2002-08-19 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, TEXAS, HELD ON AUGUST 19, 2002
IMMEDIATELY FOLLOWING THE WORKSHOP HELD WITH CITY COUNCIL, IN
THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
The regular meeting was called to order at 6:53 p.m. with the following present:
P&Z Chairman Todd Iocco
P&Z Vice-Chairman Russ Selemon
P&Z Commissioner Ray Bacon
P&Z Commissioner Sheryl Greiner
P&Z Commissioner Ruby Sandars
P&Z Commissioner Robert Scherrer
Plat and Plans Administrator Richard Keller
P&Z Secretary Jennifer Gonzales
P&Z Commissioner Don Sederdahl was absent.
H. APPROVAL OF MINUTES: August 5, 2002
Commissioner Sandars made a motion to approve the August 5, 2002 minutes with a
second made by Commissioner Greiner.
Commissioner Greiner stated that on page 3 she would like "Commissioner Sheryl" to be
changed to "Commissioner Greiner" for consistency.
Motion to approve passed 6 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — A Final Plat of The Villages at
Mary's Creek Section Two, Phase One A subdivision 25.187 acres located in the
Warren D.C. Hall League, Abstract 70, City of Pearland, Brazoria County,
Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval with
the following comments:
1. Revise the city limits on the vicinity map.
2. They need to have approved construction plans before recordation.
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. Add the recordation information for the easements.
4. Don't record until section one is recorded.
5. Add the lenders signature.
Commissioner Sandars made a motion to approve the Final Plat of Villages At Mary's
Creek Section II, Phase I with staff's recommendations. Vice-Chairman Selemon
seconded the motion.
Vice-Chairman Selemon asked if a tree disposition plan has been submitted.
Secretary Jennifer Gonzales replied a tree disposition plan has been submitted and
approved by the Urban Forrester. She stated the approved plan is in the file.
Motion to approve passed 6 to 0.
B. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Villa D'Este
Section Two, being a subdivision of 29.3450 acres of land out of the W.D.C. Hall
Survey, A-23, City of Pearland, Harris County, Texas.
This item was removed at the developer's request. The Commission took no action.
C. CONSIDERATION & POSSIBLE ACTION – Request by Lentz Engineering for
a variance from Ordinance 741-3 to allow for a detention system with a pumped
outfall for Classic Storage at Cullen Boulevard.
Plat and Plans Administrator Richard Keller stated that staff recommended voting against
the request because it was a self-created hardship.
Al Lentz of Lentz Engineering, stated that he disagrees with staff. He explained this site
is on Cullen Blvd and it used to be a sandblasting company. He stated that the property
slopes to the north to a ditch and it flows on to the neighbor's property. He stated their
objective is to try to prevent the flow from going onto someone else's property. Mr.
Lentz added the owner is trying to meet with both the City's requirements and TxDOT's
requirements and the only option that is affordable is the pumped detention system.
Chairman Iocco asked if the pumped system knows when it is full. Mr. Lentz gave the
Commission a brief overview regarding how a pumped detention system works.
Commissioner Greiner asked who would maintain the system. Mr. Lentz replied the
property owners are responsible for the maintenance.
Commissioner Scherrer made a motion to deny the request with a second made by Vice-
Chairman Selemon.
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 explained this is primarily a financial issue and he doesn't feel
they should grant the request. He added there is probably a reason the City changed the
ordinance.
Chairman Iocco concurred with Commissioner Scherrer.
Commissioner Bacon stated on Orange Street there is a pump and he asked if that was for
drainage.
Mr. Keller reminded the Commission that this ordinance is new.
Vice-Chairman Selemon stated that some pumps don't have back up power and that is an
issue.
Chairman Iocco stated they have to deal with the City's ordinance, which states they have
to grant a variance based on uniqueness.
Karen Craig, property owner, stated the property is useless without the pumped system.
She stated they have to sell the property and they are the only "Commercial" property on
Cullen Blvd. Mrs. Craig stated they already know without this drainage system the
property is useless.
.1011. Chairman Iocco stated they have to deal with the law that is in front of them.
Commissioner Sandars asked why this law was created. Chairman Iocco replied first of
all because of the maintenance and second due to the probability of flooding due to a
power outage.
Commissioner Greiner asked if there is a plan incase of a power outage. Mr. Lentz
replied they could put in a standby generator to prevent outage.
Commissioner Scherrer stated they do have an interesting debate, however the ordinance
is the ordinance and a variance can't be granted due to a financial hardship.
Commissioner Greiner stated the ordinance is a newly passed ordinance. She asked the
property owner what kind of past timeline they have for this project.
Karen Craig replied they have been working on getting their zoning since October. Mr.
Lentz added they were waiting on the zoning approval to begin the drainage study.
Chairman Iocco stated that a major problem they have in Pearland is that variances have
been granted to frequently. He stated the first reason he is against the request is because
City Council did pass this ordinance for some particular reason and his second reason is
because there is not uniqueness.
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 Sandars asked the property is mostly concrete. Mr. Lentz replied that
there is stabilized material.
Commissioner Greiner asked if the property owner could come up with a plan and come
back to the Commission. Chairman Iocco stated they could request a workshop with the
Commission and the City Council.
Commissioner Sandars requested clarification on how much land would be used if the
variance were denied. Chairman Iocco stated that if they don't use a pump then a much
bigger detention pond would have to be provided.
Commissioner Bacon asked about purchasing detention in the city. Mr. Lentz stated they
couldn't buy detention due to TxDOT's requirements.
Motion to deny passed 6 to 0.
Commissioner Sandars stated that she denied the request because of the ordinance.
Commissioner Greiner suggested for the property owner to come back and argue the
uniqueness because financial hardship is not considered a"uniqueness".
og' Commissioner Sandars stated that the Committee is making it difficult for businesses.
Vice-Chairman Selemon clarified that the Commission is not the proper venue for this
action and if the citizens did not like the ordinance then they should look into getting the
laws/ordinances changed.
IV. NEXT MEETING DATES: September 9, 2002 (Joint Public Hearing)
September 16, 2002 (Regular Meeting)
V. ADJOURNMENT
The meeting adjourned at 7:35 p.m.
These minutes res+ec�lly submitte• •+y:
S4 /1 .,Ydi%r : . 1-
Je . • •r onz.• 'Tanning& oning Secretary
I tes approved as ubmitted and/or corrected on this_day of , 2002.
Todd Iocco, 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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