1996-11-04 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, NOVEMBER
4, 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
Vice Chairman
Commissioner
Commissioner
Commissioner
Commissioner
Assistant City Manager
City Engineer
Secretary
Commissioner Jeffery O'Brien was absent.
H. APPROVAL OF MINUTES:
Robert Larsen
Pat Lopez
Emil Beltz
Marshall Eggers
Randy Patro
Mary Starr
Richard Burdine
John Hargrove
Judy Highburger
Minutes of October 21, 1996.
A motion was made by Vice Chairman Pat Lopez, and seconded by Commissioner Randy Patro
to approve the Minutes.
Motion passed 4 to 0.
Commissioners Marshall Eggers and Mary Starr arrived at 6:03 p.m.
III. NEW BUSINESS
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A. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE NO. 45.
Request of Larry D. and Teresa A. Hood, owners, for an amendment to the Land
Use and Urban Development Ordinance of said City for a Specific Use Permit to
allow animal husbandry in a Single Family Dwelling District (R -1) on the
following described property, to -wit:
Lot 16 being 6.0 acres of land of the East One -Half (E %) of the Northwest One -
Quarter (NW ' /<) of Section 15, H.T. & B.R.R. Co. Survey, Abstract 241,
Brazoria County, Texas, as shown by plat of partition recorded in Vol 441, Pg.
265, Deed Records, Brazoria County, Texas (6725 Fite Road).
Ms. Teresa A. Hood, owner, was present seeking approval of Specific Use No. 45.
Assistant City Manager Richard Burdine said staff recommends approval.
Discussion ensued with the Commission questioning Ms. Hood as to the amount and type of
animals being on the property. Ms. Hood stated the use would be for horses and cattle. Mr.
Burdine said the Ordinance allows 12 horses and 12 cattle on 6 acres.
Commissioners concerns ranged from following the Ordinance as it is stated, to being more
lenient with the number of animals. Mr. Burdine asked Ms. Hood how many cattle does she
have now, to which she replied there were 10. Mr. Burdine also asked Ms. Hood that if she was
restricted to a total of 12 animals, would that be a problem. Ms. Hood said no. Mr. Burdine
said she could have 12 horses and 12 cows, for a total of 24.
Commissioner Patro said when the Ordinance was written, the area was all open land, and the
Commission should have the right to regulate Specific Uses since the area is in the City now and
is residential.
Mr. Burdine said the City has an Animal Control Ordinance that is restrictive as to the number
of animals allowed, however; the Specific Use Ordinance does give broad authority to add more
restrictive conditions on its uses.
Commissioner Patro made a motion to accept Specific Use No. 45 and limit the number of cattle
and horses to no more that a total of 12.
There was no more discussion. Motion failed for lack of a second.
Commissioner Starr made a motion to accept the Specific Use, and limit the number of combined
animals to never exceed 18.
There was no discussion.
Commissioner Mary Starr amended the motion, seconded by Vice Chairman Lopez to approve
Specific Use No. 45 as it stands.
Motion passed 4 to 2. Commissioner Patro and Chairman Robert Larsen voted nay.
IPP
B. CONSIDERATION AND POSSIBLE ACTION - Landscape Plan of Standard
Polymers, Inc., 8521 Industrial Drive, Lot 12, Brazoria County Industrial Park,
Pearland, Texas.
Ms. Sue Stringer was present representing the owners, seeking approval of the Landscape Plan
of Standard Polymers, Inc.
C. CONSIDERATION AND POSSIBLE ACTION - Landscape Plan of Claws and
Paws Veterinary Hospital, F.M. 518, Pearland, Texas. Being 0.7317 acres of land
situated in the W.D.C. Hall Survey, Abstract 70, in the City of Pearland, Brazoria
County, Texas (2556 Broadway).
Mr. and Dr. Julie Weikel, owners, were present requesting approval of the Landscape Plan of
Claws and Paws.
Mr. Burdine said both landscape plans satisfy the requirements of the Ordinance, and suggested
the Commission join both plans under one motion.
Commissioner Emil Beltz made a motion, seconded by Commissioner Starr to joing Item B and
C under one motion.
Motion passed 6 to 0.
Commissioner Beltz made a motion, seconded by Commissioner Starr, to approve Landscape Plan
of Standard Polymers, Inc., and the Landscape Plan of Claws and Paws Veterinary Hospital.
Motion passed 6 to 0.
D. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Partial Replat of
Lots 2 thru 8, Block 1, of a Replat of a Portion of Mimosa Acres, Blocks 1, 2, 3,
4, & 5, Pearland, Brazoria County, Texas. Being a 1.6123 acre tract out of a
replat of a portion of Mimosa Acres, Block 1, as recorded in Vol. 17, Page 131-
132, Plat records of Brazoria County, Texas, lying in the R.B. Lyle Survey A -543,
as recorded in Vol. 7, page 15 -16, Brazoria County Deed Records dated July 28,
1955, Brazoria County, Texas.
Mr. Luther Cunningham, Agent, representing the owners, was present requesting approval of the
final plat.
Mr. John Hargrove, City Engineer, informed the Commission the purpose of this request is to
abandon the original pipeline building setback lines, and he recommends acceptance with the note
that Commissioner Starr's name be added on the final plat.
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A motion was made by Commissioner Starr, and seconded by Commissioner Beltz, to approve
the Final Plat of Partial Replat of Lots 2 thru 8, Block 1 of a Replat of a Portion of Mimosa
Acres, with the above - stated note.
Motion passed 6 to 0.
E. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of
Southwyck, Section Nine, Phase H, being 19.0 acres of land containing 67 lots,
(70' X 120' typ.), and three reserves in three blocks out of the H.T. & B.R.R.
Survey A -309, Brazoria County, Texas.
Mr. Greg Coleman and Mr. Randy Riley were present representing Beazer Homes, USA, Inc.,
and seeking approval of the Preliminary Plat of Southwyck, Section 9, Phase 2.
Mr. Burdine had a few comments of corrections before final plat submittal:
1. The disclosure and limited warranty be removed;
2. request 20' building line on the cul-de -sac;
3. and, provide a letter of variance commensurate with plat of Phase I.
Mr. Hargrove recommended approval with the following stipulations:
1. The title block acreage of reserves needs to be numbered;
2. streets need to show right -of -way widths;
3. need to provide a 10' road side UE;
4. several HL &P street light easement changes need to be made;
5. and, the vicinity map needs to show scale.
A motion was made by Commissioner Starr, and seconded by Commissioner Eggers, to approve
the Preliminary Plat of Southwyck, Section 9, Phase 2 with the above - stated stipulations.
Motion passed 6 to 0.
F. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Crystal Lake
Subdivision, Section Two. Being 21.295 acres of land out of the H.T.& B.R.R.
Company Survey, Abstract 506, Brazoria County, Texas.
Variance request to use a 10' side aggregate side setback between houses.
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Mr. Manny DePau and Mr. Jack Beard were present representing JNT, Inc., owner, and
requesting approval of the Final Plat of Crystal Lake, Section Two.
Mr. Burdine had a few comments that need correcting before final plat submittal.
1. The disclosure and limited warranty removed on final plat;
2. need to request 20' building line on the cul-de -sac;
3. and, need a letter of variance to be commensurate with the plat of Phase 1.
Mr. Hargrove recommended approval with the corrected spelling of Commissioner Starr's name.
A motion was made by Vice Chairman Lopez, and seconded by Commissioner Starr to approve
the Final Plat of Crystal Lake, Section Two.
Motion passed 6 to 0.
G. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Rick Acres,
2.9388 acres out of Lots 20, 21, & 22, George W. Jenkins Subdivision, Vol. 2, Pg.
20 BCPR, James T. Perry & Emily Austin League, A -111, Pearland, Brazoria
County, Texas.
There was no representative present.
A motion was made by Vice Chairman Lopez, and seconded by Commissioner Patro to table the
Final Plat of Rick Acres.
Motion passed 6 to 0.
H. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of Oakbrook
Estates, Section Three, and a partial replat of Oakbrook Estates, Section One, a
subdivision of 5.9329 acres out of the W.D.C. Hall League, Abstract No. A -70,
Pearland, Brazoria County, Texas. '
Mr. Al Lentz was present representing Oakbrook Estates, Limited, and asking for approval of the
Preliminary Plat of Oakbrook Estates, Section Three.
Mr. Hargrove recommended approval of the plat subject to changes on the final plat:
1. Need a Hold Harmless Agreement on the pipeline;
2. need a variance request on length of cul-de -sacs;
3. provide a street light south of Lot 1;
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4. Branch Hill Drive name needs to be changed for addressing purposes even though
it is a continuation;
5. plat needs to show street name break near curve C3;
6. and, end of cul-de -sac 90 degrees east, needs a name ending in "Court" after the
new name of Branch Hill Drive.
A motion was made by Commissioner Patro, and seconded by Commissioner Eggers to approve
the Preliminary Plat of Oakbrook Estates, Section Three.
Motion passed 6 to 0.
IV. NEXT MEETING DATE:
V. ADJOURNED:
Monday, November 11, 1996; 6 :30 p.m.
6:35 p.m.
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