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2002-07-15 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 JULY 15, 2002 IMMEDIATELY FOLLOWING THE WORKSHOP, IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The regular meeting was called to order at 7:17 p.m. with the following present: P&Z Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner Development Coordinator Planner I P&Z Secretary APPROVAL OF MINUTES: Todd Iocco Kevin McDonald Robert Scherrer Don Sederdahl Russ Selemon Mona Phipps Theresa Grahmann Jennifer Gonzales July 1, 2002 Commissioner Sederdahl made a motion to approve the July 1, 2002 minutes with a second made by Commissioner Scherer. Commissioner Selemon stated that he has some changes on Page 7. He stated that on the sixth paragraph from the top he would like it to read that he liked the PUD because of the mixed uses. He added that in the same paragraph he would like it to read that he would prefer masonry fencing for the residents who back up to the Neighborhood Services section. Motion to approve passed 5 to 0. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Request by Terry Brooks of West Development for a variance from the Tree Ordinance on Class I and H trees to allow for Palms, Loquat, & Italian Cypress for mitigation throughout the projects the Bellavita, Vi114 Verde, and Villa D'Este. Commissioner Sederdahl made a motion to deny the request for mitigation of Palms, Loquat, Italian Cypress. Commissioner Scherrer seconded the motion. Commissioner McDonald agreed with Parks Director Ed Hersh on how beautiful the entrances are behind Green Tee. He stated that he went up and down Scarsdale and it is one of the nicest entryways into Pearland. He suggested if the request is denied for the developer Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 1 of 6 Planning and Zoning Commission to make some kind of arrangement with the Parks Director. He stated he feels the developer has one a good job with the area. Chairman Iocco pointed out that it is very obvious that the tree ordinance needs immediate work. Commissioner Selemon stated the Tree Ordinance is being discussed by City Council. He agreed the development does look great but he does not feel comfortable replacing the Class I trees with trees that aren't even a Class I or II. Chairman Iocco suggested maybe working on a 2:1 ratio, which would be a more realistic idea for the market value. Chairman Iocco called for a vote. Motion to deny passed 4 to 1. Voting; Record: "Aye" — Chairman Iocco, Commissioner's Scherrer, Selemon, and Sederdahl. "No" - Commissioner McDonald. B. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Creekside Section One, 29.395 acres out of the HT&B R.R, Co. Survey, Section One Abstract 233 and the D.H.M. Hunter Survey, Abstract 76, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated staff recommends approval with the following corrections: 1. They need to add a streetlight between lots 1 and 2 of block 3. 2. They need to remove the streetlight at the intersection of Orange Street at Schleider Drive. 3. The lot layout may need to be adjusted in order to provide a 15' access along the south end drainage ditch. Mr. Keller explained that the engineer has not agreed with the developer on how to handle the drainage ditch along the south side. He stated if they leave it open they would have to provide an access, which may cause the engineer to have to redo the layout. Chairman Iocco clarified they approving this plat contingent upon this issue being resolved. He expressed concern regarding why they are even approving the plat with that kind of an outstanding issue. Mr. Keller stated the plat is fine the way it is now if they are able to close the storm sewer. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 2 of 6 Planning and Zoning Commission Chairman Iocco brought up the 30 -day rule and explained the Commission should either approve or deny the plat. Mr. Keller stated the developer has not decided at this time what he is going to do with the ditch. Commissioner Scherrer made a motion to approve the Preliminary Plat of Creekside Section One with staff's comments. Commissioner Selemon seconded the motion. Motion to approve passed 5 to 0. C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch Water Treatment Plant Site, 2.090 acres being out of the H. Levering Survey, Abstract 279, Fort Bend County, Texas. Chairman Iocco commented that he thinks it is unique how this plat is now being brought to them after it's already been built. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following conditions: 1. They have a varying distance on the southeast side. 2. They need to add the reserve area in the title block. 3. The word "treatment' should be removed from the title. Mr. Keller stated the City of Pearland has already bought this site. Chairman Iocco asked if this is feeding off the water main from Almeda. Mr. Keller stated there is an existing 20 -inch waterline on Almeda that feeds from the City of Houston water system. Commissioner Scherrer made a motion to approve the Preliminary Plat of Shadow Creek Ranch Water Treatment Plant Site with staffs recommendations. Commissioner McDonald seconded the motion. Motion to approve passed 5 to 0. D. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Vo Estates, A subdivision of 2.2510 acres of land out of a 60.13 acre tract in the Allison -Richey Gulf Coast Home Company's Suburban Gardens, H.T&B. R.R. Co. Survey, Section 10, Abstract 505, City of Pearland, Brazoria County, Texas. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 3 of 6 Planning and Zoning Commission Plat and Plans Administrator Richard Keller stated that staff recommends approval as presented. Commissioner Scherrer made a motion to approve the Preliminary Plat of Vo Estates with a second made by Commissioner Sederdahl. Chairman Iocco and Commissioner Scherrer questioned why the owner had to plat this property. Commissioner Scherrer asked if this is really being subdivided from any other tract. He stated there is a guy that wants to build a house and he owns the property. He stated the subdivision ordinance doesn't apply to an individual building a house, and it is supposed to be for subdividing of land. Mr. Keller replied the City would not issue a building permit to any lot that is not a platted lot unless the lot was in that configuration prior to 1981, which is when the Subdivision Ordinance went into effect. Mr. Keller explained the gentleman did not want to by the entire piece of property and that he only wanted a portion, which is why he has to plat. Chairman Iocco asked when the purchase was made and if it were prior to 1981. 1VIr. Keller replied that if that were the case then he wouldn't have to plat. Commissioner Scherrer stated that he has a problem with this because the same thing happened when he built his house on his property. He continually was told by the City that he had to subdivide his property, and a certain surveyor was honest enough to let him know he really didn't have to do it in the first place. He wondered if the property owner even has to plat this piece of land. Mr. Keller stated the City cannot stop anyone from selling off a piece of property from meets and bounds, but when they come to get a building permit the City will get them. Discussion ensued regarding the price of platting. Commissioner Selemon asked to be educated regarding the requirement for a six-foot sidewalk. Mr. Keller replied the six-foot sidewalk is required and referred to the Commission to note 5. Motion to approve passed 5 to 0. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 4 of 6 Planning and Zoning Commission E. DISCUSSION ITEM — Request by Kerry R. Gilbert & Associates, Inc. for review and discussion of a 548.9 acre revised Planned Unit Development on Old Alvin Road (previously The Fairways at Highland Glen). Kerry Gilbert with Kerry Gilbert & Associates, Inc. was present along with Dan Olson of Beazer Homes. Commissioner Scherrer asked why they are discussing this when they already had a workshop on this. Secretary Jennifer Gonzales clarified this is the first step of the PUD application process. Chairman Iocco stated that he couldn't get passed the circle water fountain at McHard Road. Dan Olson commented that was the City's idea. Dan Olson stated only one change has been made and the change is that more parks have been added. Chairman Iocco stated the PUD looks nice and he appreciates their patience. Planner Theresa Grahmann stated that the legal description is missing 6 -acres and there are a few differences in the acreage on the charts. She stated they were just clerical errors that need to be corrected. F. DISCUSSION ITEM — Begin review of P&Z Rule of Procedure. Chairman Iocco verified that the Commission received the comparison of the city's Rules of Procedures. Chairman Iocco handed out his booklet. Chairman Iocco stated that he has read all of them twice. He stated that he took the City of Allen's Rule of Procedure and inputted City of Pearland and took some ethics from the other cities. He stated basically it is how they have operated for the last 18 months. He stated that he added the position of the P&Z Secretary. He pointed out the last paragraph which states that anything that has happened in the past is in the past. He stated this new Rule of Procedure would, supersede the past. Chairman Iocco commented that this would be a wonderful piece to give to any new member for guidance. Commissioner Scherrer suggested that the Commission review Chairman Iocco's draft and make their own comments. Discussion ensued regarding whether or not they should add in a statement regarding the prohibition of any member meeting with the applicants. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 5 of 6 Planning and Zoning Commission Commissioner Selemon stated they should take out where it states that four member are required in order to have a quorum and have it state that a simple majority is required. Chairman Iocco pointed out Article V — where it covers amendments. Discussion ensued regarding whether or not the Commission has to attend the workshops with the applicants. Commissioner Sederdahl reminded the Commission that they work under City Council and they are used as a tool for City Council. He stated he does not have a problem attending the workshops. Commissioner Scherrer stated that he thinks it is unethical to discuss things with the applicant outside of a meeting. Discussion ensued regarding the possibility of a Commissioner representing the Commission at any Neighborhood Services meetings. Chairman Iocco asked Theresa Grahmann what she thought about the different cities. Planner Theresa Grahmann stated that she thinks the City of Plano and Richardson are really tough. Discussion ensued regarding absenteeism. Commissioner Scherrer pointed out that he feels after three unexcused absences the Commission should agree and vote on taking that issue to City Council. IV. NEXT MEETING DATES: August 5, 2002 (Regular P&Z) August 12, 2002 (JPH & Regular P&Z) V. ADJOURNMENT The meeting adjourned at 8:05 p.m. T e minutes respectfu submitted by. Jen r GonzAW, ejft4mng & ing Secretary Minutes apppved as submitted and/or corrected on this ' day of 2002. Todd Iocco, Planning & Zoning Chairman Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 6 of 6