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2001-11-12 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPlanning and Zoning Commission MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 12, 2001, IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I.CALL TO ORDER The meeting was called to order with the following present: P&Z Chairman H. Charles Viktorin P&Z Vice-Chairman Donald Glenn P&Z Commissioner Todd Iocco P&Z Commissioner Kevin McDonald P&Z Commissioner Don Sederdahl P&Z Commissioner Russ Selemon Development Coordinator Mona Phipps Plans and Plant Administrator Richard Keller P&Z Secretary Jennifer Gonzales P&Z Commissioner Robert Scherrer was absent. II. APPROVAL OF MINUTES: November 5, 2001 Commissioner Iocco made a motion to approve the November 5, 2001 minutes as presented with a second made by Commissioner McDonald. Motion to approve passed 6 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1007 Request 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: Zone Change Application No. 1007 Legal Description: Lot H, Westgate Park Subdivision, Brazoria Co., TX (2550 Westgate Street) Owner: Ronnie P. Mueller and John A. Mueller 9421 W. Sterling Drive Pearland, TX 77584 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 1 Planning and Zoning Commission Commissioner McDonald made a motion to forward zoning Application No. 1007 to City Council for approval with a second made by Commissioner Selemon. Commissioner Sederdahl asked if the other Commissioners took the time to read the Public Comment Form and they stated that they did. Development Coordinator Mona Phipps stated that there would be code enforcement to check on the things listed in the comment form. Motion to approve passed 6 to 0. Commissioner Selemon reminded the owner that the Commission does not make the final decision and that they only send their recommendation to City Council. B. CONSIDERATION & POSSIBLE ACTION— Specific Use Application No. 98 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Commercial District (C) to Commercial District- Specific Use (C(S)) to allow a second phase of mini-storage warehouses to be built on the following described property, to wit: Specific Use Application No. 98 Legal Description: Lot 1, Broadway West subdivision, out of Lot 20, Allison Richey Gulf Coast Home Co.'s Suburban Garden Subd., as recorded in Volume 2, pg 107-108, Brazoria Co. Plat Records, Brazoria Co., TX (10401 Broadway Street) Owner: 518 Investments, Ltd. 7757 San Felipe, Suite 204 Houston, TX 77063 Agent: Michael Pollok Commissioner Sederdahl made a motion to forward Specific Use Application NO. 98 to City Council for approval with a second made by Commissioner Iocco. Commissioner McDonald asked if Commissioner Iocco was looking to see if a wall would be put up, and Mr. Iocco explained that he was curious about whether or not there is going to be masonry since it is facing the highway. Development Coordinator Mona Phipps explained that the request would have to meet the facade requirements. Motion to approve passed 6 to 0. Mission Statement. To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 2 Planning and Zoning Commission C. CONSIDERATION & POSSIBLE ACTION— Specific Use Application No. 96 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Suburban Development District-Specific Use (SD(S)) to allow a school to be built on the following described property, to wit: Specific Use Application No. 96 Legal Description: 86.913 acres, Section 15, H. T. & B. R.R. Co. survey, A-241, out of the John Massey 160 acre tract recorded in Vol. 708, pg 109, Brazoria Co. Deed Records, and being part of a 10 acre tract recorded in Vol. 1220, pg 413, Brazoria Co Deed Records, Brazoria Co., TX (Manvel Road @ Fite Road) Owner: Pearland I.S.D. P.O. Box 7 Pearland, TX 77581 Agent: Phillip Rutter of PBK Architects, Inc. Commissioner Iocco made a motion to forward Specific Use Application No. 96 to City Council for approval with a second by Commissioner Sederdahl. Commissioner Iocco stated for the record that the issue regarding the airstrip is a Federal issue and the Commission is dealing with the land use issue. He stated that the school would have to deal with FAA. Commissioner Sederdahl agreed and stated that this goes beyond the jurisdiction of the Commission. Commissioner Selemon asked if the trapezoid goes in the runway, and Mr. Wells showed a map of the trapezoid. Mr. Selemon then asked if there were any homes in the trapezoid and Mr. Wells replied that.there is not and he pointed out that there is a setback. Commissioner McDonald asked why they are even continuing with the application after what the City Attorney stated, and Commissioner Iocco replied that after speaking with Tobin Maples, he learned that PISD always comes to the City with their plans as a courtesy. Motion to approve passed 6 to 0. dm. D. CONSIDERATION & POSSIBLE ACTION —Specific Use Application No. 97 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 3 Planning and Zoning Commission Request for an amendment to the Land Use and Urban Dtevelopment Ordinance of said City from classification Suburban Development District Residential (SD-R) to Suburban Development District Residential - Specific Use (SD-R(S)) to allow a new school building to be built on the following described property, to wit: Specific Use Application No. 97 Legal Description: 36.34 acres out of 41.34 acres, being a part of A.C.H. & B., Section 1, A-147, Brazoria Co., TX (2316 Old Alvin Road) Owner: Pearland I.S.D. P.O. Box 7 Pearland, TX 77581 Agent: Phillip Rutter of PBK Architect Vice-Chairman Glenn made a motion to forward Specific Use Application No. 97 to City Council for approval with a second by Commissioner Sederdahl. Motion to approve passed 6 to 0. E. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 997 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Mobile Home Park District (MH) on the following described property, to wit: Zone Change Application No. 997 Legal Description: 29.9980 acres of land, being all of Lots 10, 11 and 34, Allison Richey Gulf Coast Home Co. subdivision, Section 8, H. T. & B. R.R. Co. survey, A-504, recorded in Vol. 2, pg 24, plat records of Brazoria Co., TX (1938 Garden Road) Owner: CMH Parks, Inc. 5000 Clayton Road, Dept 203A Maryville, TN 37804 Agent: Jack Willis, Manager of Raintree Estates Commissioner Sederdahl made a motion to forward Zoning Application No. 997 to City Council for approval with a second made by Vice-Chairman Glenn. Commissioner Iocco stated that he thinks the map is misrepresented and he stated that the AN. shaded area does not match the slides shown. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 4 Planning and Zoning Commission Development Coordinator Mona Phipps stated that staff gets thee property description from the meets and bounds, however, she will verify that the pictures comply with the property description. Ms. Phipps explained to the Commission that since the Stahlheber situation, the City has been very careful about issuing any placements permits to any properties that are not zoned properly. Ms. Phipps explained that staff has asked for the owner to come in and apply for the zoning. She stated that there would probably be more applications for mobile home parks coming, however, some will not even be able to apply because their acreage is less than three acres. Commissioner Iocco pointed out that he believes lots 210-290 are not in the shaded area. Motion to approve passed 6 to 0. F. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1009 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (RE) on the following described property, to wit: Zone Change Application No. 1009 Legal Description: Tract 3, Westchester Estates, Jack C. McKnight Survey, Section 17, H. T. & B. R.R. Co. survey, A-242, as recorded in Volume 12, deed records of Brazoria Co., TX (Westchester Circle) Owner: Walter and Ashley Landry 5502 Cunningham Pearland, TX 77581 Commissioner Iocco stated that he does not think that the frontage meets the 120' requirement. Development Coordinator Mona Phipps stated that staff would verify the footage and they would have to bring up to City Council. Commissioner Selemon verified that you could go to a more restrictive classification, but not a less restrictive with out starting the process over again, and Ms. Phipps agreed. Commissioner Iocco made a motion to forward Zoning Application No. 1009 to City Council for approval with a second by Vice-Chairman Glenn. Commissioner Selemon stated that he is concerned that if the application is tabled or denied then he would like to recommend that the applicant would not have to pay the fees again. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 5 Planning and Zoning Commission Motion to approve passed 6 to 0. IV. NEXT MEETING DATES November 19, 2001 (JPH & Regular P&Z) November 26, 2001 (HGAC Workshop) V. ADJOURNMENT The meeting adjourned at 8:45 p.m. These minutes respect y submit• d by: J0//r7 Je{inlfer Gon 7-s/P .nning(:'Zoning Secretary 1 ry nutes approved as submitted and/or corrected on this 3 day of 1 E2001. aza Charles Viktorin, Planning & Zoning Chairman Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 6