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2003-07-21 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, HELD ON JULY 21, 2003, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING, IN THE FIRST FLOOR COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The Regular Meeting was called to order with the following present: Chairman Todd Iocco P&Z Commissioner Ray Bacon P&Z Commissioner Sheryl Greiner P&Z Commissioner Don Sederdahl P&Z Commissioner Robert Scherrer Deputy City Attorney Nghiem Doan Plat and Plans Administrator Richard Keller Executive Director of Community Services Tobin Maples Planner I Theresa Grahmann Temp. P&Z Secretary Jennifer Gonzales P&Z Commissioner Ruby Sandars was absent. II APPROVAL OF MINUTES June 16, 2003 July 7, 2003 Commissioner Sederdahl made a motion to approve the above listed minutes as presented with a second by Commissioner Bacon. Motion to approve passed 5 to 0. III. PUBLIC HEARING FOR CLOVERGATE COMPLEX REPLAT 1) CALL TO ORDER Chairman Iocco called to order agenda item III for a public hearing on a replat at 7:10 p.m. 2) PURPOSE OF HEARING Page 1 of 10—P&Z Minutes PLANNING AND ZONING COMMISSION Clovergate Complex, a partial replat of the Original Townsite of Pearland of Lots 20-27 in block 15 of The Original Townsite of Pearland in the H.T.&B. R.R. Co. Survey, abstract No. 232. Plat and Plans Administrator Richard Keller stated the plat is a replat of property for the First Baptist Church. He stated staff has brought the item forward for a public hearing because it is a state requirement. 3) PERSONS WISHING TO SPEAK FOR THE REQUEST Kevin Cole, 2319 Frances, Pearland, TX 77584 stated that he is in favor of the replat. He explained they have went through the required hearings for a"PUD" and this is the final step of the platting process. 4) PERSONS WISHING TO SPEAK AGAINST THE REQUEST NONE 5) STAFF/COMMISSION DISCUSSION Chairman Iocco asked if staff has any problems with the plat. Plat and Plans Administrator Richard Keller replied staff does not. 6) ADJOURNMENT The public hearing adjourned at 7:15 p.m. IV. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION - Clovergate Complex, a partial replat of the Original Townsite of Pearland of Lots 20-27 in block 15 of The Original Townsite of Pearland in the H.T.&B. R.R. Co. Survey, abstract No. 232. Plat and Plans Administrator Richard Keller stated staff recommends approval of the replat as presented. Commissioner Bacon made a motion for approval with a second by Commissiongr Sederdahl. Motion to approve passed 5 to 0. Page 2 of 10 —P&Z Minutes PLANNING AND ZONING COMMISSION B. CONSIDERATION & POSSIBLE ACTION— ZONING APPLICATION NO. 1115 Request 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 property, to wit: Zone Change Application No. 1115 Legal Description: 2.467 acres, out of the H.T. & B.R.R. Company Survey, Abstract 243, Tract 48A and 48A2, Brazoria County, Texas (8027 Broadway Street, at Zapalac Road) Owner: William and Katherine Favor 3933 Meadowlark Way Pearland, Texas 77584 Agent: No agent Commissioner Sederdahl made a motion to forward Zoning Application No. 1115 to City Council for approval. Commissioner Bacon seconded the motion. ®. Commissioner Greiner stated that the Comprehensive Plan calls for "General Business District" and they are requesting "Commercial". She stated that is quite a jump from "General Business" to "Commercial". She added that the property backs up to Residential and she would like to see some kind of buffer between the two properties. Chairman Iocco shared the concern for the request of"Commercial" zoning on this property. Commissioner Bacon argued the whole section backs up to FM 518 and he can't see any problems with this property being "Commercial". He commented everything along FM 518 is some form of Commercial. Commissioner Greiner stated the current plan calls for"General Business District". Therefore, she cannot support "Commercial". Chairman Iocco concurred with Commissioner Greiner. Chairman Iocco called for the vote. Motion to approve passed 3 to 2. Page 3 of 10—P&Z Minutes PLANNING AND ZONING COMMISSION Voting Record: oft- "Aye" - Commissioner's Bacon, Scherrer, and Sederdahl. "No" - Chairman Iocco and Commissioner Greiner. Commissioner Scherrer made a motion to combine applications no. 1117 and 1118 together. Commissioner Sederdahl seconded the motion. Motion failed 2 to 3. C. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1117 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. 1117 Legal Description: 0.619 acres of land, being Tract No. 3 in the Sandoval 41111.. Subdivision located in the west one-half of the northwest one quarter of the northeast one quarter of Section 15, H.T. & B.R.R. Company Survey, Abstract 241, Brazoria County, Texas (Morenci Street) Owner: Jose E. Quintonilla 8110 Gulick Lane Houston, Texas 77075 Agent: No agent Commissioner Bacon made a motion to forward Zoning Application No. 1117 to City Council for denial. Chairman Iocco seconded the motion. Commissioner Bacon stated the he has a major concern. He added that you now have an "SD" property and if it is changed to "Residential" then the concurrent "Commercial" property would be penalized in the future should it ever bring in a new business. Mr. Bacon explained that the Commercial property would then be required to abide by the masonry fence requirements because it is along a residential property. An- Page 4 of 10—P&Z Minutes PLANNING AND ZONING COMMISSION Commissioner Scherrer argued that he does not think the "Residential" property owner should be penalized and not receive his zoning because there may be a business in the future. Discussion ensued regarding a Commercial property being near Residential property. Commissioner Scherrer pointed out there would be a buffer of Suburban Development. Commissioner Bacon asked if the "SD" was undeveloped land. Chairman Iocco replied it is undeveloped. Chairman Iocco called for question. Motion to deny failed 1 to 4. Voting Record: "Aye" - Commissioner Bacon "NO" - Chairman Iocco and Commissioner's Greiner, Sederdahl, and Scherrer. Commissioner Scherrer made a motion to forward Zoning Application No. 1117 to City Council for approval with a second by Commissioner Sederdahl. Motion to approve passed 3 to 2. Voting Record: "Aye" - Commissioner's Greiner, Scherrer and Sederdahl. "No" - Chairman Iocco and Commissioner Bacon. D. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1118 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. 1118 Legal Description: 0.620 acres of land, being Tract No. 7 in the Sandoval Subdivision located in the west one-half of the northwest one quarter of the northeast one quarter pf Section 15, H.T. & B.RR Company Survey, AbstraFt 241, Brazoria County, Texas (Morenci Street) Page 5 of 10—P&Z Minutes PLANNING AND ZONING COMMISSION Owner: Jose E. Quintonilla 8110 Gulick Lane Houston, Texas 77075 Agent: No agent Commissioner Greiner made a motion to forward Zoning Application No. 1118 to City Council for approval with a second by Commissioner Bacon. Motion to approve passed 5 to 0. E. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1116 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. 1116 Legal Description: 9.7980 acres of land, being the east 'A of Lots 11 and 12 of the Allison Richey Gulf Coast Home Company Subdivision, being part of the Suburban Gardens, situated in the H.T. & B.R.R Company Survey, Abstract 304, Brazoria County, Texas (County Road 403 (Hughes Ranch Road), east of CR 94) Owner: Lisa and David Tran 10522 Sagepark Houston, Texas 77089 Agent: Paksima Group 203 Aurora Street Houston, Texas 77008 Commissioner Scherrer made a motion to forward Zoning Application No. 1116 to City Council for approval with a second by Commissioner Bacon. Commissioner Greiner asked for a point of information. She clarified the developer is asking for"RE" but they are going to subdivide at a later date. Executive Director of Community Services Tobin Maples stated she is correct apd if the developer does choose to subdivide they will have to do '/2 acre lots. Ile Page 6 of 10—P&Z Minutes PLANNING AND ZONING COMMISSION added that he is not certain of what the developer is going to do. Mr. Maples stated that staff had a Pre-Development Meeting with the developer and they presented a conceptual plan with subdividing the land into 3 lots. Motion to approve passed 5 to 0. F. CONSIDERATION & POSSIBLE ACTION — A Final Plat of Autumn Lake Section Three, a Subdivision of 18.8283 acres located in the H.T.&B. R.R. Co. Survey, Abstract 304, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that Theresa Grahmann, Planner, has attached a memo to the plat with an explanation of why this plat is being presented. Mr. Keller added that the plat was approved several weeks ago with a condition that the plat would not be recorded until they take out the liftstation (a note was added to the plat). He stated that the developer cannot take out the liftstation until the sewer line is finished on FM 518, therefore would like to add a different note to the plat stating that the subdivision would not be accepted by City Council until the liftstation is removed. Mr. Keller added that doing the plat this way would allow for them to record the plat now and get started on the subdivision construction. Chairman Iocco asked for clarification. Mr. Keller stated the developer is asking to get this plat recorded with a note added to the plat stating that the subdivision will not be accepted by City Council until the temporary liftstation is removed. Commissioner Greiner asked if they would be able to build. Mr. Keller replied they would be able to put the infrastructure in but not build any homes until the subdivision is accepted by City Council. Commissioner Bacon made a motion to approve the Final Plat of Autumn Lake Section Three with staff's comments. Commissioner Scherrer seconded the motion. Motion to approve passed 5 to 0. G. CONSIDERATION & POSSIBLE ACTION — Amending plat of Towne Lake Estates Section Two, being 30.3614 acres of land composed of two tracts in the L.W. Murdock Subdivision recorded in Volume 29, page 174 of the Brazoria County Deed Records, and out of the A.C.H.&B. Survey, A-594, Brazoria County, Texas, M.U.D. 18. Page 7 of 10 —P&Z Minutes PLANNING AND ZONING COMMISSION Plat and Plans Administrator Richard Keller stated that this amending plat is to remove Note 24 from the plat. Commissioner Scherrer made a motion to approve the Amending Plat of Towne Lake Estates Section Two with a second by Commissioner Sederdahl. Motion to approve passed 5 to 0. H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Bellavita at Green Tee Section Four, being a subdivision of 32.6281 acres of land out of the W.D.C. Hall Survey, A-23, City of Pearland, Harris County, Texas. Variance Request: Request by Eddie A. Taher of Century Engineering, Inc. for a variance from the Subdivision Ordinance to allow for the construction of the proposed underground utilities in Bellavita at Green Tee Section 4 to commence and proceed simultaneously with the construction of the 15-acre detention pond that will serve Bellavita at Green Tee 4. Plat and Plans Administrator Richard Keller stated that staff recommends approval of the plat as presented. He added that the variance request is for construction on both the detention and underground utilities at the same time. Mr. Keller commented that staff is recommending approval of the variance request also. Commissioner Scherrer asked which is upstream. Mr. Keller replied that the detention is upstream. Commissioner Bacon made a motion to approve the plat and variance request for Bellavita at Green Tee Section Four. Commissioner Sederdahl seconded the motion. Discussion ensued between the Commission and Mr. Keller regarding drainage. Commissioner Greiner asked when the detention will be done. She stated she is concerned that the developer will start paving before the detention is finished. Commissioner Greiner stated that what if the developer starts paving before they are ready to hold the water, especially now during hurricane season. Terry Brooks of West Development stated that the request is specifically for underground utilities only, which does not include paving. She added that they a{e about 50% complete on the detention pond. Motion to approve passed 4 to 1. 4111. Page 8 of 10 —P&Z Minutes PLANNING AND ZONING COMMISSION Voting Record: "Aye" - Chairman Iocco and Commissioner's Bacon, Scherrer, and Sederdahl. "No" - Commissioner Greiner. Commissioner Greiner stated for the record that her concern is the developer is trying to pull the cart before the horse. I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF-18A, 12.237 acres, being out of the H.T.&B.R.R. Co. Survey, Section 82, Abstract 565, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that this plat was previously denied because not all of the lienholders were listed on the plat. He stated the developer has submitted an updated title report, therefore he recommends approval of the plat as presented. Commissioner Scherrer made a motion to approve the Final Plat of Shadow Creek Ranch SF-18A with a second by Commissioner Bacon. Motion to approve passed 5 to 0. J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF-18B, 20.120 acres being out of the H.T.&B. R.R. Co. Survey, Section 82, Abstract 565, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated this plat had the same issue as the previously mentioned plat, therefore staff recommends approval as presented. Commissioner Scherrer made a motion to approve the Final Plat of Shadow Creek Ranch SF-18B with a second by Commissioner Greiner. Motion to approve passed 5 to 0. K. CONSIDERATION & POSSIBLE ACTION — Final Plat of Alvin I.S.D. Elementary School No. 11, 12.000 acres being out of the T.C.R.R. Cp. Survey, Section 4 Abstract 675 and the T.C.R.R. Co. Survey, Section 3, Abstract 678, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval ..• as presented. Page 9 of 10—P&Z Minutes PLANNING AND ZONING COMMISSION Commissioner Bacon made a motion to approve the Final Plat of Alvin ISD on- Elementary School No. 11 with a second by Commissioner Greiner. Motion to approve passed 5 to 0 Commissioner Greiner clarified that this is the plat that came in with the variance to begin construction before final plat approval. Mr. Keller stated she is correct. Commissioner Greiner commended the developer on the good faith effort. L. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Reyna Estate, A 1.7174 acre tract, out of that certain 102 acre tract in Section 5 of the H.T.&B. Railroad Company Survey, Abstract 237, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that this is a plat for a single family dwelling unit and staff recommends approval as presented. Commissioner Scherrer made a motion to approve the Preliminary Plat of Reyna Estates with a second by Commissioner Bacon. Motion to approve passed 5 to 0. V. NEXT MEETING DATES: August 4, 2003 (P&Z Meeting) August 18, 2003 (JPH & P&Z) VI. ADJOURNMENT The Regular meeting adjourned at 7:45 p.m. IT e minutes - .-ctfully submitted by: e fer G•4,ales, Planning&Zoning Secretary Minutes approved as submitted and/or corrected on this day of , 2003 dialiir / ,- Todd Iocco, Planning& Zoning Chairman Aim- Page 10 of 10—P&Z Minutes