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1999-03-15 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD OIv MONDAY, MARCH 15, 1999, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. 1. CALL 10 ORDER The meeting was called to order at 1:48 PM with the following present: VIce-Chairpersun Tuuuiiy L. Sl utt Commissioner J mil A. hertz Commissioner Chris Cuoksuii Commissioner Donald Glenn Commissioner Todd Iucw Commissioner Jack D. Mathis Director of Planning & CuIiniiunity Development Dennis Smith Planning & Zoning Secretary Jennifer Mattingly Chairman Mary Starr and City Engineer John Hargrove were absent. II. APPROVAL OF MINUTES Cummissionet Mathis made a motion to approve the March 1, 1999 minutes as piesented, and Commissioner Beltz seconded the mutiun. Motion passed 6 to 0. M. NEW BUS.uNLSS A. CONSIDERATION AND POSSIBLE ACTION - Zoning Application Ivo. 69U Request of uwners fur an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Commercial District (C) on the following described property, to wit: Legal Description: Being 4.542 acres, a part of Lut 1, Block 26, Allison -Richey GulI Coast Home Co. Subdivision, Section 4, r.C.K.K. Survey, A-675, recorded in Volume 2, pg 99, Brazoria Cu_ Plat records (15707 Suuth Freeway 288 Owner: James W. & Barbara A. Dixon 15707 South Freeway 288 Pearland, Texas 77584 Commissioner Mathis made a motion to terminate Gone Change Application No. 690 due to the owner nut providing a complete legal description on the application, and Commissioner tieltz seconded the motion. Motion passed 6 to 0. B. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 644 Request of owner for an amendment to the Land Use and Urban Development Urdinance of said City from Classification Suburban Development (SD) to Light Industrial District (M-2) on the following described property, to wit: Legal Description: Being 9.983 acres, called Tract 16, H.T. & B. R.R Cu. Survey, Section 7, A-219, plat records of Brazoria Co., TX (13801 Garden Ruad) Owner: Carl A_ Davis P.U. Box 262326 Houston, Texas 77207 Agent: Janes W. Cox 5177 Richmond Avenue, Suite 740 Houston, Texas 77056 Dime -tor of Planning & Community Development Dennis Smith reminded the Commissioners that this is the Davis Lynch Property. Coimnissionei Beltz made a motion to forward Lone Change Application No. 644 to Council for approval, and Coiiuiiissioiiei Mathis seconded the motion. Motion passed 6 to 0. C. CONSIDERATION AND YOSSHSLE ACTION - Zoning Application Nu. 689 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Mobile Home District (MH) un the following described property, to wit: Legal Description: Lut 15, Allison Richey Gulf Coast Hume Co_ Subdivision, Section 6, BA. & B. RR. Co. Survey, A-544, Volume 136, pg 500, deed records of Brazuria Co., TX (13260 Hatfield Ruad) Owner: B & J Grouping, Inc_ 15707 South Freeway 288 Pearland, Texas 77584 Agent: Britt Dixon 15707 Southwest Freeway 288 Pearland, TX 77584 2 Mr. Smith explained that he needs to investigate why the people were not properly notified of the zone change, stated that there may have been an cum in the tax lulls we received from the tax ottice which is a list of residents near the property in question. vice -Chairman Scott stated that there may be a misunderstanding among the people and explained that the City is only responsible for notifying the residents who own property within lou feet of the property in iequest. Mr. Scott stated that there are too many holes and questions that remain unresolved to act on the zone change i equest at this time. Commissioner Mathis agreed that the request should be tabled until they ale able to reseal eh why the zone iequest was denied from the pi evious u wnei . Commissioner Cookson stated that he had a few questions to ask. He fu st of all asked Mr. James Dixon if he would have a pi ublem with pt uviding strict restrictions for the retirement community, and Mr. Dixon stated that he would not. He then asked Mr. Hemphill if he would be happier if Mr. Dixon came up with a set les of restrictions, and Mr. Hemphill questioned who would enturce these restrictions. Mr. Hemphill asked Mr. Dixon what age group would live there, and Mr. Dixon answered 50 and over. Debbie Burleson questioned what would happen to the value of her property, and Vice - Chairman Scott ieiuiuded hei that the Planning and Zoning Coriunission dues nut address those cit cumstances and they are only responsible fur enfut ting the Land Use Ordinance. Commissioner Beltz made a motion to table Zone Application No. 689 until further investigation on why the property was previously denied for a zone change request and why the notices were nut ptuperly sent, and Commissioner Mathis seconded the motion. Motion passed 6 to 0. D. CONSIDERATION AND POSSIBLE ACTION - Zoning Application Nu. 586 Request of owners tor an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Siegle Family Dwelling District (R-3) on the following described property, to wit: Legal Description: Owner: Being a tract of land containing 53.5725 acres out of the N 1/2 of the NE 1/4, H.T. & B. R.R. Cu. Survey, Section 18, A 547, recorded in the plat records of Brazoria Co., TX Ken Caffey 7676 Wuodway, Suite 238 Houston, TX 77U63 3 Lone Change Application Nu. 586 was terminated due to the property uwiiei's request. E. CONSIDERATION AND POSSIBLE ACTION - Loning Application Nu. 620 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City frum Classification Suburban Development (SD) to Single Family Dwelling District (WO on the following described property, to wit: Legal Description: Lot 12 & E yi of Lot 11, Block 3, Cas-Cun Acres, being the NW 1 of the SW 1/4, H.T. & B. RR. Co. Survey, Section 14, A-509, Vulume 5, pg 127, plat records of Brazuria Co., TX (6225 Cottonwood) Owner. James Sandling 6225 Cottonwood Pearland, TX 77584 Commissiunir Beltz made a motion to foi was d Zone Change Application No. 620 to Council for approval, and Coiiuuissiunvi Mathis seconded the motion. Motion p:ds3ed 6 to b. F. CONSIDERATION AND POSSIBLE ACTION - Rubin Cove Subdivision Request of owners (Rubin Cove Subdivision) fur an amendment to the Land Use and Urban Development Ordinance of said City frum Classification Suburban Development (SD) to Mobile Hume District (R-1) un the following described property, to wit; 1. Zoning Application Nu. 628 Legal Description: Lot 1, Block 1, Rubin Cove Subdivision, Section H, H.T. & B. RR. Co. Survey, according to the plat recoil ds of Brazoria Co., 1X (13719 Rubin Spur) Owner: Jerald & Tori Landis 13719 Robin Spur Pearland, Texas 77581-8205 2. Zoning Application Nu. 629 Legal Description: Lot 8, Block 2, Rubin Cuve Subdivision, Section 1, H. T. & B. R.R Cu. Survey, according to the plat records of Brazuria Co., '1'X (5411 Robin Sound) Owner: Donald & Linda Shake 5411 Robin Sound Pearland, Texas 77581 4 3. Coning Application No. 630 Legal Description: Lot 6, Block 2, Rubin Cove Subdivision, Section 1, H. T_ & B. R.R. Cu. Survey, A-5114, recorded iu the plat records of lirazoria Co., TX (5403 Robin Sound) Owner: Stephen A. & Pauline Strickland 5403 Robin Sound Pearlaud, Texas 77581 4. Zoning Application Nu_ 631 Legal Description: Lot 4, Block 1, Robin Cove Subdivision, Section 11, it. 1. & B. R.R. Cu. Survey, A-504, according to the plat records of Brazuria Co., '12i Owner: Michael Schumann 13811 Maisemure Houston, Texas 77015 5. Zoning Application Nu. 636 Legal Description: Lot 5, Block 1, Rubin Cove Subdivision, Section 11, H. T. & B. R.R. Co. Survey, A-504, according to the plat records of Brazuria Co,_TX (5410 Rubin Meadow) Owner: Al & Sharon Barajas 541U Kobin Meadow Pearlaud, Texas 77581 6. Loving Application No. 638 Legal Description: Lot Z, Block 2, Robin Cove Subdivision, Section 1, H. T. & B. R.R. Cu. Survey, A-504, according to the plat records of BraLoria Co., TX (5502 Rubin Sound) Owner: Ray & Eleanor Whaley 5502 Rubin Sound Yearland, Texas 77581 7 Zoning Application No. 639 Legal Description: Lot 1, Block 1, Kobin Cove Subdivision, Section 1, H. T. & 15. R. R. Cu_ Survey, A-504, according to the plat records of Brazuria Cu., TX (5514 Kobin Sound) Owner: Ray & Eleanor Whaley 5502 Rubio Sound Pearland, 'Texas 77581 5 8. Zoning Application No. 673 Legal Description: Lot 5, Block 2, Rubin Cove Subdivision, Section 1, H. T. & B. R. R. Co. Survey, A-504, according to the plat records of Brazuria Owner; Wayne & Debra Dees 5402 Robin Sound Pearland, 'texas 77581 Commissioner Mathis made a motion to approve Zone Application Nu's 628, 629, 630, 631, 636, 638, 639, and 673 as one agenda item, aand Commissioner Cookson seconded the motion. Commissioner Beltz made a motion to forward the series of Gone Changes to Council fur approval, gird Commissioner Mathis seconded the motion. Mutiun passed 6 to 0. G. CONSIDERATION AND POSSIBLE ACTION — Preliminary Plat of Discount Tire — Pearland, being 1.536 acres out of Thomas J. Green Survey, A-198, Pearland, Brazuria County, Texas. Director of Planning & Community Development Dennis Smith stated that he would read City Engineer John Halgrove's notes while he is absent. Mr. Smith stated that he had two comments that needed to be taken care of before final approval. He listed the comments as: 1. The engineer needs to add the new P & Z Commissioner's names to the mylars. 2. The engineer needs to submit construction drawings of the uftsite sewer fur approval. Commissioner Mathis made a motion to approve the preliminary plat of Discount Tire with the comrnents outlined to add the new commissioner's names and submit plans for the offsite sewer, and Commissioner Beltz seconded the motion. Motion passed 6 to 0. It CONSIDERATION AND POSSIBLE ACTION — Preliminary Plat of Silverlake Commercial Park Phase IV, a subdivision of 1.8797 acres of land out of the R.B_ Lyle Survey, Abstract Nu. 539, Braiuria County, Texas. Mr. Smith explained to the new conunissioners that the Silver lakes Community is not in the City Limits and the only uldivauce we enforce in the L1'J is the Subdivision Ordinance. He then explained that they are replatturg a iesei ve and everal comments. He listed the comments as: 6 1. Thu engineer needs to add the new P & Z Commissioner's names to the plat. 2. The engineer needs to change the back lot utility easement to either a 16' where the 8' is designated ur have it just 10'. 3. The engineer needs to show a n' curb radius at the northeast coritei ot-the plat. Cathy Mitchell from Julies aiid Carter, Inc. stated that these corrections could be made with no problem. 1 Curinnissioncr Mathis made a motion to approve the preliminary plat of Cuiiuirercial Park Phase IV at Silverlake with the collnnents outlined by the City Engineer to add the new Commissioners names, change the back lot line easement, and show a 25' curb radius, and Commissioner locco seconded the motion. Mutiun passed 6 to 0. CONSIDERATION AND POSSIBLE ACTION — Final Flat of Pine Hollow Subdivision Section z -A, being a subdivision of 32.3916 acres, a replat of lots z7, 44, and partial replat of huts 42, 45, and 46 of the George W. Jenkins Subdivision as reLorded in Volume 2, rage zO of the B.C.D.R., located in the Ferry and Austin League, A-111, Brazuria County, Texas. Variance Request: 1_ Use of a 20 -foot building setback around Cul-de-sac and Eyebrow_ Mr. Smith stated that he had seveial comments from the City Engineer for Pine Hollow Section 2-A. Mr. Smith listed the comments as: 1. The engineer needs to add the new P & Z Commissioner's names to the plat. 2. If the construction drawings have not heady been approved and signed then that needs to be done before approval. 3. Thu Jowl—ding intui iiiation for the 8' Utility Easement needs to be provided. 4. Renee West needs to sign the plat. Linda Houston from West Development, inc. stated that the consti uction di awings have been approved. Commissioner Mathis made a motion to approve the final plat of Pine Hollow Section 2- A and the vaiiaiice iequested with the comments outlined by the City Engineer to add the new P & Z Commissioners names to the mylars, provide the reeoidiug intuimation required, and have Renee West sign the mylai, and Commissioner Iocco seconded the motion. Motion passed 6 to 0. J. CONSIDERATION AND POSSIBLE ACTION — Final Plat of K & G Retail Center, 0.9022 acres out of Lot 23, Allison -Richey Gulf Coast Hunte Company's Suburban Gardens Subdivision in the H.1.&13. K.K. Cu. Survey, Section 8, Abstract No. 504, rearland, J$razoria County, Texas. Mr. Smith stated that Mr. Hargrove's only comment was to have the ownei's sign the mylars, and add the new P & Z Connnissiuner's iiaines to the niylars. Commissiner tteltz made a motion to approve the final plat of K & (U Retail Center with the comments by the City Engineei to add new P& Z Commissioners names and for the owner to sign the plat, and Commissioner Cookson seconded the motion. Motion passed 6 to 0. K. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Willow Lake Estates Section One, 22.2236 acres out of lot 14, George W. Jenkins Subdivision (Vol. 79, Pg. 616, B.C.D.R), Lots 1 and 2 Narregang's Subdivision (Vol. 01, Pg. 92, B.C.D.R.) and Lot 25 O.W. Willits Subdivision (Vol. 03, Pg. 6s, 13_C.D.R.) and being in the W.D.C. Hall League, Abstract Nu. 70, Pearland, Brazuria County, Texas. Mr. Smith stated that he had several comments. He listed them as: 1. Between lot 21 and 22 there should be a 5 -foot HL&P easement. 2. Thei e was no vat iance request letter submitted. 3. The new P & Z Commissioner's names need to be added to the mylars. Mr. Smith stated that Mr. Hai grove would not recommend approval with out a variance request letter submitted. Commissioner lieltz made a motion to table the final plat of Willow Lake Estates because there was no variance request lettei submitted, and Commissioner Mathis seconded the motion. Motion passed 6 to 0. L. CONSIDERATION AND POSSIBLE ACTION — Final Plat of Twin Wood Section 2, a tract or parcel of land containing 14.5455 acres being a combination of a so called 9.8145 acre tract and a so called 4.731 acre tract conveyed by the City of Pearland in instrument datcd June 28, 1995 and recorded in tile no. 95020332 of the real property records of Brazuria County, Texas out of lots 22 & 23 of Walcott's Subdivision and out of lot 91 of the Zychinski's Subdivision in the H.'1'. & 1s.R.x. Co. Survey, Abstract 233 in lirazoria County, Texas.. Mr. Smith stated that he had several comments. He listed the comments as: 8 1. The engineer needs to prepare Meets & Bounds field notes for the portion of Hickol y Knoll Drive that is on the C.O.P. 80' drainage 1 esei ve. 2. The southwest corner of plat must be reset as shown. 3. The date in the title block needs to be updated. 4. The new Y & G Commissioner's names need to be added to the mylars. 5. The owner needs to sign the mylars. Commissioner Mathis made a motion to table the final plat of Twin Woods Section 2, aTld Commissioner Glenn seconded the motion. Motion passed 6 to 0. IV. NEXT MEETING DA rE: V. ADJOURNMENT 1 he meeting adjourned at 8:47 PM. 9 Monday, Ate, 1999 (JPH) hau luau ly�r7) ,SC377