2002-07-01 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPlanning and Zoning Commission
MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 01, 2002 IN
THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND,TEXAS.
I. CALL TO ORDER
The meeting was called to order at 6:35 p.m. with the following present:
Chairman
Todd Iocco
Commissioner
Kevin McDonald
Commissioner
Don Sederdahl
Commissioner
Russ Selemon
Development Coordinator
Mona Phipps
Planner I
Theresa Grahmann
Secretary
Jennifer Gonzales
II. APPROVAL OF MINUTES: June 17, 2002
Commissioner McDonald made a motion to approve the June 17, 2002 minutes with a
second made by Commissioner Sederdahl.
Motion to approve passed 4 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
Ranch SF -1, 11.977 acres being out of the T.C.R.R. Co. Survey, Section 3,
Abstract 678, City of Pearland, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated staff recommends approval with the
note to add an "a" in the word "Bay" on "Reflection Bay Drive".
Commissioner Selemon made a motion to approve the Final Plat of Shadow Creek Ranch
SF -1 with a second made by Commissioner McDonald.
Motion to approve passed 4 to 0.
B. CONSIDERATION & POSSIBLE ACTION — Final Plat of Oakbrook
Estates Section Five, A subdivision of 29.251 acres in the W.D.C. Hall
League, A-70, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated staff recommends approval with the
following comments:
Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements,
and other tasks as mandated by the City Charter.
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Planning and Zoning Commission
1. Reserve "G" needs to be dedicated to the City as a city park.
2. They need approved construction drawings.
3. They need to indicate which MUD number, if any.
4. The 5' electrical easement on Lot 7 of Block 1 does not scale correctly.
5. They need an approved tree disposition plan.
Commissioner Scherrer entered the meeting at 6:40 p.m.
Commissioner Sederdahl made a motion to approve the Final Plat of Oakbrook Estates
Section Five with staff s recommendations. Commissioner Selemon seconded the
motion.
Motion to approve passed 5 to 0.
C. CONSIDERATION & POSSIBLE ACTION — Request by VMC Partners,
Ltd. for a variance from the Subdivision Ordinance No. 741-3 requiring
perimeter drainage facilities prior to construction of any interior
construction for Villages at Mary's Creek Section 1, Phase 1.
Plat and Plans Administrator Richard Keller stated that staff recommends approval of the
variance request. Mr. Keller explained that Ordinance No. 741-3 was adopted May 23,
2002, which requires the detention and drainage facility to be put in before the interior
construction of the subdivision. He added that he visited with Deputy City Manager Alan
Mueller and he does not see any problems with the variance either.
Kevin Price of VMC Partners stated that he is a partner of the project and they
respectfully ask for this variance. He explained their preliminary plat was approved in
September and since then they have had to redesign the entire plat and gave up over 30
lots to meet the requirements of the Tree Ordinance. He stated secondly they stumbled
across a force main that was located in the middle of the project, which had to be
removed. He stated it would create considerable hardship to do the interior construction
and drainage separately. Mr. Price pointed out the Final Plat was approved only a week
after the revised ordinance became effective. He stated there would be no negative out of
this request for the City.
Commissioner Scherrer asked about putting a time frame on the construction so that
houses would not be built when there is no drainage. Secretary Jennifer Gonzales
clarified the drainage and interior construction would be complete and accepted by City
Council before building permits could be issued.
Commissioner Sederdahl made a motion to approve the variance request with a second
made by Commissioner Scherrer.
Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements,
and other tasks as mandated by the City Charter.
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Planning and Zoning Commission
Commissioner Selemon stated for the record that he is not supporting any financial
hardship and he only voted for approval because of the fact the plat got caught up during
the time the ordinance was changed.
The Commission agreed with Commissioner Selemon.
Motion to approve passed 5 to 0.
D. CONSIDERATION & POSSIBLE ACTION — Request by Gary Bucek, Vice
President of Teleflow, Inc. for a variance from the Subdivision Ordinance
that does not allow "pumped" detention systems for 8101 Fite Road.
Plat and Plans Administrator Richard Keller stated this is another project was underway
at the time the ordinance was being revised.
Chairman Iocco questioned why this section of the ordinance was even approved to begin
with. Mr. Keller replied that one of the City Council members requested the change,
however the City Engineer does not support the change.
Commissioner Selemon asked if there are going to be any back up generators. Mr. Bucek
replied if they have to they could add back up generators.
Commissioner Sederdahl made a motion to approve the variance request with a second
made by Commissioner Selemon.
Chairman Iocco asked if they are going to be duplex or single pumps. Mr. Bucek replied
they are going to be back up. Mr. Bucek explained that the business has been there 16
years and this detention pump is just for the expansion.
Commissioner Selemon stated that again he is only supporting this request because the
project got caught up in the timing of the of the ordinance revision. Chairman Iocco
concurred.
Motion to approve passed 5 to 0.
E. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No.
1035
Request for an amendment to the Land Use and Urban Development Ordinance of
said City from classification Heavy Industrial District (M-2) and Commercial
District (C) to Single Family Dwelling District — Planned Unit Development (R-2
PUD) on the following described property, to wit:
Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements,
and other tasks as mandated by the City Charter.
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Planning and Zoning Commission
Legal Description: 73.328 acres consisting of three tracts: Tract I: Being Lots 9A
and 12A, out of Section 12, H. T. & B. R.R. Co. survey, A-508,
Brazoria Co., TX; Tract II: Being 10.208 acres in the A.C.H. &
B. Survey, Section 2, A-507, Brazoria Co., TX, being all of Lots
A & F, L.W. Murdock Subdivision as recorded in Volume 29,
Page 174, deed records of Brazoria Co., TX, and being part of
the land conveyed by Thomas F. Alexander to John Alexander,
Trustee, by deed dated May 20, 1960, and recorded in Volume
767, Page 299, among the deed records of Brazoria Co., TX;
and Tract III: 23.12 acres, being Lot 9, Section 12, H. T. & B.
R.R. Co. survey, A-508, Brazoria Co., TX (Veterans Road)
Owner: Three G Investments
Jud Alexander
R. & L. Ferguson
Agent: James Cornelius of Sowell & Company
Executive Director of Community Services Tobin Maples explained this is an update of
the R-2 PUD on Veterans with a significant amount of improvements.
Jamie Cornelius of Sowell & Company stated that this is the official effort to win the
support of the Commission. He stated they added a larger park area and added a road as
a physical barrier between the park space and the residents.
Commissioner McDonald made a motion to forward Zoning Application No. 1035 to
City Council for approval with a second made by Commissioner Selemon.
Commissioner Sederdahl asked how the masonry wall would be installed and who would
maintain the wall after it is built. Mr. Sederdahl showed concerns about the wall leaning
in the future.
Mr. Cornelius replied that a set of engineer -designed plans would be turned in and
reviewed by staff. He pointed out that he has built several feet of wall in Pearland and it
has never fallen or leaned. He stated the wall would be maintained by the Homeowner's
Association.
Mr. Sederdahl verified that staff would have to approve the wall. Mr. Cornelius stated
staff would approve the engineering construction plans. Mr. Cornelius added that for him
to even build a subdivision entrance you have to have approved plans and a building
permit from the City.
Chairman Iocco stated that the Commission needs to be looking at this from the planning
prospect and they have to decide if this is good planning. He briefly went over the pros
Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements,
and other tasks as mandated by the City Charter.
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Planning and Zoning Commission
and cons from his standpoint. He stated that he feels the detention with the park and road
is adequate space to stop a train if it derailed. However from the planning aspect, he
stated his concern is still the same concern he had with the property to the south (which
Planning and Zoning did not approve) regarding going from residential zoning to the
tracks then industrial zoning up to Highway 35 and then back to residential zoning.
Chairman Iocco apologized for Mr. Cornelius having to be the "ping-pong ball" in this
match, however he personally does not think he can vote for the request.
Mr. Cornelius reminded the Commission that this is the concept behind the buffer zone,
which would not have any kind of improvement on the land.
Commissioner Selemon stated that his preference is to have more buffer, however he
realizes they have to meet in the middle. He pointed out there are still some safety
concerns, however he is leaning toward approving the request because the developer has
made such an effort to work with the Commission.
Commissioner McDonald stated that he is against residential next to the railroad track
due to what he has learned at the planning conferences, however he is concerned about
what would become of the property if it is not zoned for residential.
Motion to approve passed 4 to 1.
Voting Record:
"Aye" — Commissioner's McDonald, Scherrer, Sederdahl, and Selemon.
"No" — Chairman Iocco.
F. DISCUSSION ITEM — Request by Kerry R. Gilbert & Associates, Inc. for
review and discussion of a 548.9 acre revised Planned Unit Development on
Old Alvin Road (previously The Fairways at Highland Glen).
Executive Director of Community Services Tobin Maples stated this is the Beazer PUD
on Old Alvin where the water features are going to replace the previous golf course.
Discussion ensued between staff and the Commission regarding the steps of the PUD
application process. Mr. Maples explained that a discussion item is required with the
Planning and Zoning Commission on any PUD application before it is taken to the Joint
Public Hearing. Mr. Maples showed the area on the map and explained the original PUD
contained a golf course and now they are revising the PUD to contain lakes and other
water features where the golf course used to be located.
Chairman Iocco asked about the substantial sized fountain at the intersection of McHard
and Pearland Parkway. Mr. Maples replied that it is actually the city's fountain to help
calm traffic. Chairman Iocco disagreed and stated he thought it would be a traffic hazard
device.
Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements,
and other tasks as mandated by the City Charter.
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Planning and Zoning Commission
Chairman Iocco stated that he is concerned about the traffic flow.
Commissioner McDonald stated that he thinks the water fountain would actually work as
a traffic calming device and referred to the one in Washington DC.
Commissioner Sederdahl suggested not discussing this PUD at this time since the
developer is not present.
G. DISCUSSION ITEM — Request by Vernon G. Henry and Associates, Inc. for
review and discussion of a 40 -acre Planned Unit Development at Harkey and
Bailey Roads (Lawrence Place).
Executive Director of Community Services Tobin Maples stated this is the first step of
the PUD application process and has been brought to the Commission for discussion.
Pierre Nys stated he is the developer and is present with land planner David Lynch of
Vernon Henry and Associates and his engineer Mr. Thomas Langford of Lentz
Engineering.
Mr. Nys gave a brief summary of his PUD. He explained that the builder wanted larger
lots, there is a buffer around the whole subdivision, a lake feature is located in the middle
for detention, and park areas on both sides. He added this concept was suggested by the
City of Pearland.
Commissioner Selemon asked if the lake would have a permanent level of water. Mr.
Nys replied that it would.
Mr. Nys briefly explained to the Commission that he would be asking for two variances
during the development stages. He stated the first variance would be to allow for use of a
pump for the drainage and the second variance would be from the sidewalk requirement.
Mr. Nys commented that the main reason for the sidewalk variance is due to the
upcoming improvements of County Road 101 (Bailey) and Harkey.
Thomas Langord explained to the Commission the drainage will drain to the channel that
belongs to the Brazoria Drainage District #4, which is 12-18 inches deep. He stated the
district plans to upgrade between 2004-2006, and at this time the developer would do
away with the pump.
Mr. Nys pointed out the subdivision is in a Zone X.
Commissioner Sederdahl stated he feels awkward about discussing drainage and he
doesn't feel drainage is the Commission's responsibility.
Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements,
and other tasks as mandated by the City Charter.
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Planning and Zoning Commission
Commissioner Scherrer stated that he does not think this board would ever approve
anymore sidewalk variances. He pointed out there are no for exact plans for when the
roads are going to be improved.
Mr. Nys stated it was just a logical question because the sidewalks are going to be
eventually torn up anyway.
Commissioner Sederdahl explained that the money put into escrow is not earmarked for
any certain project. Commissioner Selemon agreed and added there is no guarantee that
once Bailey Road is built that any sidewalks would even be put along the road.
Plat and Plans Administrator Richard Keller stated the City should be responsible to
replace whatever is torn up.
Commissioner Selemon stated that he would feel better to have sidewalks for 3 or 4 years
along Bailey then to never have them at all.
Commissioner Selemon stated he likes the PUD because of the mixed uses and he likes
the peculiarity of the drainage. He stated he is not in favor of the wood fences, especially
in the back yards of the residents adjacent to the Neighborhood Services area of the PUD.
He would prefer masonry fencing.
Chairman Iocco agreed with the request for masonry fencing.
Executive Director of Community Services Tobin Maples summarized the comments by
stating:
1. The masonry fence would be looked for from a staff standpoint as well.
2. It needs to be documented whether the open space would be maintained by the
Homeowner's Association or if it is going to be private.
3. The sidewalks need to be in the PUD document.
4. The issue of the variance for the detention pump would be addressed at the time of
platting.
5. They need to document whether the streets are going to be private or public.
Mr. Maples commented that the PUD looks very nice.
Mr. Nys stated that he hopes to have lots available by next February.
Commissioner McDonald asked if there is any time frame for the Bailey Road project.
Mr. Maples replied that it is a part of the bond project therefore it would probably be
awhile from now.
Commissioner Schemer stated that the PUD looks nice.
Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements,
and other tasks as mandated by the City Charter.
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Planning and Zoning Commission
Chairman Iocco stated that he still doesn't understand the deal regarding the detention
pumps. Commissioner Selemon stated they would have to rely on staff.
IV. NEXT MEETING DATE: July 8, 2002 (JPH & Regular Meeting)
July 15, 2002 (Regular Meeting)
V. ADJOURNMENT
The meeting adjourned at 7:44 p.m.
These minutes respectfully submitted by:
Jennifer Gonzales, Planning & Zoning Secretary
Minutes approved as submitted and/or corrected on this day of , 2002.
Todd Iocco, Planning & Zoning Chairman
Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements,
and other tasks as mandated by the City Charter.
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