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2003-06-02 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Planning and Zoning Commission MINUTES OF A REGULAR MEETING FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 2, 2003, AT 6:30 P.M. IN THE SECOND FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The meeting was called to order at 6:35 p.m. with the following present: Chairman Todd Iocco Vice-Chairman Russ Selemon Commissioner Ray Bacon Commissioner Sheryl Greiner Commissioner Ruby Sandars Commissioner Robert Scherrer Commissioner Don Sederdahl Planner I Theresa Grahmann Plat and Plan Administrator Richard Keller Deputy City Attorney Nghiem Doan P&Z Secretary Trish Broussard II APPROVAL OF MINUTES: April 7, 2003 April 21, 2003 Commissioner Greiner made a motion to approve the minutes and Commissioner Sandars seconded the motion. Motion to approve passed 6 to 0. III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - Variance request on behalf of Gary Mensik, agent for LJA Engineering for the purpose to start the construction of four model homes, in the Lakes at Highland Glen Section 4, upon completion of the paving and curb prior to acceptance of the subdivision Commissioner Scherrer made a motion to approve the variance request with a second by Commissioner Sandars. Dan Olson, Developer of Lakes of Highland Glen, stated that staff is also recommending approval. He stated that opening of Pearland Parkway should have been completed by now. HE explained that he is requesting this variance so he may start construction on these model homes, which are facing Pearland Parkway and begin the sales process. Page 1 of 7 —P&Z Minutes Planning and Zoning Commission Vice-Chairman Selemon asked if the normal channels were followed, how long would it be before they could start construction of these model homes. Mr. Olson replied that it would be several months. Chairman Iocco commented the developer is really putting his neck out by building these homes before getting subdivision acceptance. Vice-Chairman Selemon asked what would protect the Commission from a lawsuit. Deputy City Attorney Nghiem Doan replied he didn't think the Commission would be liable. Commissioner Bacon commented that the model homes would not have any occupancy. Motion to approve passed 6 to 1 (Chairman Todd Iocco). B. CONSIDERATION & POSSIBLE ACTION- Final Plat of Stepping Stones No. 3, a subdivision of 5.5394 acres of land located in the H.T. & B. R. R. company survey, A-242 Brazoria County, Texas ..• Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following notes: that signatures need to be obtained on the plat and the title report needs to be reviewed to make sure there is no lien by Frost National Bank. Commissioner Greiner made a motion to approve the Final Plat of Stepping Stones No. 3 with staffs comments. Commissioner Sandars seconded the motion. Motion to approve passed 7 to 0. C. CONSIDERATION & POSSIBLE ACTION- Final Plat of Tranquility Lakes Section Three, a subdivision of 16.5422 acres of land located in the H.T. & B.R.R. Company Survey, A-242 Brazoria County, Texas REMOVED. The commission took no action on this item. D. CONSIDERATION & POSSIBLE ACTION— Preliminary Plat of Shadow Creek Ranch SF-12, 25.765 acres, being out of the H.T. & B. R. R. Co., Survey Section 82, Abstract 565, City of Pearland, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated that staff recommends approval with 1 comment. Page 2 of 7—P&Z Minutes Planning and Zoning Commission Commissioner Bacon made a motion to approve the plat with staffs comment with a second by Commissioner Sandars. Motion to approve passed 7 to 0. E. CONSIDERATION & POSSIBLE ACTION — Preliminary Right of Way Plat of Shadow Creek Ranch Business Center Drive and Medical Center Drive, 7.641 acres being out of the T.C.R.R. Co Survey, section 4 abstract 675, the William Morris Survey, abstract 344 and the J. Crawley Survey, abstract 174, City of Pearland, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated that this right of way is in front of the hospital site in Shadow Creek Ranch. He recommended approval as presented. Commissioner Sandars made a motion to approve the Preliminary ROW Plat of Shadow Creek Ranch Business Center Drive and Medical Center Drive with staffs comment. Vice-Chairman Selemon seconded the motion. Motion to approve passed 7 to 0. F. CONSIDERATION & POSSIBLE ACTION- Preliminary Plat of Shadow Creek 41111.. Ranch SF-6, 82.841 acres, being out of the H.T. & B.R.R. Co Survey Section 82, Abstract 565 and the T.C.R.R. Co, Survey Section 3, Abstract 678, City of Pearland, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following comments: 1. Add Recordation data for adjoining plats. 2. Two sets of surface coordinates are shown as identical. 3. Island Crossing Street should be a 90' right-of-way 4. The 10' building line along Clear Lake Loop is redundant. Commissioner Sandars made a motion to approve with staffs comments. Commissioner Greiner seconded the motion. Motion to approve passed 7 to 0. G. CONSIDERATION & POSSIBLE ACTION- Final Plat of Amundsen Prop rties Abstract No. 304 in the City of Pearland, A subdivision of 4.886 acres of sand within Lot 47 of the subdivision of section 85, H.T. & B. railroad company survey, Brazoria County, Texas Page 3 of 7—P&Z Minutes Planning and Zoning Commission Plat and Plans Administrator Richard Keller stated that staff recommends approval as presented. Commissioner Bacon made a motion to approve the Final Plat of Amundsen Properties with a second by Commissioner Sandars. Motion to approve passed 7 to 0. H. CONSIDERATION & POSSIBLE ACTION —Final Plat of Oakbridge Apartments, a subdivision of 10.000 acres out of Lot 42, Zychlinski's subdivision in the H.T. & B.R.R. Survey, Abstract No. 233 and out of Lot 5 Walcott's Pearland subdivision in the D.F.M Hunter Survey,Abstract No. 76 Plat and Plans Administrator Richard Keller stated that staff recommends approval contingent upon approved construction plans. Commissioner Bacon made a motion to approve with staffs comments and Commissioner Greiner seconded the motion. Motion to approve passed 7 to 0. I. CONSIDERATION & POSSIBLE ACTION— Preliminary Plat of Pearland Park Estates a subdivision of 48.2221 acres located in the A.C.H. & B. Survey, A-147 and the T.D. Yocum Survey, A-399 City of Pearland, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated that staff recommends approval with the notes that they need to show the floodway limits from FEMA and they need to show Pearland Parkway on the vicinity map. Commissioner Sederdahl made a motion to approve the Preliminary Plat of Pearland Park Estates with staffs comments. Commissioner Scherrer seconded the motion. Motion to approve passed 7 to 0. J. DISCUSSION WITH LEGAL COUNSEL Deputy City Attorney Nghiem Doan explained that he had this item placed on the agenda on a concern that he had at the last meeting regarding the Joint Public Hearing item that was turned down because of a question of ownership. Mr. Doan apologized for his shyness in raising his concerns aloud regarding where the discussion was going at the last meeting. Mr. Doan wanted to clarify that property ownership is extremely important, but staff does have a procedure in place where they ascertain the ownership (by checking with Brazoria County Records). He stated that his concern relies on how the application was handled because staff had verified the ownership. Mr. Doan added that somebody did speak at the public hearing on the ownership, however they did not show any prof or Page 4 of 7—P&Z Minutes Planning and Zoning Commission anything that would rise to the level of the source that was used by staff to identify the ownership. Commissioner Bacon stated that he believes that the Commission, as a group, was looking at this application from a previous disapproval due to an unclear title. Mr. Doan stated he remembers and it was a plat that was disapproved for an incorrect lienholder listed. Vice-Chairman Selemon stated that from listening to the tapes Tobin Maples did state that there were two owners listed. He added they may be legally correct, however they are morally wrong. Mr. Selemon stated the title issues should be ironed out before the applications are presented for approval. Mr. Doan argued that his interpretation of what Mr. Maples stated at that meeting is different. He explained that Mr. Maples did say there were two owners on record, however the lady who spoke was not one of the owners. Mr. Doan added that both of the owners were applying for the zone change. Chairman Iocco stated they don't need to focus on that discussion, they need to focus on the issue that the applications are checked before they are brought forward. He added that if the lady who spoke at the Public Hearing had court ordered documentation stating who the right owner is, then the Commission should have tabled or denied the application. Mr. Iocco stated the Commission needs to stay within the perimeters of what they are allowed to do. Commissioner Sederdahl stated that this was a unique situation because he knew the documents weren't there (which was no problem), however he could feel the City's insecurities. He added that if the staff cannot make him feel comfortable with the situation then he's not voting. Vice-Chairman Selemon agreed with Commissioner Sederdahl. Commissioner Bacon added that there was no "warm, fuzzy feeling" from the City. Vice-chairman Selemon stated he is just looking for the morally correct solution when there are unclear title issues. Chairman Iocco stated that when the Commission goes out on a limb to deny an application based on an assumption, then they are putting themselves in harms way of a legality issue. Mr. Doan stated that he thinks the real question is how much back-up does the g• Commission require when a claim is made about an unclear title before you will prejudice somebody's application over it. Page 5 of 7—P&Z Minutes Planning and Zoning Commission Vice-Chairman Selemon stated that he would not expect it to be resolved at that very meeting, so they would have to come back and take action on the item when it is resolved. Commissioner Greiner asked if tabling the item would be the right thing to do. Mr. Doan stated no, he would not say to table the item. He stated that he would not recommend holding up the application over one person standing up with questions on the ownership. Vice-Chairman Selemon asked what would be wrong with putting the application on hold for a week until the issue is resolved. Mr. Doan commented that they are a judicial body and can't make decisions based on morals. Commissioner Scherrer brought up the Shadow Creek Ranch issue with the gentleman who claimed he owned the land. Mr. Doan pointed out there is a forum to resolve those litigation issues, and that does not need to be handled at these meetings. Commissioner Sederdahl stated that if he recognizes something that he doesn't feel is right, whether it is called "morals" or not, and the City is also uncertain, then that is all he needs to abstain or to vote against the request. Vice-Chairman Selemon stated that if the staff is willing to stick its neck out on the line then he would consider the request. He added that if staff has no problem with that then he would have no problem with that. Mr. Doan argued he has no problem sticking his neck out on the line. He added that he already apologized for being a little shy on the topic. Mr. Doan stated that if the Commission starts straying on the zone changes then they are going outside of their scope. He stated they shouldn't mention"morally". Commissioner Sederdahl stated that he would say it was due to "morally" being incorrect, and he would say it was due to lack of information. He stated even a lawyer can't say anything about that excuse. Chairman Iocco stated that if this ever comes up again, then they should approve or deny the application and let the courts worry about the argument of the ownership. He added that unless somebody steps forward with documentation showing they are not the real — owners, then they can table the application and look into it further. Page 6 of 7–P&Z Minutes Planning and Zoning Commission Mr. Doan stated that he feels that is the right thing to do. Commissioner Sandars stated that the Commission has to go with the County Records. Commissioner Sederdahl argued and told a story of an issue that happened on his street regarding county records. Vice-Chairman Selemon briefly explained that he sees too many issues of unclear titles and unsigned paper work. Mr. Doan stated this was complete and the only issue at hand was the lady who stood up to speak about the ownership. Commissioner Greiner stated this has been a learning tool and the next time they won't handle it the same way. She stated they will turn to the legal council. Chairman Iocco stated that next time he will adjourn the meeting for a few minutes and speak to the attorney about how to handle an issue of this type and then reconvene. IV. NEXT MEETING DATES: June 16, 2003 (JPH& Regular Meeting) July 7, 2003 (Regular Meeting) Ann V. ADJOURNMENT The meeting adjourned at 7:26 p.m. These 'nutes res ctfully submitted by: Je fer Go ales, Planning&Zoning Secretary Minutes a. •, • • -d as ubmitted and/or corrected on this day of g( II. 2003. 7 Todd Iocco, Planning& Zoning Chairman Page 7 of 7—P&Z Minutes