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Home My WebLink About1997-06-16 P&Z Minutes (in Agenda Packet)AGENDA - REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 23, 1997, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. APPROVAL OF MINUTES: Minutes of June 2, 1997 III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - 29 TRACTS IN GARDEN ACRES SUBDIVISION Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Single Family Dwelling District (R-Don the following described properties, to -wit: Located in Garden Acres Subdivision, being the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, .Brazoria County, Texas, and being more particularly described as follows: Zoning Application No. 139 Legal Description: The north'/2 of Lot A (175' x 300'), also being Lot A-1, Section 1, Garden Acres Subdivision. Address: 2411 Garden Road Owner: Billy T or Joyce J. Hill Zoning Application No. 140 Legal Description: The south 1/2 of Lot A, Section 1, Garden Acres Subdivision. Address: 6507 Laurie Street Owner: Dinh Kim Pham Zoning Application No. 141 Legal Description: 1.24 acres out of Tract C, Section 1, Garden Acres Subdivision. Address: 6329 Laurie Street Owner: Richard L & Betty Jo Gilbert Zoning Application No. 142 Legal Description: 1.17 acres out of Tract C, also being Lot C-1, Section 1, Garden • Acres Subdivision. Address: 6325 Laurie Street Owner: Doyle R. & Jean A. Rains Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: No. 143 1.00 acre out of Lot D, also being Lot D-1, Section 1, Garden Acres Subdivision. 6221 Laurie Street William & Julie Boughter No. 144 Lot N, Section 1, Garden Acres Subdivision. 6330 Laurie Street Ottis B. Lynch Zoning Application No. 145 Legal Description: Lot M, Section 1, Garden Acres Subdivision. Address: 6326 Laurie Street Owner: John F. & Rosie R. Barta Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: No. 146 Lot L, Section 1, Garden Acres Subdivision. 6310 Laurie Herman Edward Rhodes No. 147 Lot K, Section 1, Garden Acres Subdivision. 6222 Laurie Street Frank Simms No. 148 Lot 1, Block 5, Section 2-A, Garden Acres Subdivision. 6319 Gardenia Street Gerald D. McManus No. 149 Lots 3 and 4, Block 5, Section 2-A, Garden Acres Subdivision. 6221 Gardenia Street David L. & Carolyn Osteen No. 150 Lot 8, Block 5, Section 2-A, Garden Acres Subdivision. 6113 Gardenia Street W.E. Wittze Zoning Application No. 151 Legal Description: Lot 5, Block 2, Section 2, Garden Acres Subdivision. Address: 2609 Garden Road Owner: Dave Mitchell Parrish & Dorrilla Dinnecce Parrish Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: No. 152 Lot 3, Block 3, Section 2, Garden Acres Subdivision. 2544 Lazybend Street Rupert Hugh Brown No. 153 Lot 6, Block 3, Section 2, Garden Acres Subdivision. 2620 Lazybend Street Rick D. Bertram Zoning Application No. 154 Legal Description: Lot 2, Block 4, Section 2, Garden Acres Subdivision. Address: 2537 Lazybend Street Owner: Kenneth R. & Billie W. Williams Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: No. 155 Lot 3, Block 4, Section 2, Garden Acres Subdivision. 2620 Lazybend Street Michael E. Cotter No. 156 Lot 5, Block 4, Section 2, Garden Acres Subdivision. 2613 Lazybend Street George H. McCaa Zoning Application No. 157 Legal Description: A 2.5922 acre tract out Subdivision. 6220 Gardenia Street Thomas E. & Melinda W. Rosinski Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: of a 12.00 acre tract, Garden Acres No. 158 Lot D, Section 3, Garden Acres Subdivision. 6204 Gardenia Street Bill McNutt No. 159 Lot 4, 5, & 6, Section 3, Garden Acres. Subdivision. 2550 Thelma Street Robert L. & Bettye L. Osteen No. 160 Lots 1 & 2, Section 3, Garden Acres Subdivision. 2626 Thelma Street Arthur & Janice Kneeland Zoning Application No. 161 Legal Description: Lot 9, Section 3, Garden Acres Subdivision. Address: 2613 Thelma Street Owner: J.T. & Anna Taylor Zoning Application No. 162 Legal Description: Lots 7 & 8, Section 3, Garden Acres Subdivision. Address: 2629 Thelma Street Owner: Mrs. Lee Latino Zoning Application No. 195 Legal Description: 1.205 acres out of Tract E, Section 1, Garden Acres Subdivision. Address: 6201 Laurie Street Owner: Cary A. Johnston Zoning Application No. 204 Legal Description: 1.41 acres out of Lot D, Section 1, Garden Acres Subdivision. Address: 6309 Laurie Street Owner: Robert L. & Jeanne Mizell Zoning Application No. 205 Legal Description: Lots 10 & 15, Section 3, Garden Acres Subdivision. Address: 2603 Thelma Street Owner: William & Rhonda Cross Zoning Application No. 209 Legal Description: Lot 11, Section 3, Garden Acres Subdivision. Address: 2551 Thelma Street Owner: Harold E. Forster Zoning Application No. 210 Legal Description: Lots 16 & 17, Section 3, Garden Acres Subdivision. Address: 2626 O'Day Owner: E.E. & Wilma Rader B. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 215 Request of Charlie Vatterott, agent for Frank D. Barringer, Trustee, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from the Classification of Suburban Development (SD) to Multi Family Dwelling District (MF) on the following described property, to -wit: 32.72 Acres out of the west 1/2 of the.northeast 1/4, Section 15, of the H.T. & B.R.R. Survey, A-241, as Recorded in Volume 297, Page 98, Brazoria County, Texas. C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 197 Request of Bert & Ursula Jones, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business (GB) on the following described property, to -wit: Lots 13 & 14, Section 3, Garden Acres Subdivision of the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, Brazoria County, Texas. (2538 O'Day) CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 51 Request of Bert & Ursula Jones, owner, for a Specific Use Permit for a residential dwelling in a General Business District on the following described property, to -wit: Lot 13, Section 3, Garden Acres Subdivision of the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. &. B.R.R. Company Survey, A-219, Brazoria County, Texas. (2538 O'Day) E. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 52 Request of Bert & Ursula Jones, owner, for a Specific Use Permit for a animal husbandry in a General Business District on the following described property, to -wit: Lot 14, Section 3, Garden Acres Subdivision of the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, Brazoria County, Texas. (2538 O'Day) IV. NEXT MEETING DATE: July 7, 1997, 6:00 p.m. V. ADJOURNMENT Posted: Day of , A.D., 1997 P.M. Th Removed: Day of , A.D., 1997 MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, JUNE 16, 1997, AT 6:00 P.M., IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. 1. CALL TO ORDER The meeting was called to order at 6:00 p.m. with the following present: Chairman Pat Lopez Vice Chairman Emil Beltz Commissioner Don Baker Commissioner Randy Patro Commissioner Tommy L. Scott Assistant City Manager Richard Burdine City Engineer John Hargrove Secretary Judy Highburger City Projects Coordinator Alan Mueller arrived at 6:03 p.m., Commissioner Jack D. Mathis arrived at 6:05 p.m., Commissioner Mary Starr arrived at 6:28 p.m., and City Planning and Development Director Dennis Smith arrived at 6:35 p.m. II. APPROVAL OF MINUTES: Minutes of June 9, 1997 Vice Chairman Emil Beltz made a motion, seconded by Commissioner Tommy L. Scott to approve the Minutes of June 9, 1997. Motion passed 5 to 0. III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of Fairway Village, Section 2, Phase 1 at Silverlake. A subdivision of 20.6233 acres of land out of the John W. Maxey Survey, Abstract No. 721, and the G.C. Smith Survey, Abstract No. 548, Brazoria County, Texas. Variance Request: 1 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. Ms. Cathy Mitchell of Jones and Carter Engineering, was present representing the owners, New Southwyck, L.P., and asking for approval of the Preliminary Plat of Fairway Village, Section 2, Phase 1 at Silverlake. City Engineer John Hargrove said staff recommends approval of the Preliminary Plat with the • following comments: 1. The final plat to show updated Commissioners names; 2. and, future preliminary plats show appropriate detail that meets the purpose of a preliminary plat. A motion was made by Vice Chairman Beltz, and seconded by Commissioner Don Baker to approve the Preliminary Plat of Fairway Village, Section 2, Phase 1 at Silverlake with the above recommended comments and the requested variance. Motion passed to approve 5 to 0 (Commissioner Mathis abstained due to arriving late). B. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of West Oaks Recreation Center. Being a 1.7915 Acre tract of land located in the H.T. & B. R.R. Company Survey, A-241, Pearland, Brazoria County, Texas and also being out of a called 160 acre tract as recorded in Vol. 708, Pg. 109 B C D R, Brazoria County, Texas. Ms. Renee' West, owner, of R. West Development Company, was present requesting approval of the Preliminary Plat of West Oaks Recreation Center. Mr. Hargrove said staff recommends approval as presented with the following exceptions: 1. Under General Notes: remove No. 10; 2. under T.B.M. No. 1, 2nd paragraph:...FEMA MAPS ARE ON 1929 NGVD (1973 ADJ.) IN BRAZORIA COUNTY... be changed to ...(1978 ADJ); 3. update Commissioners names; 4. and, Final Plat to show signatures of HL&P. A motion was made by Commissioner Mathis, seconded by Vice Chairman Beltz to approve the 2 Preliminary Plat of West Oaks Recreation Center with the above -stated exceptions. Motion passed to approve 6 to 0. C. CONSIDERATION AND POSSIBLE ACTION - Discussion item to review the proposed changes to Subdivision Ordinance. Mr. Mueller led the discussion of the Subdivision Ordinance beginning with page 24, Section B, Blocks, on which minor changes were made. On Page 25, No. 3, Sidewalks, (a-d), were stricken and an addition made regarding construction specifications. Page 26, Section 2C, Lots, No. 5, requires a reserve to be platted for planting or fence screens in lieu of an easement and shows a new paragraph regarding planting and fencing reserve specifications. Page 27, Section D, Building Setback Lines, Nos. 1-3 were deleted, and a new paragraph included regarding conformance to the Land Use and Urban Development Ordinance. Page 28, Section D, No. 5, allows front setback lines to be reduced by 5' for Lots inside a cul-de- sac arc. Page 28, Section E, No. 1, calls for dedication of open space to conform to a City Park Dedication Ordinance. Page 28, Section E, Pa. 2, calls for 16' utility easements and 10' water and sewer easements at appropriate locations. Page 31, Section 27-5, A, General No. 5, Guarantee of performance, a new Paragraph (a) was added pertaining to inspections paid for by contractors. Section No. 5(b) was amended in regard to the amount of the maintenance bond required. Page 32, Section 27-5, No. 8, was added requiring new development to connect to water and sewer lines that are within 300' of the development. Page 33, Section 27-5, B, Minimum standards, No. 2, refers to new exhibits (A & B), and No. 3 makes reference to rules that the City Engineer can promulgate that are not in conflict with City Ordinances. Discussion stopped at this point. No action was taken. D. CONSIDERATION AND POSSIBLE ACTION - Discussion item to review the CO - Corridor Overlay District. Discussion was led by Mr. Mueller outlining the changes made to the draft based on discussion from the previous meeting. An introductory paragraph was added to address the handling of conflicts between the Overlay Ordinance and other ordinances. Page 2, Building Facade Standards, Section C-1, the Commissioners requested that "concrete block"` be replaced with "splitfaced concrete masonry unit". Page 3, Landscaping Standards, Section B-6, was removed 3 so that required street trees along major thoroughfares must be planted behind the right-of-way line. The Commissioners had concerns regarding the planting of median trees, and the responsibility. for maintenance and irrigation. Mr. Burdine suggested the developers should be given the option to meet a portion of their landscaping requirements by planting median trees in conformance with an overall plan prepared by the City. Discussion ended. No action was taken. IV. NEXT MEETING DATE: V. ADJOURNED: Minutes approved as submitted this 1997. ATTEST: Monday, June 23, 6:30 p.m., Joint Public Hearing. 7:40 p.m. Z3 4 day of LL., A.D., AGENDA - REGULAR MEETING OF THE PLANNING AND ZONING_ COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 23, 1997, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. APPROVAL OF MINUTES: Minutes of June 2, 1997 III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - 29 TRACTS IN GARDEN ACRES SUBDIVISION Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Single Family Dwelling District (R-1)on the following described properties, to -wit: Located in Garden. Acres Subdivision, being the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A=219, Brazoria County, Texas, and being more particularly described as follows: Zoning Application No. 139 Legal Description: The north'/2 of Lot A (175' x 300'), also being Lot A-1, Section 1, Garden Acres Subdivision. Address: 2411 Garden Road Owner: Billy. T or Joyce J. Hill Zoning Application No. 140 Legal Description: The south I/2 of Lot A,Section 1, Garden Acres Subdivision. Address: 6507 Laurie Street Owner: Dinh Kim Pham Zoning Application No. 141 Legal Description: 1.24 acres out of Tract C, Section 1, Garden Acres Subdivision. Address: 6329 Laurie Street Owner: . Richard L & Betty Jo Gilbert Zoning Application No. 142 Legal. Description: 1.17 acres out of Tract C, also being Lot C-1, Section 1, Garden Acres Subdivision. Address: 6325 Laurie Street Owner: Doyle R. & Jean A. Rains Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: , Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: No. 143 1.00 acre out of Lot D, also being Lot D-1, Section 1, Garden Acres Subdivision. 6221 Laurie Street William & Julie Boughter No. 144 Lot N, Section 1, Garden Acres Subdivision. 6330 Laurie Street Ottis B. Lynch No. 145 c Lot M, Se tion 1, Garden Acres Subdivision. 6326 Laurie Street John F. & Rosie R. Barta No. 146 Lot L, Section 1, Garden Acres Subdivision. 6310 Laurie Herman Edward Rhodes No. 147 Lot K, Section 1, Garden Acres Subdivision. 6222 Laurie Street Frank Simms No: 148 Lot 1, Block 5, Section 2-A, Garden Acres Subdivision. 6319 Gardenia Street Gerald D. McManus No. 149 Lots 3 and 4, Block 5, Section 2-A, Garden Acres Subdivision. 6221 Gardenia Street David L. & Carolyn Osteen No. 150 Lot 8, Block 5, Section 2-A, Garden Acres Subdivision. 6113 Gardenia Street W.E. Wittze Zoning. Application No. 151 Legal Description: Lot 5, Block 2, Section 2, Garden Acres Subdivision. Address: 2609 Garden Road Owner: Dave Mitchell Parrish & Dorrilla Dinnecce Parrish Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner:. No. 152 Lot 3, Block 3, Section 2, Garden Acres Subdivision. 2544 Lazybend Street Rupert Hugh Brown No. 153 Lot 6, Block 3, Section 2, Garden Acres Subdivision. 2620 Lazybend Street Rick D. Bertram Zoning Application No. 154 Legal Description: Lot 2, Block 4, Section 2, Garden Acres Subdivision. Address: 2537 Lazybend Street Owner: Kenneth R. & Billie W. Williams Zoning Application No. 155 Legal Description: Lot 3, Block 4, Section 2, Garden Acres Subdivision. Address: 2620 Lazybend Street Owner: Michael E. Cotter Zoning Application No. 156 Legal Description: Lot 5, Block 4, Section 2, Garden Acres Subdivision. Address: 2613 Lazybend Street Owner: George H. McCaa Zoning Application No. 157 Legal Description: A 2.5922 acre tract out of a 12.00 acre tract, Garden Acres Subdivision. 6220 Gardenia Street Thomas E. & Melinda W. Rosinski Zoning Application No. 158 Legal Description: Lot D, Section 3, Garden Acres Subdivision. Address: 6204 Gardenia Street Owner: Bill McNutt Zoning Application No. 159 Legal Description: Lot 4, 5, & 6, Section 3, Garden Acres Subdivision. Address: 2550 Thelma Street Owner: Robert L. & Bettye L. Osteen Zoning Application No. 160 Legal Description: Lots 1 & 2, Section 3, Garden Acres Subdivision. Address: 2626 Thelma Street Owner: Arthur & Janice Kneeland 1 2 1 Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address: Owner: Zoning Application Legal Description: Address Owner: No. 161 Lot 9, Section 3, Garden Acres Subdivision. 2613 Thelma Street J.T. & Anna Taylor No. 162 Lots 7 & 8, Section 3, Garden Acres Subdivision. 2629 Thelma Street Mrs. Lee Latino No. 195 1.205 acres out of Tract E, Section 1, Garden Acres Subdivision. 6201 Laurie Street Cary A. Johnston No. 204 1.41 acres out of Lot D, Section 1, Garden Acres Subdivision. 6309 Laurie Street Robert L. & Jeanne Mizell No. 205 Lots 10 & 15, Section 3, Garden Acres Subdivision. 2603 Thehna. Street William & Rhonda Cross Zoning Application No. 209 Legal Description: Lot 11, Section 3, Garden Acres Subdivision. Address: 2551 Thelma Street Owner: Harold E. Forster - Zoning Application No. 210 Legal Description: Lots 16 & 17, Section 3, Garden Acres Subdivision. Address: 2626 O'Day Owner: E.E. & Wilma Rader - B. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 215 Request of Charlie Vatterott, agent for Frank D. Barringer, Trustee, owner; for an amendment to the Land Use and Urban Development Ordinance of said City from the Classification of Suburban Development (SD) to Multi Family Dwelling District (MF) on the following described property, to -wit: 32.72 Acres out of the west 1/2 of the northeast 1/4, Section 15, of the H.T. & B.R,R. Survey, A-241, as Recorded in Volume 297, Page 98, Brazoria County, Texas. C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 197 Request of Bert & Ursula Jones, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business (GB) on the following described property, to -wit: Lots. 13 & 14, Section 3, Garden Acres Subdivision of the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, Brazoria County, Texas. (2538 O'Day) D. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 51 Request of Bert & Ursula Jones, owner, for a Specific Use Permit for a residential dwelling in a General Business District on the following described property, to -wit: Lot 13, Section 3, Garden Acres Subdivision of the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, Brazoria County, Texas. (2538 ODay) E. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 52_ Request of Bert & Ursula Jones, owner, for a Specific Use Permit for a animal husbandry in a General Business District on the following described property, to -wit: Lot 14, Section 3, Garden Acres Subdivision of the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, Brazoria County, Texas. (2538 O'Day) IV. NEXT MEETING DATE: July 7, 1997, 6:00 p.m. V. ADJOURNMENT Posted: a id, Day of a (. C O P.M. Removed: 7 Day of 91-(Aa , A.D., 1997 , A.D., 1997 -4 ex.t,L,„ 672_7,7,7z) Q 7. AFT 44-c-c7t.-v S jo`Lt• XPa-v-c ,&AT, cvtial ct,t14. cr4,74,1^e- eeee Au4", G2-wd/cai ,tom-(:-4 .-�,°.' • .ten-zA- r�u- -u).u-c-c.rea/. iulam. 4a-/•7L4.. -eZ 42 t d .Z=Li.c.c.�✓ GiLr 1/24-r al, 4 rc, 7�L , y71 v .z2C /ed , /6 /7 . :. R.. E•1 ACRE � a �i? Sec Na 1 yq. r•I ;�tl,wr 1 • I� 6 • g ee — In 36 O 10 i E $ 6s w' 7695 ....—Ei-- • M.1 Of .,. GARDEN ACRES. SEC No V.:. Yt ..••I.VS , liar _. ••0 We. V •.•• <.t0 4.4”1A 8 /4&l( 4 t.. rw -.an , w ...•..mow.1••Cava .W.e ...•t0 -Ia r_a. • •.•.,•.te Pa „,l..,.1.ee. •t<en. •-,...._ y•.. <..0 sae. <mt. t<a...w.m . w....fit ...... te .t<e.Ot. Pia seem 1.1..—.6� .6..., — c««rr.P .Sa 60 n..:t r .. tOro • • .. ugn.e... it( • too .. s▪ awn aft.= e., rat • n. e. t..•e.. inf. ai3Eit en ono in tia. J • 1 • anr ._. 'mac n._.•....,. •,Y•• .••.., . T -° om.• w u.., arta! amen as man . -- -.4- .._. _..... Y .,,,•......,.... •__.._._pan Ilia VII • ......,. , . 0 • 1,,,. repave--trawarey r,..,..•.,. uS3 am... x.e<a nrGw,.. u.n..., yr-ynv rill 'PR Or, •, M •r n. • ,-..-M.! .., ,..• • so, £ a+ ]3S •S3tlDv N30Hr9 rranz, $6 GEL .or bex 0 OP .— - G6 G 2 l On61 I ON o•S Pt • ••n •w••••� n4.d Y �•,sI - •.i.•A3 r; DLi.D :4I n 916 ruc599 RESTRICTIONS FOR GARDEN ACRES, SECTION III THE STATE OF TEXAS , COFHTY OF SRAZORIA WHEREAS, H. C. JOHNSTON and wife, Thc!% JOHNSTON, are. the legal owners of the following described prop.,cy, ,to -wit, Carden Acres, Section NO. 3, a 5ubdivie•.on of 24 lots, being 18.862 acres of land out of Tract 36 of a subdivision of the RTC RA Co. Survey, Sec. 7, Abstract 219, Oratorio County, Texas, according to Plat of record in Vol. 10, Page 77, Plat Rscords, Brazoda County, Texas. and the said H. C. JOHNSTON and wife, THELMA JOHNSTON, are desirous of imposing certain restrictions on the property listed herpinabone, of which Lotr A, 8 and C of said Subdivision are hereby reserved for comma:cial purposes only, so an to establish and maintain a ' uniform plan for the improvement and development said Subdivision as ■ highly restricted and modern. subdivision. NOW, THEREFORE, H. C. JOHNSTON and wife, THELMA JOHNSTON acting herein by and through their duly appointed Attorney-in-Paet, H. D. JOHNSTON, by Power of Attorney recorded in Vol. 91d yoga >_'• / T , Deed Records of Brazos!' County, Taws, do berenaw impose the following restrictions on said property, 1. These restrictions shall be effective from July 26, 1965 for a period of 10 years, and shall automatically be extended thereafter for successive periods of ten years; provided, by duly' recorded instrument, signed by • majority of the property owners in said property described hereinebovs, it is agreed to Change said covenants, conditions and restrictions, in whole or in part. 2. All dwellings shall contain a minima of 1400 square feet of living area and be of at least 75% masonry and of all new construction. There shall be no cement block building; Garages shall contain a minimum floor space of 350 square feet including wash room, tool roam, etc., if desired.. Servant quarters shall 7 CONwom,o crmn ara COLOR, OP MAMMA A Oa M as lapse. Y. ,.a r mind Owayiple. OMawa7a .era al twat a+„ ad Mama PO rri w, aas iaaa a.1dmI __, a.ala Ono Man iP/n OJnd 6 Toga ay: Irv4/ri- a wand MM. • V 918 rut 600 contain a minimum floe apace of Soo square feet. All construction pertaining to utility homage, servants quarters, workrooms, etc. shall be under one roof and constructed in such ■ manner that real properties shall not depreciate due to their existence. 1. All construction on lot. in said Subdivision -shall be a minimum of 25 feat back from the front lot line. 4. No trade or business of any nature shall be carried on upon any lot, nor .hall any noxious or offensive activity be carried o:d upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuiaancd tc the neigh:.; rhood. 5. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on the lot shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence. No house., homes or trailer houses shall be moved onto said lots. 6. No building shall be located nearer to the front lot line or nearer to theside street line than the building setback lines shown on the recorded plat, :io dwelling .hr.11 be built on any lot with Inc. than 100 feet road frontage. 7. No sanitary drainage or savage, di.po.al shall be drained into ditches of read right of wan sewage disposal shall comply with County Health Regulations and shall not be nearer than .10 feet to property lines. Garbage and other waste shall be handled in a clean and sanitary manner. There shall be no open toilets. 8. All vacant property must be named two (2) times per' year, or $10.00 per acre will be .ed against the rroperty, and if said sum is not paid when due, shall bear interest at the rate of 10% per annum until paid. 9. All commercial property fronting on Highway 518, being Lots A, 8 and C of said Subdivision, shall be constructed of masonry fronts or the equivalent thereof. 10. Easements for in.tallation and maintenance of 'utility r. Cray.ea m.Y G(OT.CCJTI sun or vsu COOel10 MAUMM na, w• w a.w wow, M,•...•..• 9. Y / a M—Ine /10au IM'n, wadya e Of1at BOAST CMmg Ctt • .G.1 .vet 916 ►Ici 601 and drainage facilities are reserved as.. sham on the recorded plat. 11. No building shall be erected, placed or altered on any bdlding plot in this subdivision until the building plane, speci- fications and plot plan showing the lccation■ of such hvtldinq have been approved by the Architectural Control Committee which shall.be composed of H. C. Johnston, H. D. Johnston and M. N. ncflathery. In the event of death or resignation of any member of said Committee. the remaining member or members shall have or dieapprove such design and location, tive with like authority. 12. The invalidity of any one of these covenants, whether by judgment, court order or otherwise, shall in no wise of the otherprovisions which shall remain in full force full authority to approve or to designate a representa- affect any and effect. If any of the parties hereto or any of their successors, heirs, assigns, or any owner of any interest in the above described property shall at any time violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any person or persons awning any other lot or plot in the above described property to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions, and either to prevent his or them from so doing or to recover damages or other dues for such vitiations. - EXECUTED this 26tb day of July, A. D., 1965. H. D. ohnston, Agent and Attornsy- in- ct.for H. C. Johnston and wife, Thelma Johnston arzuw•mntin ewrn Of MUGS. OAMIV COATI MOW • LOAM ,.�DIE0:7 am 916 n4602 THE STATE 0P TEXAS t COMFY OP BRAZORIA t BEFORE ME, the undersigned authority, on this day person- ally appeared H. D. JOHNSTON, known to ,Le 'o be t'e torso* whose name is subscribed to the foregoing instrument, and acknowledged to mo that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN '1NDER KY HANN:'AND SEAL OF OFFICE this.t day of ;: J yk A. D. , 1965. '.!i;F0.® FOB IS:CORD wATIO iCCK I M w17::,4:::m— .u4 291965 1././CD Honer public, Braaoria County, xas. KITH F. may Wen KY had y ban Ca . Taal i `a., SUR a, nab., aamuu man CO ,n,taRu n• Sae rbepse..,,. Re r Mid YutiFu.r can •M CA mod—• w w an* al pram. r Um FMB nate fie/ Oka I leap am* a.,�;_I cads• 06a Marl turn as Sairolta • 6,.•, DIRT ru,�