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1992-07-27 P&Z Meeting MinutesMINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON JULY 27, 1992, IM14EDIATELY FOLLOWING THE JOINT PUBLIC HEARING, IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, P 3ARLAND , TEXAS The meeting was called to order at 7:00 P.M. with the following members present: Chairman Vice Chairman Commissioner Commissioner Commissioner Al Lentz Emil Beltz Jack Womack Pat Lopez James Garner Division Director - Planning, Richard Burdine Public Works and Parks City Engineer John Hargrove Chief Building Official Don Guynes Asst. to City Secretary Leslie Schroeder Commissioners Beckman and Starr had excused absences. Chairman Lentz conveyed to the Commission that he submitted a letter of resignation from the Planning and Zoning Commission. He stated that due to his extensive workload he is unable to fulfill the responsibilities of this position to the best of his ability. He expressed his appreciation to the Commission for their friendship and hard work on this very important Board. CHANGE IN THE ORDER OF BUSINESS DIRECTORS REPORT: Mr. Burdine, Division Director of Planning, Public Works and Parks, relayed to the Commission that he met with the City of Houston regarding their zoning process. He stated that their main zoning efforts pertain to neighborhood protection. Mr. Burdine said that his main concerns were the portions of the City of Houston which are adjacent to the City of Pearland. Because this zoning proposal is in a preliminary stage, the City of Houston was unable to give him any specifics in regard to our City. He also mentioned that he is on their mailing list and will update the Commission whenever new information arrives. i_PPROVAL OF KINUTES : It was moved by Jack Womack, seconded by Emil Beltz, that the minutes of the July 7, 1992 meeting be approved as submitted. 1 Motion passed 5 to 0. NEW BUSINESS APPLICATION NO. SP -22, REQUEST OF RWS ARCHITECTS INC., AGENT FOR PE LAND INDEPENDENT SCHOOL DISTRICT FOR A SPECIFIC USE PERMIT TO CONSTRUCT A PUBLIC ELENZENTARY SCHOOL FACILITY IN AN R -1 ZONE. The Commission expressed concerns regarding the water and sewer service. They questioned where the water supply would be coming from and who would be responsible for the sewer service. It was the consensus of the Commission that these areas have not been adequately addressed. It was moved by James Garner, seconded by Pat Lopez, that recom- nandation be made to approve SP -22 with advisement to the City Council that consideration be given to the type of sewer facili- ties provided to the school to promote effective and efficient standards to homeowners when and if the adjacent area(s) are annexed. Motion passed 5 to 0. PARTIAL AKENDED PLAT OF GREEN TEE TERRACE, SECTION ONE - A 0.3784 ACRE TRACT OF LAND BEING LOT 2 AND THE SOUTHWEST ONE -HALF OF LOT 2, BLOCK 6, OF GREEN TEE TERRACE, SECTION ONE, A SUBDIVISION IN THE W.D.C. HALL LEAGUE, ABSTRACT 23, HARRIS COUNTY, TEXAS. Chairman Lentz read the following letter from Chief Building Official Don Guynes noting what had not been submitted to the Permit Department and outlining the recommended corrections to the plat. 1. Remove "Pat Courtin" from the plat and add "Pat Lopez ". 2. Remove "Malcolm Collins, P.E. (Acting City Engineer)" and replace with "John Hargrove, City Engineer ". 3. Submit original Tax Certificate before the recording of the plat. 4. Submit a certificate or letter from a title guaranty company or title attorney indicating a current search. 5. Pay fee of $100.00 prior to the meeting. Mr. Guynes reported that the $100.00 fee had been paid. Chairman Lentz recommended to the Commission that they deny any plat that appears before them in which the fees have not been paid. He stated that reviewing plats requires City Staff time which is paid with these fees. The Commission also discussed the title report, lien holder and the need for sidewalks. It was the recommendation of Vice Chair- man Beltz to change the verbiage regarding signatures from "live signatures" to "genuine signatures" in the letters to the Com- mission and also in the minutes. 2 After no further discussion, it was moved by James Garner, sec- onded by Emil Beltz, the that Partial Amended Plat of Green Tee Terrace Section I be approved contingent upon staff's recommended changes be made and sidewalks be provided by the contractor. Motion passed 5 to 0. PARTIAL AMENDED PLAT OF CLEAR CREEK ESTATES SECTION II, BEING PART OF LOTS 7 AND 8, BLOCK II, CLEAR CREEK ESTATES, SECTION II, H.T. &B. SURVEY, ABSTRACT 233, BRAZORIA COUNTY, TEXAS. Chairman Lentz read the following letter from Don Guynes noting what had not been submitted to the Permit Department and outlin- ing the recommended corrections to the plat. 1. Plat must be signed by the owners. 2. Fees in the amount of $100.00 are due. 3. Change Vice - Chairperson from Helen Beckman to Emil A. Beltz. 4. Submit Original Tax Certificates prior to the filing of the amended plat. 5. Submit a certificate or letter from a title guaranty company or a title attorney indicating a current search. 6. On the plat, under "NOTE:" item #3, add "or within 100' of the subdivision.1° Chairman Lentz conveyed to the Commission that the lot in ques- tion is a 100' lot surrounded by two 50' lots. Mr. Lentz stated that Clear Creek Estates is zoned R -1 which requires an 80' frontage. It was determined by the Commission that the owner intends to add a lot (7a) to the existing lots 6,7,8, and 9. The Commission agreed that lots 6 - 9 would have to be amended in order to achieve this goal due to the fact that the lots have a 50' front- age and require 801. After no further discussion, it was moved by Jack Womack, second- ed by James Garner, that the Partial Amended Plat of Clear Creek Estates Section II be denied. Motion passed 5 to 0. FINAL PLAT OF BRIARWOOD ESTATES - A 17.66 ACRE TRACT OF LAND, BEING A PART OF LOTS 9, 10 AND 11 OF THE HOIDALE AND COFFMAN SUBDIVISION, AND A PORTION OF LOT oaCoo OF THE ENIAR HOIDALE SUBDI- VISION IN THE JAMES PERRY AND EMILY AUSTIN SURVEY A -111, BRAZORIA COUNTY, TEXAS. Chairman Lentz read the following letter from Don Guynes noting what had not been submitted to the Permit Department and outlin- ing the recommended corrections to the plat. 1. Plat must show widths of the pipeline easements. 3 2. Show the street name "Leroy01 in the Briarwood Subdivision. 3. Must show the widths of the utility easement. 4. Change Vice- Chairman from "Helen Beckman" to "Emil A. Beltz" in the Planning and Zoning Block. 5. Plat must be signed by the owners. 6. Submit Original Tax Certificates prior to the recording of the plat. 7. Plat must show "Final Plat of Briarwood Estates, Pearland, Brazoria County, Texas." S. Fees in the amount of $491.00 ($300.00 for application, $3.00 per lot = $171.00, and 1 acre reserve for $20.00) needs to be paid prior to the meeting. 9. Show the name of the owner. If the owner is a company or corporation, the name of the responsible individual such as the president or vice - president shall be given. 10. Should the existing 40' road easement be abandoned by the City Council? 11. Lots must show all dimensions. 12. Hold Harmless Agreement must be submitted prior to the meet- ing. _3. Show width of Lot 1, Block 3. Chairman Lentz asked Mr. Guynes if the plat had been signed by the owner. Mr. Guynes reported that the plat had a signature line for the agent and he was unsure if the agent would be con- sidered an authorized signature. Vice - Chairman Beltz informed the Commission that the title company requires the corporation to submit an affidavit signed by the secretary. This ensures the title company that the person is legally authorized to sign for the corporation. He suggested that perhaps the City of Pearland could require a copy of that letter at the time of submittal. Chairman Lentz requested that a recess be taken so he could obtain a legal opinion from the City Attorney regarding this matter. L ECESS - 8:40 P .14. RECONVENED - 8050 P.P. Chairman Lentz conveyed to the Commission that upon recommenda- tion of the City Attorney the following action should be taken. 1. The signature of the agent is acceptable with an additional signature of Mr. Slaughter, owner of Property Investors Ltd. 2. The City Attorney also suggested if the plat is approved, it be approved on the contingency that a certified and /or nota- rized copy of the by -laws of the Limited Liability Corpora- tion be submitted. The Commission also discussed items such as road abandonment, right -of -way, and drainage. 0 After no further discussion, it was moved by Pat Lopez, seconded by Jack Womack, that the final plat of Briarwood Estates be approved contingent upon all correction items submitted to the Planning and Zoning Commission from Staff be made. Motion passed 5 to 0. REQUEST OF VERNON G. HENRY & ASSOCIATES, INC, AGENT FOR U.S. BODIES, OWNER, FOR A VARIANCE TO CHANGE THE FRONT BUILDING LINE FROM A 25' SETBACK TO A 20' SETBACK ON LOTS 105' OR GREATER IN DEPTH, LOCATED IN COUNTRYPLACE SECTION FIVE. Chief Building Official Guynes reported that this request is consistent with the existing lots. It was moved by Emil Beltz, seconded by Pat Lopez that a 20' front building line setback be approved as submitted. Motion passed 5 to 0. PAELIKINARY PLAT OF COUNTRYPLACE SECTION FIVE, BEING A 10.0 ACRE TRACT OF LAND IN THE H.T. &B.R.R. CO. SURVEY, A -310, BRAZORIA COUNTY, TEXAS. Chairman Lentz read the following letter from Don Guynes noting what had not been submitted to the Permit Department and outlin- ing the recommended corrections to the plat. 1. Plat must show existing water mains, sewers, culverts, pipelines, or other underground structures, or public utili- ties with pipe sizes, grades, and locations. 2. Show lot dimensions between Lot 1 and 2, Block 3, Lots 1 -10, Block 2, and Lots 1 -12, Block 1. 3. Submit construction drawings and have them approved prior to the final plat. 4. Lot 1, Block 3, and Lots 6 -10, Block 1 have widths less than 601. Lot must have the required width (measured at the building line). City Engineer John Hargrove requested a copy of the overall drainage plan from Bernard Johnson & Assoc. Mr. Hargrove also questioned the lot widths. It was moved by Jack Womack, seconded by James Garner, that the preliminary plat of Countryplace Section V, be approved contin- gent upon all requirements of the City be met. Motion passed 5 to 0. 5 F�EQUEST OF VERNON G. HENRY & ASSOC., AGENT FOR U.S. HOMES, OWNER, FOR A VARIANCE TO CHANGE THE MINIMUM FRONT LOT WIDTH FROM 35' TO 32.5' WITH CORNER LOTS BEING 32.81; CHANGE THE MINIMUM SIDE BUILDING LINE FROM 10' TO 7' WITH A 15' AGGREGATE, AND CHANGE THE KINIMUM FRONT BUILDING SETBACK FROM 25' TO 20' ON LOTS 105' OR GREATER IN DEPTH, LOCATED IN COUNTRY GROVE SUBDIVISION SECTION VI. It was the recommendation of the Commission that Staff verify the lot sizes in the Townhouse Reserve of Country Grove. It was moved by Jack Womack, seconded by James Garner, that the variances be granted contingent upon Staff verifying lot sizes in the Townhouse Reserve. Motion passed 5 to 0. PRELIUINARY PLAT OF COUNTRY GROVE SECTION VI, BEING 4.2 ACRES IN SHE H.T. &B.R.R. CO. SURVEY, A -310, BRAZORIA COUNTY, TEXAS. Chairman Lentz read the following letter from Don Guynes noting what had not been submitted to the Permit Department and outlin- ing the recommended corrections to the plat. 1. Should Lots 12 and 13 have 35' building lines from the 160' McHard Road right -of -way? 2. Show the names of the adjacent subdivisions or the names of recorded owners of adjoining parcels of land. 3. Lots 10 -12 and 13 -15 must show all dimensions. 4. Show existing sewers, water mains, culverts, pipelines, or other underground structures and other public utilities within the tract or immediately adjoining with pipe size, grades, and locations. 5. Lots 1 -12, Block 1 shows 16' Utility Easement. These lots should show 8' Utility Easement on each side of the property line if the 16' Utility Easement is intended to be divided. The Commission discussed additional entrances into the subdivi- sion for emergency vehicles. After no further discussion, it was moved by Jack Womack, second- ed by Emil Beltz, that the preliminary plat of Country Grove Section VI, be approved contingent upon all requirements of the City be met. Motion passed 5 to 0. 0 ADJOURN The meeting adjourned at 9:15 P.M. Minutes of the meeti Apr ved as submitted and /or corrected this I �r day of , A.D., 1992. ATTEST: Pat Jones City Secr Vary 7 Emil A. Beltz Acting Chairman