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Home My WebLink About1997-06-02 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 9, 1997, r 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 - APPLICATION NO. 212 Request of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business (GB) on the following described property, to -wit: Lot 46C1, a .5 Acre tract in the F.B. Drake Survey, A-504, ( Tax Account #: 05040070120), Brazoria County, Texas. (6709 Broadway) B. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 54 Request of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, .for a Specific Use Permit on the following described' property, to -wit: Lot 46C1, a .5 Acretract in the F.B. Drake Survey, A-504, ( Tax Account #: 05040070120), Brazoria County, Texas. (6709 Broadway) C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 214 Request of Pearland Associates, L.P., owner, for an amendment to the Land Use and Urban Development Ordinanceof said City from Classification Light Industrial , (M1) to Heavy Industrial District (M2) on the following described property, to -wit: Lot 34 of the subdivision of Section 3, HTBRR Co. Survey, A-232, recorded in Volume 29, Page 43, of the Deed Records of Brazoria County; Texas. (1871 Mykawa Road) D. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT_ NO. 55 Request of Pearland Associates L.P., owner, for a .Specific Use Permit on the following described property, to -wit: Lot 34 of the subdivision of Section 3, HTBRR Co. Survey, A-232, recorded in Volume 29, Page 43, of the Deed Records of Brazoria County, Texas. (1871 Mykawa Road) E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. th4 Request of Billy R. & Carolyn Gibson, owner, for an amendment to the Land Uise and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Multi -Family Dwelling District (MF) on , the following described property, to -wit: Lot 22, Block 3, Skyway Manor, HTBRR Survey, A-241, recorded in Volume 7, Page 67 of the Plat Records of Brazoria County, Texas. (3017 Manvel) F. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 213 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 General Business (GB) on the following described property, to -wit: Lots A and B, Section 3, Garden Acres, 2.617 acres out of Tract 36, HTBRR Survey, Section 7, A-219, recorded in Volume 10, page 77 of the plat records of Brazoria County, Texas. (5800 Broadway) G. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 132 Request of Rudolph J. Stepan, owner, for an amendment to the Land Use; and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit: Tract 35, Westchester Estates, HTBRR Survey, A-242, Brazoria County, Texas. (2816 Manvel Road) H. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 133 Request of William J. Bethel, Jr., owner, for an amendment to the Land Use,' and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit: Lot 4, Block 3, Skyway Manor, HTBRR Survey, A-241, Brazoria County, Texas. (2743 Manvel Road) I. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 136 Request of Jose David Rosa, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit:; Lot 19, Block 3, Skyway Manor, HTBRR Survey, A-241, Brazoria County, Texas. (2961 Manvel Road) J. CONSIDERATION AND POSSIBLE ACTION - Election of Chairman and Vice Chairman. IV. NEXT MEETING DATE: June 16, 1997, 6:00 p.m. ' V. ADJOURNMENT Posted: Day of , A.D., 1997 P.M. 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 2, 1997, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at 6:05 p.m. with the following present: Commissioner Don Baker Commissioner Emil Beltz Commissioner Randy Patro Commissioner Tommy L. Scott Commissioner Mary Starr City Engineer John Hargrove City Projects Coordinator Alan Mueller Secretary Judy Highburger Vice Chairman Pat Lopez and Commissioner Jack D. Mathis were absent, and Assistant City ' Manager Richard Burdine arrived at 6:08 p.m. Mr. Don Baker and Mr. Tommy L. Scott were present as newly -appointed commissioners: Mr. Burdine introduced Mr. Dennis Smith, Director of Planning and Development, and welcomed him aboard. Commissioner Emil Beltz made a motion, seconded by Commissioner Randy Patro to lelect Commissioner Mary Starr as Acting Chairman. Motion passed 4 ,to 1 (Commissioner Starr abstained). H. APPROVAL OF MINUTES: Minutes of May 19, 1997 Commissioner Patro made a motion to approve the Minutes of May 19, 1997. The motion was seconded by Commissioner Beltz. Motion passed 5 to 0. 1 III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - Amending Plat of Dixie Woods, Section Two, Lots 39 thru 51, Block 5. Out of and a part of Dixie Woods Section Two, recorded in Vol. 19, Pg. 559, 560 B.C.M.R. George W. Jenkins Subdivision, Volume 79, Page 616, Brazoria County Deed Records, in the W.D.C. Hall League, Abstract No. 70, Pearland, Brazoria County, Texas. 1 Mr. Al Lentz, of Lentz Engineering was present, and representing the owners, Dixie Group, Inc.. Mr. Lentz was asking for approval of the Amending Plat of Dixie Woods, Section Two, Lots 39 thru 51, Block 5. ' Mr. Lentz explained the purpose of the amending plat is to further clarify the location of existing pipelines and the 43 foot wide easement along the back lot line of the mentioned lots. Mr. John Hargrove, City Engineer, referred to Exhibit A in the dedicatory statements and noted that it was not identified in the drawing. Mr. Hargrove recommended approval of the plati and he and the City Attorney will withhold their signatures until the identification of made in the field notes as: " Exhibit A". Commissioner Beltz said the commissioner names stated on the plat need to be corrected. Commissioner Patro made a motion, seconded by Commissioner Beltz, to approve the Amending Plat of Dixie Woods, Section Two, Lots 39 thru 51, Block 5, with the above -mentioned corrections. Motion passed to approve 5 to 0. B. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of Kwik Lube - F.M. 518. A subdivision of 0.5803 acres of land out of Lots 28 and 29 in the Westchester Estates Unrecorded Subdivision in the H.T. & B. Railway Survey, Abstract 242, Pearland, Brazoria, County, Texas. Mr. Glenn McDowell, of Brooks and Sparks, Inc., was present representing Edwin H. Harris; Sr., Mr. Edwin H. Harris, Jr., and Marilyn Louise Bullard, owners. Mr. Hargrove recommended approval of the plat with a notation to the Minutes, `Benchmarks shall provide equations to nearest established City benchmark on the final plat; and, the Vicinity Map shall have Manvel Road (F.M. 1128) added, along with the correct city limits to be noted on the Final Plat". Commissioner Patro made a motion, seconded by Commissioner Beltz, to approve the Preliminary Plat of Kwik Lube - F.M. 518. 2 Motion passed to approve 5 to 0. C. CONSIDERATION AND POSSIBLE ACTION - Discussion item to review the proposed changes to Impact Fees. Mr. Burdine referred the Commissioners to Table 15, as he discussed how impact fees'are determined. He said there was a 10 year time frame from 1996 to 2006 in which impact projects are identified, and impact fees need to be increased due to the building of major waterwells and sanitary sewer improvements. These figures need to be examined every three years to comply with state law, and at those times the City will update land use assumptions. Mr. Burdine said the discussion items are on the table, and the City has to plan for the incurring cost now to avoid construction costs later if possible. These are projects intended to serve future development inside current city limits but the City is not looking at lengthening line outside ;city limits. He would like comments to take to City Council. Commissioner Patro asked if water and sewer allowances have been made for the newly annexed areas, and Mr. Burdine said that the areas along FM 518 and SH 288 were included. 1 Commissioner Tommy L. Scott questioned if tap fees are required to tie onto city services, land Mr. Burdine replied that impact fees must be paid when someone ties on and that tap fees are also charged, based on actual costs of making a tap. Mr. Burdine asked for comments to take to City Council. Commissioner Patro said he felt) the proposed impact fees were a fair price. Commissioner Patro made a motion to recommend inclusion of Table 15 for Council members review. Motion was seconded by Commissioner Baker. Motion passed 5 to 0. D. CONSIDERATION AND POSSIBLE ACTION - Discussion item to review, the CO- Corridor Overlay District. 1 Mr. Alan Mueller, City Projects Coordinator, began the discussion with reference to the CO - Corridor Overlay District draft which includes Centennial Boulevard, Oiler Drive, and the proposed "Pear Blossom Parkway". Mr. Mueller introduced Mr. Peter Boecher with Vernon Henry and Associates, who was instrumental in the preparation of the draft. Mr. Boecher said the proposed standards were drawn from other cities which included various deed restrictions and guidelines to make this recommendation to the City of Pearland. He went over each heading on the draft for clarification and the Commissioners helped fine tune some of the wording. 3 Mr. Boecher will return at a future meeting with a revised draft for the Commissioners approval. No action was taken. IV. NEXT MEETING DATE: Monday, June 9, 6:30 p.m., Joint Public Hearing. V. ADJOURNED: 8:27 p.m. Minutes approved as submitted this 1997. ATTEST: Pat Lopez, Vice C day of 410 n / G A.D., PRO 1105E . F 4/i'c,{'4 7/0 Ai S annul ill I d tWa-IJf11111111.9__ (F.M. 1518) TABLE OF CONTENTS City of Pearland Officials Application for Zoning Change Project Description Economic Benefits Aerial Survey Plan Appendix o Development Team o Project Photos The City of Pearland, Texas Planning and Zoning: Chairman Pat Lopez Vice Chairman Emil Beltz Mr. Randy Patro, Commissioner Ms. Mary Starr, Commissioner Mr. Jack D. Mathis, Commissioner Mr. Don Baker, Commissioner Mr. Tommy L. Scott, Commissioner City Council: Mayor Tom Reid Mr. Bill Berger, Councilman Ms. Helen Beckman,Councilwoman Mr. Kevin Cole, Councilman Mr. Richard Tetens, Councilman Mr. Larry Wilkin, Councilman APPLICATION FOR ZONING CHANGE A formal request was submitted to the Planning and Zoning Commission of The City of Pearland for a zoning change from Suburban Development (SD) to Multi Family Dwelling District (MF). A Request for Change is based on the following: o Unimproved Raw Land is non performing o Property is situated and buffered by a lake separating developments o Increase Tax Base to the City and Citizens of Pearland o Highest and Best Use for the Property o Adjoining land and business owner approval o Beautification of the property O'DAY RENTAL AND SUPPLY, INC. 5720 FM 518 P.O. BOX 149 PEARLAND, TEXAS 77588 (713) 485-5111 June 9, 1997 Frank D. Barringer, Trustee P. O. Box 867 South Houston, Texas 77587 RE: City of Pearland Zoning Board Dear Frank, I do not have any objections to the property next to ours being rezoned for multi -family usage. We would welcome the new development. If you need any further information, please call. Siinrerely, Orlen W. O'Day PROJECT DESCRIPTION Westlake Apartments, a residential community, will be situated next to a 14-acre lake and consist of approximately 260 multi -family units together with approximately 550 parking spaces. The security and private entrance to Westlake Apartments will adjoin ODay's Hardware on the north west side of the 33-acre property. This residential community, with extensive landscaping, will be buffered by the scenic lake towards the eastern portion of the property and separated from the south by County Road 91, to the north by FM 518, to the east by a green belt between West Oaks, and to the west by ODay's Hardware and an independent landowner. The Westlake Apartment Residential Community, of two and three story design, will contain a mix of one bedroom, two bedroom and three bedroom energy efficient designed residences offering full kitchen facilities including microwaves, ceiling fans, ceramic tile, wall to wall carpet, fireplaces, individual alarms, vaulted ceilings, and washer and dryer options. Other appealing features includes its 14-acre scenic lake, a planned walking and jogging trail, benches nestled amongst the landscape viewing the lake, and its proximity to youth recreational fields across CR 91. The demographic profile of the resident will maintain the same quality standards currently earned by the citizens of Pearland. National Data Systems estimated average income for Pearland is $53,895. with 72% of the population earning between $25,000. and $99,000. per year. Over 28% of the residents of Pearland enjoy the luxury of rental occupied property. The average rent for Westlake Apartments will be approximately $750. per month. The typical resident is affluent, college educated, and employed in a services, educational, or managerial profession. The property islocated within Pearland ISD, and approximately 3/4 mile from the to be developed Albertson's Community Shopping Center. ECONOMIC BENEFITS The existing raw land is unimproved and is a non -performing asset to the owner and a minimal tax revenue to the City of Pearland. Unimproved Property Present Tax Revenue: $ 9,721.90 per year Unimproved Property Present Valuation: $ 327,000. Based on a development of approximately 260 units the improved property and valuation increases approximately 200%. Improved Property Tax Revenue: Improved Property Valuation: $ 200,000. per year $ 8,000,000. estimate OTHER ECONOMIC BENEFITS: o Retail Sales (Groceries, Restaurants, Services, etc.) o Tax Base Increase o Employment o Construction Services Dads Club Community Park C.R. 91 Fndl 2']P I0ist. ) (lacy Fnd1"2'[R y / / s; 04, �h Vol. 1094 P. 599 j 0 0 , S ° Fnd3q'[P Barbed wire fence coI North NO0'00'19at 1269.79ft > }{{ Swale - — -- --- -�v07-].5__ oo; S±r10 9.Closed by Comit ea I onera Cowrlt — n Set1'2" I R M„SS 9So685 } pOQa Top of Bank I) 0 0 CD I I 0 S00°41'15"E 19.92ft tool North 20.0') Fred-3/A"IPA /Fnd.SJ&"IR Ik0,0•00'"201E 1250.g0ft /Swale/ 5' Chotn Iink fence ..._1 rb, f rY ___ mm ■. ■ i 0 0 0 9° 9°°x41, Area = 1425071.15 sq. ft 32.72 acres Lake Area - 610145.18 sq. ft 14.01 acres S00"02'07"W 2157.32-Ft Top of Bank N00°02'07"E 2540.61f+ West Oaks Sec. 1 ? Vol. 19 Pg. 55 & 56 BCMR F6M es t. Surrey mode. v7t 0%t aeatfit of a aarrent title report. V. 1679 ,Pg.. 152 Aszsrissafreagygar We6tO5aks avremeni 420/ I, hereby 0ortify- - "-ground under m time ofe ear \b .. avid. IIP.L.S. Tex. Reg. Ncr 4065 Fnd.1/2"IR a 1• set°,2"IR Barbed wire fence �--- �3if3wSets.— W 0 — Fnd.3/4"IP to w CO N W .e-Fnd.3/4"IP z CO cn tri m 1Fnd.'x' out to oono. Aapha4t Drive Gates V'l PP94S 6Bc 106 Top of Bank-, Set G2' I R orrectly represents a survey made on the d correctly irepreaen� the facts found at th no Viet roach roach# me other than shown f Oavld C. Newell. P.L.S. 1005 Francis Street Poeadena.Texae 77506 (713) 475 - 0661 Toe Fnd.1/2"IR z 03 01 m u, m r Fnd.1/2"IR �Dleo cot ,Brass Boundary Survey 32.72 Acres of land of the HTB & RR Survey. A-241 of Pecrland.Brazoria Co.Texas DEVELOPMENT TEAM Commerce Equities, Inc. Development Manager The Steinberg Collaborative, AIA Architects and Planners Sheperd/Crane Engineers Consulting and Structural Engineers Ensource Environmental Consultants Pearland, Texas Total Hospitality Interior Designs TRI Corporation Financial Lender 1 X;dw ' N1,L5111Y JNIQNK'I TIIWQNIM RIVERCREST APARTMENTS SUGAR LAND, TEXAS 1 AGENDA - REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 9,1997, 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 - APPLICATION NO. 212 Request of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business (GB) an the following described property, to -wit: Lot 46C1, a.5 Acre tract in the F.B. Drake Survey, A-504, ( Tax Account #: 05040070120), Brazoria County, Texas. (6709 Broadway) B. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 54 Request of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, for a Specific Use Permit on the following described property, to -wit: Lot 46C1, a.5 Acre tract in the RB. Drake Survey, A-504, ( Tax Account #: 05040070120), Brazoria County, Texas. (6709 Broadway) C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 214 Request of Pearland Associates, LP., owner, for an amendment to the Land Use and Urban Development Ordinance of said City front Classification Light Industrial (MI) to Heavy Industrial District (M2) on the following described property, to -wit: Lot 34 of the subdivision of Section 3, HTBRR Co. Survey, A-232, recorded in Volume 29, Page 43, of the Deed Records of Brazoria County, Texas. (1871 Mykawa Road) D. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 55 Request of Pearland Associates LP., owner, for a Specific Use Permit on the following described property, o-wit: Lot 34 of the subdivision of Section 3, HTBRR Co. Survey, A-232, recorded in Volume 29, Page 43, of the Deed Records of Brazoria County, Texas. (1871 Mykawa Road) E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 174 Request of Billy R. & Carolyn Gibson, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Multi -Family Dwelling District (MF) on the following described property, to -wit: Lot 22, Block 3, Skyway Manor, HTBRR Survey, A-241, recorded iu Volume 7, Page 67 of the Plat Records of Brazoria County, Texas. (3017 Manvel) F. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 213 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 General Business (GB) on the following described property, to -wit: Lots A and B, Section 3, Garden Acres, 2.617 acres out of Tract 36, HTBRR Survey, Section 7, A-219, recorded in Volume 10, page 77 of the plat records of Brazoria County, Texas. (5800 Broadway) G. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 132 Request of Rudolph J. Stepan, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit: • Tract 35, Westchester Estates, HTBRR Survey, A-242, Brazoria County, Texas. (2816 Manuel Road) H. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 133 Request of William J. Bethel, Jr., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit: Lot 4, Block 3, Skyway Manor, ITTBRR Survey, A-241, Brazoria County, Texas. (2743 Manvel Road) I. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 136 Request of Jose David Rosa, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit: Int 19, Block 3, Skyway Manor, I-ITBRR Survey, A-241, Brazoria County, Texas. (2961 Manvel Road) k II J. CONSIDERATION AND POSSIBLE ACTION - ELECTION OF CHAIRMAN AND VICE CHAIRMAN , IV. NEXT MEETING DATE: June 16, 1997, 6:00 p.m. V. ADJOURNMENTp Posted: %'Wri Day of ' _ - , A.D., 1997 /2 :a I P.M. bil . 91/t4nE Removed: /U 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 9,1997, 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 7:27 p.m. with the following present: Vice Chairman Pat Lopez Commissioner Don Baker Commissioner Einil Heitz Commissioner Jack D. Mathis Commissioner Randy Patro Commissioner Tommy L. Scott Commissioner Mary Starr City Projects Coordinator Alan Mueller City Planning & Development Director Dennis Smith Secretary Judy Highburger City Engineer John Hargrove and Assistant City Manager Richard Burdine were absent. II. APPROVAL OF MINUTES: Minutes of June 2, 1997 A motion was made by Commissioner Mary Starr, and seconded by Commissioner Emil Beltz to approve the Minutes of June 2, 1997. Motion passed to Approve 7 to 0. III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 212 Request of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General 1 Business (GB) on the following described property, to -wit: Lot 46C1, a .5 Acre tract in the F.B. Drake Survey, A-504, ( Tax Account #: 05040070120), Brazoria County, Texas. (6709 Broadway) Commissioner Randy Patro made a motion, seconded by Commissioner Tommy L. Scott, to approve Application No. 212. Motion passed to Approve 7 to 0. B. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 54 Request of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, for a Specific Use Permit on the following described property, to -wit: Lot 46C1, a .5 Acre tract in the F.B. Drake Survey, A-504, ( Tax Account #: 05040070120), Brazoria County, Texas. (6709 Broadway) Commissioner Beltz made a motion, seconded by Commissioner Jack D. Mathis to approve Specific Use Permit No. 54. Motion passed to Approve 7 to 0. C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 214 Request of Pearland Associates, L.P., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Light Industrial (M1) to Heavy Industrial District (M2) on the following described property, to -wit: Lot 34 of the subdivision of Section 3, HTBRR Co. Survey, A-232, recorded in Volume 29, Page 43, of the Deed Records of Brazoria County, Texas. (1871 Mykawa Road) A motion was made by Commissioner Starr, and seconded by Commissioner Mathis to approve Application No. 214. Motion passed to Approve 7 to 0. D. CONSIDERATION ANI) POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 55 Request of Pearland Associates L.P., owner, for a Specific Use Permit on the following described property, to -wit: Lot 34 of the subdivision of Section 3, HTBRR Co. Survey, A-232, recorded in Volume 29, Page 43, of the Deed Records of Brazoria County, Texas. (1871 Mykawa Road) 2 A motion was made by Commissioner Starr, and seconded by Commissioner Beltz to approve Specific Use Permit No. 55 with the following stipulation: "For the blending and storage of petroleum products". Motion passed to Approve 7 to 0. E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 174 Request of Billy R. & Carolyn Gibson, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Multi -Family Dwelling District (MF) on the following described property, to -wit: Lot 22, Block 3, Skyway Manor, HTBRR Survey, A-241, recorded in Volume 7, Page 67 of the Plat Records of Brazoria County, Texas. (3017 Manvel) Discussion began with Commissioner Scott's concern that the property is not large enough to handle a Multi -Family Zone, due to the amount of septic lines that will be needed for more than one residence. Vice Chairman Pat Lopez said that was not the concern of the Commission, and the focus should be on the proper use of the land. Commissioner Beltz said a duplex is allowed , in that category. Commissioner Patro said that with the school going in nearby, the owners could ' tie onto those sewer lines. Commissioner Starr said this seemed to be spot zoning. Conunissioner Patro made a motion, seconded by Commissioner Scott to deny Application No. 174. Motion to Deny failed 3 to 4 (Commissioners Don Baker, Starr, Mathis, and Beltz voted nay). Further discussion ensued. Vice Chairman Lopez said if the property was newly platted, it must meet the requirements of the Land Use Ordinance, but it is newly annexed. Commissioner Scott said the existing use should be R-1. City Projects Coordinator Alan Mueller said according to the Land Use Ordinance, Section 24.2, No. 1, Lot Area Deficiency allows for previously platted property. Commissioner Starr asked if there was vacant land around the property, to which Mr. Mueller replied the property north of it is a shed with miscellaneous equipment stored on it. Commissioner Beltz made a motion, seconded by Commissioner Mathis, to approve Application No. 174. Motion passed to Approve 4 to 3 (Commissioners Patro,, Scott, and Vice Chairman Lopez voted nay. F. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 213 Request of Josephine M. Leggio, owner, for an amendment to the Land Use and Urban Development Ordinance •of said City from Classification Suburban 3 Development District (SD) to General Business (GB) on the following described property, to -wit: Lots A and B, Section 3, Garden Acres, 2.617 acres out of Tract 36, HTBRR Survey, Section 7, A-219, recorded in Volume 10, page 77 of the plat records of Brazoria County, Texas. (5800 Broadway) A motion was made by Commissioner Patro, and seconded by Commissioner Beltz to approve Application No. 213. Motion passed to Approve 7 to 0. G. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 132 Request of Rudolph J. Stepan, owner„ for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit: Tract 35, Westchester Estates, HTBRR Survey, A-242, Brazoria County, Texas. (2816 Manvel Road) Commissioner Baker asked if there was other Commercial zoning in the vicinity, to which Mr. Mueller said there was an air conditioning service nearby. Commissioner Patro said there; is a tavern close by that is zoned General Business. Commissioner Patro made a motion to deny Application No. 132, that was seconded by Commissioner Starr. Motion passed to Deny 7 to 0. H. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 133 Request of William J. Bethel, Jr., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit: Lot 4, Block 3, Skyway Manor, HTBRR Survey, A-241, Brazoria County, Texas. (2743 Manvel Road) Concerns of the Commissioners were if Commercial zoning was the best use of the land, since the business was an air conditioning service. Mr. Mueller stated the Land Use Ordinance has a category for plumbing services that is Commercial zoning. Commissioner Patro said that was vague. A motion was made by Commissioner Beltz, and seconded by Commissioner Mathis to approve' Application No. 133. 4 Motion passed to Approve 6 to 1 (Commissioner. Patro voted nay). I. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 136 Request of Jose David Rosa, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to-wit:1 Lot 19, Block 3, Skyway Manor, HTBRR Survey, A-241, Brazoria County, Texas. (2961 Manvel Road) Discussion began with Commissioner Starr stating that since the property owner is in the process of getting the building ready to open as an automobile body shop, the requested Commercial zone is proper. Commissioner Patro asked if the property would be automobile sales and repair, and Commissioner Beltz said no. Commissioner Patro said according to the Land Use Ordinance, an automobile body shop would fit into the General Business category. Commissioner Patro made a motion to deny Application No. 136. Motion failed for lack second. of a Commissioner Mathis made a motion, seconded by Commissioner Beltz to approve Application No. 136. Motion passed to Approve 6 to 1 (Commissioner Patro voted nay). J. CONSIDERATION AND POSSIBLE ACTION - Election of Chairman and Vice Chairman. Commissioner Beltz made a motion, seconded by Commissioner Mathis to elect Vice Chairman Lopez as Chairman for his unexpired term. Motion passed 6 to 0 (Vice Chairman Lopez abstained). Commissioner` Mathis made a motion to elect Commissioner Beltz by acclamation as Vice Chairman for his unexpired term. Commissioner Scott seconded the motion. Motion passed 6 to 0 (Commissioner Beltz abstained). IV. NEXT MEETING DATE: June 16, 1997, 6:00 p.m. V. ADJOURNED: 8:10 p.m. 5 Minutes approved as submitted this day of Pat Lopez, Chairman tiuk ger, Secary 6