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2000-01-17 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, JANUARY 17, 2000 AT 6:30 P.M. IN THE COUNCIL CHAMBERS 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 Commissioner Donald Glenn Commissioner Todd Iocco Commissioner Russ Selemon Director of Community Development And Services Gene Tumlinson City Engineer John Hargrove P & Z Secretary Jennifer Gonzales Vice-Chairman Tommy L. Scott, Commissioner Emil Beltz, and Commissioner Charles Viktorin were absent. II. APPROVAL OF MINUTES: Commissioner Glenn made a motion to approve the December 20, 1999 and January 3, 2000 minutes, and Commissioner Selemon seconded the motion. Motion passed 4 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 847 and Specific Use No. 78 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 with a Specific Use for sandblasting, and painting, (C-S) on the following described property, to wit: 1. Zoning Application No. 847 and Specific Use No. 78 Legal Description: The South 1/2 of Lot 7, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map of record in Vol. 2, pg 23, plat records of Brazoria Co., TX (1027 Cullen Boulevard) Owner: M. R. Alford 1 P.O. Box 218 Pearland, TX 77588 B. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 852 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 property, to wit: 1. Zoning Application No. 852 Legal Description: Being 8.842 acres in the H. T. & B. R.R. Co. survey, A-243, Section 19, Allison Richey Gulf Coast Home Co. subdivision, Vol. 2, pg 23, Brazoria Co. map records (1115 Cullen Boulevard) Owner: Paul Brent Durrett 6120 Brookside Road Pearland, TX 77581 Chairman Starr stated that Items A & B need to be removed from the agenda due to information they received earlier that afternoon. Steve Allison asked Chairman Starr if he could address the Commissioners, and she replied that he could speak briefly. Steve Allison stated that he is there on behalf of Brantley Investments, L.L.C., Paul Brent Durrett, Allison Investments, Inc., and L&B Protective Coatings, Inc. He stated that they are there to make it known that they have joined forces and will accept no less than their rightful zoning. He asked the Commissioners to please turn to page 18 of their Land Use and Urban Development Ordinance, which is the "Purpose of District, pertaining to SD, Suburban Development District Zone." The first line reads, "It is the purpose of the Suburban Development District to classify UNDEVELOPED property until such time as a permanent land use classification can be established." He then stated that these individual parcels of land are not and were not at time of annexation undeveloped, and these parcels of land contained active going businesses that require M-1 and M-2 zoning. He stated that finally, section 43.002, which is a continuation of Land Use, cited from the Texas Local Government Code states: "A municipality may not, after, annexing an area, prohibit a person from: 1. Continuing to use the land in the area in a manner in which the land was being used on the date of the annexation proceedings were instituted if the land was legal at that time; or 2. Beginning to use land in the area in the manner that was planned for the land before the 90th day before the effective date of the annexation if: 2 A) One or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use, and B) A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. He then stated that therefore they are requesting the following zonings: 1115 Cullen Blvd, owner Paul Brent Durrett, requesting M-2 (Heavy Industrial District), 1027 Cullen Blvd, owner L&B Protective Coatings, Inc., requesting M-2 (Heavy Industrial District), 1855 Cullen Blvd, owner Allison Investments, Inc., requesting M-1 (Light Industrial District), 431 Cullen Blvd, owner Paul Brent Durrett, requesting M-2 (Heavy Industrial District), and 4332 Brookside Rd, owner Brantley Investments, LLC, requesting M-2 (Heavy Industrial District). Mr. Allison then made a brief statement explaining that the city chose them, they didn't chose the City, and they will not lose their investment value at the City's discretion. He also stated that they want clean, neat, aesthetically pleasing property just as the City does and so that rental rates will stay up so they will make more money and provide nice work places for the people to work. He then stated that they cannot build and proceed until the City gives them what they are asking for. Mr. Allison then presented a letter to the Planning and Zoning Commissioners from Glover Bryant, L.L.P, Attorneys At Law. C. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 855 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 property, to wit: 1. Zoning Application No. 855 Legal Description: 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, Brazoria Co., TX, (1829 Garden Road) Owner: Daniel & Diane Estes 1829 Garden Road Pearland, TX 77581 Commissioner locco asked what is on both sides of the property, and Director of Community Development and Services Gene Tumlinson replied that to the north is a business and to the south is a business and a residence. He then stated that north of the property has been zoned M-1 and that is not shown on the map. 3 Commissioner Glenn made a motion to forward Zoning Application No. 855 to City Council for approval, and Commissioner Selemon seconded the motion. Motion to approve passed 4 to 0. D. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 856 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 property, to wit: 1. Zoning Application No. 856 Legal Description: .5238 acre tract out of Lot 1, Allison-Richey Gulf Coast Home Co. Subdivision of Section 10, H. T. & B. R.R. Co. survey, A- 505, Brazoria Co., TX (12935 Stone Road) Owner: Byron Stephen Sutherland 514 Snug Harbor Drive Liverpool, Texas 77577 Chairman Starr asked if this property has an address and Mr. Tumlinson stated that there is an address on the telephone pole and that's about it. Chairman Starr then asked if anything around the property has been zoned, and Mr. Tumlinson replied that where West Stone Road and North Stone Road meet there is some residential zoning but that's about it. Chairman Starr then asked what is around the property, and Mr. Tumlinson replied that there is a lot of open area. Commissioner Glenn asked if the Comprehensive Plan has this area is designated as low density, and Mr. Tumlinson replied that it is. Commissioner locco stated that he is undecided and made a motion to table Zoning Application No. 856, and Commissioner Selemon seconded the motion. Motion to table passed 4 to 0. E. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 863 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 property, to wit: 1. Zoning Application No. 863 4 Legal Description: A 5.0002 acre tract of land being the South 1/2 of Lot 34, H. T. & B. R.R. Co. survey, Section 6, A-544, Brazoria Co., TX, according to the map or plat thereof recorded in Vol. 136, pg. 501, deed records of Brazoria Co., TX (O'Day Road) Owner: Janet Milner 2901 Whispering Winds Drive Pearland, TX 77581 Agent: Charlie Eason Chairman Starr asked if everything else is zoned R-2, and Mr. Tumlinson replied that percel #6 directly south is zoned MH (Mobile Home Park District). Commissioner locco made a motion to forward Zoning Application No. 863 to City Council for denial and Commissioner Glenn seconded the motion. Motion to deny passed 4 to 0. F. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 858 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi-Family District (MF) to General Business District (GB) on the following described property, to wit: 1. Zoning Application No. 858 Legal Description: Being 1.986 acres of land situated in Tract "D" of a subdivision of A. C. H. & B. R.R. Co. survey, Section 1, A-147, Brazoria Co., TX (Walnut Street) Owners: Ronnie & Rebecca Acosta 2007 Deepbrook Drive Pearland, TX 77581 Mr. Tumlinson stated that this application needs to be removed from the agenda because it was completed last week. G. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 799 and Specific Use No. 69 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) for a veterinary hospital on the following described property, to wit: 5 1. Zoning Application No. 799 and Specific Use No. 69 Legal Description: Being 6.363 acres out of Lots 49 & 50, Allison-Richey Gulf Coast Home Co. subdivision, Section 85, H. T. & B. R.R. Co. survey, A-305, plat records of Brazoria Co., TX (Broadway Street) Owner: Bobby L. Stevener, D.V.M. 1601 N. Main Pearland, TX 77581 Agent: Jack McGuff, Jr. A.I.A. 5208 Broadway #208 Pearland, TX 77581 Commissioner locco made a motion to forward Zoning Application No. 799 with Specific Use No. 69 to City Council for approval, and Commissioner Selemon seconded the motion. Motion to approve passed 4 to 0. H. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 853, 854, 857, 859, 860, 861, and 862. 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. 853 Legal Description: A 1.0101 acre tract of land known as Lot 10, Bethel Subdivision, Section 2, an unrecorded subdivision of 25.9538 acres out of Lots 39, 40, 55 & 56, Allison-Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-543, Brazoria Co., TX (13842 Stone Road) Owner: John & Sharon Pierson 13842 Stone Road Pearland, TX 77584 2. Zoning Application No. 854 Legal Description: 5.0 acres, more or less, being the North 1/2 of Lot 7, Allison- Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & 6 B. R.R. Co. survey, A-243, Brazoria Co., TX (1025 Cullen Boulevard) Owner: Raymond & Emma Vaughan 925 FM 865 Pearland, TX 77581 3. Zoning Application No. 857 Legal Description: A 3.6419 acre tract known as Lot 7, Bethel Subdivision, Section 2, an unrecorded subdivision of 25.9538 acres out of Lots 39, 40, 55 & 56 of the Allison-Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (13814 Stone Road) Owner: Kim & Julie Davidson 1018 W. Belgravia Drive Pearland, TX 77584 4. Zoning Application No. 859 Legal Description: Lot 4, Block 12, West Lea subdivision, Section 3, Brazoria Co., TX (Manvel Road) Owner: Suzanne P. Spoon 10221 Hanselman Manvel, TX 77578 5. Zoning Application No. 860 Legal Description: 2.99 acres in Lot 57, Allison-Richey Gulf Coast Home Company's part of Suburban Gardens, Section 19, H. T. & B. R. R. Co. survey, A-243, according to the map or plat thereof recorded in Vol. 2, pg 23, of the plat records of Brazoria Co., TX (14001 Garden Road) Owner: Hallie O. Sadberry 2750 Holly Hall Drive Houston, TX 77054 6. Zoning Application No. 861 Legal Description: Lot 13, Block 8, Hickory Creek Place, Brazoria Co., TX (6421 Kelly) Owner: Sherri Hickman 6421 Kelly Drive 7 Pearland, TX 77581 7. Zoning Application No. 862 Legal Description: 1.25 acres of land out of Lot 169, Zycklinski Subdivision, Section 27, H. T. & B. R.R. Co. survey, A-308, Brazoria Co., TX, according to the map or plat thereof in Vol. 29, pg 9, of the deed records of Brazoria Co., TX (119 Herbert Drive) Owner: Jesse H. Bowman & Cary E. McDonald 4317 Well Drive Pearland, TX 77584 Commissioner locco made a motion to remove Zoning Application No. 854 from the group of requests, and Commissioner Selemon seconded the motion. Motion passed 4 to 0. Commissioner Glenn made a motion to remove Zoning Application No. 862 from the group of requests, and Commissioner locco seconded the motion. Motion passed 4 to 0. Commissioner Glenn made a motion to forward Zoning Application Nos. 853, 857, 859, 860, and 861 to City Council for approval, and Commissioner locco seconded the motion. Motion to approve passed 4 to 0. Chairman Starr stated they would start with Zoning Application No. 854. Commissioner locco made a motion to forward Zoning Application No. 854 to City Council for denial because the property is not consistent with what is on the road, and Commissioner Selemon seconded the motion. Commissioner Glenn stated that the two properties south are the ones that pulled their applications from the agenda tonight, and Commissioner locco added that south of the property is Commercial or even Industrial. Commissioner Selemon asked if they should table this application until the properties south are taken care of, and Chairman Starr stated that they have to act on the motion that has been made and she called for a vote. Motion to deny passed 4 to 0. Chairman Starr then stated that they will continue with Zoning Application No. 862. 8 Commissioner Glenn then asked Mr. Tumlinson if there has been any zoning, and Mr. Tumlinson replied that the area is all new territory. Mr. Tumlinson then stated that he has misinformed the Commissioners and the area is yellow which is low density in the Comprehensive Plan. Commissioner Glenn made a motion to forward Zoning Application No. 862 to City Council for approval, and Commissioner locco seconded the motion. Motion to approve passed 4 to 0. I. CONSIDERATION & POSSIBLE ACTION — A Final Plat of Autumn Lake Section One, a subdivision of 79.6121 acres located in the H.T.& B. R. R. Co. Survey, Abstract 304, Pearland, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval as submitted. Commissioner Glenn made a motion to approve the Final Plat of Autumn Lake Section One, and Commissioner locco seconded the motion. Motion to approve passed 4 to 0. J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch, 1509.432 acres, being a partial replat of the Allison-Richey Gulf Coast Home Co's Part of Suburban Gardens of the T.C.R.R. Co. Survey, Section 3, Abstract 678, T.C.R.R. Co. Survey, Section 4, Abstract 675, H.T.& B. R.R. C. Survey, Section 82, Abstract 565, and the Obediah Pitts Survey, Abstract 717, Brazoria County, Texas of record in Volume 2, page 99, plat records, Brazoria County, Texas. Also being out of the S.G. Haynie Survey, Abstract 212 and the H.T.& B. R. R. Co. Survey, Section 83, Abstract 305, Brazoria County, Texas. City Engineer Hargrove stated that this is an unusual plat and they have presented this to consolidate ownership of all the lands and he introduced David Tinney, of LJA Engineering. David Tinney of LJA Engineering explained that the plat was prepared to consolidate ownership. He then stated that their intentions are to vacate the plat after recordation so that all the property is turned into acreage; however not all the property will all be under one ownership. City Engineer Hargrove then stated that he has other comments and listed them as: 1 . There is confusion in the title block as to what this plat means. 2. The # of Brazoria County Deed References needs to be put on the plat. 3. The plat does not have owner's signatures. 9 He then states that he is concerned because they don't have the mylars tonight. Mr. Tinney explained that he did receive the plat from Mr. Collins today, and he was instructed to give them to Mr. King of Alvin Independent School District for signatures. City Engineer stated his confusion with the title block and the purpose of the plat, and Mr. Tinney stated that he does not feel the plat needs to be titled a "replat" because there has not been any previous plats. An agreement was made that Mr. Tinney would get all the signature's on the plat, change the "reason for plat" block, and add recordation numbers of outside easements, and he will bring the corrected and signed mylars for signatures at the next meeting. Commissioner Glenn made a motion to approve the Final Plat of Shadow Creek Ranch with the comments that the owner's signatures are required, the recordation numbers for outside easements are added, and to modify the title block to match the "reason for plat" statement, and Commissioner Selemon seconded the motion. Motion to approve passed 4 to 0. J. CONSIDERATION & POSSIBLE ACTION — Amending Plat of the Final Plat of Clear Creek Park, being a subdivision containing 46.9235 acres located in the Thomas J. Green Survey, A-198, City of Pearland, Brazoria County, Texas. Commissioner locco asked if this will extend across the street, and Mr. Hargrove stated not at this point. City Engineer Hargrove stated that the approval blocks for he and City Attorney, Darrin Coker need to be added. Commissioner Selemon asked if the Parkland Dedication Ordinance applies to this plat, and Mr. Hargrove answered that the ordinance does not apply to this plat. Commissioner locco made a motion to approve the Amending Plat of the Final Plat of Clear Creek Park, and Commissioner Selemon seconded the motion. Motion to approve passed 4 to 0. L. CONSIDERATION & POSSIBLE ACTION — Amending Plat of Southbelt Industrial Park Section 2, being a subdivision of 38.8527 acres located in the R.T. Blackburn Survey, A-160, Harris County, Texas. Commissioner locco asked what the purpose of this plat is and Mr. Hargrove replied that the reason for this plat is to get the Hams County Commissioner's signatures. 10 Commissioner locco then stated that he thinks the original plat is different from this plat as far as the number of lots. Mr. Hargrove then stated that he remembers commenting on the plat that they should renumber but that was taken care of when the final plat was approved. Commissioner locco made a motion to approve the Amending Plat of Southbelt Industrial Park Section 2, and Commissioner Glenn seconded the motion. Motion to approve passed 4 to 0. M. CONSIDERATION & POSSIBLE ACTION — Request for variance from the requirements in the subdivision Ordinance that require building permits to be issued only on platted lots. (Robert & Bari L. Scherrer for 5315 Colonial Ln) City Engineer Hargrove stated that this tract of land had small boundary errors and there has been no further subdivision after March of 1980. He then strongly recommended approval of this variance. Commissioner Glenn made a motion to approve the variance request from the requirements in the Subdivision Ordinance that require building permits to be issued only on platted lots for 5315 Colonial Lane, Commissioner Selemon seconded the motion. Motion to approve passed 4 to 0. IV. ADJOURNMENT The meeting adjourned at 7:35 P.M. 1 hese minutes res et, ully submitt by: A.IV1 nnifer G9za es, Plannin! : Zoning Secretary Minutes approved as submitted and/or corrected on this /// day of7 a 2000. .-ry t.,' , Planni g & Zoning Chairperson 11