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2002-11-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Planning and Zoning Commission MINUTES OF A REGULAR MEETING FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 18, 2002 IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The meeting was called to order at 8:50 p.m. with the following present: Chairman Todd locco Vice-Chairman Russ Selemon Commissioner Ray Bacon Commissioner Sheryl Greiner Commissioner Ruby Sandars Deputy City Attorney Nghiem Doan Executive Director of Community Services Tobin Maples Planner I Theresa Grahmann P&Z Secretary Jennifer Gonzales P&Z Commissioner's Don Sederdahl and Robert Scherrer were absent. H. APPROVAL OF MINUTES: October 21, 2002 November 4, 2002 October 21, 2002 Commissioner Bacon made a motion to approve the October 21, 2002 minutes as presented with a second made by Vice-Chairman Selemon. Motion to approve passed 5 to 0. Commissioner Bacon made a motion to approve the November 4, 2002 minutes with a correction and Commissioner Greiner seconded the motion. Commissioner Bacon stated that on Page 2 the last sentence of the last paragraph the word "see" needs to be inserted between"not" and "where". Motion to approve passed 5 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1073 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 1of18 Planning and Zoning Commission Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Heavy Industrial District (M-2), on the following described property, to wit: Zone Change Application No. 1073 Legal Description: 11.64 acres, being a portion of Lot 178, Zychlinski Subdivision, Section 28, H.T.& B.R.R. Company Survey, Abstract 551, Brazoria County, Texas (4501 Dixie Farm Road) Owner: Jesse G. Zamarron 14906 Brookepoint Drive Houston, Texas 77062 Agent: Steve Robinson 2525 Bay Area Boulevard, Suite 660 Houston, Texas 77058 Commissioner Bacon made a motion to table Zoning Application No. 1073 with a second by Commissioner Greiner. Motion to table passed 5 to 0. B. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1074 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. 1074 Legal Description: 0.590 acres, Lot 5, Block 12, West Lea Subdivision, Abstract 546, H.T. & B.R.R. Company Survey (Manvel Road (FM 1128) north of Bailey Road) Owner: Erasmo Medina 4614 Arnold Pearland, Texas 77584 Agent: Thomas Hayes 2245 N. Main Street Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 2 of 18 Planning and Zoning Commission Pearland, Texas 77581 Commissioner Greiner made a motion to forward Zoning Application No. 1074 to City Council for denial with a second by Commissioner Bacon. Vice-Chairman Selemon stated the request does not comply with the Comprehensive Plan. Chairman Iocco agreed. Chairman Iocco commented that he was on the board when the "General Business" came through and there was not near the concern because there were not many residents at that time. Motion to deny passed 5 to 0. C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1072 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-4) to Commercial District (C), on the following described property, to wit: Zone Change Application No. 1072 Legal Description: 1.761 acres, W.D.C. Hall Survey, Abstract 70 (Liberty Drive south of F.M. 518) Owner: Donya, LLC 13630 Beamer Drive, Suite 107 Houston, Texas 77089 Agent: Jay Javadi 13630 Beamer Drive, Suite 107 Houston, Texas 77089 Commissioner Sandars made a motion to forward Zoning Application No. 1072 to City Council for approval. Vice-Chairman Selemon seconded the motion. Commissioner Greiner stated that she would like it noted in the minutes that this property would be used for parking only. Motion to approve passed 5 to 0. 4111.. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 3 of 18 Planning and Zoning Commission 41111.. D. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE APPLICATION NO. 118 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 temporary storage of goods, on the following described property, to wit: Specific Use Application No. 118 Legal Description: Lots 11 through 19, Block 14, Old Townsite (2335 N. Texas Avenue) Owner: City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Agent: Pearland Neighborhood Center 2335 N. Texas Avenue Pearland, Texas 77581 Commissioner Sandars made a motion to forward Specific Use Application No. 118 to City Council for approval with a stipulation that the dates are from the first of November through the last day of January with a ten-year time limit. Motion failed due to lack of second. Commissioner Bacon made a motion to forward Specific Use Application No. 118 to City Council for approval with the time frame of November 1° through January 31° of the subsequent year and with a limit of two years, which would expire on January 31' of 2004. Vice-Chairman Selemon seconded the motion. Commissioner Bacon stated that he has heard the Pearland Neighborhood Center is looking to relocate to a larger facility and that is why he put such a short time limit on the request. Commissioner Greiner suggested having a latitude of 15 days after the deadline to remove the storage of goods. Chairman Iocco suggested to leave it as it is. Commissioner Greiner commented that sadly the owners are not present to represent themselves for a specific time frame. Motion to approve passed 5 to 0. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 4 of 18 Planning and Zoning Commission E. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1071 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. 1071 Legal Description: 12.58 acres, J. Crawley Survey, Abstract 174, being all of Tract I recorded under file number 94-009151, Brazoria County, Texas (Shadow Creek Ranch west of State Highway 288) Owner: Pearland Investments, L.P. 5195 Las Vegas Boulevard South Las Vegas, Nevada 89119 Agent: Gary Cook— Shadow Creek Ranch Development, L.P. 2947 E. Broadway Street Pearland, Texas 77581 Commissioner Sandars made a motion to forward Zoning Application No. 1071 to City Council for approval with a second by Commissioner Bacon. Vice-Chairman Selemon asked if this acreage is outside of the PUD. Executive Director of Community Services Tobin Maples stated this portion is "hatched" to the Planned Unit Development and is being added to the overall development. Gary Cook of Shadow Creek Ranch Development, L.P., presented a map and showed the piece of property, which is outside of the PUD. He explained that at the time of zoning this particular piece of property was not in the city limits, therefore could not be included in the Planned Unit Development. He stated he is zoning this property as "General Business" in order to be compatible with the rest of the development. Vice-Chairman Selemon stated that at one time there was a medical facility trying to develop in this area that would have been involved in biomedical waste. He asked if this medical center would have to anything to do with that. Mr. Cook replied that this would be a state of the art traditional hospital (a typical medical center with a radiology lab and a oncology lab) and it would not be involved with any medical research or any biomedical disposable waste. He added that a premier hospital inn Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 5 of 18 Planning and Zoning Commission developer would be developing the hospital and has $140,000,000 to $150,000,000 to spend on it. Mr. Cook stated that they have a center in Las Vegas and his doctor's office is located in one of their facilities and he spoke very highly of the center in Las Vegas. Commissioner Greiner stated that this request would fit in "Neighborhood Services" and asked why they are going with "General Business". Mr. Cook replied the developers asked for "General Business" in order to provide the extended stay facilities (i.e. for cancer patients) and this is not allowed in "Neighborhood Service". Executive Director of Community Services Tobin Maples clarified Mr. Cook is correct and there are some uses the developer is asking for that are not allowed in "Neighborhood Services". Commissioner Greiner asked if there could have been a special permit issued. Fred Welch, Director of Economic Development, stated there is also a possibility that a hotel/motel service may be needed with the hospital facility and this would not be allowed in"Neighborhood Services". Vice-Chairman Selemon stated that the request is compatible with the "General Business" section of the PUD adjacent to the property. Commissioner Greiner commented she was just "fishing" for a little bit of a latitude and testing the developer's confidence. Chairman Iocco commended Vice-Chairman Selemon on the point of compatibility with the extended land use located near the property. Motion to approve passed 5 to 0. F. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE APPLICATION NO. 120 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification General Business District (GB) to General Business District — Specific Use (GB(S)), for a two-family dwelling (duplex), on the following described property, to wit: Specific Use Application No. 120 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 6 of 18 Planning and Zoning Commission *'R Legal Description: Being the north 80 feet of Lot 1 and Lot 12, Block G, Pearland Townsite, according to the map or plat recorded in Volume 29, Page 41, of the deed records of Brazoria County, Texas (Orange Street, between Grand Avenue and Park Avenue) Owner: Tommy S. Dawson 4803 W. Orange Street Pearland, Texas 77581 Agent: Saenz Development, LLC 5921 Sawyer Drive Pearland, Texas 77581 Commissioner Sandars made a motion to forward Specific Use Application No. 120 to City Council for approval with a second by Commissioner Bacon. Vice-Chairman Selemon stated that it would be helpful to see a sketch or footprint of the development in the future. Commissioner Bacon stated that he went out and looked at the property and he was under the impression that it was going to be just one duplex covering both lots. He added they are probably going to be tight and very small. He stated that on Lot 12 there is a four- plex right behind this property and there is a very old oak tree that he hopes staff will assure is going to be replaced by the developer. Vice-Chairman Selemon asked if they are locked into voting on two sets of duplexes. Executive Director of Community Services Tobin Maples replied the Commission has the right to make any recommendations to City Council with a Specific Use application. Vice-Chairman Selemon commented there could be parking or flooding issues for the residents by having two duplexes. Executive Director of Community Services Tobin Maples stated there is nothing wrong with the Commission and City Council having the desire of getting involved with the development review process, however there are rules and procedures that are adopted by elected officials. He added that once the zoning is approved then that is the applicant's time to go out and design the project and present their information to staff, which will verify the codes. He stated that there is nothing wrong with the Commission making a recommendation that the project meets all City's codes, because if they do make that recommendation and City Council agrees, then that development can never be taken to the Board of Adjustments for any variances. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 7 of 18 Planning and Zoning Commission Commissioner Greiner voiced her concern that there were strong resident opposition for the fact of how many people were notified and how many could come and voice their concerns. She added that she could only support the request if it is subject to meeting all codes. Chairman Iocco stated that he would like to express a couple of thoughts. He stated that first of all the wording on the agenda was misleading and he asked if this should be a concern. He then asked what kind of square footage the buildings would consist of. Executive Director of Community Services Tobin Maples replied that in his opinion the application was advertises correctly. Carlos Saenz of Saenz Development stated that the square footage would be about 1200 square feet. Chairman Iocco asked if this would be the most best use for the land. He stated that with a 1200 square foot place, that would attract either singles or starter families, and is that the kind of family they would want to be in Old Townsite. Vice-Chairman Selemon commented that what kind of family should not be a concern and there should be all kinds of housing for different sizes families. Commissioner Sandars commented that she would like the oak tree saved also. Dee Saenz of Saenz Development stated that this is step number one of many steps. She commented they may decide to make the duplexes larger or make them two story, however that is only yet to be decided. She added once they hit the City with building permits there are all kinds of requirements they would have to comply with. Mrs. Saenz added they want to be proud of what they build. She pointed out this is just a concept at this time. Ms. Belva Lott objected to the differences in the footage on the survey and the plat. Chairman Iocco stated that is not the Commissions jurisdiction and they are just zoning the land at this time. Chairman Iocco made a motion to amend the original motion to add a stipulation that the development meets all building requirements. Vice-Chairman Selemon seconded the motion. The motion for the amendment passed 5 to 0. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 8 of 18 Planning and Zoning Commission Chairman Iocco expressed concerns that a Specific Use is p given to this property and it would stay with the property and not be developed. He asked about putting a time frame on the piece of property to be developed (i.e. one year or two years). He asked the developer if two years would be adequate time to get the development going. Carlos Saenz agreed that would be enough time. Chairman Iocco made a motion to amend the motion to add another stipulation that the Specific Use Permit would expire two years after receiving approval of the request by City Council if construction has not started. Commissioner Bacon seconded the amendment. The motion for the amendment passed 5 to 0. Chairman Iocco called for question. The motion with two amendments passed 5 to 0. G. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE APPLICATION NO. 119 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Suburban Development District — Specific Use (SD(S)), for an accessory building, on the following described property, to wit: Specific Use Application No. 119 Legal Description: 10.00 acres, Abstract 234, H.T.& B.R.R. Company Survey, Tract 17 (1833 Max Road) Owner: Jan Sutter and Jill Kremling 1833 Max Road Pearland, Texas 77581 Vice-Chairman Selemon made a motion to table Specific Use Application No. 119 with a second made by Commissioner Greiner. Executive Director of Community Services Tobin Maples stated that during the public hearing he gave out some incorrect information. He stated that because their tract is larger then half an acre then they are not limited to the 30% for accessory uses. Motion to table failed 2 to 3. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 9 of 18 Planning and Zoning Commission Commissioner Bacon made a motion to forward Specific Use Application No. 119 to City Council for denial. Motion failed due to lack of second. Vice-Chairman Selemon made a motion to forward Specific Use Application No. 119 to City Council for approval. Chairman Iocco seconded the motion. Commissioner Sandars stated that she is concerned because her concept changed throughout the discussion from the owner having storage of lawn mowers to having storage of boats. She stated that she needs more information on the size of the building and what is being stored. Jill Kremling, owner, stated that there are three families that reside on the property and she has been there since the 1950's. She added there would be 3 trailers, a few 4 wheelers, lawnmowers, a motorcycle, and four vehicles. She explained there are a lot of items that need to be stored between three families. Commissioner Greiner stated that the she is trying to be fair and equitable to staff by asking for a site plan or drawing on this property as well. Commissioner Bacon stated that he has one question. He asked if a property has to be zoned before a building permit can be issued. He stated that a few council members also questioned this. Executive Director of Community Services Tobin Maples explained that this is the zoning process. He then referred to the tables in the back that showed where an accessory building would be allowed with a Specific Use Permit with "Suburban Development" zoning. Commissioner Greiner made a motion to amend the original motion to add the stipulations that the structure shall meet all building requirements and the specific use permit would expire two years after receiving approval by City Council if construction has not started. Vice-Chairman Selemon seconded the motion. The motion for the amendment passed 5 to 0. Chairman Iocco called for question. The motion to approve passed 5 to 0. H. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1075 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 10 of 18 Planning and Zoning Commission 4801. 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 (R-1), on the following described property, to wit: Zone Change Application No. 1075 Legal Description: Lot 31 and Lot 32, Somersetshire Estates, as recorded in Volume 16, Page 283, Plat Records of Brazoria County, Texas (3203 Excaliburs Court) Owner: Thanh Dac Nguyen 15715 El Camino Real Houston, Texas 77062 Commissioner Bacon made a motion to forward Zoning Application No. 1075 to City Council for approval with a second by Vice-Chairman Selemon. Commissioner Sandars asked if all of the questions from the owner have been answered. She was concerned about the house being built in the middle of the two lots. Chairman Iocco reminded the Commission they are zoning the land and the owner could sell the property tomorrow if he wished. Deputy City Attorney Nghiem Doan replied that he spoke with the owner briefly, however all of the questions have not been answered at this time. Commissioner Sandars asked if Somersetshire Subdivision has been zoned. Executive Director of Community Services Tobin Maples replied most of the subdivision is zoned as "Suburban Development". Chairman Iocco added a few lots have been zoned for"R-1" although they have mobile homes on the lots. Commissioner Greiner asked if there is anything that would prevent the owner from being able to build a house. Executive Director of Community Services Tobin Maples pointed out that there is an easement that runs caddy corner across the lot on the right so depending on where he sets his foundation he may be able to build higher up to the north side of the lots. He added that the City would not allow him to build on top of the easement. Mr. Maples pointed out that there is a "Declaration of Intent" and if you have two lots and you intend to develop the lots with one house you can file this document at the Court house and this would prevent the owner from having to plat the property. AN- Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 11 of 18 Planning and Zoning Commission Chairman Iocco called for question. Motion to approve passed 5 to 0. I. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1076 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 (R-E), on the following described property, to wit: Zone Change Application No. 1076 Legal Description: 0.830 acres, Abstract 505, H.T.& B.R.R Company Survey, Tract 6A (5024 Longleaf Drive) Owner: Adriel Sotelo 7706 Longleaf Drive Pearland, Texas 77581 Commissioner Sandars made a motion to forward Zoning Application No. 1076 to City Council for approval with a second by Commissioner Bacon. Chairman Iocco commented that getting the land zoned is heading in the right direction for code enforcement issues. Motion to approve passed 5 to 0. J. CONSIDERATION & POSSIBLE ACTION — Parks at Walnut Bend Section Two, Being a subdivision containing 26.4171 acres located in the H.T.&B. R.R. Survey, A-239 City of Pearland, Brazoria County, Texas. Being a replat of reserve "B" of the Amending Plat of Parks at Walnut Bend Section One, as recorded in Volume 22, Page 141-144 of the plat records of Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated staff recommends approval with several minor comments: 1. Provide a 5' electrical easement on the right-of-way for street light lot 16 of block 1. 2. Indicate base flood elevation. 3. Add a street light along Veterans Drive 4. Need approved construction plans Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 12 of 18 Planning and Zoning Commission 5. Show the width of reserve strip C on lot 53, block 2 (blow up drawing) 6. Need to label Reserve A as a storm sewer easement 7. change note 13 to state they would provide 6' sidewalks instead of 4' sidewalks. Chairman Iocco asked if the plat meets all requirements. Mr. Keller replied that it does meet all the requirements. Commissioner Greiner made a motion to deny Parks at Walnut Bend Section Two because she would like to see a cleaner plat. Vice-Chairman Selemon seconded the motion. Commissioner Greiner stated that she draws the line at six comments recommended by staff. Vice-Chairman Selemon asked about the time clock for this plat. Secretary Jennifer Gonzales stated the 30-day clock starts at the time the plat is submitted, which would more then likely be November 8th, the deadline for this meeting. Vice-Chairman Selemon stated that he would like to see the six-foot sidewalk requirement in writing before he approves the plat. Mr. Keller commented that six of the comments were comments stated to the engineer previously. Motion to deny passed 4 to 1. Voting Record: "Aye" - Chairman Iocco, Vice-Chairman Selemon, Commissioner's Bacon and Greiner. "No" - Commissioner Sandars. K. CONSIDERATION & POSSIBLE ACTION — Final Plat of Southgate Section One, a Subdivision of 72.65 acres of land out of and a part of 173.49 acre tract situated in the H.T.& B.R.R. Company Survey, Section 81, Abstract 300, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that one outstanding item is the Traffic Impact Analysis because the City's traffic consultant has not had a chance to review the analysis yet. He explained that this is located to the west of Highway 288 and to the north of CR 59 and City of Manvel is located to the south. He added that this would probably be one of the last R-3 subdivisions that the City does. He gave a brief description of the different sheets of the plats. Mr. Keller listed staffs comments as: Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 13 of 18 Planning and Zoning Commission 1. Need to provide an instrument from the present owner for the abandoned canals. 2. The offsite easements need to be recorded. 3. They need approved construction plans. Mr. Keller stated that staff is recommending approval however there are fairly minor drafting comments, which the engineers has conveyed and turned in today, however Mr. Keller has not had a chance to review the corrections. He read the following drafting comments into the record: 1. Add sheet number reference to note number 2. 2. Add a couple of drainage lines at southeast corner of sheet 4. 3. Add a 5' electrical easement on right-of-way of CR 59 for street light service 4. Correct the vicinity map to show Manvel's ETJ. 5. Add recordation info of offsite drainage and sanitary sewer easements. 6. Approval of traffic report from the City's consultant. Bud Goza, developer, stated that the easements were turned in late today, and the revised mylars were turned in today from comments they received on Friday. He stated that when they zoned this property one of the conditions of the approval was to receive approval of a Traffic Study. He added that TDAI did review and approve the study, however since then TxDOT has changed their schedule, therefore he has addressed the changes and the City has not had a chance to review them as of yet. Mr. Keller outlined the previous traffic concerns for the new commission members. Discussion ensued between the Commission and the developer on the overpass at highway 288. Commissioner Greiner stated that she feels the City should have time to review the changes before getting the item on the agenda. Mr. Goza stated that he did not see what would be wrong with a conditional approval and referred to City's staff being overworked a it is. Commissioner Sandars made a motion to approve the Final Plat with all contingencies stated by staff Chairman Iocco seconded the motion. Commissioner Sandars stated she would like to see a procedure set up so that these plats do not come to the Commission with so many comments. Executive Director of Community Services Tobin Maples pointed out the 30-day clock and if they do not bring the plat to the Commission within the 30 days then the plat is automatically approved. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements,and other tasks as mandated by the City Charter. Page 14 of 18 Planning and Zoning Commission Motion to approve failed 2 to 3. Voting Record: "Aye" - Commissioner's Bacon and Sandars. "No" - Chairman Iocco, Vice-Chairman Selemon, and Commissioner Greiner. L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah Meadows Section Three, a subdivision of 24.49 acres of land out of A.C.H. & B. Survey, A- 403 and the J.S. Talmage Survey, A-403 and the J.S. Talmage Survey, A-562 Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following comments: 1. The coordinates need to be corrected. 2. The date needs to read November 8, 2002 on the title block of Sheet 2. 3. The offsite easements need to have the recordation information. Commissioner Sandars made a motion to approve the Final Plat of Savannah Meadows Section Three with staffs recommendations. Commissioner Bacon seconded the motion. Vice-Chairman Selemon asked if sidewalks are required along Savannah Parkway. 00•■• Commissioner Greiner referred the Commission to note 17 regarding sidewalks. Motion to approve passed 5 to 0. M. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of La Polama, a subdivision of 16.1964 acres situated in the W.D.C. Hall Survey, Abstract No. 70, Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that this plat was rejected a few weeks ago and they have now relocated the entrance street and have added onsite detention. He stated that he had a number of comments, however the engineer has already addressed all the comments and the corrections have been made. Commissioner Greiner stated that in the past the City has had issues about having more then one name on one street due to EMS/911 reasons. She asked if this should be a concern. Mr. Keller replied that is was not a concern of our addressing manager. Commissioner Sandars made a motion to approve the Preliminary Plat of La Polama with a second made by Commissioner Bacon. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 15 of 18 Planning and Zoning Commission Chairman Iocco stated for the record that he also has concerns about double street names on one street. Motion to approve passed 5 to 0. N. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Oakbridge Apartments, a subdivision of 10.000 acres out of Lot 42, Zychlinski's Subdivision in the H.T.&B. R.R. Survey, Abstract No. 233 and out of Lot 5 Walcott's Pearland Subdivision in the D.H.M. Hunter Survey, Abstract No. 76, City of Pearland, Brazoria County, Texas. Variance Request: 1. Request by Lentz Engineering for a variance from the Subdivision Ordinance that prohibits Storm Water Pumped Detention Systems. 2. Request by Lentz Engineering for a variance from the Subdivision Ordinance to allow for driveway spacing along Old Alvin Road. Plat and Plans Administrator Richard Keller stated that this went through the preliminary stages at one time and the plat expired. Secretary Jennifer Gonzales corrected Mr. Keller by stating the plat went through the final stages and obtained final plat approval and the final plat expired on September 17, 2002. She explained that a plat has one year after receiving final approval to get their plat recorded or it expires and they have to start over. Mr. Keller stated that the second variance does not need to be acted on per the City Engineer. Thomas Langford of Lentz Engineering stated that the final plat and construction plans have received final approval back in January. Commissioner Sandars made a motion to deny the variance request for pumped detention in order to remain consistent with previous requests for pumped detention. Commissioner Greiner seconded the motion. The motion to deny the variance passed 5 to 0. Commissioner Sandars commented that there is an ordinance that states pumped detention systems are not allowed. She stated that if these developers would like the ordinance changed then they need to go through the proper channels. AM*. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 16 of 18 Planning and Zoning Commission �- Commissioner Bacon made a motion to approve the Preliminary Plat of Oakbridge Apartments with a second made by Commissioner Greiner. Motion to approve passed 5 to 0. O. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of CVS Silverlake, A subdivision of 5.1449 acres of land out of the R.B. Lyle Survey, Abstract 539, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that this plat was requested to be put on the agenda too quickly. He stated that staff recommends tabling because he has not had a chance to review the corrected plat. Commissioner Sandars made a motion to table the Preliminary Plat of CVS Silverlake with a second made by Vice-Chairman Selemon. Motion to table passed 5 to 0. P. DISCUSSION & POSSIBLE ACTION - Discussion and possible adoption of Planning and Zoning By-Laws (Rules and Procedures). Commissioner Sandars made a motion to table the discussion and possible action on the By-Laws. Motion failed due to lack of second. Planner I Theresa Grahmann stated that there are only two changes. She stated the first change was on the section regarding the workshops and the second change was regarding any meeting with applicants outside of a scheduled meeting. Commissioner Greiner stated that on page 4, section 4, she wondered if they should add in three"consecutive" meetings to remain consistent with the City's Charter. Discussion ensued regarding whether or not to add in "consecutive" and the Commission agreed to leave the document as is. Commissioner Sandars made a motion to approve the Planning and Zoning By-Laws as presented with a second made by Commissioner Greiner. Chairman Iocco commended the Commission on getting through these discussions and putting the Rules and Procedures together. Motion to approve passed 5 to 0. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 17 of 18 Planning and Zoning Commission ANEW Q. DISCUSSION & POSSIBLE ACTION - Request by R.G. Miller for an extension of the Preliminary Plat of The Reserve at Tranquility Lakes. Plat and Plans Administrator Richard Keller stated that the Subdivision Ordinance states that a preliminary plat will expire after six months. He stated that staff is unsure if that means before getting the final plat started or getting the final plat approved, therefore suggested the engineer bring this forward for an extension. Commissioner Sandars made a motion to approve the request for a six-month extension from today (November 18, 2002) with a second by Commissioner Bacon. Motion to approve passed 5 to 0. IV. NEXT MEETING DATES: December 2, 2002 December 18, 2002 V. ADJOURNMENT The meeting adjourned at 10:15 p.m. ,ese minutes re i tfully submitted by: J '4 Je er Gzales, lanm : & Zoning Secretary Minutes ap ved as submitted 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. Page 18 of 18