1999-11-01 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND HELD ON MONDAY, NOVEMBER 1, 1999 IMMEDIATELY
FOLLOWING THE PUBLIC HEARING IN THE COUNCIL CHAMBERS, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 7:22 P.M. with the following present:
Chairperson Mary Starr
Vice-Chairman Tommy Scott
Commissioner Emil Beltz
Commissioner Donald Glenn
Commissioner Todd locco
City Engineer John W. Hargrove
Director of Community
Development & Services Gene Tumlinson
Planning & Zoning Secretary Jennifer Gonzales
II. APPROVAL OF MINUTES
Commissioner Beltz made a motion to approve the October 18, 1999 minutes, and
Vice-Chairman Scott seconded the motion.
Motion passed 5 to 0.
III. NEW BUSINESS
Chairperson Mary Starr made a decision to start with agenda items E and H due to the
number of people in attendance regarding the replatting of the Weatherford
Subdivision.
E. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Weatherford
Phase 3 at Silverlake, a subdivision of 23.0546 acres of land out of the
R.B. Lyle Survey, Abstract No. 539, Brazoria County, Texas.
Commissioner Beltz asked how this section of Weatherford ties into the other section
that is being replatted.
City Engineer Hargrove answered that the west-end of Hidden Mist Court goes into
Weatherford II.
Vice-Chairman Scott asked if there were any other alternatives other than the
requested extension, and City Engineer Hargrove stated that Hidden Mist Court could
be turned into a cul-de-sac.
Commissioner locco asked how the city feels about this situation.
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Mr. Hargrove then stated that the subdivision ordinance advocates the connection for
circulation. He then stated that they have no objection to the extension of the road or
a cul-de-sac.
Commissioner locco then stated that he thought a cul-de-sac was used for streets that
have been left at a dead end, and Mr.Hargrove answered that he is correct.
Vice-Chairman Scott then expressed concern that they were making decisions on
pieces of property with out the vicinity of the master plan.
Developer Tom Wilcox asked to address the Commissioners and Chairman Starr
stated that he could speak.
Mr. Wilcox presented a map to the Commissioners and explained that they did not
own the property where the extension would take place until this past year. He then
stated that it was never identified in the original development plans because they did
not own the property then. He then stated that he does not have a problem with the
cul-de-sac. He pointed out that when they went for a public hearing at Brazoria
County they had engineering studies done on the right of way. He then stated that a
cul-de-sac would work if the Commissioners would allow for a 60' right of way. He
then stated that there would be two stop signs on the extended road. Mr. Wilcox then
clarified that he as the developer never wrote or stated that the garages would be
detached. That's between the builder and the residence. The developer is only
responsible for the square footage of the subdivision and the price range of the
homes.
Vice-Chairman Scott pointed out that there is no variance request letter for the 5' side
yard setbacks, and he stated that note 14 does refer to 10' aggregate sideyards.
Commissioner Beltz made a motion to table the Preliminary Plat of Weatherford Phase
3 until they turn in a complete submittal. There was no second.
Vice-Chairman Scott made a motion to deny the Preliminary Plat of Weatherford
Phase 3 due to the fact there was no variance request letter, and Commissioner locco
seconded the motion.
Vice-Chairman Scott then stated that he is highly against the 10' aggregate sideyards.
Commissioner locco suggested to the developer that it would be a good idea to
consider the cul-de-sac alternative.
City Engineer stated that he has other comments and listed them as:
1 . The city limits needs to be updated on the vicinity map.
2. The date on the title block needs to be updated.
3. Note 19 needs to be rephrased.
4. The name "Hidden Mist Court" must be changed from "Court" to something else
because it is not a cul-de-sac.
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5. There needs to be recording information for the lift-station.
Chairman Starr called for a vote.
Motion to deny passed 5 to 0.
H. CONSIDERATION & POSSIBLE ACTION — The purpose of this replat is to
convert a residential lot to a public R.O.W— Final Replat of Lots 24, 25, and
26, Block 1, a tract of 0.5372 acres of land being a Replat of Weatherford
Phase II at Silverlake, a subdivision of 12.5102 acres of land out of the
R.B. Lyle Survey, A-539, Brazoria County, Texas.
(Approved by P&Z on April 5, 1999 — brought back for a Public Hearing per
request of Darrin Coker, City Attorney)
City Engineer stated that the map from the public hearing shows the three shaded lots
(lots 24, 25,and 26) that will be replatted to put in the extended road.
Chairperson Starr asked what would happen if they deny this plat, and City Attorney
Darrin Coker stated that the developer does have a recorded plat and he does not
have an answer for that question at this time because there are several legal matters.
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City Engineer stated that since Item E was denied, it makes this a moot point for the
time being.
Commissioner locco made a motion to table item H, and Vice-chairman Scott
seconded the motion.
Motion to table passed 5 to 0.
A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 831
Request of owners for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Suburban
Development District (SD) to Light Industrial District (M-1) on the following
described property, to wit:
Legal Description Being 23.69 acres of land, out of a 43.3143 acre tract,
F.B. Drake Survey, A-1181, Harris Co., TX (2900 Fellows
Road)
Owner Turbo Care
5710 Ransom Street
Houston, TX 77087
Commissioner Emil Beltz made a motion to forward zoning application no. 831 to City
Council for approval, and Commissioner locco seconded the motion.
Motion to approve passed 5 to 0.
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B. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 821
Request of owners 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-3) on the
following described property, to wit:
Legal Description Being approximately 10 acres, a.k.a., Lot 34, Allison
Richey Gulf Coast Home Co. Survey, A-304, recorded
in Vol. 2, pg 107, plat records of Brazoria Co., TX (Miller
Ranch Road)
Owner The Ritson Morris Corporation
2621 Joanel Street
Houston, TX 77027
Agent John N. Taylor
2709 Lighthouse Drive
Houston, TX 77058
Vice-Chairman Scott made a motion to forward zoning application no. 821 to City
Council for approval, and Commissioner locco seconded the motion.
Motion to approve passed 5 to 0.
C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NOS.
761, 822, 823, 826.
Request of owners 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 properties to wit:
1. Zoning Application No. 761
Legal Description Lot 1, Block 2, Masuda subdivision, according to
the plat recorded in Vol. 19, pgs 37-38, of the plat
records of Brazoria Co., TX (7021 W. Cliff Stone
Road)
Owner Alf & Kathy Shatto
7021 West Cliff Stone Road
Pearland, TX 77581
2. Zoning Application No. 822
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Legal Description Lot 2, a 1.0101 acre tract, and Lot 3, a 1.0101
acre tract, of Bethel Subdivision, Section 2, out
of Lots 39, 40, 55 & 56, Allison Richey Gulf Coast
Home Co. subdivision, Section 19, H. T. & B. R.R.
Co. Survey, A-243, deed records of Brazoria Co.,
TX (1033 Lee Road)
Owner Timothy & Dale Nguyen
1033 Lee Road
Pearland, TX 77581
3. Zoning Application No. 823
Legal Description A 1.0101 acre tract, known as Lot 4, Bethel
Subdivision, Section 2, Allison Richey Gulf
Coast Home Co. Subdivision, Section 19, H. T. &
B. R.R. Co. Survey, A-243, Brazoria Co., TX (Lee
Road)
Owner William & Sandra Bailey
13607 Broken Bridge Drive
Houston, TX 77085-1327
4. Zoning Application No. 826
Legal Description Lot 9, Block 1, Hickory Place Subdivision, H. T. &
B. R.R. Co. Survey, A-310 (Bryan Court)
Owner Will York
12531 Sorsby
Houston, TX
Vice-Chairman Scott made a motion to forward zoning application no. 761 , 822, 823, &
826 to City Council for approval, and Commissioner Beltz seconded the motion.
Motion to approve passed 5 to 0.
D. CONSIDERATION & POSSIBLE ACTION — Final Plat of Garden Gate
Section One, 4.891 acres, being a partial replat of reserves "A" and "F", &
lot 9, block 1 of replat of Final Plat of Audubon Place, Section One, Vol.
20, pg. 195-196 B.C.P.R., and being out of lot 8 of the southeast one-
quarter of the northwest one-quarter, H.T.&B. R.R. Co. survey, section 14,
A-509, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval as submitted.
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Vice-Chairman Scott made a motion to approve the Final Plat of Garden Gate Section
One, and Commissioner Beltz seconded the motion.
Motion to approve passed 5 to 0.
F. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Autumn Lake
Section One, a subdivision of 79.6121 acres of located in the H.T.&B. R.R.
Co. Survey, Abstract 304 Brazoria County, Texas.
Variance Request:
1. For Block 2 to be longer than 1,200 ft. because of the layout
dictated by the configuration of the land in Section One.
2. For Blocks 3, 5, 6, 8, & 9 to be less than 300 ft. due to the
configuration of the lots West of Harrison Drive in Section One.
City Engineer Hargrove stated that he is baffled by the variance requests.
The developer Jack Beard stated that he has made a request remove the variance
request letter from the submittal.
City Engineer Hargrove stated that he has comments for the final plat.
1. Some of the lots at the property line are 60', and some are 57' and he needs to
see calculations showing that they are 60' at the building line.
2. For the record there is no water and sewer available at the time and when the
water will be available through FM 518, the developer will be responsible for the
connection.
3. Reserve H and Reserve J need to read "2' Fence Reserve".
4. The vicinity map needs to be rotated to where North is up.
Mr. Hargrove then stated that he has comments for sheet 2 and listed them as:
1 . He will continue to request a 20' lake maintenance strip on the final plat and he
stated that he does not like 15'.
2. He will need a letter from the Brazoria Drainage District #4 allowing the Hickory
Slough R.O.W. widths shown.
Mr. Beard stated the BDD#4 has approved the widths and it is documented in the
minutes.
Vice-Chairman Scott made a motion to approve the Preliminary Plat of Autumn Lake
Section One, with the requirements made by the City Engineer, and Commissioner
Glenn seconded the motion.
Motion to approve passed 5 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Lakeside
Estates Section One, a subdivision of 44.0735 acres of land being a part of
lots 10, 11, 12, 35, 36, and 37 of the Allison Richey Gulf Coast Home
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Company Subdivision of Section 10 out of the H.T.&B R.R. Company
survey, A-505 as recorded in Volume 406, page 635 of B.C.D.R., Brazoria
County, Texas.
Mr. Hargrove stated that staff recommends approval with the following comments for
the final plat:
1. The vicinity map needs to show the correct city limits.
2. Notes 14 and 15 need to be added.
3. They need to add HL&P easements.
4. They need approval from the Brazoria Drainage District #4.
Mr. Hargrove then suggested that the developer might want to reconsider the lot
layouts. He then pointed out that a fourth cul-de-sac would be cheaper to build.
The current layout requires two more street lights and they lose four lots.
Commissioner locco made a motion to approve the Preliminary Plat of Lakeside
Estates Section One, with the comments for the final plat outlined by the City
Engineer, and Commissioner Glenn seconded the motion.
Motion to approve passed 5 to 0.
I. CONSIDERATION & POSSIBLE ACTION — Partial Replat of Hickory Place
Subdivision Lot 9, Block 1, a tract or parcel of land containing 0.904 acres
out of lot 9 of Hickory Place Subdivision, recorded in volume 18, page 333
and 334 of the plat records of Brazoria County, Texas, situated in section
1 of the H.T.&B.B. R.R. Co. Survey, Abstract 310, Brazoria County, Texas.
City Engineer Hargrove stated that it was decided that this replat does not need to go
before a public hearing. He then stated that the owner is in the process of changing
the zoning from SD to R-1 and is application no. 826 in which they recommended to
City Council for approval as Agenda Item C.
Commissioner Glenn made a motion to approve the Replat of Hickory Place
Subdivision Lot 9, Block 1 contingent upon approval of the zoning application, and
Vice-Chairman Scott seconded the motion.
Motion to approve passed 5 to 0.
J. CONSIDERATION & POSSIBLE ACTION - Partial Replat of Audubon Place,
Section One, 1.4686 acres, being all of lots 4 & 5, Block 2, and reserve
"G", of the replat of Final Plat Audubon Place, Section One, Vol 20, pg
195-196, B.C.P.R., H.T.&B. R.R. Co. Survey, A-509, Brazoria County, Texas.
City Engineer Hargrove stated that this does not require a public hearing because the
developer owns all the property within 200 feet of the area. He then stated that this
plat was originally platted as with lots 2 and 3 as one lot and lots 1 and 4 as one lot.
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Vice-Chairman Scott made a motion to approve the Replat of Audubon Place Section
One, and Commissioner Beltz seconded the motion.
Motion to approve passed 5 to 0.
K. CONSIDERATION & POSSIBLE ACTION — Request for variance from the
requirements in the subdivision Ordinance that require building permits to
be issued only on platted lots. (George V. Johnson)
City Engineer Hargrove explained to the Commissioners that since they have been
annexing they have been creating a lot of hardships. He stated that there are several
people who owned 5 to 10 acres of land and they have split off some of the acreage
over the years and now that they have been annexed they are required to go through
the platting process at no fault of their own. He has worked with City Attorney Darrin
Coker to come up with this variance request from the subdivision ordinance as a way
for them not to have to go through the whole platting process for a lot that has already
been created by legal description subdivision.
Vice-Chairman Scott made a motion to approve the variance request for George V.
Johnson, and Commissioner Beltz seconded the motion.
Motion to approve passed 5 to 0.
L. CONSIDERATION & POSSIBLE ACTION - Request for variance from the
requirements in the subdivision Ordinance that require building permits to
be issued only on platted lots. (Suzanne P. Spoon)
Commissioner locco made a motion to approve the variance request for Suzanne P.
Spoon, and Vice-Chairman Scott seconded the motion.
Motion to approve passed 5 to 0.
IV. ADJOURNMENT
The meeting adjourned at 8:25 P.M.
ese minutes res+ectfully su•mitted by:
��. �i J
Je` ifer Gfir zal es, Plan #g & Zoning Secretary
Minutes approved as submitted and/or corrected on this //- day of)'1OV tit`e,999.
vc,Mary St#r, anning & Zoning Chairperson
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