engineer reminded the Commissioners that this is MUD 16.
Peyton Martin, the owner, stated that there will be a camera monitored security
system.
Vice-Chairman Scott stated that he would like the streets to be "U" shaped.
Commissioner Beltz asked if there are any other subdivisions with private streets,
and Mr. Hargrove stated that there were a few of them. He gave Audubon Place as
an example.
Commissioner locco stated that it is a neat idea and it is something different for our
community and Chairman Mary Starr agreed.
Q. DISCUSSION ITEM - Dr. John Massey, regarding property rights during
platting process.
Dr. John Massey spoke briefly on how he thinks the City's subdivision ordinance
should be more consistent with the law in drilling and mineral rights.
IV. ADJOURNMENT
The meeting adjourned at 9:25 P.M.
These minutes resp-ct ullllyvsubm. ed by:
Je ifer Go . -s, ' annin Zoning Secretary
Minutes approved as submitted and/or corrected on this 4 day of(7/,/,-, 1999.
•
:ry Sta`►, tanning & Zoning Chairman
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