2003-01-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Planning and Zoning Commission
MINUTES OF A REGULAR MEETING FOR THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JANUARY
20, 2003 IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
I. CALL TO ORDER
The meeting was called to order at 8:24 p.m. with the following present:
Chairman Todd Iocco
Vice-Chariman Russ Selemon
Commissioner Ruby Sandars
Commissioner Sheryl Greiner
Commissioner Ray Bacon
Commissioner Don Sederdahl
Deputy City Manager Alan Mueller
Executive Director of Community
Services Tobin Maples
Planner I Theresa Grahmann
Deputy City Attorney Ngheim Doan
Plats & Plans Administrator Richard Keller
Secretary Trish Broussard
II. APPROVAL OF MINUTES: November 18, 2002
December 2, 2002
January 6, 2003
Ray Bacon made a motion to approve minutes with corrections with a second by Don
Sederdahi.
Motion to approve passed 6-0
M. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO.
1079
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification Suburban Development District (SD) to Light Industrial District
Planning and Zoning Commission
(M-1), on the following described property, to wit:
Zone Change Application No. 1079
Legal Description: 5 acres, more or less, being Abstract 504, H.T.& B.R.R. Company
Survey, Tract 21, N/2 PT (2533 Roy Road and 2537 Roy Road)
Owner: Hollis Bardwell
12746 Roy Road
Pearland, Texas 77581
Commissioner Ray Bacon made a motion to deny with a second by Russ Selemon.
Commissioner Russ Selemon stated he felt it should be commercial not M-1. Ray Bacon
stated he would not like to see M-1 on Roy Road, he would like it to stay on Garden
Road.
Hollis Bardwell, owner, stated the last time he applied for zoning he was turned down,
and each time it costs $ 250.00. He stated he did not know what to apply for.
,/1` Executive Director of Community Services Tobin Maples stated the last time they applied
for commercial zoning, Planning and Zoning recommended approval, however City
Council denied it.
Russ Selemon asked if it had an existing single family home on the property. Mr.
Bardwell replied yes, there is one acre and a home, and then four acres for commercial.
Motion to deny passed 6-0
B. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE APPLICATION
NO. 123
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification Commercial District (C) to Commercial District — Specific Use
(C(S)), for warehouse and distribution facilities, on the following described property, to
wit:
Specific Use Application No. 123
Legal Description: 10.00 acres, Lot 49 of the Allison Richey Gulf Coast Home
Company Subdivision of Section 6, H.T.& B.R.R. Company
Planning and Zoning Commission
Survey, Abstract 544, according to the map or plat recorded in
Awk
Volume 136, Page 501, of the deed records of Brazoria County,
Texas (3508 Hatfield Road)
Owner: Harvey Huber and Janet Huber
2402 Byron
Pearland, Texas 77581
Agent: Jack McGuff, Jr., AIA
5208 Broadway Street #208
Pearland, Texas 77581
Commissioner Ray Bacon made a motion to approve with a second made by Ruby
Sandars.
Motion to approve passed 6-0
C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO.
1080
Aim Request 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 property, to wit:
Zone Change Application No. 1080
Legal Description: 15.18 acres, more or less, situated in the John W. Maxey Survey,
Abstract 721, being part of and out of a 208.10 acre tract described
by deed recorded in Volume 1107, Page 859 of the Deed Records
of Brazoria County, Texas (Northwest Corner of FM 518 and
Sunrise Boulevard)
Owner: George Gilman, Trustee
710 N. Post Oak Road, Suite 400
Houston, Texas 77024
Agent: Riverway Commercial Development, LLC
P.O. Box 3083
Pearland, Texas 77588
Commissioner Sheryl Greiner made a motion to approve with a second made by Ray
Ao- Bacon.
Planning and Zoning Commission
Motion to approve passed 6-0
D. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO.
1081
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification Neighborhood Service District (NS) to Single Family Dwelling
District (R-4), on the following described property, to wit:
Zone Change Application No. 1081
Legal Description: Lots 1 through 7, Block B, Old Pearland Town site, Abstract 232,
Brazoria County, Texas (2107 Washington Avenue)
Owner: Terry Gray
P.O. Box 597
Pearland, Texas 77588
Agent: Don Long
2310 Lynn
Pearland, Texas 77581
Russ Selemon made a motion to deny with a second made by Todd Iocco.
Commissioner Russ Selemon stated he felt the property was to close to the railroad tracks.
Commissioner Ray Bacon stated he could put anything in Neighborhood Services.
Terry Gray, owner stated not really because of the nature of were it is.
Ray Bacon stated he is concerned about safety, and a residential area abutting the
railroads.
Todd Iocco stated why do we need to change the northern most part. Mr. Gray replied
we will need the eight lots to build on and it will help offset some of the cost of
development. Don Long, agent added those lots would be sixty feet from the railroad.
Motion to deny passed 2-4
Planning and Zoning Commission
E. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO.
1082
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification Suburban Development District (SD) to Single Family Dwelling
District (R-1), on the following described property, to wit:
Zone Change Application No. 1082
Legal Description: 20 acres, Abstract 564, H.T.& B.R.R. Company Survey, Tract 52-
53 (County Road 59)
Owner: Mary Ann Tierney
8000 Springer Road
Bethesda, Maryland 20817
Agent: James Johnson
900 Apollo Lane, Suite C
Houston, Texas 77058
Don Sederdahl made a motion to approve with a second made by Ruby Sandars.
Motion to approve passed 6-0
F. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO.
1077 AND SPECIFIC USE APPLICATION NO. 121
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification Suburban Development District (SD) to Estate Lot Single Family
Dwelling District — Specific Use (R-E(S)), for a church, on the following described
property, to wit:
Zone Change Application No. 1077 and Specific Use Application No. 121
Legal Description: 20 acres, consisting of Lots 4 and 20 of the Allison-Richey Gulf
Coast Company Subdivision, Section 19, H.T.& B.R.R. Company
Survey, Abstract 243, according to the map or plat recorded in
Volume 2, Page 23, Plat Records of Brazoria County, Texas (1865
Cullen Boulevard)
Owner: Silverlake Church
Planning and Zoning Commission
5517 West Broadway Street
Pearland, Texas 77581
Agent: Thomas L. Murray
7900 West Fuqua
Missouri City, Texas 77489
Don Sederdahl made a motion to deny with a second made by Todd Iocco.
Ray Bacon stated it does not need to be zoned residential, he would rather see it as
commercial. Todd Iocco replied our comprehensive plan recommends residential.
Russ Selemon stated he could live with General Business if it is truly going to be a church.
Motion to deny passed 2-4
G. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO.
1078
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification Suburban Development District (SD) to Estate Lot Single Family
Dwelling District (R-E), on the following described property, to wit:
Zone Change Application No. 1078
Legal Description: Lot 3, Block 7, Hickory Creek Place Addition, as recorded in
Volume 11, Pages 1-2, Plat Records of Brazoria County, Texas
(2145 Melanie Lane)
Owner: Gerard Veilleux and Gail Walden
7441 Oscar
Deer Park, Texas 77536
Ruby Sandars made a motion approve with a second made by Ray Bacon.
Motion to approve passed 6-0
Planning and Zoning Commission
H. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Canterbury Park,
Being a subdivision containing 170.748 acres of land out of the B.F. Drake Survey, A-
507, and the B.F. Drake Survey, A-508, as recorded under Brazoria County Clerk's
file numbers 02-021097, 02-013966, 02-048831, 02-48837, 02-048838 and 02-
048832 of the official public records of Brazoria County City of Pearland, Brazoria
County, Texas.
Plat and Plans Administrator Richard Keller stated stars comments have been
reflected. Mr. Keller stated this is a very large subdivision, they will probably plat in
four different phases. He stated staff recommends approval as presented.
Ruby Sandars made a motion to approve with a second made by Ray Bacon.
Sheryl Greiner asked if the property was zoned as an R-2 PUD. Mr. Keller replied
half of it is R-2 PUD and half is R-2.
Motion to approve passed 6-0
I. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Bellavita at
Green Tee Section Four, a subdivision of 32.6286 acres of land out of the W.D.C.
Hall Survey, A-23 City of Pearland, Harris County, Texas.
Richard Keller stated staff recommends approval.
Ray Bacon asked if they plan to have sidewalks. Terry Brooks agent for R. West
Development replied sidewalks are not being required.
Ray Bacon made a motion to approve with a second made by Sheryl Greiner.
Motion to approve passed 6-0
J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Villa Verde Section
Three, a subdivision of 34.7337 acres of land out of W.D.C. Hall Survey, Abstract No.
23 Harris County, Texas.
Plats and Plans Administrator Richard Keller stated staff has a few concerns that have
been corrected. He stated we recommend approval.
Ruby Sandars made a motion to approve with a second made by Ray Bacon.
Planning and Zoning Commission
Russ Selemon stated he was concerned with the sidewalks and tree disposition. Terry
00.
Brooks replied we have an agreement with the City for twenty-two acres for Parkland
Dedication and sidewalks will be constructed in this subdivision.
Motion to approve passed 6-0
K. CONSIDERATION & POSSIBLE ACTION - Final Plat of Center at Dixie Farm
Road, a subdivision of 1.940 acres of land out of and a part of Lot 73, George W.
Jenkins Subdivision, as recorded in Volume 79, Page 616, B.C.D.R. and out of the
W.D.C. Hall League, Abstract Number 70 Pearland, Brazoria County, Texas.
Richard Keller stated staff recommends denial of this plat because they do not have an
approved Traffic Impact Analysis.
Ruby Sandars made a motion to deny with a second made by Sheryl Greiner.
Motion to deny passed 6-0
L. CONSIDERATION & POSSIBLE ACTION - Proposed Amendment to the Table
of Permitted Uses of the Land Use and Urban Development Ordinance -
,0- Manufactured Homes& Coin Operated Amusement Machines/Eight-liners.
Ray Bacon made a motion to approve with a second made by Russ Selemon.
Todd Iocco stated he has a concern with the SD category having specific use for
replacement. He stated this would give an incentive to first apply for zoning and
second to have a specific use permit granted. He stated this would help the city in
a whole. He stated he felt like the Suburban Development requirement should not
be in there. Ray Bacon stated he would rather leave the Suburban Development
the way staff has it drawn up, because we are putting more restrictions on
manufactured homes.
Alan Mueller stated at the present the city ordinance prohibits manufactured homes
being placed anywhere but mobile home parks. So the only changes that are being
suggested were the"no's" are being crossed out the"s" in its place.
Todd Iocco stated if that manufactured home burns they have to replace it with a
home. Tobin Maples, Executive Director of Community Services, replied it
depends on what they want to do, if it is zoned Suburban Development they can
do any use that allowed in Suburban Development. Mr. Maples stated if they want
to do something else they would have to get proper zoning.
Planning and Zoning Commission
Alan Mueller stated if the owners health, safety, or welfare is in danger, the
mobile home could be replaced. He stated if 51% of their home burns down, does
this affect their health, safety, or welfare. Mr. Mueller stated is the statement at
the bottom intended for a dilapidated structure or one if gets blown down or
burned down does that endanger the owners health, safety and welfare. Mr.
Maples replied that can be at the discretion of the Building Official.
Todd Iocco made a motion to amend the motion to remove SD - Specific Use on
Manufactured homes. There was no second, so the motion was removed.
Motion to approve passed 5-1
M. CONSIDERATION & POSSIBLE ACTION — Request by Lingo Properties, Inc.
for a variance from the Subdivision Ordinance that allows for other underground
improvements to proceed simultaneously with the completion of the detention facility.
Richard Keller stated he had discussed this with the City Engineer, John Hargrove, and
what the applicant is requesting is to construct the utilities first. Mr. Keller stated staff
has no problem with this, and we will recommend approval of the variance.
Eric Stephens, 7225 El Camino Real, Webster, Texas stated we would like to put the
underground utilities at the same time of the detention. Mr. Stephens stated the east
side of the property had regional detention. He stated we would not be putting in any
streets or doing any grading. He stated we would like permission to get started.
Don Sederdahl made a motion to approve with a second made by Ray Bacon.
Motion to approve passed 5-1
N. CONSIDERATION & POSSIBLE ACTION - Request by Terri Associates, Inc.
for a variance from the Subdivision Ordinance to allow storm water pump station to be
installed at the Northwest Corner of F.M. 518 and C.R. 94.
Ruby Sandars made a motion to table until after the meeting on January 27, 2003 with
a second made by Russ Selemon.
Motion to table passed 6-0
Planning and Zoning Commission
O. DISCUSSION ITEM—Proposed Towne Home Project in Silver Lake
Deputy City Manager Alan Mueller stated this is regarding two pending town home
projects located in our ETJ. Mr. Muller stated the subdivision code can apply any
condition for that development and we would like your feedback.
Russ Selemon stated he liked the lot size of 2500 sf, lot width of 25 feet and street row of
50 feet and that is consistent with most of the others cities. Alan Muller asked what about
and open space requirement. Russ Selemon replied the more the merrier.
Sheryl Greiner stated she would like to see some common area. Mrs. Greiner stated the
number should be 15% opposed to 10%.
Randy Riley, Carey Gilbert & Associates, stated open space is a critical issue. He stated
the community it is in is Silverlake.
Sheryl Greiner asked if you could piggyback on developers of other communities
surrounding this property. Mrs. Greiner stated if it is good enough for Single Family
Dwelling then it should be okay for town homes.
Russ Selemon stated he like their idea of coverage, the lot depth is 100 feet, you are going
to have a backyard, and people prefer to see concrete. He stated there would be open
space.
Ray Bacon stated the less the better.
Ruby Sandars stated if Silverlake already has all these amenities why have any more open
space, when people are moving there for less space.
Alan Mueller suggested if this were in the city we would follow the guidelines for an R-4
PUD.
Ray Bacon stated he would like to see a little more on density.
Todd stated 11 units per acre, that is only 27,500 sf, there is still 10,000 sf of raw land.
Ruby Sandars stated we should take the density out.
Alan Mueller stated Silverlake, as a whole is 2.3 units per acre.
Randy Riley replied 10 '/4 to 10 1/2 on a perfect piece of property.
Todd stated 2500 sf lot size, 25 ft lot width, density not specified, and open space.
Planning and Zoning Commission
IV. NEXT MEETING DATES: January 25, 2003, Joint Workshop
February 3, 2003
February 17, 2003
V. ADJOURNMENT
Meeting was adjourned at 10:11 p.m.
Thr e min tes spectfully submitted by;
/U,SY
Tris Broussar Planning&Zoning retary
Minutes ap oved as submitted and/or corrected on this 2 /day of / , 2003.
4ag."
t Todd Iocco, Planning &Zoning Chairman