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2000-10-16 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 16, 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 Todd locco Commissioner Russ Selemon 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 September 18, 2000 minutes, and Commissioner locco seconded the motion. Motion to approve passed 6 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 951 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. 951 Legal Description: 2.8041 acres of land out of a 9.29 acre tract out of the South 1/2 of Lot 30 of the Allison Richey Gulf Coast Home Co. Subdivision of Section 21, H. T. & B. R.R. Co. survey, A-309, Brazoria Co., TX (Old Chocolate Bayou Road) Owner: Danny Blumrick 826 Brunswick Sugarland, TX 77478 1 Agent: Bobby Thompson of Coldwell Banker United 11717 Highland Meadow Houston, TX 77089 Chairperson Starr asked about the map and surrounding zoning. Director of Community Development & Services Tumlinson stated that there is General Business and Commercial zoning. Commissioner locco stated that on in the corner is Neighborhood Services. Commissioner Viktorin made a motion to forward Zoning Application No. 951 to City Council for approval, and Commissioner Beltz seconded the motion. Commissioner Selemon stated that his viewpoint is that "General Business" would be acceptable, and "Commercial" should not go in there due to all the residences in the area. Commissioner locco stated that he believes they had the exact same situation on the other side of the road. Commissioner Selemon commented that Tobin Maples stated that this is not consistent with the Land Use Plan. Chairperson Starr then reminded the Commissioners that they also recommended approval. Commissioner locco stated that since they didn't approve the zoning across the street then they should probably not approve this one either. Commissioner Viktorin withdrew his motion, and Commissioner Beltz withdrew his second. Commissioner Selemon made a motion to forward Zoning Application No. 951 to City Council for denial, and Commissioner locco seconded the motion. Motion to deny passed 6 to 0. B. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 940 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: 1. Zoning Application No. 940 2 Legal Description: 56.91 acres of land, more or less, out of the H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (Manvel Road @ Fite Road) Owner: G.K.F. Holdings, L.L.C. 11753 W. Bellfort, Suite 114 Stafford, TX 77477 Agent: Gary K. Ferguson Commissioner Glenn made a motion to forward Zoning Application No. 940 to City Council for approval, and Commissioner Selemon seconded the motion. Motion to approve passed 6 to 0. C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Waterbury Estates Section 3 at Silverlake, a subdivision of 10.5621 acres of land being a replat of unrestricted reserve "C" of Waterbury Estates Section 2 at Silverlake as recorded in Volume 21, pages 167 & 168 of the Brazoria County Plat records out of the R. B. Lyle survey, Abstract No. 539, Brazoria County, Texas. Variance Request: 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. City Engineer Hargrove stated that he had comments and listed them as: 1. drainage on plat needs to be corrected 2. correct scale bar 3. "Dunsmere Ct" is greater than 600', and City Council has required him to ask for 36' of back to back curb. Mr. Hargrove then stated that there is currently 28', and it is up to Planning and Zoning to look at the variance and make a decision. Commissioner locco stated that he sees 50 feet, and Mr. Hargrove stated that he is referring to "Paving feet" not "Right-of-Way" feet. Commissioner Viktorin made a motion to approve the Preliminary Plat of Waterbury Estates Section Three with the variances and comments made by the City Engineer, and Commissioner Glenn seconded the motion. Motion to approve passed 4 to 2. 3 D. CONSIDERATION & POSSIBLE ACTION — Final plat of Elliott Partners, Ltd. Subdivision, being a subdivision containing 1.25 acres located in the H.T&B. RR. Co. survey, A-242, City of Pearland, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval with the stipulation that the owner provides recordation number of the 150' Sanitary Sewer Easement. Commissioner Glenn made a motion to approve the Final Plat of Elliott Partners, Ltd. with the City Engineer's comment, and Commissioner Viktorin seconded the motion. Motion to approve passed 6 to 0. E. CONSIDERATION & POSSIBLE ACTION — Amending Plat of Malone Subdivision, a subdivision of 29.2806 acres being lot 12 of the H. Masterson Subdivision of Section 5, H.T.&B. R.R. Co. Survey, A-237, Brazoria County, Texas. City Engineer Hargrove stated that lots 2A and 2B were one lot, and this amending plat is to split those up. Chairperson Starr stated that there is o access, and City Engineer Hargrove stated that there is an 80' frontage on Hatfield Rd. Commissioner locco asked if this is close to the tower going up, and Commissioner Viktorin answered that the tower is going up on Roy Rd. City Engineer Hargrove stated that he has a comment. He then stated that this comment is to both the engineer and the owner, and commented that the County Clerk has been very inconsistent in accepting this kind of plat in the past. He then stated that she's been asking for white mylar with the ink showing on the front. He then stated that they might have to redo the drawing. Commissioner Viktorin made a motion to approve the Amending Plat of Malone Subdivision, and Commissioner Selemon seconded the motion. Motion to approve passed 6 to 0. F. CONSIDERATION & POSSIBLE ACTION — Request by owner, R. West Development Co., Inc. for a variance to the 300-foot cul-de-sac requirement for three private streets in Towne Lake Estates. Chairperson Starr asked if this is the same variance they had a few weeks ago, and City Engineer Hargrove replied that it is. 4 City Engineer Hargrove then stated that his recommendation is for approval. Commissioner Viktorin asked if Mr. Hargrove is aware of any resolution of the cul-de-sac issue with City Council, and Mr. Hargrove replied that the "private vs. public" has not gone to City Council. Mr. Hargrove then explained that the intention for the length of private streets was for apartment complexes. Commissioner Glenn made a motion to approve the variance requested by Owner, R. West Development Co., for a variance to the 300-foot cul-de-sac requirement for three streets in Towne Lake Estates, and Commissioner Viktorin seconded the motion. Commissioner locco asked if they approve the variance for Section One, do they have to keep approving it for the next sections. City Engineer Hargrove stated .that one argument in this situation is that the variances were approved on the Preliminary Plat. Motion to approve passed 4 to 1 (1 abstention). G. 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. Commissioner Beltz asked if they can legally designate three streets for private streets, and City Engineer Hargrove replied that is legal. Commissioner Beltz then stated that he's never seen that before. Director of Community Development & Services Tumlinson stated that Riverwalk Subdivision is an example. City Engineer Hargrove stated that he has the same comments as the last time the plat was presented, and listed them as: 1. They need to provide a recordation number for the external easements. 2. They need to have Brazoria Drainage District #4's for the outfall in reserve A. 3. They need to provide a separate document in the file that quotes the condition in the covenants for the maintenance fund. 4. Parkland fees of $41,300 are due. 5. Construction drawings need to be approved. 5 6. 120' drainage easement on sheet 2 needs to be dimensioned. 7. 3.5 Disk needs to be turned in. Mr. Hargrove then stated that he recommends for the plat to be signed tonight. Commissioner Glenn made a motion to approve the Final Plat of Towne Lake Estates Section One with the comments stated by the City Engineer, and Commissioner Viktorin seconded the motion. Motion to approve passed 4 to 1 (1 abstention). III. NEXT MEETING DATES: October 23, 2000 (Joint Public Hearing) IV. ADJOURNMENT The meeting adjourned at 7:15 P.M. These minutes re: • -ctfully sub itted by: ' j� ,r `• % ,A6 ", J niter G. a es, Planni & Zoning Secretary J Minutes approved as submitted and/or corrected on this day ow--, 2000. Ma 4tarr ' a nmg & Zoning Chairperson 6