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2002-03-04 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 MARCH 4, 2002, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at'7:56 p.m. with the following present: P&Z Chairman H. Charles Viktorin P&Z Vice-Chairman Donald Glenn P&Z Commissioner Kevin McDonald P&Z Commissioner Robert Scherrer P&Z Commissioner Don Sederdahl P&Z Commissioner Russ Selemon Executive Director of Community Services Tobin Maples Development Coordinator Mona Phipps Plat and Plans Administrator Richard Keller P&Z Secretary Jennifer Gonzales II. APPROVAL OF MINUTES: February 18, 2002 Commissioner Sederdahl made a motion to approve the February 18, 2002 minutes as presented with a second made by Commissioner Scherrer. Motion to approve passed 5 to 0 (1 abstention) III. NEW BUSINESS . A. CONSIDERATION & POSSIBLE ACTION — Final Plat of E&A Estates, being a subdivision containing 4.0509 acres of land being the east portion of Lot 26, of the Allison Richey Gulf Coast Home Company Subdivision in the H.T.&B. R.R. Company Survey, Abstract 219, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the note that a title report and approval letters from SWBT and Cable companies need to be submitted before recordation. Vice-Chairman Glenn made a motion to approve the Final Plat of E&A Estates with staff's comments and Commissioner McDonald seconded the motion. Motion to approve passed 6 to 0. B. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake Wal- ow Mart, A subdivision of 20.48 acres of land being a partial replat of lots 9 and 10, of the Allison Richey Gulf Coast Home Company's Subdivision, Vol. 2, Pg. 107, 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 B.C.P.R. in the H.T.&B. R.R. Co. Survey, Section 85, A-304, Brazoria County, Texas. Plat and Plans Administrator Keller stated that a number of corrections are required on his plat and listed them as: 1. They need to correct the city limits line in the vicinity map. 2. They need to provide a written agreement regarding the 10' right-of- way they are donating on the other side of County Road 94. 3. They need to submit a letter of credit for traffic improvements. 4. They need to add recordation data for the 40' sanitary sewer easement. 5. They need to show a 5' electrical easement centered on the right-of- way. 6. There are undelivered items that were mentioned in a memo from Alan Mueller, dated February 22, 2002. These items need to be corrected and submitted. Commissioner Scherrer made a motion to table the Final Plat of Silverlake Wal-Mart with a second made by Commissioner Selemon. Motion to table passed 6 to 0. C. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch Recreation Center No. 1, 2.655 acres, being out of the T.C.R.R. Co. Survey, Section 3 Abstract 678, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with the following corrections: 1. The owner's signature needs to be dated. 2. They need to have a surveyors seal and signature. 3. They need to add a 10' water and sewer easement along the right-of- way of Clear Lake Loop. 4. There is a 5' electrical easement that needs to be centered. Commissioner Sederdahl made a motion to approve the Final Plat of Shadow Creek Ranch Recreation Center No. 1 with staff's comments and Commissioner Scherrer seconded the motion. Motion to approve passed 6 to 0. D. CONSIDERATION & POSSILE ACTION - Preliminary Plat of Shadow Creek Ranch SF-1, 11.977 acres being out of the T.C.R.R Co. Survey, Section 3, Am. Abstract 678, City of Pearland, Brazoria County, Texas. 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 Plat and Plans Administrator Keller stated that staff recommends approval with the following corrections: 1. They need to provide a 10' water and sewer easement along the north end of Clear Lake Loop. 2. A pipeline statement needs to be included in the owner's statement. 3. They need to add the reserve area to Land Use Tabulation on sheet 2. 4. The rears of Lots 1-15 of Block 1 should be arcs and not chords. 5. They need to revise the street names that begin with "Sand" or "Sandy". 6. They need to add "...or Reflection Bay Drive"to the end of note 10. 7. They need to remove Old Airline Road from the vicinity map. 8. They need to show outline and water surface elevation (normal and maximum) of the adjoining lake. 9. They need to add a note stating that there are no utilities available at time of platting. Commissioner Sederdahl made a motion to approve the Preliminary Plat of Shadow Creek Ranch SF-1 with staff's comments and Commissioner McDonald seconded the motion. Motion to approve passed 5 to 1. Voting Record: "Aye"—Chairman Viktorin, Commissioner's McDonald, Scherrer, Sederdahl, and Selemon. "No"—Vice-Chairman Glenn. E. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF-4, 10.337 acres being out of the T.C.R.R. Co. Survey, Section 3 Abstract 678 and the H.T.&B. R.R. Co. Survey Section 82, Abstract 565, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with the following corrections: 1. They need to add the reserve area to the Land Use Tabulation on Sheet 2. 2. They need to remove to Old Airline Road from vicinity map. 3. A few text items need to be flipped so that they are readable from the bottom and right side of the plat. 4. They need to add a 10' water and sewer easement along the north end of Clear Lake Loop. 5. The back lot lines along Clear Lake Loop should be arcs and not chords. 6. They need to label the 5' electrical easement on Lot 24. 7. They need to change and streets beginning with"Sand". 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 8. They need to show the outline of adjoining lake with normal and maximum water and surface elevation. 9. They need to add note 10 regarding the lack of utilities. Mr. Keller explained that staff came up with at least half of the listed comments since the first review of the plat. Commissioner Scherrer made a motion to approve the Preliminary Plat of Shadow Creek Ranch SF-4 with staff's comments and Commissioner Sederdahl seconded the motion. Motion to approve passed 6 to 0. F. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF-11, 13.595 acres being out of the H.T.&B.B. Co. Survey Section 82, Abstract 565, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with the following corrections: 1. They need to add the reserve area to the Land Use Tabulation on Sheet 2. 2. They need to extend the 5' electrical easement around the curve C12. a• 3. They need to show the outline of adjoining lake with normal and maximum water and surface elevation. 4. They need to add a note regarding the lack of utilities. Commissioner Scherrer made a motion to approve the Preliminary Plat of Shadow Creek Ranch SF-11 with staff's comments and Vice-Chairman Glenn seconded the motion. Motion to approve passed 6 to 0. G. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF-13, 21.228 acres being out of the H.T.&B. R.R. Co. Survey Section 82, abstract 565, City of Pearland, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with the following corrections: 1. They need to show the outline of the adjoining lake with the maximum and normal water and surface elevation. 2. They need to add the reserve area to the Land Use Tabulation on Sheet 2. 3. They need to add a note regarding the lack of utilities. OP' 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 McDonald made a motion to approve the Preliminary Plat of Shadow Creek Ranch SF-13 with staff's comments and Commissioner Selemon seconded the motion. Motion to approve passed 6 to 0. H. CONSIDERATION & POSSIBLE ACTION – Preliminary Plat of Shadow Creek Ranch SF-17, 20.770 acres being out of the H.T.&B. R.R. Co. Survey, Section 82, Abstract 565, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with the following correction: 1. They need to show the outline of adjoining lake with normal and maximum water and surface elevations. 2. There is a utility easement and a water and sewer easement that overlaps on Lot 23 of Block 2 that needs to be removed. 3. They need to add the reserve areas to the Land Use Tabulation on Sheet 2. 4. They need to add a note regarding the lack of utilities. 5. The proposed pedestrian walkway around the lake will need to be shown. However, Mr. Keller stated that the walkway would presumably be platted with the lake. Commissioner Sederdahl made a motion to approve the Preliminary Plat of Shadow Creek Ranch SF-17 with staff's comments and Commissioner McDonald seconded the motion. Commissioner McDonald questioned the street name of "Shady Sands". Mr. Keller explained that EMS only has a problem with streets that begin with "Sand". Motion to approve passed 6 to 0. I. CONSIDERATION & POSSIBLE ACTION – Preliminary Plat of Shadow Creek Ranch SF-18A, 12.237 acres being out of the H.T.&B. R.R. Co. Survey, Section 82, Abstract 565, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with the following corrections: 1. One of the "Plum Lake Drive's" needs to be changed to "Teal Bay Drive" and a symbol needs to be provided to indicate where the street name is changed at the eyebrow. 2. They need to show the reserve area in the Land Use Tabulation on 40N. Sheet 2. 3. They need to add a note regarding the lack of utilities. 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 00s- Vice-Chairman Glenn made a motion to approve the Preliminary Plat of Shadow Creek Ranch SF-18B with staff's corrections with a second made by Commissioner Scherrer. Motion to approve passed 6 to 0. J. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Shadow Creek Ranch Commercial Site, 2.730 acres being out of the T.C.R.R. Co. Survey, Section 3, Abstract 678, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following corrections: 1. They need to come up with a more specific name other then just "Commercial Site". Mr. Keller stated that this section is C-21 on the Master Plan, so they could even name it C-21 if they choose. 2. They need to label the point of beginning. 3. The text needs to be readable from the bottom and right side of plat. 4. They can eliminate"Reserve A". Mr. Keller stated that this is the first commercial site and it is for an office building. He stated that the adjoining streets have been platted. Commissioner McDonald made a motion to approve the Preliminary Plat of Shadow Creek Ranch Commercial Site with staff's recommendations and Commissioner Selemon seconded the motion. • Motion to approve passed 6 to 0. K. CONSIDERATION & POSSIBLE ACTION-Preliminary Right-of-Way Plat of Shadow Creek Ranch Village One, Phase Three Portion of South Clear Lake Loop and Halfmoon Bay Drive, 5.329 acres being out of the H.T.&B. R.R. Co. Survey Section 82, Abstract 565, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Keller stated that staff recommends approval with the following corrections: 1. They need to delete the word"corner" from note 12. 2. They need to show the right-of-way width for the existing East Clear Lake Loop. 3. They need to add the recordation data for the water and sewer easement along both sides of Halfmoon Bay, or they need to plat it with the adjoining tracts. 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 Scherrer made a motion to approve the Right-of-Way Plat of Shadow Creek Ranch Village One, Phase Three with staffs comments. Vice-Chairman Glenn seconded the motion. Mr. Keller explained that Clear Lake Loop would make a whole loop. Mr. Weems, a property owner, stated that he owns 12 acres and Clear Lake Loop goes through his piece of property. Mr. Weems recommended that the plat be tabled. Executive Director of Community Services Tobin Maples pointed out that if the plat meets all the requirements then the Commission has to approve the plat. After discussion between Mr. Weems and Mr. Keller regarding where his property actually is on the plat. Mr. Keller pointed out to the Commission that Mr. Weems' property is not even on this particular section. Mr. Keller also pointed out that a title report is required for each plat and this would be reviewed during the final stages. Chairman Viktorin called for a vote. Motion to approve passed 6 to 0. L. CONSIDERATION & POSSIBLE ACTION — Remove from table action regarding a proposed amendment to the Thoroughfare Plan (Figure 7.2) of the City of Pearland Comprehensive Plan. a) Unnamed Minor Collectors (east of Veterans, west of the railroad, south of Magnolia and north of CR 101) Executive Director of Community Services Tobin Maples explained that the Commission tabled this item at a regular meeting on February 18, 2002. He stated that the reason was that the Commission wanted to wait on the outcome of the Comprehensive Plan amendment for the Veterans area. Mr. Maples stated that the amendment was approved by City Council on February 25, 2002. Commissioner Scherrer made a motion to remove from the table the amendment regarding the Unnamed Minor Collectors (east of Veterans, west of the railroad, south of Magnolia and north of CR 101). Commissioner Sederdahl seconded the motion. Motion to remove from table passed 6 to 0. M. CONSIDERATION & POSSIBLE ACTION — Proposed Amendments to the Thoroughfare Plan (Figure 7.2) of the City of Pearland Comprehensive Plan. a) Unnamed Minor Collector (east of Veterans, west of the railroad, south of Magnolia and north of CR 101) b) Orange Street 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 Vice-Chairman Glenn made a motion to forward the proposed amendments regarding the unnamed minor collectors near Veterans, and Orange Street to City Council for approval. Commissioner Sederdahl seconded the motion. Motion to approve passed 6 to 0. N. CONSIDERATION & POSSIBLE ACTION — Proposed Amendments to the Land Use and Urban Development Ordinance (509-G) of the City of Pearland. a) Chapter 3, Definitions b) Section 17.5, Special Conditions c) Section 18.4, Special Conditions Commissioner McDonald made a motion to vote on the above listed amendments separately with a second made by Commissioner Scherrer. Motion to vote separately passed 5 to 1. Voting Record: "Aye"—Chairman Viktorin,Commissioner's McDonald, Scherrer, Sederdahl,and Selemon. "No"—Vice-Chairman Glenn. a) Chapter 3, Definitions Executive Director of Community Service Tobin Maples explained that this is an amendment to add two new definitions that would distinguish the difference between outside storage and outside display. He stated that he has checked with other cities and they don't distinguish between the two words. He stated that staff is not recommending approval and that this was brought forward at the request of City Council. Commissioner Scherrer made a motion to forward the amendment of Chapter 3, Definitions to City Council for denial. Vice-Chairman Glenn seconded the motion. Motion to deny passed 6 to 0. b) Section 17.5, Special Conditions Executive Director of Community Services Tobin Maples explained that this is putting the verbiage for the requirement of a Specific Use Permit for outside storage under Light Industrial zoning. He stated that this is consistent with the amendment Section 16.4.2 for Commercial zoning, which the Commission made a recommendation for denial. Commissioner Sederdahl made a motion to forward the amendment Section 17.5, Special Conditions to City Council for denial with a second made by Commissioner Selemon. 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 Motion to deny passed 4 to 2. Voting Record: "Aye"—Chairman Viktorin, Vice-Chairman Glenn,Commissioner's Sederdahl and Selemon. "No"—Commissioner's McDonald and Scherrer. c) Section 18.4, Special Conditions Executive Director of Community Services Tobin Maples stated that Section 18.4, Special Conditions is consistent with previous item they acted on, with the exception that it is for Heavy Industrial. Commissioner McDonald made a motion to forward the amendment of Section 18.4, Special Conditions to City Council for approval with a second made by Commissioner Scherrer. Motion to approve failed 2 to 4. Voting Record: "Aye"—Commissioner's McDonald and Scherrer "No"-Chairman Viktorin, Vice-Chairman Glenn,Commissioner's Sederdahl and Selemon. Vice-Chairman Glenn made a motion to forward the amendment regarding Section 18.4, ,,., Special Conditions to City Council for denial with a second made by Commissioner S elemon. Chairman Viktorin verified with Commissioner Scherrer and Commissioner McDonald that it is their intent for the Commission to decide which businesses should have outside storage by a Specific Use Permit. Commissioner Scherrer stated that he is correct. Motion to deny passed 4 to 2. Voting Record: "Aye"—Chairman Viktorin, Vice-Chairman Glenn,Commissioner's Sederdahl and Selemon. "No"—Commissioner's McDonald and Scherrer. O. CONSIDERATION & POSSIBLE ACTION — Proposed amendment to the Land Use Plan (Figure 5.1), Cullen Blvd area, of the City of Pearland Comprehensive Plan Ordinance. Executive Director of Community Services Tobin Maples stated that this is a continuation of the Joint Public Hearing that was held earlier this evening. He stated that it has been brought forward for the Commission to make a recommendation, if they choose, or not to make a recommendation. Commissioner McDonald made a recommendation to forward Option C to City Council for approval with a second made by Commissioner Scherrer. 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 .4100. Commissioner Sederdahl asked if there has been any thought process for the traffic problem. Mr. Sederdahl stated that he was under the impression that Commercial zoning is being denied due to the traffic problem. Mr. Maples replied that one reason the applications have been denied is because the Cullen Blvd issue has been under study. Vice-Chairman Glenn stated that the traffic issue does need to be considered whether the area is General Business or Residential. Commissioner Selemon stated that he has heard good comments on both options, however the Commission has to take a look at the long-range plan. Mr. Selemon stated that they are dealing with "Cullen", and when he drives down Cullen he counted maybe five homes. He stated that from a planning perspective his vote is for Option C. Commissioner Scherrer stated that he was not persuaded by Commissioner Seeger's argument that residential is "thriving" on Cullen Boulevard. Mr. Selemon stated that he is for business along Cullen Boulevard and he stated that on Option D the only new added business is on the very north end on Cullen Boulevard. Chairman Viktorin called for a vote. Motion to approve Option C passed 6 to 0. -lln. IV. NEXT MEETING DATES: March 11, 2002 (JPH & Regular Meeting) March 18, 2002 (Regular Meeting) March 25, 2002—NO MEETING V. ADJOURNMENT The meeting adjourned at 8:51 p.m. These minutes respectfully submitted by: p e i er on es, 'lammng : toning Secretary inutes approved as submitted and/or corrected on this/ day of /Ka. , 2002. 0:4 1,:ja .: 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