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2000-02-07 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, FEBRUARY 7, 2000 IN THE SECOND FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at 6:31 P.M. with the following present: Chairperson Mary Starr Vice-Chairman Tommy L. Scott Commissioner Emil Beltz Commissioner Donald Glenn Commissioner Todd locco Commissioner Russ Selemon Commissioner Charles Viktorin Director of Community Development & Services Gene Tumlinson City Engineer John Hargrove P&Z Secretary Jennifer Gonzales II. APPROVAL OF MINUTES: Vice-Chairman Scott made a motion to approve the January 17, 2000 regular meeting minutes and the January 10, 2000 special meeting minutes, and Commissioner Glenn seconded the motion. Motion to approve passed 7 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 1 P.O. Box 218 Pearland, TX 77588 Commissioner Selemon asked if this was one of the applications pulled from the previous meeting, and Chairperson Starr replied that it was. Vice-Chairman Scott stated that he is curious about what the Commissioner's obligation would be as far as how the application was previously submitted, and Chairperson Starr responded that the request has had a public hearing as an M-1 (Light Industrial District). Commissioner locco stated that he has driven down Cullen Blvd and he has spotted 3.5 houses and 9.5 businesses, and a lot of grave sites. He stated that he said "1/2" because he could not figure out whether one property contained a house or business. He stated that he feels it is a "business like" area. Commissioner Selemon stated that if they leave it SD (Suburban Development District) they can continue their business. Commissioner locco explained to Mr. Selemon that the City can not permit or let the business expand until they are zoned properly. Commissioner locco made a motion to table Zoning Application No. 847 and go to agenda item E until Gene Tumlinson arrives, and Vice-Chairman Scott seconded the motion. Motion to move to agenda item E passed 7 to 0. E. 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 & 12.10 acres out of the T.D. Yocum Survey, A-399, & the A. C. H. & B. B. survey, A-147, Brazoria Co., TX, (Pearland Parkway between Mary's Creek & John Lizer) Owner: Robert D. & Jacquelyn S. Burgess 2704 Pine Cone Lane Pearland, TX 77581 Vice-Chairman Scott made a motion to forward Zoning Application No. 850 to City Council for approval, and Commissioner Glenn seconded the motion. 2 Motion to approve passed 7 to 0. Director of Community Development & Services Gene Tumlinson arrived. 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 Chairman Starr asked Director of Community Development & Services Gene Tumlinson to give a brief explanation about why this application is back on the agenda. Mr. Tumlinson stated that the property owner originally came in for M-2 (Heavy Industrial District) and they were denied. He stated that the property owner then applied for M-1 (Light Industrial District) and Planning and Zoning tabled this request on December 6, 2000 in hopes that the property owner would apply for a lesser zoning. On January 17, 2000 they were about to apply for a lesser zoning but they withdrew their requests and decided to go for the M-1 (Light Industrial District). He then stated that per legal counseling they have been requested to put them back on the agenda as the originally requested M-1 (Light Industrial District) and that is where they stand as of now. Commissioner Viktorin made a motion to forward Zoning Application No. 847 to City Council for approval and Commissioner Beltz seconded the motion. Motion to approve passed 7 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: 3 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 Vice-Chairman Scott made a motion to forward Zoning Application No. 852 to City Council for approval and Commissioner locco seconded the motion. Motion to approve passed 7 to 0. C. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 881 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. 881 Legal Description: A 10.0597 acre tract being Lot 3, of the Allison-Richey Gulf Coast Home Co. Subdivision of Section 10, H. T. & B. R.R. Co. survey, A-505, Brazoria Co., TX, the plat of said subdivision being recorded in Vol. 2, pg 23 of plat records of Brazoria Co., TX (13025 Stone Road) Owner: Marie Thomson 13025 Stone Road Pearland, Texas 77581 Commissioner locco stated that he also drove out to Stone Rd and he stated that there are 2 mobile homes and 4 businesses. Commissioner locco made a motion to forward Zoning Application No. 881 to City Council for approval and Commissioner Selemon seconded the motion. Commissioner Selemon stated that he feels this is a tougher call then the requests out on Cullen. He stated that he would rather the property stay SD (Suburban Development District) rather then changing to Commercial zoning because in the future the whole area will be Commercial. Director of Community Development & Services Tumlinson stated that the area is mixed use. 4 Commissioner locco stated that if they don't approve the request then the building will eventually look bad. Chairperson Starr called for a vote. Motion to approve passed 6 to 1. D. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 892 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. 892 Legal Description: A 2 acre tract out of a 5 acre tract out of Lot 1, Allison Richey Gulf Coast Home Co. subdivision of Section 19, H. T. & B.R.R. Co. survey, A-543, according to the map or plat thereof recorded in Vol. 2, pgs 23-24 of the plat records of Brazoria Co., TX (4322 W. Stone Road) Owner: Justin Brantley P.O. Box 583 Pearland, TX 77588-0583 Vice-Chairman Scott made a motion to forward Zoning Application No. 892 to City Council for approval and Commissioner locco seconded the motion. Motion to approve passed 7 to 0. F. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 840 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 Planned Unit Development (R4-PUD) on the following described property, to wit: 1. Zoning Application No. 840 Legal Description: Being 211.9140 acres in the W.D.C. Hall survey, A-23, Harris Co., TX, recorded under County Clerk's File No. T464162, Official Public Records of Real Property of Harris Co., TX (Bellavita @ Green Tee) Owners: Reed-West Investments, Ltd. 6302 Broadway St., Suite 250 Pearland, TX 77584 5 Agent: Renee West Vice-Chairman Scott made a motion to forward Zoning Application No. 840 to City Council for approval, and Commissioner Beltz seconded the motion. Commissioner Selemon asked when they will see a tree survey, and Director of Community Development & Services Gene Tumlinson replied that during the platting stages the Engineering Department and the Parks and Recreation Department will review the tree surveys. City Engineer Hargrove stated that they have had 3 preliminary plats come in and the Urban Forester has been out to review all the properties. Commissioner Selemon stated that he is not comfortable with this. City Engineer Hargrove stated that we follow the ordinance and there are no Class 1 or 2 trees. He then stated that if Mr. Selemon feels that strongly about this matter then he needs to meet with Deputy City Manager Alan Mueller, Parks and Recreation Director Ed Hersh, and himself to discuss these feelings. Chairperson Starr called for a vote. Motion to approve passed 6 to 1. G. CONSIDERATION & POSSIBLE ACTION — Final 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, Texas. City Engineer Hargrove stated that he has not received all the utility company approval letters, and staff recommends approval of the plat as submitted and he will withhold the City Attorney and the City Engineer's signatures until he receives all of the letters. Vice-Chairman Scott made a motion to approve the Final Plat of Home Depot U.S.A., and Commissioner locco seconded the motion. Motion to approve passed 6 to 0 (1 abstention). H. CONSIDERATION &POSSIBLE ACTION — Final Plat of Pine Hollow Section 2-B, being a subdivision of 19.0211 acres a partial replat of lots 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. VARIANCE REQUEST: 1. Use of a 20-foot building setback around cul-de-sac and Eyebrow. 6 City Engineer Hargrove stated that he would like to request that the words "drainage easement" be added to the text in Reserve °Fn. Vice-Chairman Scott made a motion to approve the Final Plat of Pine Hollow Section 2-B with the variance and the request made by the City Engineer, and Commissioner Glenn seconded the motion. Motion to approve passed 7 to 0. I. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of The Links at Green Tee, 4.900 acre tract out of W.D.C. Hall Survey Abstract No. 23, Pearland, Harris County, Texas. Commissioner locco asked if the street to the right is Country Club Drive and City Engineer Hargrove replied that it is. Mr. Hargrove then stated that there are a couple of references left blank will need to be filled in on the final plat, and a parkland fee of $4,550 (13 lots X $350), will need to be paid before the final plat is approved. Commissioner locco made a motion to approve the Preliminary Plat of The Links at Green Tee with staffs recommendations, and Commissioner Beltz seconded the motion. Commissioner Selemon stated that he would like to compliment the person who did the map and how they showed the trees. He then stated that somebody really appreciates pine trees. Motion to approve passed 7 to 0. J. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Gamer Estates Section 2, 2.000 acres out of tract 7 — 1/2 H.Masterson Subdivision, Vol. 28, Pg. 6, B.C.P.R. Subdivision of Section 5, H.T.&B. R.R. Co. Survey, A-237, Pearland, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval with a note that a fee of $700 in parkland fees will need to be paid before the final plat is approved. Commissioner Glenn made a motion to approve the Preliminary Plat of Garner Estates Section 2 with the City Engineer's comment, and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. K. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Alexander Landing Section 6, being a 6.0139 acre tract of land out of the Thomas J. 7 Green Survey Abstract — 198 in the City of Pearland, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval with the comment that parkland fees of $8,750.00 needs to be paid before final plat approval, and Landon Lane needs to be changed to Alexander Park Drive. Vice-Chairman Scott made a motion to approve the Preliminary Plat of Alexander Landing Section 6 with the comments outlined by the City Engineer, and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. L. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Crestwood Cove at Silverlake, a subdivision of 21.1197 acres of land out of the R.B. Lyle Survey, Abstract No. 539, 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 staff recommends approval with the following comments: 1. $14,350 in parkland fees need to be paid before final plat approval 2. Drainage plan notes need to include "City of Pearland" in note 3 3. Under note 5, "see detail this sheet" needs to be removed Commissioner Glenn made a motion to approve the Preliminary Plat of Crestwood Cove at Silverlake with the comments outlined by the City Engineer, and Commissioner Viktorin seconded the motion. Motion to approve passed 7 to 0. M. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Sunrise Lakes Section Three, 18.99 acres of land within the H.T.&B R.R. Co. Survey, Abstract 304 in the City of Pearland, Brazoria County, Texas. VARIANCE REQUEST: 1. Use of a 20foot building setback on lots fronting cul-de-sac and thumbnail lots. Vice-Chairman Scott stated that he is confused about the location. Steve Gardner of Ferro Saylors, Inc. presented a layout of the whole subdivision of Sunrise Lakes and explained which section they are looking at. 8 Commissioner locco asked if Hooks Rd is going to be constructed, and he asked what the zoning is. Director of Community Development and Services Gene Tumlinson stated that the whole project is zoned R-3. City Engineer Hargrove stated that he has comments and listed them as: 1 . Parks and Recreation would like to have a park in this area or fees of $24,850 according to the Parkland Dedication Ordinance. 2. Recordation information needs to be on final plat. 3. The final plat must include detention volume. Vice-Chairman Scott made a motion to approve the Preliminary Plat of Sunrise Lakes Section 3 with the comments outlined by the City Engineer, and Commissioner Viktorin seconded the motion. Motion to approve passed 7 to 0. N. REVIEW & POSSIBLE ACTION — 1999 Water and Sewer Impact Fee Study update. Senior Projects Manager Michael Ross stated that in 1987 a bill was passed that requires every city to have a water and sewer impact fee study done every three years. Mr. Ross then explained that the role of the Planning and Zoning Commission is to review the study and give any comments they might have and then make a recommendation to City Council. He then introduced Ron Bavarian of Walsh Engineering. Ron Bavarian gave a presentation and briefly went over the 1999 Water and Sewer Impact Fee Study that was given to the Commissioners. He stated that this is the fourth study he has done since 1990. He briefly went over page 3, which explained the City's land area. He stated that the City contains almost 40 square miles and Shadow Creek Ranch contains 5.41 of those square miles. He then stated that in 1996 the square mileage was 24 square miles, and in 1993 it was 19.7 which means from 1993 — 1999 the square mileage of the City has doubled. He pointed out that on page 4 is Table 1, which gives a breakdown of the Land Use as of June 1999. He briefly went over the population chart. He went over Table 4 which consisted of construction trends, Table 7 which consists of Water Demands and Capacities, and Table 9 which consists of the Wastewater Treatment Demand, which he stated that we will be up to 7.6 MGD before we get to the New Year, which means we are ahead. He then went over Table 15, which breaks down the Impact Fee Calculations and he explained that there are 19 projects under the Water Impact Section and 17 projects under the Wastewater Impact Section. He briefly went over the proposed increase for the Impact Fees. He explained that the proposed water impact fees is $1403.00 and 9 the proposed sewer impact fees is $2060.00, therefore the total of $1997.00 could actually increase to $3463.00. He briefly went over the attachment, which consisted of the projections for Shadow Creek Ranch. He stated that Table 1 consists of the projected service units for the future, and Table 2 is the Impact fee calculation schedule. Director of Community Development and Services Gene Tumlinson handed out the current impact fee table that the permit department uses to figure impact fees, and he stated that the in the future the chart will be amended. Vice-Chairman Scott made a recommendation to forward the 1999 Water and Sewer Impact Fee Study to City Council for approval, and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. IV. NEXT MEETING DATE: February 14, 2000 (JPH meeting) February 21, 2000 (Regular Meeting) February 22, 2000 (Joint Workshop with City Council) V. ADJOURNMENT The meeting adjourned at 8:15. These minutes respectfully submitted by: c i(Lf k it' ) .' ' Je fifer Gon a es, P anning` Zoning Secretary Minutes approved as submitted and/or corrected on this day of fle to t', 2000. 2/1411 / /tfeili1/4___ M St r, Planning & Zoning Chairperson 10