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2014-12-15 PLANNING AND ZONING COMMISSION MEETING AGENDA AGENDA - REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, DECEMBER 15, 2014, AT 6:00 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER II. CONSENT AGENDA All items listed under the "Consent Agenda" are considered to be routine and require little or no deliberation by the P&Z Commission. These items will be enacted / approved by one motion unless a commissioner requests separate action on an item, in which event the item will be removed from the Consent Agenda and considered by separate action (ix. Matters removed from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation. A. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSED ABSENCES 1. Approve the Minutes of the November 17, 2014 P&Z Regular Meeting, held at 6:30 p.m. 2. Approve the Minutes of the December 1, 2014 P&Z Regular Meeting, held at 6:30 p.m. 3. Excuse the Absence of Elizabeth McLane from the December 1, 2014 P&Z Regular meeting. III. OLD BUSINESS A. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2014-09 A request of BGE Kerry R. Gilbert & Associates, applicant; on behalf of George Fishman, owner; for approval of a Conditional Use Permit to allow for a Nursing/Convalescent Home within the Business Park — 288 (BP-288) zoning district, on approximately 9.4 acres of land, to wit: Legal Description: Being a 9.4083 tract of land located in the H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract being all of a called 3.39 acre tract of land recorded in the name of George D. and Mary Fishman in Clerk's File Number 2005061002 of the Official Records of Brazoria County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of land (North 3.3 acres) recorded in the name of P&Z Regular Meeting Agenda December 15, 2014 Page 1 of 4 George D. and Mary Fishman in Clerk's File Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3 acre tract of land (South 3.3 acres) recorded in the name of George D. and Mary Fishman in Clerk's File Number 97-010496 of the O.R.B.C. General Location: West side of Business Center Drive, south of Pearland Town Center, Pearland, TX B. CONSIDERATION AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE 2014-05 A request by Luther Daly of Costello, Inc., applicant; on behalf of George and Mary Fishman, owner; for approval of a Planning and Zoning Variance to allow for a flag lot within the existing Business Park 288 (BP-288) zoning district on 9.4083 acres of land, to wit: Legal Description: A subdivision of 9.4083 acres of land located in the H.T.& B.R.R. Company Survey, Abstract 300, Brazoria County, Texas. General Location: Located on the west side of Business Center Drive, south of Pearland Town Center. IV. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2014-21Z A request of Alan Mueller, applicant; on behalf of Joe and Darlene Laney and John McMahan, owners; for approval of a zoning designation of Single Family - 1 (R-1) on approximately 32.3 acres of land, to wit: Legal Description: The East one half (1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE '/) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, Brazoria County, Texas and being the same land conveyed to B. Frank Wood by Jay C. Tulk by Deed dated April 11, 1955, Recorded in Volume 627, Page 278, Deed Records, Brazoria County, Texas and; The West one half (1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, called Tract No. 8, Brazoria County, Texas according to the recorded map or plat therof appearing of record in the office of the County Clerk of Galveston County, Texas and being the same land described from J.T. McMahan to R. D. McMahan, dated October 27, 1964, recorded in Volume 895, Page 22, Deed Records of Brazoria County, Texas and being that same 20 acres more P&Z Regular Meeting Agenda December 15, 2014 Page 2 of 4 or less, conveyed to John T. McMahan by R.D. McMahan and wife, Eunice McMahan, by Deed dated December 29, 1994, Filed of Record March 13, 2003, recorded under Brazoria County Clerks File No. 03 015336, and; A 2.72 acre tract, being the remainder of two (2) 1.5 acre tracts, recorded in Volume (87) 403, Page 70 [Tract 1] and Volume (87) 403, Page 73 [Tract 2], of the Official Records of Brazoria County, Texas, out of the North 1/2 of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of section 84, of the H.T.& B. Railroad Company Survey, Abstract 538, Brazoria County, Texas General Location: West of County Road 48 and 2000 feet south of Broadway St., Pearland, TX B. CONSIDERATION AND POSSIBLE ACTION - BEAZER CR 48 CLUSTER DEVELOPMENT PLAN A request by Alan Mueller, applicant; on behalf of Joe and Darlene Laney and John McMahan, owner; for approval of a Cluster Development Plan, on a 31.127 acre tract of land, for a single-family residential subdivision, to wit Legal Description: The East one half (1/2) of the Southeast Quarter (SE '/) of the Northeast Quarter (NE '/) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, Brazoria County, Texas and being the same land conveyed to B. Frank Wood by Jay C. Tulk by Deed dated April 11 , 1955, Recorded in Volume 627, Page 278, Deed Records, Brazoria County, Texas and; The West one half (1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, called Tract No. 8, Brazoria County, Texas according to the recorded map or plat therof appearing of record in the office of the County Clerk of Galveston County, Texas and being the same land described from J.T. McMahan to R. D. McMahan, dated October 27, 1964, recorded in Volume 895, Page 22, Deed Records of Brazoria County, Texas and being that same 20 acres more or less, conveyed to John T. McMahan by R.D. McMahan and wife, Eunice McMahan, by Deed dated December 29, 1994, Filed of Record March 13, 2003, recorded under Brazoria County Clerks File No. 03 015336, and; A 2.72 acre tract, being the remainder of two (2) 1 .5 acre tracts, recorded in Volume (87) 403, Page 70 [Tract 1] and Volume (87) 403, Page 73 [Tract 2], of the Official Records of Brazoria County, Texas, out of the North 1/2 of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of section 84, of the H.T.& B. Railroad Company Survey, Abstract 538, Brazoria County, Texas. P&Z Regular Meeting Agenda December 15, 2014 Page 3 of 4 General Location: West of County Road 48 and 2000 feet south of Broadway St., Pearland C. DISCUSSION ITEMS 1 . Commissioners Activity Report 2. Comprehensive Plan Update 3. Next P&Z Meeting, January 5, 2015 — Regular Meeting V. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. I, Jennifer Tatum, Office Assistant of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general •ublic at City Hall on the 10th day of December 2014, A.D., at 5:30 K. Jennifer atum, Office Assistant Agenda removed \�p day of December, 2014. P&Z Regular Meeting Agenda December 15, 2014 Page 4 of 4