2002-09-16 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 SEPTEMBER 16,
2002 IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The regular meeting was called to order at 6:40 p.m. with the following present:
P&Z Chairman Todd Iocco
P&Z Vice-Chairman Russ Selemon
P&Z Commissioner Ray Bacon
P&Z Commissioner Robert Scherrer
Plat and Plans Administrator Richard Keller
P&Z Secretary Jennifer Gonzales
P&Z Commissioner's Sheryl Greiner, Ruby Sandars, and Don Sederdahl were absent.
II. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Villa D'Este
Section Two, being a subdivision of 29.3450 acres of land out of the W.D.C. Hall
Survey, A-23 City of Pearland, Harris County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval. He
stated this plat extends Scarsdale Blvd down to the County Line.
Commissioner Scherrer made a motion to approve the Preliminary Plat of Villa D'Este
Section Two with a second made by Vice-Chairman Selemon.
Motion to approve passed 4 to 0.
B. CONSIDERATION & POSSIBLE ACTION — Final Plat of Bellavita at Green
Tee Section Three, being a subdivision of 19.2327 acres of land out of the
W.D.C. Hall Survey, A-23 City of Pearland, Harris County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval with a
number of comments. He listed the comments as:
1. Add the recordation data of the adjacent subdivision when it is available.
2. Provide all signatures and seals on plat.
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
3. Correct wording of note 2; note reference is wrong.
4. Correct coordinates.
5. Provide recorded covenants for street maintenance escrow.
6. The adjacent plat of Villa Verde Sec 2 shows an 8-foot utility easement along
the northeast boundary instead of 10-feet.
7. "Broadway" is incorrectly labeled as "Friendswood" on vicinity map.
8. Update the title block.
9. Change"east" to "west" in Note 10.
10. Add a 2.5' electrical easement in street right-of-way for Lot 1, Block 1.
11. The legend does not agree with Note 5, Nos. 2 and 11; indicate with a
symbol, which streetlights are extras and are not maintained by the City of
Pearland.
Mr. Keller explained to the Commission that he did not notice a lot of these
comments the first time around.
Vice-Chairman Selemon made a motion to table the Final Plat of Bellavita at
Green Tee with a second made by Commissicrze.P_acon.
Commissioner Scherrer pointed out that most of the comments were not noticed
the first time around.
Chairman Iocco questioned whether tabling the item was a good idea or not and
he asked when they would be able to act on the item again.
Secretary Jennifer Gonzales pointed out to the Commission that there next
meeting would be October 7th and the developer turned in the plat submittal well
over three weeks ago.
Motion to table failed 0 to 4.
Commissioner Scherrer made a motion to approve the Final Plat of Bellavita at
Green Tee Sec 3 with staff's recommendations. Chairman Iocco seconded the
motion.
Commissioner Bacon asked what the procedure is with the corrections that need
to be made.
Mr. Keller stated the engineer would make the corrections before the City
Attorney and the City Engineer sign off on the plat. Secretary Jennifer Gonzales
added that Mr. Keller reviews the plat to make sure all corrections have been
made before the final signatures.
Vice-Chairman Selemon asked about the tree disposition plan.
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
Mr. Keller stated that Urban Forrester Greg Moore signed off on the disposition
plan on July 30, 2002.
Vice-Chairman Selemon asked if a note should be added to the plat regarding that
approval of the tree disposition plan. Mr. Keller replied they haven't been
requesting that in the past.
Motion to approve passed 4 to 0.
C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Savannah
Landing Section Two, being 26.91 acres of land containing 43 lots and five
reserves in three blocks 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:
1. Place general notes 1 through 14 in a legend on sheet 2
2. Explain what R.P.W. is in note 18
3. Show existing utilities
4. The 5' electrical easement for the corner streetlight services should be centered on
R.O.W.
5. Change "Willow Peak Ct" to "Ivy Arbor Ct" in Landing Section One.
6. Change name of"Ridgeport Ct" to avoid confusion with the existing "Ridgepoint"
Commissioner Bacon made a motion to approve the Preliminary Plat of Savannah
Landing Section Two with staff's comments. Vice-Chairman Selemon seconded the
motion.
Chairman locco asked if the vicinity map is okay because it looks different. Mr. Keller
replied that it is okay.
Motion to approve passed 4 to 0.
D. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Scofield
Section 2 at Silverlake, a subdivision of 9.7749 acres of land out of the R.B. Lyle
Survey, Abstract No. 539, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated the engineer has picked up the
comments ahead of time and has made the corrections on the mylars. He stated that staff
recommends approval.
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
Vice-Chairman Selemon made a motion to approve the Preliminary Plat of Scofield
Section 2 at Silverlake with a second made by Commissioner Scherrer.
Chairman Iocco asked about the lot sizes. Vice-Chairman Selemon referred him to note
14.
Motion to approve passed 4 to 0.
Commissioner Scherrer made a motion to vote on Item G for the Martinez's next. Vice-
Chairman Selemon seconded the motion.
Motion to act on Item G next was approved 4 to 0.
G. CONSIDERATION & POSSIBLE ACTION — Request by Jose Martinez for a
variance from the Subdivision Ordinance that requires a piece of property to be
platted before the issuance of building permits.
Plat and Plans Administrator Richard Keller stated they have already started working on
this project and the City talked to the owners last week about the platting procedures. He
stated the owner is aware of the requirements.
Commissioner Bacon asked how they started work before they platted.
Secretary Jennifer Gonzales explained the Martinez's came in and applied for zoning,
which was approved as R-E, and at this time they submitted their plans for the building
permit for their house. She explained that the City did not catch on to the fact that the
property needed to be platted until the building permit went to the addressing manager for
an address. She stated at this time they met with the owner's and explained they needed
to apply for a variance. Mrs. Gonzales added the owners are aware that they will have
their Certificate of Occupancy withheld until all the platting requirements have been met.
Commissioner Scherrer made a motion to approve the variance request with the city's
recommendations in terms that the Certificate of Occupancy would not be issued until all
requirements of the Subdivision Ordinance are met. Commissioner Bacon seconded the
motion.
Motion to approve passed 4 to 0.
H. CONSIDERATION & POSSIBLE ACTION — Request by Aaron McGuire of
West Development for a variance from the Subdivision Ordinance regarding
the Pearland Parkway Extension.
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
41111.
Plat and Plans Administrator Richard Keller stated that staff recommends tabling until the
City Attorney has time to review the court case that has been submitted by the
developer's attorney. Mr. Keller handed out an email from Deputy City Manager Alan
Mueller.
Chairman Iocco asked what this is about.
Mr. Keller explained that when there is an adjoining plat next to a thoroughfare they are
asked to dedicate and plat the land for that adjoining street even though they don't have
access. He stated there has been some constitutional "taking" issues raised. He stated the
allegation is the City is taking land without paying for it. Mr. Keller stated this particular
case is for Pearland Parkway and this developer has been asked to donate some right-of-
way even though they are not going to have access.
Commissioner Bacon stated that he has spoken to the City Attorney and two City Council
members about this and he is not even sure if they should be taking any action on this
item at this time.
Chairman Iocco agreed, however after reading the letter from West Development three
times, he still didn't understand what they were talking about.
Vice-Chairman Selemon stated that if he were developing the property and he knows
there is going to be a future road there, he wouldn't buy the land where there is a right-of-
way, and he would only buy right up to the right-of-way. He stated that he realizes that's
not fair either because that rule is meant for people who are going to be using the
thoroughfare.
Commissioner Scherrer asked if the 30-day rule would apply to this. Chairman Iocco
stated that only applies to the plats.
Commissioner Bacon made a motion to table the variance request and turn it over to City
Attorney and city staff for further review. Vice-Chairman Selemon.seconded the motion.
Motion to table passed 4 to 0.
I. CONSIDERATION & POSSIBLE ACTION — Request by Benchmark
Engineering Corporation for an extension on the plat of The Enclave at
Pearland.
Commissioner Scherrer made a motion to approve the request for the extension of time
for platting with a second made by Commissioner Bacon.
Motion to approve passed 4 to 0.
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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
III. NEXT MEETING DATES: October 7, 2002
IV. ADJOURNMENT
The meeting adjourned at 7i3 p.m.
ese minutes respect 11 submitted y:
J 07L
Je er Go es, anning & 'ng Secretary
Minutes approved as submitted and/or corrected on this 7 day of C� , 2002.
Todd Iocco, Planning & Zoning Chairman
9111111.
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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