2002-06-10 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 JUNE 10, 2002
IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARINGS, IN THE SECOND
FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
I. CALL TO ORDER
The meeting was called to order at 7:45 p.m. with the following present:
P&Z Chairman (acting) Todd Iocco
P&Z Commissioner Kevin McDonald
P&Z Commissioner Robert Scherrer
P&Z Commissioner Don Sederdahl
P&Z Commissioner Russ Selemon
Plat and Plans Administrator Richard Keller
P&Z Secretary Jennifer Gonzales
Vice-Chairman Donald Glenn was absent.
H. APPROVAL OF MINUTES: June 03,2002
41016.
Commissioner Selemon made a motion to approve the June 3, 2002 minutes as presented.
Commissioner Scherrer seconded the motion.
Commissioner Iocco stated that the secretary did a good job on the wording of the minutes.
Motion to approve passed 5 to 0.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Election of a new Planning and
Zoning Chairperson.
Commissioner Selemon made a motion to nominate Todd Iocco for Chairman with a second
made by Commissioner Sederdahl.
Commissioner Iocco asked three times for any other nominations.
Motion to nominate Todd Iocco as Chairman passed 5 to 0.
B. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1040
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
Page 1 of 7
Planning and Zoning Commission
Request for an amendment to the existing Shadow Creek Ranch Planned Unit
Development (PUD) to add a comprehensive sign program, on the following described
property, to wit:
Zone Change Application No. 1040
Legal Description: Being 3305 acres of land, more or less, located in the Dupuy and
Roberts Survey, Abstract 726, Brazoria Co.; William Morris
Survey, Abstract 344, Brazoria Co.; T.C. R.R. Co. Survey,
Section 3, Abstract 678, Brazoria Co.; T.C.R.R. Co. Survey,
Section 4 (John W. Maxey), Abstract 675, Brazoria Co.; Obediah
Pitts Survey, Abstract 717, Brazoria Co.; H. T. & B. R.R. Co.
survey, Section 80 (J.S. Talmage), Abstract 564, Brazoria Co.; H.
T. & B. R.R. Co. Survey, Section 81, Abstract 300, Brazoria Co.;
H. T. & B. R.R. Co. Survey, Section 82 (J.S. Talmage), Abstract
565, Brazoria Co.; H. T. & B. R.R. Co. Survey, Section 83,
Abstract 305 in Brazoria Co. and Abstract 761 in Fort Bend Co.;
S.G. Haynie Survey, Abstract 212 in Brazoria Co. and Abstract
620 in Fort Bend Co.; Franklin Hooper Survey, Abstract 198,
Fort Bend Co.; George W. McDonald Survey, Abstract 577, Fort
Bend Co.; I.C. Stafford Survey, Abstract 668, Fort Bend Co. and
the H. Levering Survey, Abstract 279, Fort Bend Co., TX
(Shadow Creek Ranch Development)
Owner: Shadow Creek Ranch Development Company, L.P.
2947 Broadway St, Suite 303
Pearland, TX 77581
Agent: Kerry R. Gilbert & Associates, Inc.
Commissioner Sederdahl made a motion to forward Zoning Application No. 1040 to City
Council for approval with a second made by Commissioner McDonald.
Commissioner Selemon pointed out that there are three signs allowed per builder but they
are three times larger, therefore the ordinance is in the favor of the developer. Gary Cook of
Shadow Creek Ranch Development clarified that the size is actually slightly under the
required amount due to the fact that the city's sign ordinance allows five signs per builder.
Discussion ensued regarding the allowed signage for FM 518 and FM 521. Kerry Gilbert of
Kerry Gilbert & Associates clarified that the signs places on FM 518 are 8' X 16' and the
signs placed on FM 521 are 14' X 24'.
Chairman Iocco stated that during the last meeting the Commission commented that they
would like a three-year term placed on all "Community Benefit" signs.
41111.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
Page 2 of 7
Planning and Zoning Commission
Commissioner Sederdahl amended the motion previously made for approval to add in the
requirement for a three-year limitation to be placed on all "Community Benefit" signs.
Commissioner McDonald seconded the amended motion.
Chairman Iocco stated his is still unsure of his feelings at this time.
Gary Cook pointed out they just built the million-dollar Shadow Creek Ranch monument
and people are driving by and asking what "Shadow Creek Ranch" is. He sated their
challenge is to notify the people that this is a Master Planned Community.
Chairman Iocco stated the three-year limit does help his decision.
Motion to approve passed 5 to 0.
C. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1039
Request 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:
Zone Change Application No. 1039
Legal Description: 8.842 acres, H. T. & B. R.R. Co. Survey, A-243, Brazoria Co., TX,
being a portion of Lot 8, Section 19, Allison Richey Gulf Coast
Home Co. Subdivision, as recorded on a map or plat in Volume 2,
page 23, Brazoria Co. map records, Brazoria Co., TX (1115
Cullen Boulevard)
Owner: Paul Brent Durrett
6120 Brookside Drive
Pearland, TX 77581
Commissioner Sederdahl asked if this property is located near the cemetery. Development
Coordinator Mona Phipps replied that the property is north of the cemetery.
Commissioner Scherrer made a motion to forward Zoning Application No. 1039 to City
Council for approval. Commissioner Selemon seconded the motion.
Commissioner Selemon asked if the property could be "General Business" and Development
Coordinator Mona Phipps replied that it needs to be"Commercial".
Commissioner McDonald expressed concerns about the property being cleaned up.
Development Coordinator Mona Phipps stated they could get a code enforcement officer out
to the property.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
Page 3 of 7
Planning and Zoning Commission
' -• Commissioner Sederdahl pointed out that by getting the requested zoning the owner would
be bringing the requirements of the land up to further compliance with the city's ordinances.
He asked how the code enforcement is going and Development Coordinator Mona Phipps
stated another officer has been hired.
Motion to approve passed 5 to 0.
D. CONSIDERATION & POSSIBLE ACTION—Specific Use Application No. 108
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 storage and mini-warehouse, on the following described property, to wit:
Specific Use Application No. 108
Legal Description: Lot 3, Block 1, Old Chocolate Bayou, Brazoria Co., TX (2737 Old
Chocolate Bayou Road)
Owner: James and Dorothy Medearis
P.O. Box 937
Pearland, TX 77588
Agent: Osborn & Vane Architects, Inc.
Commissioner Sederdahl made a motion to forward Specific Use Application No. 108 to
City Council for approval with a second made by Commissioner Selemon.
Motion to approve passed 5 to 0.
E. CONSIDERATION & POSSIBLE ACTION— Specific Use Application No. 107
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification Single Family Dwelling District (R1) to Single Family Dwelling
District — Specific Use (R1(S)) for a church, on the following described property, to
wit:
Specific Use Application No. 107
Legal Description: 9.521 acres, W.D.C. Hall League, A-70, Brazoria Co., TX
(3007 and 3017 Yost Road and 3214 Hamm Road)
Owner: Shadycrest Baptist Church
3214 Hamm Road
Pearland, TX 77581
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
Page 4 of 7
Planning and Zoning Commission
'w- Agent: Sidney Kliesing
Commissioner Scherrer made a motion to forward Specific Use Application No. 107 to City
Council for approval. Commissioner Sederdahl seconded the motion.
Commissioner McDonald asked if this is going to be for church use only and not a day care
center. Development Coordinator Mona Phipps replied that he is correct.
Motion to approve passed 5 to 0.
F. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1037
Request 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 (R2) on the following described property, to wit:
Zone Change Application No. 1037
Legal Description: 40 acres, being all of Lots 44, 45, 54 and 55, out of the Allison
Richey Gulf Coast Home Co. Subdivision, according to the plat
recorded in Volume 2, page 98, Brazoria Co. plat records,
situated in the J.S. Talmage Survey, Section 80, A-564, Brazoria
Co., TX (CR 59)
Owner: Family Care Medical Clinic/Ulysses Watkins, Jr., M.D.
14215 S. Post Oak
Houston, TX 77045
Agent: James Johnson
Commissioner Sederdahl made a motion to forward Zoning Application No. 1037 to City
Council for approval with a second made by Commissioner McDonald.
Commissioner Selemon stated that he initially seemed confident until Council Member
Marcott brought up the traffic issue. He agreed there are safety concerns.
Commissioner McDonald asked if the City knows when the overpass would be constructed.
James Johnson, agent for the request, stated that the previous Traffic Impact Analysis
showed no further improvements would be needed. He stated that they would do another
study if they need to. He explained they were going to construct part of Kirby Drive and he
also owns 10-acres at the southwest corner of Kirby. He stated it would be 18 months
before they even have a house on the ground. He reminded the Commission that the request
is compliant with the Comprehensive Plan and it is low density. He stated the other
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
Page 5 of 7
Planning and Zoning Commission
.--
subdivision they constructed as an R-1 when they requested R-2 due to a custom deal for a
builder. Mr. Johnson addressed the density issue and they cannot get the 80' width on the
lots.
Commissioner Sederdahl pointed out that the traffic issue would be further discussed in the
future during platting and permitting. He stated this is just stage one.
Development Coordinator Mona Phipps agreed and stated that this is basically deciding the
best use for the land.
Mr. Johnson explained that Larry Heckathorn of TxDOT has stated the schedule for the
contract of the overpass will begin in February of 2003. He reminded the Commission that a
house would not be on the ground for 18-months.
Commissioner Scherrer stated his concern is that they are trying to build a subdivision on
40-acres with no utilities or streets.
Mr. Johnson stated that they plan to meet every requirement.
Chairman Iocco pointed out that the Robert's Rules of Order does allow a motion to table an
item while a motion for approval is on the table as long as there is a second.
41111.
Motion to approve passed 4 to 0 (1 abstention by Commissioner McDonald).
G. CONSIDERATION & POSSIBLE ACTION—Zoning Application No. 1042
Request 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 (R1) on the following described property, to wit:
Zone Change Application No. 1042
Legal Description: Lot 8, Block 7, Hickory Creek Place, H. T. & B. RR. Co. Survey,
Section 7, A-219, Brazoria Co., TX, according to the map or plat
thereof recorded in Volume 11, page 1, Brazoria Co., TX (O'Day
Road)
Owner: Philip W. & Terri Rutter
12719 Max Road
Pearland, TX 77581
Agent: Lynda Taylor Kennedy
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
Page 6 of 7
Planning and Zoning Commission
Commissioner Scherer made a motion to forward Zoning Application No. 1042 to City
Council for approval with a second made by Commissioner Selemon.
Commissioner Sederdahl stated this is an example of the perfect two-year headache. He
referred to having "Residential" zoning next to Commercial owners that may want to expand
and need "Commercial" zoning at a later date.
Development Coordinator Phipps explained that the Comprehensive Plan calls for the first
two lots to be residential and above them is General Business all the way up to Butler Drive.
She explained that one of the businesses there (South Texas Screening) can not get any
Commercial/General Business zoning because the land doesn't meet the width requirements.
She explained they just came in and received a variance for a small addition. She added that
all the businesses are the same width. Ms. Phipps explained that the gentleman who spoke
in opposition pulled the Brazoria County Records.
Chairman Iocco asked why the owner chose this piece of property. Mr. Kennedy replied
that he previously lived in South Corrigan and they decided to move due to the flooding. He
stated his wife wanted to stay in Pearland near her mother and they couldn't find any other
property like this one.
Chairman Iocco asked about Orange Drive. Development Coordinator Mona Phipps replied
that Orange Drive would align directly with Kelly Drive.
Motion to approve passed 5 to 0.
Chairman Iocco stated he would like to discuss the density issue very soon.
III. NEXT MEETING DATES: June 17, 2002 — Regular Meeting followed by a
workshop with City Council
June 24,2002—No Meeting
IV. ADJOURNMENT
The meeting adjourned at 8:48 p.m.
h: e minutes respe lly sub -d by:
/'.L4.
n ifer Go!a -s, Planni 4: Zoning Secretary
Minutes a roved as submitted and/or corrected on thisl*day o ,�/�(.Q,, 2002.
I
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.
Page 7 of 7