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HomeMy WebLinkAbout1996-12-09 P&Z Meetin MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, DECEMBER 9, 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 7:15 with the following present: Vice Chairman Pat Lopez Commissioner Emil Beltz Commissioner Randy Patro Commissioner Jack D. Mathis Commissioner Mary Starr Assistant City Manager Richard Burdine City Engineer John Hargrove Secretary Judy Highburger Chairman Robert Larsen and Commissioner Marshall Eggers -were absent. H. APPROVAL OF MINUTES: Minutes of November 25, 1996 A motion was made by Commissioner Randy Patro and seconded by Commissioner Mary Starr to approve the Minutes of November 25, 1996. Motion Passed 5 to 0. III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 98. 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: 1 Lots "A", "B",' and 18 of Garden Acres, Section 3, a subdivision of 18.862 acres of land out of Tract 36 of a subdivision of the H.T.&B. R.R. Company Survey, Section 7, Abstract No. 219, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 10, Page 77 of the plat records of Brazoria County, Texas. Ms. Josephine M. Leggio, owner, was present seeking approval of Application No. 98. Discussion began with concerns for the neighboring properties with the intended use of the property if it was zoned Commercial, and whether it would be better suited to a General Business category. The Vice Chairman reminded the Commissioners that the Application before them was asking for Commercial zoning, and that was the category to consider. Assistant City Manager, Richard Burdine, informed the members that Three recent applications have been zoned Commercial, and this would make an extension of the zoning district. In his professional opinion, General Business and Commercial zoning is similar, and this would not be spot zoning. A motion was made by Commissioner Patro, and seconded by Commissioner Mary Starr to deny Application No. 98. Motion passed 3 to 2 to deny. Vice Chairman Lopez and Commissioner Jack D. Mathis voted nay. B. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 99. Request of Lorene Llewellyn, 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: Tract No. 32 of Westchester Estates, according to the Jack C. McKnight Survey thereof dated April 18, 1962, a partition of the H.T.&B. Railroad Survey, Abstract 242, in Brazoria County, Texas (2738 Manvel Road). C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 100. Request of Lorene Llewellyn, 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: Tract No. 31 of Westchester Estates, according to the Jack C. McKnight Survey thereof dated April 6, 1962, a partition in the H.T.&B. Railroad Survey, Abstract 242, in Brazoria County, Texas (2738 Manvel Road). Mr. Burdine said staff recommends approval, and asks the Commission to join Applications No. 99, and 100 under one motion. 2 A motion was made by Commissioner Emil Beltz, and seconded by Commissioner Patro, to join Applications No. 99 and 100. Motion to join passed 5 to 0. A motion was made by Commissioner Beltz, and seconded by Commissioner Patro to approve Applications No. 99,and 100. Motion passed to approve 5 to 0. D. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 101. Request of Fred C. Hemandez, agent for Jose C. Rodriguez, 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: Being 6.312 acres of land situated in the Northeast one -quarter (NE'/<) of Section 17, H.T.&B. R.R. Co. Survey, Abstract 242, Brazoria County, Texas (7408 Broadway St.) Mr. Fred C. Hernandez, Agent, was present requesting approval of Application No. 101. Mr. Burdine said staff recommends denying Application No. 101. A motion was made by Commissioner Patro, and seconded by Commissioner ' Starr to deny Application No. 101. Motion passed to deny 4 to 1 (Commissioner Beltz voted nay). E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 102. Request of Joe and Frances Soria, 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: TRACT A - A 0.6878 tract of land out of a 1.555 acre tract out of the Southwest corner of Lot 32 of the Allison Richey Gulf Coast Home Co., Subdivision of Section 9, H.T.&B. R.R. Co. Survey, A-234, Brazoria County, Texas (2641 Max Rd.). TRACT B - A 0.249 acres of land out of Tract 6, 0878 acres of land out of a 5.910 acre tract out of the West % of Lots 31 & 32 of the Allison Richey Gulf Coast Home Co. Subdivision of Section 9, H.T.&B. R.R. Co. Survey, A-234, Brazoria County, Texas (2641 Max Rd.). There was no representative present. 3 Commissioner Patro made a motion to deny Application No. 102. Discussion began with Vice Chairman Lopez stating Mr. Soria has a residence and is also operating a sheet rock business there. Motion failed for lack of a second. Comrissioner Beltz made a motion to approve Tract A of Application No. 102. Mr. Burdine said he will consult with the City Attorney regarding approving Tract A and Tract B together, since Tract B was not posted with Application No. 102. Commissioner Beltz withdrew his motion. F. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 103. Request of Richard L. Spradley, 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: Tract 1 - 0.1433 acres, Tract 2 - 0.1967 acres & tract 3 - 0.4419 acres of land out of 0.7819 acres out of 2.00 acres of land, being out of the West X of the Northwest of the H.T.&B. R.R. Co. Survey, A-241, Brazoria County, Texas (7126 Broadway St.). There was no representative present. Vice Chairman Lopez said there was an existing business, Superior Exteriors, on the property. Commissioner Starr made a motion, seconded by Commissioner Beltz, to approve Application No. 103. Motion passed to approve 5 to 0. G. CONSIDERATION AND POSSIBLE ACTION APPLICATION NO. 104. Request of Jesse Gallegos, 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 5, Block 3, of Skyway Manor of the H.T.&B. R.R. Co. Survey (2751 Manvel Rd.) Mr. Jesse Gallegos, owner, was present requesting approval for Application No. 104. Commissioners had questions regarding State regulations pertaining to proximity of churches to bars, and waitedfor input from Mr. Burdine. 4 Commissioners returned to Application No. 102. E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 102. Request of Joe and Frances Sofia, 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: TRACT A - A 0.6878 tract of land out of a 1.555 acre tract out of the Southwest corner of Lot 32 of the Allison Richey Gulf Coast Home Co., Subdivision of Section 9, H.T.&B. R.R. Co. Survey, A-234, Brazoria County, Texas (2641 Max Rd.). TRACT B - A 0.249 acres of land out of Tract 6, 0878 acres of land out of a 5.910 acre tract out of the West % of Lots 31 & 32 of the Allison Richey Gulf Coast Home Co. Subdivision of Section 9, H.T.&B. R.R. Co. Survey, A-234, Brazoria County, Texas (2641 Max Rd.). Mr. Burdine stated the Commissioners could act on Tract A since it was posted properly, but could not act on Tract B at this time, since it was not posted along with Application No 102. Commissioner Starr asked staff if the applicants were advised as to the choices available when the zone change was filed since there seems to be a number of applicants requesting Commercial zoning. Mr. Burdine said the Ordinance is made available to them for their perusal, and staff tries to be consistent with information given to applicants. However, staff can only advise them to a certain degree. Some applicants act on advice from attomeys, and some don't. A motion was made by Commissioner Beltz, and seconded by Commissioner Starr to approve Tract A of Application No. 102. Motion passed to approve 3 to 2 (Vice Chairman Lopez and Commissioner Patro voted nay). The Commissioners returned to Application No. 104. G. CONSIDERATION AND POSSIBLE ACTION APPLICATION NO. 104. Request of Jesse Gallegos, 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 5, Block 3, of Skyway Manor of the H.T.&B. R.R. Co. Survey (2751 Manvel Rd.) Commissioners concerns of proximity of churches to bars were answered by Mr. Burdine stating that he has dealt with the State, and regulations have changed in how the distance is measured (crow flies versus walking distance). He went on to say that churches have to have a Specific 5 Use Permit in a R-1 zone, and the City does not make a distinction of how many feet from bars to churches exist. An observation by Mr. Burdine was that for purposes of the application, taverns are allowed in General Business zones, and dance halls must have a Specific Use. The intent of the Ordinance is that business must be conducted inside the building. There is also a screening requirement for the property when in proximity to residential areas. Vice Chairman Lopez inquired as to notifying the Fire Marshall regarding occupancy loads, and Mr. Burdine said a permit can be issued. Since the tavem was not open when the City annexed the property, it is not a pre-existing non -conforming use. Commissioner Patro made a motion to deny Application No. 104. Motion failed for lack of a second. Commissioner Starr made a motion, seconded by Commissioner Beltz to approve Application No. • 104. Motion passed to approve 3 to 2 (Commissioner Patro voted nay, and .Commissioner Jack D. Mathis abstained). H. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Stepping Stones Learning Center. Being a partial replat out of Reserve 'B', West Oaks Subdivision, Section 1-A and being a 0.9963 Acre tract of land out of a 1.7463 acre tract of land as recorded in CAB. 19, Sht. 55-56. Brazoria County Map records in the H.T. & B.R.R. Survey, A-241. Pearland, Brazoria County, Texas. Variance Request: 1. Asking for the minimum frontage for a commercial development onto a public right-of-way, minimum being a 150 foot width. 2. Requesting a 110 foot frontage on West Oaks Boulevard and a 100 foot frontage on Broadway Street. Renee West, owner, was present requesting approval of the Final Plat of Stepping Stones Learning Center. Mr. John Hargrove, City Engineer, said staff recommends acceptance as presented. Conunissioner Beltz made a motion, seconded by Commissioner Starr to approve the Final Plat of Stepping Stones Learning Center with the requested variances. Motion passed to approve 5 to 0. 6 I. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Racetrac, S.H. 35, 2.1269 Acres out of Lot 83, H.T. & B.R.R. Company Survey Section 2, Abstract - 542, Pearland, Brazoria County, Texas. Ms. Anna Lentz was present to represent Mountain Prize, Inc., owners, asking for approval of the Final Plat of Racetrac, S.H. 35. Mr. Hargrove said staff recommends approval as presented. He will note on the plat Commissioners names that need changing, and withhold his signature and that of the City Attorney until completed. A motion was made by Commissioner Boltz, and seconded by Commissioner Patro to approve the Final Plat of Racetrac, S.H. 35., with the changing of the Commissioners names noted on the plat. Motion passed to approve 4 to 1 (Commissioner Starr abstained). J. CONSIDERATION AND POSSIBLE ACTION - Final Street Dedication Plat of Southwyck Parkway, Phase I, 15.3083 Acres of land out of the R.B. Lyle Survey, Abstract No. 539, Brazoria County, Texas. Mr. Thomas Stroh, of Jones and Carter, Inc., was present representing New Southwyck, L.P., and asking for approval of the Final Street Dedication of Southwyck Parkway, Phase 1. Mr. Hargrove said staff recommends approval as presented, with the exception of changing Conunissioners names that he will note on the plat. He and the City Attorney will withhold their signatures until the changes are made. A motion was made by Commissioner Starr, and seconded by Commissioner Reitz to approve the above -mentioned plat with the exceptions stated by the City Engineer. Motion passed to approve 5 to 0. K. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of Meadowview, Section 2 at Silverlake. A subdivision of 6.2825 acres of land out of the John W. Maxey Survey, Abstract No. 721, Brazoria County, Texas. Variance Request: 1. Use of 20 foot building line setbacks on lots fronting the bulb portion of cul-de-sacs. 2. Use of 5 foot side lot building line setbacks. Mr. Hargrove said staff recommends approval as presented, with the exception of changing Commissioners names that he will note on the plat. He and the City Attorney will withhold their signatures until the changes are made. 7 A motion was made by Commissioner Patro, and seconded by Commissioner Starr to approve the Preliminary Plat of Meadowview, Section 2 at Silverlake. Commissioner Patro revised his motion to include the changing of Commissioner's names on the plat so noted by Mr. Hargrove. Commissioner Starr seconded the revised motion. Motion passed to approve 5 to 0. L. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Carrie's Corder, a subdivision of' 3.7501 acres of land out of Lot 92 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70, Pearland, Brazoria County, Texas. Mr. Thomas Offenburger was present representing Mr. and Mrs. Scott Tarter, owners, and seeking approval of the Final Plat of Carrie's Comer. Mr. Hargrove said staff recommends approval with the exception of the addition of Commissioner Jack D. Mathis's name on the plat, and correcting the other Commissioner's names as noted. A motion was made by Commissioner Starr, and seconded by Commissioner Beltz to approve the Final Plat of Carries's Comer, with the exceptions so noted by Mr. Hargrove. Motion passed to approve 5 to 0. M. CONSIDERATION AND POSSIBLE ACTION - Amending Plat of Magnolia Place, Phase EA. A Mobile Home Park of 3.2701 acres as recorded in Vol. 16, Page 351, Map Records, Brazoria County, Texas. Out of a 24.56 acre tract out of Lot 16 H.T. and B.R.R. Survey Section 2, Abstract 239, Pearland, Brazoria County, Texas. Mr. Hargrove said the Amending Plat is before the Commission due to the changing of a few street names to bring the addressing in line with the City's proposed addressing grid. He recommended approval of the. Amending Plat of Magnolia Place, Phase IIA. A motion was made by Commissioner Beltz, and seconded by Commissioner Stan to approve the above -mentioned plat. Motion passed to approve 5 to 0. N. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat Tara Exxon, 1.0672 acresout of the W.D.C. Hall Survey, Abstract No. 70, Pearland, Brazoria County, Texas. Ms. Anna Lentz was present to represent Tara Conunercial - Milestone Holding, Inc., and.to seek approval of the Preliminary Plat of Tara Exxon. 8 Mr. Hargrove said staff recommends acceptance with the Minutes to reflect the following notes: 1. Temporary detention pond easement must be within the boundaries of the plat or must have book and page number on final plat. 2. Twenty foot right-of-way dedication, and the ten foot water and sewer easement and building lines be more clearly identified by arrows. 3. Possible storm water runoff to go to Mary's Creek in future, with replacement detention provided at regional detention ponds. A motion was made by Commissioner Starr, and seconded by Commissioner Mathis to approve the Preliminary Plat of Tara Exxon. Motion passed to approve 5 to 0. O. CONSIDERATION AND POSSIBLE ACTION - Discussion on potential zoning ordinance changes. Mr. Burdine stated having gone through numerous zone changes in the recent months, a suggestion to change initial zoning upon annexation from Suburban Development (SD) to Residential (R-1), will do away with the SD category. Applicants that want to go to other zoning can make application. When the City annexes more property, the area would be automatically zoned R-1, instead of SD. Mr. Burdine is asking for concurrence from the Commission. Vice Chairman Lopez asks if change in the Ordinance is made, what about owners that do not come in for a zone change. Mr. Burdine answered that when the property owner comes in to rebuild on his property or wants to rezone it, he will have to pay $250.00. The City would not anticipate change without the owner's signature. IV. NEXT MEETING DATE: Monday, January 6, 1997 V. ADJOURNED: 8:40 p.m. Minutes approved as submitted this A.D., 199 .1i. U r 9