1999-12-06 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, DECEMBER 6, 1999 AT 6:30 P.M. IN THE
COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 6:32 P.M. with the following present:
Chairperson Mary Starr
Vice-Chairperson Tommy L. Scott
Commissioner Emil Beltz
Commissioner Donald Glenn
Commissioner Todd locco
City Engineer John Hargrove
Director of Planning &
Community Services Gene Tumlinson
P & Z Secretary Jennifer Gonzales
Commissioner Charles Viktorin arrived at 6:52 P.M. and Commissioner Russ Selemon
was absent.
II. APPROVAL OF MINUTES
Vice-Chairman Scott made a motion to approve the November 1, 1999 Public Hearing
minutes and Commissioner locco seconded the motion.
Motion to approve passed 5 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 847
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:
1. Zoning Application No. 847
Legal Description: The South 1/2 of Lot 7, Allison Richey Gulf Coast Home Co.
Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243,
Brazoria Co., TX, according to the map of record in Vol. 2, pg 23,
plat records of Brazoria Co., TX (1027 Cullen Boulevard)
Owner: M. R. Alford
P.O. Box 218
Pearland, TX 77588
Commissioner locco made a motion to forward zoning application no. 847 to City Council
for approval, and Commissioner Glenn seconded the motion.
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Commissioner locco asked if there has been any other industrial zoning on Cullen that
has been approved, and he stated that his concern is "consistency".
Commissioner Beltz stated that there are no M-1's out there.
Commissioner Glenn asked if they can expand their business right now, and Mr.
Tumlinson explained that they have been grand-fathered in and they cannot expand their
business because they cannot be issued any building permits until they are zoned
properly.
Commissioner locco then stated that he is not concerned about what is there now, he is
concerned about what will go there in the future.
Mr. Tumlinson stated that he believes the owner is thinking that his business is more
industrial more than commercial.
• Discussion ensued between the Commissioners regarding the owner applying for
Commercial zoning with a specific use, but the owner was not present to decide if he
would like to do change the request.
Commissioner locco withdrew his first motion and made a recommendation to table
zoning application no. 847, and Commissioner Beltz.seconded the motion.
Motion to table passed 5 to 0.
B. CONSIDERATION & POSSIBLE ACTION - ZONING APPLICATION NO. 852
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:
1. Zoning Application No. 852
Legal Description: Being 8.842 acres in the H. T. & B. R.R. Co. survey, A-243, Section
19, Allison Richey Gulf Coast Home Co. subdivision, Vol. 2, pg 23,
Brazoria Co. map records (1115 Cullen Boulevard)
Owner: Paul Brent Durrett
6120 Brookside Road
Pearland, TX 77581
Chairperson Starr stated that this is also on Cullen Drive.
Director of Planning and Community Services Gene Tumlinson stated that this is on the
corner of CR 403 and Cullen Drive and there is currently two businesses on the property.
The Commissioners again discussed the owner applying for Commercial zoning with a
specific use and the owner was not present for discussion.
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Commissioner locco made a recommendation to table zoning application no. 852, and
Commissioner Beltz seconded the motion.
Motion to table passed 5 to 0.
C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 848 AND
SPECIFIC USE NO. 74
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-Specific Use (GB-S) for cabinet shop on the following described
property, to wit:
1. Zoning Application No. 848 & Specific Use No. 74
Legal Description: Tract I- 1 acre out of Lot 8; Tract II- 1 .36 acres out of Lot 8; Tract III-
1.0001 acre tract out of Lot 9, all out of the NE 1/4 of the SW 1/4,
Section 14, H. T. & B. R.R. Co. survey, A-509, Brazoria Co., TX
(5713 Cottonwood)
Owner: Follett Veneers, Inc.
5713 Cottonwood
Pearland, TX 77584
Commissioner Beltz stated that there was no opposition.
Commissioner locco made a motion to forward zoning application no. 848 and specific
use no. 74 to City Council for approval, and Vice-Chairman Scott seconded the motion.
Motion to approve passed 5 to 0.
D. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 850
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development-Business District (SD-
B) to General Business District (GB) on the following described property, to wit:
1. Zoning Application No. 850
Legal Description: Being 7.60 acres and 13.10 acres out of the T.D. Yocum Survey, A-
399, and the A.C.H. & B. survey, A-147, Brazoria Co., TX (Pearland
Parkway between Mary's Creek and John Lizer)
Owners: Robert D & Jacquelyn Burgess
2704 Pine Cone Lane
Pearland, TX 77581
Zoning Application no. 850 was terminated at the Public Hearing on November 22, 1999.
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E. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 846
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-4) on the following described property, to wit:
1. Zoning Application No. 846
Legal Description: A 5 acre tract being the North 1/2 of Lot 45, Allison Richey Gulf Coast
Home Co. Subdivision, Section 85, H. T. & B. R.R. Co. survey, A-
304, Brazoria Co., TX, according to map or plat recorded in Vol. 2,
pg 107, Brazoria Co., TX (Miller Ranch Road)
Owner: Steven C. Muth
8339 Dover
Houston, TX 77061
Vice-Chairman Scott made a motion to forward zoning application no. 846 to City Council
for denial, and Commissioner locco seconded the motion.
Vice-Chairman Scott stated that there is no purpose for.an R-4 subdivision in the middle
of nothing but R-1's and R-3's.
Motion to deny passed 5 to 0.
F. CONSIDERATON & POSSIBLE ACTION —ZONING APPLICATION NO. 849
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. 849
Legal Description: 1 .25 acres situated in Lot 57, Allison Richey Gulf Coast Home Co.
Suburban, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria
Co., TX according to the plat records in Vol. 2, pgs 23-24, plat
records of Brazoria Co., TX (14015 CR 556 (Gardens))
Owner: Gregory R. Moore & Susan C. Dieterich
14015 CR 556
Pearland, TX 77581
Commissioner Glenn made a motion to forward zoning application no. 849 to City Council
for approval, and Commissioner Beltz seconded the motion.
Motion to approve passed 5 to 0.
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G. 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 re-submittal and staff recommends
approval with two comments for the final plat:
1. The developer is responsible for 1/2 of the fees for the construction of Hooks
Road.
2. They need to pay special attention to the grading and drainage plan for the
south row of lots.
Vice-Chairman Scott made a motion to approve the Preliminary Plat of South
Hampton with the comments made by the City Engineer for the final plat, and
Commissioner locco seconded the motion.
Motion to approve passed 5 to 0.
H. 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.
Variance Request:
1. Use of a 20-foot front building line on cul-de-sac and thumbnail lots
City Engineer Hargrove stated that this plat was tabled because there was no
variance letter for use of a 10 foot sideyard setback which was noted in note 17,
and the developer has removed note 17 so there is no letter needed.
Vice-Chairman Scott made a motion to approve the Final Plat of Villages of
Edgewater Estates Section 5, Phase 1, and Commissioner Beltz seconded the
motion.
Motion to approve passed 6 to 0.
CONSIDERATON & POSSIBLE ACTION — Final Plat of Sunrise Lakes Section
Two, a subdividision of 31.0800 acres of land within the H.T.&B. Railroad
Company Survey, Abstract 304 in Pearland, Brazoria County, Texas.
Variance Request:
1. Use of a 20-foot front building line on cul-de-sac and thumbnail lots.
Commissioner locco asked if this land is presently clear, and City Engineer
Hargrove answered that it is clear.
City Engineer Hargrove then stated that Sunflower Court needs to be changed,
and staff recommends approval. He then added that he would like the letter he
received to be clarified. He stated that the developer must provide 1/2 of the cost of
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the building of Hooks Road North and all of the cost between Sections One and
Two.
Vice-Chairman Scott made a motion to approve the Final Plat of Sunrise Lakes
Section Two with the variances and the comment by the City Engineer to change
Sunflower Court, and Commissioner locco seconded the motion.
Motion to approve passed 6 to 0.
J. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of The Lakes at
Countryplace Section Eight, Brazoria County, Texas, being 34.8740 acres of
land located in the F.B. Drake Survey, Abstract No. 510 (S. 1/2 Sec. 2) and in
the J. Crawley Survey, Abstract No. 174.
Variance Request:
1. Use of a 20-foot front building line on front access garages.
2. Use of a 15 foot building line on houses with garages that do not face
the street right-of-way.
3. Use of a 10-foot side setback between houses.
City Engineer Hargrove stated that staff recommends approval with the following
changes:
1 . Pipeline waiver statement is required on the final plat.
2. Brazoria County Clerk's file number for external easements is required on
the final plat.
3. TBM elevation is required on the final plat.
4. Pavement width on N. Elder Grove must be 36 foot back to back.
5. The street name "Shadow Lakes Court" needs to be changed.
6. A deposit for McHard Road is required for the final plat.
Mr. Hargrove explained that the street is over the 600' minimum and he did not
see a variance for the use of a greater length than 600' on the agenda.
Steve Gardner of Ferro Saylors stated that all of The Lakes at Country Place has
been built out with the exception of this section. Mr. Gardner shows a map and
states his argument that he feels the area Mr. Hargrove is requesting a variance
for is a loop rather than a cul-de-sac.
Mr. Hargrove states that he understands the argument however he feels this is a
situation where everything that goes in has to go out. He then stated they may go
ahead with the plat but as far as his role is concerned he needs to the width to be
36 feet back to back.
Mr. Gardner argues that traffic is limited in these sections.
Mr. Hargrove stated that he is following City Council's direction and that's the
conditions for plat approvals.
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Vice-Chairman Scott questioned whether this plat needs to be tabled.
Commissioner Viktorin made a motion to approve the Preliminary Plat of The
Lakes at Country Place Section 8 with the variances and the comments outlined
by the City Engineer, and Commissioner Beltz seconded the motion.
Motion to approve passed 5 to 1.
K. CONSIDERATION & POSSIBLE ACTION — Final Plat of Willow Lake Estates
Section Two, 17.0570 acres out of lots 1 and 2 Narregang's Subdivision (Vol.
01, Pg. 92, B.C.D.R.) and being in the W.D.C. Willits Subdivision (Vol. 03, Pg.
65, B.C.D.R.) and being in the W.D.C. Hall League, Abstract No. 70, Pearland,
Texas.
Variance Request:
1. Use of a cul-de-sac length of greater than 600 feet on Stonecrest
Court.
City Engineer Hargrove stated that staff recommends approval as presented.
Vice-Chairman Scott made a motion to approve the Final Plat of Willow Lake
Estates Section Two with the variance, and Commissioner Viktorin seconded the
motion.
Motion to approve passed 6 to 0.
L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Richter Oaks, a
subdivision of 19.9368 acres being lot 8 of the H. Masterson Subdivision of
Section 5, H.T.&B. R.R. Co. Survey, Abstract 237, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
corrections:
1. The proposed 15-foot drainage easements across the pipeline must be
relocated away from the pipeline.
2. Note 11 must be added: "No building permits will be issued for lots not
providing detention and outfall needs."
Commissioner locco made a motion to approve the Final Plat of Richter Oaks with
the two corrections outlined by the City Engineer, and Commissioner Glenn
seconded the motion.
Motion to approve passed 6 to 0.
M. CONSIDERATION & POSSIBLE ACTION — Final Plat of Sawyer's Pond, being
a subdivision containing 9.711 acres out of lot 44 of the Allison Richey Gulf
Coast Home Company Subdivision of Section 6, H.T.&B. R.R. Co. Survey
(R.B. Lyle Survey), Abstract 544, Brazoria County, Texas.
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City Engineer Hargrove stated that staff recommends approval as presented with
a note that the plans and specifications will need to be approved before he and the
City Attorney will sign the plat.
Commissioner Glenn made a motion to approve the Final Plat of Sawyer's Pond,
and Commissioner Beltz seconded the motion.
Motion to approve passed 6 to 0.
N. CONSIDERATION & POSSIBLE ACTION — Final Plat of Park Village Estates
Section One, a subdivision plat of 21.45 acres of land out of H.T.& B. R.R.
Co. Survey, A-509, City of Pearland, Brazoria County, Texas.
Variance Request:
1. Use of a 20-foot front building line setback on the cul-de-sacs.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1. They need to have the city limits on the vicinity map.
2. The 8-foot utility easement recordation notes have to be clarified and he
explained that if you look below the drawing you will see where it reads
"Donmar Development..." and next to that you will see an 8' utility
easement with a blank line.
3. The water and sewer easement shown on the west side of Mustang Rd
needs to be removed.
4. The spelling of Commissioner Viktorin's name needs to be corrected.
Vice-Chairman Scott made a motion to approve the Final Plat of Park Village
Estates Section One with the variance, and Commissioner Viktorin seconded the
motion.
Motion to approve passed 6 to 0.
O. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Waterbury
Estates Section 2, Phase 1 at Silverlake, a subdivision of 26.4007 acres of
land out of the R.B. Lyle Survey, Abstract No. 539, Brazoria County, Texas.
Variance Request:
1. Use of 20-foot front building line setbacks on lots fronting the bulb
portion of cul-de-sacs.
2. Use of 5-foot side lot building line setbacks.
City Engineer Hargrove stated that staff recommends approval as presented with
one comment that the TBM needs to be on the final plat.
Commissioner Viktorin made a motion to approve the Preliminary Plat of
Waterbury Estates Section 2, Phase 1 at Silverlake with the variances and one
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Commissioner locco made a comment that they still have not seen any
documentation on the allowance for a 5-foot sideyard setback.
Motion to approve passed 4 to 2.
P. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Fieldstone
Village Section 2 at Silverlake, a subdivision of 33.8452 acres of land out of
the A.C.H. B. Survey, Abstract No. 415, Brazoria County, Texas.
Variance Request:
1. Use of 20-foot front building line setbacks on lots fronting the bulb
portion of cul-de-sacs.
2. Use of 5-foot side lot building line setbacks.
3. Use of cul-de-sacs greater than 600 feet length.
4. Use of 28-foot wide pavement on a long cul-de-sac.
City Engineer stated that this is one that requires commitments for the construction
of County Road 90.
Cathy Mitchell of Jones and Carter, Inc. stated that CR 90 has been done with
Section One, and all of South Fork will be built with Section 3.
City Engineer Hargrove then stated that the Fire Marshall has made a comment
for a second access. Mr. Hargrove then asked when the plans for Section 3 will
be submitted, and owner, Tom Wilcox replied that hopefully in May they will be
turned in.
Cathy Mitchell then explained that to the east is Section One and there is a
boulevard entry and Mr. Hargrove stated that between section one and two there
is only one entry.
Mr. Hargrove then stated that he is not sure how to fix it but the north end of
Bachelor drive is unacceptable and Cathy Mitchell states that on the plans there is
median.
City Engineer Hargrove stated that he will just wait and see what the final plat
looks like, and he withdrew the comment regarding the north end of bachelor
drive.
Commissioner Glenn questioned the 28-feet on the cross section.
City Engineer Hargrove replies that Item 4 does tie into cul-de-sac variance
request. He explained that the total 60-foot width will have to be 36 feet back to
back. He stated that you couldn't request a variance to this because it is
instructions from City Council. He explained that any cul-de-sac over 600 feet will
require wider paving. He stated that the construction drawings will be looked at
with that instruction.
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Commissioner Glenn made a motion to approve the Preliminary Plat of Fieldstone
Village Section Two with the variances and the 28-foot cross section looked over
in the construction plans, and Commissioner Beltz seconded the motion.
Motion to approve passed 6 to 0.
Q. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Summerfield
Section 1 at Silverlake, a subdivision of 23.0546 acres of land out of the R.B.
Lyle Survey, Abstract No. 539, Brazoria County, Texas.
Variance Request:
1. Use of 20-foot front building line setbacks on lots fronting the bulb
portion of cul-de-sacs.
2. Use of 5-foot side lot building line setbacks.
3. Use of cul-de-sacs greater than 600 feet length.
4. Use of an 11-foot back lot utility easement.
Cathy Mitchell explained that this is the plat that was a through street. She then
explained that now it is a long cul-de-sac. She then stated that they are taking a
little off the back lots and that's noted in variance request number 4.
City Engineer Hargrove stated that staff recommends approval with a note to have
36' back to back pavement.
Commissioner Beltz made a motion to approve the Preliminary Plat of
Summerfield Section 1 at Silverlake with the variances, and Commissioner Viktorin
seconded the motion.
Motion to approve passed 5 to 1.
R. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Tract DD at
Silverlake, a subdivision of 35.0361 acres of land out of the J.W. Maxey
Survey, A-721, G.C. Smith Survey, A-548, R.B. Lyle Survey, A-539, and the
A.C.H.&B. Survey, A-415, Brazoria County, Texas.
Variance Request:
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.
City Engineer Hargrove stated that there is a request for South Fork Drive to be
constructed between Winfield and County Road 90, and Cathy Mitchell of Jones
and Carter, Inc. stated that it already is.
Mr. Hargrove then listed other comments as:
1 . There is an extra street light at block 1 , lots 1 & 2 that needs to be removed,
therefore the total street lights will be 17 and not 18.
2. There needs to be a vicinity map on sheet 2.
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Mr. Hargrove then stated that he strongly suggests that preliminary plats are put
on one sheet.
Cathy Mitchell replied that they could not fit all the meets and bounds description
on one sheet.
Commissioner Glenn made a motion to approve the Preliminary Plat of Tract DD
at Silverlake with the variances, and Commissioner Beltz seconded the motion.
Motion to approve passed 4 to 2.
S. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Home Depot
U.S.A., Inc. Subdivision, being a subdivision of 14.654 acres of land out of
the W.D.C. Hall Survey Abstract number 70, City of Pearland, Brazoria
County, Texas.
City Engineer Hargrove stated that staff recommends approval with comments for
the final:
1 . Add note for a 20-foot right-of-way dedication next to Dixie Farm Road.
2. Add signature line under the pipeline statement.
Vice-Chairman Scott made a motion to approve the Preliminary Plat of Home
Depot U.S.A., Inc. and Commissioner locco seconded the motion.
Motion to approve passed 6 to 0.
T. CONSIDERATION & POSSIBLE ACTION — Request for building permit
application for 4322 Brookside Road by owner, Justin Brantley.
Director of Planning and Community Services Gene Tumlinson stated that this is
one of the applications where the owner has "jumped the gun" and started
remodeling with out proper zoning and the Commissioners will need to make a
recommendation to City Council whether or not to approve the application.
Chairman Starr asked if the Zone Change Application has been processed, and
Mr. Tumlinson replied that it is in the works and the Commissioners will see it in
January of 2000.
Commissioner locco asked how staff feels, and Mr. Tumlinson replied that they
are comfortable with the request.
Commissioner locco made a recommendation to forward the building permit
application to City Council for approval and Commissioner Beltz seconded the
motion.
Motion to approve passed 6 to 0.
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U. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Turbocare,
being 23.69 acres of land in the F.B.Drake Survey, Abstract 1181, City of
Pearland, Harris County, Texas.
Variance Requests:
1. Request of variance for street lights.
2. Request of variance from required utility easements.
3. Request of variance from sidewalk requirements.
City Engineer Hargrove stated that he has comments and listed them as:
1 . They need an official benchmark.
2. The 20' drainage easement needs to be demonstrated adequately.
3. "Preliminary Plat" needs to be added to title block.
4. 10' utility easement needs to be 10 water and sewer easements.
He then stated that he has comments on the utility easements but the developer
does send out letters requesting their approval so he will wait to see what happens
with them. He then stated that he will approve the lack of utility easements if the
utility companies do with the exception of the 10' utility easement that needs to be
a water and sewer easement.
Vice-Chairman Scott shows concerns for the sidewalks and stated that this is a
new major highway and he does not like the idea about sidewalks.
Mr. Hargrove then stated that all sidewalks have to be started at some time, and
there are existing sidewalks next to thoroughfares. He then stated that this
sidewalk requirement is in the subdivision ordinance and no where else.
Vice-Chairman Scott made a motion to approve the Preliminary Plat of TurboCare,
and Commissioner locco seconded the motion.
Mr. Hargrove stated that Commissioner Viktorin and Commissioner Beltz's name
needs to be changed.
Motion to approve passed 6 to 0.
IV. ADJOURNMENT
The meeting adjourned at 8:00 a.m.
T�iese minutes respgc uIly submitte by:
.\ , L
Je ifer G ales, anning ,& oning Secretary
ODD.
Minutes approved as submitted and/or corrected on this 3 day of 4fri A. 4-999-.-
y
993-y St., tanning & Zoning Chairperson
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