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HomeMy WebLinkAbout1990-07-24 P&Z Meeting Minutes0fluj o©riII© t P. O. Box 2068 • Pear{ond, Texas 77588-2068 • 485-2411 TO: JAMES O. DESHAZER, ACTING CITY MANAGER pt FROM: ERNESTO BUENROSTRO BUILDING OFFICIA L AL DATE: JULY 26, 1990 SUBJECT: PLANNING AND ZONING MEETING OF JULY 24, 1990 At their special meeting of July 24, 1990, the Planning and Zoning Commission discussed with Mr. Gary Stahlheber his options on the property located at 6402 1/2 W. Broadway, commonly known as T.P. Trailer Park. The Commission discussed his appearance before the Zoning Board of Adjustment or a possible re -zoning of the property. Abandonment, grandfathering, and non -conforming use were discussed with him and Mr. Stahlheber was advised of the courses of action he could take, with the decision being his depending on the extent of development. Also, the Commission discussed plat amendment or replatting with Robert Foley on his lot on Washington Irving in the Sleepy Hollow Subdivision. Many issues were discussed at length, citing var- ious sections of the Local Government Code regarding plats. It was moved by Leroy Savoie, seconded by Clyde Starns, that Mr. Foley follow the replatting process because of the concerns of property owners in the area and so that the Commission might receive input from other interested parties at a public hearing. Motion passed 6 to 0. This is submit ed for your information. xc: Dick Qualtrough Engineering Div. Dear Mr. Chairman, I will not be able to attend the special meeting of the Pearland Planning and Zoning Commission July 24, 1990. I have reviewed my information packet have some strong feelings regarding both items on the agenda. Item III.A It is unfortunate that Mr. Foley did not plan for the use of his two lots more effectively. I understand that he is basically attempting to squeeze three lots of minimum size in an R-1 zone out of two lots. I have reviewed the information from three City Council meetings and I understand that the Sleepy Hollow subdivi- sion was originally platted with lot widths of 100+ feet. I feel that deviating from the original intent of the subdivision is wrong. If we were to vote to allow such variance, it would be a severe injustice to the homeowners who bought homes and/or lots under the nature of the original plat. In my opinion, replats such as this should only be considered on plats where homes do not exist and not to rectify the mistake of one lot owner. Item III.B In consideration of the legal opinion of the City Attorney, Lester Rorick, and the current City Zoning Ordinance, I do not think a replat and upgrade of the T.P. Trailer Park should not be considered. This area is currently zoned commercial and mobile home parks are not allowed in areas which are zoned for commer- cial districts; Table III, Page 71 of the Land Use and Urban Development book. Considering the location of this tract of land, a mobile home park would not suit the businesses currently in the area. Out of due respect for Mr. Stahlheber, it is my opinion that the former owner had every intention of abandonment before he found a party interested in buying the tract as a mobile home park. Since there were 25 to 35 mobile homes there at the time of annexation and currently there are three, I feel that this situation is very much like that of a non -conforming use structure being more than 50% destroyed. For the aforementioned reasons, I am opposed to a replat and an upgrade. S"ncerely, James Garner Commissioner, Pearland Planning and Zoning MINUTES OF A SPECIAL MEETING OF rm. PLANNING AND ZONING COMMIS- SION OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 24, 1990, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Chairman Vice Chairman Commissioner Commissioner Commissioner Commissioner Building Official Assistant City Secretary James Garner had an excused absence. APPROVAL OF MINUTES Al Lentz Leroy Savoie Benny Frank Clyde Starns Mary Starr Helen Beckman Ernesto Buenrostro Pat Vaught It was moved by Benny Frank, seconded by Mary Starr, that the Minutes of the Meeting of July 16, 1990, be approved as submit- ted. Motion passed 5 to 0, with Leroy Savoie abstaining. NEW BUSINESS CHANGE IN THE ORDER OF BUSINESS REQUEST OF GARY STAHT,HF,BER REGARDING MOBILE HOME PARK, WEST 1/2 OF LOT 3, LOTS 4 AND 5, WEST 1/2 OF LOT 11, FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240 (6402 1/2 W. BROADWAY). Mr. Stahlheber gave some background information on this property, explaining he had purchased it from T. P. Castillo in July, 1988. He stated water and sewer taps have been made by the City and an engineer has surveyed the tract. He asked the advice of the Commission as to whether this tract falls under the "grandfather clause" or whether he should re -zone. Chairman Al Lentz referred to a letter from City Attorney Lester Rorick written to Acting City Manager Jim DeShazer in which the attorney addressed various sections of Zoning Ordinance No. 509. The Commission discussed abandonment, grandfathering and non- conforming use and sought to give guidance to Mr. Stahlheber as to whether he should appear before the Zoning Board of Adjustment or apply for a zone change which would allow him to develop the previously unused portion of the tract. After discussing various issues, it was the consensus of the Commission that Mr. Stahlheber would have to decide upon which course of action he wished to take which in turn will determine which Board, if any, he must refer to regarding the extent of the development. DISCUSSION WITH ROBERT FOLEY REGARDING PLAT AMENDMENT OR REPLAT- TING Chairman Lentz advised he would call a short recess and asked the Commissioners to refer to Chapter 212, Municipal Regulation of Subdivisions and Property Development, pages 434-437, Sections 212.014 through 212.016 of the Local Government Code, regarding the next item on the agenda during this recess. MEETING RECESSED AT 7:53 P. M. MEETING RECONVENED AT 7:58 P. M. Mr. Robert Foley gave a history of the property in question on Washington Irving Street in the Sleepy Hollow Subdivision and explained how he had given approximately 32 feet from Lot 11 to Lot 12 several years ago to settle a dispute with the new owner at closing. Recently he attempted to acquire a building permit to build on Lot 11 and was denied a permit as he did not have the necessary 80' frontage required by the zoning ordinance for this subdivision and wanted to build on a lot smaller than previously platted. Mr. Foley explained he then acquired the needed 2.8' of frontage from Lot 10 which is owned by his daugh- ter. The Commission discussed the fact that these lots were split and sold by metes and bounds, never having been officially platted. The Commission reviewed the recorded plats of Sleepy Hollow. Chairman Lentz advised that the Commission's purpose would be to give Mr. Foley direction as to whether he needs to file an amend- ed plat or a replat and this was the reason the Commissioners were asked to look at the three sections of State law regarding replats, additional requirements for certain replats, and amend- ing plats during the recess. The Commission discussed the concerns of property owners and the Sleepy Hollow subdivision, in general. Various sections of the State law regarding amending and replatting were discussed at length. It was moved by Leroy Savoie, seconded by Clyde Starns, that Mr. Foley follow the replatting process because of the concerns of property owners in the area and so that the Commission might receive the input of other interested parties at a public hear- ing. Chairman Lentz related he had discussed this item with the City Attorney who felt there were factors on both the amending and the replatting sides of the issue which apply. Calling for a vote, motion passed 6 to 0. ADJOURN The meeting adjourned at 8:35 P. M. Mi utes approved as submitted and/or corrected this day of A. D., 1990. ATTEST: Assistant City Sectary Things To Do ... Ce)AA-c=6- �- 1 4 5 17 s Ytt - / 9 9 0 C/_3) 20 Dirb5ong Printing. Inc. 485-0850 LI • 1 2 a,O 3 4 /A4L_ct 5 6 7 8 9 10 11 12 13 �4i/C� Qi1��41* /7 14 15 16 IV 17 18 19 20 - 7-c-3 AGENDA - SPECIAL 4EETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JULY 24, 1990, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY, PEARLAND, TEXAS I. CALL TO ORDER II. APPROVAL OF MINUTES: Regular Meeting of July 16, 1990 III. NEW BUSINESS A. DISCUSSION WITH ROBERT FOLEY REGARDING PLAT AMENDMENT OR REPLATTING. B. DISCUSSION AND POSSIBLE ACTION - REQUEST BY GARY STAHL- HEBER REGARDING MOBILE HOME PARK, WEST 1/2 OF LOT 3, WEST 1/2 OF LOT 11, WEST 1/2 OF LOT 14, FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240 (6402 1/2 W. BROADWAY). IV. ADJOURN POSTED: ,0 DAY OF �T ��/ , A. D., 1990 i' (3 C) %? , REMOVED: DAY OF A. D., 1990