2002-10-21 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 OCTOBER 21,
2002, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARINGS, IN THE
SECOND FLOOR CONFERENCE ROOM, PEARLAND, TEXAS.
CALL TO ORDER
The regular meeting was called to order at 7:32 p.m. with the following present:
Vice-Chairman Russ Selemon
Commissioner Ray Bacon
Commissioner Sheryl Greiner
Commissioner Ruby Sandars
Executive Director of Community Services Tobin Maples
Plat and Plans Administrator Richard Keller
Development Coordinator Mona Phipps
Planner I Theresa Grahmann
Asst. City Attorney Nghiem Doan
Secretary Jennifer Gonzales
Chairman Todd Iocco, Commissioner's Don Sederdahl and Robert Scherrer were
absent.
H. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Remove from Table: Variance
Request by West Development from the Subdivision Ordinance regarding
Pearland Parkway.
Commissioner Bacon made a motion to remove the request by West Development from
the table with a second made by Commissioner Sandars.
City Attorney Damn Coker stated that he recently met with City Council on a particular
request and he wanted to express the opinion of the City Council and the direction they
have chosen. He stated he met with them in an executive session where they discussed
the various options and the legal implications. Mr. Coker stated that City Council made a
unanimous decision that it should be denied and they expressed the desire to continue
with our policy of requiring the developer to build roadways that cut through their
subdivision as well as half of the roadway that runs adjacent to their subdivision. He
stated in this case Pearland Parkway is the roadway that runs adjacent to the subdivision,
therefore the City is requesting them to either construct or put funds into escrow for two
lanes of the Pearland Parkway.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvefnents,
and other tasks as mandated by the City Charter.
Page 1 of 19
Planning and Zoning Commission
Commissioner Sandars stated that she is a new member and does not know much about
this kind of request. She added that the piece of paper submitted by West Development
is just a bunch of numbers that doesn't mean anything to her.
Commissioner Bacon agreed and stated he has never even seen a plat map or a map of the
location where they are requesting the variance.
Vice-Chairman Selemon asked about the 30-day rule.
Executive Director of Community Development Tobin Maples replied that since they are
only discussing the variance request the 30-day rule does not apply.
Commissioner Greiner made a motion to put the variance request by West Development
back on the table until they receive a package including more information and the history
on this request. Commissi341cY Saadan zeondcd&the-otiocr
Motion to table passed 4 to 0.
B. CONSIDERATION & POSSIBLE ACTION — Variance Request by West
Development from the Subdivision Ordinance regarding Pearland Parkway.
The Commission took no action because the item has been put back on the table.
Commissioner Sandars made a motion to move the zoning applications forward on the
agenda with a second made by Commissioner Greiner.
Motion to move zoning applications forward passed 4 to 0.
J. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No.
1070 and Specific Use Application No. 117
Request for an amendment to the Land Use and Urban Development Ordinance of
said City from classification Suburban Development District (SD) to Commercial
District — Specific Use (C(S)) for storage and mini-warehouse uses, on the following
described property, to wit:
Zone Change Application No. 1070 and Specific Use Application No. 117
Legal Description: 4.690 acres, Abstract 300, H.T. & B.R.R. Company Survey,
Tract 42-43 (Southwest Corner of S.H. 288 and F.M. 518)
Owner: Dennis Murphree TR DEM # 20
550 Westcott, Suite 245
Houston, Texas 77007
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvefnents,
and other tasks as mandated by the City Charter.
Page 2 of 19
Planning and Zoning Commission
Agent: Osborn & Vane Architects, Inc.
Commissioner Bacon made a motion to approve the "Commercial" request and to deny
the Specific Use Permit Request. Commissioner Greiner seconded the motion.
Commissioner Sandars asked if this is on the corner.
Dennis Murphree, owner, stated that TxDOT actually owns the corner. He stated that he
would like to withdraw his request for the Specific Use Permit due to the fact that he
found out only this afternoon that staff is recommending denial. He stated that currently
he does not have enough information to even try to persuade the Commission.
Executive Director of Community Services Tobin Maples stated that staff did let the
developer know at the Pre-Development Meeting that staff would not recommend
approval of the Specific Use Permit.
A Public Comment Form was left out by Peyton Martin, 310 Morton Street #280,
Richmond Texas. He commented that he feels there is a lot of other compatible uses
other then a storage facility for an entranceway into Pearland.
Motion to approve Zoning Application No. 1070 passed 4 to 0.
Motion to deny Specific Use Application No. 117 passed 4 to 0.
K. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No.
1066 and Specific Use Application No. 114
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— Specific Use (GB(S)) for storage and mini-warehouse uses, on the
following described property, to wit:
Zone Change Application No. 1066 and Specific Use Application No. 114
Legal Description: 8.45 acres, Abstract 242, Section 17, H.T. & B.R.R. Company
Survey, Brazoria County, Texas (5119 Fite Road)
Owner: Howard Bright
2303 Cunningham Drive
Pearland, Texas 77581
Agent: Michael Pollok
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,
and other tasks as mandated by the City Charter.
Page 3 of 19
Planning and Zoning Commission
Commissioner Bacon made a motion to forward Zoning Application No. 1066 and
Specific Use Application No. 114 to City Council for approval. Commissioner Sandars
seconded the motion.
Commissioner Sandars asked if it is possible for the Commission to require that a 6'
fence should go all along the Suburban Development lots as well as the Residential lots.
Executive Director of Community Services Tobin Maples stated that the Commission can
make a recommendation, however, City Council does have the final say. He stated that
with a Specific Use Permit everything is negotiable.
Commissioner Sandars stated that she does not like the idea of a partial fence.
Mike Pollak, agent, stated that most likely there would be a continuing wall and the
backside wall would be at least 6', maybe even 8', and there would be enclosed storage
units. He assured the Commission there would be more then the 6' requirement.
Commissioner Sandars amended the motion to state that the entire eastern side of the
property should have a 6' wall. Commissioner Greiner seconded the amendment.
Jack McGuff asked if the back of the building would be a concrete wall or metal.
4"' Mr. Pollak replied he would never substitute metal for any concrete on any perimeter
wall.
Vice-Chairman Selemon stated that for a point of information the Comprehensive Plan
does call for low density and he would like to remain consistent.
Jack McGuff replied that low density on Fite Road is not likely to happen. He stated he
would much rather have Mike Pollak's developments next to him on Fite Road.
Mr. Pollak added that the zoning in front of the property has just been zoned
"Commercial" and it's not a good idea to have residential zoning behind the property.
Amended Motion passed 4 to 0.
Motion to approve passed 4 to 0.
L. CONSIDERATION & POSSIBLE ACTION— Specific Use Application No. 116
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 attached townhome units, on the following
described property, to wit:
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,
and other tasks as mandated by the City Charter.
Page 4 of 19
Planning and Zoning Commission
Specific Use Application No. 116
Legal Description: Lots 13, 14, 15, and 16, Block 25, of Pearland Townsite, an
addition to Brazoria County, Texas, according to the plat or
map recorded in Volume 29, Page 41, of the Deed Records of
Brazoria County, Texas (Park Avenue north of Walnut Street)
Owner: Darlene Abshire
2419 Evergreen Drive
Pearland, Texas 77581
Agent: Jimmy Ellis
Commissioner Bacon made a motion to forward Specific Use Application No. 116 to
City Council for denial. Commissioner Greiner seconded the motion.
Commissioner Greiner stated she thinks they should keep the block consistent with what
is presently there.
Commissioner Bacon stated he would also like to see it stay business.
Motion to deny passed 4 to 0.
M. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No.
1065 and Specific Use Application No. 113
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 — Specific Use (R-1(S)) for a church, on the following described
property, to wit:
Zone Change Application No. 1065 and Specific Use Application No. 113
Legal Description: 8.00 acres, Abstract 242, Section 17, Tract 1C, H.T. & B.R.R.
Company Survey, Brazoria County, Texas (County Road 89
south of F.M. 518)
Owner: Richard Hoover
6907 Gleneagles
Pasadena, Texas 77505
Agent: Will of God Family Church
411111.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvelnents,
and other tasks as mandated by the City Charter.
Page 5 of 19
Planning and Zoning Commission
41111.
The application was withdrawn by the owner. No action was taken.
N. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No.
1067 and Specific Use Application No. 115
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 — Specific Use (R-E(S)) for a day care facility, on
the following described property, to wit:
Zone Change Application No. 1067 and Specific Use Application No. 115
Legal Description: 0.6740 acres, George C. Smith Survey, Abstract 546, Brazoria
County, Texas (3806 Harkey Road)
Owner: Elizabeth Bains
3402 Windsor Street
Pearland, Texas 77584
Agent: Bennie Morgan
Commissioner Sandars made a motion to forward the Zoning Application No. 1067 and
Specific Use Application No. 115 to City Council for approval. Commissioner Greiner
seconded the motion.
Mrs. Elizabeth Bains, owner, agreed this is the best zoning, because if the day care
doesn't work out then they could still have a residence.
Motion to approve passed 4 to 0.
O. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No.
1069
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. 1069
Legal Description: 8.11 acres, being the west 544.41 feet of Lot 56 of the Allison
Richey Gulf Coast Home Company Subdivision of Sectio 80,
H.T. & B.R.R. Company Survey, Abstract 564, according to
the plat recorded in Volume 2, Page 98, Plat Records, Brazoria
County, Texas (County Road 59)
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
Owner: Trach Xuan Mai and Tran Thi Yen
4111 Airline
Friendswood, Texas 77546
Agent: James M. Johnson
Commissioner Bacon made a motion to forward Zoning Application No. 1069 to City
Council for approval. Commissioner Greiner seconded the motion.
Commissioner Bacon asked what the cul-de-sac lengths are. James Johnson, agent,
replied that he does not have that information at this time.
Executive Director of Community Services Tobin Maples explained the subdivision
would have to comply with the City's ordinances when it comes time to develop.
Vice-Chairman Selemon asked if there would be 80' wide lots. Mr. Johnson replied there
would be because they would be R-1.
Commissioner Sandars asked why Mr. Johnson would want to keep the yellow section as
Executive Director of Community Services Tobin Maples pointed out that both are
considered low density, therefore both are consistent with the Comprehensive Plan. He
explained the "RE" tract is owned by one individual. He stated the owner wanted the
"RE" to protect himself and to build any homes for his family.
Commissioner Sandars asked how much density would be allowed if they were
developed at the "RE". She asked if it would be another 25 to 30 houses on the other two
if they were developed. Mr. Maples replied theoretically speaking, she is correct.
Mr. Johnson stated the "RE" property is owned by one gentleman who plans to develop
more then one home on the property for his family.
Discussion ensued regarding the property owners next to the requested zoning.
Commissioner Greiner asked if they were notified of this zoning. Mr. Maples replied not
if they weren't within 200 feet of the property.
Mr. Johnson commented that the 40 acres was zoned R-2 a few weeks ago and at that
time we told City Council that we would come forward with R-1 on this tract as a
compromise due to the previous density issues.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,
and other tasks as mandated by the City Charter.
Page 7 of 19
Planning and Zoning Commission
Commissioner Sandars asked if he is the agent on the tract. Mr. Johnson replied yes and
he is also the developer.
Commissioner Sandars asked if he currently owned the property. Mr. Johnson replied
they close in two weeks.
Motion to approve passed 4 to 0.
P. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No.
1068
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. 1068
Legal Description: 1.50 acres, being part of Lot 9, Allison Richey Gulf Coast
Home Company Subdivision, a subdivision in Section 20, H.T.
& B.R.R. Company Survey, Abstract 506, Brazoria County,
Texas (2329 Sterling Drive)
Owner: Emir Guevara
2329 Sterling Drive
Pearland, Texas 77584
Commissioner Greiner made a motion to forward Zone Change Application No. 1068 to
City Council for approval. Commissioner Bacon seconded the motion.
Commissioner Sandars asked if there would be a limit for the size of the garage that is
going to be built.
Executive Director of Community Services Tobin Maples replied that there is a limit and
this would be reviewed at the time of permitting.
Motion to approve passed 4 to 0.
C. CONSIDERATION & POSSIBLE ACTION — A Preliminary Plat of Autumn
Lake Section Three, a subdivision of 18.8283 acres located in the H.T.&B. R.R.
Co. Survey, Abstract 304, City of Pearland, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recomtpends
approval with the following comments:
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,
and other tasks as mandated by the City Charter.
Page 8 of 19
Planning and Zoning Commission
1. Need to have street name change from Wooten Rd to Fair Oak Street, and
would like that to be done at Land Brook Lane rather then Olive Mount Street.
2. Need to have surveyor signature on plat.
3. Describe location of elevation with a permanent benchmark.
4. They need to take off the 1' wall bench reserve (reserve E).
5. Need to get the existing sewer easement issue resolved before the final plat.
Mr. Keller stated the first two sections are to the north along the Fair Oak Street.
Commissioner Sandars asked what the zoning is. Vice-Chairman Selemon
replied R-3.
Commissioner Greiner pointed out she is going to motion to deny the plat.
Secretary Jennifer Gonzales reminded the Commission that this is a Preliminary
Plat.
Vice-Chairman Selemon stated for a point of information they have been more
lenient on the Preliminary Plats in the past.
Asst. City Attorney Nghiem Doan pointed out that the motion should be a motion
to approve subject to the changes being made.
Commissioner Sandars made a motion to approve the Preliminary Plat of Autumn
Lake Section Three with staff's comments. Vice-Chairman Selemon seconded
the motion.
Commissioner Sandars asked if staff is requesting that Wooten Road be
eliminated. Mr. Keller replied that staff is asking to move the location of where
the name changes.
Vice-Chairman Selemon stated that by the time they get to the final stages he
would like to see north to the top of the plat so the map is not sideways.
Motion to approve passed 3 to 1.
Voting Record:
"Aye" - Vice-Chairman Selemon, Commissioner's Bacon and Sandars.
"No" - Commissioner Greiner.
Commissioner Greiner stated that her reason for voting against approval is that
she would like to see the plats come through cleaner before the Commission
approves them.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,
and other tasks as mandated by the City Charter.
Page 9 of 19
Planning and Zoning Commission
D. CONSIDERATION & POSSIBLE ACTION — A Preliminary Plat of Cypress
Village Section One, a subdivision of 50.3466 acres located in the H.T&B. R.R.
Co. Survey, Abstract 241 and the H.T.&B. R.R. Co. Survey, Abstract 546, City
of Pearland, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends
approval with the following comments:
1. All lettering should be readable from the bottom and right side.
2. Surveyor Signature on plat.
3. Need to put a north arrow on vicinity map.
4. Before final plat is recorded staff needs to see the deed for the tract that forms
half of Magnolia Drive. (comment for the final plat only)
5. Provide details for each reserve strip (little blow up diagrams).
Commissioner Greiner made a motion to deny the plat because the deed is an
important issue and also she doesn't feel like the signatures are asking too much.
Commissioner Sandars seconded the motion.
Secretary Jennifer Gonzales explained the signatures are usually on the mylars
and the prints, which are submitted for the Commission, are usually run before
they obtain all the signatures. She suggested checking the mylars for the
AM, signatures.
Mr. Keller verified that the signatures are on the mylars.
Commissioner Bacon had concerns regarding the drainage.
John Taylor, developer, gave a brief explanation of how the drainage would flow
and how he is in an agreement with the City regarding a nearby regional detention
facility.
Commissioner Bacon asked if the developer would be responsible for
constructing the regional detention facility or if the City would.
Mr. Taylor stated that if the regional detention facility is constructed during their
time frame then they would dig their detention facility first. He assured the
Commission that there would be drainage when they develop this property.
Commissioner Bacon asked how they would get the water from his subdivision
across Mary's Creek. Mr. Taylor replied they would not have to because they
have the detention capacity to take flow out of the creek so they don't have to
have it come directly out of the subdivision.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,
and other tasks as mandated by the City Charter.
Page 10 of 19
Planning and Zoning Commission
Mr. Taylor commented that it is an engineering issue and he is sure staff could
address that issue further with the Commission.
Commissioner Bacon stated that he has a problem with anything that has to do
with Mary's Creek, Corrigan, and water going down stream.
Mr. Taylor stated they are detaining their water and a detention plan does have to
be approved by the City.
Executive Director of Community Services Tobin Maples explained that the post
development flows are not going to exceed the pre-development historical flows,
which is all verified by our staff
A lengthy discussion ensued regarding the detention for this subdivision. Mr.
Taylor commented that they have worked with the City for months on this
detention facility agreement.
Kevin Price, developer, commented they have exceeded the necessary
requirements.
Commissioner Sandars asked how much water would the detention hold. She
wanted to know how much rain could be held before it starts to flood.
Mr. Maples stated that he is not sure if that question can be answered at this time.
He reminded the Commission that the City has adopted a Storm Drainage Criteria
Manual that every plat has to be in compliance with before the plat is even
brought to the Commission.
Vice-Chairman Selemon stated that the Commission is having concerns with the
inconsistency with some plats that require onsite detention and some plats that are
able to buy into detention elsewhere.
Mr. Maples suggested a workshop with the City Engineer and City Council.
Vice-Chairman Selemon added that they are also concerned about how "flat" the
City is and how they are concerned about the "no-pump" issue. He stated the
Commission may not approve some of these plats until they understand the
drainage situations.
Mr. Maples stated that the workshop would not be a problem to get scheduled.
He reminded the Commission that they held up their right hand and took all oath
to uphold the rules and regulations of the City. Mr. Maples added that when these
plats come forward and are in compliance, the Commission can not deny the
plats.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvefnents,
and other tasks as mandated by the City Charter.
Page 11 of 19
Planning and Zoning Commission
p
Vice-Chairman Selemon explained that the Commission wants to make sure they
aren't dealing with a 10 to 20 year old ordinance that is now outdated and
meanwhile the City is flooding. He added that a workshop is the perfect solution.
Mr. Maples stated that it sounds like there is a philosophical difference of whether
or not the Commission agrees with the ordinances.
Commissioner Sandars commented that they don't understand the ordinances, and
that is their problem.
Commissioner Sandars proceeded to ask if there are any rules or regulations about
building next to a pipeline.
Mr. Maples pointed out there is a hold harmless statement on the plat which holds
the City harmless if anything were to happen.
Commissioner Bacon called for question.
Commissioner Greiner asked for a point of information. She stated she heard
there was a plan for detention underway and wanted to know if this has already
been approved and if there is another plan if the deal falls through.
Mr. Maples stated the agreement is in place and reminded the Commission this is
only a preliminary plat.
Motion to deny failed 1 to 3.
Voting Record:
"Aye" - Commissioner Greiner.
"No" - Vice-Chairman Selemon, Commissioner's Bacon and Sandars.
Commissioner Bacon made a motion to approve the Preliminary Plat of Cypress
Village Section One with staff's recommendations. Commissioner Sandars
seconded the motion.
Motion to approve passed 3 to 1.
Voting Record:
"Aye" - Vice-Chairman Selemon, Commissioner's Bacon and Sandars.
"No" - Commissioner Greiner.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,
and other tasks as mandated by the City Charter.
Page 12 of 19
Planning and Zoning Commission
E. CONSIDERATION & POSSIBLE ACTION —A Preliminary Plat of Lawrence
Place, being 33.623 acres out of F.B. Drake Survey, Abstract 509, Pearland,
Brazoria County, Texas.
Variance Request:
1. Request by Lentz Engineering for a variance from the Subdivision
Ordinance to allow for use of a pumped detention facility.
Executive Director of Community Services Tobin Maples stated that this is an R-1 PUD
and there is no minimum lot width.
Vice-Chairman Selemon asked when they approve this would it then go to City Council.
Mr. Maples replied no because plats don't go to City Council at all.
Pierre Nys, 4719 Backenberry, Friendswood, TX stated that he is only requesting a
temporary lift station because Brazoria County Drainage District (BDD4) has a Master
Plan to deepen the ditch. He explained that when the get this done in 2 - 3 years the
pump would be removed. He stated that he wanted to clarify that this is just a temporary
pump.
Vice-Chairman Selemon asked for the history of this project.
Mr. Nys stated that he first met with Staff back in January of 2002 at a Pre-Development
Meeting. He added that in April the engineering department told him that if he doesn't
get the pumped system then '/2 of his property would have to be used for drainage. Mr.
Nys stated that he first met with P&Z on April 15th, then proceeded to have his Joint
Public Hearing and then received his request.
Plat and Plans Administrator Richard Keller commented that he has written a paper on
the subject.
Vice-Chairman Selemon reminded the Commission that some projects were caught in the
process of the ordinance change.
Commissioner Greiner asked if he is on the 30-day clock with the plat approval.
Executive Director of Community Services Tobin Maples replied he is on the 30-day
clock.
Commissioner Sandars stated that she has a problem with the being a "temporary"
pumped system and relying on another entity to get there work done in order to remove
the pump.
411110.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvetnents,
and other tasks as mandated by the City Charter.
Page 13 of 19
Planning and Zoning Commission
Mr. Nys stated that he has done research on the maintenance of the pumped system and
has been in contact with Aqua Source Services. He presented an example of an
agreement for the Commission to review.
Commissioner Bacon made a motion to approve the variance with the stipulation that a
maintenance agreement is in place for maintenance and a back up generator is provided.
Vice-Chairman Selemon seconded the motion.
Commissioner Greiner argued that they have discussed several times about these
variances and they have stood strong on denying the variances.
Vice-Chairman Selemon suggested that when others come up then they can add in a
stipulation for a maintenance agreement and back up generators.
Commissioner Sandars stated that she though their place as a "group" was that the
ordinance needs to be revised.
Mr. Nys stated that is the reason he has come up with the compromise with providing the
agreement.
Motion to approve failed 2 to 2.
Voting Record:
"Aye" - Vice-Chairman Selemon and Commissioner Bacon.
"No" - Commissioner's Greiner and Sandars.
Commissioner Sandars stated the Commission has an ordinance to go by and she wants to
be consistent with the ordinance.
Commissioner Bacon stated that he has spoken to several City Council members and they
said that if the Commission wants to approve these variances then they are allowed to.
Commissioner Sandars commented they need a workshop on this.
Commissioner Bacon asked what the situation is if the variance is not approved. Mr. Nys
replied that if the variance is not approved then he would like his plat to be tabled.
Commissioner Greiner made a motion to table the Preliminary Plat of Lawrence Place
with a second by Commissioner Sandars.
Motion to table passed 4 to 0.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvefnents,
and other tasks as mandated by the City Charter.
Page 14 of 19
Planning and Zoning Commission
F. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Cabot Cove
Section Two, a subdivision of 30.2890 acres located in the H.T&B. R.R. Co.
Survey, Abstract 508, City of Pearland, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval with
the following comments:
1. All lettering and numbering should be readable from the bottom.
2. Need to show width of reserves A& B on blow up.
Commissioner Sandars asked what this is zoned as. She asked if each lot needs to meet
the requirements of R-2. Mrs. Sandars asked about several lots and their widths. Staff
verified the lots.
Commissioner Bacon made a motion to approve the Preliminary Plat of Cabot Cove
Section Two with staffs recommendations. Commissioner Greiner seconded the motion.
Motion to approve passed 4 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Cabot Cove
Section Three, a subdivision of 13.6540 acres located in the H.T&B. R.R. Co.
Survey, Abstract 508, City of Pearland, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval of the
plat with the following comments:
1. All lettering and numbering should be readable from the bottom.
2. Need to show width of reserves A& B on blow up details.
Commissioner Bacon made a motion to approve the Preliminary Plat of Cabot Cove
Section Three with staff's recommendations. Commissioner Greiner seconded the
motion.
Commissioner Sandars asked about the plans for a park and how they would pay money
for each lot if required.
Discussion ensued regarding the numbering and lettering that should be readable from the
bottom. Mr. Keller commented that the engineer should know that comment by now.
Commissioner Sandars stated that she thinks it should be a requirement at staffs level to
say it should be redone before brought to the Commission.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,
and other tasks as mandated by the City Charter. improver
Page 15 of 19
Planning and Zoning Commission
ow- Mr. Keller replied this is just a Preliminary Plat and the ordinance states that staff only
has 30 days to get the plat on the agenda for approval or denial or they are automatically
approved.
Vice-Chairman Selemon stated that the 30-day time frame should not be started until they
submit a worthy plat.
Executive Director of Community Services Tobin Maples explained that staff would
recommend denial if the plat gets to the point that it is too cumbersome.
Commissioner Sandars made a motion to approve the Preliminary Plat of Cabot Cove
Section Three with staff's recommendations. Commissioner Greiner seconded the
motion.
Commissioner Sandars asked about green space or open space for the kids.
Commissioner Sandars asked when the money is paid per lot if there is a particular space
set-aside for this subdivision.
Vice-Chairman Selemon replied that would be a question for the Parks Superintendent.
Mr. Keller replied that Ed Hersh does review the plats and comments on whether or not
they should pay the fee per lot or donate land.
Mr. Maples pointed out the City does have a Park Master Plan. He stated the Parks
Director does attend the Pre-Development Meeting with these developers and this topic is
covered.
Commissioner Sandars stated that people are questioning her because the money is paid
however they don't see any parks.
Mr. Maples stated that staff would recommend denial if they weren't following the
guidelines for the park dedication ordinance.
Motion to approve passed 4 to 0.
H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah
Parkway Phase Two and Drainage Reserves, a Subdivision of 10.86 acres of
land out of the A.C.H.&B. Survey, A-403 & 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 recordation data needs to be added for Savannah.
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
2. They need approved construction drawings.
3. The Director's lots need to be removed.
Vice-Chairman asked what Directors lots. Mr. Maples replied that when you have a
MUD District you have to have an established residence.
Commissioner Bacon made a motion to approve the Final Plat of Savannah Parkway
Phase Two and Drainage Reserves with staff's comments. Commissioner Sandars
seconded the motion.
Commissioner Sandars asked when you have a MUD District, does that mean they still
pay for water and sewer.
Mr. Maples replied the MUD District allows the developer to issue bonds to pay for the
infrastructure to pay for streets, water and sewer and recoup that cost over time. He
stated that if you live in a MUD District you pay MUD taxes and CITY taxes. He stated
they are tying into the City's water and sewer.
Commissioner Bacon asked about the drill sites.
Geoffrey Freeman of Brown and Gay replied there are four or five designated drill sites
for minerals on the project. He stated that if an owner came in and wanted to drill that is
dm where they would do it.
Commissioner Sandars asked if they could drill oil. Mr. Maples replied they could drill
oil.
Commissioner Sandars stated she doesn't know if she wants an oil well right in the
middle of a subdivisions.
Nghiem Doan, Deputy City Attorney replied that there is an ordinance stating how far
away an oil drill has to be from a residence.
Vice-Chairman Selemon stated that for a point of reference the Beazer Home
Development on Old Alvin also has a drill site.
Motion to approve passed 4 to 0.
I. CONSIDERATION & POSSIBLE ACTION— Final Plat of Savannah Landing
Section One, A Subdivision of 20.98 acres of land out of the A.C.H&B. Survey,
A-403, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval with
the following comments:
.M.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvetnents,
and other tasks as mandated by the City Charter.
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Planning and Zoning Commission
1. The Savannah Parkway Phase Two Plat needs to be filed and recorded prior to this
Subdivision.
2. "Willow Peak Ct" needs to be"Savannah Landing Ct".
3. Need to add recordation data for offsite easements and recorded plats.
4. Provide evidence of abandonment of pipeline easement.
5. Add a note that utilities are under construction at time of final platting.
6. Add a note that a 6' sidewalk is required for the Savannah Parkway.
7. Submit a revised Thoroughfare Plan with a 90' easement for the entrance.
Vice-Chairman Selemon stated that the abandonment requirement for the pipeline
easement sounds like a major comment for the Final Plat.
Geoffrey Freeman of Brown and Gay Engineers commented they did not have the
recorded copy of the abandonment back from County. They have the paperwork for the
file.
Vice-Chairman Selemon commented that this is a long"laundry list" for a final plat.
Deputy City Attorney Nghiem Doan asked if the plat with the "Laundry list" was
recommended by staff to be approved. Mr. Keller replied that staff is recommending
approval.
Commissioner Sandars stated that she doesn't like the final plats to have a lot of
stipulations. Vice-Chairman Selemon agreed and stated this is a lot of follow up for staff.
He then asked what are the guarantees that the corrections are being made and the plats
aren't falling through the cracks. •
Executive Director of Community Services Tobin Maples stated that staff is looking into
internal procedures because they also have the same concerns. However, he reminded the
Commission that they are mandated by staff to get the plats on the agenda in 30 days for
action. He explained the options that staff could take, one being a waiver to be signed by
the developer that we need longer then 30 days, which the City does not do. He stated
that not all developers would do that anyway because time is money. He stated another
option is to put it on the agenda a recommending denial, but that is not the approach the
City wants to take with the developers.
Mr. Keller commented to the Commission that before they are signed off on by the City
Engineer they are looked at for corrections.
Commissioner Sanders stated that for her benefit it would be nice if Richard Keller could
report the requirements or corrections for the plat because they don't know if the
corrections are really being done by these engineers.
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 Bacon made a motion to approve the Final Plat of Savannah Landing
Section One with staff's comments. Commissioner Sandars seconded the motion.
Motion to approve failed 2 to 2.
Voting Record:
"Aye" - Commissioner Sandars and Commissioner Bacon.
"No" - Vice-Chairman Selemon and Commissioner Greiner.
Q. STAFF UPDATE - Proposed Unified Development Code.
Executive Director of Community Services Tobin Maples explained they there are
questions on where they are going with the Comprehensive Plan and other ordinances. He
stated that at this point they have made requests for proposals for 25 consulting firms for
a unified development code and have posted it on the national APA website page. He
stated all the ordinances would be rewritten and combined into one ordinance. He stated
on December 4th will meet and choose 3 - 5 consultants and those finalists will make a
presentation to City Council. He stated that one or two members from P&Z will be
appointed to work with two members from City Council and staff to help rewrite the
codes. He added the process may take from 12 months to two years.
III. NEXT MEETING DATES: October 28, 2002 —Workshop with City Council
(Impact Fee Study Workshop)
November 4, 2002 —Regular P&Z
IV. ADJOURNMENT
The meeting adjourned at 9:20 p.m.
These minutes respectfully submitted by:
L /L1fish Broussabth11"
, Planning & Zoning Secretary
Minutes approved as submitted and/or corrected on this_day of , 2002.
Todd Iocco, Planni g& Zoning Chairman
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvefnents,
and other tasks as mandated by the City Charter.
Page 19 of 19