1998-09-21 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 MONDAY, SEPTEMBER
21, 1998, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE 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:
Chairman Mary Starr
Vice-Chairman Tommy L. Scott
Commissioner Pat Lopez
Commissioner Nghiem Doan
Commissioner Jack Mathis
Commissioner Emil A. Beltz
City Engineer John Hargrove
Director of Planning and
Community Development Dennis Smith
Secretary Jennifer Mattingly
II. APPROVAL OF MINUTES
Vice-Chairman Tommy L. Scott made a clarification that on page 3, paragraph 3 of
the August 17, 1998 minutes the word "variance" should actually be the word
"ordinance".
Commissioner Pat Lopez made a motion to approve the minutes of the regular
meeting of August 17, 1998 with the correction noted, and Vice-Chairman Tommy
L. Scott seconded the motion.
III. NEW BUSINESS
A. DISCUSSION ITEM - Review Resolution No. R98-54.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, INDICATING THE CITY'S DESIRE, IN ACCORDANCE WITH CITY
ORDINANCES, TO CONTINUE REQUIRING A FIFTEEN FOOT SIDE YARD
SETBACK BETWEEN HOUSES,EXCEPT FOR THE PURPOSE OF CURING THE
EFFECT OF UNIQUE, NON SELF-CREATED HARDSHIPS.
Commissioner Pat Lopez stated that this resolution settles their dispute regarding the
15-foot aggregate, and the other commissioners agreed.
B. CONSIDERATION AND POSSIBLE ACTION - Replat of the Final Nat of
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Audebon Place Section One, 40.0232 acres, being all of the west one-half of
the west one-half of the northeast one-quarter, section 14, H.T.&B. R.R. Co.,
Survey, A-509, Brazoria County, Texas.
City Engineer stated that he recommends approval of Audebon Place contingent
upon receival of approval letters from utility companies. He then stated that he does
not like to have plats on hold, and he would like to get everything in before
submittal.
Commissioner Pat Lopez then stated he thought they had already decided to be more
consistent with not approving plats that are missing items such as utility letters,
signatures, and missing notes. John Hargrove agreed, then reminded the
commissioners that if they tabled all the items they would just build up and become
too much of a mess, or they would be misplaced.
Vice-Chairman Tommy L. Scott stated that he thought everything should be
submitted before even put on the agenda.
Chairman Mary Starr stated that she thinks they should just keep approving plats
with conditions as..., because it's been running smoothly so far. Pat Lopez agreed but
stated they should draw the line when signatures and notes are missing.
Commissioner Pat Lopez made a motion to approve Audebon Place with the
signatures of the City Attorney and the City Engineer be withheld until the recorded
covenants and approved utility letters are submitted as requested by the City
Engineer, and Vice-Chairman Tommy L. Scott seconded the motion.
Motion passed 6 to 0.
C. CONSIDERATION AND POSSIBLE ACTION - Resubmittal of A Final Plat
of West Oaks Section Three, Phase "B", being 9.5813 acres of land located
in the H.T.& B. R.R. Company Survey, A-241, Pearland, Brazoria County,
Texas.
City Engineer John Hargrove stated that this is a replat for the purpose of adding
a blvd section in Old Oaks Blvd, and he reminded the commissioners that they have
already approved the plat.
Commissioner Emil A. Beltz made a motion to approve the resubmittal of West Oaks
Section Three, Phase "B", and Vice-Chairman Tommy L. Scott seconded the motion.
Motion passed 6 to 0.
D. CONSIDERATION AND POSSIBLE ACTION - Resubmittal of the Final Plat
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of The Lakes at Countryplace Section Three, Brazoria County, Texas, being
13.4871 acres of land located in the F.B. Drake Survey, Abstract No. 503 (N.
1/2 Sec. 2).
Commissioner Emil Beltz asked if the utility letters have been submitted, and John
Hargrove responded that they are waiting for TCI and Entex.
Joe Duminel from Ferro-Saylors stated that they submitted the letters to the
companies in late July, they have been calling the companies every day trying to
speed things up.
Commissioner Emil Beltz motioned for approval, and Commissioner Jack Mathis
seconded the motion.
Motion passed 6 to 0.
E. CONSIDERATION AND POSSIBLE ACTION - Amending Plat of the Final
Plat of Villages of Edgewater Estates Section 1, Brazoria County, Texas,
(Vol.20, Pg. 71-74 B.C.P.R.), 45.528 acres out of the H.T. & B. R.R. Co.
Survey, A-309.
Joe Duminel of Ferro-Saylors explained that the purpose of this amending plat is to
change the name of Pebble Brook Street to Pebble Beach Street because Pebble
Brook was an existing-named street.
Commissioner Pat Lopez made a motion to approve the amending plat of Villages
of Edgewater Estates Section 1, and Vice-Chairman Tommy L. Scott seconded the
motion.
Motion passed 6 to 0.
F. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Villages of
Edgewater Estates Section 2, Brazoria County,Texas, 23.6878 acres out of the
H.T. & B. R.R. Co. Survey, A-309.
Variance Request:
1. Use of a 20-foot building line on cul-de-sac and thumbnail lots.
City Engineer John Hargrove stated that the recording number for the lift station site
is missing, and Chuck Davis stated that it is on the mylar. John Hargrove stated that
they also needed to submit the title report, and they still need approval letters from
Entex and TCI.
Vice-Chairman Tommy L. Scott asked John Hargrove if it would be O.K. to approve
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plat and to just withhold signatures from the City Engineer and the City Attorney
until we receive title report and utility letters? John Hargrove stated that would be
O.K. with him, and he needs to withdraw the statement regarding the lift station
information because it is on the mylar.
Commissioner Emil Beltz made a motion to approve the final plat of Villages of
Edgewater Estates Section 2 and to withhold signatures until the title report and
utility letters are submitted, and Commissioner Jack Mathis seconded the motion.
Motion passed 6 to 0.
G. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Fairway Village
Section 2, Phase 2 at Silverlake, a subdivision of 20.3042 acres of land out of
the John W. Maxey Survey, Abstract no. 721, and the A.C.H.&B. Co. Survey,
Abstract no. 415, Brazoria County, Texas.
Variance Request:
1. Use of a 20-foot building line setbacks on lots fronting the bulb portion
of cul-de-sacs.
2. Use of a 5-foot side lot building line setbacks.
Secretary Jennifer Mattingly stated that she received a phone call from Kathy
Mitchell from Jones and Carter this morning and they requested that the plat be
tabled and put on the October 5, 1998 agenda because the mylars were not ready.
Emil Beltz motioned to table the Final Plat of Fairway Village Section 2, Phase 2 at
Silverlakes, and Jack Mathis seconded the motion.
Motion passed 6 to 0.
H. CONSIDERATION AND POSSIBLE ACTION - Final Plat of West Oaks
Section Four, Phase "A", being a 16.0667 acre tract of land located in the
H.T.&B. R.R. Company Survey, A-241, Pearland, Brazoria County, Texas.
City Engineer John Hargrove recommended approval with two comments he needed
to make. First of all, the finish floor of all lots in the zone AE need to be 1 foot
higher then the 100 year flood elevation, and second, no lots should have a rear lot
access to Harkey Road.
Commissioner Pat Lopez made a motion to approve West Oaks Section Four with
the comments taken care of that were requested by the City Engineer, and Emil Beltz
seconded the motion.
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Motion passed 6 to 0.
I. CONSIDERATION AND POSSIBLE ACTION - Final Plat of West Oaks
Section Four, Phase "B", being a 9.3847 acre tract of land located in the
H.T.&B. R.R. Company Survey, A-241, Pearland, Texas.
Variance Request:
1. Use of a 20-foot building setback line around the cul-de-sac streets for
lots 16 through 20, and lots 32 through 36, of Block 2.
City Engineer John Hargrove stated he recommends approval with the same
comment that the finish floors of all lots inside the zone AE need to be 1 foot higher
then the 100-year flood elevation..
Commissioner Jack Mathis made a motion to approve West Oaks Section Four,
Phase "B" with the comment made by the City Engineer, and Emil Beltz seconded
the motion.
Motion passed 6 to 0.
J. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Pine Hollow
Section 3-A, being a subdivision of 22.9741 acres and a partial replat of lots
40, 41, 42, 45, and 47 of the George W. Jenkins subdivision as recorded in
Volume 2, Page 20 of the B.C.D.R., located in the Perry and Austin League,
A-111, Brazoria County, Texas.
Variance Request:
1. Use of a 20-foot building setback around Cul-de-sacs and Eyebrows.
City Engineer John Hargrove recommends approval with no reservations.
Vice-Chairman Tommy L. Scott made a motion to approve Pine Hollow Section 3-A,
and Commissioner Emil Beltz seconded the motion.
Motion passed 6 to 0.
K. CONSIDERATION AND POSSIBLE ACTION - Preliminary 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 dated June 28, 1995 and
recorded in file no. 98020332 of the real property records of Brazoria County,
Texas out of lots 22 and 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 240, in
Brazoria County, Texas.
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Variance Request:
1. Use of a 20-foot front yard building line on Block 1, Lots 14 through
18, 23 through 28, and 37 through 42.
City Engineer John Hargrove recommends approval, and stated that he has three
comments for the final plat. His first comment was that they needed to update their
title report, then he stated that their surveyor needs to sign and seal the plat to show
that the exterior monuments have been set, and his final comment was that they
needed to make sure all the spellings for their streets were correct.
Commissioner Pat Lopez made a motion to approve the preliminary plat of Twin
Woods Section 2, and Vice Chairman Tommy L. Scott seconded the motion.
Motion passed 6 to 0.
L. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of West
Oaks Shopping Center, being a 3.1076 acre tract of land located in the H.T.
& B. R.R. Company Survey, A-241, Pearland, Brazoria County, Texas, and
also being out of a called 39.2484 acre tract recorded in Film Code
Commissioner Emil Beltz asked if they have already started development on this
project, and John Hargrove stated that they have not begun development.
City Engineer John Hargrove asked if there were any covenants planned, then he
stated that he does not like the 16 foot utility easement cutting across the tract.
John English from Rekha Engineering read a letter from Renee West explaining that
there are future plans for a storage facility and she respectfully asks that they leave
the utility easement.
City Engineer John Hargrove then stated that he does not have a problem with the
easement on the preliminary plat but he will have to look very hard before approving
it on the final, and he would have to see a lot more information such as drawings.
He also stated that the easement would be too hard for the utility companies
field crews to locate.
Vice-Chairman Tommy L. Scott asked what the City Engineer needs to be
comfortable, and John Hargrove responded that the utility easements should follow
property line corridors so the utility companies can locate them.
Vice-Chairman Tommy L. Scott then made a motion to table the West Oaks
Shopping Center, and Commissioner Emil Beltz seconded the motion.
Motion passed 6 to 0.
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M. CONSIDERATION AND POSSIBLE ACTION -Preliminary Plat of Rehoboth
Acres, 1 block, 6 reserves, and 36.676 acres.
City Engineer John Hargrove recommended approval with one note. He stated that
they need to turn in a final drainage and detention plan for the back end of the area
with the final plat. He also reminded them to make a special note that a portion
of the plat lies in the Pearland Parkway zone.
Vice-Chairman made a motion to approve the preliminary plat of Rehoboth Acres
with the addition comment that they needed to submit drainage and detention plans
for the south end with the final plat, and Commissioner Jack Mathis seconded the
motion.
Motion passed 6 to 0.
N. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of Pine
Hollow Section 2, being a subdivision of 51.413 acres, a replat of lots 27, 44
and partial replat of lots 42, 45, 46, 47, and 48 of the George W. Jenkins
Subdivision as recorded in volume 2, page 20 of the B.C.D.R., located in the
Perry and Austin League, A-111, Brazoria County Texas.
City Engineer John Hargrove recommended approval as presented with a few
comments for the final plat. First they need to show the TBM and Benchmark; they
also need to show the division between the streets Pine Valley and Pine Forrest Dr;
and they also need to know that the southeast corner is not in the city limits, and
that West Development must make a letter request for annexation on that corner.
Commissioner Pat Lopez made a motion to approve the preliminary plat of Pine
Hollow Section 2, and Commissioner Jack Mathis seconded the motion.
Motion passed 6 to 0.
O. CONSIDERATION AND POSSIBLE ACTION - Regarding development of
new subdivision ordinance.
Chairman Mary Starr first of all asked if there has been any work on the new
definitions she requested, and Dennis Smith responded that he is working on it.
Discussion first of all ensued regarding drainage criteria and it was stated by John
Hargrove that he and administration are reviewing the Drainage Criteria Manual now
in preparation. John Hargrove stated that he did not want the drainage criteria to
be a requirement in the subdivision ordinance, and he feels they need to present the
manual to council for separate adoption by resolution.
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,�- Discussion then ensued regarding how the drainage criteria will address open ditch
subdivisions, and City Engineer John Hargrove explained that the there are other
problems associated with open ditch that are not necessarily related with drainage.
John Hargrove stated that a definite advantage of an open ditch subdivision is that
it does hold more water then the curb and water subdivision.
Chairman Mary Starr suggested taking what they have already done and presenting
it to council, but Commissioner Pat Lopez argued that would not be a good idea
because when the Comprehensive Plan is complete, the information will change
anyway. He then suggested that they needed to come up with new definitions and
Chairman Mary Starr replied that she would like 1998 definitions.
Commissioner Emil Beltz asked if there has been any progress on finding a new
Planning and Zoning Member, and Dennis Smith answered that there has been one
for interview.
City Engineer John Hargrove then pointed out that there are several other minor
changes, but he feels that the only one worth arguing over is the concern for the open
ditch subdivisions.
The City Engineer explained that they are not practiced at doing open ditch
subdivisions. He then stated that he didn't even know if a 70 foot right of way is
enough for an open ditch subdivision. He then stated for example, with a 70 foot
right of way you will need to have a 20 foot water easement. You can't build
sidewalks with open ditch subdivisions, you would have to build a shoulder, and if
you build a shoulder with limestone it would fall, and if you build a shoulder with
anything else it would be too costly.
Commissioner Pat Lopez suggested making a motion for the Chairman to go before
Council and request that the Comprehensive Plan be completed.
Chairman Mary Starr made a motion to let staff make the necessary changes and
then when they are completed they can present the changes to the Planning and
Zoning Commission when finished.
IV. NEXT MEETING DATE: Monday,October 12, 1998 @ 6:30 p.m. (JPH mtg)
Monday, October 19, 1998 @ 6:00 p.m. (Reg mtg)
V. ADJOURNMENT
The meeting was adjourned at 7:40 PM.
Ma Starr, airman
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