2004-11-01 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 NOVEMBER
1, 2004, AT 6:30 P.M., IN THE SECOND FLOOR CONFERENCE ROOM OF
CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
The meeting was called to order at 6:35 p.m. with the following present:
Chairman Ruby Sandars
Vice Chairman Todd locco
Commissioner Neil West
Commissioner Sheryl Greiner
Commissioner Peter Dumont
Commissioner David Ransom
Commissioner Joe McWhorter
Secretary Betty Foreman
Also in attendance: Executive Director of Community Services Nick Finan;
Planning Manager Lata Krishnarao; Senior Planner Theresa Grahmann; City
Engineer Doug Kneupper; and Plan and Plats Administrator Richard Keller.
NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Final Plat of Bellavita at Green
Tee Section Five being a Subdivision of 28.0604 acres of land out of the W.D.C.
Hall Survey, A-23 City of Pearland, Harris County, Texas.
Plan & Plats Administrator Richard Keller stated this was a zero lot line
subdivision. Two lots did not have 50 ft of frontage, and asked if the developer
could extend the building line. Mr. Keller had a concern if there were not enough
frontages, and trying to put the same size house on the lots, could be a problem.
Commissioner Neil West made a motion to approve with Staffs comments.
Commissioner David Ransom seconded.
A discussion ensued between Staff, and the agent for the developer regarding
the size of the lots, what a zero lot line, and the setback lines, and size of house
on the lots in question.
A discussion ensued between Commissioners, Staff, and the developer the zero
lot line and the 50 ft of frontage for the two lots in question.
Voting "Aye" Commissioners Sandars, locco, Ransom, Dumont, McWhorter, and
West.
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Voting "No" None.
Motion to approve with Staffs comments passed 6-0, with Commissioner
Sheryl Greiner out of chambers.
B. CONSIDERATION & POSSIBLE ACTION — Final Plat of Ellis Plaza being
out of Two tracts of land containing 3.8485 acres out of the W.D.C. Hall League,
Abstract 70, City of Pearland, Brazoria County, Texas.
Plan & Plats Administrator Richard Keller stated there were no outstanding items.
Commissioner David Ransom made a motion to approve. Commissioner Neil
West seconded.
Voting "Aye" Commissioners Sandars, locco, Ransom, Dumont, McWhorter, and
West.
Voting "No" None.
Motion to approve passed 6-0, with Commissioner Sheryl Greiner out of
chambers.
C. CONSIDERATION & POSSIBLE ACTION — Final Plat Avalon Terrace
Section 1 a Subdivision of 32.8631 acres of land out of the H.T. & B.R.R.
Company Survey, Abstract 505, Brazoria County, Texas.
Plan & Plats Administrator Richard Keller stated there were three minor items,
Brazoria Drainage District # 4 signatures, add base flood elevation with year of
adjustment, and the Metes and Bounds description contains question marks in
the text.
Commissioner David Ransom made a motion to approve with Staff's comments.
Commissioner Todd locco seconded.
Voting "Aye" Commissioners Sandars, locco, Ransom, Dumont, McWhorter, and
West.
Voting "No" None
Motion to approve with Staff's comments passed 6-0, with Commissioner
Sheryl Greiner out of chambers.
D. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Mykawa
Investments a Subdivision of 6.7966 acres located in the H.T. & B.R.R. Company
Survey, Abstract 232, in the City of Pearland, Brazoria County, Texas.
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Plan & Plats Administrator Richard Keller stated there was three minor items,
offsite detention pond, allow Lot 1 to use detention, and add street name.
Commissioner David Ransom made a motion to approve with Staffs comments.
Commissioner Todd locco seconded.
Voting "Aye" Commissioners Sandars. locco, Ransom, Dumont, McWhorter, and
West.
Voting "No" None.
Motion to approve passed 6-0, with Commissioner Sheryl Greiner out of the
chambers.
E. CONSIDERATION & POSSIBLE ACTION — Final Plat of O'Reilly Pearland
being a Subdivision of .8609 acre of land in Section 17 of the H.T. & B.R.R.
company Survey, Abstract No. 242, in the City of Pearland, Brazoria County,
Texas; Being Tract 17 of Westchester Estates, an unrecorded Subdivision in the
City of Pearland, Brazoria County, Texas.
Plan & Plat Administrator Richard Keller had no outstanding items.
Commissioner David Ransom made a motion to approve. Commissioner Joe
McWhorter seconded.
Motion to approve passed 6-0, with Commissioner Sheryl Greiner out of the
chambers.
F. CONSIDERATION & POSSIBLE ACTION — Remove from Table Zone
Change Application No. 1197 & Specific Use Permit No. 136
Commissioner David Ransom made a motion to remove from the table.
Commissioner Todd locco seconded.
Voting "Aye" Commissioners Sandars, locco, Ransom, Dumont, McWhorter, and
West.
Voting "No" None.
Motion to remove from table passed 6-0 with Commissioner Sheryl Greiner
out of the chambers.
G. CONSIDERATION & POSSIBLE ACTION —Zone Change Application No.
1197 & Specific Use Permit No. 136
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Commissioner Peter Dumont made a motion to approve for purpose of
discussion. Commissioner David Ransom seconded.
Planning Manager Lata Krishnarao explained this is a specific use permit for a
church. There is an existing church now, and this for the land next to it.
Churches are allowed in an R-1 zone, but there are no regulations for façade or
screening. Staff is recommending approval of the special use permit but possibly
place conditions so that it meets the requirements of a Commercial Zone.
There are 4 questions to answer. 1) Façade, 2) Screening (Fencing), 3)
Landscaping, and 4) Dumpster screening.
The Commissioners decided to address each item individually.
Planning Manager Lata Krishnarao stated the building façade, needs to be
treated as a non residential building on a major thoroughfare, which means treat
it as a commercial building on a major thororoughfare with which will require any
facade visible from the street be 100% masonry or glass, and any facade that is
adjacent to residential be 100% masonry or glass. The existing church does
meet the 100% masonry guidelines. There is currently no overlay along this
section of Broadway.
Planning & Zoning Chairperson Ruby Sandars took a poll to see if the
Commissioners were in agreement, Commissioner Todd locco stated he had a
question.
Commissioner Todd locco asked if this was going to be addressed in the Unified
Development Code.
Planning Manager Lata Krishnarao stated that this was going to be addressed in
the Unified Development Code.
The Commissioners stated that they would like to see to see a recommendation
that states that any one asking for a specific use permit needs to adhere to the
Commercial guidelines.
Planning Manager Lata Krishnarao address the screening and fence questions.
Southern Trails is building next to the church property, and the question was is
there any way to provide pedestrian linkages from the proposed Southern Trail
development, it appears there would be. The proposed Southern Trail PUD does
not elaborate on the type of fence along the boundary with the church.
A discussion was held among Staff and the Planning & Zoning Commissioners
regarding adding any fencing along the boundary. Commissioner Peter Dumont
feels that possibly landscaping with shrubs along the boundary.
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Pastor Keith Anderson stated that he spoke with Southern Trails development
and was informed that the development would be fence around the entire
development. Pastor Anderson does not want a fence around the church.
Pastor Anderson addressed the possible escalating cost of providing a 100%
masonry or glass on the buildings.
Planning & Zoning Chairperson Ruby Sandars if the ordinance states 100%
masonry rule or if Nardi Plank is acceptable. It was stated that the rule was
100% masonry.
Pastor Anderson stated that the church couldn't economically afford to build to
the 100% masonry rule. The Commissioners and Staff explained to Pastor
Anderson was informed that all new churches building in Pearland had to meet
this rule.
There was a discussion among the Staff and the Commissioners regarding the
ordinances and the ability to address the changes as the City grows.
Planning & Zoning Chairperson Ruby Sandars asked what did the
Commissioners want with the screening issue.
Commissioner Pete Dumont stated the he felt this was an aesthetic question
versus a hard fence.
Commissioner Neil West stated that he did not want to see the church build a
fence.
A discussion ensued between the Commissioners and Staff regarding making
this a walk able community. The decision was to let the church and the
development would work the fence out, and do what the church wants to do to
make it attractive.
Planning Manager Lata Krishnarao stated that there are no requirements in an R-
1 zone or do the Commissioners want to enforce the Commercial guidelines for
landscaping.
There was a discussion among the Commissioners and it was decided that the
landscaping would be required.
Commissioner David Ransom stated that maybe the chapters and paragraphs
should be noted, so there is no confusion. The Commissioners are in agreement
that the landscape plan, paragraph 22.1 through 22.5 applies.
Planning Manager Lata Krishnarao stated that Staff feels there would be a
dumpster screening required, three sides with an opaque screen
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Commissioner Todd locco made a motion to amend the motion to approve as:
1. Building façade as written in Section 22.6, Para A- 100% masonry or
glass
2. Was not an issue
3. Landscaping should be as outlined in Section 22.1 through 22.5
4. Dumpster screening as required on 3 sides.
Commissioner David Ransom seconded.
Voting "Aye" on the amendment, Commissioners Sandars, Greiner, locco,
Ransom, Dumont, McWhorter, and West.
Voting "No" None
Motion to approve amendment passed 7-0
Voting "Aye" on amended motion, Commissioners Sandars, Greiner, locco,
Ransom, Dumont, McWhorter, and West.
Voting "No" None.
Motion to approve amended motion passed 7-0
H. CONSIDERATION & POSSIBLE ACTION - Remove from Table Zone
Change Application No. 1174
Commissioner Neil West made a motion to remove from table. Commissioner
Pete Dumont seconded.
Voting "Aye" Commissioners Sandars, Greiner, locco, Ransom, Dumont,
McWhorter, and West.
Motion to remove from table passed 7-0
I. CONSIDERATION & POSSIBLE ACTION -Zone Change Application No.
1174
Commissioner Neil West made a motion to accept. Commissioner David
Ransom seconded.
Planning & Zoning Chairperson Ruby Sandars advised the Commissioners to
refer to the October 28 Agenda item.
The items to discuss are:
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1. Overall density, net density, and lot coverage. It is noted that this is
complete, does Staff agree. Staff acknowledged it was completed
2. Add a note in the PUD document that unless specified in the PUD the
development will meet the requirements of the Land Use and Urban
Development Ordinance - added on page 9 and added to the
Preliminary and Final Plat
3. Clarify the number of parking spaces - added on page 9
4. Include access right document - is added to the appendix
5. Show location of 8' high masonry fence and wrought iron fence - the
applicant has done that - location shown on site plan and noted on
page 9
A discussion ensued between the Commissioners and Staff asking for a
clarification of the location of the fence.
Commission Todd locco stated he had a concern regarding the noise level
from the industry along the southern edge of the property instead of
having wrought iron fence. Feels that there should be an 8' masonry fence
along that part of the property.
Terry Brooks, agent for the developer stated that if this was going to delay
approval, then the 8' masonry fence would be built along the southern
boundary next to the commercial lots.
A discussion was held between the developer and the Commissioners
regarding when the masonry fence would be constructed. It was agreed
that it would be built during Phase 1. It was decided that during the
construction of Phase 1 the 8' masonry fence would be built along the
southern edge next to the commercial lots. Phase 2 would include a solid
masonry wall on the east side of Industrial and wrought iron along the
north and west side. At the entrance from the access road there will be an
access gate.
6. Landscaping plan showing the pedestrian access - is shown on the
drawings.
7. Draft copy of the deed restrictions leasing to 55 and older - attached
as an appendix.
Commissioner Sheryl Greiner had a question regarding the agreement for the
access to the lake, where the restriction is granting access for 25 years. She
would like to have the agreement to increase.
Commissioner Todd locco asked if this lake was to be used as detention. It was
clarified that it was to be used as both detention and recreation.
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There was a discussion between the developer. Staff, and the Commissioners
regarding the perpetual clause for the use of the lake for the resident's
recreational activities. It was pointed out that there are three options for the
detention, 1) offsite detention, 2) acquire land elsewhere, and 3) or the developer
can do several other things. There was also a discussion regarding adding the
off site lake as an amenity and whether it is an important part of PUD and needs
to be kept in the document or take it out all together. The two questions that has
been raised after the discussion is to leave the lake in the PUD or take it out, and
how long is long enough 99 years or more.
Planning Manager Lata Krishnarao stated that the PUD has met all the
requirements of the Comprehensive Plan without the 30 acre lake.
Commissioner David Ransom made a motion to remove all references to the 30-
acre amenity. Commissioner Joe McWhorter seconded the motion.
Commissioner Sheryl Greiner is concerned that this may be seen as a complete
turnabout for the Commission.
Planning & Zoning Chairperson Ruby Sandars feels that the lake should be taken
out, but feels that this PUD is a good use of the space.
Commissioner Todd locco stated that if the 30 acres the density drops as a 4.2
unit per acre. The second concern if it is removed from PUD, the Commission is
back to square one, seeing a document that is not complete.
The Planning & Zoning Commissioners are concerned that what is agreed upon
in the meeting, and what goes before the City Council is different.
A question was posed as to whom monitors if everything is done as stated in the
PUD, it clarified that some items Staff can enforce, others cannot be done.
Commissioner Sheryl Greiner had a question on the General Warranty Deed
regarding the active 55 and older. It was clarified that the developer include the
deed for information only.
Commissioner David Ransom asked if a straw poll could be taken and vote on
the PUD as is and Staff takes care of the wall issue. Commissioner Neil West
stated he had no problem, Commissioner Todd locco stated it was all right with
him as long as someone attends the Council meeting. Commissioner Peter
Dumont stated he felt if there needed to be decisions made, and then make
them. Commissioner Sheryl Greiner has no opinion.
A vote was called for on the amendment. A vote of no leaves the 30-acre
amenity lake in the PUD; a vote of yes removes the amenity lake.
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Voting "Aye" for the amendment - None
Voting "No" for the amendment Commissioners Sandars, Greiner, locco,
Ransom, Dumont, McWhorter, and West.
Motion on the amendment to remove the lake as an amenity from the PUD
failed 7-0
As a straw vote, does the Planning & Zoning Commission want to see the
document again? Terry Brooks, agent for the developer stated it would be done.
It was decided as a mute point.
Planning & Zoning Chairperson Ruby Sandars made an amendment that the 8 ft.
masonry fence in Phase 1 will be built in Phase 1 along the southern boundary.
In Phase 2 the masonry fence will go up and down Industrial. Commissioner
David Ransom seconded.
Voting "Aye" Commissioners Sandars, Greiner, locco, Ransom, Dumont,
McWhorter, and West.
Voting "No" None
Motion to approve amendment passed 7-0
A vote was called for on approving the PUD with the amendment.
Voting "Aye" Commissioners Sandars, Ransom, Dumont, McWhorter, and West.
Voting "No" Commissioners Greiner, and locco
Commissioner Todd locco does not like the document as presented, feels that
there will be a noise issue at a later date along Industrial. In Mr. locco's opinion
the 30-acres was presented as part of the PUD, when it was not.
Commissioner Sheryl Greiner concurs that there may be a noise issue. and feels
that there is no strength in document allowing access to the lake.
Voting "Aye" Commissioners Sandars, Ransom, Dumont, McWhorter, and West.
Voting "No" Commissioners Greiner, and locco
Motion to approve passed 5-2
A discussion was held whether or not to have a Planning & Zoning meeting on
December 20, 2004. Planning & Zoning Chairperson Ruby Sandars made a
decision to not have a December 20, 2004 meeting.
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Commissioner Todd locco made a motion to adjourn. Commissioner Peter
Dumont seconded.
Voting "Aye" Commissioners Sandars, locco, Greiner, Ransom, Dumont,
McWhorter, and West.
Motion to adjourn passed 7-0
Meeting adjourned at 8:31 p.m.
NEXT MEETING DATES: November 15, 2004 — JPH & Regular P & Z
December 6, 2004— Regular P & Z
ADJOURNMENT
The meeting was adjourned at 10:56 p.m.
These minutes respectfully submitted by:
Betty F eman, Planning & Zoning Secretary
Minutes approved as submitted and/or corrected on this day of
, 2004.
LCt
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