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2000-08-07 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION s"- OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 7, 2000, AT 6:30 P.M. IN THE SECOND FLOOR CONFERENCE ROOM OF THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER Chairperson Mary Starr Commissioner Emil Beltz Commissioner Donald Glenn Commissioner Todd Iocco Commissioner Charles Viktorin Director of Community Development and Services Gene Tumlinson City Engineer John Hargrove P & Z Secretary Jennifer Gonzales Commissioner Russ Selemon was absent. II. APPROVAL OF MINUTES: Commissioner Emil Beltz made a motion to approve both the June 19, 2000 and July 17, 2000 minutes, and Commissioner Donald Glenn seconded the motion. 40. Motion to approve passed 5 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 934 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Heavy Industrial District (M-2) on the following described property, to wit: 1. Zoning Application No. 934 Legal Description: 9.469 acres of land situated in the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 15, H.T.&B. R.R. Co. Survey, A-241, Brazoria County, TX (6614 Broadway Street) Owner: Orlen W. & Michael P. O'Day P.O. Box 149 Pearland, TX 77588 1 Commissioner Beltz asked if there was ever any discussion with the owners about applying for any other zoning other then M-2, and Director of Community Development and Services Tumlinson stated that no other zoning would fit the needs for continuing their business Commissioner Beltz then reminded the Commissioners that at the Joint Public Hearing there was very little opposition Commissioner Glenn made a motion to forward Zoning Application No. 934 to City Council for approval, and Commissioner Viktorin seconded the motion. Commissioner locco stated that he is concerned that if they allow the M-2 zoning and the land ends up going to a different owner, is M-2 really the best zoning due to the location of the property being in the middle of town. Commissioner Viktorin stated that he finds it tough to deny the request based on what could happen in the future when they need the zoning for the present use. Motion to approve passed 4 to 1. Commissioner Viktorin stated that he needed to excuse himself from the meeting. B. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE NO. 89 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City form classification Suburban Development District (SD) to Suburban Development District-Specific Use (SD-S) for a Specific Use for a school on the following described property to wit: (Current Suburban Development zoning would allow for agricultural use) 1. Specific Use No. 89 Legal Description: 79.5168 acres being all of lot 17, Section 12, H.T. & B. R.R. co. survey, A-508, Brazoria County, TX (McLean Road) Owner: Pearland Independent School District 2337 Galveston Road Pearland, TX 77581 Agent: Kenneth R. Black of Cobourn Linseisen & Ratcliff, Inc. Commissioner locco made a motion to forward Specific Use Application No 89 to City Council for approval, and Commissioner Beltz seconded the motion. Motion to approve passed 4 to 0. 2 C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Sunrise Lakes Section Four, a subdivision of 34.94 acres of land being a partial replat of Allison Richey Gulf Coast Home Company Subdivision Section Twenty (Being part of lots 11, 12, 13, 26 & All of lot 27) out of the H.T.&B. R/R Co. Survey, Abstract 506, City of Pearland, Brazoria County, Texas. City Engineer Hargrove stated that he has a question from the developer. Amvest Properties, Inc. and asked if they have had a Traffic Impact Analysis prepared for the corner of their main boulevard and FM 518. He then asked if they ever even received the message that City Council does want an analysis prepared, or a schedule of when it will be done. Geoffrey Freeman of Brown and Gay Engineers, Inc. stated that it will still be a couple of weeks, but it will be before the final plat submittal. City Engineer Hargrove stated that he wants it to go on record that a Traffic Impact Analysis will need to be submitted before final plat approval. City Engineer Hargrove stated that they would also need a letter constituting when a tree survey will be submitted. Ken Caffey of Amvest Properties stated that Janell Jones has done a walk through. ,P- City Engineer Hargrove stated for the record that Janell Jones is no longer the urban forester. He then stated that we have been using the preliminary plat for the trigger point for getting in the tree surveys. He then stated that he knows that the land is mostly treeless, and in the past he has been allowing a letter stating that there are no class 1 or 2 trees. Mr. Caffey of Amvest properties handed Mr. Hargrove a hand written letter to put in the file and Mr. Hargrove withdrew the request for the letter. Commissioner Beltz asked if it would be acceptable to accept a hand written letter in place of a tree survey, and Mr. Hargrove replied that he would have Greg Reynolds, the present urban forester, follow up on the letter. He then stated that the letter itself is not enough evidence. Chairperson Starr stated that after meeting with City Attorney Darrin Coker she has learned that the only time Planning and Zoning should have anything to do with the Tree Ordinance is when or if it is being appealed. Commissioner locco asked if the Permit/Planning department could come up with a form that the urban forester can sign for each subdivision. He then stated that staff needs to come up with a uniformed way to enforce the tree ordinance. r 3 City Engineer Hargrove stated that he would like to have the urban forester go out to every site. He then stated that he has another comment that is the final issue, and stated that he does recommend approval with the condition that some of the corner lots on the plat are not big enough for the homes that are being built in the subdivision. He then referred to the section of the ordinance that requires all residential lots to have 20- @t uil ing lines on corner lots_ City Engineer Hargrove stated that the building lines do not need to be on the plat however, Tobin Maples, Manager of Administrative Support, likes to see the building lines because it is easier for him to review the plat. Commissioner Glenn made a motion to approve the Preliminary Plat of Sunrise Lakes Section 3 with the recommendations by the City Engineer to have a Traffic Impact Analysis turned in before final plat approval and to reconsider the configurations of the corner lots. Commissioner locco seconded the motion. Motion to approve passed 4 to 0. D. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of K & G Retail Center Phase 2, City of Pearland, Brazoria County, Texas, being 1.098 acres of land out of lot 23 of the Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section 8, H.T. & B. R.R. Co. Survey, Abstract 504, Brazoria County, Texas according to the map or plat thereof recorded in ,ob- volume 2, page 23 of the plat records of Brazoria County, Texas. City Engineer Hargrove stated that staff recommended approval providing that: 1 . The surveyor signs the plat. 2. Note 5 be changed from "Commercial" to "General Business". 3. Note 6 be added that 6' sidewalk along Broadway are required at the time of development. 4. Remove Tommy Scott's name. Mr. Hargrove then stated that the plat can be signed tonight, however, he will not give any copies until the changes have been made on the mylar. Commissioner locco made a motion to approve the Preliminary Plat of K & G Retail Center Phase 2 with the comments outlined by the City Engineer, and Commissioner Glenn seconded the motion. Motion to approve passed 4 to 0. E. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Elliott Partners, Ltd. Subdivision, being a subdivision containing 1.2500 acres located in the H.T.&B. R.R. Co Survey, A-242, City of Pearland, Brazoria County, Texas. 4 City Engineer Hargrove stated that staff recommends approval as submitted with the comment that we will withhold a copy of the plat until a tree survey is submitted. Commissioner locco made a motion to approve the Preliminary Plat of Elliott Partners, Ltd. with staff's recommendation. and Commissioner Beltz seconded the motion. Motion to approve passed 4 to 0. • F. CONSIDERATION & POSSIBLE ACTION — Final Plat of Winding Creek Estates, a tract or parcel of land containing 9.79099 acres being a replat of a portion of lots 16, 18, 19 and 20, O.W. Willits Subdivision in the W.D.C. Hall League, Abstract No. 70, City of Pearland, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval as submitted. Commissioner Glenn made a motion to approve the Final Plat of Winding Creek Estates, and Commissioner locco seconded the motion. Motion to approve passed 4 to 0. IV. NEXT MEETING DATES: August 14, 2000 (Joint Public Hearing) August 21, 2000 (Regular Meeting) V. ADJOURNMENT The meeting adjourned at 7:20 P.M. These minutes respectfully submitted by: Jennifer Gonzales, Planning & Zoning Secretary • ti., j , Minutes approved as submitted and/or corrected on thisday of ' ` , 2000. Erey t rr tanninS g & Zoning Chairperson 5