2004-10-18 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 OCTOBER
18, 2004, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING, IN THE
SECOND FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
The meeting was called to order at 8:22 p.m. with the following present:
Chairman Ruby Sandars
Commissioner David Ransom
Commissioner Sheryl Greiner
Commissioner Joe McWhorter
Commissioner Neil West
Secretary Betty Foreman
Absent: Commissioners Todd Iocco and Pete Dumont.
Also in attendance: Deputy City Attorney Nghiem Doan; Executive Director of
Community Services Nick Finan; Planning Manager Lata Krishnarao; Senior
Planner Theresa Grahmann; and Plans and Plats Administrator Richard Keller.
NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION
NO. 1195
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:
Legal Description: 1.00 acre of land, Tract 9A5A, Abstract 546, H. T. & B.R.R.
Company Survey, Brazoria County, Texas (Located at 6313 Terrell Drive)
Owner: Jose Carlos Saldivar
6313 Terrell Drive
Pearland, Texas 77584
Commissioner David Ransom made a motion to approve. Commissioner Joe
McWhorter seconded.
Voting "Aye" Commissioners Sandars, Ransom, McWhorter, and West.
Voting "No" None.
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Motion to approve passed 4-0, with Commissioner Sheryl Greiner absent
from the chambers.
B. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION
NO. 1198
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:
Legal Description: 1.6053 acres, being the remainder of Lot 8, Hickory Place
Subdivision, Abstract 310, H.T. & B.R.R. Company Survey, city of Pearland,
Brazoria County, Texas (Generally Located on the South Side of Hughes Ranch
Road (CR 403), and East of Bryan Court)
Owner: Afis and Nichole Olajuwon
656 Wilcrest Drive
Houston, Texas 77042
Commissioner David Ransom made a motion to approve as an R-E.
Commissioner Sheryl Greiner seconded for purpose of discussion.
Commissioner David Ransom explained to Commissioner Sheryl Greiner that the
applicant was at the Joint Public Hearing an agreed that an R-E zone was all
right.
Planning & Zoning Chairperson Ruby Sandars asked Staff for a clarification that
the applicant could not subdivide the lot at this time because they did not have
enough property. Planning Manager Lata Krishnarao stated that was incorrect,
they could not subdivide due to lack of frontage.
A discussion ensued between the Commissioners and Staff regarding the
possible subdividing of the lot at a later date under the current zoning ordinance.
Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West.
Motion to approve passed 5-0
C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION
NO. 1196
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:
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PLANNING AND ZONING COMMISSION
Legal Description: 3.394 acres of land, being a part of Lot 7 of the Allison
Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section
21, H.T. & B.R.R. Company Survey, Abstract 309, Brazoria County, Texas,
according to the plat as recorded in Volume 2, pages 23 and 24, Plat Records of
Brazoria County, Texas (Generally located on the South Side of Broadway Street
(FM 518) and on the East Side of Ower Lane).
Owner: Charles W. Kennedy, Jr., Trustee
2764 Bingle
Houston, Texas 77055
Applicant: Brazosport Cardiology
215 Oak Drive South, Suite L
Lake Jackson, Texas 77566
Commissioner David Ransom made a motion to approve. Commissioner Neil
West seconded.
Planning & Zoning Chairperson asked why the road had to curve and take out
some of the property.
Senior Planner Theresa Grahmann stated that this road would have to curve to
meet the existing street.
A discussion ensued among Staff and the Planning & Zoning Commissioners
regarding the street having to curve and would there be enough property to build
a General Business (GB) zone. It was explained to the Commissioners that it
was easier to try to line up the existing roads and make an intersection that will
be beneficial to the applicant and the traveling public. A Traffic Impact Analysis
would have to be completed at the time of platting to address the driveway
spacing.
Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West.
Voting "No" None.
Motion to approve passed 5-0
D. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION
NO. 1193
Request for an amendment to the Land Use and Urban Development Ordinance
of said City from classification Single Family Dwelling District (R-1) to General
Business District (GB), on the following described property, to wit:
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PLANNING AND ZONING COMMISSION
Legal Description: 5.00 acres of land being the west half of Lot 19, Allison
Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section
80, H.T. & B.R.R. Company Survey, Abstract 564, Brazoria County, Texas,
according to the Plat recorded in Volume 2, Page 98 of the Plat Records of
Brazoria County, Texas (Located at 12216 West Broadway Street)
Owner: Pearland New Harvest Christian Fellowship, Inc.
12216 W. Broadway Street
Pearland, Texas 77584
Applicant: Pastor Keith Anderson
P.O. Box 1211
Pearland, Texas 77588
Commissioner Neil West made a motion to approve. Commissioner Joe
McWhorter seconded.
Commissioner Sheryl Greiner stated that Staff had a valid comment regarding an
R-1 specific use not requirements of facade and screening.
A discussion ensued between Staff and the Commissioners regarding requiring
screening, the facade, making this a walk able community, and building to the
scheme of the surrounding area. The Commissioners after the discussion felt
this should be tabled until some questions were addressed.
Commissioner Sheryl Greiner made a motion to table this zone request.
Commissioner Joe McWhorter seconded.
Voting "Aye" Commissioners Sandars, Greiner, Ransom, and McWhorter.
Voting "No" None.
Abstaining Commissioner Neil West.
Motion to table passed 4-0-1.
G. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION
NO. 1174
Request for an amendment to the Land Use and Urban Development Ordinance
of said City from Classification Single Family Dwelling District (R-4) to Planned
Unit Development (PUD), on the following described property, to wit:
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PLANNING AND ZONING COMMISSION
Legal Description: 29.3049 acres of land out of Tract 162 of the W. Zychliniski
Subdivision of Section 28, H. T. & B.R.R. Company Survey, Abstract 551,
according to the map or plat thereof recorded in Volume 29, Page 9, of the Deed
Records of Brazoria County, Texas, and being a part of the lands described in
deed to R. West Development Co., Inc. Recorded under Brazoria County Clerk's
File No. 99-040666, and a deed to Ravenwood Section 3, Ltd., recorded under
Brazoria County Clerk's File No. 02-037050, both of the Official Public Records
of Brazoria County, Texas (Generally located on the West Side of Future
Pearland Parkway, and North of Industrial Drive)
Owner: R. West Development Company, Inc.
6302 Broadway, Suite 205
Pearland, Texas 77581
Commissioner Neil West made a motion to approve. Commissioner Joe
McWhorter seconded.
Commissioner Sheryl Greiner stated that there were to many outstanding issues
regarding the PUD. Commissioner Greiner feels this is premature to be able to
approve due to the number of outstanding items still open.
Commissioner David Ransom agreed, he counted six outstanding items, and
feels that all the items need to be addressed.
There are several outstanding items the Commissioners feel need to be
addressed:
1. Overall density - net density and lot coverage- Commissioners feel is
important and needs to be in the PUD
2. Show location of 8 ft high solid masonry fence and wrought iron fence
on the site plan.
3. Staff recommends a note in the PUD document that unless an item is
specified in the PUD then the Land Use and Urban Development
Ordinance will apply.
4. Traffic Impact Analysis may be required at time of platting. Executive
Director of Community Services Nick Finan asked if there could be a
requirement to do a comparison between a straight R-4 and an R-4
PUD. The Commissioners agreed this was important.
5. Discrepancy of the square footage - it was revised in the PUD
6. Recommend the swimming pool be centrally located for ease and
access. Commissioners feel that is not a big issue in the PUD
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7. Provide additional parking for the pool area. Commissioners feel that
the additional parking needs to be spelled out in the PUD
8. Include the documentation for the access rights to the 30-acre lake.
Commissioners feel this needs to be added to the PUD.
9. Recommend reduction in density. The Commissioners were unclear
that an R-4 has a density of 6.1 units per acre. Executive Director of
Community Services Nick Finan explained how the density is
calculated upon taking all factors into consideration. Planning &
Zoning Chairperson Ruby Sandars asked how the Commissioners feel
about the 9.15 density. All
10. Updated aerial photo—this is not important to the Commissioners
11. All amenities constructed during Phase 1. It was stated that all the
amenities would be constructed during Phase 1.
12. Show pedestrian access from subject parcel to the 30-acre lake. The
owner's representative stated that there is a walking trail to the Gazebo
to the lake. Commissioners feel there should be a note explaining in
the PUD.
13. Suggested parking for bike racks near the clubhouse. Commissioners
feel that it is not important to be in PUD
14. Address deed restrictions 80% rented to 55 and older. The owner's
representative stated that their legal department was working on the
language. Commissioners feel this should be completed before this
PUD goes before the Council.
Executive Director of Community Services Nick Finan asked the Commissioners
if they felt the applicant should come back to the Planning & Zoning Commission
so the Commissioners could see that the changes discussed were address
before the PUD goes before the Council.
Planning & Zoning Commissioners feel that this should come back before the
Planning & Zoning Commission before going before Council so that everyone
has agreed to the same PUD.
Commissioner David Ransom made a motion to table. Commissioner Sheryl
Greiner seconded.
Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West.
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Voting "No" None.
Motion to table passed 5-0.
H. CONSIDERATION & POSSIBLE ACTION - A variance requested on behalf
of Darlene Tuyet, owner, Estates of Dixie Farm, to request waiver of payment for
sidewalk fees until a later date when the street widening has been completed.
Plan & Plats Administrator Richard Keller explained that the owner objected to
paying the sidewalk fee at this time because there were no other sidewalks in the
area. Mr. Keller explained that he did not have the authority to waive the fees,
but he explained that they could get a variance.
Deputy City Attorney Nghiem Doan asked why this is before the Planning &
Zoning Commission instead of the Zoning Board of Adjustments.
Mr. Keller explained that this was a variance in the Land Use Ordinance not a
zoning issue.
A discussion was held between the Planning & Zoning Commission, Staff, and
legal counsel regarding whether or not this was a Planning & Zoning case or
could the Staff give the waiver.
The Planning & Zoning Commission passed this item over to Zoning Board of
Adjustments (ZBA).
I. CONSIDERATION & POSSIBLE ACTION - Final Plat of the Estates of Dixie
Farm, a tract or parcel of land containing 3.0245 acres out of Lots 83 & 84 of
George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70 in City of
Pearland, Brazoria County, Texas
Plan & Plats Administrator Richard Keller stated this was the same property as
discussed before. The only outstanding item was the payment of sidewalk fees.
Commissioner Sheryl Greiner made a motion to deny until agreement on the
sidewalk is reach. Commissioner Neil West seconded.
A discussion ensued between legal counsel and Staff whether this plat conforms
to the law. It was clarified that the plat did conform.
Planning & Zoning Chairperson Ruby Sandars called for a vote to deny.
Voting "Aye" None
Commissioner David Ransom made a motion to approve with Staff's comments.
Commissioner Joe McWhorter seconded.
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Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West.
Voting "No" None
Motion to approve with Staff's comments passed 5-0
J. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Silver Pear
518 Business Park being a subdivision containing 6.0917 acres of land (0.5921
acres in roads) out of Lot 44 and 45 of the Allison Richey Gulf Coast Home
Company Subdivision of Section 20, H.T. & B.R.R. Company Survey, Abstract
506, Brazoria County, Texas according to the map or plat thereof recorded in
Volume 2, Page 23 of the Plat Records of Brazoria County, Texas, City of
Pearland.
Plan & Plats Administrator Richard Keller stated that there were three minor
outstanding comments. The items are 1) show mutual access between Lots 1 &
2, 2) show the dividing line between detention reserve and lot 2, and 3) show all
building lines as dashed lines.
Commissioner David Ransom made a motion to approve with Staff's comments.
Commissioner Sheryl Greiner seconded.
Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West.
Voting "No" None.
Motion to approve with Staff's comments passed 5-0
K. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Orchard
Plaza being a subdivision of 6.7430 acres in the H.T. & B.R.R. Company Survey,
Section 19, Abstract 234, City of Pearland, Brazoria County, Texas.
Plan & Plats Administrator Richard Keller stated that there were only three minor
items. 1) adding contact person for owner, 2) 40' ROW in Zapalac Road not to
scale, and 3) show adjoining street as Freedom Drive instead of Old Chocolate
Bayou Road.
Commissioner David Ransom made a motion to approve with Staff's comments.
Commissioner Sheryl Greiner seconded.
Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West.
Voting "No" None
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Motion to approve with Staff's comments passed 5-0
L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Gonzalez
Subdivision, 1 Block, 1 Lot, 1.7992 acres in the H.T. & B.R.R. Company Survey,
Abstract 243. 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 Sheryl
Greiner seconded.
Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West.
Voting "No" None
Motion to approve passed 5-0
M. CONSIDERATION & POSSIBLE ACTION — Final Plat Avalon Terrace
Section 1. a subdivision of 32.4160 acres of land out of the H.T. & B.R. R.
Company Survey, Abstract 505, Brazoria County, Texas.
Pulled from the agenda
N. DISCUSSION ITEM — Planning conference — Texas Chapter American
Planning Association.
Commissioners Sheryl Greiner and Ruby Sandars gave a report from the
conference. Both felt this was a very good and informative conference.
NEXT MEETING DATES: November 1, 2004 — Regular P & Z
November 15, 2004 — JPH & Regular P & Z
ADJOURNMENT
The meeting was adjourned at 10:11 p.m.
These minutes respectfully submitted by:
/ irc"--
Betty Fo man, Planning & Zoning Secretary
Minutes approved as submitted and/or corrected on this day of
, 2004.
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