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HomeMy WebLinkAbout1997-04-28 P&Z MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, APRIL 28, 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 7:02 p.m. with the following present: Vice Chairman Pat Lopez Commissioner Emil Beltz Commissioner Randy Patro Commissioner Mary Starr City Engineer John Hargrove Secretary Judy Highburger Commissioners Marshall Eggers and Jack D. Mathis were absent. Assistant City Manager Richard Burdine and City Projects Coordinator Alan Mueller arrived at 7:04 p.m. II. APPROVAL OF MINUTES: Not available at this date III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 122 Request of E. Mauris Hardcastle, agent for Bob G. York, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Light Industrial District (M- 1) on the following described property, to -wit: Lot 3 of the east X of the NW of Sec. 15, HTBRR Co., A-241, Brazoria County, Texas, recorded in Volume 441, Page 265 of the Deed Records. (5518 Broadway). Mr. Mauris Hardcastle, agent for Bob G. York, owner, was present and seeking approval of Application No. 122. Chairman Pat Lopez asked for further discussion or a motion. Commissioner Randy Patro felt that if the application came in for a lower category, it still would be in a predominately residential 1 area. Commissioner Mary Starr stated that the business is already in place, but needs to be a non- conforming use, and is of the opinion the M-1 category does not fit this instance. Commissioner Patro made a motion, seconded by Commissioner Starr to deny Application No. 122. Motion passed to deny 4 to 0. B. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 117 Request of E. Mauris Hardcastle, agent for Frances Powell Adams, 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: The east 4 of Lot 64, HTBRR Co. Survey, Section 9, A-234, Brazoria County, Texas, recorded in Volume 113, Page 241 of the Deed Records. Mr. Mauris Hardcastle, agent for Frances Powell Adams, owner, was present and seeking approval of Application No. 117. There was no further discussion or comments. Commissioner Emil Beltz made a motion seconded by Commissioner Starr to approve Application No. 117. Motion passed to approve 3 to 1 (Commissioner Patro abstained). C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 118 Request of E. Mauris Hardcastle, agent for Robert L. Petty, 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 1 and 2 of Skyway Manor Subdivision, an addition in Brazoria County, Texas, as recorded in Volume 7, Page 67 of the plat Records. Mr. Mauris Hardcastle, agent for Robert L. Petty, owner, was present and seeking approval of Application No. 118. Vice Chairman Lopez said since there was the public hearing, and if there was no further discussion, a motion is in order. Commissioner Starr made a motion, seconded by Commissioner Beltz to approve Application No. 118. Motion passed to approve 3 to 1 (Commissioner Patro abstained). 2 D. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 119 Request of Arthur A. Partain, 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: A 1.3068 acre tract, more or less, out of Lot 5 of the partition of the Fast ': of the Northwest '/, of Section 15, HTBRR Co. Survey, A-241, Brazoria County, Texas, recorded in Volume 441, Page 265 and re -recorded in Vol. 593, P. 56 of the Deed Records, (6826 Broadway). E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 120 Request of Authur Partain, 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: A portion of the East '2 of the NW/, of Sec. 15, HTBRR Co. Survey, A-241, Brazoria County, Texas; also being a portion of Lot 4 of the Plat recorded in V. 441., P. 265, of the Deed Records; also being referenced by a judgement of partition in V. 591, P. 56, (6816 Broadway). F. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 121 Request of Arthur Partain, 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: A portion of the East % of the NW '/< of Sec. 15, HTBRR Co. Survey, A-241, Brazoria County, Texas; also being a portion of Lot 4 recorded in V. 441, P. 265 of the Deed Records; also referenced by judgement of partition in V. 591, P. 56, (6806 Broadway). Commissioner Beltz made a motion, seconded by Commissioner Starr to join Application Nos. 119, 120, and 121. Motion passed to join 4 to 0. Mr. Burdine said staff recommends tabling the items because comments at the Public Hearing made present usage of the property unclear, and is concerned if it would fit into the category of Commercial zoning. He went on to say if it is a salvage business, that requires M-1 zoning, and if it is heavy equipment sales, storage and repair, that requires a Specific Use. Commissioner Patro made a motion to follow staffs recommendation and table Application Nos. 119, 120, and 121. Motion seconded by Mary Starr. 3 Motion to table failed 4 to 0. Mr. Burdine said based on Mr. Partain's neighbors' concerns, and with Mr. Partain's approval, staff would like to tour the property to check the present usage. Staff will give prior notice to Mr. Partain of the upcoming tour. Commissioner Starr stated that if the property was zoned Commercial, it would fit into what seems to be the proper category and be to Mr. Partain's advantage as allowing the highest and best use of the property. She went on to say if we are establishing a pattern, we should take that into consideration, and M1 or M2 is not going to go into that area. Mr. Burdine said each request needs to stand on its own. Vice Chairman Lopez said staff would like the opportunity to give other options to Mr. Partain. Commissioner Starr made a motion, seconded by Commissioner Beltz to table Application Nos. 119, 120, and 121. Motion to table passed 4 to 0. IV. NEXT MEETING DATE: May 5, 1997, 6:00 p.m. V. ADJOURNED: 7:20 p.m. Minutes approved as submitted this 5�1 day of Mai A.D., 1997. ..Pat-hep Al _LST: nman //Clli>¢ l`iir7* 4