2000-05-01 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF
'1E CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 1, 2000, IMMEDIATELY
JLLOWING A JOINT PUBLIC HEARING ON LAND USE AMENDMENTS, IN THE SECOND
FLOOR CONFREENCE ROOM OF THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
I. CALL TO ORDER
The meeting was called to order at 7:43 PM with the following present:
Chairperson Mary Starr
Commissioner Emil Beltz
Commissioner Todd locco
Commissioner Russ Selemon
Commissioner Charles Viktorin
City Engineer John Hargrove
Director of Community
Development and Services Gene Tumlinson
Secretary Mona Ann Phipps
II. APPROVAL OF MINUTES: April 3, 2000 (Regular Meeting)
Commissioner Charles Viktorin made a motion, seconded by Commissioner Todd locco, to
approve the minutes as submitted. Motion passed 5 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 912
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:
Legal Description: 4.9989 acres out of Lots 6 & 7, Allison Richey Gulf Coast Home Co.
Part of Suburban Gardens, Section 20, H. T. & B. R.R. Co. survey, A-506, Brazoria Co.,
according to the map or plat recorded in Vol. 2, pgs 23-24 plat records of Brazoria
Co., TX (8909 Hughes Ranch Road)
Owner: Classic Storage Station, Inc.
P.O. Box 3388
Pearland, TX 77588-3388
Agent: Bobby or Billy Craig
1
Commissioner Todd locco made a motion, seconded by Commissioner Emil Beltz, to
approve Zoning Application No. 912 from Suburban Development District (SD) to
Commercial District (C).
Motion passed 5 to 0.
B. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 913
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:
Legal Description: 10.00 acres situated in the Southwest 1/4 of the North 1/4 of
Section 17, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (Chocolate Bayou Rd
@ Fite Rd)
Owner: Basil L. Cogbill
910 Woodland Dr.
Fredericksburg, TX 78624-7420
Agent: Charlie Eason of Hardcastle Real Estate
Director of Community Development and Services Gene Tumlinson stated that the
Comprehensive Plan shows this area as Retail, office and services.
Commissioner Todd locco made a motion, seconded by Commissioner Russ Selemon, to
deny Zone Change Application No. 913 from Suburban Development District (SD) to
Commercial District (C).
A discussion ensued regarding the differences between Commercial District (C) and
General Business District (GB). Commissioner Todd locco stated that he would approve
General Business for this property, but not Commerical. He added that there is no other
business or industry on this street, except the convenience store.
Motion passed 3 to 2.
C. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 914 with a
Specific Use No. 80
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 Permit (GB-S) for outside kennels on the
following described property, to wit:
2
Zoning Application No. 914 & Specific Use No. 80
Legal Description:2.19 acres, being a portion of Tracts 38-40, Allison Richey Gulf
Coast Home Co.'s Suburban Gardens Subdivision, Section 85, H. T. & B. R. R. Co.
survey, A-304, Brazoria Co., TX as recorded in Vol. 2, pg 107, plat records of Brazoria
Co., TX (Broadway Street)
Owner: Bobby Stevener, D.V.M./Pearland Professional Plaza, L.L.C.
1601 N. Main
Pearland, TX 77581
Agent: Jack McGuff, Jr., A.I.A.
Commissioner Emil Beltz asked if the outside kennels would be used for large or small
animals. Director of Community Development and Services Gene Tumlinson stated that
they will be used for small animals only and will be completely screened from the street.
Commissioner Charles Viktorin made a motion, seconded by Commissioner Emil Beltz, to
approve Zone Change Application No. 914 and Specific Use No. 80 from Suburban
Development District (SD) to General Business District Specific Use (GB-S).
Motion passed 5 to 0.
D. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 906
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Single Family Dwelling District (R-1) to
General Business District (GB) on the following described property, to wit:
Zoning Application No. 906
Legal Description: Being .460 acres, aka Tract 30A1, H. T. & B. R. R. Co. survey, A-
309, plat records of Brazoria Co., TX (3054 Old Chocolate Bayou Road)
Owners: Lonnie Turner
3054 Old Chocolate Bayou Road
Pearland, TX 77584
Chairperson Mary Starr stated that this property is located directly across the street from the
property considered in Zone Change Application No. 913.
Commissioner Todd locco made a motion, seconded by Commissioner Russ Selemon, to
approve Zone Change Application No. 906 from Suburban Development District (SD) to
Single Family Dwelling District (R-1).
3
Commissioner Todd locco stated that the Comprehensive Plan shows "Retail, offices and
services". Commissioner Russ Selemon stated that it actually shows this property as "Low
density residential" and the property across the street is "Retail, offices and services".
Director of Community Development and Services Gene Tumlinson reminded the Board that
they are zoning the land. He explained that they should not consider what is there now, but
what could be there in the future. He added that Commercial provides a much larger
spectrum of uses including outside sales and General Business would be completely inside.
Motion passed 5 to 0.
E. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 911
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-2) on the following described property, to wit:
Zoning Application No. 911
Legal Description: 23.26 acres out of the W.D.C. Hall Survey, A-23, Harris Co., TX,
recorded under County Clerk's File No. T464162 of the Official Public Records of Real
Property of Harris Co., TX (Villa Verde, Section One)
Owners: Green-Hollow, Ltd.
6302 Broadway, Ste 250
Pearland, TX 77584
Agent: Renee West
Commissioner Emil Beltz made a motion, seconded by Commissioner Charles Viktorin, to
approve Zone Change Application No. 911 from Suburban Development District (SD) to
Single Family Dwelling District (R-2).
Motion passed 4 to 1 .
F. CONSIDERATION & POSSIBLE ACTION — Zoning Application Nos. 896, 910, 915,
and 916.
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 (RI) on the following described property, to wit:
1. Zoning Application No. 896
4
Legal Description: Tract I: 1.25 acres and Tract II: 1 acre, both out of Lot 58, Allison
Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R. R. Co. Survey, A-
243, as recorded in Vol. 2, pg 23 & 24, Brazoria Co. plat records, Brazoria Co., TX
(14110 CR 556 (Hawk Meadows Road))
Owner: Lawrence Alderman
14110 CR 556
Pearland, TX 77581
2. Zoning Application No. 910
Legal Description: 48.7516 acres located in the W.D.C. Hall Survey, A-23, Harris Co.,
TX, as recorded under County Clerk's File No. T464162 of Official Public Records of
Real Property of Hams Co., TX (Villa D'Este, Sections One & Two)
Owner: Green-Hollow, Ltd.
6302 Broadway St, Ste 250
Pearland, TX 77584
Agent: Renee West
3. Zoning Application No. 915
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
4. Zoning Application No. 916
Legal Description: Lot 7, Block 2, Wagon Wheel Addition, a subdivision of the South
1155 ft of the West 1/2 of the South 1/2 of the Northwest 1/4 of Section 14, H. T. & B. R.
R. Co. survey, A-509, Brazoria Co., TX, as recorded in Vol. 9, pg 79, Brazoria Co., TX
(5918 Larrycrest Drive)
Owner: John McDonald
5918 Larrycrest Drive
Pearland, TX 77584
Commissioner Emil Beltz made a motion, seconded by Commissioner Charles Viktorin, to
consider Zone Change Applications No. 896, 910, 915 and 916 as one item.
5
Motion passed 5 to 0.
Commissioner Charles Viktorin made a motion, seconded by Commissioner Russ Selemon,
to approve Zone Change Applications No. 896, 910, 915 and 916 from Suburban
Development District (SD) to Single Family Dwelling District (R-1).
Motion passed 5 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Final Plat of Waterbury Estates Section
2 at Silverlake, a subdivision of 26.4007 acres of land out of the R.B. Lyle Survey,
Abstract No. 539, Brazoria County, Texas.
Variance Requests:
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.
Commissioner Russ Selemon asked if these plats are inside the City limits. Director of
Community Development and Services Gene Tumlinson stated that they are outside the
City limits. He added that the City of Pearland has jurisdiction over the platting only.
City Engineer John Hargrove stated that staff recommends approval as submitted.
Commissioner Emil Beltz made a motion, seconded by Commissioner Charles Viktorin, to
approve the Final Plat of Waterbury Estates Section 2 at Silverlake with the requested
variances.
Commissioner Todd locco presented an original design layout for Silverlake showing 5' side
yards and 20' front yards approved for Municipal Utility Districts 1-3. He stated that this plat
appears to be outside the perimeter of the original design layout.
Cathy Mitchell of Jones and Carter, Inc., showed a site plan of this new section. She stated
that it is located North of CR 59, therefore, it does fall in MUD 2.
Tom Wilcox stated that the Commission should not focus on a line drawn on paper and
approved in the 1980's. He stated that that was an overall plan outlining the perimeters of
the entire community. He added that they purchased the property in 1994 with the
presumption that these variances would continue to be granted. Mr. Wilcox explained that
smaller homes would change the complexity of financing, etc. after sixteen (16) years.
Commissioner Todd locco asked why Mr. Wilcox did not go to the City to acquire a
developers agreement to continue the 5' side yards and 20' front yards.
Mr. Wilcox stated that, at the time, they did visit with the City and it was thought that the
variances would continue.
6
Chairperson Mary Starr reminded the Commission that this development is outside the City
limits.
Mr. Wilcox stated that the community has raised the values for the City since 1984. He
asked what the real problem was with 5' side yards. He stated that it creates a real problem
when you change the rules for the remainder of the community.
Motion passed 4 to 1 .
H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Fieldstone Village Section 2
at Silverlake, a subdivision of 33.9090 acres of land out of the A.C.H&B. R.R. Co.
Survey, Section No. 87, Abstract No. 415, Brazoria County, Texas.
Variance Requests:
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.
3. Use of cul-de-sacs greater than 600 feet in length.
4. Use of 28-foot wide pavement on a long cul-de-sac.
City Engineer John Hargrove stated that staff recommends approval as presented. He
stated that they must be sure that the street names of Fallbrook Drive and Autumn Joy are
indicated on the mylar.
Commissioner Charles Viktorin made a motion, seconded by Commissioner Russ Selemon,
to approve the Final Plat of Fieldstone Village Section 2 at Silverlake contingent upon the
two street names being added to the mylar.
Motion passed 4 to 1 .
I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Creekstone at Silverlake, a
subdivision of 35.0361 acres of land out of the John W. Maxey Survey, Abstract
No. 87, Abstract No. 415 and the R.B. Lyle Survey, Abstract No. 539, Brazoria
County, Texas.
Variance Requests:
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 John Hargrove asked Cathy Mitchell of Jones and Carter, Inc., if they had
forgotten to include the hold harmless statement on the plat. Ms. Mitchell stated that it was
mistakenly left off. Mr. Hargrove explained that a waiver of responsibility statement must be
added in order to build within one hundred foot (100') of a pipeline easement. He stated
that this statement could be added prior to the City Attorney and City Engineer signing the
plat.
7
Commissioner Charles Viktorin made a motion, seconded by Commissioner Russ Selemon,
to approve the Final Plat of Creekstone at Silverlake contingent upon the addition of the
waiver of responsibility being added.
Motion passed 4 to 1
J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Crestwood Cove at
Silverlake, a subdivision of 21.1201 acres of land out of the R.B. Lyle survey, Abstract
No. 539, Brazoria County, Texas.
Variance Requests:
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 Attorney John Hargrove stated that the developer has requested that this item be
tabled pending completion of the Park Dedication Ordinance requirements.
Commissioner Emil Beltz made a motion, seconded by Commissioner Russ Selemon, to
table the Final Plat of Crestwood Cove at Silverlake.
Motion passed 5 to 0.
K. CONSIDERATION & POSSIBLE ACTION — Recommendation to City Council for the
Revised Land Use Ordinance.
A lengthy discussion ensued regarding the proposed revisions to the Land Use and Urban
Development Ordinance.
Commissioner Charles Viktorin made a motion, seconded by Commissioner Todd locco, to
recommend approval of the amendments to 509-D, with the Planned Unit Developments to
remain in the ordinance and the mini-warehouses to remain in Commercial (C), Light
Industrial (M1) and Heavy Industrial (M2).
Motion passed 4 to 1 .
L. DISCUSSION ITEM
A lengthy discussion ensued regarding 5' side and 20' front yard setbacks.
IV. NEXT MEETING DATES: May 8, 2000 (Joint Public Hearing)
May 15, 2000 (Regular Meeting)
V. ADJOURNMENT
8
The meeting adjourned at 9:07 PM.
These minutes res ctfully su itted by:
Mona Ann hipps
Minutes approved as submitted and/or corrected this /5 day of u , 2000.
Mary Starr, h irperson
9