2000-11-20 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, NOVEMBER 20, 2000
IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING 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 Todd locco
Commissioner Russ Selemon
Commissioner Richard F. Tetens
Asst. City Engineer Andy Gallagher
Manager of Administrative Support Tobin Maples
P & Z Secretary Jennifer Gonzales
Commissioner Charles Viktorin and Donald Glenn were not present.
II. APPROVAL OF MINUTES:
October 2, 2000 — Commissioner locco stated that there is a mistake on page 5 in
the last paragraph with the wording of one of his comments. Mr. locco then made a
motion to approve the October 2, 2000 minutes with the correction and
Commissioner Selemon seconded the motion.
Motion to approve passed 3 to 0 (2 abstentions).
November 06, 2000 — Commissioner Tetens made a motion to approve the
November 06, 2000 minutes, and Commissioner Beltz seconded the motion.
Motion to approve passed 5 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 959
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. 959
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Legal Description: The Southwesterly 3.091
es ofnof Survey No 8, H. Te&y
Gulf Coast Home
1
B. R.R. Co. survey, A-504, Brazoria Co., TX (2145 Roy
Road)
Owner: The Meadows
5625 FM 1960 West
Houston, TX 77069
Agent: C.A. Lilley
Commissioner Selemon stated that he would like to make a motion to combine zone
changes, and Chairperson Starr explained to him that he could only combine zone
changes that are listed under the same agenda item.
Commissioner Selemon then made a motion to table this zone change request until
the next meeting.
Motion failed due to lack of second.
Commissioner Tetens made a motion to deny Zone Change Application No. 959,
and Commissioner Beltz seconded the motion.
Commissioner Selemon then stated that he is against the appearance of having a
public hearing on an application and voting on it the same night. He does not feel it
is a proper way to conduct their public business. He then stated that he has a
different view for the residential zonings, however, instances where the land owners
are coming in asking for "General Business", "Commercial", or "Neighborhood
Services", he feels they should spend more time making a decision.
Commissioner Beltz stated that tonight is a good example because they had 11
people speak against the request and now none of them have shown up for this
meeting.
Commissioner locco stated that he would elaborate on the same situation because
he remembers staff presented it to where they would vote on the zone change at
the next meeting, and Commissioner Selemon agreed.
Manager of Administrative Support Tobin Maples stated that he would like to
provide some comments for their statements and explained that the intent of the
City Manager and City Council for having the Joint Public Hearings and the P & Z
recommendations rendered on the same night is:
To improve customer service to the citizens of Pearland and for the applicants as
well. It will reduce the number of times the citizens will have to come to City Hall at
evening hours to present their case. It also cuts a week out of the process both for
the applicant or citizens in regards to getting the development from the point of
application to the point of a vote by City Council.
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He pointed out that they are already at a 90-day timeframe to process one zoning
case, which is absolutely ridiculous.
Commissioner locco stated his confusion about why this procedure was not sold to
them in this light.
Commissioner Selemon stated confusion as to where the other ten weeks has
gone, and Mr. Maples explained that under procedure they have to notify the paper,
residents within two hundred feet, and go take slides of the property and review the
cases.
Mr. Maples apologized for the packed agenda, but he explained that City Council
will only meet one time in December, therefore they were pressed to close these
last few zone changes before the end of the year.
Commissioner Selemon explained that it's not the packed agenda, it's the principle
of voting on them the same night. He stated that he has fewer problems with the
residential requests. He then made a comment about potential lawsuits.
Mr. Maples explains that he does not understand where P&Z needs more time, they
are still getting their packets a weekend before, and Mr. Selemon stated that it's the
appearance of rushing a decision rather than thinking about it.
Mr. Maples stated that he does not agree or disagree with the Commissioners,
however he would like to recommend that they need to bring this attention to City
Council.
Mr. Selemon stated that he did try to reach Mr. Mueller that day.
Mr. locco stated that in his case he is self-employed, and he left town Friday and
got back in town at 11:00 p.m. last night. He woke up at 5:00 this morning for work,
and he worked all day, and he has not had time to review these requests. He
explained that in the next week or two he will have time to go out and look at the
property, so he can't sit here and make a judgement when he did not have time this
weekend to go to these properties.
Mr. Maples explained that to Mr. Selemon that they cannot process "Commercial" or
"Industrial" zoning differently from "Residential." He stated that we would have to
pick a format and stick with it for all of them. He stated that doing different
procedures could really set you up for lawsuit.
Mr. Tetens stated that he agrees with Russ, however, for the ones that are cut and
dry, he does not have any problem acting on them right of way. He stated that this
first zone change is cut and dry as far as he is concerned because on the
Comprehensive Plan it calls for Low Density.
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Mr. Selemon stated that he agrees however, when you are stating that some are cut
and dry and some are not then you are adding discriminatory treatment of the
applications.
Mr. Tetens argued that it's not discriminatory if you don't understand it and need
more time to look at it, then you table the item.
Mr. Maples apologized for the misrepresentation they received.
Discussion ensued among the members about the old procedures.
Mr. Maples reminded the Commissioners that they have a workshop coming up with
ZBA, and City Council on December 9, 2000, and this would be a good item to
discuss, and if they have any further questions they can call him.
Chairperson called for a vote.
Motion to deny passed 5 to 0.
B. CONSIDERATION & POSSIBLE ACTION — Zoning Application Nos. 953 &
957
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. 953
Legal Description: Lot 19, Block 3, Skyway Manor Subdivision, H. T. & B. R.R.
Co. survey, A-241, Brazoria Co., TX, according to the map
or plat thereof recorded in Vol. 7, pgs 67-68, plat records of
Brazoria Co., TX (2951 Manvel Road)
Owner: Jose David Rosa
11410 Sharpview
Houston, TX 77072
2. Zoning Application No. 957
Legal Description: 16.655 acres in Seoction 17 of the H. T.ay StreR. Co. survey,
A-242, Brazoria Co.,
Owner: Jose C. Rodriguez
25337 Pennsylvania Avenue
San Benito, TX 78586
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Agent: Edward Maldonado
Commissioner Tetens made a motion to deny Zone Change Application No. 953
because it is a residential area, and although it is an existing business, he doesn't
feel there needs to be a business there.
Commissioner locco asked if it is an existing business, and Mr. Tetens stated that it
was shut down for awhile and now he is trying to open it back up.
Chairperson Starr asked if there is anything going on there at this time, and Mr.
Maples stated that it is nonconforming use.
Commissioner locco stated that technically there is just a metal building there.
Commissioner Beltz seconded the motion.
Commissioner locco stated that this is similar to the zone change on Stone Road
and it really bothered him. He stated that the guy was supposedly working on
automobiles actively, and to this day there is no business.
Commissioner Tetens reminded the Commissioners that what matter is what you
want the "property" to be zoned.
Motion to deny passed 5 to 0.
Commissioner Tetens made a motion to deny Zone Change Application No. 957,
and Commissioner Selemon seconded the motion.
Commissioner Tetens stated that the back part backs up to a residential subdivision
and he certainly would not want those bright lights shining in my back yard.
Commissioner locco asked they did get approved would that business have to build
a brick fence up completely around the acreage, and Manager of Administrative
Support Tobin Maples replied that it doesn't necessarily have to be brick, and they
could put up a screening device by an approved request.
Chairperson Starr reminded the Commissioners that the Comprehensive Plan calls
for General Business/Residential uses, and staff also recommended approval.
Commissioner Beltz asked if there is going to be a new driving range, and Mr.
Maples replied that they would redevelop the present one.
Mr. Maples then stated that if they would look to the subdivision to the east, there is
not going to be access to the back of the driving range, so it will be very unlikely that
the back half of this tract will be developed for residential use.
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Commissioner Selemon asked if they are going to run a road down the property of
the eastside of the property, and Commissioner Tetens replied that there would be
one down the center of the property.
Commissioner locco stated that that is how they are putting the parking lot away
from FM 518 500 feet.
Mr. Tetens showed concern for that large of a tract running back that far as
"General Business."
Chairperson Starr called for a vote.
Motion to deny passed 3 to 2.
C. CONSIDERATION & POSSIBLE ACTION — Zoning Application Nos. 954,
955, & 958.
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. 954
Legal Description: 7.066 acre tract of land being 587.40' of Lot 41, Allison
Richey Gulf Coast Home Co. Subdivision, H. T. & B. R.R.
Co. survey, Section 19, A-243, Brazoria Co., TX (4634
Hughes Ranch Road)
Owner: Mary J. Riser
Jennie Little Leazer
Hector & Maria Rios
Agent: Richard W. Diese
2. Zoning Application No. 955
Legal Description: 1.16 acres out of Lot 49, Allison Richey Gulf Coast Home
Co. Subdivision, Section 20, H. T. & B. R.R. Co. survey, A-
506, Brazoria Co., TX, according to the map of record in
Vol. 2, pgs 23-24, plat records of Brazoria Co., TX (Hawk
Road)
Owner: Larry Moser
P.O. Box 3
Pearland, TX 77588
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3. Zoning Application No. 958
Legal Description: Lot 1, Bethel Subdivision, Section 1, H. T. & B. R.R. Co.
survey, Section 19, A-243, Brazoria Co., TX (Lee Road @
Hughes Ranch Road)
Owner: Cruz A. Sosa
3406 Woodmont
Houston, TX 77045
Commissioner Beltz made a motion to consolidate Zoning Application Nos. 954,
955, and 958, and Commissioner locco seconded the motion.
Commissioner Tetens made a motion to approve Zoning Application Nos. 954, 955,
and 958, and Commissioner Beltz seconded the motion.
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.
Asst. City Engineer Andy Gallagher stated that staff recommends approval with the
comments:
1. They need to clarify the property lines in the northeast corner.
2. They need to correct the spelling of Charles Viktorin's name.
3. The need to add note 10 —denying side lot access on lots 1-7.
4. All details must be scaled.
Commissioner locco asked if the cul-de-sac widths are okay, and Mr. Gallagher
replied that they are.
Commissioner Tetens asked if the zoning is R-3 or R-4. He then stated that if it is
an R-3 then the requirement will be for 25-foot setbacks.
Mr. Gallagher then stated that the building line is currently at 25 feet.
Commissioner Tetens then stated that they need to add the word "not" to note
number 1.
Commissioner locco made a motion to approve the Preliminary Plat of West Oaks
Village Section Four with the Asst. City Engineer's comments and the two
comments added by Commissioner Tetens, and Commissioner Selemon seconded
the motion.
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Motion to approve passed 5 to 0.
E. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Oakbridge
Apartments, a subdivision of 10.0000 acres out of Lot 42, Zychlinski's
Subdivision in the H.T.&B. R.R. Survey, Abstract No. 233 and out of Lot 5
Walcott's Pearland Subdivision in the D.H.M. Hunter Survey, Abstract No.
76.
Asst. City Engineer Gallagher stated that staff recommends approval with the
recommendations and listed them as:
1. The approval will be contingent upon a traffic impact analysis before
issuance of any construction permits.
2. The approval will also be contingent upon Beazer's Master Plan.
3. They need to provide a demonstration of sewer capacity.
Mr. Gallagher then read into record a letter addressed to John Hargrove, which is
dated November 20, 2000, regarding the requirements from Al Lentz of Lentz
Engineering.
Commissioner Tetens stated that on Note 26 they need to change the spelling of
"Halik".
Commissioner Tetens made a motion to approve the Preliminary Plat of Oakbridge
Apartments subject to the corrections listed by staff, Commissioner Beltz seconded
the motion.
Commissioner locco asked with the new subdivision running across Old Alvin Road,
are the school capacities gonna be enough for elementary schools. He explained
that in the ordinance it stated that they should take into consideration the safety and
welfare of citizens. He stated that he has no idea what scale of apartments, or the
number of units.
Commissioner Selemon stated that there will have to be a new one.
Chairperson Starr stated that statistics prove that apartment complexes pay more
taxes and have less children then a subdivision would.
Al Lentz stated that he would like to make a comment. He stated that 16 months
ago this plat approved with almost 254 units on almost 15 acres. It was brought up
to final approval, and the developer decided to change. The project has been cut
back in scale to 154 units on 10 acres. This project has been zoned "Multi Family"
for almost 3 years.
Chairperson Starr called for a vote.
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Motion to approve passed 4 to 1.
F. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Retail
Service Facility, a subdivision of 0.8609 acre being tract 16, Westchester
Estates Subdivision (Unrecorded) out of Section 17, H.T.&B. R.R. Co.
Survey, Abstract No. 242, Pearland, Brazoria County, Texas.
Asst. City Engineer Gallagher stated that staff recommends approval with 3
comments and listed them as:
1 . The surveyor needs to submit a plat for the file for the number of Type 1 or
Type 2 trees on the property.
2. They need to have a traffic impact analysis done.
3. The final detention pond calculations will be due at the time of the final plat,
and they will need to coordinate with TxDOT.
Commissioner Tetens pointed out that its already zoned "General Business".
Commissioner Tetens made a motion to approve the Preliminary Plat of Retail
Service Facility with comments by staff, and Commissioner locco seconded the
motion.
Motion to approve passed 5 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Amending Plat of Rehoboth
Acres, 1 block, 7 reserves, 36.676 acres.
Asst. City Engineer Gallagher stated that staff recommends tabling due to 2 legal
issues that need to be resolved. He explained that they need to provide current tax
certificates showing paid, and the second legal issue is that the title report only
shows part of the acreage. He also added that the need to add a current date on
the title block.
Commissioner Beltz made a motion to table the Amending Plat of Rehoboth Acres,
and Commissioner Tetens seconded the motion.
Motion to table passed 5 to 0.
IV. NEXT MEETING DATES: December 4, 2000 (P & Z Meeting)
December 18, 2000 (P & Z Meeting)
*There are no Joint Public Hearings scheduled
for December.
V. ADJOURNMENT
The meeting adjourned at 8:30 P.M.
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T ese minutes res a tfully sub itted by:
`-Ten fifer Go, afes, Plann' • & Zoning Secretary
Minutes approved as submitted and/or corrected on this day of , 2000.
MI� Starr, Tanning & Zoning Chairperson
.2/7ri'irL2
411 elk
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