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2000-02-21 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 21, 2000 AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER: The meeting was called to order at 6:35 P.M. with the following present: Chairperson Mary Starr Vice-Chairman Tommy L. Scott Commissioner Emil A. Beltz Commissioner Donald Glenn Commissioner Todd locco Commissioner Russ Selemon Commissioner Charles Viktorin Director of Community Development and Services Gene Tumlinson City Engineer John Hargrove P & Z Secretary Jennifer Gonzales II. APPROVAL OF MINUTES: Commissioner Viktorin made a motion to approve the February 6, 2000 minutes, and Commissioner locco seconded the motion. Motion to approve passed 7 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 864 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. 864 Legal Description: Lot 3 of the Partition of the East 1/2 of the Northwest 1/4 of Section 15 of H. T. & B. R.R. Co. survey, A-241 of Brazoria Co., TX according to the map or record in Vol. 441, pg 265 of the deed records of Brazoria Co., TX (5518 Broadway) Owner: Bob G. York 5518 Broadway Pearland, TX 77581 1 Agent: E. Mauris Hardcastle Vice-Chairman Scott made a motion to forward Zoning Application No. 864 to City Council for approval, and Commissioner locco seconded the motion. Motion to approve passed 7 to 0. B. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 898, 899, 900, 901, and 902. 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. 898 Legal Description: 10.00 acres of land situated in the Southwest 1/4 of the Northwest 1/4 of Section 17, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (2411 CR 89) Owner: Earl M. Onitsuka P.O. Box 1461 Pearland, TX 77588 2. Zoning Application No. 899 Legal Description: 2.5 acres of land out of a 40 acre tract of land in the Southwest 1/4 of the Northwest 1/4 of Section 17, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (8017 Fite Road) Owner: Gerald W. Olson P.O. box 1087 Manvel, TX 77578 3. Zoning Application No. 900 Legal Description: Lot 1A-6, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (8101 Fite Road) Owner: Barker & Bucek 8101 Fite Road Pearland, TX 77584 4. Zoning Application No. 901 2 Legal Description: Lot 1A, H. T. & B. R. R. Co. survey, A-242, Parcel No. 42, Brazoria Co., TX (Fite Road) Owner: Blaine F. Barker II ABA Barker Development Co. P.O. Box 24 Manvel, TX 77589 5. Zoning Application No. 902 Legal Description: Tract 1A-3, out of a 40 acre tract of land, known as the Southwest 1/4 of the Northwest 1/4 of Section 17, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (8001 Fite Road) Owner: Earl M. Onitsuka P.O. Box 1461 Pearland, TX 77588 Director of Community Development and Services Gene Tumlinson stated that four of the areas are on Fite Rd and one area is around the corner but it does back up to the other four properties. Commissioner locco made a motion to exclude Zoning Application Nos. 898 and 902 from the group of applications, which contain existing businesses and Vice-Chairman Scott seconded the motion. Motion to exclude application nos. 898 and 902 passed 7 to 0. Commissioner locco made a motion to forward Zoning Application Nos. 899, 901 , and 902 to City Council for approval, and Commissioner Glenn seconded the motion. Motion to approve application nos. 899, 901 and 902 passed 7 to 0. Vice-Chairman Scott asked what is on the properties of Zoning Application Nos. 898 and 902. Mr. Tumlinson stated that if you drive down Fite Road, the first property is a warehouse, the second property is a boat storage yard, and the following two properties are owned by the same owner. He then stated that one of the properties contains a warehouse and it's close to Fite, while the other is further back and they are both tied together into the next acreage and it does give the appearance that it is vacant. Vice-Chairman Scott asked if the owner of Zoning Application Nos. 898 and 902 plans to expand his business and Mr. Tumlinson replied that possibly in the future the owner will, but as of this time he has not heard anything about expansion. Commissioner locco stated his concern for approving Commercial zoning on 10 acres of land. He then stated that the area is mostly residential and he does not feel comfortable with allowing this request. 3 Commissioner Selemon argued that there is also Commercial zoning in that area. Commissioner locco made a motion to forward Zoning Application No. 902 to City Council for approval since there is an existing business and Commissioner Selemon seconded the motion. Commissioner Beltz asked if there is an existing business, and Mr. Tumlinson replied that there is a warehouse that sits to the rear of the property. Motion to approve application no. 902 passed 7 to 0. Commissioner locco made a motion to forward Zoning Application No. 898 to City Council for denial. There was no second. Commissioner Glenn made a motion to forward Zoning Application No. 898 to City Council for approval, and Vice-Chairman Scott seconded the motion. Commissioner Selemon asked Commissioner locco if he would be in favor of the request if it were only five acres, and Commissioner locco answered that it does not matter because that is not the question and he stated that he is just one person with an opinion. Chairperson called for a vote. Motion to approve application no. 898 passed 4 to 1 (2 abstentions). C. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 885 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R1) to Single Family Dwelling District Planned Unit Development (R2-PUD) on the following described property, to wit: 1. Zoning Application No. 885 Legal Description: Being a 120.417 acre tract in the W.D.C. Hall League, A-70 & parts of Lots 13-24, S.W. Narregang subdivision, Vol. 1, pg 92 & also Lots 1 & 2, George W. Jenkins subdivision, Vol. 79, pg 616, Brazoria Co. map records (Oakbrook Estates) Owner: Oakbrook Estates Ltd 7676 Woodway, Suite 238 Houston, TX 4 Agent: Ken Caffey Commissioner locco made a motion forward Zoning Application No. 885 to City Council for approval, and Commissioner Glenn seconded the motion. Commissioner Selemon asked if the developer resolved the park situation. Ken Caffey stated that they have already made the changes and they have brought the road down to where the parks department wants. He then asked if P & Z would approve the request subject to the Parks and Recreation approval. Commissioner Glenn asked about the road, and Mr. Caffey explained that they are extending the road down into the park area where they had a tear of lots with and had a couple of entrances, and they felt like they needed it for police men and security reasons. Chairperson Starr called for a vote. Motion to approve passed 7 to 0. D. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 865, 866, 867, 880, and 887. 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. 865 Legal Description: 4.9991 acre tract, being the North 1/2 of Lot 19, Allison Richey Gulf Coast Home Co. Suburban Gardens Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX as per map or plat thereof recorded in Vol. 2, pg 23 & 24, Brazoria Co., TX (Adamo Lane) Owners: Charles & Delores Garcia 6759 Ridgeway Houston, TX 77087 2. Zoning Application No. 866 Legal Description: 2.9799 acre tract out of Lot 1, Allison-Richey Gulf Coast Home Co. subdivision of Section 10, H. T. & B. R.R. Co. survey, A-505, Brazoria Co., TX (12931 Stone Road) Owners: Juanita Sutherland 5 2458 Country Club Drive Pearland, TX 77581 3. Zoning Application No. 867 Legal Description: 8.88 acres out of Lot 1-F of the W.W. Stone Estate, located in the W.T. Dobson Survey, A-187, Brazoria Co., TX (12906 Stone Road) Owners: Byron & Juanita Sutherland 2458 Country Club Drive Pearland, TX 77581 4. Zoning Application No. 880 Legal Description: Lot 18, Block 3, Wagon Wheel, Section 14 of H. T. & B. R.R. Co. survey, A-509, in Brazoria Co., TX, according to the map or plat thereof recorded in Vol. 8, pg 79, plat records of Brazoria Co., TX (5917 Larrycrest) Owner: Violet M. Robertson 5917 Larrycrest Pearland, TX 77584 5. Zoning Application No. 887 Legal Description: The East 2/3 of Tract 71, Hahl's Figland Orchard Subdivision No. 1, a subdivision of Section 13, H. T. & B. R.R. Co. survey, A-240, Brazoria Co., TX, according to the map of record in Vol. 3, pg 77, plat records of Brazoria Co., TX (5917 Fite Road) Owner: Ysidoro C. Meza 7727 Satsuma Houston, TX 77023 Vice-Chairman Scott made a motion to forward Zoning Application Nos. 865, 866, 867, 880, and 887 to City Council for approval, and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. E. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 868, 869, 870, 871, 872, 873, 874, 878, 879, 882, and 883. Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) 6 to Single Family Dwelling District (R1) on the following described property, to wit: 1. Zoning Application No. 868 Legal Description: A tract of land being situated in Lot 59, Allison-Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (14210 Gardens Road (CR 556)) Owners: Jose J. Cavazos 14210 Gardens Road Pearland, TX 77581 2. Zoning Application No. 869 Legal Description: .9995 acre, the North 1/2 of 1.999 acres, described in Vol. 1506, pg. 419, deed records of Brazoria Co., TX, in Lot 59, Allison- Richey Gulf Coast Home Co. Suburban Gardens, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX , Vol. 2, pg. 23, Brazoria Co., TX (14215 Gardens Road(CR 556)) Owners: Stephen W. Long 14215 CR 556 Pearland, TX 77581 3. Zoning Application No. 870 Legal Description: 1.0 acres of land situated in Lots 56 & 58, of the Allison- Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the plat recorded in Vol. 2, pgs 23-24, of the plat records of Brazoria Co., TX (14019 Gardens Road (CR 556)) Owners: Gilbert & Frances Ramirez 14019 Gardens Road Pearland, TX 77581 4. Zoning Application No. 871 Legal Description: 1.0 acre of land situated in Lot 59, Allison-Richey Gulf Coast Home subdivision, Section 19, H. T. & B. R.R. Co. survey, A- 243, Brazoria Co., TX according to the plat recorded in Vol. 2, pg. 23 & 24, plat records of Brazoria Co., TX (14211 Gardens Rd (CR 556)) Owners: John T. Browne, Jr. 7 14211 Gardens Road Pearland, TX 77581 5. Zoning Application No. 872 Legal Description: 1.0 acres of land, more or less, out of Lot 58 of the Allison- Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243 of Brazoria Co., TX (14103 Gardens RD (CR 556)) Owners: Arnout C. & Judith A. Ruifrok 14103 Gardens Road Pearland, TX 77581 6. Zoning Application No. 873 Legal Description: A 1.2490 acre tract out of Lot 57, Allison-Richey Gulf Coast subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat thereof recorded in Vol. 2, pg. 23, of the plat records of Brazoria Co., TX (14002 Gardens Road (CR 556)) Owner: Danny G. & Linda Beeman 14002 Gardens Road Pearland, TX 77581 7. Zoning Application No. 874 Legal Description: 1.0 acres of land situated in Lots 57 & 58 of the Allison- Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (14020 Gardens Road (CR 556)) Owner: Donald R. Murray 14020 Gardens Road Pearland, TX 77581 8. Zoning Application No. 878 Legal Description: 1.0 acres in Lot 58, Allison-Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R. R. Co. survey, A-243, Brazoria Co., TX, according to the plat recorded in Vol. 2, pgs 23-24, plat records of Brazoria Co., TX (14155 Gardens Road (CR 556)) Owner: Wallace Mize 14155 Gardens Road 8 Pearland, TX 77581 9. Zoning Application No. 879 Legal Description: A 1.75 acre tract out of Lots 58 & 59, 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 as recorded in Vol. 2, pgs 23-24, plat records, Brazoria Co., TX (14203 Gardens Road (CR 556)) Owner: Dale & Billie Moore 14203 Gardens Road Pearland, TX 77581 Agent: Patricia Jo Murphy 10. Zoning Application No. 882 Legal Description: 1 acre of land in Lot 59, Allison-Richey Gulf Coast Home Company's part of Suburban Gardens, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat recorded in Vol. 2, pg 23 of the plat records of Brazoria Co., TX (Gardens Road (CR 556)) Owner: Grace Hawk P.O. Box 1204 Manvel, TX 77578 11. Zoning Application No. 883 Legal Description: 1 acre in Lot 57, Allison-Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the plat recorded in Vol. 2, pgs 23-24, plat records of Brazoria Co., TX (14018 Gardens Road (CR 556)) Owner: Ava Lynn Free 14018 Gardens Road Pearland, TX 77581 Chairperson Starr stated that "Gardens Rd" has changed to "Hawk Meadows" as of the Council meeting held on February 14, 2000. Commissioner Beltz made a motion to forward Zoning Application Nos. 868, 869, 870, 871, 872, 873, 874, 878, 879, 882, and 883 to City Council for approval and Commissioner locco seconded the motion. 9 F. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 876, and 877. 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 (R1) on the following described property, to wit: 1. Zoning Application No. 876 Legal Description: 6.68 acres out of a 10 acre tract in the North part of Lot 6, H. T. & B. R.R. Co. survey, Section 19, A-243, Brazoria Co., TX (925 Cullen Boulevard (FM 865)) Owner: Raymond & Emma Vaughan 925 FM 865 Pearland, TX 77581 2. Zoning Application No. 877 Legal Description: 3.32 acres, more or less, out of the southerly portion of Lot 6, a subdivision of Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (927 Cullen Boulevard (FM 865)) Owner: Robert & Elizabeth Melinder 2911 Abbey Field Drive Pearland, TX 77584 Vice-Chairman Scott made a motion to forward Zoning Application No. 876 and 877 to City Council for approval and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. G. CONSIDERATION & POSSIBLE ACTION — Final Plat of South Hampton Section One, a subdivision of 21.487 acres located in the H.T.&B. R.R. Co. Survey, Abstract 304, Brazoria County, Pearland, Texas. Variance Request: 1. Use of a 20-foot front building line. Vice-Chairman Scott asked if the 20-foot front building line is for the whole subdivision and City Engineer Hargrove replied that it is for the whole subdivision. City Engineer Hargrove pointed out that most of the lots are 100'. City Engineer Hargrove then stated that he has comments and listed them as: 10 1. Before acceptance of the subdivision by City Council, the developer needs to pay 1/2 of their 50% share of the fees for the construction of Hooks Road. He explained that 1/2 of the fees will be paid with Section One and the other 1/2 of the fees will be paid with Section Two. 2. The construction drawings need to be approved before the City Engincor and the City Attorney sign the plat. Vice-Chairman Scott made a motion to approve the Final Plat of South Hampton Section One with the variance and the two comments outlined by the City Engineer, and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. H. CONSIDERATION & POSSIBLE ACTION — Final Plat of South Hampton Section Two, a subdivision of 18.513 acres located in the H.T.&B. R.R. Co Survey, Abstract 304, Brazoria County, Pearland, Texas. Variance Request: 1. Use of a 20-foot front building line. City Engineer Hargrove stated that he has the same comments that he had first section and listed them as: 1. Before acceptance of the subdivision by City Council, the developer needs to pay 1/2 of their 50% share of the fees for the construction of Hooks Road. 2. The construction drawings need to be approved before the City Engineer and the City Attorney sign the plat. Commissioner Viktorin made a motion to approve the Final Plat of South Hampton Section Two with the variance and the two comments outlined by the City Engineer, and Commissioner locco seconded the motion. Motion to approve passed 7 to O. I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Bellavita at Green Tee Section One, Being 55.9481 acres of land in the W.D.C. Hall Survey, A-23 Hams County, Texas. Variance Request: 1. Use of 20-foot front building lines around cul-de-sacs, eyebrows, elbows, and streets. 2. Use of a 3-foot side building setbacks on lots 1 and 9 of block 1; lots 1, 10, 11, and 14 of block 2; lots 1 and 21 of block 3; lots 1, 10, 11, and 13 of block 4; lots 1, 37, 38, and 51 of block 5; and lots 1, 19, 20, and 26 of block 6. 3. Variance for yard requirement to allow zero lot lines on one side. 11 Vice-Chairman Scott made a motion to table the Final Plat of Bellavita at Green Tee Section One until the area is annexed into the City limits, and Commissioner locco seconded the motion. Motion to table passed 6 to 1. J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Southdown Section Twelve, 11.47 acres of land out of the H.T.&B. R.R. co. Survey, Section One, Abstract 310, Brazoria County, Texas. Variance Request: 1. Use of a 20 foot building line on cul-de-sac and thumbnail lots. 2. Use of a 5-foot side building setback. City Engineer Hargrove stated that Southdown Section 13 is shown to the North of this section. He then asked where the recordation information is for Section 13 and explained that the drainage of Section 12 goes into Section 13. He then stated that staff recommends approval but he would like to have his signature and the City Attorney's signature withheld until we get the recordation information on the mylar. Jaime Salinas stated that they are already in the construction process and they are working on getting the Southdown Section 13 plat approved. Vice-Chairman Scott asked how they could be in construction when the plat is not recorded, and Mr. Hargrove replied that this is a common situation in the E.T.J. Vice-Chairman Scott made a motion to approve the Final Plat of Southdown Section 12 with the variances and the comment made a motion by the City Engineer, and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. K. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of The Lakes at Countryplace Section Five, Brazoria County, Texas, being 13.447 acres of land located in the F. B. Drake Survey, Abstract no. 503, (N. 1/2 Sec. 2). 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 comments: 1 . The 8' offsite utility easement recordation information needs to be entered on the plat. 12 2. An agreement needs to be made with the Parks and Recreation Department on the parkland situation. They either need to provide a park or pay the $350.00 per lot fee. Mr. Hargrove stated that the Parks and Recreation Director Ed Hersh stated that he would like a park out there, but if they do not provide a park they will need to pay the due fees. Vice-Chairman Scott made a motion to approve the Preliminary Plat of The Lakes at Countryplace Section 5 with the variances and the comments outlined by the City Engineer, and Commissioner Glenn seconded the motion. Motion to approve passed 7 to 0. L. CONSIDERATION & POSSIBLE ACTION — Amending 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 25 O.W. Willits Subdivision (Vol. 03, Pg. 65, B.C.D.R.) and being in the W.D.C. Hall League, Abstract No. 70, Pearland, Brazoria County, Texas. Commissioner Beltz asked what they are amending, and City Engineer Hargrove explained that they are just correcting some lot dimensions. Mr. Hargrove then stated that staff recommends approval as presented. Motion to approve passed 7 to 0. M. CONSIDERATION & POSSILBE ACTION - Request for variance from the requirements in the subdivision Ordinance that require building permits to be issued only on platted lots. (Jesse Bowman and Cary McDonald for 119 Herbert Dr) City Engineer Hargrove stated that they have already approved a few other variances similar to this request and he stated that he let the others go through with out any conditions. He stated that this request should be handled differently and he does have recommendations, and listed them as: 1. The owner needs to provide a 35' right of way dedication. 2. The owner needs to provide a 10' water and sewer easement dedication. 3. A drainage plan will need to be approved before issuance of a building permit. Commissioner Selemon asked what the homeowner will have to provide, and Mr. Hargrove replied that the homeowners will need to provide the requested easements. Mr. Hargrove explained that if we accept this request at face value then we can not conduct orderly development. He stated that by accepting this variance with these conditions, the applicant can avoid having to plat the property, yet we get the terms we need to provide orderly development. 13 aill' Vice-Chairman Scott made a motion to approve the variance request from the requirements in the Subdivision Ordinance that require building permits to be issued only on platted lots with the requirements requested by the City Engineer, and Commissioner locco seconded the motion. Motion to approve passed 7 to 0. IV. NEXT MEETING DATE: February 22, 2000 (Workshop with City Council) February 28, 2000 (Joint Public Hearing) Director of Community Development and Services Gene Tumlinson stated that the Workshop with City Council has been cancelled. IV. ADJOURNMENT The meeting adjourned at 7:40 P.M. These minutes respectfully submitted by: ,.4 (6-- Je rifer Gon les, Planning &`oning Secretary Minutes approved as submitted and/or corrected on this 7 day of 2yk2000. 2 M Sta ,14 Manning,aeLl& Zoning Chairperson a 14