2011-10-03 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD OCTOBER 3, 2011 AT
6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
P&Z Chairperson Jerry Koza, Jr. called the meeting to order at 8:36 p.m. with the
following present:
P&Z Chairperson Jerry Koza, Jr.
P&Z Vice -Chairperson Richard Golden
P&Z Commissioner Phil Cessac
P&Z Commissioner Neil West
P&Z Commissioner Henry Fuertes
P&Z Commissioner Sheila Fischer
P&Z Commissioner Brandon Shimek
Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Harold
Ellis, Planner II Evan DuVall, Deputy City Attorney Nghiem Doan, and Planning Office
Coordinator Judy Krajca.
APPROVAL OF MINUTES
P&Z Commissioner Phil Cessac made the motion to approve the minutes of the Regular
Meeting of September 19, 2011, and P&Z Commissioner Neil West seconded.
The vote was 7-0. The minutes of September 19, 2011 were approved.
EXCUSE ABSENCE
P&Z Commissioner Henry Fuertes made the motion to excuse the absence of P&Z Vice
Chairperson Richard Golden and P&Z Commissioner Brandon Shimek from the P&Z
Regular meeting of September 19, 2011. P&Z Commissioner Neil West seconded the
motion.
The vote was 7-0. P&Z Vice Chairperson Richard Golden and P&Z Commissioner Phil
Cessac's absence from September 19, 2011 was excused.
NEW BUSINESS
P&Z Chairperson Jerry Koza, Jr. opened a series of public hearings for Partial Replat of
Shadow Creek Ranch SF -45, Partial Replat of Shadow Creek Ranch SF -45C and SF -
45B, and Partial Replat of Shadow Creek Ranch SF -49 concurrently at 8:38 p.m.
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Page 1 of 6
Planner II Evan Duvall read the staff report stating the applicant is reconfiguring the lot
sizes and making the lots larger. Staff received no public comment forms in favor or
against, but did receive one phone call inquiring about the Partial Replat of Shadow
Creek Ranch SF -45. There were three outstanding items remaining on all three partial
replats.
1) No objection letters from AT&T and Centerpoint
2) 2 mylars with signatures
3) Tax Certificates from Brazoria and Fort Bend County
The applicant was present but chose not to speak.
There was no one present to speak for or against the partial replats
P&Z Commissioner Henry Fuertes asked why tax certificates were needed for both Fort
Bend and Brazoria County. Planner II Evan DuVall explained that the property fell
within Fort Bend County, but City and School taxes were collected by Brazoria County.
Mr. Rene Rodriquez of LJA Engineering spoke about the positive change of larger lot
sizes.
P&Z Chairperson Jerry Koza, Jr. adjourned the series of public hearings concurrently at
8:58 p.m.
CONSIDERATION & POSSIBLE ACTION — PARTIAL REPLAT OF SHADOW CREEK
RANCH SF -45B
A request by LJA Engineering, Inc., applicant, on behalf of 741 SCR, LTD, Owner, for
approval of a Partial Replat of Shadow Creek Ranch SF -45B to reconfigure lot sizes,
totaling 24.173 acres on the following described property, to wit:
Legal Description: Being a subdivision of 24.173 acres of land situated in the George
Mac Donald Survey, Abstract 557, The H. Levering Survey, Abstract 668 and the S.G.
Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas; also being a
Partial Replat of Shadow Creek Ranch SF -45B, As recorded in Plat No. 20050109 of
the Plat Records of Fort Bend County, Texas.
General location: Mooring Point Drive and Biscayne Lake Drive
P&Z Commissioner Henry Fuertes made the motion to approve with staffs comments,
and P&Z Commissioner Neil West seconded.
Planning Director Lata Krishnarao commented that under the old ordinance the plat
could be recorded without infrastructure in place. However, due to this procedure,
sidewalks and other amenities could be left incomplete. Under the new ordinance all
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10/03/2011
Page 2 of 6
requirements must be completed prior to the plat being recorded. This subdivision is
under the old ordinance and staff will assure the amenities are in place.
P&Z Chairperson Jerry Koza, Jr. called for the vote.
The vote was 7-0. Partial Replat of Shadow Creek Ranch SF -45B was approved with
the condition that the following be provided before the plat is recorded:
1) No objection letters from AT&T and Centerpoint
2) 2 mylars with signatures
3) Tax Certificates from Brazoria and Fort Bend County
CONSIDERATION & POSSIBLE ACTION — PARTIAL REPLAT OF SHADOW CREEK
RANCH SF -45C AND SF -45B
A request by LJA Engineering, Inc., on behalf of 741 SCR, LTD Owner, for approval of a
Partial Replat of Shadow Creek Ranch SF -45C to reconfigure lot sizes, totaling 19.890
acres and a Partial Replat of Shadow Creek Ranch SF -45B subdivision to add a portion
to Shadow Creek Ranch SF -45C, on the following described property, to wit:
Legal Description: Being a subdivision of 19.328 acres of land situated in the H.
Levering Survey, Abstract 279 and the I.C. Stafford Survey, Abstract 669, City of
Pearland Fort Bend County, Texas; also being a Partial Replat of Shadow Creek Ranch
SF -45C, as recorded in Plat No. 20050110 of the Plat Records of Fort Bend County
Texas.
And a portion Shadow Creek Ranch SF -4513, a subdivision of 24.173 acres of land
situated in the George Mac Donald Survey, Abstract 557, The H. Levering Survey,
Abstract 668 and the S.G. Haynie Survey, Abstract 620, City of Pearland, Fort Bend
County, Texas; also being a Partial Replat of Shadow Creek Ranch SF -4513, as
recorded in Plat No. 20050109 of the Plat Records of Fort Bend County, Texas.
General location: Caymen Bend Lane and Sunset Springs Drive.
P&Z Commissioner Phil Cessac made the motion to approve with staffs comments, and
P&Z Commissioner Neil West seconded.
There was no discussion.
P&Z Chairperson Jerry Koza, Jr. called for the vote.
The vote was 7-0. Partial Replat of Shadow Creek Ranch SF -45C and SF -45B was
approved with the condition that the following be provided before the plat is recorded:
1) No objection letters from AT&T and Centerpoint
2) 2 mylars with signatures
3) Tax Certificates from Brazoria and Fort Bend County
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CONSIDERATION & POSSIBLE ACTION — PARTIAL REPLAT OF SHADOW CREEK
RANCH SF -49
A request by LJA Engineering, Inc., on behalf of 741 SCR, LTD Owner, for approval of a
Partial Replat of Shadow Creek Ranch SF -49 to reconfigure lot sizes, totaling
approximately 25.890 acres in the Shadow Creek Ranch SF -49 subdivision, on the
following described property, to wit:
Legal Description: Being a subdivision of 25.890 acres of land situated in the George
Mac Donald Survey, Abstract 557, and the H.T. & B.R.R. Co. Survey, Sec. 83, Abstract
761, City of Pearland, Fort Bend County, Texas; also being a Partial Replat of Shadow
Creek Ranch SF -49, as recorded in plat No. 20060136 of the Plat Records of Fort Bend
County, Texas
General location: Northwest corner of Arcadia Bay Drive and Trinity Bay Drive.
P&Z Commissioner Sheila Fischer made the motion to approve with staffs comments,
and P&Z Vice -Chairperson Richard Golden seconded the motion.
There was no discussion
P&Z Chairperson Jerry Koza, Jr. called for the vote.
The vote was 7-0. Partial Replat of Shadow Creek Ranch SF -49 was approved with the
condition that the following be provided before the plat is recorded:
1) No objection letters from AT&T and Centerpoint
2) 2 mylars with signatures
3) Tax Certificates from Brazoria and Fort Bend County
CONSIDERATION & POSSIBLE ACTION — REPLAT OF TRACT F OF SUNRISE
LAKE VILLAGE PHASE II
A request by Wilson Survey, on behalf of Texas Community Bank, N.A., Owner, for
approval of a Replat of Tract F of Sunrise Lake Village Phase II to create two lots,
totaling approximately 2.072 acres in the Sunrise Lake Village Phase II subdivision, on
the following described property, to wit:
Legal Description: Being a 2.072 acre tract "F", Block 1 of Sunrise Lake Village Phase II
in the John W. Maxey Survey, Abstract No. 721 in the City of Pearland, Brazoria
County, Texas as recorded in the Clerk's File No. 2006024597 in the Brazoria County
Clerk's Office.
General location: 2700 Block of Silverlake Parkway
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P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Neil West seconded the motion.
Planner II Evan DuVall read the staff report stating Tract F was being divided into Tract
F-1 and F-2. Staff did not receive any public comment forms and recommended
approval of the replat.
Planning Director Lata Krishnarao inquired who owned the detention and suggested a
need to see who will maintain it.
P&Z Commissioner Henry Fuertes amended his original motion for approval to verify
maintenance agreement is in place to maintain the detention area in perpetuity; and
P&Z Commissioner Neil West seconded the motion.
P&Z Chairperson Jerry Koza, Jr. called for the vote.
The vote was 7-0. Replat of Tract F of Sunrise Lake Village Phase II was approved with
the condition:
1) Maintenance agreement be in place as to who will maintain the detention
area in perpetuity
CONSIDERATION & POSSIBLE ACTION — VARIANCE REQUEST NO. 2011-05
REQUESTING A VARIANCE FROM SECTION 2.4.4.5 (c)(1)(b) REQUIRING A
MINIMUM LOT WIDTH IN THE OT -GB (OLD TOWN GENERAL BUSINESS) ZONING
DISTRICT
A request by Todd Slaton, applicant, on behalf of Paul and Vicki Howard, owner, for
Variance from the requirements of the Unified Development Code Section 2.4.4.5
(c)(1)(c) to allow a minimum of 124 -foot lot depth where 125' is required in the OT -GB
(Old Town General Business) Zoning District.
General location: 2201 Main St.
P&Z Commissioner Phil Cessac made the motion to approve Variance No. 2011-05,
and P&Z Commissioner Sheila Fischer seconded the motion.
Planner II Evan DuVall stated the Variance requested was less than 6 inches, but
according to the UDC Ordinance, a Variance was required. There were no outstanding
items and staff recommended approval.
P&Z Chairperson Jerry Koza, Jr. called for the vote.
The vote was 7-0. Variance Request No. 2011-05 was approved to allow a Variance
from Section 2.4.4.5 (c)(1)(b) requiring a minimum lot width in the OT -GB (Old Town
General Business) zoning district.
P&Z Minutes
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Page 5 of 6
DISCUSSION ITEMS
Commissioners Activity Report — only item discussed was the upcoming Texas APA
Conference. P&Z Commissioner Sheila Fischer will be attending with staff, and Council
Member Susan Sherrouse will attend and receive her Commissioner of the Year award.
Update of Zoning Cases was presented by Senior Planner Harold Ellis.
Project Stars Update was discussed by Lata Krishnarao, Planning Director, and a brief
powerpoint was shown for the 3 new Commissioners.
Planning Director Lata Krishnarao stated there would be no Joint Public Hearings on
October 17, 2011, and Planner II Evan DuVall stated there were no plats for that date
either. There was discussion of having a workshop on the P&Z Commissioners Rules
and Procedures.
Planning Director Lata Krishnarao stated that a date would be announced on when the
Finance Director would come speak to the Commission about the In -City MUD/ETJ
MUD — Debt ratio.
P&Z Chairperson Jerry Koza, Jr. stated he would not be present at the October 17,
2011 meeting as he would be out of the country.
ADJOURNMENT
P&Z Chairperson Jerry Koza, Jr. adjourned the P&Z Regular Meeting at 9:29 p.m.
These minutes are respectfully submitted by:
Judy;r , LPlaining O ce oordinator
Minutes approved as submitted and/or corrected on this 17th day of October 2011, A.D.
Richard Golden
P&Z Minutes
10/03/2011
Page 6 of 6
CONTRACT BETWEEN THE
CITY OF PEARLAND AND
11LUE RIDGE, LANDFILL
This Contract is dated and effective as of the day last signed by the parties hereto,
CITY OF PF,ARLAND, TEXAS ("Ctty") and BLUE RIDGE LANDFILL TX, LP ("Blue
Ridge"),
RECITALS
WHEREAS, City, through the operation of its wastewater treatment plants
("Plants") generates sludge which is disposed at the Blue Ridge Landfill ("Facility"); and
WHEREAS, Blase Ridge, through the operation of its Facility generates leachate
that is discharged into and processed through the Plants ("Discharge"); and
WHEREAS; the City and Blue Ridge desire to jointly cooperate in the use of
their respective Plants and Facility for the mutual benefit of each entity,
NOW THEREFORE, City and Blue Ridge, agree as follows:
1) City shall allow Blue Ridge to dispose the Discharge generated at its Facility
through City's sanitary sewer system, and City shall accept the Discharge in
its Plant(s) according to the following terms:
a. City shall submit monthly invoices to Blue Ridge reflecting a rate of 2.5
cents per gallon of Discharge accepted at City's Plant(s). Blue Ridge's
payment for said Discharge shall be in the form of a monthly credit in an
amount equal to that month's invoice against charges to the City for the
disposal of sludge generated at City's Plants for the same month, A
summary of Blue Ridge's Leachate disposal activity, including total
gallons Discharged into City's sewer system, shall be submitted to the city
monthly. A summary of Blue Ridge's Leachate disposal activity, including
total gallons Discharged into City's sewer system, dates of Discharge
transported by truck, and total credit applied to City's sludge disposal
costs, shall be submitted to City annually. In the event that Pearland
discontinues its disposal of sludge at Blue Ridge, Blue Ridge will remit
payment for leachate disposal to City within 30 days of receipt of City's
monthly invoices.
b. City personnel shall have access to Blue Ridge's Discharge flow meter and
sampling port located on Blue Ridge property at the interconnection
between Blue Ridge's leachate system and City's sanitary sewer system
during normal working hours of the Facility. Blue Ridge represents to City
that the Facility does not accept hazardous waste other than household
hazardous waste, as authorized by the TCEQ Municipal Solid Waste
Permit No, 1505A. Hazardous waste means any solid waste identified or
listed` as a hazardous' waste by the administrator of the United States
Environmental Protection Agency in accordance with the federal Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act,' 42 United States Code, §§6901. Al Discharge shall be
subject to random sampling tests performed by City, and no Discharge will
be accepted by City unless it has a pl-1 level between 5 and 9, and a
Biochemical Oxygen Demand ("BOD") level of less than 600 nagfl. Blue
Ridge shall perform Toxicity Characteristics Leaching Procedure
(" T'CLP") testing of the Discharge once every 6 months, and the results
shall be submitted to City on or before October 31" and April 30m of each
year during the term of this Agreement. (It is understood and agreed by
Blue Ridge that it shall be solely responsible for all costs of the TCLP
testing described above.)
c. City shall have the authority upon written notice of not less than 7 days to
temporarily discontinue the Discharge due to the need for maintenance or
repair of City's sanitary sewer system. In the case of a temporary cessation,
Blue Ridge may continue the Discharge by truck delivery directly to
another of the Plants until the necessary maintenance or repairs have been
completed so long as no interference with City's sanitary sewer system
occurs. Vehicles hauling Discharge from the Facility to any of the Plants
shall be received by City during normal business hours (6:30 AM — 3:30
PM Monday thru Thursday and 6:30 AM — 9:30 AM on Fridays).
d. In the event Blue Ridge hauls the Discharge, Blue Ridge shall be
responsible for all costs associated with delivering the Discharge generated
at the Facility to the Plants. Furthermore, City, in its sole discretion, shall
determine which of the Plants shall accept the Discharge: the Barry Rose
Plant, the Southwest Environmental Center, or the Far Northwest Center;
and the location for accepting the Discharge shall be subject to change at
any time, and for any given load.
e. In the event of an emergency, as solely determined by the City, City may
temporarily require Blue Ridge to shut down its Discharge system. Blue
Ridge, upon notification from City of such emergency, shall promptly stop
Discharging into City's sanitary sewer system. The contact persons with
the authority and ability to shut down the Discharge system are:
a) John Carrington: (281) 835-6142
b) Mitch Noto: (713) 676-7613
In the event of any substitution or replacement of contact persons notice shall
be provided in writing to City within 30 days of that change.
2
2) (3iy and Blue Ridge hereby acknowledge that they hm)e an existing agreement
fir Blue Ridge to dispose of sludge generated at C'Ity's Plants according to
the terms provided in Attachment A hereto, and with individual waste profiles
executed with each of the Plants;
3) The term of this Agreement shall commence immediately upon execution by
both parties and terminate on the 31" day of December, 2016, except that it is
automatically renewed for a rnaxinatun of 5 additional 5 year periods unless
City or Blue Ridge provides 90 day advanced written notice to the other party,
Notwithstanding the foregoing, either the City or Blue Ridge may, in its sole
discretion, terminate the provisions of this Agreement at any time and without
cause by providing 90 days advanced written notice of the termination. Such
notices shall be provided as follows:
To: City of Pearland To: Blue Ridge
Mr. Danny Cameron General Manager
3519 Liberty Drive Blue Ridge Landfill
Pearland, Texas 77551 Mr. Mitch Noto
2200 FM 521
Fresno, Texas 77545
In the event of any substitution or replacement of contact persons, notice shall be
provided in writing to the other party within 30 days.
4) This Agreement constitutes the entire understanding and agreement of the
parties as to the matters set forth herein. No alteration of or amendment to
this Agreement shall be effective unless given in writing and signed by all of
the parties hereto.
5) This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Brazoria and/or Ft. Bend Counties, Texas. The parties
agree and acknowledge that venue for any action arising under this Agreement
shall lie in the state district courts of Brazoria County, Texas only.
6) Understanding and Voluntary Acceptance of the Terns of Agreement — City
and. Blue Ridge each acknowledge and agree that: (A) it has carefully read
this Agreement and fully understands its meaning, intent and terms; (B) it has
full knowledge of the legal consequences of this Agreement; (C) it agrees to
all terms of this Agreement and voluntarily has signed this Agreement; (D)
other than as stated herein, no promise or inducement has been offered to it
for this Agreement; and (E) it has full power and authority to execute this
Agreement, and this Agreement is legal, valid, binding, and enforceable on or
against it.
7) 'Costs and Expenses - In the event of aaty dispute between the City and Blue
Ridge regarding the matters set forth in this Agreement, the prevailing Party
in such dispute shall be entitled to recover from the non -prevailing Party or
Parties all costs and expenses incurred by it in connection with such dispute,
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8) Multiple Counterparts; Fatted Signatures - This Agreement may be executed
in multiple counterparts acrd faxed or emailed signatures shall have the same
effectas originals hereunder,
9) This Agreementshall become a binding obligation on the signatories upon
execution by all signatories hereto. City warrants and represents that the
individual executing this Agreement on behalf of City has full authority to
execute this Agreement. Blue Ridge warrants and represents that the
individual executing this Agreement on behalf of :Blue Ridge has full
authority to execute this agreement,
10) In the event any provision of this Agreement shall be determined by any court
of competent jurisdiction to be invalid or unenforceable, Agreement shall, to
the extent reasonably possible, remain in force as to the balance of its
provisions as if such invalid provision were not a part hereof.
11) BLUE RIDGE RELEASES, ACQUITS, INDEMNIFIES, AND HOLDS
HARMLESS AND AGREES TO DEFEND CITY, ITS OFFICERS,
OFFICIALS, AGENTS, EMPLOYEES, REPRESENTATIVES,
SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL KINDS OF
CLAIMS, DEMANDS, LOSSES, DAMAGES, INJURIES, RIGHTS,
CLAIMS, LAWSUITS, CAUSES OF ACTION, OR JUDGMENTS OF
WHATSOEVER CHARACTER OR NATURE, INCLUDING
ATTORNEYS' FEES, COSTS AND EXPENSES, WHICH MAY ARISE
OUT OF, BE RELATED TO, OR BE IN CONNECTION WITH ANY
BREACH OF BLUE RIDGE'S OBLIGATIONS HEREIN.
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Director of Public Works
Date: fa 1,26111
BLUE RIDGE LANDFILL TX, LP
By: Allied Waste Landfill Moldings, Inc.
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