2001-08-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Planning and Zoning Commission
MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND HELD ON MONDAY, AUGUST 20,
2001 IN THE SECOND FLOOR CONFERENCE ROOM OF THE CITY HALL, 3519
LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
The meeting was called to order with the following present:
P&Z Chairman H. Charles Viktorin
P&Z Vice-Chairman Donald Glenn
P&Z Commissioner Todd locco
P&Z Commissioner Russ Selemon
P&Z Commissioner Robert Scherrer
City Engineer John W. Hargrove
P&Z Secretary Jennifer Gonzales
II. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Sunrise
Lakes Section Five, a subdivision of 33.64 acres of land being a partial
441. replat of the Allison Richey Gulf Coast Home Company Subdivision
Section Twenty (being part of lots 11, 13, 14, & 15), recorded in
Volume 2, Page 23-24, Brazoria County Plat Records out of the H.T.&
B. R.R. Company Survey, A-304 & John W. Maxey Survey, A-721, City
of Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with comments.
He then added that he has a comment that not only addresses this plat, but there
have been too many plats that are not addressing staffs comments. Mr.
Hargrove stated that there were six comments on this plat that were not
addressed and listed them as:
1 . They need to provide an estimated 100-year flood minimum slab
elevation.
2. That need to have the sheet flow explain
3. They need to have recordation info for the right's-of-way on FM 518
and along Sunrise Meadow.
4. A traffic signal is required under Sunrise Meadow and Sunrise Lake
due to the conclusions of the Traffic Impact Analysis.
5. Parkland fees of $36,500 are due because of the fact that the
mitigation agreement has not been signed.
6. There needs to be a 15' building line on the side lot of Lot 2.
7. They need to provide Sunrise Lakes Section 4 recordation
information.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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Planning and Zoning Commission
8. They need to add the word "scale" under the scale bar.
Commissioner locco made a motion to approve the Preliminary Plat of Sunrise
Lake Section Five with staffs comments, and Commissioner Selemon seconded
the motion.
Discussion ensued regarding an access eaement at the intersection of Sunrise
Meadow Drive and FM 518 and Ken Caffey showed an overall map of Sunrise
Lakes.
Chairman Viktorin called for a vote.
Motion to approve passed 5 to 0.
B. CONSIDERATION & POSSIBLE ACTION — Final Plat of Brazoria County
M.U.D. 21 Detention Reserve & Wastewater Treatment Plant, a
subdivision of 21.23 acres of land out of the A.C.H.&B. Survey, A-403,
Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approve with the condition
that two comments are made and if the utility approval letters are received before
signatures are obtained by the City Engineer and the City Attorney. Mr.
Hargrove listed his two comments as:
1. The recordation information is put on the plat for the 20' sanitary
sewer easement.
2. There is a call on the drawing that does not match the legal
description.
Mr. S. A. Stutes, 633 Bellevine Plantation Rd, Lafayette, LA, stated that he owns
the 40-acre tract next to the development. Mr. Stutes showed concern for the
40' easement that the developer is going to have next to his property. He stated
that he is interested in the development and is here to obtain as much
information as possible. Mr. Stutes showed the Commission where his property
is and explained that he is concerned about losing his access.
Keith Schoonover, developer, stated that the 40' easement would surround Mr.
Stutes property, in which you cannot drive on. He stated that he is asking for 20'
of one side and Mr. Stutes would still have 40' on his other sides.
City Engineer Hargrove stated that they do not have an attorney present, and he
explained that the development agreement is "real". He stated that the rule is
that you cannot over-plat the 40'.
Commissioner locco asked Mr. Stutes what access he currently has, and Mr.
Stutes replied that there is currently not a road and it is unimproved.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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Planning and Zoning Commission
Commissioner locco pointed out that the developer is going to build a road that
would get Mr. Stutes to his road.
Mr. Stutes stated that he would just like some consideration and for the
developer to not block off his property.
Commissioner locco asked Mr. Stutes what he is specifically asking for, and Mr.
Stutes replied that he is asking for some kind of agreement so that his property
will not be blocked off.
City Engineer Hargrove pointed out that the developer already has a binding
agreement.
Commissioner Scherrer pointed out to Mr. Stutes that if the developer never
builds then he would not be in any worse position.
Chairman Viktorin stated that they are there to address the approval of the
subdivision plat, and stated that this would probably be an issue between the
developer and Mr. Stutes.
City Engineer Hargrove stated that staff recommends approval with the already
listed comments.
Vice-Chairman Glenn made a motion to approve the Final Plat of Brazoria
County M.U.D 21 Detention Reserve and Wastewater Treatment Plant, and
Commissioner locco seconded the motion.
Motion to approve passed 5 to 0.
C. CONSIDERATION & POSSIBLE ACTION — Final Plat of Fairways at
Highland Glen Section One, 49.110 acres out of the D.H.M. Hunter
Survey, Abstract No. 76 & Walcott's Pearland Subdivision (Vol. 35, Pg.
241 & 242 B.C.D.R.), Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with comments,
and listed the comments as:
1. The construction drawings need to be approved.
2. They need to submit a recorded copy of the covenants.
3. They need to turn in a disk of the plat drawing.
4. They need to put the offsite utility easement recordation information
on the plat.
5. They need to provide for storm sewer reserves.
6. They need to add a street light at entry of Old Alvin.
7. The extra line at lot 1, block 1 needs to be defined.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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Planning and Zoning Commission
8. There needs to be signatures on the mylars.
Commissioner Scherrer made a motion to approve the Final Plat of Fairways at
Highland Glen Section One with staffs comments, and Commissioner locco
seconded the motion.
Motion to approve passed 5 to 0.
D. CONSIDERATION & POSSIBLE ACTION — Final Plat of Fairways at
Highland Glen Section Two, 38.667 acres out of the D.H.M. Hunter
Survey, Abstract No. 76 & Walcott's Pearland Subdivision (Vol. 35, Pg.
241 & 242 BCDR) Pearland, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1. They need to provide recordation information on the external
easements.
2. The temporary utility easement that crosses Calico Canyon Lane
needs to be abandoned.
3. The construction drawings need to be approved.
4. Add note 19 stating that all utility easements are for dry wall
utilities.
5. They need to turn in a recorded copy of the covenants.
6. They need to turn in a disk of the plat drawing.
7. The owners need to sign the mylars.
Commissioner Scherrer made a motion to approve the Final Plat of Fairways at
Highland Glen Section Two with staffs comments, and Commissioner locco
seconded the motion.
Motion to approve passed 5 to 0.
E. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
Ranch Village One Phase One-A, 5.939 acres being out of the T.C.R.R.
Co. Survey, Section 3, Abstract 678 and the Obediah Pitts Survey,
Abstract 717, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with conditional
comments and listed them as:
1. Note 7 needs to be added stating that the land is zoned "PUD" at
the time of zoning.
2. Note 8 needs to be added regarding the sidewalk requirement.
3. The city limits line needs to be corrected on the vicinity map.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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Planning and Zoning Commission
4011., 4. They need to add Zone AX and Zone X.
5. They need to remove Commissioner Tetens and Commissioner
Patro.
6. The need to add "Final Right-of-Way Plat" to title block.
7. They need to change the date from April to August.
8. The owner's signature needs to be dated.
Commissioner locco made a motion to approve the Final Plat of Shadow Creek
Ranch Village One Phase One-A with staffs comments, and Commissioner
Scherrer seconded the motion.
Motion to approve passed 5 to 0.
F. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
Ranch Village One Phase One-B, 17.834 acres out of the William Morris
Survey, Abstract 344; the T.C.R.R. Co. Survey, Section 4 Abstract 675;
the T.C.R.R. Co. Survey, Section 3 Abstract 678 and the H.T.&B. R.R.
Co. Survey, Section 82 Abstract 565, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
corrections:
1. They need to remove former Commissioner Teten's and
Commissioner Patro's name.
2. They need to add "Final Right-of-Way Plat" to the title block.
3. The owner's signature needs to be dated.
Commissioner Scherrer made a motion to approve the Final Plat of Shadow
Creek Ranch Village One Phase One-B with staffs comments, and Vice-
Chairman Glenn seconded the motion.
Motion to approve passed 5 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
Ranch SF-2, 31.997 acres being out of the T.C.R.R. Co. Survey, Section
3, Abstract 678, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1. A general comment regarding all the Shadow Creek plats is that the
engineer has put a blank for the volume and page number of the
other sections and the engineer will either need to fill in the blank or
change the text to "future section".
2. The owner's signature needs to be dated.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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Planning and Zoning Commission
Chairman Viktorin asked if it is worth the Commissioners not approving the plats
based on it being an inconvenience to the City and Mr. Hargrove replied that it
makes little difference to him, however if they disapprove the plat then the
engineer/developer will have to re-apply.
Chairman Viktorin commented that he doesn't know if it is worth Shadow Creek
Ranch going through the whole application process again.
Commissioner Selemon asked what would happen if it is tabled, and Mr.
Hargrove replied that either way it would come back to him.
Chairman Viktorin called for a vote.
Motion to deny failed 2 to 2 (1 abstention).
(Commissioner locco and Commissioner Scherrer were for the motion to
deny, Commissioner Glenn and Chairman Viktorin were against the motion
to deny, and Commissioner Selemon abstained)
H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
Ranch SF-3, 30.985 acres being out of the William Morris Survey,
Abstract 344, the T.C.R.R. Co. Survey, Section 4 Abstract 675 and the
T.C.R.R. Co. Survey, Section 3 Abstract 678, Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1. They need to flip flop text with "Mistwood" and "Waters Edge".
2. All external easements require recordation information.
3. The provided benchmark is not on the City of Pearland Benchmark
List.
4. The words "Final Plat" needs to be added to the title block.
5. The contours need to be removed.
6. The owner's signature needs to be dated.
Vice-Chairman Glenn made a motion to approve the Final Plat of Shadow Creek
Ranch SF-3 with staffs comments, and Commissioner locco seconded the
motion.
Motion to approve passed 2 to 1 (2 abstentions).
(Chairman Viktorin and Vice-Chairman Glenn were for the motion to
approve, and Commissioner Scherrer was against the motion, and
Commissioner locco and Commissioner Selemon abstained.)
I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
,,.. Ranch SF-5, 36.527 acres being out of the T.C.R.R. Co. Survey, Section
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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Planning and Zoning Commission
"'' 4 Abstract 675 and the T.C.R.R. Co. Survey, Section 3 Abstract 678,
Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1. A water and sewer easement needs to be added along East Clear
Lake Loop.
2. A 15' building line needs to be'added to lot 18, block 1.
3. Note 10, on page 2 needs to be removed.
4. The owner's signature needs to be dated.
5. The contours need to be removed.
6. They need to add "Final Plat" to the title block.
7. They need to remove former Commissioner Teten's and
Commissioner Patro's name.
8. The street name "Creekstone" needs to be changed.
9. Note 17 needs to be added stating that the land is zoned "PUD" at
time of platting.
Vice-Chairman Glenn made a motion to approve the Final Plat of Shadow Creek
Ranch SF-5 with the comments addressed by staff, and Commissioner locco
seconded the motion.
Motion to approve passed 2 to 1 (2 abstentions).
(Chairman Viktorin and Vice-Chairman Glenn voted for the motion,
Commissioner Scherrer voted against the motion, and Commissioner
Selemon and locco abstained)
J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
Ranch SF-8A, 13.031 acre being out of the William Morris Survey,
Abstract 344 and the T.C.R.R. Co. Survey, Section 4 Abstract 675,
Brazoria County, Texas.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1. A "PUD" requires a minimum of 70' lots and some are less on this
plat. Mr. Hargrove stated that 70' is measured at the building line,
not from the front of the lot.
2. "Final Plat" needs to be added to the title block.
3. Enclave Lake Lane will be continued because it is an isolated
street.
4. The construction drawings need to be approved.
5. The owner's signature needs to be dated.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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Planning and Zoning Commission
Commissioner Scherrer made a motion to approve the Final Plat of Shadow
Creek Ranch SF-8A with staffs comments, and Vice-Chairman Glenn seconded
the motion.
Commissioner locco stated that he has questions on lots 8, 9, 10, and 11 and
asked if they are supposed to be 70', and Mr. Hargrove replied that they are on
the Right-of-Way line and a listing will be provided.
Motion to approve passed 4 to 1.
(Commissioner locco voted against the motion to approve)
K. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
Ranch SF-8B, 14.313 Acres being out of the William Morris Survey,
Abstract 344 and the T.C.R.R. Co. Survey, Section 4, Abstract 675,
Brazoria County, Texas.
City Engineer Hargrove stated the staff recommends approval with the following
comments:
1. "Final Plat" needs to be added to the title block.
2. The owner's signature needs to be dated.
3. They need to provide a printout of the lot lines and building lines.
�. 4. Insert A shows a 5' electrical easements inside the water and
sewer easement, and he has a very strong objective about
electrical easements being inside water and sewer easements.
5. They need to have a benchmark that is on the City of Pearland's
list.
6. Note 17 needs to be.removed.
Commissioner Scherrer made a motion to approve the Final Plat of Shadow
Creek Ranch SF-8B with staffs comments, and Vice-Chairman Glenn seconded
the motion.
Motion to approve passed 4 to 1.
(Commissioner locco voted against the motion)
L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Park Village
Estates Section Four, a subdivision of 13.5895 acres of land out of the
H.T.&B. R.R. Co. Survey, A-509, City of Pearland, Brazoria County,
Texas.
City Engineer Hargrove stated that staff recommends approval with the following
comments:
1. "Final Plat" needs to be added to the title block.
2. They need to have a benchmark off the City of Pearland's list.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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Planning and Zoning Commission
3. They need to provide the surveyor's signature and seal.
4. They need to add "Brazoria County Deed Records" to note 5.
5. They need to provide recordation information of the two external
easements.
Vice-Chairman Glenn made a motion to approve the Final Plat of Park Village
Estates Section Four with staffs comments, and Commissioner Scherrer
seconded the motion.
Commissioner locco pointed out that it is interesting how the same mistakes are
made by the same engineering firm.
Motion to approve passed 3 to 2.
(Chairman Viktorin, Vice-Chairman Glenn, and Commissioner Selemon
were for the motion to approve, and Commissioner locco and
Commissioner Scherrer were against the motion.)
M. CONSIDERATION & POSSIBLE ACTION — Request by owner,
Friendswood Development Company for cul-de-sac lengths to exceed
the 600' maximum requirement for Shady Hollow Court and Windy
Knoll Lane in Savannah Ridge Section One.
® City Engineer Hargrove stated that his personal recommendation is as it has
always has been, however he has been instructed by City Council to require a
60' right-of-way and a 38' back-to-back pavement.
Chairman Viktorin verified that this particular development is in the E.T.J. and
asked if the Subdivision Ordinance applies in the E.T.J.
Mr. Hargrove stated that the Subdivision Ordinance does apply in the ETJ.
John Hammond stated that one cul-de-sac is 629' and the other is 649' and they
are both open-end cul-de-sacs. He stated that they could hit 600', however, the
idea is to bring the cul-de-sac to the green belt. He stated that a 38' street is like
a commercial street, and it's not ideal in a-residential subdivision.
Chairman Viktorin stated that this particular issue regarding the cul-de-sac length
is not anything new to the Commissioners.
Commissioner Selemon asked if the Fire Marshall had any comments, and Mr.
Hargrove replied that the Fire Marshall did not, however the Deputy City
Manager recommended that the developer be allowed to bring forth this request.
Vice-Chairman Glenn made a motion to approve the variance for the cul-de-sac
„,... lengths to be greater then the 600' maximum on Shady Hollow and Windy Knoll
Lane, and Commissioner Selemon seconded the motion.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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Planning and Zoning Commission
Commissioner Selemon stated that sometimes it is very hard to get down the
street with cars parked on both sides and he would like to get some input from
the Fire Marshall on this subject.
Commissioner locco stated that the variances are supposed to be based on
hardships and not on situations brought on by their own selves.
Commissioner Selemon agreed with Commissioner locco.
Motion to approve passed 3 to 2.
(Commissioner Scherrer, Chairman Viktorin, and Vice-Chairman Glenn
were for the motion to approve, and Commissioner locco and
Commissioner Selemon were against the motion)
III. NEXT MEETING DATES: September 10, 2001 (JPH & Reg. Meeting)
September 17, 2001 (Regular Meeting)
IV. ADJOURNMENT
The regular Planning and Zoning adjourned at 8:05 p.m.
These minutes respectfully submitted by:
11. ,i► -OP
ifer Gib ales, Planning & Zoning Secretary
Minutes approved as submitted and/or corrected on this / day of X2001.
/rat &4.
H. Charles Viktorin, Planning & Zoning Chairman
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
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