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2002-03-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPlanning and Zoning Commission MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 18, 2002, IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at 7:56 p.m. with the following present: P&Z Commissioner (acting Chairman) Todd Iocco P&Z Commissioner Kevin McDonald P&Z Commissioner Robert Scherrer P&Z Commissioner Don Sederdahl P&Z Commissioner Russ Selemon Plat and Plans Administrator Richard Keller P&Z Secretary Jennifer Gonzales P&Z Chairman Charles Viktorin and P&Z Vice -Chairman Donald Glenn were absent. H. APPROVAL OF MINUTES: March 18, 2002 Commissioner McDonald made a motion to approve the March 18, 2002 minutes with a second made by Commissioner Selemon. Commissioner Selemon stated that he has two corrections. The first correction was on page 6 where it stated that he is "confused." Mr. Selemon explained that stating he was "confused" was a polite way of stating that there was conflicting information given to the Commission and he would like this noted in the paragraph. The second correction was on page 7 where it stated that he hoped if there are any members of the Church on the Commission or City Council they would abstain from voting. Mr. Selemon stated that he did explain the reason he hoped they would abstain to avoid an appearance of possible conflict of interest issues. Motion to approve passed 4 to 0 (1 abstention by Commissioner Scherrer) M. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — A Preliminary Plat of Autumn Lake Section Two, A subdivision of 38.8433 acres located in the H.T.&B. R.R. Co. Survey, Abstract 304, City of Pearland, Brazoria County, Texas. Variance Request: Request by TTT&B, developer, for a variance from the Subdivision Ordinance, Sec. 274(B)(2)(b) that requires a street to be no longer than 1200 feet. The request is for Fair Oaks Lane. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Planning and Zoning Commission Plat and Plans Administrator Richard Keller stated that staff recommends approval of the plat and the variance with the two following corrections: 1. They will need to remove the temporary turn around out of the Hickory Slough. 2. They need to flip bearing of north line to be readable from the right side of the plat. Mr. Keller added that staff does endorse the variance for Fair Oak Street that is slightly over 1200' and they do not see a problem with the approval of the variance request. Commissioner Iocco asked if the variance is for future expansion of the subdivision. Mr. Keller replied that there is another existing road to south that this road could eventually tie into. Mr. Keller stated that the developer does not own the property to the south and he thought this would be the last phase of this development. John Taylor of TTT&B explained that he is one of the developers and they do own the property to the south of the temporary turn -around, which is about 20 -acres. Mr. Taylor stated that they would eventually develop that land. He stated that they do own the property where the temporary turn around is now and there is a 100 -foot road right-of-way across Hickory Slough. Mr. Keller commented that he and the City Engineer were concerned that the developer would have to fill the slough. Mr. Taylor stated that they have looked into that and they would not have to fill the slough. Commissioner Sederdahl made a motion to approve the Preliminary Plat of Autumn Lake Section Two and the variance with staff s, comments. Commissioner McDonald seconded the motion. Commissioner Scherrer was concerned about the 1200' requirement and he asked if it was created for emergency vehicle access. Commissioner Iocco explained stated that it was originally 600' and it was changed to 1200', and he verified that this would be okay with the Fire Marshall. Mr. Keller replied that it is okay. Commissioner Iocco pointed out this would be a problem if they did not have the temporary turnaround. Motion to approve passed 5 to 0. B. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Schnell Special Subdivision, a replat of part of lot 96, West Friendswood Subdivision in the Perry & Austin League (Galveston County Abstract 20; Brazoria County Abstract 111) according to the map thereof Recorded in Galveston Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 2 Planning and Zoning Commission County Map Record Volume 238, page 12 and Brazoria County Map Record Volume 1, Page 97. Plat and Plans Administrator Richard Keller stated that this project is similar to another project that is partially in Friendswood and Pearland. He stated that staff recommends approval with the condition that a drainage plan is submitted and the surveyor signs the mylars. Commissioner Scherrer made a motion to approve the Preliminary Plat with staffs recommendations and Commissioner Selemon seconded the motion. Motion to approve passed 5 to 0. C. CONSIDERATION & POSSIBLE ACTION — Final Plat of Oakbrook Estates Section Five, a subdivision of 29.251 acres in the W.D.C. Hall League, A-70 Brazoria County, Texas. Mr. Keller stated that the developer has requested that Oakbrook Estates Section Five be removed from the agenda. D. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake Wal- Mart, a subdivision of 20.48 acres of land being a partial replat of lots 9 and 10, of the Allison Richey Gulf Coast Home Company's Subdivision, Vol. 2, pg. 107, B.C.P.R. in ,the H.T.&B. R.R. Co. Survey Section 85, A-304, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff strongly recommends approval with a few outstanding items that need to be submitted; however most of them are not plat -related. He listed the items as: 1. A letter of credit for traffic improvements needs to be submitted. 2. An agreement for the 10' right-of-way on the other side of CR 94 is submitted. Mr. Keller referred to Deputy City Manager Alan Mueller's letter. Mr. Hugh Blanchard of Brown and Gay Engineering stated that he would be happy to answer any questions. Commissioner Sederdahl made a motion to approve the Final Plat of Silverlake- Wal-Mart with staff's recommendations. Commissioner McDonald seconded the motion. Commissioner Selemon asked why the outstanding items have not been submitted. Mr. Blanchard replied that several comments have already been addressed. He, stated that the other items have to do with the Traffic Impact Analysis or currently Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 3 Planning and Zoning Commission in the construction documents. He explained that a lot of items that hinge on city approval of the plat and plans. He stated that they are waiting on approval by the Commission so the owner's can go forward on closing on the property. Commissioner Selemon asked about the letter of credit. Mr. Blanchard stated that the letter of credit has not been done because the amount that they need has not been established with staff. He explained that he does have a letter from Mr. Russ Lake of Wal-Mart with regards to the improvements. He stated that the letter states that Wal-Mart is prepared to make the necessary financial arrangements as soon as the amount is settled with staff. Commissioner Scherrer asked if these same items have already been requested previously on the Preliminary Plat. Mr. Keller replied that they were requested at the previous P&Z meeting two weeks ago. Commissioner Iocco asked if the reason these items have not been taken care of is the time frame. Mr. Blanchard stated the reason to be that there were some issues that they were unclear, therefore they met with Alan Mueller and the Engineering staff last week. Mr. Blanchard stated that Mr. Hargrove told them he needed more time and detail to analyze the numbers for the letter of credit. Commissioner Selemon asked if they could make a recommendation contingent upon the agreement for the letter of credit. Commissioner Iocco pointed out that staff has already made this comment and staffs recommendations were included in the motion. Commissioner Selemon asked what the road right -of --way is. Mr. Blanchard stated that it is proposed to be a 100' and there is a dedication on the west side that has been agreed to and will be done upon closing. Commissioner Selemon stated that he is approving the plat based on the fact that it is a 100' right-of-way. He then asked how this is going to affect the RaceTrac located at the corner lot, which is supposed to come out at a 120'. Mr. Keller replied that after discussing this issue he thought the intent was to replat the RaceTrac Mr. Blanchard replied that the intent is that RaceTrac will be required to replat at sometime. Commissioner Selemon asked what if RaceTrac does not replat. Mr. Blanchard interjected stated that the improvements that are being done at this time are being done without that right-of-way and it is not critical to the road section that is going in at the intersection. Commissioner Selemon thanked Mr. Blanchard for his time. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 4 Planning and Zoning Commission Commissioner McDonald asked if there is any common access driveway between he RaceTrac and Wal-Mart. Mr. Blanchard replied there'is not. Commissioner Scherrer asked if there are driveways on CR 94 or FM 518. Commissioner Selemon replied that there are driveways on both. Motion to approve passed 5 to 0. E. CONSIDERATION & POSSIBLE ACTION — Replat of 2.0801 acres out of tract "B" in Magnolia Industrial Sites Section One, Vol. 18, Pg. 153-154, B.C.P.R. out of the H.T.&B. RR. Co. Survey, Section 11, A-239, Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with a few corrections and listed them all: 1. The Surveyors and owners need to sign mylars. 2. They need to correct the spelling of "flood plain". 3. They need to turn in the corrected drainage plan. 4. They need to correct note no. 5. 5. They will need to have a Public Hearing on the plat. Commissioner Selemon asked what the replat is for and pointed out that there is not cloud or square stating what is being replatted. Commissioner Scherrer made a motion to table the replat of Magnolia Industrial Sites with a second made by Commissioner Selemon. Motion to table passed 5 to 0. IV. NEXT MEETING DATES: V. ADJOURNMENT The meeting adjourned at 7:30 p.m. March 25, 2002 — No meeting April 1, 2002 - Regular meeting April 8, 2002 — JPH & Regular meeting Timse minute p lly sub ed by: la 'Ita Lifer G s, Planri & Zoning Secretary Minutes approved as submitted and/or corrected on this /S—day of APAAL- , 2002. lxyt Charles Viktorin, Planning & Zoning Chairman Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 5