1988-12-20 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEART —AND, TEXAS, HELD ON DECEMBER 20, 1988, AT 7:30 P. M. IN THE COUNCIL CHAMBERS,
CITY HALL, 3519 LIBERTY DRIVE, PEARLAM, TEXAS
The meeting was called to order with the following present:
Chairman
Vice Chairman
Member
Member
Member
Code Enforcement Officer
.Assistant City Secretary
Leroy Savoie
Al Lentz
Clyde Starns
Benny Frank
Helen Beckman
Ernesto Buenrostro
Pat Vaught
Absent from the meeting: Commission Members Mary Starr and James Garner were absent,
having excused absences.
It was moved by Al Lentz, seconded by Helen Beckman, that the minutes of the meeting
of November 29, 1988, be approved as submitted.
Motion passed 3 to 0, with Benny Frank and Clyde Starns abstaining.
NEW BUSINESS
APPROVAL OF PRELIMINARY PLAT OF LOSSEN SUBDIVISION, 0.9984 ACRE TRACT OUT OF THE
W.D.C. HALL LEAGUE, ABSTRACT #70, AS RECORDED IN VOLUME 748, PAGE 668 OF THE DEED
RECORDS OF BRAZCRIA COUNTY. (2005 E. BROADWAY)
Code Enforcement Officer Ernesto Buenrostro stated he had reviewed both the prelimi-
nary and the final plat of Lossen Subdivision and they were in compliance except for
submission of the title certificate which is required by the Subdivision ordinance.
In examining the plat, the Commission discussed net lot sizes and felt these areas
were unclear on the plat, feeling the plat should be so designated that the right -of-
way would become City property and property lines delineated as such.
It was discussed that Lot 1 of an unrecorded addition was being subdivided, while Lot
2, owned by the same individual, also in an unrecorded addition, was not included in
the plat because only the front tract is being transacted at this time. At a
developmental meeting on October 26, 1988, it was determined that the lot sizes did
not fit within the zoning ordinance and Mr. Lossen was advised that in order to plat
he would have to go before the Zoning Board of Adjustment and request a variance from
that Board. On November 7, 1988, the Board granted a variance and Mr. Lossen's next
step was to have it platted because it was found that it was never a platted,
recorded subdivision.
It was determined, if the plats were approved, the buildings will be non - conforming
because they are built over the required building lines. The Commission requested
that Mr. Buenrostro explain to those in the audience having an interest in this
property what constituted a non - conforming building. Mr. Buenrostro explained that
if the buildings were destroyed due to fire, wind, etc., they would have to be recon
structed in full conformance to the ordinance which would mean placing the buildings
which are presently located over the building lines back on the required building
lines.
Member Al Lentz suggested that temporary building lines be drawn on the plat for
future reference so if the building is destroyed the temporary building line will
revert back to 25' under the current zoning ordinance. Code Enforcement Officer
Ernie Buenrostro suggested it could instead be addressed in a letter. The Commission
questioned the permitting process and stated the problem lay with the roadway ease-
ment on Hamm Road. Mr. Lossen stated this had not shown up on the original survey
when he closed.
Mr. Buenrostro explained the building was permitted under the old zoning ordinance
when the area was zoned NS (Neighborhood Service) and as such there was no side yard
requirement unless a non - commercial district abuts a residential district in which a
minimum 10' side yard shall be provided. The Commission discussed front, side and
rear yards under the new and old zoning ordinances and their application to Lots A
and B.
The Commission discussed the zoning of surrounding property and requirements for
building lines abutting these zones.
Chairman Savoie asked for the Zoning Board of Adjustment ruling on this property and
the minutes from this meeting were provided which stated that the Board had granted a
variance to the required minimum lot size of 22,500 square feet and the minimum lot
width of 150 feet on November 7, 1988.
The response as to why this matter went to the Zoning Board of Adjustment before
coming to the Planning and Zoning Commission was that without the ZBA granting the
variance to the minimum lot sizes, it was no use in platting and trying to subdivide.
After much discussion, the Commission agreed it should seek the advice of the city
attorney regarding the authority of the P & Z Commission to grant variances to
building lines and when these issues should be addressed before making an affirmative
motion.
It was moved by Benny Frank, seconded by Al Lentz, that approval of the preliminary
plat of Lossen Subdivision be tabled until an opinion is received from the city
attorney.
Motion passed 5 to 0.
APPROVAL OF FINAL PLAT OF LOSSEN SUBDIVISION, 0.9984 ACRE TRACT OUT OF THE W.D.C.
HALL LF.AaN, ABSTRACT #70, AS RECORDED IN VOLUME 748, PACE 668 OF T[E DEED RECORDS OF
BRAZORRIA COUNTY. (2005 E. BROADWAY)
This item was passed until approval of the preliminary plat could be acted upon.
During this time the Commission discussed the county accepting metes and bounds
instead of approved plats and the city attorney writing a letter to the County
addre ssing this.
APENDMEUT OF ORDINANCE NO. 509-A, SECTION 22, SIGN ORDINANCE
It was moved by Al Lentz, seconded by Benny Frank, to table this item for further
review, study and possible workshop.
Motion passed 5 to 0.
While realizing the need for expediting these needed amendments, the Commission felt
the need for unanimity and correctness. They expressed a desire to know the intent
of the Sign Review Committee on some of the proposed amendments.
RE7ANIM OF VARIOUS SUBDIVISIONS
Code Enforcement Officer Ernesto Buenrostro recommended to the Commission changing
the zones of these subdivisions so they would be more compatible with the use
intended or to the zone it was in the previous ordinance. In the case of the Green
Tee Townhouse Reserve, three blocks, 3, 7, and 8, were previously zoned M -F and
allowed 5' side yards and townhomes on the property lines. The present classifica-
tion, R -3, is more restrictive and does not allow for what is desired to be built in
the area or what was previously allowed.
It was moved by Al Lentz to approve the rezoning of subdivisions as follows: Green
Tee Subdivision Townhouse Reserve, Blocks 3, 7, and 1/2 of 8, Section I and 1/2 of
Block 8, Section II from R -3 to R-4; Corrigan Subdivision, Sections 1 -5 from R -4 to
R -2; Willowick Subdivision from R-4 to R -2; Springfield Subdivision from R -3 to R -2;
and Knottingham Subdivision (no zone indicated) to R -2.
It was noted by Code Enforcement Officer Ernesto Buenrostro that Knottingham Subdivi-
sion should read Sherwood Subdivision.
The maker of the motion amended the motion to change Sherwood Subdivision (instead of
Knottingham) from no zone indicated to R -2. The motion was seconded by Clyde Starns.
Motion passed 5 to 0.
AVENDM[ElU OF MINIMUM PAS AREA 1 FOR TYPICAL PARCIIWI AN= FROM THE
REQUIRED 10' STALL WIDTH TO 9' WIDTH
It was discussed that 9' is the commonly used standard width for parking.
It was moved by Benny Frank, seconded by Helen Beckman, that the 10' stall width be
changed to a 9' stall width.
Motion passed 5 to 0.
COAL DISCUSSION
In a general discussion, the Commission decided not to remove the proposed Amendments
to the Sign Ordinance from the table. They did discuss some of them and felt it
would be profitable to have a workshop with the Sign Ordinance Review Committee at
the next regular meeting.
• 1_ tl �I:�►I
The meeting adjourned at 9:28 P. M.
Minutes approved as submitted and /or corrected this _ day o ,
A. D., 1989.
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P
Chas
ATTEST:
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Assistant City Secretary