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Home My WebLink About1997-06-09 P&Z MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, JUNE 9,1997, 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 7:27 p.m. with the following present: Vice Chairman Pat Lopez Commissioner Don Baker Commissioner Einil Heitz Commissioner Jack D. Mathis Commissioner Randy Patro Commissioner Tommy L. Scott Commissioner Mary Starr City Projects Coordinator Alan Mueller City Planning & Development Director Dennis Smith Secretary Judy Highburger City Engineer John Hargrove and Assistant City Manager Richard Burdine were absent. II. APPROVAL OF MINUTES: Minutes of June 2, 1997 A motion was made by Commissioner Mary Starr, and seconded by Commissioner Emil Beltz to approve the Minutes of June 2, 1997. Motion passed to Approve 7 to 0. III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 212 Request of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General 1 Business (GB) on the following described property, to -wit: Lot 46C1, a .5 Acre tract in the F.B. Drake Survey, A-504, ( Tax Account #: 05040070120), Brazoria County, Texas. (6709 Broadway) Commissioner Randy Patro made a motion, seconded by Commissioner Tommy L. Scott, to approve Application No. 212. Motion passed to Approve 7 to 0. B. CONSIDERATION AND POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 54 Request of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, for a Specific Use Permit on the following described property, to -wit: Lot 46C1, a .5 Acre tract in the F.B. Drake Survey, A-504, ( Tax Account #: 05040070120), Brazoria County, Texas. (6709 Broadway) Commissioner Beltz made a motion, seconded by Commissioner Jack D. Mathis to approve Specific Use Permit No. 54. Motion passed to Approve 7 to 0. C. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 214 Request of Pearland Associates, L.P., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Light Industrial (M1) to Heavy Industrial District (M2) on the following described property, to -wit: Lot 34 of the subdivision of Section 3, HTBRR Co. Survey, A-232, recorded in Volume 29, Page 43, of the Deed Records of Brazoria County, Texas. (1871 Mykawa Road) A motion was made by Commissioner Starr, and seconded by Commissioner Mathis to approve Application No. 214. Motion passed to Approve 7 to 0. D. CONSIDERATION ANI) POSSIBLE ACTION - SPECIFIC USE PERMIT NO. 55 Request of Pearland Associates L.P., owner, for a Specific Use Permit on the following described property, to -wit: Lot 34 of the subdivision of Section 3, HTBRR Co. Survey, A-232, recorded in Volume 29, Page 43, of the Deed Records of Brazoria County, Texas. (1871 Mykawa Road) 2 A motion was made by Commissioner Starr, and seconded by Commissioner Beltz to approve Specific Use Permit No. 55 with the following stipulation: "For the blending and storage of petroleum products". Motion passed to Approve 7 to 0. E. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 174 Request of Billy R. & Carolyn Gibson, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Multi -Family Dwelling District (MF) on the following described property, to -wit: Lot 22, Block 3, Skyway Manor, HTBRR Survey, A-241, recorded in Volume 7, Page 67 of the Plat Records of Brazoria County, Texas. (3017 Manvel) Discussion began with Commissioner Scott's concern that the property is not large enough to handle a Multi -Family Zone, due to the amount of septic lines that will be needed for more than one residence. Vice Chairman Pat Lopez said that was not the concern of the Commission, and the focus should be on the proper use of the land. Commissioner Beltz said a duplex is allowed , in that category. Commissioner Patro said that with the school going in nearby, the owners could ' tie onto those sewer lines. Commissioner Starr said this seemed to be spot zoning. Conunissioner Patro made a motion, seconded by Commissioner Scott to deny Application No. 174. Motion to Deny failed 3 to 4 (Commissioners Don Baker, Starr, Mathis, and Beltz voted nay). Further discussion ensued. Vice Chairman Lopez said if the property was newly platted, it must meet the requirements of the Land Use Ordinance, but it is newly annexed. Commissioner Scott said the existing use should be R-1. City Projects Coordinator Alan Mueller said according to the Land Use Ordinance, Section 24.2, No. 1, Lot Area Deficiency allows for previously platted property. Commissioner Starr asked if there was vacant land around the property, to which Mr. Mueller replied the property north of it is a shed with miscellaneous equipment stored on it. Commissioner Beltz made a motion, seconded by Commissioner Mathis, to approve Application No. 174. Motion passed to Approve 4 to 3 (Commissioners Patro,, Scott, and Vice Chairman Lopez voted nay. F. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 213 Request of Josephine M. Leggio, owner, for an amendment to the Land Use and Urban Development Ordinance •of said City from Classification Suburban 3 Development District (SD) to General Business (GB) on the following described property, to -wit: Lots A and B, Section 3, Garden Acres, 2.617 acres out of Tract 36, HTBRR Survey, Section 7, A-219, recorded in Volume 10, page 77 of the plat records of Brazoria County, Texas. (5800 Broadway) A motion was made by Commissioner Patro, and seconded by Commissioner Beltz to approve Application No. 213. Motion passed to Approve 7 to 0. G. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 132 Request of Rudolph J. Stepan, owner„ for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit: Tract 35, Westchester Estates, HTBRR Survey, A-242, Brazoria County, Texas. (2816 Manvel Road) Commissioner Baker asked if there was other Commercial zoning in the vicinity, to which Mr. Mueller said there was an air conditioning service nearby. Commissioner Patro said there; is a tavern close by that is zoned General Business. Commissioner Patro made a motion to deny Application No. 132, that was seconded by Commissioner Starr. Motion passed to Deny 7 to 0. H. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 133 Request of William J. Bethel, Jr., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to -wit: Lot 4, Block 3, Skyway Manor, HTBRR Survey, A-241, Brazoria County, Texas. (2743 Manvel Road) Concerns of the Commissioners were if Commercial zoning was the best use of the land, since the business was an air conditioning service. Mr. Mueller stated the Land Use Ordinance has a category for plumbing services that is Commercial zoning. Commissioner Patro said that was vague. A motion was made by Commissioner Beltz, and seconded by Commissioner Mathis to approve' Application No. 133. 4 Motion passed to Approve 6 to 1 (Commissioner. Patro voted nay). I. CONSIDERATION AND POSSIBLE ACTION - APPLICATION NO. 136 Request of Jose David Rosa, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial (C) on the following described property, to-wit:1 Lot 19, Block 3, Skyway Manor, HTBRR Survey, A-241, Brazoria County, Texas. (2961 Manvel Road) Discussion began with Commissioner Starr stating that since the property owner is in the process of getting the building ready to open as an automobile body shop, the requested Commercial zone is proper. Commissioner Patro asked if the property would be automobile sales and repair, and Commissioner Beltz said no. Commissioner Patro said according to the Land Use Ordinance, an automobile body shop would fit into the General Business category. Commissioner Patro made a motion to deny Application No. 136. Motion failed for lack second. of a Commissioner Mathis made a motion, seconded by Commissioner Beltz to approve Application No. 136. Motion passed to Approve 6 to 1 (Commissioner Patro voted nay). J. CONSIDERATION AND POSSIBLE ACTION - Election of Chairman and Vice Chairman. Commissioner Beltz made a motion, seconded by Commissioner Mathis to elect Vice Chairman Lopez as Chairman for his unexpired term. Motion passed 6 to 0 (Vice Chairman Lopez abstained). Commissioner` Mathis made a motion to elect Commissioner Beltz by acclamation as Vice Chairman for his unexpired term. Commissioner Scott seconded the motion. Motion passed 6 to 0 (Commissioner Beltz abstained). IV. NEXT MEETING DATE: June 16, 1997, 6:00 p.m. V. ADJOURNED: 8:10 p.m. 5 Minutes approved as submitted this day of Pat Lopez, Chairman tiuk ger, Secary 6