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Home My WebLink About1998-02-23 P&Z MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING] AND ZONING COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, FEBRUARY 23, 1998, •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 7:24 p.m. with the following present: Chairman Pat Lopez Vice Chairman Emil Beltz Commissioner Don Baker Commissioner Tommy Scott Commissioner Jack D. Mathis Commissioner Mary Starr Secretary Judy Highburger City Engineer John Hargrove, Project Coordinator Alan Mueller, and Commissioner Nghiem Doan were absent. Commissioner Mary Starr arrived at 7:26 p.m., and Director of Planning and Development Dennis Smith arrived at 7:34 p.m. H. APPROVAL OF MINUTES: February 16, 1998 A motion was made by Commissioner Jack Mathis and seconded by Commissioner Don Baker to approve the Minutes of February 16, 1998. Motion passed to approve 5 to 0. III. NEW BUSINESS _ A. CONSIDERATION AND POSSIBLE ACTION - ZONING APPLICATION NO. 238 Request of Thomas W. & Candace M. Dewey, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Heavy Industrial (M-2) on the following described property, to wit: A tract of land, out of Lot 19, of the Allison -Richey Gulf Coast Home Co. Subdivision, Section 29, H.T. & B. R.R. Co. Survey, A-292, Brazoria County, TX (4808 Main Street). B. CONSIDERATION AND POSSIBLE ACTION - ZONING APPLICATION NO. 239 Request of Thomas W. & Candace M. Dewey, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Heavy Industrial .(M-2) on the following described property, to wit: A 3.0 ac. Tract of land, out of Lot 19, of the Allison -Richey Gulf Coast Home Co. Subdivision, Section 29, H.T. & B. R.R. Co. Survey, A-292, Brazoria County, TX (4818 Main Street.) A motion to join Applications No. 238 and 239 was made by Commissioner Tommy Scott and seconded by Commissioner Mathis. Motion to join passed 5 to 0. A motion to approve Applications No. 238 and 239 was made by Vice Chair Emil Beltz, and seconded by Commissioner Scott. Motion to approve passed 6 to 0 (Commissioner Nghiem Doan arrived at 7:26 p.m.). C. CONSIDERATION AND POSSIBLE ACTION - ZONING APPLICATION NO. 246 Request of Juan Jorge & Maria A. Rodriguez, owner, 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 property, to wit: Being a parcel of land in the south % of Lot 18, Allison -Richey Gulf Coast Home Co. Subdivision, section 9, H.T. & B. R.R. Co. survey, A-234, Brazoria County, TX (13619 Max Road). A motion was made by Commissioner Starr, and seconded by Vice Chair Beltz to approve Application No. 246. Motion to approve passed 6 to 0. D. CONSIDERATION AND POSSIBLE ACTION - ZONING APPLICATION NO. 250 Request of Ms. Beverly Ruffin, owner, 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 property, to wit: Lot 16, Block 1, of Skyway Manor subdivision, according to the plat recorded in Vol 7, pg. 67, of the plat records of Brazoria Co., TX (3011 Piper Road) 2 A motion was made by Commissioner Baker, and seconded by Commissioner Scott to approve Application No. 250. Motion to approve passed 6 to 0. E. CONSIDERATION AND POSSIBLE ACTION - ZONING APPLICATION NO. 254 Request of Alejandro & Carmen Jasso, owner, 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-2) on the following described property, to wit: Being 0.155 acres situated in the west / of the northwest % of the northeast.. , section 15, H.T. & B. R.R. Co. survey, A-241, Brazoria County, TX (2721 Morenci Street). Discussion began with Chairman Pat Lopez stating that R-2 should not be approved in a R-1 area, and if the square footage of the property does not fit the category it should be grandfathered in to keep consistency in the neighborhood. Mr. Smith said the owner could request R-1 zoning with a variance. Commissioners Scott and Starr said they were against spot zoning, and Commissioner Mathis said this would set a precedent for other R-2 requests if approved. Commissioner Starr said a variance would stay with the property. A motion was made by Commissioner Scott, and seconded by Commissioner Mathis to deny Application No. 254. Motion passed to deny 6 to 0. F. CONSIDERATION AND POSSIBLE ACTION - ZONING APPLICATION NO. 255 Request of Jose R. Delacerda, Jr., 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: A 0.25 acre tract out of Lot 74, Figland Orchard Subdivision, in the H.T. & B. RR Co. Survey, A-240, Brazoria Co., TX (15031 Harkey Road). Chairman Lopez started the discussion and reminded the Commissioners to keep in mind the comments made at the Joint Public Hearing, and their challenge is to focus on the use of the land and policing of the property (cars parked in the right-of-way, noise, etc.) Commissioner Mathis asked if the business is in existence, and Mr. Smith said it was under contract prior to annexation and is an existing business now. Chairman Lopez said the City could not document prior businesses on the property. Mr. Smith said it is grandfathered as an existing business. 3 Mr. Smith is concerned about the lot size, and referred to Section 24.2 of the Land Use Ordinance to qualify the lot's deficiency if platted prior to annexation. He went on to say that noise abatement and sign ordinances are covered under code enforcement. Mr. Smith said the business could continue to be grandfathered and if it shuts down, the new owners would have to start over and rezone the property. A motion was made by Commissioner Scott, and seconded by Commissioner Starr to approve Application No. 255. Motion passed to approve 5 to 1 (Vice Chair Beltz voted nay. G. CONSIDERATION AND POSSIBLE ACTION - ZONING APPLICATION NO. 275 Request of Beazer Homes Texas, owner, by Patricia D. Knudson & Associates, agent, 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-3) on the following described property, to wit: An 84.00 acre tract located in the H.T. & B. RR Co. Survey, A-309 and being out of a called 160 acre tract described in Vol. 1144, pg. 590, Brazoria County Deed Records. A motion was made by Commissioner Mathis to approve Application No. 275, and was seconded by Vice Chair Beltz. Motion passed to approve 6 to 0. H. CONSIDERATION AND POSSIBLE ACTION - ZONING APPLICATION NO. 267 Request of George D. & Mary Fishman, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Light Industrial (M-1) on the following described property, to wit: Being 3.3 acres out of the Allison -Richey Gulf Coast Home Co. Survey, Volume 885, pg 288, of the Deed Records, Brazoria County, TX (2726 Morris Rd.) Mr. Smith informed the Commission that the applicant could request Commercial zoning as well as M-1. Vice Chair Beltz asked will the property be used for boat storage as well as a repair shop, and Mr. Smith said he was unaware of the owner's intentions. Mr. Smith said if the property fronted on Hwy 288, the owner could request General Business or Office Professional. Commissioner Starr said the property can be seen from McHard Road. Commissioner Scott said it is the responsibility of staff to counsel with applicants to ensure proper zone categories, and Mr. Smith said that staff does. Mr. Smith said the requested zone change was not the best use of the land, and Commissioner Starr said if approved, this would open up the area to M-1 zoning. 4 A motion was made by Commissioner Scott to deny Application No. 267, and was seconded by Commissioner Mathis. Motion to deny passed 6 to 0. IV. NEXT MEETING DATE: March 2, 1998, 6:00 p.m. V. ADJOURNED: 7:55 p.m. Minutes approved as submitted this Z. day of i /1Aa _. la A.D., 1998. ATTEST: �Hi�0,� s ger, Secret Pat Lopez, Chairman 5