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HomeMy WebLinkAbout1998-01-05 P&Z MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 5, 1998, 6:00 P.M. IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at approximately 6:00 p.m. with the following present: Chairman Pat Lopez Vice Chairman Emil Beltz Commissioner Don Baker Commissioner Jack D. Mathis Commissioner Tommy Scott Commissioner Mary Starr City Engineer John Hargrove Secretary Judy Highburger Project Coordinator Alan Mueller was absent, Director of Planning and Development Dennis Smith arrived at 6:12 p.m., and Commissioner Nghiem Doan arrived at 6:13 p.m. H. APPROVAL OF MINUTES: Minutes of December 1, 1997 Commissioner Mary Starr made a motion, seconded by Vice Chairman Emil Beltz to approve the Minutes of December 1, 1997. Motion passed to approve 7 to 0. III. _ NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of West Oaks Village, Section Two. Being a 28.9920 acre tract of land located in the H.T. & B. R.R. Company Survey, A-241 Pearland, Brazoria County, Texas. Ms. Renee West, Mr. Rick Gadd, and Mr. John English were present representing the owner, R. West Development Company. City Engineer John Hargrove said staff recommended approval of the Plat and noted that signatures of Brazoria Drainage District (BDD) were required for final plat approval. He went on to say that a variance request was submitted after the Agenda was posted. The request asked for 23 foot building setback lines instead of 25 foot; allowance of 12.5 feet sideyard aggregate setback instead of 15 feet and, allow a 20 foot building setback in place of 25 foot. Director of Planning and Development Dennis Smith asked if the requested variances could be granted as they were not on the Agenda, and Chairman Pat Lopez replied that these requests are listed under General Notes 11-12 on the plat. Mr. Lopez added that this procedure has been approved in the past by the Commission. Mr. Smith felt that staff needed a chance to review the 1 variance request in order to make an informed decision, and it should be in letter form. A motion was made by Commissioner Tommy Scott and seconded by Mr. Beltz to table the Preliminary Plat of West Oaks Village, Section Two. Motion to table passed 7 to 0. B. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Moody National Bank Plaza. Being a 2.9870 acre tract of land located in the Perry & Austin League, A-111 Pearland, Brazoria County, Texas. Ms. Renee West, Mr. Rick Gadd, and Mr. John English were present representing the owner, Moody National Bank of Galveston. Mr. English said a variance request went out too late to make the Agenda. The request was for Reserve "B" to have frontage less than the 150 foot minimum width allowed. Mr. Hargrove's comments were that the plat needed signatures of the owners; attest and dedication needed on the final plat; and, the drainage plan is not approved as of this date. He recommends conditional approval. A motion was made by Conunissioner Starr and seconded by Commissioner to Jack D. Mathis to table the Final Plat of Moody National Bank Plaza. Motion to table failed 2 to 6 (Vice Chairman Beltz abstained). A motion was made by Comrissioner Starr and seconded by Vice Chairman Beltz to approve the Final Plat of Moody National Bank Plaza with the conditions of signatures of the owners dedication and attest; approval and receipt of the drainage plan; and signatures of the City Attorney and City Engineer will be held until completion of the items. Motion to approve passed 7 to 0. C. CONSIDERATION AND POSSIBLE ACTION - Final Plat of West Oaks Office Building. Being a Partial Replat of Unrestricted Reserve 'A", West Oaks, Section One -A, and being a 2.3341 acre tract of land located in the H.T. & Company Survey, A-241, Pearland, Brazoria County, Texas and also being out of a called 7.7789 acre tract as recorded in Vol. 19, Pg. 55-56 B.R.E.C.T., Brazoria County, Texas. Variance: Requesting use of 20' setback instead of 25' on Lots 4-7. Ms. Renee West, Mr. Rick Gadd, and Mr. John English were present representing the owner, R. West Development Company. Mr. Hargrove said the variance request was not applicable and recommended approval of the Final Plat of West Oaks Office Building with the condition of signatures of BDD. Mr. Smith recommended denying the variance. A motion was made by Commissioner Don Baker and seconded by Vice Chairman Beltz to approve the Final Plat of West Oaks Office Building, with the recommendations of Mr. Hargrove and Mr. Smith. 2 Motion to approve passed 7 to 0. D. CONSIDERATION AND POSSIBLE ACTION - Preliminary Plat of Southdown, Section Nine, 9.31 acres of land out of the H.T. & B.R.R. Co. Survey, Section One A-310, Brazoria County, Texas. Variance: Use a 20 foot building line on all lots. Mr. Steve Gardner, Mr. Manny De Pau, and Mr. John Lindsey were present and representing the owners, Lennar Homes of Texas. Mr. De Pau presented the Commission with a letter of variance for extra long cul-de-sacs. Mr. Lopez questioned if the use of the land had changed, prompting the request, and Mr. Hargrove replied affirmatively and said that originally the property was commercial. Mr. Hargrove said staff recommended approval with the following conditions: Surveyor's statement needs to list that the perimeter monuments have been set; and the abandoned HL&P easement needs an instrument of abandonment. He asked Mr. Gardner why isn't the boundary carried across Lambeth Drive, and Mr. Gardner said that had been platted previously. Mr. Hargrove said the preliminary and final plat needs a closed parcel. Mr. Lopez addressed the length of the cul-de-sacs, and Mr. Smith said the variance will carry over to the final plat. Mr. Lopez asked for future consent from the City Attomey's office on variances submitted after agendas are posted. Mr. Smith recommended that the Commission be consistent in their approvals, and he would report back to the Commission on the City Attorney's recommendation. A motion was made by Commissioner Scott and seconded by Vice Chairman Beltz to table the Preliminary Plat of Southdown, Section Nine. Motion to table passed 7 to 0. E. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Kwik Lube - FM 518. A subdivision of 0.5803 acres of land out of Lots 28 and 29 in the Westchester Estates Unrecorded Subdivision in the H.T. & B. Railway Survey, Abstract 242, Pearland, Brazoria County, Texas. Mr. Mike Klenke was present representing the owners, Edwin H. Harris, Sr.; Edwin H. Harris, Jr.; and Marilyn Louise Bullard. Mr. Lopez asked Mr. Klenke if the building was complete and Mr. Klenke replied no. Mr. Lopez asked why was the permit released to build the building before the plat was approved, and Mr. Smith said at present a foundation permit has been issued, and the plans have been approved and allowed to continue. Mr. Hargrove said staff recommends approval with the vicinity map corrected to show the City limits; signatures of BDD; and, correct the names of the Commissioners. A motion was made by Commissioner Baker and seconded by Commissioner Starr to approve the Final Plat of Kwik Lube - Hwy 518 with the conditions listed by Mr. Hargrove. Motion to approve passed 7 to 0. 3 F CONSIDERATION AND DISCUSSION - Preliminary Plat of Southwyck, Section Three, Phase Four. Containing 22.3360 out of the George C. Smith Survey, A-547. Variance Request: 1. A 20 foot building line on cul-de-sac and thumbnail lots. 2. A 5 foot side building setback. Mr. Gardner, Mr. Lindsey, and Mr. De Pau were present representing the owners, Southwyck Three, Ltd. Mr. Hargrove said staff recommended approval of the plat with the following conditions: 1. City limits corrected on the Vicinity Map; 2. provide on site or adjacent temporary bench mark; 3. provide South Fork Drive executed right-of-way per agreement with City of Pearland; 4. add 5 foot street light easement on Knolewood Lane; 5. and, provide acreage of Reserve B. A motion was made by Commissioner Starr and seconded by Commissioner Scott to approve the Preliminary Plat of Southwyck, Section Three, Phase Four. Motion to approve passed 7 to 0. G. CONSIDERATION AND POSSIBLE ACTION - Second Amending Plat of Dixie Woods, Section Two. Out of a part of Dixie Woods Section Two Amending Plat recorded in Vol. 19, Pg. 559, & 560 B.C.P.R. George W. Jenkins Subdivision, Volume 79, Page 616, Brazoria County Deed Records, in the W.D.C. Hall League, Abstract No. 70, Pearland, Brazoria County, Texas. Mr. Al Lentz was present representing the owner, Dixie Group, Inc. Mr. Lentz said the original plat showed 20 foot building lines and was amended to 25 foot lines, and changed back to 20 foot. Mr. Hargrove recommended approval of the plat as presented. A motion was made by Vice Chairman Beltz and seconded by Commissioner Scott to approve the Second Amending Plat of Dixie Woods, Section Two. Motion to approve passed 7 to 0. H. CONSIDERATION AND POSSIBLE ACTION - Partial Replat of Reserve "A" Albertson's-Pearland Subdivision. 0.763 acres or 33,227 square feet of land out of Restricted Reserve "A", Block 1 of Albertson's-Pearland as recorded in Volume 19, Page 717-718 Plat Records, Brazoria County, Texas and located in the H.T.& B. R.R. Company Survey, Abstract 234, Brazoria County, Texas. 4 Mr. Bill Newton, Jr. was present representing the owners, Pearland Plaza Partners. Mr. Hargrove recommended approval with the following exceptions: 1. Provisions of Volume and Page of exterior easements; 2. correct spelling in Note 5; 3. correct City limits on Vicinity Map; and, 4. remove Commissioner Eggers name and add Conunissioner Don Baker. A motion was made by Commissioner Baker and seconded by Commissioner Starr to approve the Partial Replat of Reserve "A" Albertson's-Pearland Subdivision. Motion to approve passed 7 to 0. I. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Sheldon Cove at Silverlake. A subdivision of 14.4204 acres of land out of the R.B. Lyle Survey, Abstract No. 539, Brazoria County, Texas. Ms. Cathy Mitchell was present representing the owner, New Southwyck, LP. Ms. Mitchell said the plat included a variance for use of a 20 foot building line setbacks on lots fronting bulb portion of cul-de-sacs; use of 5 foot side lot building line setback; and use of a cul-de-sac greater than 600 feet in length. This was not included on the Agenda, but the letter was in the City file. Mr. Hargrove said staff recommended approval of the Final Plat of Sheldon Cove and Mr. Smith recommended approval also, saying he did not want to punish the developer for a City staff error. Mr. Hargrove recommended approval of the plat and will withhold signatures of City Engineer and City Attorney until receipt of same and the CR 94 letter. A motion was made by Commissioner Baker and seconded by Conunissioner Starr to approve the Final Plat of Sheldon Cove at Silverlake. Motion to approve passed 7 to 0. J. CONSIDERATION AND POSSIBLE ACTION - Final Plat of the Lakes at Countryplace, Section One. Being 31.4793 acres of land located in the H.T. & B.R.R. Company Survey, Abstract 310 & F.B. Drake Survey, Abstract No. 510 & 503. Mr. Gardner, Mr. Lindsey, and Mr. De Pau were present representing the owner, U.S. Homes Corporation. Mr. Gardner stated a variance request had been submitted previously and is not on the Agenda. The request consisted of use of a 20 foot front building line on front access garages; use of a 15 foot building line on houses with garages that do not face the street right-of-way; and use of 10 foot side setback between houses. Mr. Hargrove recommended approval of the plat with the following conditions: 1. Plat needs addition of principle contacts on the title block and reserve acreage; 5 2. complete Volume and Page references; 3. need signatures of BDD #4; 4. and, execute McHard Road right-of-way per 5/20/97 agreement. A motion was made by Commissioner Starr and seconded by Conunissioner Baker to approve the Final Plat of the Lakes at Countryplace, Section One. Motion to approve passed 7 to 0. In a final comment before adjourning, Mr. Hargrove said his staff was not able to get compliance from our ETJ developers on our sidewalks and driveway approach standards. Chairman Lopez asked Mr. Hargrove to seek cooperation from the County Engineer's Office, and the County Conunissioners. IV. NEXT MEETING DATE: Monday, January 19, 1998, 6:00 p.m. V. ADJOURNED Minutes approved as submitted this A.D., 1998. ATTEST: 7:32 p.m. day of Pat Lopez, Chairman 6