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1999-04-12 P&Z Meeting MinutesMINUTES OF A REGULAR PLANNING AND ZONING COMMISSION MEETING OF THE CITY OF PEARLAND, TEXAS, HELD APRIL 12, 1999, IN THE SECOND FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING CALL TO ORDER The meeting was called to order at 8:30 PM with the following present: Chairperson Commissioner Commissioner Commissioner Commissioner Director of Planning & Community Development Secretary NEW BUSINESS Mary Starr Emil Beltz Donald Glenn Todd locco Jack Mathis Dennis Smith Mona Ann Phipps A. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 594 Request of owners 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 properties, to -wit: Legal Description: Being a 3.00 acre tract out of a 5.00 acre tract, the North 1/2 of the Northeast 1/4, Section 16, H. T. & B. R.R. Co. survey, A- 546, plat records of Brazoria Co., TX (15902 Harkey Road) Owner: M. Wayne Smith P.O. Box 267 Pearland, TX 77588 Director of Planning & Community Development Dennis Smith stated that the owner had requested that this item be tabled. Commissioner Jack Mathis made a motion, seconded by Commissioner Donald Glenn, to table Zone Change Application No. 594. Motion passed 5 to 0. B. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 695 Request of owners 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 properties, to -wit: Legal Description: Being an 11.7401 acre tract out of Lot 49 & Lot 50, Allison Richey Gulf Coast Home Co. Subdivision, Section 85, H. T. & B. R.R. Co. survey, A -304, plat records of Brazoria Co., TX (Corner of FM 518 & CR 93) Owner: Hannover Estates, Ltd. 7676 Woodway, Suite 238 Houston, TX 77063 Agent: Ken Caffey Commissioner Todd locco made a motion, seconded by Commissioner Jack Mathis, to recommend denial of Zone Change Application No. 695. Motion failed 3 to 2. A lengthy discussion ensued regarding whether Commercial zoning would coencide with the comprehensive plan for the area. Commissioners expressed concern about the wide range of uses allowed in Commercial. Ken Caffey of Hannover Estates, Ltd. explained that General Business is too restrictive. He added that Commercial would allow them more flexibility. However, after Director of Planning & Community Development Dennis Smith read off a number of uses allowed in General Business, Mr. Caffey agreed to change their request to General Business. Commissioner Todd locco made a motion, seconded by Commissioner Jack Mathis, to recommend approval of Zone Change Application No. 695 as General Business. Motion passed 5 to 0. C. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 753 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R -3) and General Business District (GB) to Commercial District (C) on the following described properties, to -wit: Legal Description: Being an 18.00 acre tract out of 136.955 acres, a.k.a. Dissen Tract, recorded in Volume 505, pg 86, Deed records of Brazoria Co., TX (Northeast corner of FM 518 & Pearland Parkway) Owner: M.L. Partnership 2905 Country Club Drive Pearland, TX 77581 Agent: Bob Lewis Commissioner Jack Mathis made a motion, seconded by Commissioner Donald Glenn, to recommend approval of Zone Change Application 753. Motion passed 4 to 1 abstention. D. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 559 & Specific Use Application No. 68 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business (GB) - (S) Specific Use on the following described properties, to -wit: Legal Description: Being 4.9678 acres, the South 1/2 of 9.9319 acres, Lot 29, Allison- Richey Gulf Coast Home Co. subdivision, Section 9, H. T. & B. R.R. Co. survey, A -234, plat records of Brazoria Co., TX (14535 Max Road) Owner: Loye W. & Mary S. Young P.O. Box 2176 Pearland, TX 77588 Director of Planning & Community Development Dennis Smith explained that the barn with a garage apartment is existing on the back of the property now. He stated that the business falls under General Business, however, they are requesting to build a single family dwelling, therefore, the Specific Use is needed for the home. Commissioner Donald Glenn made a motion, seconded by Commissioner Emil Beltz, to recommend approval Zone Change Application No. 559 & Specific Use Application No. 68. Motion passed 5 to 0. E. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 675 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business District (GB) on the following described properties, to -wit: Legal Description: Being approximately 48.17 acres, W. L. Dobson survey, A -187, the Southwest corner of the Wm L. Dobson tract, Volume 36, according to the plat records of Brazoria Co., TX (Cullen Blvd @ W. Stone Road) Owner: Estate of Princess Rose Marie Bagnoli Alice Almokary & Jack N. Nahas, Ind. Co Executors 7535 Brompton Court Houston, TX 77025 Agent: Benjamin H. Best, II P.O. Box 1168 Pearland, TX 77588 Director of Planning & Community Development Dennis Smith stated that the Planning & Zoning Board should consider highest and best use of land. A discussion ensued regarding fencing and environmental accessment requirements. Director of Planning & Community Development Dennis Smith stated that General Business is proposed on the Comprehensive Plan for this area. Commissioner Jack Mathis made a motion, seconded by Commissioner Emil Beltz, to recommend approval of Zone Change Application No. 675. Motion passed 5 to 0. F. CONSIDERATION AND POSSIBLE ACTION - Zoning Application No. 669 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Single Family Dwelling District (R -1) to Single Family Dwelling District (R -3) on the following described properties, to -wit: Legal Description: Being 28.096 acres of a 191.1139 acre tract, W.D.D. Hall League, A -70 & part of Lots 13, 14, 19 & 20 -23, of the S.W. Narregang subdivision, Volume 1, pg 92, according to map records of Brazoria Co., TX (Northwest of Dixie Farm Road - Oakbrook Estates, Section 5) Owner: Oakbrook Estates, Ltd. 7676 Woodway, Suite 238 Houston, TX 77063 Agent: Ken Caffey Commissioner Todd locco made a motion, seconded by Commissioner Emil Beltz, to recommend denial of Zone Change Application No. 669. A lengthy discussion ensued between Clinton Wong, some residents of Shadycrest and the P & Z Commissioners. Mr. Wong stated that he can currently tie into the streets of Shadycrest without rezoning the property, however, he would agree to not connect to these streets if he could rezone the property. Fire Marshal Larry Steed explained that the number of exits in a subdivision is a life safety issue. Director of Planning & Community Development Dennis Smith explained that the P & Z Commission could recommend to approve R -2 PUD with no Shadycrest tie ins, but not send to City Council until PUD documents are presented. Commissioner Todd locco withdrew his previous motion. Mr. locco made a new motion, seconded by Commissioner Jack Mathis, to recommend approval of R -2 PUD with no tie ins to Shadycrest. Motion passed 5 to 0. Commissioner Jack Mathis made a motion, seconded by Commissioner Todd locco, to consider Zone Change Applications No. 513, 632, 634, 635, 640, 647, 650, 664, 678, 681 and 686 as one item. G. -R. CONSIDERATION AND POSSIBLE ACTION - Zoning Applications No. 513, 632, 634, 635, 640, 647, 650, 664, 678, 681 and 686 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to Single Family Dwelling District (R -1) on the following described properties, to -wit: 1. Application No. 513 Legal Description: Being 0.76 acres in the South 1/2 of the Northeast '/4 of the Southeast 1/4, G.C. Smith survey, Section 16, A -546, plat records of Brazoria Co., TX (6037 Sharondale) Owner: Jose & Irma R. Adame 6024 Terrell Drive Pearland, TX 77584 2. Application No. 632 Legal Description: Lot 1, Block 2, Robin Cove subdivision, according to the plat records of Brazoria Co., TX (5506 Robin Sound) Owner: Gary G. Harrington 5506 Robin Sound Pearland, TX 77581 3. Application No. 634 Legal Description: Lot 8, Block 1, Section 2, Robin Cove subdivision, according to the plat records of Brazoria Co., TX (5403 Robin Meadow) Owner: Todd & Wendy Standorf 5403 Robin Meadow Pearland, TX 77581 4. Application No. 635 Legal Description: Lot 6, Block 1, Section 2, Robin Cove subdivision, according to the map or plat recorded in Brazoria Co., TX (5406 Robin Meadow) Owner: Mark & Anne Whaley 5406 Robin Meadow Pearland, TX 77581 5. Application No. 640 Legal Description: Lot 3, Block 1, Section 1, Robin Cove subdivision, according to the plat records of Brazoria Co., TX (5410 Robin Sound) Owner: Roy & Carolyn Allison 5410 Robin Sound Pearland, TX 77581 6. Application No. 647 Legal Description: Lot 10 & the East 1/2 of Lot 11, Block 3, Cas -Con Acres subdivision, the Northwest 1/4 of the Southwest 1/4, H. T. & B. R.R. Co. survey, Section 14, A -509, Volume 5, pg 137, plat records of Brazoria Co., TX (6154 Cottonwood) Owner: Charles & Dianna Gwosoz 6154 Cottonwood Pearland, TX 77581 7. Application No. 650 Legal Description: Being Lot 5, Block 10, Hickory Creek Place subdivision, H. T. & B. R.R. Co. survey, A -219, recorded in Volume 11, pg 1, plat records of Brazoria Co., TX (5942 Kelly Drive) Owner: Donald E. & Ronda Kay Lee 5942 Kelly Drive Pearland, TX 77581 8. Application No. 663 Legal Description: Being approximately the South 1/ of Lot 25, Allison - Richey Gulf Coast Home Co. subdivision, Section 9, H. T. & B. R.R. survey, A -234, recorded in Volume 2, pg 23, plat records of Brazoria Co., TX (2301 Max Road) Owner: Marvin A. & Lillian Gajevsky 2301 Max Road Pearland, TX 77581 9. Application No. 664 Legal Description: Being the South 1/2 of Lot 9 & Lot 10, Block 5, Hickory Creek Place subdivision, according to the plat records of Brazoria Co., TX (5839 Kelly Drive) Owner: Tommy L. Harrison 5839 Kelly Drive Pearland, TX 77581 10. Application No. 678 Legal Description: Lot 16, Cas -Con Acres, Section 2, H. T. & B. R.R. Co. survey, A -509, recorded in Volume 15, pg 209, plat records of Brazoria Co., TX (5830 Raza) Owner: Deanna Pregeant 5830 Raza Pearland, TX 77584 11. Application No. 681 Legal Description: Lot 14, Block 6, Hickory Creek Place subdivision, Section 7, H. T. & B. R.R. Co. survey, A -219, recorded in Volume 11, pgs 1 -2, plat records of Brazoria Co., TX (5830 Kelly) Owner: G. H. & Thomasina Watkins 2142 Kelly Drive Pearland, TX 77581 12. Application No. 686 Legal Description: Lots 23 & 24, Block 2, Wagon Wheel addition, A -509, Volume 8, pg 79, plat records of Brazoria Co., TX Owner: John Lee Collins 6013 Patridge Drive Pearland, TX 77584 -8333 Commissioner Jack Mathis made a motion, seconded by Commissioner Emil Beltz, to recommend approval of Zone Change Applications No. 513, 632, 634, 635, 640, 647, 650, 663, 664, 678, 681 and 686 from Suburban Development to R -1. Motion passed 5 to 0. III. ADJOURNMENT The meeting adjourned at 9:35 PM. Minutes respectfully submitted by: Mona Ann Pliipps, Planning & Zoning ecretary Minutes approved as submitted and /or corrected this day ofc /,. A.D., 1999. Mary Starr, tanning & Zoning Chairperson