1996-11-11 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, NOVEMBER
11, 1996, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING IN THE
SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 8:31 with the following present:
Chairman Robert Larsen
Commissioner Emil Beltz
Commissioner Marshall Eggers
Commissioner Randy Patro
Commissioner Mary Starr
Assistant City Manager Richard Burdine
Secretary Judy Highburger
Vice Chairman Pat Lopez was absent. Commissioner Jeffery O'Brien resigned.
H. APPROVAL OF MINUTES: Minutes of November 4, 1996
A motion was made by Commissioner Mary Starr and seconded by Commissioner Marshall
Eggers to approve the Minutes of November 4, 1996.
Motion Passed 5 to 0.
III. NEW BUSINESS
Upon the recommendation of Assistant City Manager, Richard Burdine, the Commissioners
concurred to change the order of business. A motion was made by Commissioner Mary Starr,
and seconded by Commissioner Emil Beltz to begin with Item A, followed by Item G & H.
Motion passed 5 to 0.
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A. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 85.
Request of Dave E. And Diana Rickey Hamm, 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:
Tract 15, of Westchester Estates, according to the Jack C. McKnight Survey
thereof dated April 6, 1962, a partition of Section 17, H.T.& B.R.R. Company
Survey, Abstract 242, patented to Samuel Meyer, Assignee, by Patent No. 15,
Volume 12 (2726 Westchester Circle).
G. CONSIDERATION AND POSSIBLE ACTION - Request of the City of
Pearland for an Amendment to the Land Use and Urban Development Ordinance
of said City as follows:
To allow for a Comprehensive Subdivision Directional Signs program.
H. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE NO. 46.
Request of Pearland Area Homebuilders and Developers for an amendment to the
Land Use and Urban Development Ordinance of said City for a Specific Use
Permit to allow for a comprehensive subdivision directional signs program on the
following described property, to -wit:
Major corridors defined as the area within five hundred feet (500') of the right -of-
way of SH 288 from Clear Creek to the City's southern extraterritorial jurisdiction
(ETJ) Boundary, Broadway (FM 518) from the east city limit to SH 288, Main
Street from Clear Creek to the southern ETJ boundary, Dixie Farm Road from the
northeast city limit to Main Street, Oiler Driver from Main Street to Centennial
Boulevard and Centennial Boulevard from Oiler Drive to Blackhawk Boulevard.
A motion was made by Commissioner Starr, and seconded by Commissioner Beltz to table Items
A,G &H.
Motion passed 5 to 0 to table.
B. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO.
89. Request of Jimmy and Adrienne Taylor, owners, for an amendment
to the Land Use and Urban Development Ordinance of said City from
Classification Single Family Dwelling District (R -1) to General Business
District (GB) on the following described property, to -wit:
Tract I being a 0.64 acre tract of land called Lot 1 and Tract H being a 0.66 acre
tract of land called Lot 2, out of 5.3 acres conveyed in Deed from M.N.
McGlathery et ux to L.M. McGlathery, recorded in Volume 661, Page 628, Deed
Records of Brazoria County, Texas, said 5.3 acre tract being out of a 27.09 acre
tract, being that part of the Dagg 34 acre tract, in the W.D.C. Hall League,
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Abstract 70, in Brazoria County, Texas, which lies North of the centerline of F.M.
Road No. 518 (3224 Patricia Lane).
A motion was made by Commissioner Beltz, and seconded by Commissioner Patro to deny
Application No. 89.
Motion passed 5 to 0 to deny.
C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 90. On
the request of Clayton Dykes, owner, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Commercial
District (C) to Light Industrial District (M -1) on the following described property,
to -wit:
A 1.6458 acre tract of land being a 1.4246 acre tract out of Lot 129 of the
subdivision of Section 1, A.C.H & B. Survey, Abstract 147, Brazoria County,
Texas, and a 0.2212 acre tract being the West 25 feet of an abandoned 50 foot
road right -of -way adjoining the East line of the 1.4246 acre tract (Old Alvin Road
and State Highway 35).
Discussion followed with recommendations of Zoning Ordinance usage better suited to the
property.
Commissioner Patro made a motion to deny Application No. 90. Motion failed for lack of a
second.
Commissioner Starr made a motion, seconded by Commissioner Beltz, to approve Application
No. 90.
Motion passed 4 to 1. Connnissioner Patro voted nay.
D. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 91. On
the request of Bobby Shotwell, owner, 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:
A 3 acre tract of land out of a 10 acre tract, situated in the west % of the northeast
'4 of Section 15, of the H.T. & B.R.R. Co. Survey, Abstract 241, Brazoria County,
Texas (6613 Fite Road).
Consensus of the Commission was that if the zone change is accepted, the residence is non-
conforming and the business would be conforming.
A motion was made by Commissioner Patro, and seconded by Commissioner Beltz, to deny
Application No. 91.
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Motion passed to deny 5 to 0.
E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 92. On
the request of Greg G. Gardiol, owner, for an amendment to the Land Use and
Urban Development ordinance of said City from Classification Single Family
Dwelling District (R -1) to General Business (GB) on the following described
property, to -wit:
2.0474 acres of land, being part of Lots 22 & 23 of the George W. Jenkins
Subdivision in the W.D.C. Hall League, A -70 in Brazoria County, Texas (2600
Dixie Farm Road).
Mr. Greg G. Gardiol, owner, was present and gave the Commissioners a site plan with no access
to Rayburn Lane. Mr. Burdine stated this should have been presented to City Council, and that
the discussion here should be usage of the property.
All the homeowners of Rayburn Lane were present. Some of their concerns were flooding, and
increased traffic hazards since the street is one lane.
Commissioner Starr said that the street would have to be built up and this would cause more
flooding from Mary's Creek. Mr. Burdine stated that regardless of what is built on the property,
drainage plans would have to be presented to the City Engineer for approval.
Mr. Burdine was concerned that the zone change would have a negative effect on property
values. He said Mary's Creek is a good dividing line for the subdivision, and recommended the
Commission deny Application No. 92. The Chairman said the issue is if a business is wanted
in that area.
Commissioner Patro made a motion, seconded by Commissioner Starr, to deny Application No.
92.
Motion passed to deny 5 to 0.
F. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 93. On
the request of Gerald Munger Jr. of Century Engineering, Inc., agent for R & S
Land Co., Inc., owners, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Multi- Family Dwelling
District (MF) and General Business District to single Family Dwelling District (R-
2 PUD) on the following described property to -wit:
That portion of the 2 -Foot Fence Reserve "E ", Block 2, out of Cobblestone, a
subdivision of 36.074 acres as recorded in the Brazoria County Plat Records,
Brazoria County, Texas, in Volume 19, Pages 323 and 324 as follows: North of
and adjacent to Multi- Family Reserve "A" and General Business Reserve "B" of
the aforementioned subdivision and south of and adjacent to Magnolia Road; and
east of and adjacent to General Business Reserve `B" of the aforementioned
subdivision and west of and adjacent to Veterans Road.
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Discussion followed regarding an earlier application of the 2 foot fence reserve, and
Commissioner Eggers stated the preliminary plat had no reserve for a fence, and Mr. Munger was
required to return with a zone change to rectify the matter.
A motion was made by Commissioner Beltz, and seconded by Commissioner Starr, to approve
Application No. 93.
Motion passed 5 to 0.
IV. NEXT MEETING DATE: Monday, November 18, 1996, 6:00 p.m.
V. ADJOURNED: 8:50 p.m.
Minutes approved as submitted this %yam day of
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