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HomeMy WebLinkAbout1997-04-14 P&Z MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, APRIL 14, 1997, 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 7:45 p.m. with the following present: Vice Chairman Pat Lopez Commissioner Emil Beltz Commissioner Jack D. Mathis Commissioner Randy Patro Commissioner Mary Starr Assistant City Manager Richard Burdine City Engineer John Hargrove City Projects Coordinator Alan Mueller Secretary Judy Highburger Commissioner Marshall Eggers was absent. II. APPROVAL OF MINUTES: Minutes of April 7, 1997 A motion was made by Commissioner Emil Beltz, and seconded by Commissioner Mary Starr to approve the Minutes of April 7, 1997. Motion passed 4 to 1 (Commissioner Jack D. Mathis abstained). III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 112 Request of Josephine Leggio, 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: 1 Lot 18, Section 3, Garden Acres, approximately .6 acres out of Tract 36, H.T. & B. R.R. Survey, Section 7, A-219, recorded in volume 10, page 77 of the plat records of Brazoria County, Texas. Assistant City Manager Richard Burdine, presented the Commissioners with copies of the Final Judgement of Seminole Pipeline Company (Plaintiff) vs. Mike F. Leggio (Defendant), et al. This document was discussed previously in the first half of the meeting. He went on to say that the document contains an excellent description of the pipeline easement. Discussion began with concerns of the property meeting the width requirements, to which Mr. Burdine referenced the Land Use and Urban Development Ordinance Section 24.2, allowing flexibility for lot platted prior to the effective date of the zoning ordinance - which is the date a property was annexed in this case. Mr. Burdine said the Judgement provides the property owner limited use of the surface of the pipeline easement with the pipeline company having underground uses. Developers must go to the pipeline company and work out details of paving over or crossing the easement. Mr. Burdine emphasized that the issue at hand is whether or not "GB" zoning is appropriate, not the pipeline easement. Commissioner Mathis stated the letter of the law states structures can be built on the 30' easement, it can be traveled across, or parked on (may require expansion joints). Vice Chairman Lopez said the development of the site stands alone. Mr. Burdine said he reviewed the Judgement with the City Attorney prior to the meeting and is conveying her opinion. Commissioner Randy Patro made a motion to deny Application 112. Motion failed for lack of a second. There was no further discussion. Commissioner Beltz made a motion, seconded by Commissioner Starr to approve Application 112 as presented. Motion passed to approve 4 to 1 (Commissioner Patro abstained). B. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 114 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 General Business District (GB) on the following described property, to -wit: Lot 2, Block 1, Gabriel Enterprises Subdivision, approximately .5165 acres, recorded in Volume 19, pages 291-292 of the deed records of Brazoria County, Texas. There was no representative present. Commissioner Beltz made a motion seconded by Commissioner Patro to approve Application No. 114. 2 Motion passed to approve 5 to 0. C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 116 Request of George H. McCaa, 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: 2.00 acres out of Lot 23, Allison -Richey Gulf Coast Home Co. Suburban. Gardens Subdivision, Section 8, H.T. & B. R.R., A-504, recorded in Vol. 2, Page 23 of the Plat Records of Brazoria County, Texas. There was no representative present. Commissioner Patro made a motion, seconded by Commissioner Mathis to approve Application No. 116. Motion passed to approve 5 to 0. D. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 113 Request of Josephine M. Leggio, 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: Lots A and B, Section 3, Garden Acres, 2.617 acres out of Tract 36, H.T. & B. R.R. Survey, Section 7, A-219, recorded in volume 10, page 77 of the plat records of Brazoria County, Texas. (5800 Broadway) Mr. Burdine said he recommends GB rather than C zoning, and Commissioner Beltz questioned the Commercial request instead of General Business. Mr. Burdine said it was for a retail/shopping strip. Commissioner Patro made a motion, seconded by Commissioner Beltz to deny Application 113. Motion passed to deny 5 to 0. E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 115 Request of Jo Maples, agent for Bill E. Holley, 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 23, Allison -Richey Gulf Coast Home Co. Suburban Gardens Subdivision of Section 8, H.T. & B. R.R. Survey, A-504, recorded in Volume 2, Page 23 of the plat records of Brazoria County, Texas. (5523 Broadway) 3 There was no representative present. The Commissioners questioned the proposed uses of the land listed on the Zone Change Application which includes apartments, strip center with bar, cleaners, radiator shop, and storage for apartments. Commissioner Beltz made a motion to approve Application No. 115 and exclude some of the proposed uses. Mr. Burdine said some of the uses would remain non -conforming. Commissioner Beltz revised his motion to approve as presented, and Commissioner Starr seconded the motion. Another concern was if a radiator shop would be a Specific Use, to which Vice Chairman Lopez replied it would still be non -conforming. Mr. Burdine said the best use of the property would be a shopping center, and most of the other uses would fall into the GB category. Motion passed to approve 4 to 1 (Commissioner Patro abstained). F. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 207 Request of Pro -Line Water Screen Services, Inc., agent for Gatech Enterprises, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Heavy Industrial District (M2) on the following described property, to -wit: 2.00 acres out of Lot 178, Zychlinski Subdivision, Section 28, H.T. & B. R.R. Survey, A-551, (G.C. Smith Survey), recorded Vol. 593, Page 407 of the Deed Records of Brazoria County, Texas. (17605 SH 35) There was no representative present. G. CONSIDERATION AND POSSIBLE ACTION- APPLICATION NO. 208 Request of Gatech Enterprises, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Heavy Industrial District (M2) on the following described property, to -wit: 2.7106 acres out of Lot 178, Zychlinski Subdivision, Section 28, H.T. & B. R.R. Survey, A-551, (G.C. Smith Survey), recorded Vol. 29, Page 9 of the Deed Records of Brazoria County, Texas. (17635 SH 35) A motion was made by Commissioner Beltz, and seconded by Commissioner Starr to join Applications No. 207-208. Motion passed to join 5 to 0. Commissioner Starr made a motion, seconded by Commissioner Beltz to approve Applications No. 207-208. 4 Commissioner Patro asked if there was another category instead of M 1 or M2 for these two requests, and Mr. Burdine said he anticipates the area remaining industrial. Commissioner Patro questioned Dixie Farm being developed as residential. Mr. Burdine explained it was a thoroughfare. Motion passed to approve 5 to 0. H. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT APPLICATION NO. 53 Request of Pro -Line Water Screen Services, Inc., agent for Gatech Enterprises, Inc. owner, for a Specific Use Permit on the following described property, to -wit: 2.00 acres out of Lot 178, Zychlinski Subdivision, Section 28, H.T. & B. R. R. Survey, A-551, (G.C. Smith Survey), recorded in Vol. 593, Page 407 of the Deed Records of Brazoria County, Texas. (17605 SH 35) There was no representative present. Commissioner Starr made a motion, seconded by Commissioner Mathis, to approve Specific Use Permit Application No. 53. Motion passed to approve 5 to 0. I. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 198 Request of Bert Jones, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-2) to General Business (GB) on the following described property, to - wit: South % of Lot 45, approximately 5 acres, Allison -Richey Subdivision of the H.T. & B. R. R. Survey, Section 6, A-544. Mr. Bert Jones, owner, was present and seeking approval of Application No. 198. Discussion revolved around the surrounding area's zoning, which was shown by Mr. Burdine on a wall map. There is commercial zoning along Broadway, the Knights of Columbus Hall is zoned GB, and all around that area is zoned R-2. A motion was made by Commissioner Beltz, and seconded by Commissioner Patro to deny Application No. 198. Motion to deny 5 to 0. IV. NEXT MEETING DATE: April 21, 1997, 6:00 p.m. 5 V. ADJOURNED: 8:38 p.m. Minutes approved as submitted this Z- / _ day of Or A.D., 1997. ATTEST: Judighburger, Secret Pat Lopez, V ' umar 6