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2000-10-02 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, OCTOBER 2, 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 6:31 P.M. with the following present: Chairperson (Substitute) Charles Viktorin Commissioner Emil A. Beltz Commissioner Todd locco Commissioner Russ Selemon Asst. City Engineer Andy Gallagher Director of Community Development & Services Gene Tumlinson P & Z Secretary Jennifer Gonzales II. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 950 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Light Industrial District (M-1) on the following described property, to wit: 1. Zoning Application No. 950 Legal Description: 11.983 acres out of a 27.056 acre tract out of a 48.035 acre tract being the easterly part of a 94.243 acre tract in the F.B. Drake Survey, A-1181, and the H. T. & B. R.R. Co. survey, A-413, Harris Co., TX, as recorded in Vol. 1288, pg 299, deed records of Harris Co., TX Owner: Michael J. Plank 3114 Long Bay Court Houston, TX 77059 Commissioner Viktorin made a motion to forward Zoning Application No. 950 to City Council for approval, and Commissioner Selemon seconded the motion. Motion to approve passed 4 to 0. B. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 947 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development Residential District (SDR) to Planned Unit Development (PUD) 1 for a master planned community consisting of commercial, residential, open space and golf course uses on the following described property, to wit: 1. Zoning Application No. 947 Legal Description: Tract I: 527.062 acres out of the D.H.M. Hunter survey, A- 76, Brazoria Co., A-36, Harris Co., and the H. T. & B. R.R. Co. survey, A-233, Pearland, Brazoria and Harris Co., Tract II: 15.755 acres out of Lots 30, 31, 32, 39 and 40, Walcott's Pearland Subdivision, according to the plat thereof filed in Vol. 35, pg 241 & 242, Brazoria Co. Deed Records, D.H.M. Hunter Survey, A-76, Pearland, Brazoria Co., TX Tract III: 6.000 acres out of Lots 42 & 43, Walcott's Pearland Subdivision, according to the plat thereof filed in Vol. 35, pg 241 & 242, Brazoria Co. Deed Records, D.H.M. Hunter Survey, A-76, Pearland, Brazoria Co., TX Owner: Thomas P. Alexander, Jr./City of Pearland Agent: Dan Olson of Beazer Homes Texas, L.P. Commissioner locco made a motion to forward Zoning Application No. 947 to City Council for approval, and Commissioner Selemon seconded the motion. Commissioner Beltz stated that the original acreage was originally 527 acres and now it is 548. He stated that they added two tracts and one of them shows a drilling well, and he stated his concern and would like to know what that will be. Director of Community Development & Services Tumlinson stated that the site is required by the subdivision ordinance, and Commissioner locco stated that he believes it is for mineral rights. Dan Olson, agent for Zoning Application No. 947 stated that it is a mandatory drill site for the mineral rights. He explained that this has to do with the "Surface Waiver Rights", and explained that the first of all, the City has an ordinance that you can't put a drill site within a certain number of yards within a residential development or houses. He stated secondly that they have to go through a permit process that would really be involved with the city. However, with the golf course they don't have those type of restrictions. He then stated that he meant restrictions for oil and mineral rights. He stated that you could put in wells for the water on your property, and Mr. Beltz argued that you can't do that anymore. Commissioner Beltz stated that he does not understand the purpose of adding this to the development. Mr. Olson stated that the purpose of having this is in the PUD is because it's going to be a part of the golf course. 2 Commissioner Beltz argued that that wasn't the original purpose. Mr. Olson reminded the Commissioners that it is a mandatory drill site, and it will never happen. Commissioner locco stated that they would have to abide by the noise restrictions of the City, and the drill would only be able to run during the day and it wouldn't even be able to run for 24 hours. Motion to approve passed 3 to 1. C. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 949 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. 949 Legal Description: .76 acres of land situated in a 10 acre tract in the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of the G.C. Smith Survey, Section 16, A-546, Brazoria Co., TX; (called Lot 7 of the unrecorded Sharondale subdivision) (6034 Sharondale) Owner: Bruce L. Regling 6034 Sharondale Pearland, TX 77584 Commissioner locco made a motion to forward Zoning Application No. 949 to City Council for approval and Commissioner Beltz seconded the motion. Motion to approve passed 4 to 0. D. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of The Estates of Dixie Farm, a tract or parcel of land containing 3.0245 acres out of Lots 83 & 84 of George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70 in City of Pearland, Brazoria County, Texas. Asst. City Engineer Andy Gallagher stated that staff recommends approval. Discussion ensued among the Commissioners regarding the location map, and Mr. Gallagher agreed that it needed to be corrected. Commissioner locco made a motion to approve the Preliminary Plat of The Estates of Dixie Farm, and Commissioner Beltz seconded the motion. Motion to approve passed 4 to 0. 3 E. CONSIDERATION & POSSIBLE ACTION — Final Plat of Towne Lake Estates Section One, being 42.5526 acres of land in the L.W. Murdock Subdivision recorded in Volume 29, page 174 of the Brazoria Deed Records, and out of the A.C.H.& B. Survey, A-507 and the H. Stevens Survey, A-594, Brazoria County, Texas. Variance Request: 1. To allow three out of the twelve cul-de-sac streets to be extended in length to 600' instead of the maximum allowed 300-foot length for private streets. Asst. City Engineer Gallagher stated that staff recommends approval, and he pointed out the three cul-de-sacs that are identified on the variance request letter, and also stated that staff recommends approval of the variance. He then stated that the plat will need to be approved contingent upon construction plan approval. Commissioner locco stated that he has a couple of issues he has and stated that West Development has done a good job in the past and he does not have anything against them, but if there is a problem with the ordinance then they need to change the ordinance. He feels that the only way they will get this ordinance changed is if somebody will make a stand on this issue. He stated that regarding the letter of hardship about not being able to get to the water from the residents of the land. He stated that they are leaving a little piece of land out so that people can get to that property, and he would like to know the why they don't just loose the last four lots and make a walk on one side of the lake and make the three streets connect. Commissioner locco then stated that the issue of the variances for Silverlake is not an issue in his opinion because they are in the county. Commissioner Viktorin called for a motion. Commissioner locco made a motion to deny the Final Plat of Towne Lake Estates Section One, and Commissioner Selemon seconded the motion. Commissioner Selemon stated that he believes they should change the ordinance. He then stated that he does feel bad that the preliminary plat was approved. Commissioner Beltz asked if the preliminary plat was approved with the variances, and Commissioner Viktorin replied that it was. Commissioner Viktorin stated that he feels there a number of outdated things in the subdivision ordinance, and they should not say they are not going to approve anything until the ordinance is rewritten by City Council. He stated that he doesn't think they are going to just amend a certain page, he thinks they will want to do a complete rewrite. He then stated that a "rewrite" could go on and on. Commissioner Selemon argued that they did make an exception for the 25' setback rule. 4 Commissioner Viktorin then stated that this is something that's been discussed in several meetings, and he understands that it is better to govern rules and what's in the rules, rather then to govern "exceptions" to the rules. Commissioner Selemon stated that he thinks a line needs to be drawn and they shouldn't keep approving items just because they've been done in it the past. He then used examples such as Silverlake and Countryplace. Commissioner locco stated that he feels it would be in their best interest if they know that the letter of the law is correct, especially after having the City Attorney sit there and agree with us. He then stated that they could table it. He then asked if there has been a subdivision ordinance that has been changed and not brought to the table to be voted on. Mr. Tumlinson stated that there is. Commissioner Viktorin asked Mr. Tumlinson what mechanism they have to notify City Council that this ordinance needs to be changed. He then stated that this is coming up repeatedly in every meeting and they have had this discussion with John Hargrove about this particular ordinance. He stated that John Hargrove gave two possible reasons for the basis for this ordinance. Mr. locco then stated that he this is in the ordinance and it does stated that it cannot be approved in a private gated community, therefore those are the rules they have to abide by, and he feels City Council will not listen to them; however they may listen to an angry developer. Commissioner locco stated that if they table this item it will just keep coming back. He then stated that he is keeping his motion. Motion to deny passed 3 to 1. III. NEXT MEETING DATE: October 9, 2000 (Joint Public Hearing) October 16, 2000 (Regular Meeting) IV. ADJOURNMENT The meeting adjourned at 7:05 P.M. These minutes r -ctfully subm' ed by: nifer e• e , Pla i g : oning Secretary Minutes approved as Submitted and/or corrected on this /i day of fie , 2000. f� ~ Charles Viktorin, Planning & Zoning Chairperson (Substituting for Mary Starr) 5 Commissioner Viktorin then stated that this is something that's been discussed in several meetings, and he understands that it is better to govern rules and what's in the rules, rather then to govern "exceptions" to the rules. Commissioner Selemon stated that he thinks a line needs to be drawn and they shouldn't keep approving items just because they've been done in it the past. He then used examples such as Silverlake and Countryplace. Commissioner locco stated that he feels it would be in their best interest if they know that the letter of the law is correct, especially after having the City Attorney sit there and agree with us. He then stated that they could table it. He then asked if there has been a subdivision ordinance that has been changed and not brought to the table to be voted on. Mr. Tumlinson stated that there is. Commissioner Viktorin asked Mr. Tumlinson what mechanism they have to notify City Council that this ordinance needs to be changed. He then stated that this is coming up repeatedly in every meeting and they have had this discussion with John Hargrove about this particular ordinance. He stated that John Hargrove gave two possible reasons for the basis for this ordinance. Mr. locco then stated that in the ordinance it does say that it cannot be approved in a private gated community, therefore those are the rules they have to abide by, and he feels City Council will not listen to them; however they may listen to an angry developer. Commissioner locco stated that if they table this item it will just keep coming back. He then stated that he is keeping his motion. Motion to deny passed 3 to 1. III. NEXT MEETING DATE: October 9, 2000 (Joint Public Hearing) October 16, 2000 (Regular Meeting) IV. ADJOURNMENT The meeting adjourned at 7:05 P.M. ese minutes re-. • - ully sub ed by: �Je ( i er •n - es, 'Ianni is Zoning Secretary Minutes approved as submitted and/or corrected on this / R day of lk-= , 2000. ?4/ al /11/" .. Charles Viktorin, Planning & Zoning Chairperson (Substituting for Mary Starr) 5