2000-11-06 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, NOVEMBER 6, 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
The meeting was called to order at 6:30 P.M. with the following present:
Chairperson Mary Starr
Commissioner Emi A. Beltz
Commissioner Donald Glenn
Commissioner Russ Selemon
Commissioner Richard F. Tetens
Commissioner H. Charles Viktorin
City Engineer John W. Hargrove
Director of Community
Development & Services Gene Tumlinson
P & Z Secretary Jennifer Gonzales
II. APPROVAL OF MINUTES:
Commissioner Beltz made a motion to approve the October 16, 2000 minutes and
Commissioner Viktorin seconded the motion.
Motion to approve passed 4 to 0 (1 abstention).
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 948
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. 948
Legal Description: 2 tracts totaling 6.564 acres in the James Hamilton Survey, A-
881, Harris County, Texas (14007 South Freeway)
Owner: St. Thomas of Canterbury Church
14007 South Freeway
Houston, TX 77047
Agent: The Reverend James T. Payne
Commissioner Beltz made a motion to forward Zoning Application No. 948 to City
Council for approval, and Commissioner Tetens seconded the motion.
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Motion to approve passed 5 to 0.
B. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 942
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
General Business District (GB) on the following described property, to wit:
1. Zoning Application No. 942
Legal Description: Being 50' wide adjoining and adjacent to and running parallel
with the G. C. & S. F. Right of Way and lying between Block
19, Pearland Townsite and G. C. & S. F. Right of Way, as
recorded in Vol. 29, pg 41, of the deed records of Brazoria
Co., TX (2411 S. Texas)
Owner: Charles Terry Gray
P.O. Box 597
Pearland, TX 77588
Commissioner Tetens made a motion to forward Zoning Application No. 942 to City
Council for approval, and Commissioner Viktorin seconded the motion.
Motion to approve passed 5 to 0.
C. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 952
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. 952
Legal Description: Being part of Block 17 of the Figland Orchard Subdivision No.
1, Brazoria Co., TX, according to the map or plat thereof
recorded in Vol. 3, pg 77 of the plat records of Brazoria Co.,
TX (2853 Wagon Trail Road)
Owner: Asuncion Esparza
2853 Wagon Trail Road
Pearland, TX 77584
Commissioner Beltz made a motion to forward Zoning Application No. 952 to City
Council for approval, and Commissioner Viktorin seconded the motion.
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Motion to approve passed 5 to 0.
D. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of West Oaks
Village Section Four, being 23.3333 acres of land located in the H.T. & B.
R.R. Company Survey, A-241, Pearland, Brazoria County, Texas.
Variance Request:
1. To allow for the required 20-foot building line for sidelots be reduced to 10-foot
building lines for sidelots for Lots 1, 15, 16, 30, 45, 46, 60, 61, 75, & Block 2 Lot 1.
City Engineer Hargrove stated that staff recommends approval of the plat with notes to
be noted in the minutes for the final plat, and listed them as:
1 . They need to provide an onsite TBM.
2. They need to provide an enlarged view of the 4-foot drainage reserve on lot 68
of block 2.
3. They need to add note 15 — "No corner lots shall have sidelot access."
4. There needs to be a 5-foot electrical easement on lots 2-3, 11-12, and 20-21 of
block 1 .
Commissioner Tetens stated that they don't have the authority to grant the requested
variance. He then made a motion to deny the Preliminary Plat of West Oaks Village
Section Four due to the variance request. Commissioner Beltz seconded the motion.
Chairperson Starr asked if they take the variance to ZBA, can they take it without an
approved plat, and Director of Community Development and Services Gene Tumlinson
replied that the plat does not have to be approved.
Commissioner Tetens stated that if staff agrees that it the variance should be taken off
the plat before approval. He then stated that as the ordinance is written this board
does not have the authority to approve this variance.
Terry Brooks from West Development Co., Inc. asked which board approves this
variance, because the variance is actually in both the Subdivision Ordinance and the
Land Use and Urban Development Ordinance. She then asked if the ZBA approves
the variance first, and the Planning and Zoning can act on it.
City Engineer Hargrove stated that he believes it is only in the Land Use Ordinance.
Director of Community Development & Services Tumlinson asked if there is a way that
they can approve the plat contingent upon ZBA's approval.
Motion to deny passed 6 to 0.
E. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake
Commercial Park Phase 9, a subdivision of 3.1499 acres of land out of the
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A.C.H.&B. R.R. Co. Survey, Section No. 87, Abstract No. 415, Brazoria
County,Texas.
City Engineer Hargrove stated that staff recommends approval with the requirement
that the applicant fills in the recordation info for the external easements before the City
Attorney and the City Engineer will sign the plat.
Commissioner Glenn made a motion to approve the Final Plat of Silverlake
Commercial Park Phase 9, and Commissioner Viktorin seconded the motion.
Motion to approve passed 6 to 0.
F. CONSIDERATION & POSSIBLE ACTION — Final Plat of Springbrook Section
1 at Silverlake, a subdivision of 33.4934 acres of land out of the R.B. Lyle
Survey, Abstract 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.
City Engineer Hargrove stated that staff recommends approval with the requirement
that the external easements will be noted with the recordation information.
Commissioner Tetens stated that he has the same comment he has had for years, and
stated that they can not grant the side setback on every lot because that is considered
a blanket variance. He then explained to the Commissioners that if it was approved in
the "Masterplan" then they shouldn't be asking them for these variances at all. He
then stated that when you ask for a blanket variance you are asking to change the
Subdivision Ordinance.
City Engineer Hargrove stated that Interim City Manager Alan Mueller does have the
agreements.
Commissioner Beltz stated that they have been fighting this for years.
Commissioner Tetens made a motion to approve the Final Plat of Springbrook Section
1 at Silverlake with out the variance requests, and Commissioner Beltz seconded the
motion.
Motion to approve passed 6 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Final Plat of Audubon Place
Section Two, being a replat of reserve "F" of the Replat of the Final Plat
Audubon Place Section One (Vol. 20, Pg 195-196 B.C.P.R.) being out of the
west one-half of the west one-half of the northeast one-quarter Section 14,
H.T.&B. R.R. Co. Survey, A-509, Brazoria County, Texas.
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City Engineer Hargrove stated that staff recommends approval as submitted.
Commissioner Tetens made a motion to approve the Final Plat of Audubon Place
Section Two, and Commissioner Beltz seconded the motion.
Motion to approve passed 6 to 0.
H. CONSIDERATION & POSSIBLE ACTION — Final 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.
City Engineer Hargrove stated that this location has been presented several different
times, and there have been several attempts to do something with the property. He
stated that staff recommends approval as presented.
Commissioner Beltz asked how it would affect the sewage in front of the property.
City Engineer Hargrove commented that the problem is that it stays in the tank too
long, and the liftstation needs to be replaced.
Commissioner Tetens made a motion to approve the Final Plat of The Links at Green
Tee, and Commissioner Selemon seconded the motion.
Motion to approve passed 6 to 0.
I. CONSIDERATION & POSSIBLE ACTION — Final Plat of WC Properties
Commercial Center, 11.7378 acres, H.T.&B. Railroad Company Survey Sec.
85, Abstract 304, Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval as presented.
Commissioner Viktorin made a motion to approve the Final Plat of WC Properties
Commercial Center, and Commissioner Glenn seconded the motion.
Motion to approve passed 6 to 0.
J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Park Village Estates
Section Two, a subdivision plat of 9.5803 acres of land out of H.T.& B. R.R.
Co., survey, A-509, City of Pearland, Brazoria County,Texas.
City Engineer Hargrove stated that before the City Attorney and the City Engineer will
sign the plat, the department will need to confirm the Utility approval letters, receive
original tax certicates, and the "community assets" letter. He then stated that he had
a note for the engineer, and asked for them not to put physical works on the final plat.
He then explained that they should go only on the Preliminary Plats.
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Commissioner Glenn made a motion to approve the Final Plat of Park Village Estates
Section 2, and Commissioner Tetens seconded the motion.
Motion to approve passed 6 to 0.
K. CONSIDERATION & POSSIBLE ACTION — Amending plat of the Final Plat
Central Office Park, Vol. 21, Pg. 145-146, B.C.M.P., A subdivision of 4.7127
acres out of Lot 45, Allison Richey Gulf Coast Home Company's Suburban
Gardens Subdivision, Vol. 2, Pg. 24 B.C.M.R., in H.T.&B. R.R. Co. Survey,
Section 20 Abstract No. 506, Brazoria County, Texas.
City Engineer Hargrove stated that the amendments for this plat are to change
dimensions and to add notes 10 & 11, and staff recommends approval.
Commissioner Tetens made a motion to approve the Amending Plat of Final Plat of
Central Office Park, and Commissioner Viktorin seconded the motion.
Motion to approve passed 6 to 0.
L. CONSIDERATION & POSSIBLE ACTION — Extension for the platting of Parks
at Walnut Bend.
City Engineer Hargrove stated that this is a procedure that is required in order to
extend the preliminary plat for more then the allowed 6 months. He stated that it is
only procedural and staff recommends approval.
Commissioner Selemon questioned whether they are extending the Preliminary Plat or
the Final Plat, and Mr. Hargrove explained that after Preliminary approval the
developer has six months to get started on the Final Plat and this is a request to
extend the six months.
Commissioner Viktorin made a motion to approve the extension for the platting of
Parks at Walnut Bend Subdivision, and Commissioner Tetens seconded the motion.
Motion to approve passed 6 to 0.
IV. NEXT MEETING DATE: November 20, 2000 (Joint Public Hearing and
Regular meeting)
V. ADJOURNMENT 1
ese minutes resp_1 IIy submitt-d by:
14M, • i
Jei fifer Gon les, Planning it oning Secretary
Mi utes approvNssu miffed and/or corrected on this day of , 2000.
NI tarr tanning & Zoning Chairperson
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