1996-11-25 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, NOVEMBER
25, 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 7:24 with the following present:
Chairman Robert Larsen
Vice Chairman Pat Lopez
Commissioner Emil Beltz
Commissioner Randy Patro
Commissioner Mary Starr
Assistant City Manager Richard Burdine
City Engineer John Hargrove
Secretary Judy Highburger
Commissioner Marshall Eggers and Commissioner Jack D. Mathis were absent.
II. APPROVAL OF MINUTES: Minutes of November 18, 1996
A motion was made by Commissioner Randy Patro and seconded by Commissioner Emil Beltz
to approve the Minutes of November 18, 1996. ,
Motion Passed 5 to 0.
III. NEW BUSINESS
A. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 94.
Request of James Medearis, 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:
A 9.014 acre tract of land in the Northwest ', of the Northwest '/, of the H.T. &B.
R.R. Company Survey, Section 17, Abstract 242, Brazoria County, Texas (8210
Broadway).
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A motion was made by Commissioner Beltz to table Application No. 94, due to no representative
being present. Motion failed for lack of a second.
Commissioner Patro questioned if the property would be better suited if it were zoned General
Business, and Mr. Richard Burdine, Assistant City Manager, replied that the property will be a
mini- storage business, and those are zoned Commercial.
A motion was made by Vice Chairman Lopez, and seconded by Commissioner Mary Starr to
approve Application No. 94.
Motion passed 3 to 2. Commissioners Patro and Beltz voted nay.
B. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 95.
Request of Leo J. Gabriel, 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:
1.7512 acres of land, more or less, not platted, by lying on the north side of that
2.6513 acre tract platted as Gabriel Enterprises Subdivision which was filed at
Vol. 19, pages 291 -292 of the Deed Records of Brazoria County, and being out
of a 12.00 acre tract, recorded in Vol. 868, page 239, Deed Records of Brazoria
County, Texas, and being part of Vol. 595, page 63, Deed Records of Brazoria
County, Texas (5915 W. Broadway).
Mr. Leo J. Gabriel, III, owner, was present and seeking approval of Application No. 95.
Discussion began with questions relating to existing use and accessibility to the property.
Businesses within close proxmity to the property and their present zoning were also examined.
Mr. Michael Cotter, 2547 Lazybend, Pearland, Texas, was present and questioning the distance
of buffer zones between commercial businesses and residential areas. Mr. Burdine said there are
requirements for screening and explained Section' 21 of the Land Use and Urban Development
Ordinance.
Further discussion continued with other options for zoning instead of Commercial. Chairman
Robert Larsen said the issue is whether there should be a Commercial business in front of a
residence. Vice Chairman Lopez addressed the issues of zoning down to General Business and
then down to Neighborhood Service. Mr. Burdine said Commercial zoning allows businesses to
have outside storage and General Business allows trade and business inside the building.
Mr. Burdine stated in his opinion, that the best use of the property would be zoned R -1; however,
that is not how the Application is presented now. Chairman Larsen said the difficulty with
arriving at a proper zoning category, is the fact that the property faces a residential area on two
sides and faces other businesses on the other two sides.
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A motion was made by Commissioner Patro, and seconded by Commissioner Beltz to deny
Application No. 95.
Motion passed to deny 3 to 2 (Vice Chairman Lopez and Commissioner Starr abstained).
C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 96.
Request of Rudolph and Randy Martinez, 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:
1.00 acre of land out of 3.144 acre tract of land out of Lot 23 of the Allison
Richey Gulf Coast Home Company's Suburban Garden's Subdivision of Section
8, H.T. &B. R.R. Co. Survey, A -504, Brazoria County, Texas, said subdivision
recorded in Vol. 2, Page 23 of the plat records of Brazoria County, Texas (6913
Broadway).
Some of the comments of the Commissioners were related to Application No. 96's category
chosen for a zoning change, and if it would be better suited for General Business. Mr. Burdine
said that information could be conveyed to the property owners.
A motion was made by Commissioner Starr to approve Application No. 96. Motion failed for
lack of a second.
A motion was made by Commissioner Patro, and seconded by Commissioner Beltz to deny
Application No. 96.
Motion passed to deny 3 to 2 (Chairman Larsen and Commissioner Starr voted nay).
D. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE NO. 47.
Request of Dan M. Worrall, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City for a Specific Use Permit to allow a single
family house with barn, hay pasture, and two to three horses in a Suburban
Development District - Business Compatible on the following described property,
to -wit:
18.4 acres out of the T.D. Yocum Survey, A -399 and the A.C.H. &B. Survey, A-
147, Brazoria County, Texas (John Lizer Road).
Ms. Rita White, 1203 Hannington, Katy,, Texas, Agent, was present representing Mr. Dan M.
Worrall, owner, and seeking approval of Specific Use No. 47.
A motion was made by Vice Chairman Lopez, and seconded by Commissioner Starr to approve
Specific Use No. 47, allowing three horses, as requested.
Motion passed 5 to 0.
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E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 97.
Request of Allen Patschke, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development
District (SD) to General Business District (GB) on the following described
property, to -wit:
The East 10.0 feet of Lot 7 and the West 70.0 feet of Lot 6 of the partition of the
Mahanay Lands, H.T. &B. R.R. Co. Survey, Section 15, Abstract 241, Brazoria
County, Texas (6834 Broadway).
Mr. Allen Patschke, owner, was present asking for approval of Application No. 97.
Commissioner Beltz made a motion, seconded by Vice Chairman Lopez, to approve Application
No. 97.
Motion passed 5 to 0.
F. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE NO. 48.
Request of Allen Patschke, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City for a Specific Use Permit to allow an
existing single family dwelling in a General Business District (GB) on the
following described property, to -wit:
The East 10.0 feet of Lot 7 and the West 70.0 feet of Lot 6 of the partition of the
Mahanay Lands, H.T. &B. R.R. Co. Survey, Section 15, Abstract 241, Brazoria
County, Texas (6834 Broadway).
A motion was made by Commissioner Beltz, and seconded by Commissioner Patro, to approve
Specific Use No. 48.
Motion passed 5 to 0.
IV. NEXT MEETING DATE: Monday, December 9, 1996,
V. ADJOURNED: 8:05 p.m.
Minutes approved as submitted this day of Ole C e—
A.D., 1996.
Rebeft�ar-sen PA T OP t z J ") C� C 1 9- iR �� t? /U
ATTEST:
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