1999-11-15 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 15, 1999 AT 6:30 P.M. IN THE
COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
The meeting was called to order at 6:34 P.M. with the following present:
Chairperson Mary Starr
Vice-Chairman Tommy Scott
Commissioner Emil A. Beltz
Commissioner Todd locco
Commissioner Russ Selemon
Commissioner Charles Viktorin
City Engineer John Hargrove
Director of Development &
Community Services Gene Tumlinson
Planning & Zoning Secretary Jennifer Gonzales
Commissioner Donald Glenn was absent.
II. APPROVAL OF MINUTES:
Vice-Chairman Scott made a motion to approve the November 1, 1999 minutes, and
Commissioner locco seconded the motion.
Motion passed 6 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION - COMPREHENSIVE PLAN
Senior Projects Manager Michael Ross gave a brief presentation over the highlights for
the changes that have made for the revised Comprehensive Plan. He listed the changes
as:
In the Land Use Section the following changes have been made:
1 . Designated foreign trade zone on plan.
2. Removed all future multi-family designations on plan that do not exist, with the
exception of Shadow Creek Ranch.
3. Addition of Shadow Creek Ranch development.
4. Included density requirements pertaining to lots verses open space.
Under Land Use Categories:
1 . Reduced low-density residential dwelling units from 0-6 per acre to 0-4.
2. Deleted R-3 singe-family designation from low-density residential category
and added it to Medium-density residential category.
3. Deleted multi-family designation from medium-density residential category.
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4. Reduced medium-density residential dwelling units from 6-12 per acre to 4-
10 per acre.
5. Reduced high-density number of units from 12 units per acre to 10 units.
6. Increased average lot size in medium density residential from 4,000-5,000
Sq. ft. to 4,000-6,000 Sq. ft.
7. Added Manufactured Housing Category and established minimum lot sizes.
8. Eliminated Town Center category.
5. At PEDC's request, the business park at Hway 288 and Beltway 8 has been
expanded.
6. Added the Pearland Parkway overlay district.
In the Parks and Open Space section the following changes have been made:
1. Added hike and bike trails to plan.
2. Discussed adopting parkland dedication ordinance to assist in parkland
development.
In the Transportation section the following changes have been made:
1. Added major collector designation to thoroughfare plan.
2. Added minimum ROW widths to roadway classifications on plan.
3. Removed town loop at Pearland Parkway.
4. Added study area at Scarsdale and Yost.
In the Drainage and Flood Control section the following changes have been made:
1 . Develop an acquisition plan for regional detention ponds.
In the Water & Wastewater section the following changes have been made:
1. Made minor additions and adjustments in both water and wastewater systems.
In the Community Facilities section the following changes have been made:
1. Established Cullen Service Center Site as the proposed central police station,
additional fire station, public works service center and library.
2. Included police substation, fire station, and library in the Shadow Creek
development.
3. Keep public works center at Old Alvin Road.
4. Current central police station will become substation.
5. Added proposed fire station along beltway 8 near SH 35.
Mr. Ross then stated that on November 22, 1999 will be the first reading, and the second
and final reading will be on December 13, 1999.
Chairperson Mary Starr questioned how the density requirements were determined, and
Mr. Ross explained that they discussed it at length over several workshops, staff input,
and the general direction from City Council.
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Chairperson Starr then stated that she would like to see more definitions.
Mr. Ross then introduced Vernon Henry to the Commissioners as the consultant who
prepared the proposed Comprehensive Plan.
Commissioner Beltz made a comment that the financial data should be updated.
Deputy City Manager Alan Mueller addressed the Commissioner's concerns and stated
that they have been working on the Comprehensive Plan since 1997, and there main
objective was to focus on the production that pertained to the future rather then spending
time on updating every financial figure.
Commissioner Beltz stated that he had another concern about the book referring to
certain "on-going" improvements and development that will be outdated in a few years.
He then stated that on page 3.9 the word "cental" might be misspelled. He stated that
other than that the plan is an overall good plan.
Chairperson Starr stated that there is too much low density housing, but she agreed with
Mr. Beltz and stated that overall it is a good plan.
Mr. Ross then explained that this is a "general" plan and there will be zoning maps that
will be created and they will consist of the details.
Commissioner Viktorin introduced himself and stated that he does not have too much
background on the subject but he would like to know how this plan is compared to other
average cities.
Mr. Vernon Henry replied that there is no "typical" city and this plan was designed for this
city. He stated that he has been reviewing subdivision ordinances and various plans for
thirty-five years. He stated that this plan has been taken piece by piece from various
sources.
Commissioner Viktorin stated that he believes there are two extremes, and described the
first extreme as a city that is completely industrial whereas the tax base would be very
low, and the second extreme as a city with no industrial or businesses whereas the tax
base would be extremely high. He then questioned how this city would fit in those
extremes.
Mr. Henry then answered that no city can be completely residential or completely
industrial. He then explained that this plan addresses all of the zoning and does not
focus on any particular zoning.
Mr. Ross then stated that the overall goal is to get a mixture of zoning across the entire
city.
Commissioner Selemon stated that the point of having a plan is having a plan to go by
and he feels that the middle of the plan is not addressed enough.
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Chairperson Starr then asked what the Commissioners next step would be, and Mr. Ross
replied that they need to make a recommendation to City Council.
Vice-Chairman Scott made a motion to forward the Comprehensive Plan to City Council
for approval, and Commissioner Beltz seconded the motion.
Motion passed 6 to 0.
B. CONSIDERATION & POSSIBLE ACTION - ZONING APPLICATION NO. 845
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Neighborhood Services District (NS) to General
Business District (GB) on the following described property, to wit:
1. Zoning Application No. 845
Legal Description: Reserve C & D, Corrigan Addition, Brazoria Co, Texas (Broadway
Street)
Owner: Frank D. Barringer
P.O. Box 867
South Houston, TX 77587
Agent: Tom Alexander, Jr.
Vice-Chairman Scott made a motion to forward zoning application no. 845 to City Council
for approval, and Commissioner Viktorin seconded the motion.
Motion to approve passed 6 to 0.
C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 824
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Light Industrial District (M-1) to Heavy Industrial
District (M-2) on the following described property, to wit:
1. Zoning Application No. 824
Legal Description: Being 26.88 acres out of the H. T. & B. R.R. Co. survey, Section II,
A-239, Brazoria Co., TX (Veterans Road)
Owner: Liquid Transporters, Inc.
3939 Atkinson Drive
Louisville, KY 40218
Agent: Mr. Mark Nicholas/The Staubach Company
Commissioner locco made a motion to forward zoning application no. 824 to City Council
for denial.
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Vice-Chairman Scott made a motion to forward zoning application no. 824 to City Council
for approval, and Commissioner Viktorin seconded the motion.
Vice-Chairman Scott explained that this is generally an industrial corridor along the
railroads.
Commissioner Selemon stated that even on the general plan it is light industrial, not
heavy industrial. He then asked if there would be a lot of trucks. Commissioner locco
replied that there would be a lot of trucks.
Commissioner Viktorin expressed his concern for the roads and if the roads will be able
to handle the trucks.
Commissioner Iocco stated that he would consider the request if the road was four lanes,
but he is afraid the trucks are going to tear the road up and the tax payers will end up
paying for the damages.
Commissioner Viktorin stated that he also relates to the citizens and he knows what it is
like to slide off the road in the rain. He then asks if there has been any correspondence
with the company.
Mr. Tumlinson stated that our Pearland Economic Development Corporation has been
working with the company. He then stated that he has driven to the place and research
showed that there is nothing wrong with the property and the company has actually taken
extreme measures for sprinklers to wet the area.
It was noted that there were 3 people who spoke for the request at the public hearing and
6 people who spoke against the request.
Mr. Tumlinson then reminded the Commissioners that there is a very fine line between
Light and Heavy Industrial and Mr. Hargrove added that 18 wheelers do fit in Light
Industrial which is the current zoning.
Commissioner locco then expressed concern for the residents at Cobblestone.
Chairman Starr called for a vote.
Motion to approve passed 4 to 2.
D. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 834
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development District (SD) to
Commercial District (C) on the following described property, to wit:
1. Zoning Application No. 834
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Legal Description: Lot A, Block 1, Garden Acres, Section 2, Brazoria Co., TX
(Broadway Street between Lazy Bend & Garden Road)
Owners: Blumenthal Investments Partners
P.O. Box 1196
Edwards, CO 81632
Agent: David S. Miller
Vice-Chairman Scott made a motion to forward zoning application no. 834 to City Council
for approval, and Commissioner Selemon seconded the motion.
Director of Planning and Community Services Gene Tumilinson stated that one out of
three tenants one tennant may possibly have an automobile service, so instead of
General Business they are requesting Commercial zoning.
Chairman Starr stated that there is also a possibility of a restaurant with outside seating.
Discussion ensued regarding fencing around the automobile shop and Mr. Tumlinson
assured the Commissioners that this would be addressed during the permitting stages.
Motion to approve passed 5 to 0 (1 abstention).
E. CONSIDERATION & POSSIBLE ACTION -ZONING APPLICATION NO. 842
Request of owners 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:
1. Zoning Application No. 842
Legal Description: Being 13.2558 acres out of Lots 12-16 of the Dooley Partition, James
Hamilton survey, A-881, as recorded in Harris Co., TX (Beltway 8
feeder road)
Owner: Rec-Time, Inc.
710 Greenbriar
Friendswood, TX 77546
Agent: Ed R. Weatherall
Mr. Tumlinson stated that this would be an recreational vehicle park.
Commissioner Iocco made a motion to forward zoning application no. 842 to City Council
for approval, and Commissioner Beltz seconded the motion.
Motion to approve passed 6 to 0.
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F. CONSIDERATION & POSSIBLE ACTION - ZONING APPLICATION NO. 841
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development District (SD) to
Commercial District (C) on the following described property, to wit:
1. Zoning Application No. 841
Legal Description: Being 6.7387 acres, a portion of Lots 13-16 of the Dooley Partition,
out of the James Hamilton survey, A-881, as recorded in Harris Co.,
TX (Beltway 8 feeder road)
Owner: Rec-Time, Inc.
710 Greenbriar
Friendswood, TX 77546
Agent: Ed R. Weatherall
Vice-Chairman Scott made a motion to forward zoning application no. 841 to City Council
for approval and Commissioner locco seconded the motion.
Motion to approve passed 6 to 0.
G. CONSIDERATION & POSSIBLE ACTION - ZONING APPLICATION NO. 818, 837,
843, 844, 851
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 property, to wit:
1 . Zoning Application No. 818
Legal Description: Being 1.284 acres out of Lot 9, Allison Richey Gulf Coast Home Co.
Suburban Gardens Subdivision, H. T. & B. R.R. Co. survey, Section
20, A-506, according to the plat recorded in Vol. 2, pg 23 of the plat
records of Brazoria Co., TX (2317 Sterling Drive)
Owner: Mark C. & Annette Thompson
2317 Sterling Drive
Pearland, TX 77584
2. Zoning Application No. 837
Legal Description: Lot 1, Bethal Estates, Section II, A-243 (1111 CR 664)
Owner: Julio G. & Miroslavia Martinez
1938 Garden Road #45
Pearland, TX 77581
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3. Zoning Application No. 843
Legal Description: Being .9998 acres out of Lot 7, Allison Richey Gulf Coast Home Co.
Subdivision of Section 20, H. T. & B. R.R. Co. survey, A-506, Brazoria
Co., TX (1108 Linda Lane)
Owner: Patrick J. Cooper
1108 Linda Lane
Pearland, TX 77584
4. Zoning Application No. 844
Legal Description: Being 1.1478 acres known as Lot 8 of Bethel Subdivision, Section 2,
Allison Richey Gulf Coast Home Company Subdivision, Section 19,
H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (Stone Road)
Owner: Raul Perez
501 Bonnie
South Houston, TX 77587
5. Zoning Application No. 851
Legal Description: Lot 11 , a 1.0101 acre tract out of Bethel Subdivision, Section 2,
Allison Richey Gulf Coast Home Co. Subdivision, H. T. & B. R.R. Co.
survey, A-243, Brazoria Co., TX (2078 Stone Road)
Owner: Gerardo & Theresa Garcia
2078 Stone Road
Pearland, TX 77581
Vice-Chairman Scott made a motion to forward zoning application nos. 818, 837, 843,
844, and 851 to City Council for approval and Commissioner Beltz seconded the motion.
Motion to approve passed 6 to 0.
H. 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.
Variance Requests:
1. Use of 20-foot building line setbacks on lots fronting the bulb portion of cul-
de-sacs.
2. Use of 5-foot side lot building line setbacks.
Tom Wilcox showed a map and gave a brief presentation stating that on the north side of
CR 93 there is an existing detention pond and on the south side there is a school and the
boundaries were set before the actual planning began. They went forward to prepare a
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Replat of Weatherford Section Two because the cul-de-sac would not fit in Phase 3. He
stated that the original plans were to close the road off but a 1400' cul-de-sac would
require wider paving and a wider right-of-way. He then went over the two alternatives of
a cul-de-sac or an extended road.
Commissioner Viktorin stated that he liked the idea of the cul-de-sac.
Chairman Starr reminded the Commissioners that they are required to vote on what is on
the agenda. She then reminded the Commissioners that the Subdivision Ordinance calls
for streets to be connected.
Mr. Tumlinson added that he has been attending these meetings and the residents think
they have been mislead by the developer when they were actually mislead by the builder
about the detached garages.
Mr. Hargrove stated that he has other comments that need to be corrected and listed
them as:
1. The vicinity map needs to be corrected.
2. The word "court" needs to be changed if it's a through street.
Vice-Chairman Scott made a motion to approve the Preliminary Plat of Weatherford
Phase 3 with the requirements outlined by the City Engineer, and Commissioner Beltz
seconded the motion.
Motion to approve tied 3 to 3.
I. 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.
Cathy Mitchell of Jones and Carter, Inc. gave a brief description of the purpose of the
replat.
Commissioner locco made a motion to table the Replat of Weatherford Phase II due to
the action taken for Weatherford Phase 3, and Vice-Chairman Scott seconded the
motion.
Motion to table passed 6 to 0.
J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Villages of Edgewater
Estates Section 5, Phase 1, 33.596 acres out of the H.T.&B. R.R. Co. Survey, A-
309.
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Variance Request:
1. Use of a 20-foot front building line on cul-de-sac and thumbnail lots.
City Engineer Hargrove stated that note 17 calls for a 10-foot sideyard aggregate and
there was no letter of variance submitted. He then stated that the mark-up requested a
15-foot sideyard aggregate and this was not addressed.
Vice-Chairman Scott made a motion to table the Final Plat of Villages of Edgewater
Estates Section 5, Phase 1, and Commissioner Beltz seconded the motion.
Motion to table passed 6 to 0.
K. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake Commercial
Park Phase VII, a subdivision of 11.50 acres of land out of R.B. Lyle Survey,
Abstract No. 539, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval as presented with the
addition of the names of the two new members on the mylars.
Commissioner Beltz made a motion to approve the Final Plat of Commercial Park Phase
VII with the addition of the two new member's names, and Commissioner Viktorin
seconded the motion.
Motion to approve passed 6 to 0.
L. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Silverlake
Commercial Park Phase 8, a subdivision of 5.652 acres of land out of the R.B. Lyle
Survey, Abstract No. 539, Brazoria County, Texas.
City Engineer Hargrove stated that he had comments and listed them as:
1. Names of the new Commissioners need to be added.
2. 10' U.E. needs to be added to the back lot lines or they need to request a
variance.
3. Correct vicinity map on final plat.
4. They need to pick one benchmark for final.
Vice-Chairman Scott asked what is proposed south.
Cathy Mitchell of Jones and Carter, Inc. stated that south of the property will be another
addition to the apartments, and beyond south of the apartments will be detention. The
eastside is 5 acres and the owner does not have any plans for commercial work but she
doesn't have any other information on that property at this time.
Commissioner locco made a motion to approve the Preliminary plat of Silverlake
Commercial Park Phase 8, and Commissioner Selemon seconded the motion.
Motion to approve passed 6 to 0.
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M. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of South Hampton, a
subdivision of 40.000 acres located in the H.T.&B. R.R. Co. survey, Abstract 304,
Pearland, Texas.
City Engineer Hargrove stated that this is a difficult situation because there were two
questions on the mark-up that he requested adequate responses and did not receive. He
stated that first of all the grading plan for lots 24-47 of block 8 is not acceptable because
the lots will drain into Somersetshire Estates. He stated that the second comment is that
the developer needs to provide 20' for a street right-of-way, and the ditch must be on the
outside of the 20' right-of-way dedication.
Vice-Chairman Scott made a motion to deny the Preliminary Plat of South Hampton, and
Commissioner locco seconded the motion.
Motion to deny passed 6 to 0.
N. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Silverlake Tract P,
Being 10.8+/- acres of land containing 5.54 acres in two blocks. Out of the John W.
Maxey Survey, A-721, Brazoria County, Texas.
Variance Request:
1. Use of lot sizes greater than the required 30-foot width and 3,000 square
feet.
City Engineer Hargrove stated that the Developer has requested to have Silverlake Tract
P withdrawn from the agenda.
Per the developer's request Vice-Chairman Scott made a motion to deny the Preliminary
Plat of Silverlake Tract P, and Commissioner Beltz seconded the motion.
Motion to deny passed 6 to 0.
IV. ADJOURNMENT
The regular meeting adjourned at 8:50 P.M.
These minutes respectfully submitted by:
J: nifer Go .ales, 'lanni • : Zoning Secretary
Minutes approved as submitted and/or corrected on thisCi day of ,/,/,( 7/16/7i,1999.
St r Planning 8� ZoningChairperson
rY 9 P
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