2000-03-06 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION
HELD ON MONDAY, MARCH 6, 2000 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 6:05 P.M. with the following present:
Chairperson Mary Starr
Vice-Chairman Tommy L. Scott
Commissioner Emil A. Beltz
Commissioner Donald Glenn
Commissioner Russ Selemon
City Engineer John Hargrove
Director of Community
Development & Services Gene Tumlinson
P & Z Secretary Jennifer Gonzales
Commissioner Charles Viktorin and Commissioner Todd locco were absent.
II. APPROVAL OF MINUTES
Vice-Chairman Scott made a motion to approve the February 21 , 2000 minutes and
Commissioner Beltz seconded the motion.
Motion passed 5 to 0.
Ill. NEW BUSINESS
Chairperson Starr stated that they would need to start with agenda item J because
City Engineer Hargrove needed to attend another meeting.
J. CONSIDERATION & POSSIBLE ACTION - Final Plat of Bellavita at Green Tee
Section One, Being 55.9481 acres of land in the W.D.C. Hall Survey, A-23
Hams County, Texas.
Variance Request:
1. Use of a 3-foot side building setbacks on lots 1 and 9 of block 1; lots 1,
10, 11, and 14 of block 2; lots 1 and 21 of block 3; lots 1, 10, 11, and 13 of
block 4; lots 1, 37, 38, and 51 of block 5; and lots 1, 19, 20, and 26 of block
6.
City Engineer Hargrove stated that he first of all recommends acceptance of the
requested variance and explained that the lots requested are adjacent to landscape
reserves and this is noted on the plat.
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Mr. Hargrove then stated that staff recommends approval with the following
comments:
1. There is a minor error of the city limits on the vicinity map.
2. The subordination statement by the bank has a blank line that needs to be
filled.
3. The 8' external easements on the north and south bound still requires Harris
County Deed Records with the volume and page number.
Commissioner Beltz made a motion to approve the Final Plat of Bellavita with the
variance and the three comments outlined by the City Engineer, and Commissioner
Glenn seconded the motion.
Motion to approve passed 5 to 0.
A. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 897
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. 897
Legal Description: Tract I: Being 4.52 acres of land, more or less; and Tract II:
Being 15.23 acres of land, more or less, both tracts being out
of the W.T. Dobson Survey, A-187, Brazoria Co., TX (12932
Stone Road)
Owner: Paul & Katherine Urbanek
5417 Brookside Road
Pearland, TX 77581
Vice-Chairman Scott stated that this application confused him and asked if this
property is located across the street from the R-1 request, and Director of Community
Development and Services Tumlinson replied that he is correct and there are actually
two R-1's across the street that are pending.
Vice-Chairman Scott made a motion to forward Zoning Application No. 897 to City
Council for denial and Commissioner Selemon seconded the motion.
Motion to deny passed 5 to 0.
B. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 889
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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. 889
Legal Description: 16.7 acres out of Lot 30, A-304, Brazoria Co, TX (Broadway
Street @ Wooten Road)
Owner: F.A.S.H. Family Partnership 1992
3 Riverway, Suite 120
Houston, TX 77056
Agent: Charlie Eason
Vice-Chairman Scott made a motion to forward Zoning Application No. 889 to City
Council for approval and Commissioner Glenn seconded the motion.
Motion to approve passed 5 to 0.
C. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 891
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. 891
Legal Description: A 5.00 acre tract of land out of Section 17, H. T. & B. R.R. Co.
survey, A-242, Brazoria Co., TX, as described in deed records
in Vol. 1318, pg 843, of the deed records of Brazoria Co, TX
(Manvel Road)
Owner: Hardcastle Family Limited Partnership
P.O. Box 846
Pearland, TX 77588
Agent: E. Mauris Hardcastle
Vice-Chairman Scott made a motion to forward Zoning Application No. 891 to City
Council for approval and Commissioner Selemon seconded the motion.
Motion to approve passed 5 to 0.
D. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 892
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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. 892
Legal Description: 2.4277 acres of land, more or less, out of Tract 39 out of the
Allison Richey Gulf Coast Home Co. Subdivision, Section 85,
H. T. & B. R.R. Co. survey, A-304, Brazoria Co., TX (Miller
Ranch Road)
Owners: Kimberly G. Durrett
P.O. Box 3037
Pearland, TX 77588
Vice-Chairman Scott stated that during the Joint Public Hearing held last week that
there was a lot of discussion regarding the property owner "jumping the gun." Mr.
Scott then asked if the problem has been resolved.
Director of Community Development & Services Gene Tumlinson stated that the
problem has not and probably will not be resolved. He then explained that the
complaints are coming from the property already zoned Commercial, and that is where
the "Astro Concrete" plant already exists. It is a thriving business, and it is already
zoned so it will continue to be a business. Kim Durrett has bought the 19 acres that
adjoins these properties which is wrapped all around this residence. She wants to
zone this Commercial and leaving the remainder of this Suburban Development as a
buffer between the residence and the business. He stated that the map is not exactly
correct and explained that the Commercial property goes straight back and this is an
extension of the existing property. He stated that they currently have a drainage plan
with the Engineering department to bring fill in, and they jumped the gun and started
parking some trucks on the property. He then stated the truth of the matter is, if the
zoning is denied we will have to go out there and ask them to remove the trucks.
Commissioner Selemon stated that he has driven by out there and the southern side is
empty, and there is two "For Sale" signs out there, and Mr. Tumlinson explained that
the Durretts are divorcing and the properties are being split up and they will probably
be sold.
Commissioner Beltz showed concern about the map not being updated, and Mr.
Tumlinson apologized and stated that they should not have that problem anymore
because they are slowing things down.
Commissioner Selemon questioned what would happen if they leave the property SD
because the building does look nice, and Mr. Tumlinson replied that the portion that
they are concerned about tonight is the portion that is being used for equipment
parking and if it is denied she can no longer do this.
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Mr. Selemon stated that from what he has heard there has been a flagrant disregard
from the other citizens and this is not a good neighbor. Mr. Tumlinson reminded Mr.
Selemon that he has only heard one side of the story, and Mrs. Durrett has made
numerous attempts to pacify the citizens.
Vice-Chairman Scott made a motion to forward Zoning Application No. 890 to City
Council for approval and Commissioner Donald Glenn seconded the motion.
Motion to approve passed 4 to 0 (1 abstention).
E. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 893
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. 893
Legal Description: 4.6945 acres of land situated in the Northeast 1/4 of Section
17, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX, being a
part of land described in Vol. 103, pg 156 and Vol. 233, pg
452, of the deed records of Brazoria Co., TX (2932 Manvel
Road)
Owners: Arne W. Pepin
2933 Manvel Road
Pearland, TX 77584
Commissioner Beltz made a motion to forward Zoning Application No. 893 to City
Council for approval and Vice-Chairman Scott seconded the motion.
Motion to approve passed 5 to 0.
F. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 903
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. 903
Legal Description: 1 acre out of a 2.25 acre tract out of the H. T. & B. R.R. Co.
survey, Section 20, A-506, out of Lot 49, Allison Richey Gulf
Coast Home Subdivision, as recorded in Vol. 1213, pg 323,
deed records of Brazoria Co., TX (4208 Hawk Road)
Owners: T.P. Three Enterprises, Inc.
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4230 Hawk Road
Pearland, TX 77584
Commissioner Beltz asked if there has been any other zoning other then the R-1 on
the map, and Director of Community Development and Services Tumlinson replied
that there has been no other zoning.
Vice-Chairman Scott stated that this is an existing business and if you look to zoning
application no. 905, they are requesting an R-1. He then asked if the properties are
separate and Mr. Tumlinson replied that they are two separate properties.
Commissioner Glenn made a motion to forward Zoning Application No. 903 to City
Council for approval and Commissioner Selemon seconded the motion.
Motion to approve passed 5 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 904 and
Specific Use No. 79
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 - Specific Use (C-S) to allow forklift repair on the
following described property, to wit:
1. Zoning Application No. 904 and Specific Use No. 79
Legal Description: 5 acres, more or less, out of the North 1/2 of the Allison Richey
Gulf Coast Home Co. subdivision, Section 19, A-243, as
recorded in Vol. 2, pg 24, of the plat records of Brazoria Co.,
TX (1010 Lee Road)
Owner: Timothy S. Pounds
1010 Lee Road
Pearland, TX 77581
Vice-Chairman Scott stated that this is a difficult request and he would rather it be
residential with a specific use.
Mr. Tumlinson stated that we would have to go back and re-advertise the whole
application. He then agreed with Mr. Scott and stated that it is at the end of the road,
but heavy equipment will be going to a residential road.
Vice-Chairman Scott made a motion to forward Zoning Application No. 904 with a
Specific Use no. 79 to City Council for denial and Commissioner Selemon seconded
the motion.
Motion to deny passed 5 to 0.
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H. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 886
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. 886
Legal Description: Part of Lot J in Westgate Park Subdivision, Brazoria Co., TX
(2555 Westgate)
Owner: Edwin Anderson
4034 Avanti Drive
Pearland, TX 77584
Agent: Johnston Builders and Associates
Vice-Chairman Scott made a motion to forward Zoning Application No. 886 to City
Council for approval and Commissioner Glenn seconded the motion.
Motion to approve passed 5 to 0.
I. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 792, 884,
888, 895, & 905.
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. 792
Legal Description: 2.00 acres of land out of Lot 22, Allison Richey Gulf Coast
Home Co. Subdivision, Section 20, H. T. & B. R.R. Co. survey,
A-506, Brazoria Co., TX according to a map or plat recorded
in Vol. 2, pg 23, of the plat records of Brazoria Co., TX (1107
Linda Lane)
Owner: Brent A. Brown
1107 Linda Lane
Pearland, TX 77584
2. Zoning Application No. 884
Legal Description: .4537 acres out of the South 1/2 of Lot 25 of Allison Richey
Gulf Coast Home Co. Subdivision, Section 7, A-219, Brazoria
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Co., TX, according to the map or plat thereof recorded in Vol.
2, pg 23, plat records of Brazoria Co., TX (O'Day Road)
Owner: George V. & Vivian R. Johnson
Rt. 4, Box 3718
Trinity, TX 75862
3. Zoning Application No. 888
Legal Description: A 5.9136 acre tract of land out of a called 9.29 acre tract out
of the South 1/2 of Lot 30, Allison Richey Gulf Coast Home Co.
Subdivision, Section 21, H. T. & B. R.R. Co. survey, A-309,
Brazoria Co., TX (Fite Road)
Owner: Freeman T. II & 011ie Wyche
4610 Northfork Drive
Pearland, TX 77584
4. Zoning Application No. 895
Legal Description: 3.00 acres of land, more of less, being a part of Lots 58 & 59,
Allison Richey Gulf Coast Home Co. Subdivision, Section 19,
H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (14202
Gardens Road (Hawk Meadows Road))
Owner: Joe D. & Carol McWhorter
14202 CR 556
Pearland, TX 77581
5. Zoning Application No. 905
Legal Description: 2.75 acres, more or less, out of the H. T. & B. R.R. Co. survey,
Section 20, A-506, out of Lot 49A, Allison Richey Gulf Coast
Home Co. Subdivision, Brazoria Co., TX (4230 Hawk Road)
Owner: T.P. Three Enterprises, Inc.
4230 Hawk Road
Pearland, TX 77584
Commissioner Glenn made a motion to forward Zoning Application Nos. 792, 884,
888, 895, and 905 to City Council for approval and Commissioner Beltz seconded the
motion.
Motion to approve passed 5 to 0.
IV. NEXT MEETING DATES: March 13, 2000 (Workshop with City Council)
March 20, 2000 (Regular Meeting)
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IV. ADJOURNMENT
'm. The meeting adjourned at 7:15 P.M.
These minutes respectfully submitted by:
J rt 14
ifer G l; es Pla ng & Zoning Secretary
Minutes approved as submitted and/or corrected on this 15 day of Ni , 2000.
M irrll&-ir
, Planning & Zoning Chairperson
di .
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