2000-06-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS HELD ON MONDAY, JUNE 19, 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 6:30 P.M. with the following present:
Chairperson Mary Starr
Commissioner Emil A. Beltz
Commissioner Donald Glenn
Commissioner Todd locco
Commissioner Russ Selemon
Commissioner Charles Viktorin
City Engineer John Hargrove
Director of Planning &
Community Services Gene Tumlinson
P & Z Secretary Jennifer Gonzales
II. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 921
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. 921
Legal Description: 5.00 acres being Tract 2, Section 17 of H. T. & B. R.R. Co.
survey, A-242, Brazoria Co., TX (Manvel Road @ Fite Road)
Owner: Patrick William Gabriel
1903 Place Rebecca Lane
Houston, TX 77090
Agent: Lucy Marie Woods
Director of Community Development & Services Gene Tumlinson explained the
location and stated that the proposed use is a landscaping related business.
Commissioner Viktorin made a motion to forward Zoning Application No. 921 to City
Council for approval, and Commissioner Selemon seconded the motion.
Motion to approve passed 5 to 1.
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B. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 924
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. 924
Legal Description: 1.377 acres of land in Section 20, H. T. & B. R.R. Co. survey,
A-506, Brazoria Co., TX (Broadway Street @ Cullen
Boulevard)
Owner: William J. Wise, Trustee
9000 Southwest Freeway, Ste 324
Houston, TX 77074
Agent: Jamila Johnson of Brewer & Escalante Associates for
ExxonMobil
Commissioner locco made a motion to forward Zoning Application No. 924 to City
Council for approval, and Commissioner Glenn seconded the motion.
Motion to approve passed 6 to 0.
C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 925
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. 925
Legal Description: Being Tract 10, out of and part of the commercial reserve of
Block 17, Section 3, West Lea Subdivision, as recorded in
Vol. 12, pg 23, Brazoria Co. plat records, Brazoria Co., TX
(4109 Manvel Road)
Owner: Houston Business Investment, Inc.
23240 Highway 290 West
Cypress, TX 77429
Commissioner Viktorin made a motion to forward Zoning Application No. 925 to City
Council for approval, and Commissioner locco seconded the motion.
Motion to approve passed 6 to 0.
D. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE NO. 81
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Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Multi-Family Dwelling District (MF) to
Multi-Family Dwelling District (MF-S) Specific Use on the following described
property, to wit:
1. Specific Use Application No. 81
Legal Description: Lots 33-36, Block 35, Pearland Townsite, Brazoria Co., TX
(2330 N. San Antonio)
Owner: Gail Windham & Tommy Luttrell
2330 N. San Antonio
Pearland, TX 77581
Commissioner locco stated that he is very confused about this request.
Commissioner Beltz asked if there are any other areas similar to this, and
Commissioner locco asked about following the Comprehensive Plan.
Director of Community Development & Services Gene Tumlinson stated that there are
a lot of home business that are grand-fathered in and because of this they stay low
key.
Commissioner Beltz made a motion to forward Specific Use Application No. 81 to City
Council for approval, and Commissioner Glenn seconded the motion.
Motion to approve passed 6 to 0.
E. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 923
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development District (SD)
to Mobile Home District (MH) on the following described property, to wit:
1. Zoning Application No. 923
Legal Description: Lots 168F, 168F1, 168H, 169, 169P and 169P-1, H. T. & B. R.R.
Co. survey, A-308, Brazoria Co., TX (3422 & 3502 Warren Rd &
4201, 4205, 4209, 4213, 4217, 4225 & 4229 Wells Dr)
Owner: Kenneth & Bonnie Kampf
3502 Warren Road
Pearland, TX 77584
Commissioner Viktorin made a motion to forward Zoning Application No. 923 to City
Council for approval, and Commissioner Beltz seconded the motion.
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Commissioner locco asked if they are classifying this as MH because it is a Mobile
Home Park owned by the same owner, and Director of Community Development &
Services Gene Tumlinson stated that that is correct and he reminded the
Commissioners that this has been applied for once before.
Chairperson Starr asked what the minimum size is for a mobile home park, and Mr
Tumlinson stated that three acres, and this request does meet the requirements.
Motion to approve passed 6 to 0.
F. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 908 &
909.
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Commercial District (C) & Heavy
Industrial District (M-2) to Single Family Dwelling District (R-3) on the following
described property, to wit:
1. Zoning Application No. 908
Legal Description: Being Lots No. 9A and 12A out of Section 12, H. T. & B. R.R.
Co. survey, A-508, Brazoria Co., TX (Veterans Drive between
Magnolia & Bailey Road)
Owner: Randall L. Ferguson & Lloyd R. Ferguson
P.O. Box 66
Pearland, TX 77588
Agent: Mauris Hardcastle of Hardcastle Real Estate
2. Zoning Application No. 909
Legal Description: 79.94 acres of land, being the North 1/2 of the Southeast 1/4 of
Section 12, H. T. & B. R.R. Co. survey, A-508, Brazoria Co., TX
(Magnolia Rd @ Bailey Rd)
Owner: Mary F. Edwards
7412 Kelving
Houston, TX 77030
Agent: Mauris Hardcastle
Commissioner locco made a motion to forward Zoning Application Nos. 908 and 909
to City Council for denial, and Commissioner Glenn seconded the motion.
Commissioner Viktorin stated that he is very much on the fence with these requests.
He then stated that he drove out and looked at the site and he feels this is taking up
Industrial land, but as a landowner he is for it.
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Commissioner locco stated that if they make this all residential it will go right up to the
tracks and there will be no buffer.
Commissioner Selemon stated that he too is confused, and he thinks until someone
redoes the Land Use Ordinance they should use it as it is zoned.
Commissioner Viktorin argued that the Land Use Ordinance is a work in progress.
Commissioner locco stated that they can have instant development of property or sit
around and hope that a business will come to Pearland and utilize the property.
Commissioner Viktorin stated that they went through this before when the Pearland
Economic Development Corporation brought in "Volkon" for zoning in this area.
Commissioner locco stated that he would have been for that request if the
presentation would have been presented better and if there would have been an
agreement on a wider road.
Chairperson Starr agreed and called for a vote.
Motion to deny passed 4 to 0 (2 abstentions).
G. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 907
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-3) on the following described property, to
wit:
1. Zoning Application No. 907
Legal Description: 40 acres being Lots 15A & 15B out of Section 12, H. T. & B.
R.R. Co. survey, A-508, Brazoria Co., TX (Veterans Drive
Bailey Road)
Owner: Read Partners L.P. & Kitty L. Read
6135 Olympia
Houston, TX 77057
Agent: Mauris Hardcastle of Hardcastle Real Estate
Commissioner locco asked what is east of this property, and Director of Community
Development & Services Gene Tumlinson replied that it is vacant.
Chairperson Starr questioned where the new school would go, and Mr. Tumlinson
replied that it will be on McLean between Springfield and Bailey.
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Commissioner locco made a motion to forward Zoning Application No. 907 to City
Council for denial, and Commissioner Glenn seconded the motion.
Commissioner locco stated that they need to be concerned about the buffer situation.
Mr. Tumlinson stated that Bailey is scheduled to go through, so this property should be
zoned "Commercial" or "Industrial". Commissioner Beltz asked when this will go
through, and Mr. Tumlinson was not sure of the date.
Chairperson Starr stated that the school is planning to start in August.
Commissioner Viktorin stated that he thinks there is a shortage of R-3 zoning.
Motion to deny passed 4 to 2.
H. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 926 &
SPECIFIC USE APPLICATION NO. 82
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-S) Specific Use on the following described
property, to wit:
1. Zoning Application No. 926 & Specific Use Application No. 82
Legal Description: A 5 acre tract being the East 1/2 of Lot 19, Allison Richey Gulf
Coast Home Company's Suburban Gardens Subdivision of
Section 80, H. T. & B. R.R. Co. survey, A-564, according to the
map or plat recorded in Vol. 2, pg 98, plat records of Brazoria
Co., TX (Broadway Street between Kirby Rd & CR 48)
Owner: Weems & Company, Inc. for F. Carrington Weems II,
Alexandra L. Weems, F. Carrington Weems III & Milthilde S.
Weems
909 Fannin, Ste 3205
Houston, TX 77010
Agent: Keith Anderson
Chairperson Starr stated that this request is so that they can build a church.
Commissioner locco made a motion to forward Zoning Application No. 926 & Specific
Use No. 82 to City Council for approval, and Commissioner Beltz seconded the
motion.
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Commissioner Glenn asked about the parking requirements, and Director of
Community Development & Services Gene Tumlinson stated he believes it is 1 for
every 5 seats.
Motion to approve passed 6 to 0.
I. CONSIDERATION & POSSIBLE ACTION — Preliminary plat of The Lakes at
Countryplace Section Seven, Brazoria County, Texas being 15.647 acres of
land located in the F.B. Drake Survey, Abstract No. 510 (S. 1/2 Sec. 2), F. B.
Drake Survey, Abstract No. 503 (N. 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 front building line on houses with garages with garages
that do not face the street right-of-way.
3. Use of a 10-foot side setback between houses.
4. Use of an extra long cul-de-sac (greater than 600').
City Engineer John Hargrove stated that staff recommends approval with three
comments and listed them as:
1 . The final plat will need to show all recording information on external easements.
2. The final plat will need to provide a temporary turn around at the north end of
South Cedar Hollow Drive.
3. They need to change the name of "Shadow Lakes Dr" to "S. Cedar Hollow Dr".
Chairperson Starr asked if all the variance requests fit, and have they ever done 15'
building lines before. Director of Community Development & Services Gene
Tumlinson replied that they have done 15' building lines before.
Commissioner Glenn made a motion to approve the Preliminary Plat of The Lakes at
Countryplace Section 7 with the qualifications stated by the City Engineer, and
Commissioner Beltz seconded the motion.
Motion to approve passed 6 to 0.
J. CONSIDERATION & POSSIBLE ACTION — Preliminary plat of Magnolia
Estates Section 2, 4.7702 acres out of lot 1 O.W. Willits Subdivision (Vol. 03,
pg. 65 B.C.P.R.) W.D.C. Hall League, A-70 Pearland, Brazoria County, Texas.
City Engineer John Hargrove stated that staff recommends approval as presented with
one comment that on the final plat they need to show required detention amounts on
each lot.
Commissioner locco asked if this is going to be Commercial.
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City Engineer Hargrove stated that nobody knows at this point, but the current tract
does split two different zonings.
Commissioner Viktorin made a motion to approve the Preliminary Plat of Magnolia
Estates Section 2 with the one comment made by the City Engineer, and
Commissioner locco seconded the motion.
Motion to approve passed 6 to 0.
K. CONSIDERATION & POSSIBLE ACTION — Preliminary plat of Worden
Estates, 23.752 acres out of H.T. & B. R.R. Company Survey No. 29, Abstract
292, Pearland, Texas.
Variance Request:
1. Sidewalk Requirements.
2. Street Light Requirement.
3. Widening of CR 128 — Construction to be deferred.
City Engineer John Hargrove stated that this an estate that is being subdivided for
simple distribution and staff has no objections, however there are a number of points
for the final, and listed them as:
1. They need to add note 10 stating that 6' sidewalks and street lights will be
required on CR 128 of the developed lots.
Commissioner Viktorin asked if this is in reference to the variance requests, and Mr.
Hargorve replied that he is only making a recommendation.
2. They need to add note 11 stating that the deposit for the share of the
construction of CR 128 will be due upon development.
3. Building lines need to be removed.
4. The final plat needs to include a pipeline waiver statement.
He stated that right now most of the land is in the ETJ, and he stated that only a 100-
foot strip is in the City so there is a split jurisdiction.
Commissioner Viktorin asked if he has any comments on the sidewalk variance, and
he stated that he is recommending that the sidewalk be added, and with a note added
to the final plat that a six-foot sidewalk and streetlights will be required when the lots
are developed. He stated that he feels that this meets the intents of the Subdivision
Ordinance.
Mr. Hargrove stated that before he recommends to have the note regarding the
deposit requirement on the plat he will have to meet with the City Attorney and Alan
Mueller.
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Commissioner locco made a motion the Preliminary Plat of Worden Estates with staff's
recommendations to deny all variances and corrections for the final plat, and
Commissioner Selemon seconded the motion.
Motion to approve passed 6 to 0.
L. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Hoang
Subdivision, 1 block, 2 lots, 1.683 acres.
City Engineer Hargrove stated that staff recommends approval with a comment that
note 8 be added stating that a detention commitment is required before any
improvement will be permitted.
Commissioner Viktorin made a motion to approve the Preliminary Plat of Hoang
Subdivision based on the City Engineer's requirement for detention requirements to be
added, and Commissioner locco seconded the motion.
Motion to approve passed 6 to 0.
M. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of River Mist
Section Two, a subdivision of 29.1009 acres of land, A.C.H. & B Survey, A-
507, City of Pearland, Brazoria County, Texas.
City Engineer John Hargrove stated that staff recommends approval with the comment
to erase Tommy Scott's name.
Commissioner locco made a motion to approve the Preliminary Plat of River Mist
Section Two, and Commissioner Glenn seconded the motion.
Motion to approve passed 6 to 0.
N. CONSIDERATION & POSSIBLE ACTION — Final Plat of Tranquility Lakes
Section One, 12.8881 acres (561,406 s.f.) of land located in the H.T.&B. R.R.
Company Survey, A-242, Brazoria County, Texas.
Variance Request:
1. Use of an extra long cul-de-sac (greater than 600').
City Engineer John Hargrove stated that staff recommends approval with several
comments and listed them as:
1 . They need to add Note 13 stating that sidewalks on Tranquility Lakes Blvd are
required at the time of development.
2. All external easements need to have recording information.
3. An agreement needs to be arranged regarding the Parkland fees.
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4. They need to add a note stating the drainage outfall is the existing sandpit.
Discharge from the sandpit is by pumping into existing ditch to Broadway.
There are no easements on north end of existing ditch.
Commissioner locco made a motion to approve the Final Plat of Tranquility Lakes
Section One including the variance and with the list of staffs recommendations, and
Commissioner Glenn seconded the motion.
Motion to approve passed 6 to 0.
O. CONSIDERATION & POSSIBLE ACTION — Replat of Houston Memorial
Gardens Cemetary, the purpose of this re-plat is to consolidate prior
sections & correct calls and distances. Resubdivision of tracts 41, 42, 55,
56, 57, & 58, Allison Richey Gulf Coast Home Co. Subdivision of section 20,
H.T.&B. Survey Abstract no. 506, Brazoria County, Texas.
City Engineer John Hargrove stated that staff recommends approval as presented with
a note to remove Tommy Scott's name.
Commissioner Beltz made a motion to approve the Replat of Houston Memorial
Gardens Cemetary, and Commissioner Selemon seconded the motion.
Motion to approve passed 6 to 0.
P. CONSIDERATION & POSSIBLE ACTION — Request a variance from the
Subdivision Ordinance that requires you plat your property, by owner,
Celestino Elizondo, 3057 Harkey, Pearland, Texas, 77584.
City Engineer John Hargrove stated that his first initial thought was for them to do this
under the "amending plat" procedure, but he had to erase that thought because there
is not an existing plat. He then stated that for the 60' wide lots, that means it should
be an R-3 zoning, and he feels before the owner goes to the expense of platting they
should get the necessary zoning first.
Commissioner Glenn made a motion to deny the variance request from the
Subdivision Ordinance that requires you to plat your property, and Commissioner
locco seconded the motion.
Motion to deny passed 6 to 0.
Q. DISCUSSION ITEM — Tree Ordinance.
Greg Reynolds, from the Parks and Recreation Department, introduced himself and
stated that he would try to answer any questions regarding the Tree Ordinance, and
he reminded the Commissioners that he is still learning the ordinance himself.
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Discussion ensued among the planning and zoning commission and staff regarding
the tree ordinance and how it concords with the platting process. They agreed that
they would like to discuss in more detail the ordinance and possibly work with City
Council to revise the ordinance.
IV. NEXT MEETING DATE: June 26, 2000 (Joint Public Hearing)
V. ADJOURNMENT
The meeting adjourned at 8:40 P.M.
T.-se minutes respec s bmitted 'y
/&,
. -n �-r Gon s, ing & • 1 g Secretary
Minutes approved as submitted and/or corrected on this 7 day of 6,07 , 2000.
A.,t,
Sta PI nning Zoning Chairperson
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