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2001-03-05 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, MARCH 5, 2001, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARINGS, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at 8:02 p.m. with the following present: Chairman H. Charles Viktorin Vice-Chairman Donald Glenn Commissioner Emil A. Beltz Commissioner Todd locco Commissioner Randy Patro Commissioner Russ Selemon Commissioner Richard F. Tetens City Engineer John W. Hargrove Manager of Administrative Support Tobin Maples P&Z Secretary Jennifer Gonzales II. APPROVAL OF MINUTES: February 19, 2001 Commissioner Tetens stated that he thought they tabled agenda items A & D. The Commissioners agreed that the motion was to recommend approval contingent upon verification that the applications met the requirements of the requested zoning. Manager of Administrative Support Tobin Maples stated that he would like to clarify that the applications did not meet the required standards, therefore staff will have to re-advertise and another Joint Public Hearing will be required. Commissioner locco made a motion to approve the February 19, 2001 minutes, and Vice-Chairman Glenn seconded the motion. Motion to approve passed 6 to 0 (Russ Selemon abstained due to his absence). III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NOS. 501, 593, & 596. Mission Statement:To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 1 Planning and Zoning Commission Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Mobile Home District (MH) on the following described property, to wit: 1. Zoning Application No. 501 Legal Description: 1.450 acres out of Lot 8, being the Southeast 1/4 of the Northwest 1/4 of the H. T. & B. R.R. Co. survey, Section 14, A-509, Brazoria Co., TX (3713 Aubrell (old address: 16111 Aubrell)) Owner: Raymond & Rita Girod 3713 Aubrell Pearland, TX 77584 2. Zoning Application No. 593 Legal Description: Lots 4 & 5, Block 2, Wagon Wheel Addition, H. T. & B. R.R. Co. survey, A-509, according to the plat records of Brazoria Co., TX (6118 Larrycrest) Owner: John & Evie Johnson 6118 Larrycrest Pearland, TX 77584 3. Zoning Application No. 596 Legal Description: Being 2.00 acres, Roy Acres II, Tract 168J-169U, H. T. & B. R.R. Co. survey, A-308, plat records of Brazoria Co., TX (7902 Warren) Owner: Wesley & Phyllis Shafer 7902 #2 Warren Pearland, TX 77584 Commissioner Tetens made a motion to forward Zoning Application Nos. 501, 593, and 596 to City Council for denial, and Commissioner Beltz seconded the motion. Motion to deny passed 7 to 0. B. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 967 Mission Statement:To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 2 Planning and Zoning Commission Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-2) to Single Family Dwelling District Planned Unit Development District (R-2 PUD) on the following described property, to wit: Zoning Application No. 967 Legal Description: 60 acres, being Tracts 26-31 H. T. & B. R.R. Co. survey, A-219, Brazoria Co., TX (Hatfield Road) Owner: Ronald Noles and Billy Noles 1730 Hatfield Road Pearland, TX 77581 Agent: James Cornelius Vice-Chairman Glenn made a motion to forward Zoning Application No. 967 to City Council for approval, and Commissioner Beltz seconded the motion. Commissioner Tetens stated that they couldn't approve or act on this request with the 20-foot setbacks on the lots, which are not allowed in the zoning ordinance. Mr. Tetens stated that the lots should have 25-foot setbacks and the only 20-foot setbacks that are allowed are lots that meet the square footage requirement, which means they have to be a 100-feet deep and all of these lots are under 100-feet. City Engineer Hargrove reminded the Commissioners that this is a "PUD". Chairman Viktorin asked staff to address this situation. Manager of Administrative Support Tobin Maples stated that he would first like to clarify that he is in no way being argumentative. He stated that everyone is entitled to there own opinion. He stated that staffs interpretation of a Planned Unit Development is when a developer comes in with a unique project because they would like to propose a mixed use of development standards that are not allowed or that are different from just the straight request of a standard R-1 through an R-4. He stated that also staffs interpretation of "PUD" is that when the developer submits a "PUD" document, they are proposing what development standards they would like, however, the Planning and Zoning Committee has the authority to recommend whether or not they would like to accept those standards. He then stated that City Council has the right to accept those deviations. He stated that he does not even like to use the word "variance" within a "PUD" document because a "PUD" is proposing their own development standards. Mission Statement:To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 3 Planning and Zoning Commission Commissioner locco asked if this would be similar to the agreement with Silverlake on the 5-foot setbacks on the sideyards. Commissioner Tetens argued that it is accepting something that is not allowed in our Subdivision Ordinance. Commissioner locco argued that what other benefits would a developer have when they come to us with a "PUD". Commissioner Tetens stated that City Council has the authority to allow for them to do something "different" and the Commissioners can recommend for them to approve this however, his own personal preference is that he will not recommend something that does not meet the City's ordinance. Commissioner Patro stated that he has a problem with calling the lots an "R-2" or an "R-1", and some of these lots fit in an "R-3". He stated that the developer should just call it for what it is. He then stated that he feels like the developer is trying to disguise something, and he strongly disagrees with this. He stated that he feels like there is some "verbiage" that needs to be addressed in the Land Use book and this is going to be a conflict every time a "PUD" comes to them. Chairman Viktorin stated that from listening to the Commissioner's he feels like they are questioning the whole concept of a "PUD". He stated that the Commissioner's are saying that a "PUD" has to meet the regular standards of zoning. He stated that from what he remembers learning, a "PUD" is used to allow a developer to be able to come in and maximize green space and to vary some of the setbacks so they won't have a "generic" looking frontage. Commissioner Patro argued that the developers are taking advantage of a "PUD". Commissioner Tetens agreed with the maximizing of green space, however he does not agree that any density should be any greater then what is allowed in that zoning designation. Commissioner locco asked if the developer came to them with out doing a "PUD" and requested just the "R-2" zoning, what would be the significant difference, and Mr. Hargrove replied that the lot size and setbacks. Mr. Maples stated that he is understanding that the Commissioners are having philosophical difference with the "verbiage" of a "PUD", and explained that the overall density meets the "verbiage" that is dictated by a "PUD" and that does meet the intent of the ordinance. He then stated that if the Commissioners have a problem with the ordinance then they need to get together and work on making an amendment to the Land Use Ordinance. Mission Statement:To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 4 Planning and Zoning Commission Commissioner Selemon asked if a "PUD" includes detention, and Mr. Maples stated that it is exclusive of detention, right-of-ways, and is basically a development of land. Commissioner Selemon stated that he has another concern regarding this "PUD", and stated that he would not want to live on one of those lots with "M-1" zoning located right across the street because of inadequate buffering and/or greenbelt area between the lots and M-1 zoning. Chairman Viktorin called for a vote. Motion to approve passed 4 to 3. C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 971 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Single Family Dwelling Planned Unit Development District (R-1 PUD) on the following described property, to wit: Zoning Application No. 971 Legal Description: 124.4087 acres, out of 297.58 acres conveyed to Aaron Pasternak by Warranty Deed dated January 14, 1969 and recorded in Vol. 1023, pg 297, Deed Records of Brazoria Co., TX and being in the Warren D.C. Hall League, A-70, Brazoria Co., TX (Pearland Parkway) Owner: 313 Acre Pearland Joint Venture ET AL Matt Pasternak 2142 Bolsover Houston, TX 77005 Agent: John H. Taylor, Trustee Commissioner Tetens made a motion to forward Zoning Application No. 971 to City Council for denial, and Commissioner Patro seconded the motion. Commissioner Tetens stated that first of all the density is too great. He explained that it is an "R-1", and they are changing to an "R-1 PUD", which would be budded up to an "RE" sized lot subdivision. He then stated that he doesn't think it would be good to have such small lots backing up to half-acre size lots. He stated that the lot sizes are too small and there are too many of them. Mission Statement:To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 5 Planning and Zoning Commission Commissioner Selemon agreed with Commissioner Tetens and stated that there are 60' lot widths, and he would like to see bigger lots if possible. Commissioner Patro asked where the information is on the setbacks for the sideyards, and Mr. John Taylor stated that it is located in the "Zoning" section. Manager of Administrative Support Tobin Maples stated that you could only do one single-family unit per lot. Mr. John Taylor stated that there is a 25-foot front building line and 15-foot sideyard setbacks. He then stated that the setbacks are just the same as every place else. Chairman Viktorin called for a vote. Motion to deny failed 4 to 3. Commissioner locco made a motion to forward Zoning Application No. 971 to City Council for approval, and Commissioner Beltz seconded the motion. Commissioner Patro stated that the developer is putting "R-3" sized lots in an "R- 1" zoned area and that is a practice that they do not need to have, and they need to call it for what it is. Commissioner Tetens stated that City Council is not passing very many R-3's or R-4's, so now the developer's are coming to them with R-1's and R-2's, making a "PUD" into small lots. Commissioner locco argued that the Commissioner's are going by what the ordinance says, and according to staff this request does meet the ordinance, and that is what the Commissioner's are voting on. He stated that if the ordinance is incorrect then they need to let City Council handle that issue and correct it. He stated that he does agree with the Commissioner's however, they are going by the rules of the ordinance. Commissioner Tetens argued that this is currently an "R-1" and they don't have to approve the request for an "R-1 PUD". Chairman Viktorin called for a vote. Motion to approve passed 4 to 3. D. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 973 Mission Statement:To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 6 Planning and Zoning Commission 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: Zoning Application No. 973 Legal Description: 5 acres, being the South 1/2 of Lot 50, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R. R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat thereof appearing in Vol. 2, pg 23-24, plat records of Brazoria Co., TX (1738 Stone Road (old address: 13418 Stone Road)) Owner: Mario Victorino & Ana Liza Juguilon 1738 Stone Road Pearland, TX 77581 Commissioner Tetens made a motion to forward Zoning Application No. 973 to City Council for approval, and Commissioner Patro seconded the motion. Motion to approve passed 7 to 0. E. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 972 & 974. Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R- E) on the following described property, to wit: 1. Zoning Application No. 972 Legal Description: Tract 4, out of and a part of Commercial Reserve, Block 2, West Lea Subdivision, Section 1, as per the map or plat thereof as recorded in Vol. 10, pg 19, Brazoria Co. plat records, Brazoria Co., TX (Manvel Road) Owner: Juan Herrera 506 Manor Houston, TX 2. Zoning Application No. 974 Mission Statement:To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 7 Planning and Zoning Commission Legal Description: A 5.364 acre tract located in Lot 11, H. T. & B. R. R. Co. survey, Section 14, A-509, Brazoria Co., TX (5509 Bailey Road) Owner: Ken & Patricia Smith 4016 Hazelwood Drive Pearland, TX 77584 Commissioner Beltz made a motion to forward Zoning Application Nos. 972 & 974 to City Council for approval, and Commissioner locco seconded the motion. Motion to approve passed 7 to 0. F. DISCUSSION & POSSIBLE ACTION — Discussion and Action regarding a recommendation to City Council exempting certain tracts of land from the platting requirement. Discussion ensued among the Commissioners regarding a possible amendment to the Subdivision Ordinance that will allow individuals under certain circumstances to be exempt from the platting requirement. Chairman Viktorin stated that they are making a recommendation for staff to and in conjunction with the City Attorney to alleviate this requirement. He stated that this has been done in coordination with staff, who is the primary customer of this situation. Vice-Chairman Glenn asked if there are any other guidelines for the property to be eto not be subdivided. City Engineer Hargrove stated that first of all it cannot be a subdivision, and the other comment is that there can be no extension involved of City water and sewer mains or streets to reach the lot. Commissioner Beltz asked if staff could have the City Attorney draw up a motion for Planning and Zoning that would qualify under the requirements that the City Engineer listed. Chairman Viktorin stated that that is the intent of this discussion item. Commissioner Tetens asked if a legal description would be included with the property. Mr. Hargrove replied that there are a number of items that would have to be fulfilled such as having a right-of-way or an easement that has to be passed, which can be done with a written instrument. He stated that the processing and Mission Statement:To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 8 Planning and Zoning Commission Commissioner locco stated that even though he likes the extra Mondays off, he feels that it is in the best interest of the City and the citizens to have an extra week for them to think about the zone changes. Commissioner Selemon agreed. Vice-Chairman Glenn stated that he also would prefer the old way. IV. NEXT MEETING DATE: March 19, 2001 (P&Z & JPH) V. ADJOURNMENT The meeting adjourned at 9:01. These minutes res• -•ljully sub i ed by: il/7 J, nifer Go aPfs, 'lanni • & Zoning Secretary Minutes approved as submitted and/or corrected on this// day of Aft6(-2001. 4J 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. 10