2003-06-16 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 JUNE 16, 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 at 7:25 p.m. with the following present:
Chairman Todd Iocco
Commissioner Ray Bacon
Commissioner Sheryl Greiner
Commissioner Ruby Sandars
Commissioner Robert Scherrer
Commissioner Don Seder dahl
Plat and Plans Administrator Richard Keller
Planner I Theresa Graham
Executive Director of Community Services Tobin Maples
Secretary Trish Broussard
Vice-Chairman Russ Selemon was absent.
II APPROVAL OF MINUTES April 28, 2003
May 5, 2003
Commissioner Sederdahl made a motion to approve the April 28, 2003 and the May 5,
2003 minutes as presented. Commissioner Greiner seconded the motion.
Motion to approve passed 6 to 0.
M. NEW BUSINESS
A. CONSIDERATION AND POSSIBLE ACTION - 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. 1110
Legal Description: 2.389 acres of land, out of Lot 59, of the Allison Richey Gulf
Coast Home Company Subdivision of the H.T. & BrR.R.
Page 1 of 9—P&Z Minutes
Planning and Zoning Commission
Company Survey No. 20 (F.B. Drake), Abstract 506, Brazoria
County, Texas (Cullen Boulevard north of FM 518)
Owner: Charles and Shirley Savell
8535 Broadway Street
Pearland, Texas 77584
Agent: Jung H. Kwak
2621 Sunfish Drive
Pearland, Texas 77584
Commissioner Sederdahl made a motion to forward Zone Change Application No. 1110
to City Council for approval. Commissioner Greiner seconded the motion.
Motion to approve passed 6 to 0.
B. CONSIDERATION & POSSIBLE ACTION- Request for an amendment to the
Land Use and Urban Development Ordinance of said City from classification
Suburban Development District (SD) to Office and Professional District (OP), on the
following described property, to wit:
__ Zone Change Application No. 1112
Legal Description: Lot C, Section 3, Garden Acres Subdivision,Abstract 219, H.T.
& B.R.R. Company Survey, Brazoria County, Texas (FM 518
at Thelma Drive)
Owner: Westside Church of Christ—Pearland, Inc.
6203 Broadway
Pearland, Texas 77581
Agent: Jack McGuff, Jr.,AIA
5208 Broadway #208
Pearland, Texas 77581
Commissioner Greiner made a motion to forward Zone Change Application No. 1112 to
City Council for approval. Commissioner Sandars seconded the motion.
Chairman Iocco asked if "churches" fall under the category of Social/Recreation.
Executive Director of Community Services Tobin Maples replied that it falls undcr the
category of Institution of Religion or Philanthropic Nature (on page 130).
Motion to approve passed 6 to 0.
a
Page 2 of 9—P&Z Minutes
Planning and Zoning Commission
C. CONSIDERATION & POSSIBLE ACTION — 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. 1111
Legal Description: 0.59 acres of land, being out of and part of the Commercial
Reserve of Block 12, Lot 2, West Lea Subdivision, Section 3,
Abstract 546, as recorded in Volume 12, Page 23, of the Plat
Records of Brazoria County, Texas (FM 1128 at Heron Lane)
Owner: Eric E. and Viseeta Brown
10619 Hunkler Drive
Houston, Texas 77047
Agent: None
Commissioner Greiner made a motion to forward Zone Change Application No. 1111 to
City Council for approval with a second by Commissioner Sandars.
Motion to approve passed 6 to 0.
D. CONSIDERATION & POSSIBLE ACTION — 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. 1114
Legal Description: 0.923 acres of land, out of the North '/z of the North '/z of Lot
50, of the Allison Richey Gulf Coast Home Company's
Subdivision, Section 19, being out of the H.T. & B.R.R.
Company Survey, Abstract 243, as recorded in Volume 2, Page
23, of the Plat Records of Brazoria County, Texas (1702 Stone
Road)
Owner: John W. Williams
1702 Stone Road
Pearland, Texas 77581
Agent: None
Commissioner Sederdahl made a motion to forward Zone Change Application No. 1114
to City Council for approval. Commissioner Greiner seconded the motion.
Page 3 of 9—P&Z Minutes
Planning and Zoning Commission
Motion to approve passed 6 to 0.
E. CONSIDERATION & POSSIBLE ACTION- Request for an amendment to the
Land Use and Urban Development Ordinance of said City for a Specific Use Permit
for a church in a Suburban Development District (SD), on the following described
property, to wit:
Specific Use Application No. 127
Legal Description: Lot 27 of the Allison Richey Gulf Coast Home Company's
Suburban Gardens Subdivision of Section 8, H.T. & B.R.R.
Company Survey, Abstract 504, Brazoria County, Texas
(Garden Road)
Owner: Cynthia H. Cramer
2465 N. Wakefield Court
Arlington, VA 22207
Agent: Sohail Noor
2619 Sunbird Court
Pearland, Texas 77584
Commissioner Bacon stated that he would have to abstain from any votes due to a
conflict of interest regarding the location of his property.
Commissioner Sederdahl made a motion to forward Specific Use Application No. 127 to
City Council for approval. Commissioner Scherrer seconded the motion.
Commissioner Sederdahl expressed concern regarding the existing traffic problem and
asked if there are legal ramifications the Commission should be aware of.
Executive Director of Community Services Tobin Maples explained that the Commission
is zoning the land, however the developer will have to submit a Traffic Impact Analysis
at the time of their building permit application.
Motion to approve passed 5 to 0
Abstention by Commissioner Ray Bacon
F. CONSIDERATION & POSSIBLE ACTION- Variance request on behalf of
Kevin Price, agent for VMC Partners, LTD for the purpose to start construction of
the amenities (to include the club house, pool, guard houses, fountain, sprinkler
system, and soccer and basketball fields, and play ground equipment) in The
Villages of Mary's Creek, prior to acceptance of the subdivision
Page 4 of 9—P&Z Minutes
Planning and Zoning Commission
�• Plat and Plans Administrator Richard Keller stated that staff does not have a problem
with this request as long as there is a curb and gutter.
Executive Director of Community Services Tobin Maples pointed out that the Certificate
of Occupancy would not be issued until the actual subdivision is approved by City
Council.
Commissioner Sandars made a motion to approve the Variance Request by VMC
Partners with a second by Commissioner Bacon.
Executive Director of Community Services Tobin Maples stated the developer could put
in their amenity package to be reviewed while they are putting in their water and sewer
for the subdivision.
Chairman Iocco commented that subdivisions in other cities do not get finalized until the
subdivision is built out.
Motion to approve passed 6 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Variance request on behalf of
Alvin Independent School District for the purpose to start construction on the new
Elementary school in Shadow Creek Ranch.
Plat and Plans Administrator Richard Keller stated that staff does support the request.
Commissioner Sandars made a motion to approve the variance request with a second by
Commissioner Greiner.
Commissioner Scherrer asked how this is different from standard procedures. Executive
Director of Community Services Tobin Maples replied there are asking to obtain their
building permit before the plat is finalized.
Motion to approve passed 6 to 0.
H. CONSIDERATION & POSSIBLE ACTION —Final plat of Autumn Lakes
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 staff recommends approval with
the following comments:
1. Todd Iocco should be listed as Chairman, and Russ Selemon as Vice-
Chairman.
2. Construction Plans need to be approved.
Am-
Page 5 of 9—P&Z Minutes
Planning and Zoning Commission
a- Mr. Keller stated that there would be no recordation of this plat until the lift station is out
of service.
Commissioner Sandars made a motion to approve the Final Plat of Autumn Lake Section
Three with staffs comments. Commissioner Sederdahl seconded the motion.
Motion to approve passed 6 to 0.
I. CONSIDERATION & POSSIBLE ACTION — Final Plat Sunrise Lakes Section
Six, a subdivision of 10.74 acres of land being a partial replat of Allision Richey Gulf
Coast Home Company Subdivision section twenty (Being part of Lots 11, 12, & 13),
Recorded in volume 2, page 23-24, Brazoria County Plat Records out of the H.T. &
B.R.R Company survey, abstract A-506 City of Pearland, Brazoria County, Texas
Plat and Plans Administrator Richard Keller stated that staff recommends approval with
one comment. He stated that Reserve A should be dedicated after the plat is recorded.
Commissioner Sandars made a motion to approve the Final Plat of Sunrise Lakes Section
Six. Commissioner Scherrer seconded the motion.
Motion to approve passed 6 to 0.
J. CONSIDERATION & POSSIBLE ACTION — Amending plat of Villa Verde
Section 2, a final plat being 24.1521 acres of land out of the W.D.0 Hall Survey,
Abstract No. 23, City of Pearland, Harris County, Texas, Brazoria County M.U.D.
No. 18
Plat and Plans Administrator Richard Keller stated that staff recommends approval with
the following three comments:
1. Add word "amending" to P&Z statement.
2. Extend 16' utility easement across Reserve C.
3. Modify purpose of amending plat by adding the following words "amending Plat" to
the note: "...for conveyance to adjacent Lot 3, Block 4 of Villa Verde Section One."
Executive Director of Community Services Tobin Maples asked if any conversations had
been held with the developer about shipping the lot lines over where the City of Pearland
city limits line adjoins the Harris County Line. He stated that you have common
boundary lines for two jurisdictions going through the middle of some of the lots.
Mr. Keller stated he believes they are going to move for the whole subdivision to be in
the city limits of Pearland.
Mr. Maples suggested recommending approval with the condition that a note be added
that all of those lots sharing common boundary lines are required to obtain building
permits from the City of Pearland.
Page 6 of 9—P&Z Minutes
Planning and Zoning Commission
Mr. Keller pointed out the various notes on the plat. He added that a final plat has
already been approved.
Commissioner Sandars asked if this has ever been brought up before. Mr. Keller stated
that it has not been brought up before.
Mr. Maples stated that he does think the plat should still be approved, however he is
trying to protect the City of Pearland and those future residents who are going to have a
house built.
Commissioner Sandars asked about the other lots (i.e. 10 & 11). Mr. Maples stated they
would go through Harris County.
Commissioner Greiner stated they would have different setbacks.
Mr. Maples suggested identifying the lots on the note that is added.
Mr. Keller read the comments into the record for a second time and added the following
note:
1. Add a note that the lots that impose both the City of Pearland and City of Houston's
jurisdictions will have to obtain building permits from the City of Pearland (specifically
the lots: Lot 9 & 12 of Block 4, Lot 9 & 12 of Block 5, and Lot 9 of Block 5).
Motion to approve passed 6 to 0.
K. CONSIDERATION & POSSIBLE ACTION — Amending plat of Twin Wood
Section 2, a tract or parcel of land containing 14.5455 acres being a combination of a
so called 9.8145 acre tract and a so called 4.731 acre tract conveyed by the City of
Pearland in instrument date June 28, 1995 and recorded in File No. 95020332 of the
real property records of Brazoria County, Texas out of Lots 22 & 23 of Walcott's
subdivision and out of lot 91 of the Zychinski's subdivision in the H.T. & B.R.R. Co
Survey,Abstract 233 in the City of Pearland, Brazoria County, Texas
This item was removed from the agenda at the request of the engineer. Therefore, the
Commission took no action.
L. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Alvin I.S.D.
Elementary School No. 11, 12.00 acres being out of the T.C. R. R. Co. 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 of the
plat as presented.
Page 7 of 9—P&Z Minutes
Planning and Zoning Commission
Commissioner Sederdahl made a motion to approve the Preliminary Plat of Alvin ISD
Elementary School No. 11 with a second by Commissioner Greiner.
Motion to approve passed 6 to 0.
M. CONSIDERATION & POSSIBLE ACTION — Final Plat of Sunrise Lake
Village a 8.42 acre tract situated in the John W. Maxey Survey, Abstract 721, and
being part of and out of a 208.10 acre tract described by deed records in Volume
1107, Page 859 of the Deed Records of Brazoria County, City of Pearland, Texas
This item was removed at the request of the engineer. Therefore, the Commission took
no action on this item.
N. CONSIDERATION & POSSIBLE ACTION— Final Plat of Racetrac F.M. 518 a
subdivision of 1.1875 acres being a partial replat out of lot 10 of the Allision Richey
Gulf Coast Home, Company Subdivision, Vol. 2, pg. 107 & 108, D.C.P.R. in the
H.T. & B.R.R. Survey section 85 abstract No. 304, Brazoria County, Texas
Plat and Plans Administrator Richard Keller stated that staff recommends approval with
the following three comments:
1. The As Built and Grading/Drainage Plans are required for the plat file.
2. Signatures are required on the mylars.
3. The Brazoria Drainage District #4 needs to sign off on the mylars.
Commissioner Sederdahl made a motion to approve the Final Plat of Race-Trac 518 with
staff's comments. Commissioner Greiner seconded the motion.
Motion to approve passed 6 to 0.
O. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Shadow
Creek Ranch Business Center Drive and Discovery Bay Drive Extensions a
8.517 acres being out of the William Mooris Survey, abstract 344 City of
Pearland, Brazoria County, Texas
Plat and Plans Administrator Richard Keller stated that staff recommends approval of the
plat with the following three comments:
1. The Chord Bearing of Cl does not match. (Meets and Bounds vs. Table)
2. Need to check if the utilities along Medical Center Dr exist.
3. The Meets and Bounds describe C8 & C2 as tangent curves.
Page 8 of 9—P&Z Minutes
Planning and Zoning Commission
Commissioner Sandars made a motion to approve the Preliminary Plat of Shadow Creek
Ranch Business Center Drive and Discovery Bay Dr Extensions with staff's comments.
Commissioner Scherrer seconded the motion.
Motion to approve passed 6 to 0.
IV. NEXT MEETING DATES: July 7, 2003 (Regular Meeting)
July 21, 2003 (JPH & Regular Meeting)
V. ADJOURNMENT
The regular meeting adjourned at 7:55 p.m.
These mi utes respect I ubmitted by:
./fatiii L AIA
Je 1r;, e:nzales,j empor.4 Planning&Zoning Secretary
iP", Minut- . .ppro -d at s bmitted and/or corrected on this�( day of Aj_, _, , 003.
'� .I /
_tel . �
Todd Iocco, Planning&Zoning Chairman
Page 9 of 9—P&Z Minutes