1996-07-22 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, JULY 22,
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 7:13 p.m. with the following present:
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Assistant City Manager
City Engineer
Secretary
H. APPROVAL OF MINUTES:
Pat Lopez
Emil Beltz
Marshall Eggers
Rob Larsen
Peggy Mayfield -Royer
Jeffrey O'Brien
Randy Patro
Richard Burdine
John Hargrove
Judy Highburger
Minutes of July 8, 1996
A motion was made by Commissioner Jeffrey O'Brien and seconded by Commissioner Marshall
Eggers to approve the Minutes of July 8, 1996.
Motion Passed 6 to 1 (Commissioner Peggy Mayfield -Royer abstained).
III. NEW BUSINESS
A. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 68,
request of Swanelle Spradley, agent for Ted K. Spradley, 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:
Lot 8, containing 2.50 acres, out of the T.V. Mahanay 80 acre tract, being the East
of the Northwest '/< of Section 15, H.T. & B.R.R. Co. Survey, A -241, Brazoria
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County, Texas, according to the Map recorded in Vol. 441, Pg. 265, of the Deed
Records of Brazoria County, Texas (6910 Broadway).
Mr. Richard Spradley, 7126 Broadway, Pearland, Texas, representative for Swanelle Spradley,
was present.
Discussion followed with Commissioner O'Brien stating his concern that commercial zoning
allows for a multitude of uses, and asked the Commission if there was a way to limit the use to
landscaping supply. Chairman Pat Lopez replied there was no guarantee in any zoning change;
however, this zoning change would be appropriate for the property. Assistant City Manager
Richard Burdine agreed with the Chairman, as the property has a salvage yard on one side and
an airstrip on the other side.
The Chairman asked for a motion on the application.
A motion was made by Commissioner Eggers, and seconded by Vice Chairman Emil Beltz to
approve Application No. 68.
Motion Passed 5 to 2. (Commissioners O'Brien and Randy Patro voted nay)
B. CONSIDERATION AND POSSIBLE ACTION - Landscape Plan for Eckerds,
Northeast corner of Main Street and Broadway Street.
Alan Shelby was present, representing Eckerds.
Mr. Burdine stated he reviewed the plan and it meets the Landscape Ordinance provisions and
he commends Mr. Shelby's willingness in his work to preserve the large oak tree, by not paving
more than 50% of the drip line of the tree.
A discussion ensued between Commissioner Mayfield -Royer and Mr. Burdine about how tree
preservation provisions might affect the existing trees on the site.
Commissioner O'Brien made a motion, seconded by Commissioner Patro, to approve the
Landscape Plan for Eckerds.
Motion Passed 7 to 0.
C. CONSIDERATION AND POSSIBLE ACTION - Landscape Plan for Parking
Lot Expansion for the Busy Bee Cafe, Northwest Corner of Main Street and
Broadway Street with a variance to Section 20.3(s) of the Land Use and Urban
Development Ordinance to omit screening for 36 feet along Broadway Street.
Mr. Michael Orr, 10806 32nd Avenue North, Texas City, Texas, owner, was present.
Mr. Burdine informed the Commission that the applicant does not wish a variance as requested
earlier.
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Vice Chairman Beltz inquired as to the City's liability due to underground storage tanks, that
were on the site. Mr. Burdine stated there was none.
Mr. Orr explained his revised plans for parking due to the need for removal of some trees that
died. He also informed the Commission that he owns a tree farm and will be able to replace the
trees to meet the caliper requirements.
Commissioner O'Brien asked Mr. Orr if he received permits from the State and the Brazoria
Drainage District. Mr. Orr replied the area is contaminate free except for the water table. There
will be three monitoring wells set in concrete, and when the water clears up, he will take title
to the property.
The Chairman reminded the Commission that they are reviewing the landscape plan as -is. Mr.
Burdine said the Ordinance will allow landscaping along Broadway since Mr. Orr will provide
sufficient shrubbery. Mr. Orr said he would like to put some trees in the detention plans and will
have corrected drawings delivered to the City.
A motion was made by Commissioner O'Brien, and seconded by Commissioner Eggers, to
approve the Landscape Plan for Busy Bee.
Mr. Burdine requested authorization to work with the owner to meet all ordinance provisions and
send copies to the Commission for information only.
Commissioner O'Brien amended his motion to approve the final Landscape Plan of Busy Bee,
subject to staff review of plans and a copy being provided the Commission for their information.
Motion passed 7 to 0.
D. CONSIDERATION AND POSSIBLE ACTION - Election of Chairman and
Vice Chairman.
The Chairman made a motion, seconded by Commissioner Patro, to elect Commissioner Robert
Larsen as chairman.
Motion passed 6 to 0 with 1 abstention (Commissioner Larsen abstained)
Vice Chairman Beltz made a motion, seconded by Commissioner Eggers to elect Pat Lopez as
Vice Chairman.
Motion passed 6 to 0 with 1 abstention (Past Chairman Lopez abstained)
E. CONSIDERATION AND POSSIBLE ACTION - Validity of the Excuse of
Commissioner Mayfield -Royer for Absence from Three Consecutive Planning and
Zoning Commission Meetings (June 24, 1996; July 1, 1996; and July 8, 1996).
Mr. Burdine informed the Commission they only had to vote on the July 1, 1996 date.
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Commissioner O'Brien made a motion, seconded by Chairman Larsen, to accept the excuse of
Commissioner Mayfield -Royer for her absence from the July 1, 1996, meeting.
Motion passed 6 to 0 with 1 abstention (Commissioner Mayfield -Royer abstained)
IV. NEXT MEETING DATE: Monday, August 5,1996; 7:00 p.m.
V. ADJOURNED: 7:40 p.m.
Minutes approved as submitted this day of `
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