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HomeMy WebLinkAbout1998-10-26 P&Z MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 26, 1998, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING, HELD IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The Planning and Zoning Commission Meeting was called to order at 7:25 p.m. with the following present: Chairman Mary Starr Commissioner Pat Lopez Commissioner Jack Mathis Commissioner Emil Beltz Commissioner Nghiem Doan Director, Planning & Community Development Dennis Smith City Engineer John Hargrove Planning & Zoning Secretary Nelda Patterson Vice -Chairman Tommy Scott was absent. II. APPROVAL OF MINUTES Meeting of October 12, 1998 The minutes for the previous meetings of October 12, 1998 were presented for review and approval. Commissioner Emil Beltz made a motioned, seconded by Commissioner Jack Mathis, to approve the minutes as presented. Motion passed 5 to 0. III. OLD BUSINESS CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 287 Request of Ms. John E. Wooten, owner, for an amendment to the Land Use and Urban Development of said City from Suburban Development (SD) to Mobile Home Dwelling District (MH) on the following described property, to wit: Legal Description: Being the W'/ of the S'/: of tract 29, Allison Richey Gulf Coast Home Suburban Gardens Subdivision, Sect. 85, HT & B 1 Owner: RR Co. survey, A-304, Vol. 2, pg. 107 of the Plat records of Brazoria Co., TX (2007 Wooten Road) Mrs. John E. Wooten P.O. Box 1682 Pearland, Texas 77588 Chairperson, Mary Starr read the property description. Director of Planning & Community Development Dennis Smith noted that this application had previously been tabled pending the development of a MH specific zoning by the City Attorney. A document approved by the State Attorney General is being reviewed and revised for this purpose and the staff and City Attorney recommends approval during the completion process. Commissioner Pat Lopez expressed concerns for approving a zoning under the current Ordinance. Commissioner Jack Mathis requested the definition of the Zone and the restrictions attached to the Ordinance. Commissioner Pat Lopez made the motion, seconded by Commissioner Emil Beltz, to deny Zone Change Application No. 287 for Mobile Home Dwelling District (MH). Motion to deny passed 5 to 0. IV. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No.571 Request of R. West Development Co., Inc., agent for Elizabeth Alexander Nisbet, owner for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-2) to Single Family Dwelling District (R-4 PUD) on the following described properties, to wit: Legal Description: 66.69 acres of land, being a part of lots 16, 17, 18, & 25, of the L. W. Murdock subdivision, ACH & B survey, sect. 2, A-507, Brazoria County, Texas, according to the plat recorded in Volume 29, pg. 174, Deed Records of Brazoria County, Texas, and also being a part of the H. Stevens Survey, A-594, Brazoria County, Texas, and being a part of that certain 207.179 ac. 2 tract described in a deed from John Alexander and A. Guy Crouch as independent executors and trustees of the Estate of Helen F. Alexander to Elizabeth Alexander Nisbet dated June 4, 1981, and recorded in Vol. 1597, pg. 315, deed records, said 66.69 acres being more particularly described as follows: Commencing at a 1 inch pipe set in the Northeast right-of-way line of State Highway No. 35 (100 foot right-of-way) for the Northwest corner of the herein described tract and the Southwest corner of a 6.8744 acre tract described in a deed from Elizabeth A. Nisbet to the City of Pearland recorded in Clerk's File 96-03885, said point being located South 29 deg. 37 min. 20 sec. East - 135.0 feet from a 5/8 inch iron rod found at the Southwest corner of an 83.3719 acre tract heretofore sold to Pearland Independent School District out of the original 207.179 acre tract and recorded in Vol. (88) 552, pg. 385, Official Records; THENCE in an Easterly direction, along the Southerly line of said 6.8744 acre tract hereafter referred to as the South line of Oiler Drive, following a curve to the right having a Radius of 865.0 feet, Central Angle 20 deg. 19 min. 49 sec., an arc distance of 306.93 feet (Chord Bearing & Distance - North 70 deg. 19 min. 27 sec. East-305.32) to a 1 inch iron pipe set at the P.T. of said curve; THENCE North 80 deg. 38 min. 05 sec. East, East, continuing along the South line of Oiler Drive, a distance of 727.89 feet to a 1 inch iron pipe set at the P.C. of a curve to the left; THENCE continuing along the Southerly line of Oiler Drive, following a curve to the left having a Radius of 2135.0 feet, Central Angle 03 deg. 17 min. 46 sec., an arc distance of 122.83 feet (Chord Bearing and Distance - North 79 deg.. 00 min. 33 sec. East - 122.81) to a % inch iron rod set for the PLACE OF BEGINNING of the herein described tract and the Northeast corner of a 40.29 acre tract this day surveyed; THENCE continuing along the Southerly line of Oiler Drive, following a curve to the left having a Radius of 2135.0 feet, Central Angle 28 deg. 58 min. 46 sec., an arc distance of 1079.85 feet (Chord Bearing & Distance - North 62 deg. 52 min. 17 sec. East - 1068.38) to an "X" chiseled in concrete at the Southeast corner of said 6.8744 acre tract and bearing in the Northeast line of the aforementioned 207.179 acre tract and the Southwest line of the Aaron Pasternak, Trustee, tract recorded in Volume 1023, pg. 297, Deed Records, said point being in the common line of the A.C.H. & B. Survey, A-507, and the W.D.C. Hall Survey, A-70; THENCE in a Southeasterly direction following a curve to the right having a Radius of 1330.0 feet, Central Angle of 15 deg. 50 min. 34 sec. Chord Bearing and Distance of South 38 deg. 01 min. 06 sec. East - 366.59 feet, for an arc distance of 367.76 feet to the P.T. of said curve; THENCE South 30 deg. 05 min. 49 sec East a distance of 123.22 feet to a %s inch iron rod set at the P.C. of a curve to the left; THENCE following said curve to the left having a Radius of 1470.0 feet, Central Angle of 09 deg. 36 min. 48 sec., Chord Bearing and Distance of South 34 deg. 54 min. 13 sec. East - 246.35 feet, for an arc distance of 246.64 feet to a % inch iron rod set at the P.T. of said curve; THENCE South 44 deg. 00 min. 27 sec. West a distance of 68.69 feet to a 'A inch iron rod set for corner; THENCE South 45 deg. 34 min. 51 sec. East a distance of 1863.98 feet to a A inch iron rod set in the South line of the aforementioned 207.179 acre tract and the North line of Lot 161 of the Zychlinski Subdivision of the G. C. Smith Survey, A-551, .Brazoria County, Texas, and the North line of the Ray C. McKenzie, Jr. Tract recorded in Clerk's File 93-003219; THENCE South 89 deg. 11 min. 07 sec. West, along the North line of the G. C. Smith Survey,,A-551, and a South line of the H. Stevens Survey, A- 594, and the North line of Lot 161, passing its Northwest corner and the Northeast corner of Lot 162 as described in that Deed to Mary Ethel Wolf recorded in Clerks File 94-030005, and continue along the North line of Lot 162, at 2058.25 feet, pass a 2 inch iron pipe found at the Northwest corner Lot 162 and the Northwest corner of the G. C. Smith survey, A-551, and an ell corner of the H. Stevens Survey, A-594, which is also an ell corner of the 207.179 acre tract, and continue for a total distance of 2275.18 feet to a '/z inch iron rod set for the Southwest corner of the herein described tract and a corner of said 40.92 acre tract; THENCE North 29 deg. 31 min. 20 sec. West, along the East line of said 40.29 acre tract, a distance of 433.79 feet to a %2 inch iron rod set for corner; THENCE North 07 deg. 57 min. 55 sec. East a distance of 186.71 feet to a '/2 inch iron rod set for corner; THENCE North 09 deg. 42 min. 16 sec. West, along the .East line of said 40.29 acre tract, a distance of 455.50 feet to a '/z inch iron rod set for corner; THENCE following a curve to the right having a Radius of 269.0 feet, Central Angle 28 deg. 34 min. 36 sec., Chord Bearing & Distance North 27 deg. 09 min. 04 sec. West - 132.78 feet for an arc distance of 134.17 feet to a '% inch iron rod set at the P.C. of said curve; THENCE North 09 deg. 42 min. 16 sec. West, along the East line of said 40.29 acre tract, a distance of 372.46 feet to the PLACE OF BEGINNING and containing 66.69 acres of land. Owner: Elizabeth Alexander Nisbet 233 Cape Cod Corpus Christi, Texas 78412 Agent: R. West Development 2405 Woody Pearland, Texas 77581 Chairman, Mary Starr read the property description. Director of Planning & Community Development Dennis Smith referred the Commissioners to the'PUD document prepared for the proposed zone change. Commissioner Emil Beltz inquired as to the Multi -Family Dwelling which was mentioned to the South. Mr. Smith stated that no formal plans have been received. Chairperson Mary Starr, asked about drainage plans. Commissioner Emil Beltz asked if the lake was sufficient for run off. City Engineer John Hargrove noted that the all drainage must comply with FIMA requirements. Commissioner Pat Lopez noted that traffic problems currently exist and is due to the explosion of growth in Pearland. He noted that drainage will be regulated in compliance with the FIMA requirements. The City Engineer must abide by the FIMA requirements in order to participate. Mr. Lopes noted that concerns regarding increased crime by the youth should be addressed back to the parents. He agreed that the roads in Shadycrest are poor but does not feel that the road conditions effect the Zone Change Request. The value of the property should not be effected as this is not a low income project. Mr. Lopez stated that based upon the available documents he feels the zone change request is appropriate. 5 Commissioner Pat Lopez made a motion, seconded by Commissioner Emil Beltz, to approve Zone Change Application No. 571 for Single Family Dwelling District (R-4 PUD). Motion to approve passed 5 to 0. Chairperson Mary Starr took this opportunity to explain the function of the Planning and Zoning Commission for those property owners in attendance. B. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 358, 359,440, & 482 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Light Industrial District (M-1) on the following described properties, to wit: 1. Zoning Application No. 358 Legal Description: Lot 9, Blk. 9, Hickory Creek Place subdivision, part of sect. 7, HT & B RR Co. survey, A-219, according to the Plat recorded in Vol. 11, pg 1-2, plat records of Brazoria Co., TX (14211 Garden Road) Owner: Joseph B. and Sally Chavez 2405 Woody Pearland, Texas 77581 2. Zoning Application No. 359 Legal Description: Lot 8, Blk. 9, Hickory Creek Place subdivision, part of Sect. 7, HT & B RR Co. survey, A-219, according to the plat recorded in Vol. 11, pg 1-2, plat records of Brazoria Co., TX (14209 Garden Road) Owner: Joseph B. & Sally Chavez 2405 Woody Pearland, Texas 77581 3. Zoning Application No. 440 Legal Description: Lot 7, Blk. 9, Hickory Creek Place subdivision, part of sect. 7, HT & B RR Co. survey, A-219, recorded in Vol. 11, pg 6 Owner: 1-2, plat records of Brazoria Co., TX (14203 Garden Road) Hopie Carrillo P.O. Box 48 Arkport, TX 4. Zoning Application No. 482 Legal Description: The S 87.5 ft of Lot 8, & the N 12.5 ft. of lot 9, Blk. 6, Hickory Creek Place subdivision, sect. 7, HT & B RR Co. survey, A- 219, Vol. 11, pg. 1-2, plat records of Brazoria Co., TX (14011 Suburban Garden Road) Owner: Virgil Coy & Grace M. Elliott 13502 Roy Road Pearland, Texas 77581 Chairman, Mary Starr read the property description. Director of Planning & Community Development Dennis Smith noted that there is R-1 zoning around the area. He also stated that Application No. 482 is and existing business and would be grandfathered in. Commissioner Emil Beltz made a motion, seconded by Commissioner Nghiem Doan, to approve Zone Change Applications No. 358, 359, 440, and 482 for Light Industrial District (M-1). Commissioner Pat Lopez expressed concerns with the approval even with a Specific use. Mr. Lopez realizes that some are existing businesses but concerned for those businesses that are not M-1 use. Motion to approve Zone Change Applications No. 358, 359, 440, and 482 passed 3 to 2. C. CONSIDERATION AND POSSIBLE ACTION - Zoning Application NO. 362 & 451 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business District (GB) on the following described properties, to wit: 7 1. Zoning Application No. 362 Legal Description: Lots 11 & 12, Blk. 7, Hickory Creek Place subdivision, out of the HT & B RR Co. survey, A-219, according to the plat records, Vol. 11, pg 1, Brazoria Co., TX (Corner of O'Day Rd & Olin Dr.) Owner: Leon H. & Paula K. Payne 14103 Melanie Lane Pearland, Texas 77581 2. Zoning Application No. 451 Legal Description: Owner: Agent: Being Lot 45 of the HT & B RR Co. survey, sect. 20, A-506, according to the plat records of Brazoria Co., TX (8603 W. Broadway) James O.'Wiinston, IV P.O. Box 2351 Pearland, Texas 77588 Hardcastle Real Estate Charlie Eason P.O. Box 846 Pearland, Texas 77581 Chairperson Mary Starr read the property description. Director of Planning and Community Development Dennis Smith noted that Zone Change Request No. 362 is and existing Hydroponic Farm. There are' no existing buildings. He stated that a NS does not fit the specific use. Commissioner Jack Mathis made a motion, seconded by Commissioner Emil Beltz, to approve Zone Change Applications No. 362 and 451 for General Business (GB). The motion to approve passed 5 to 0. D. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 455 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single - Family Dwelling District (R-3) on the following described property, to wit: 8 Legal Description: Being approximately 40.00 ac out of the F. D. Drake Survey, A-508, known as lots 15 A & 15 B, according to plat records of Brazoria Co., TX Owner: Read Partners L.P. and Kitty L. Read 6135 Olympia Houston, Texas 77057 Agent: E. Mauris Hardcastle P.O. Box 846 Pearland, Texas 77588 Chairperson Mary Starr read the property description. Director of Planning and Community Development noted that the developer has attended pre -development meetings to discuss drainage and other issues. Commissioner Nghiem Doan made a motion, seconded by Commissioner Pat Lopez, to approve Zone Change Application No. 455. Motion to approve passed 5 to 0. E. CONSIDERATION AND POSSIBLE ACTION - Zoning Applications No. 348, 352, 353, 361, 392, 395, 436, 447, 448, 458, 462, 465, 469, 489, 493, 494, & 497 Note was made that Zone Change Applications No. 448 and 469 have been tabled due to errors on the zone change notices and agenda. Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single - Family Dwelling District (R-1) on the following described properties, to wit: 1. Zoning Application No. 348 Legal Description: Lots 4 & 5, Blk. 5, Hickory Creek Place subdivision, HT & B RR Co. survey, sect 7, A-219, recorded in Vol. 11, pg. 1, plat records of Brazoria Co., TX (5817 Kelly Drive) Owner: Michael A. & Barbara J. Pudlo 5817 Kelly Drive Pearland, Texas 77581 2. Zoning Application No. 352 9 Legal Description: Lot 17 & 18, Blk. 4, Hickory Creek Place subdivision, HT & B RR Co. survey, A-219, sect. 7, according to Vol. 11, pg. 1, Plat records of Brazoria Co., TX (13910 Melanie Lane) Owner: Frank J. & Doris E. Ditta 13910 Melanie Lane Pearland, Texas 77581 3. Zoning Application No. 353 Legal Description: Lots 19 through 21, Cas-Con Acres, according to the HT & B RR Co. survey, A-509, according to the plat recorded in Vol. 729, pg 13, and Vol. 5, pg. 137, plat records of Brazoria Co., TX (6141 Cottonwood) Owner: Belle B. Rachel P. O. Box 582 Pearland, Texas 77588-0582 4. Zoning Application No. 361 Legal Description: Lot 1, Blk. 7, Hickory Creek Place subdivision, part of sect. 7, HT & B RR Co. survey, A-219, according to the plat recorded in Vol. 11, pg. 1-2, plat records of Brazoria Co., TX (14103 Melanie Lane) Owner: Leon H. Payne 14103 Melanie Lane Pearland, Texas 77581 5. Zoning Application No. 392 Legal Description: Being the S 1/2 of Lot 47, HT & B RR Co. survey, A-3, sect. 85, plat records of Brazoria Co., TX (2007 C.R. 93) Owner: Aaron B. Brooks 2007 County RD 93 Pearland, Texas 77584 6. Zoning Application No. 395 Legal Description: Lot 9, Blk. 6, Wagon Wheel subdivision, HT & B RR Co. survey, recorded in Vol. 8, pg. 79, deed records of Brazoria Co., TX (6300 Becky Lane) 10 Owner: Daryl R. & Barbara H. Patney 6300 Becky Lane Pearland, Texas 77584 7. Zoning Application No. 436 Legal Description: Lot 5. Blk. 1, Cas-Con Acres subdivision, in the NW % of the SW' of the HT & B RR Co. survey, A-509, recorded in Vol. 5, pg 137, plat records of Brazoria Co., TX (6129 Willow Rd) Owner: Eusebio & Wanda Gay Cruz 6129 Willow Road Pearland, Texas 77581 8. Zoning Application No. 447 Legal Description: Being 0.8037 ac., out of Lot 9, the NE ' of the SW Y, HT & B RR Co. survey, sect. 14, A-509, Deed Records of Brazoria Co., TX (6419 Cottonwood) Owner: Gary A. & Tammy R. Brannon 6419 Cottonwood Pearland, Texas 77584 9. Zoning Application No. 458 Legal Description: Being 0.597 acres of land in Tract 9, the NE' of the SE'/ of the HT & B RR Co. survey, sect. 14, A-509, plat records of Brazoria Co., TX (6406 Cottonwood) Owner: Merritt Miller Family Living Trust Merritt & Mildred Ann Miller, Trustees 6406 Cottonwood Pearland, Texas 77584 10. Zoning Application No. 462 Legal Description: Lot 5,Blk. 4, Hickory Creek Place subdivision, HT & B RR Co. survey, recorded in Vol. 11, pg. 1, of the plat records of Brazoria Co., TX(13919 Michael Lane) Owner: John Hubbell & Judy A. Gabel 13919 Michael Lane Pearland, Texas 11 11. Zoning Application No. 465 Legal Description: Lot 3, Blk. 3, Hickory Creek Place addition, HT & B RR Co. survey, sect. 7, A-219, recorded in Vol. 11, pg. 1, plat records of Brazoria Co. TX (13911 Melanie Lane) Owner: Dorothy F. Franks 13911 Melanie Lane Pearland, Texas 77581 12. Zoning Application No. 489 Legal Description: Lot 4, Blk. 2, Cas-Con Acres, Sect. 1, recorded in Vol. 5, pg. 137, plat records of Brazoria Co., TX (6139 Willow Rd) Owners: Manuel & Mary Louise Arrendondo 6130 Willow Road Pearland, Texas 77584 13. Zoning Application No. 493 Legal Description: Being a 0.710 ac. tract out of Lot 8, the SE'/ of NW' , sect. 14, HT & B RR Co. survey, A-509, plat records of Brazoria Co., TX (16022 Aubrell) Owners: Bobby & Mary Hutto 16022 Aubrell Pearland, Texas 77584 14. Zoning Application No. 494 Legal Description: Lot 9, Blk. 5, Wagon Wheel addition, Sect. 14, FIT & B R Co. survey, A-509, recorded in Vol. 8, pg. 79, plat records of Brazoria Co., TX (6219 Beckey Lane) Owners: Gary W. & Cynthia K. Crabb 6219 Beckey Lane Pearland, Texas 77584 15. Zoning Application No. 497 Legal Description: Lot 3, Blk. 2, Cas-Con Acres subdivision, according to the plat recorded in Vol. 5, pg. 137, plat records of Brazoria Co., TX (6120 Willow Road) 12 Owners: Raul & Dolores Gutierrez 6120 Willow Road Pearland, Texas 77584 Commissioner Jack Mathis read the property descriptions. Commissioner Pat Lopez made a motion, seconded by Commissioner Nghiem Doan, to approve Zone Change Applications No. 348, 352, 353, 361, 392, 395, 436, 458, 462, 465, 489, 493, 494, and 497 for Single Family Dwelling District (R-1). Motion to approve passed 5 to 0. V. NEXT MEETING DATE: Monday, November 2, 1998, 6:00 p.m. (Regular) Monday, November 9, 1998 6:30 p.m. (JPH) VI. ADJOURNMENT Commissioner Emil Beltz made a motion, seconded by Nghiem Doan, to adjourn. Motion to adjourn passed 5 to 0. The meeting adjourned at 8:55 p.m. Minutes approved as submitted and/or corrected this %i day of604nk -A.D., 1998. MIStarr Chairperson ATTEST: Nelda Patterson, Secretary 13