1998-04-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL
20,1998,6:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL,3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 6:00 p.m. with the following present:
Chairperson Mary Starr
Vice Chairperson Tommy Scott
Commissioner Emil Beltz
Commissioner Nghiem Doan
Commissioner Pat Lopez
Commissioner Jack D. Mathis
City Engineer John Hargrove
Director of Planning and Development Dennis Smith
Secretary Judy Highburger
Project Coordinator Alan Mueller and Commissioner Don Baker were absent.
II. APPROVAL OF MINUTES: Minutes of April 13, 1998.
A motion was made by Commissioner Emil Beltz, and seconded by Vice Chairperson Tommy
Scott to approve the Minutes of April 13, 1998. • ,
Motion passed to approve 5 to 1 (Nghien r=`Doan abstained).
III. NEW BUSINESS
A. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of Willow
Lake Estates, Section One, Lot 14 George W. Jenkins Subdivision (Vol. 79, Pg.
616, B.C.D.R.), Lots 1 and 2 Narregang's Subdivision (Vol. 01, Pg. 92, B.C.D.R.)
and Lot 25 O.W. Willits Subdivision (Vol 03, Pg. 65, B.C.D.R.) and being in the
W. D. C. Hall League, Abstract No. 70 Pearland, Brazoria County, Texas.
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Variance Request:
Cul-de-sac length greater than 600 feet on Windcrest Court.
Mr. Al Lentz was present representing the owner, Willow Partners,Ltd., and said the property was
formerly zoned Office Professional (OP) and now is zoned Single Family (R-1).
City Engineer John Hargrove asked Mr. Lentz the nature of the fee strip, and Mr. Lentz replied
that it was purchased from Oxychem and now owned by fee simple that gives them the right to
cross the fee strip.
Mr. Hargrove asked if Oxychem signatures were on the plat, and Mr. Lentz said no. Mr. Hargrove
also asked if there was a recorded easement, and Mr. Lentz said yes, and he requested recordation
data be put on the final plat.
Fire Marshal Larry Steed was present and stated the variance request for cul-de-sac length greater
than 600' was acceptable; however, with the pipelines and no second access to the area, he was
uncomfortable with approving it.
Mr. Steed said there is a major pipeline at the entrance to the subdivision and an 8" propylene in
the rear,and if the current configuration is maintained and no second exit except for Mary's Creek
or on foot through the woods and fences to the north end, he has grave concerns as to the safety
of the residents. He went on to say that he has seen the devastation and the lives that have been
lost, and wants the Commission to be aware of these dangers.
Mr. Lentz said there have been a number of subdivisions similar to this one that have been
approved by the Commission with Oakbrook Estates being an example. However; Section Two
was to have a second entrance within a year (this has been done).
Mr. Steed asked if the right-of-way of the second access has been purchased, and Mr. Lentz
replied that negotiations are underway now and expect it to be finalized before the final plat is
submitted.
Director of Planning and Development Dennis Smith said he, too, was uncomfortable with only
one entrance and feels that just because it has been approved in the past is no excuse to continue
approving in the future. He mentioned that the secondary r.o.w. between the churches should be
acquired and dedicated now rather than waiting for Phase II.
Mr. Hargrove said staff recommended approval with the following exceptions:
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1. Survey statement showing exterior monuments and foundations set.
2. Hold Harmless statement regarding the 100'separation from pipelines on final plat.
3. Owner to the west of the plat to be identified.
4. Additional entrance on Hwy 518.
Commissioner Pat Lopez inquired into the spillways going into the bypass, the detail being put
into it, and where the responsibility lies for erosion protection in these areas. Mr. Hargrove said
those drawings were reviewed by staff and outfall details are under the authority of the Brazoria
Drainage District #4 (BDD#4).
A motion was made by Commissioner Lopez, and seconded by Commissioner Nghiem Doan to
approve the Preliminary Plat of Willow Lake Estates, Section One with staff exceptions.
Mr. Lentz said he did not want the project being held in a higher standard than others. Mr. Smith
said at the recent City Council Retreat, variance requests were given a hard look at by Council.
Mr. Steed said approval of the preliminary plat is acceptable with a second entrance on the final
plat.
Commissioner Lopez amended his motion to include the requested items by Mr. Hargrove.
Motion passed to approve 6 to 0.
B. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of Sunrise
Lake, Section One, 60.18 acres of land found in the John W. Maxey Survey,
Abstract 721 Brazoria County, Texas.
Variance Request:
1. Twenty foot front building line on cul-de-sac lots.
2. Ten foot set back between houses.
Mr. Steve Gardner and Mr. Ken Caffey were present representing the owner, Amvest Properties,
Inc.
Mr. Steed spoke to the Commissioners regarding the potential hazards of building houses too close
together. The Subdivision Ordinance states 15' setbacks are required. He would like to see 20'
setbacks. Mr. Smith said a 10' setback only gives 6' between eaves.
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Mr. Hargrove said there was a request for a second exit at the extension of CR 90 in the future,
but there is not one now that he is aware of.
Mr. Gardner said they have given half of the right-of-way and that the road needs to be where the
traffic light will line up with the road.
Mr. Steed was concerned about a major traffic accident blocking entrance to the subdivision and
a resident needing medical attention, thereby making an ambulance unable to enter.
Mr. Hargrove asked if there was a Master Plan of the area on file, and Mr. Gardner said yes,
however, the property currently belongs to someone else. Mr. Caffey said there will be a double
esplanade which is like a double entrance. Mr. Gardner said provisions have been made to
purchase adjacent land to the west for another entrance which will come off CR 92 and can tie
into CR 93 in the next section.
Mr. Steed said with a project the size of this one, there could possibly be 500-600 residents. Mr.
Caffey said the Commission could withhold approval of the final plat contingent upon purchase
of the property. Mr. Smith asked the time frame for Sections 1-2, and Mr. Caffey replied 1 to 1
1/2 years depending on the market.
Mr. Steed again stated his objection to variances of 10' setbacks. Mr. Caffey said in the 1970's,
there were numerous houses built with wood shingle roofs, and some residents stacked wood
between houses which made even more of a fire hazard, and some of the communities in Pearland
had 10' setbacks.
Vice Chairman Tommy Scott said what we are looking at now is in the city limits, and many of
the 10' setbacks were in the MUD's in Silverlake. He said he, too, was uncomfortable with
approving the requested variance.
Commissioner Lopez said approval of 10' setbacks sends a message to the developers that P&Z
will not hold to the Ordinance, which states setbacks are 15'.
Mr. Caffey said there have been some 10' setback approvals in the City with Beazer Homes being
an example of, and if P&Z holds this plat to 10' it will put the developers in a bad competitive
state.
Mr. Steed said he was not aware of the Beazer project variance request until it was already
approved, and said he was upset about it.
Commissioner Emil Beltz asked if there is a number of plats coming forward requesting setback
variances, and Mr. Hargrove said West Oaks Subdivision was one. Mr. Hargrove stated years ago
this all started with Southwyck using 10' setback lines according to an agreement with the City
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which rationalized the 10' setback on the basis of overall density comparisons.
Mr. Hargrove said staff recommended approval of the plat with the following exceptions:
1. Surveyor's statement.
2. Contour elevations need to be eligible.
3. Signatures of BDD#4.
4. Provide one temporary bench mark on plat.
5. Adjacent owners names.
6. Provision for 2nd access.
Ms. Renee West, 2510 Westminister, told the Commission that approximately 10-15% of her
homes built in Pearland have 10' setbacks, while most have 15'. This is because some floor plans
will not fit on the lots any other way.
Commissioner Lopez said when the Commission approves 10' setbacks on one plat, then all of
them will be submitted.
A motion was made by Commissioner Lopez to approve the Preliminary Plat of Sunrise Lake
Section One with the requested items of Mr. Hargrove, approval of the final plat contingent upon
the Master Plan proposal for the second entry, approve the 20' front building line on cul-de-sacs,
and remove the 10' setbacks between houses note. The motion was seconded by Vice Chairman
Scott.
Motion passed to approve 6 to 0.
C. CONSIDERATION AND POSSIBLE ACTION - Review of Corridor Overlay
Plan for Pearland Parkway/Oiler Drive.
Mr. Smith updated the Commission on changes to the Plan and presented slides of those changes.
Lot and Setback Standards - A, E (page 2)
Building Facade Standards - Cl, D (page 3)
Landscaping Standards - A (page 5)
Screening Standards - A4: Other outside storage not allowed (page 6)
Screening Standards - B 1, C3 (page 7)
Sidewalk Standards - Dl (page 8)
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IV. NEXT MEETING DATE: Monday, April 27, 1998, 6:30 p.m.
Joint Public Hearing
V. ADJOURNED 7:24 p.m.
Minutes approved as submitted this day of -i
A.D., 1998.
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ATTEST:
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