1996-06-24 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, JUNE 24,
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 7:22 p.m. with the following present:
Vice Chairman Emil Beltz
Commissioner Marshall Eggers
Commissioner Rob Larsen
Commissioner Randy Patro
Assistant City Manager Richard Burdine
Secretary Judy Highburger
Chairman Pat Lopez, Commissioner Peggy Mayfield- Royer, and Commissioner Jeffery O'Brien
were absent.
H. APPROVAL OF MINUTES: Minutes of June 17, 1996
A motion was made by Commissioner Marshall Eggers and seconded by Robert Larsen, to
approve the Minutes of June 17, 1996.
Motion Passed 4 to 0
III. NEW BUSINESS
A. CONSIDERATION AND POSSIBLE ACTION - Application No. 67, Request
of Daniel D. Rucker, agent for Robert E. Eignus, owner; for an amendment to the
Land Use and Urban Development Ordinance of said City from Single Family
Dwelling District (R -1) to General Business District (GB) on the following
described property, to -wit:
Of a 2.0511 acre tract out of the Perry and Austin League Survey Abstract 111,
Brazoria County, Texas, being a portion of a 3.632 acre tract of land conveyed to
W.T. Eignus, as recorded in Volume 432, Pages 407, 408 and 411 of the Deed
Records of Brazoria County, Texas) Bearings based on northeast line of the herein
mentioned 36.387 acre tract).
1
The Vice Chairman opened the floor for comments or questions from the Commissioners. The
question was raised as to the future plans for the property and Mr. Dan Rucker said the intention
was to restrict future sale, and to carve out a buffer from the fence to Longview and give that
area to the Briarglen Homeowners Association. The house in the rear of the property belonging
to Mr. Eignus is a rental and has a long life expectancy, and the office and metal building on the
front of the property lend themselves to a small service business use.
Assistant City Manager, Richard Burdine, inquired as to when the grounds were converted to
Grace Air Conditioning, and Mr. Rucker replied it was converted in the mid 1980's.
Mr. Burdine asked if Barnett's property abuts the tract, as the location map indicated it is zoned
R -1, and he believes it is Commercial instead. General Business zoning between Commercial
property on Broadway and Briarglen subdivision would be an extension of the business use, but
a more restrictive zone that C. Commissioner Randy Patro asked when the property became R -1,
and Mr. Rucker said it was always R -1. Mr. Burdine said small businesses have been there for
40 - 50 years. Mr. Eignus informed the Commission that the property has been in his family all
those years. Mr. Burdine stated he had no problem with this zone change.
The Commission questioned a pre - existing non - conforming use that went out of use. Mr.
Burdine said the question is, what was there before Grace Air Conditioning, did it shut down for
more than six months, and what type of business replaced it? Mr. Eignus replied that his father
had used it as a metalworking studio until he passed away, and now he owns it.
Mr. Burdine said due to two pipelines bisecting the property, it is not workable for homes and
one business would be the best use of the property. Mr. Rucker said the strip to be deeded to
Briarglen Subdivision Homeowner's Association is for landscaping the entrance to the
subdivision.
A motion was made by Commissioner Eggers, and seconded by Commissioner Larsen, to
approve Application No. 67.
Motion Passed 3 to 1.
IV. NEXT MEETING DATE: Monday, July 1, 1996; 7:00 p.m.
V. ADJOURNED: 7:35 p.m.
Minutes approved as submitted this day of
A.D., 1996.
Pat Lopez, Chairman
ATTEST:
P