1996-01-15 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, JANUARY
15, 1996 AT 7:00 P.M., IN THE COUNCIL CHAMBERS, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 7:00 p.m. with the following present:
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Assistant City
Manager
City Engineer
Secretary to the
Commission
Commissioner Marshall Eggers was absent.
H. APPROVAL OF MINUTES:
Pat Lopez
Emil Beltz
Peggy Mayfield -Royer
Jeffery O'Brien
Randy Patro
Richard Burdine
John Hargrove
Judy Highburger
Minutes of January 8, 1996
A motion to approve the minutes of the January 8, 1996 meeting, was made by Vice Chairman
Emil Beltz, seconded by Commissioner Jeffery O'Brien.
Motion Passed 4 to 0 (2 abstentions - Commissioners Robert Larsen and Peggy Mayfield -
Royer were absent at the last meeting).
M. NEW BUSINESS
Upon the Commissioners' concurrence, it was agreed to change the order of business. A motion
was made by Commissioner O'Brien and seconded by Commissioner Mayfield -Royer to change
the order of business by beginning with Item B, followed by Items C, D, and A.
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Commissioners O'Brien and Mayfield -Royer amended their motion to begin with Item B,
followed by Items C, A, and D.
Motion Passed 6 to 0.
B. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of
Southdown, Section Six.
Variance request to use a 20 foot building line on all lots.
Mr. Steve Gardner, Engineer, representing Ferro - Saylors, was present requesting approval of
Southdown, Section Six. City Engineer John Hargrove recommended approval as submitted with
the requested variance.
Commissioner Randy Patro questioned the 20 foot building line, to which Mr. Gardner replied
that line is used throughout the subdivision. Mr. Hargrove added that this is maintaining what
has already been done.
A motion was made by Commissioner Mayfield- Royer, and seconded by Commissioner O'Brien
to approve the preliminary plat of Southdown, Section Six, and the requested variance.
Motion passed 6 to 0.
C. CONSIDERATION AND POSSIBLE ACTION - Final plat of West Oaks.
Village, Section 1 -B.
Ms. Renee West, representing West Development, was present asking for approval of the final
plat of West Oaks Village, Section 1 -B, and requested a variance of 12 1/2 foot side yard
aggregate to allow the floor plans to fit on smaller lots. Assistant City Manager Richard Burdine
stated that in the past the Commission has gone to 10 foot aggregate on smaller lots, and he has
no objection to the proposed variance.
Mr. Hargrove recommended plat approval, and he and the City Attorney will withhold their
signatures until completion of the requirements.
REQUIREMENTS:
1. A letter of request for variance
2. A Hold Harmless Agreement
3. Signatures of Ms. West and the Drainage District Commissioners on the final
plat.
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4. The plat needs turnaround easement and UE recording information.
Vice Chairman Beltz asked if the variance letter has been written, to which Ms. West replied in
the affirmative. Chairman Pat Lopez inquired if Mr. Burdine saw a problem with the variance
request, and Mr. Burdine's response was in the negative.
Commissioner O'Brien queried Ms. West about landscaping the entrance, to which Ms. West
replied there would be a rock wall, berms, and lighting.
Commissioner Larsen made a motion, seconded by Commissioner O'Brien, to approve West Oaks
Village, Section 1 - B as submitted with the following exceptions, and to approve a variance to
allow 12.5 feet side yard aggregate, and to include 10 foot rear set back line.
REQUIRED CORRECTIONS:
1. Letter of request for variance
2. Hold Harmless Agreement
3. Ms. West and the Drainage District signatures on the plat.
4. South side of plat - 8 foot UE calls for volume and page number.
5. West side of plat - temporary turnaround easement volume and page
number needed.
6. Take Item 13's last sentence off plat, which referenced a 10 foot rear setback.
Commissioner Larsen amended the motion to the last action of 12.5 feet aggregate, and eliminate
the issue of 10 foot rear setback line, at it is covered by "Required Corrections ".
Motion passed 6 to 0.
A. PUBLIC HEARING AND CONSIDERATION - An Ordinance of the City Council of the
City of Pearland, Texas, amending Ordinance No. 509, The Land Use and Urban Development
Ordinance of the City of Pearland (see attached Ordinance).
Mr. Burdine gave a presentation on the proposed changes to Ordinance No. 509.
Those who spoke before the Commission were as follows:
Mr. Robert Buchanan, owner of First Impression Sign and Design, 2410 Shelia; Mr. C.B. Stevens
of A. B. Products, 1339 E. Broadway; and, Mr. Steven M. Gillmer, II, representing Pizza Hut,
2117 Tower Bridge Road.
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Some concerns of the speakers were for a better working relationship between the City and small
businesses; that the City did not take into consideration the elements of advertising by small
business owners; needing a time limit for advertising; and, the need for a better definition of
banners and posters.
The Chairman questioned the Commissioners as to their concerns. Commissioner Mayfield -
Royer asked if the Commission can approve the Ordinance as read and omit certain areas for
revision, and asked for more information on obsolete components. Chairman Lopez said the
purpose of Section 20 is to eliminate sign poles currently not in use. Mr. Burdine informed the
Commissioners of how signs evolve over time; such as various components welded to signs
which make it difficult to calculate wind loads in not knowing how far down into the ground the
sign pole is placed.
Commissioner O'Brien was in favor of approving Sections 1 -18, and tabling Sections 19 -25 for
more clarification on banners. Commissioner Mayfield -Royer remarked that Section 23 is
bringing signs into conformity and eliminate non - conforming signs in a limited time frame. Mr.
Burdine stated there are a number of signs more than 15 feet high. If a store is vacant and has
a large sign, it should be painted out. If the whole center is out of operation for six months, uses
going into that center would have to be conforming.
Mr. Burdine said that neon used as decoration is not counted in calculating total sign area. If
it spells out words, it is counted. None of the neon signs would have to go. In regards to
banners, the intent is not to eliminate them across Hwy 518; the City would continue to erect
them for non - profit organizations.
A motion was made by Commissioner Mayfield -Royer and seconded by Commissioner Patro to
move forward to City Council with approval of amending Ordinance No. 509.
After further discussion by the Commissioners, the motion was amended to exclude Section 19
and to leave it for further discussion and /or action at a later date.
Motion passed 6 to 0.
The Commissioners recessed at 8:50 p.m. and reconvened at 8:56 p.m.
D. CONSIDERATION AND POSSIBLE ACTION - Review of Land Use in
Newly Annexed Areas and Consideration of Commission- initiated Zone Changes.
Mr. Burdine reviewed Land Use and Urban Development Ordinance, Sections 4.1. and Section
24.4.. Section 4.1.: It is the purpose of the Suburban Development (SD) District to classify
undeveloped property until such time as a permanent land use classification can be established.
Section 24.4. Newly Annexed Territory, further provides that:
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1. All territory which may hereafter be annexed to the City of Pearland shall
automatically be classed as lying and being in district "SD" until such
classification shall have been changed by an amendment to the zoning ordinance
as provided by law.
The Suburban Development (SD) district allows only agriculture and animal husbandry by right
and single family homes by Specific Use permit. Therefore, a number of developed properties
will automatically become nonconforming uses.
Mr. Burdine said he would have a map of the newly annexed area color -coded to show current
land uses and present it at the next regular Commission meeting.
IV. Next Meeting Date: Monday, February 5, 1996; 7:00 p.m.
V. Adjourned: 9:10 P.M.
Minutes approved as submitted this day of
A.D., 1996.
Pat Lopez,
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