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2002-05-13 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 MAY 13, 2002 IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at 7:15 p.m. with the following present: P&Z Chairman H. Charles Viktorin P&Z Commissioner Todd Iocco P&Z Commissioner Kevin McDonald P&Z Commissioner Robert Scherrer P&Z Commissioner Don Sederdahl P&Z Commissioner Russ Selemon Development Coordinator Mona Phipps P&Z Secretary Jennifer Gonzales P&Z Vice-Chairman Donald Glenn was absent. H. APPROVAL OF MINUTES: April 22, 2002 Commissioner Iocco made a motion to approve the April 22, 2002 minutes with a second made by Commissioner Selemon. Commissioner Iocco stated that for record purposes he would like it added under the voting . record of agenda Item A why Chairman Viktorin abstained, which was because of his membership on the TIRZ Board for Shadow Creek Ranch. Commissioner Sederdahl stated on page 2 of 4, paragraph 5, the word "possible" should be "possibly". Motion to approve as corrected passed 6 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION—Zone Change Application No. 1038 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. 1038 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 1 of 8 Planning and Zoning Commission Legal Description: The North 5 acres of Tract 21, Allison Richey Gulf Coast Home Co. Suburban Gardens, Section 8, H. T. & B. R.R. Co. survey, A- 504, Brazoria Co., TX, according to the map or plat thereof recorded in Volume 2, Page 22-24, plat records of Brazoria Co., TX (2533 & 2537 Roy Road) Owner: Hollis and Linda Bardwell 12746 Roy Road Pearland, TX 77581 Agent: Mike Holtman of Coldwell Banker United Commissioner Sederdahl made a motion to forward Zoning Application No. 1038 to City Council for approval with a second made by Commissioner McDonald. Commissioner Sederdahl asked if a lake was there, if so was it filled and would this be discussed further. He feels this is something the citizens should be concerned about. He stated he only made a motion for approval to bring discussion to the table. Commissioner Iocco replied that he drove by and if there was a pond it was not very big. He stated there was not much area from the back of the building to the back fence. Commissioner Sederdahl expressed concern for the local resident's questions. Chairman Viktorin clarified that when the owner sells the property the new owner would have to bring the business up to code and meet the City's new ordinances. He stated this • includes the façade ordinance and drainage. Commissioner Selemon pointed out the property appears to be vacant. Development Coordinator Mona Phipps verified the application states "nothing" for the current use. Commissioner Sederdahl explained to the residents who live adjacent to the property that once a new business comes in then there would be more restrictions because they business would have to meet all of the City's ordinances. He stated whether the property is vacant or not should not be the issue. Commissioner Selemon asked for clarification on whether or not the property is being used. Mrs. Dragulski stated that there are big trucks that go to the building, however she is not sure what is going on there. Discussion ensued among the Commission regarding whether or not the property is vacant. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 2 of 8 Planning and Zoning Commission Development Coordinator Mona Phipps pointed out that the Commission's priorities is to find out what the best use for the land would be. Chairman Viktorin asked if the issue regarding whether or not the property is vacant should be important when determining the zoning for this land. Commissioner Iocco stated that it does matter whether there a business is there or not. Commissioner Selemon stated he is concerned because if a business is operating then it would be allowable to continue without meeting the new standards for the City. Development Coordinator Mona Phipps explained that when the owner sells the building they need to change the electricity over to the new owner they would then have to apply for an occupancy permit. She stated at this time the City would then do the inspections to make sure it meets the ordinance. Commissioner Selemon asked how aggressive the City is going to be and referred to a case such as AstroConcrete. He explained that the City doesn't enforce a lot there because it would cost the City too much in legal fees to enforce. Chairman Viktorin stated he does not want this board to be zoning based on whether or not the City has the resources to enforce its ordinances. Commissioner Iocco does not appreciate the paperwork being filled inaccurately. Motion to approve tied 3 to 3. B. CONSIDERATION & POSSIBLE ACTION—Zone Change Application No. 1035 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Heavy Industrial District (M-2) and Commercial District (C) to Single Family Dwelling District — Planned Unit Development (R-2 PUD) on the following described property, to wit: Zone Change Application No. 1035 Legal Description: 73.328 acres consisting of three tracts: Tract I: Being Lots 9A and 12A, out of Section 12, H. T. & B. R.R. Co. survey, A-508, Brazoria Co., TX; Tract II: Being 10.208 acres in the A.C.H. & B. Survey, Section 2, A-507, Brazoria Co., TX, being all of Lots A & F, L.W. Murdock Subdivision as recorded in Volume 29, Page 174, deed records of Brazoria Co., TX, and being part of the land conveyed by Thomas F. Alexander to John Alexander, Trustee, by deed dated May 20, 1960, and recorded in Volume 767, Page 299, Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 3 of 8 Planning and Zoning Commission among the deed records of Brazoria Co., TX; and Tract III: 23.12 acres, being Lot 9, Section 12, H. T. & B. R.R Co. survey, A-508, Brazoria Co., TX (Veterans Road) Owner: Three G Investments Jud Alexander R. & L. Ferguson Agent: James Cornelius of Sowell & Company Commissioner Scherrer made a motion to forward Zoning Application No. 1035 to City Council for denial with a second made by Commissioner Selemon. Commissioner Scherrer stated this is part of the property discussed at nausea about putting houses next to a railroad. He stated that he still does not think it is good planning. Commissioner Selemon stated this is just a legitimate argument for making a larger number of smaller lots and he feels they need to have bigger lots. Commissioner Iocco stated that he agrees with both comments made, however he feels the park space is an issue. He would like to see any park space issues resolved before approving the request. He stated he is certain a derailment is going to happen in Pearland and he is looking out for the safety of the citizens. Commissioner Sederdahl asked if the issue is whether or not they want residential in this area. Chairman Viktorin clarified that they are voting on the actual PUD tonight. Commissioner Selemon stated he appreciates the effort put forward by the developer. Commissioner Scherrer pointed out the Commission has always thought this was a bad idea to have this residential zoning next to the railroad. Development Coordinator Mona Phipps pointed out the Comprehensive Plan now calls for residential use in this area. Commissioner Scherrer stated it is the job of the Commission to decided if this is good planning and to be concerned about the public's safety. Jamie Cornelius of Sowell & Company stated that during the discussion period of this PUD application this level of disagreement was not expressed or he would not be there this evening. He has listened to all the concerns of the Commission, especially regarding the proximity of the closeness of the subdivision to the railroad. He stated that a 100-yards is a long way and the trains are regulated to maintain a certain speed. He pointed out there are 11111. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 4 of 8 Planning and Zoning Commission businesses and residents all along the railroad in Houston. He again stated he has made an effort to address each concern. He stated they have to use a document that empowers the City to enforce this buffer, and that is why they went to an application for a PUD. Commissioner Selemon stated that essentially the proposed lots are R-3, and he does not think the developer will find a lot of support from either City Council or the Planning and Zoning Commission. He stated there are already enough R-3 subdivisions. Discussion ensued between Mr. Cornelius and Commissioner Selemon regarding an inconsistency with the proposed PUD document and the Land Use Ordinance. Mr. Cornelius clarified that all R-2 requirements would be the same and the only difference is he is establishing the width at 60' and not 70', which is allowable in a PUD. Chairman Viktorin explained that the concept of the PUD has nothing to do with lot size and it is all about density per acre. He referred to a scenario regarding an acre being divided into four parts. He stated a PUD would allow for the houses to be located closer together in order to have a shared park. He added that the lot sizes would not be fixed like the would in the regular zoning. Commissioner Selemon stated that from all the reading he has done on PUD's he does not like the City's definition of a PUD. He stated that a PUD should be set up for a uniqueness of land, and used Hill Country as an example. He stated in Pearland he is seeing "cookie cutter" PUDs, meaning they look the same as a regular subdivision. He stated the developer is just shrinking the lot sizes. The Commission agreed. Chairman Viktoirn suggested that the Commission will need to continue their discussion of PUD's. Commissioner Iocco questioned whether the Commission should sit here and vote for residential on this property when they have always been against the zoning for the sheer factor of safety. Commissioner Scherrer agreed. Motion to deny passed 6 to 0. C. CONSIDERATION & POSSIBLE ACTION—Zone Change 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 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 5 of 8 Planning and Zoning Commission 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., TX, situated in the J.S. Talmadge Survey, Section 80, A-564, Brazoria Co., TX Owner: Family Care Medical Clinic/Ulysses Watkins, Jr., M.D. 14215 S. Post Oak Houston, TX 77045 Agent: James M. Johnson Application withdrew by the applicant. D. CONSIDERATION & POSSIBLE ACTION—Zone Change Application No. 1034 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Estate Lot Single Family Dwelling District (RE) to Single Family Dwelling District (R2) on the following described property, to wit: Zone Change Application No. 1034 Legal Description: 120.134 acres of land, being Lots 4 & 7 of Section 14, H. T. & B. RR. Co. survey, A-538, Brazoria Co., TX, R.B. Lyle Assignee, according to the plat recorded in Volume 2, Page 98, plat records of Brazoria Co., TX (CR 92 @ CR 48) Owner: John B. and Meredith Briggs LeBlanc Agent: James M. Johnson Application withdrew by the applicant. E. CONSIDERATION & POSSIBLE ACTION—Zone Change Application No. 1036 Request 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 (RE) on the following described property, to wit: Zone Change Application No. 1036 Legal Description: Lots 2 & 3, Block 1, Bethel Subdivision, Section 1, according to the plat thereof recorded in Volume 19, pgs 223-224, plat records of Brazoria Co., TX (8033 Hughes Ranch Road) Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 6 of 8 Planning and Zoning Commission Owner: Ronald and Lorna Sweet 6710 Finch Street Houston, TX Commissioner Iocco made a motion to forward Zoning Application No. 1036 to City Council for approval with a second by Commissioner Scherrer. Motion to approve passed 6 to 0. F. CONSIDERATION & POSSIBLE ACTION — The Lakes at Highland Glen Section One, being the amending plat of the Final Plat of Fairway at Highland Glen Section One (Vol. 22, Pg 189-192 B.C.P.R.) 49.110 acres out of the D.H.M. Hunter Survey, Abstract No. 76 & Walcott's Pearland Subdivision (Vol. 35, Pg. 241 & 242 B.C.P.R.) Pearland, Brazoria County, Texas. Development Coordinator Mona Phipps stated that these last two items were on the agenda from the last meeting and have been brought back at the request of the Commission. She explained that obviously they are changing the PUD, and after discussion with the developer she has learned that Section One was accepted by City Council in April and Section Two will go to City Council in June. She stated obviously if the PUD is amended it would be amended �. around these Sections. She stated that this is strictly a name change. Commissioner Selemon recalled some golf holes through this section, and Commissioner Iocco clarified that there were no holes. Commissioner Scherrer made a motion to deny the Amending Plat of Fairway at Highland Glen Section One. Motion failed due to lack of second. Commissioner Iocco made a motion to approve the Amending Plat of Fairway at Highland Glen Section One with a second made by Commissioner Scherrer. Commissioner Scherrer stated he is not entirely satisfied. He pointed out they are amending this section which has already been approved by City Council. Commissioner Iocco replied they are only amending the name. Commissioner Scherrer verified Section Two is also a name change only, and Development Coordinator Mona Phipps clarified that he is correct. Commissioner Selemon expresses concern regarding getting caught in a Catch 22 approving an amended plat before it goes to City Council for acceptance during the time of amending the PUD. Development Coordinator Mona Phipps clarified that there are Engineering Inspectors on the job to make sure the subdivision is constructed as it is platted. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 7 of 8 Planning and Zoning Commission 41. Motion to approve passed 6 to 0. G. CONSIDERATION & POSSIBLE ACTION — The Lakes at Highland Glen Section Two, being the amending plat of the Final Plat of Fairways at Highland Glen Section Two (Vol. 22, Pg. 205-208 B.C.P.R.) 38.667 acres out of the D.H.M. Hunter Survey, Abstract No. 76 & Walcott's Pearland Subdivision (Vol. 35, Pg. 241 & 242 B.C.D.R.) Pearland, Brazoria County, Texas. Commissioner Iocco made a motion to approve the Amending Plat of Fairway at Highland Glen Section Two with a second made by Commissioner Selemon. Motion to approve passed 6 to 0. IV. NEXT MEETING DATES: May 20,2002 (Regular Meeting) V. ADJOURNMENT The meeting adjourned at 8:00 p.m. These minutes respec k Ily submitte• by: i Jefifer Gonzal:4, P arming&Z ening Secretary utes approved as submitted and/or corrected on this2day of 4-1/ , 2002. dzs 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. Page 8 of 8