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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. 1 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. 2 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 3 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. 4 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. 5 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 4? 6 1 1