1996-11-18 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, NOVEMBER
18,1996, AT 6:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 6:00 p.m. with the following present:
Chairman Robert Larsen
Vice Chairman Pat Lopez
Commissioner Emil Beltz
Commissioner Jack D. Mathis
Commissioner - Randy Patro
City Engineer John Hargrove
Secretary Judy Highburger
Commissioners Marshall Eggers and Mary Starr were absent. Assistant City Manager, Richard
Burdine arrived at 6:18 p.m.
H. APPROVAL OF MINUTES: Minutes of November 11, 1996.
A motion was made by Commissioner Emil Beltz, and seconded by Commissioner Randy Patro
to approve the Minutes.
Motion passed 4 to 1. Commissioner Jack D. Mathis abstained.
III. NEW BUSINESS
A. CONSIDERATION AND POSSIBLE ACTION - Final Partial Replat of Lot 1,
Block 1, Mykawa Acres.
A subdivision of 10.207 acres of land known as Lot 1, Block 1 of Mykawa Acres
as recorded in Volume 16, Page 304 of the Brazoria County Plat Records, also
being described as a tract in the east one -half of Tract 47 of the subdivision of
Section 4 of the H.T. & B.R.R. Company Survey, Abstract No. 543, Brazoria
County, Texas.
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Mr. Gregg Stephens, Architect, was present and representing W & N Enterprises. He was
seeking approval of the Final Partial Replat of Lot 1, Block 1, Mykawa Acres.
Commissioner Beltz asked if the Commission has seen the plat before, and Mr. John Hargrove,
City Engineer, replied in the negative due to this plat being a replat, was offered the option of
coming in as a final plat.
Mr. Hargrove recommended approval of the plat with the following exceptions:
L. Change Lot 3 to Lot 2;
2. add Commissioner Mary Starr to plat, and change Commissioner Jeffery O'Brien's
name to Commissioner Jack D. Mathis;
3. and, City Engineer and City Attorney will withhold signatures until the dedicatory
block is signed and notarized.
Vice Chairman Pat Lopez made a motion, seconded by Commissioner Beltz to approve the Final
Partial Replat of Lot 1, Block 1, Mykawa Acres.
Motion passed 5 to 0.
B. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of
Albertsons. 20.8406 acres out of Lots 31, 32, 63, and 64 of the Allison - Richey
Gulf Coast Home Co. Subdivision of the H.T. & B.R.R. Co. Survey, Section 9,
Abstract 234, Brazoria County, Texas.
Mr. Gregory Schmidt, Engineer, was present representing Albertsons, Inc.
Commissioner Patro made a motion, seconded by Vice Chairman Lopez to approve the
Preliminary Plat of Albertsons.
Motion passed 5 to 0.
C. CONSIDERATION AND POSSIBLE ACTION - Final Plat of West Oaks,
Section Three, Phase `A'. 18.3105 acres tract of land out of a 70.0131 acre tract
of land as recorded in Vol. 772, Pg. 94, Brazoria County Deed records in the H.T.
& B.R.R. Survey, A -241, Pearland, Brazoria County, Texas.
Renee West, President of West Development, was present representing Pearland West Oaks, 3
& 4 Ltd.
Mr. Hargrove said staff recommends approval of the plat, with the below- stated stipulations:
1. The following signature blocks need to be changed:
A. Commissioner Jeffery O'Brien to Commissioner Jack D. Mathis.
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B. Commissioner Randy Patra to Commissioner Randy Patro.
C. Chairman Rob Larsen to Chairman Robert Larsen.
D. Commissioner Peggy Mayfield -Royer to Commissioner Mary Starr.
2. Signature needed on pipeline waiver.
3. Acreage be given for five reserves in title block.
4. Add two street light easements.
5. Twenty foot drainage easement on West Oaks Boulevard be given location
dimensions from plat boundary.
6. Provide approved drainage plan or signatures from BDD #4.
Vice Chairman Lopez made a motion, seconded by Commissioner Beltz, to approve the Final Plat
of West Oaks, Section Three, Phase `A'.
Motion passed 5 to 0.
D. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Oakwood Mobile
Home Park. (A Partial Replat of Figland Orchard S/D No. 1). 3.705 acres out of
the west ' 2 of Lot 15 and Lot 14, and part of Lot 11, Figland Orchard Subdivision
No. 1, H.T. & B. Railroad Company Survey, Abstract 240, City of Pearland,
Brazoria County, Texas.
Mr. J.C. Joy of Joy, Mercer, and Associates, and Mr. Wayne Stahlheber, owner, were present
requesting approval of the Final Plat of Oakwood Mobile Home Park.
Mr. Joy explained the plat is at the rear of the property and edge of city limits. He said the
property is real tight, hence, additional property was purchased, and now everything is in its
proper place. An easement was provided and piping will be added because of the closeness of
the mobile homes. There now is an additional access to the park.
Mr. Hargrove said staff recommends approval of the plat with the following changes on the
Planning and Zoning Commission signature block:
1. Chairman Pat Lopez to Chairman Robert Larsen;
2. Jeffery O'Brien to Jack D. Mathis;
3. Rob Larsen to Pat Lopez;
4. and, Peggy Mayfield -Royer to Mary Starr.
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A motion was made by Commissioner Beltz, and seconded by Vice Chairman Lopez, to approve
the Final Plat of Oakwood Mobile Home Park:
Motion passed 4 to 1. Commissioner Patro voted nay.
E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 84.
Request of Charles Mallynn, III, owner, 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:
The West Sixty -six feet (W.66') of Lot Five (5) and the adjoining East Ninety -five
feet (E.95') of Lot Six (6) of the Partition of the East one -half (E. % ) of the
Northwest one - quarter (NW.1 /4) of Section Fifteen (15) of H.T. & B.R.R. Co.
Survey, Abstract 241 of Brazoria County, Texas, according to the map of record
in Volume 441, Page 265, of the Deed Records of Brazoria County, Texas, said
map being confirmed per C/C Judgement recorded in Volume 593, Page 56, of the
Deed Records of Brazoria County, Texas (6830 Broadway Street).
Mr. Burdine stated that Mr. Mallynn's request has been before the Commission, but due to Mr.
Mallyn's work schedule, was unable to attend. He is now present and requesting approval for
Application No. 84.
Mr. Mallynn said he has owned the property and used it as a commercial business for over 30
years, and in the past he used it for a fabricating business but shut that down when the economy
went bad. He is asking for a commercial zone change for future salability. There is a residence
there and a building being used for storage of various items (boat, welding equipment, etc.). He
also stores large construction equipment in the open on the lot.
Vice Chairman Lopez asked Mr. Mallynn if he looked at General Business zoning versus
Commercial, and Mr. Mallynn replied that when he visited the Permit Office and explained what
he needed, he was advised to zone the property Commercial. Vice Chairman Lopez asked him
if he had seen the options available in the Land Use and Urban Development Book, and was he
aware of the difference between General Business and Commercial zoning. Mr. Mallynn said
he did not know -the difference and would somebody explain it to him.
Discussion began with the options available and the properties surrounding Mr. Mallynn and their
present zoning in order to arrive at a suitable zone change based on Mr. Mallynn's uses. He
considers his usage to be Commercial and not General Business. Mr. Burdine asked if the house
had occupants and was the building currently being used, to which Mr. Mallynn replied, yes.
Mr. Burdine said that based on what Mr. Mallynn has described, commercial zoning would be
required.
Commissioner Patro asked if in the future was there to be a contractor storage yard or a strip
center, and Mr. Mallynn replied he did not know, it could be used by a trucking company. He
does not have any plans in the near future to sell the property. He just wants to have the zoning
in place for future plans.
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A motion was made by Vice Chairman Lopez, and seconded by Commissioner Beltz, to approve
Application No. 84.
Motion passed 4 to 1 (Commissioner Patro abstained).
F. 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 Single Family Dwelling District (R -1) 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).
Mr. Burdine stated this application has come before the Commission before. It is straight-
forward, and he recommends approval.
A motion was made by Commissioner Patro, and seconded by Vice Chairman Lopez to approve
Application No. 85.
Motion passed 5 to 0.
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.
Mr. Burdine referred the Commissioners to a memo from the City Attorney, dated November 15,
1996, regarding the Sign Ordinance Amendment. He discussed various elements within the
proposed amendment. He stated the amendment would be in Section 22.16 regarding off -site
signs.
Mr. Burdine said there would only be one specific use permit issued in the main corridor, and
he anticipated the permit would be pulled by Renee West, as agent for Pearland Home Builders.
He said individual signs can be pulled by anyone acting in conformance with the Ordinance and
there is no cost to the City.
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:
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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 Drive from Main Street to Centennial
Boulevard and Centennial Boulevard from Oiler Drive to Blackhawk Boulevard.
A motion was made by Vice Chairman Lopez, and seconded by Commissioner Patro to join
Items G & H.
Motion passed 5 to 0.
A motion was made by Vice Chairman Lopez, and seconded by Commissioner Patro to approve
Items G & H.
Motion passed 5 to 0.
IV. NEXT MEETING DATE: Monday, November 25,1996; 6:30 p.m.
V. ADJOURNED: 6:50 p.m.
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