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2001-11-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPlanning and Zoning Commission MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 19, 2001, IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER The meeting was called to order at 8:09 p.m. with the following present: P&Z Chairman H. Charles Viktorin P&Z Commissioner Kevin McDonald P&Z Commissioner Robert Scherrer P&Z Commissioner Don Sederdahl P&Z Commissioner Russ Selemon Development Coordinator Mona Phipps Plans and Plant Administrator Richard Keller P&Z Secretary Jennifer Gonzales P&Z Vice-Chairman Donald Glenn and P&Z Commissioner Todd Iocco were absent. II. APPROVAL OF MINUTES: November 12, 2001 Commissioner Sederdahl made a motion to approve the November 12, 2001 minutes with a second made by Commissioner McDonald. Motion to approve passed 4 to 0 (1 abstention). III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION—Specific Use Application No. 99 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Commercial District (C) to Commercial District-Specific Use (C(S)) for warehouse and open storage on the following described property, to wit: Specific Use Application No. 99 Legal Description: 4.69 acres, being Lot 7A, which is the South t/2 of Lot 7, Allison Richey Gulf Coast Home Co. Subdivision of Suburban Gardens, Section 19, H. T. & B. R.R. Co. survey, A-243, as recorded in Volume 111, pg 184, Deed Records of Brazoria Co., TX (2109 Cullen Boulevard) Owner: Classic Storage 8909 Hughes Ranch Road Pearland,TX 77584 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 40" Commissioner Sederdahl made a motion to table Specific UseApplicationNo. 99 with a second made by Commissioner Scherrer. Motion to table passed 4 to 1. Voting Record Voting "Aye"—Commissioners Sederdahl, McDonald, Selemon and Scherrer. Voting "No"— Chairman Viktorin. B. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1010 Request 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: Zone Change Application No. 1010 Legal Description: 4.965 acres, H. T. & B. R.R. Co. survey,A-240, out of Lots 76 and 77, Figland Orchard Subdivision No. 1, as recorded in Volume 3, pg 77, Brazoria Co. Plat Records, Brazoria Co., TX (2942 Wagontrail Road) Owner: Maria De Viveiros and Evangelos Golfis 2431 Laura Lane Pearland, TX 77581 Agent: C. K. Stephenson Commissioner Scherrer made a motion to forward Zoning Application No. 1010 to City Council for denial with a second made by Commissioner Selemon. Commissioner McDonald asked about the statement made at the Public Hearing regarding the masonry, and Development Coordinator Mona Phipps explained that the masonry requirement is applied at the time of development and it only applies to the two residential properties on the south side. Chairman Viktorin inquired about an auto repair shop on the corner of Fite and Wagontrail and Ms. Phipps stated that there is an auto repair shop on both corners that have been grandfathered into the city. Commissioner Selemon showed concerns about the warehouse turning into a dump for old computers. Discussion ensued regarding the possibility of purchasing a new camera to take better pictures of the surrounding properties of the applications. Chairman Viktorin called for a vote. 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 Motion to deny passed 4 to 1. Voting Record Voting "Aye"— Commissioners Sederdahl, McDonald, Selemon and Scherrer. Voting "No"— Chairman Viktorin. C. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1012 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Heavy Industrial District (M-2) to Single Family Dwelling District R-2) on the following described property,to wit: Zone Change Application No. 1012 Legal Description: 10.20 acres, A. C. H. & B. Survey, Section 2, A-507, as recorded in Volume 767,page 299,Deed Records of Brazoria Co.,TX Owner: Jud G. Alexander P.O. Box 769 Brenham,TX 77834 Agent: Dale Hurt Commissioner Scherrer made a motion to forward Zoning Application No. 1012 to City Council for denial with a second made by Commissioner McDonald. Commissioner Scherrer referred to Council Member Seegers comment about letting the genie out of the bottle regarding the allowance for "residential" zoning in this area. Mr. Scherrer then explained that he feels that it is time for the Commission to put the "genie back in the bottle". Mr. Scherrer also stated that once the zoning is approved for a particular use, he remembers the City Attorney instructing the Commission that they cannot deny a plat (because they think there might be a better use) once all the requirements are met. Commissioner Selemon agreed with Commissioner Scherrer and he feels that by leaving this property as "M-1", the property has more of a chance of being used for detention. Mr. Selemon stated that he was hoping that the area would be re-looked at as far as zoning because he does not like how the process is going and he referred to "piece-mealing". He then stated that not all of the Commission let the genie out of the bottle, and that he was against the other two applications for "R-2" in this area, which was approved last week by City Council. Discussion ensued among the Commission regarding the difference between a commercial and a residential property, and City Engineer Hargrove explained that a great deal of money and time has been spent on the drainage manual, and to say that one particular land ar. 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 use could cause more of a drainage problem should not be a consideration regarding the zoning of the property. Commissioner McDonald suggested denial of the application and let the owner keep it as Suburban Development, and he stated that he too attended the APA Conference and the planners did say that it was not good to have residential along a railroad. Chairman Viktorin stated that he has always encouraged the Commission to recommend something if they do deny the application. Mr. Viktorin explained that he did not respond the Council Member's comment that was made regarding the conference and that Council Member Tetens did eloquently verbalize his response for him. Chairman Viktorin called for a vote. Motion to deny passed 5 to 0. D. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1013 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Heavy Industrial District (M-2) to Single Family Dwelling District R-2)on the following described property,to wit: Zone Change Application No. 1013 y.. Legal Description: 23.12 acres, being Lot 9, Section 12, H. T. & B. R.R. Co. survey, A- 508, recorded in Volume 355, page 550, Deed Records of Brazoria Co., TX Owner: Sheesley Trust,Alan Swenson, Trust Officer Three G Investments Ltd,Larry Gardner Delmer Q. Bowman Family Trust Agent: Dale Hurt Commissioner Scherrer made a motion to forward Zoning Application No. 1013 to City Council for denial with a second made by Commissioner Selemon. Motion to deny passed 5 to 0. E. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1008 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Commercial District (C) and Heavy Industrial District (M-2) to Single Family Dwelling District(R-2) on the following described property,to wit: Zone Change Application No. 1008 111116. 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 Legal Description: Being Lots 9A and 12A, Section 12, if. T. & B. Survey, A-508, Brazoria Co.,TX Owner: Randall L. Ferguson 2414 S. Park Pearland,TX 77581 Agent: Dale Hurt Commissioner Sederdahl made a motion to forward Zoning Application No. 1008 to City Council for denial with a second made by Commissioner Scherrer. Commissioner Selemon stated that between these two lots, which are combined on one application, he could deal with the western half as "R-2", however, for the 20-year horizon he would like to keep the area next to the railroad as "M-2" especially because it is a Foreign Trade Zone. Commissioner Scherrer agreed with Commissioner Selemon. Development Coordinator Mona Phipps stated that it is "M-2" all the way down to CR 101, then it is Suburban Development from that point on. Motion to deny passed 5 to 0. F. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake Commercial Park Phase 10, A subdivision of 11.4064 acres of land out of the R.B. Lyle Survey, Abstract No. 539, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with the following comments: 1.Signatures required. 2.They need to provide a scale factor for the coordinates. 3.They need to present adequacy of streetlights. 4.There are seven corrections that need to be made on the meets and bounds description. Commissioner Sederdahl made a motion to approve the Final Plat of Silverlake Commercial Park Phase 10 with staff's comments, and Commissioner Selemon seconded the motion. Motion to approve passed 5 to 0. G. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake Commercial Park Phase 11, a subdivision of 17.4427 acres of land out of the 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 H.T&B. R.R. Co. Survey, Abstract 300 and the R.B. Lyle Survey, Abstract 539, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with six comments and listed them as: 1.Signatures needed on plat. 2.Surveyors seal is required. 3.The existing lift station at the corner of the property needs to be plotted. 4.The adjacent recorded plat showed CR 94A, and it is not on this plat. 5.Small correction is needed on vicinity map. 6.A scale factor is needed for the coordinates. Chairman Viktorin asked if these corrections have been requested already, and Mr. Keller responded that they were on the staff review. Mike Harney of Jones & Carter stated that most of the problems have been addressed on the mylars. City Engineer Hargrove questioned how they did not have the time to make the corrections before they ran the prints for the submittal and he would like to see that come to an end. He explained that staff spends a lot of time on these plats making the same comments. Commissioner Selemon made a motion to table the Final Plat of Commercial Park Phase 11 with a second made by Commissioner Scherrer. Motion to table passed 5 to 0. H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake Commercial Park Phase 12, A subdivision of 2.5703 acres of land out of the R.B. Lyle Survey, Section 86, Abstract No. 539, Brazoria County, Texas. Plat and Plans Administrator Keller stated that this is the same situation and staff recommends approval with the following corrections: 1.Signatures needed on plat. 2.Surveyors seal is required. 3.Adjacent easement is not recorded. 4.Small correction is needed on vicinity map. 5.A scale factor is needed for the coordinates. Chairman Viktorin asked if these corrections have also been requested, and Mr. Keller responded that they were also on the staff review. 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 Commissioner Sederdahl made a motion to table the Final Plat of Commercial Park Phase 12 with a second made by Commissioner Scherrer. Motion to table passed 5 to 0. Chairman Viktorin briefly explained that the Commission does not have to approve the plats based upon contingencies and they are starting to be less lenient due to plats coming in with numerous mistakes in the past. Commissioner Selemon added that it does put an extra burden on staff to monitor the plats with corrections. Commissioner Scherrer pointed out that this is not directed to any particular developer. I. CONSIDERATION & POSSIBLE ACTION — Final Plat of A&S Estates out of Allison Richey Gulf Coast Home Company's part of Suburban Gardens Subdivision, Section 20, in the H.T.&B. R.R. Co. Survey, Abstract — 506, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with no corrections. 40". Commissioner Scherrer made a motion to approve the Final Plat of A&S Estates with a second made by Commissioner Sederdahl. Motion to approve passed 5 to 0. J. CONSIDERATION & POSSIBLE ACTION — Final Plat of B.C. Mud 21 Water Plant Site No. 1, a subdivision of 2.186 acres of land out of the J.S. Talmage Survey, A-562, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with no corrections. Commissioner Sederdahl made a motion to approve the Final Plat of A&S Estates with a second made by Commissioner Selemon. City Engineer Hargrove explained that the engineer responded as staff requested by leaving the two commissioner names blank due to the fact that the plat was on hold for a long time and there were no commissioners at the time. Motion to approve passed 5 to 0. K. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF-7A, 13.007 acres, being out of the T.C.R.R. Co. Survey, Abstract 675 and the T.C.R.R. Co. Survey, Section 33, Abstract 678, Brazoria County, Texas. 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 Plat and Plans Administrator Keller stated that staff recommends approval with one condition and that is that this plat cannot be recorded until the Sapphire Bay plat is recorded. Commissioner McDonald made a motion to approve the Final Plat of Shadow Creek Ranch SF-7A with staff's comments and Commissioner Selemon seconded the motion. Motion to approve passed 5 to 0. L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF-7B, 18.907 acres, being out of the T.C.R.R. Co. Survey, Section 4 Abstract 675 and the T.C.R.R. Co. survey, Abstract 678, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with no corrections. Commissioner Scherrer made a motion to approve the Final Plat of Shadow Creek Ranch SF-7B with a second made by Commissioner McDonald. Motion to approve passed 5 to 0. M. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF-9A, 20.893 acres, being out of the T.C.R.R. Co. Survey, Section 4, Abstract 675 and the William Morris Survey, Abstract 344, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with no corrections. Commissioner Sederdahl made a motion to approve the Final Plat of Shadow Creek Ranch SF-9A with a second made by Commissioner Selemon. Commissioner Selemon asked if "Silver Bay" is a street or a drive, and City Engineer Hargrove thanked him for noticing that and he stated that would have to be added. Motion to approve passed 5 to 0. N. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF-9B, 41.525 acres, being out of the T.C.R.R. Co. Section 4, Abstract 675, the T.C.R.R. Co. Survey, Section 3 Abstract 678, and the William Morris Survey, abstract 344, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with no corrections. 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 m. Commissioner Sederdahl made a motion to approve the Final Plat of Shadow Creek Ranch SF-9B with a second made by Commissioner Selemon. Motion to approve passed 5 to 0. O. CONSIDERATION & POSSIBLE ACTION — Final Plat of Park Village Estates Section Five, a subdivision of 13.3427 acres of land out of the H.T.&B. R.R. Co. Survey, A-509, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with one condition that they have to service the grid factor on coordinates and he would like to the streets to read in one direction. Discussion ensued between staff and the Commission regarding the issue that once the changes are made on the mylar then new signatures would be required, and Commissioner Selemon recommended tabling the plat until the corrections are made. Commissioner Selemon made a motion to table the Final Plat of Park Village Estates Section Five with a second made by Commissioner McDonald. Motion to table passed 5 to 0. P. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Park Village Estates Section Six, a subdivision of 8.1901 acres of land out of the H.T.&B. R.R. Co. Survey, A-509, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with the same condition that they have to service the grid factor on coordinates and he would like to the streets to read in one direction. Commissioner Scherrer made a motion to approve the Preliminary Plat of Park Village Estates Section Six with staffs comments, and Commissioner Sederdahl seconded the motion. Commissioner Selemon pointed out that this plat contains the same street direction problem and Chairman Viktorin stated that this plat is only the preliminary and it can be corrected for the final. Motion to approve passed 5 to 0. Q. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Coward Creek Crossing, being a replat of 16.559 acres of land out of lot 2 and lot 11 of Einar Hoildale's Subdivision, Recorded under Volume 238, Page 13, B.C.M.R. out of the B.B.B. & C.R.R. Co. Survey, Abstract No. 160, Galveston County, Texas and Brazoria County, Texas. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 9 Planning and Zoning Commission Plat and Plans Administrator Keller stated that this is an unusual subdivision plat and he stated that most of it is located in Friendswood and the following corrections are required: 1.They need to dedicate 30' of right-of-way in the front. 2.They need 8 streetlights. 3.The right-of-way dedication cannot extend onto un-platted property on both roads (CR 129 and CR 548). 4.They need to take out the reference in the meets and bounds description regarding FM 2351. 5.The chord bearing of C17 does no match. 6.The plat needs owner signatures. 7.They need to plot the temporary benchmarks on plat. Commissioner Sederdahi made a motion to approve the Preliminary Plat of Cowards Creek Crossing with staff's comments, and Commissioner McDonald seconded the motion. Motion to approve passed 5 to 0. R. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Savannah Ridge Section Three, Being 19.5 out of the A.C.H&B. Survey, A-403, Brazoria County, Texas. AN- Plat and Plan Administrator Keller stated that staff recommends approval with three corrections: 1.They need to remove 2 streetlights. 2.They need to show the utility easement on block 3. 3.They need to provide ownership information to the west. Commissioner McDonald made a motion to approve the Preliminary Plat of Savannah Ridge Section Three with staff's comments, and Commissioner Scherrer seconded the motion. Motion to approve passed 5 to 0. S. DISCUSSION ITEM —Cullen Blvd Land Use Plan. Development Coordinator Mona Phipps presented two maps to the Commission, one being a map that contains more residential favor, and one that contains more business favor. Ms. Phipps also presented a large map that contained comments from the Public Hearing. Pat Pounds, resident, showed her property and the PISD property on the map. She briefly explained that she was hoping the area around the school would be residential. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 10 Planning and Zoning Commission Commissioner Sederdahl asked what the goal of the evening was, and Ms. Phipps explained that Executive Director of Community Development Tobin Maples would like for them to review the two maps presented and eventually combine the two and create one map. Chairman Viktorin stated that the Commissioners need to focus on what type of zoning should be along a thoroughfare. Pat Pounds stated that the Committee was trying to push for "Commercial" and "General Business" over at McHard and Cullen Blvd. Commissioner McDonald suggested possibly extending Neighborhood Services down to Cullen Blvd. Chairman Viktorin stated that from the discussion he understands that the Commission agrees that there should be more business along the thoroughfares. Commissioner Sederdahl explained that once they make a decision on this plan he feels that they should have consistency. Commissioner Selemon suggested having "Multi-Family" as a buffer along the thoroughfare. Discussion ensued between the Commission and staff regarding the terminology, and Ms. Phipps suggested having "high-density", which would accommodate "Multi-Family" zoning. Commissioner McDonald agreed about having "multi-family" as a buffer along the thoroughfare. Development Coordinator Phipps pointed out the area along Highway 288 in the Comprehensive Plan and she stated that it is a "general" zoning, and she explained that whatever they do decide would just be a guide and not actual zoning of the properties. Commissioner Sederdahl made a motion to end the discussion and Commissioner McDonald seconded the motion. Motion to end discussion passed 5 to 0. IV. NEXT MEETING DATES November 26, 2001 (HGAC Workshop) December 3, 2001 (Regular P&Z) December 17, 2001 (Regular P&Z) i Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 11 Planning and Zoning Commission V. ADJOURNMENT The meeting adjourned at 10:05 p.m. These minutes respect ' submitted ., : dli lollII / J ifer Gonz: : s, Pla ing :ening Secretaryr Minutes approved as submitted and/or corrected on this 3 day of icar 2001. o___,2 /. .&-_. Charles Viktorin, Planning & Zoning Chairman 4011. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 12