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2004-10-04 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 OCTOBER 4, 2004, AT 6:30 P.M., IN THE SECOND FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 9:03 p.m. with the following present: Chairman Ruby Sandars Vice Chairman Todd locco Commissioner Neil West Commissioner Sheryl Greiner Commissioner Peter Dumont Secretary Betty Foreman Absent: Commissioners David Ransom and Joe McWhorter Also in attendance: Executive Director of Community Services Nick Finan; Planning Manager Lata Krishnarao; Senior Planner Theresa Grah -nann; City Engineer Doug Kneupper; and Plan and Plats Administrator Richard Keller. NEW BUSINESS a A. CONSIDERATION & POSSIBLE ACTION — A variance request on behalf of Keith Faseler, agent for McGuyer Home Builders, Inc., to issue building permits to construct a Recreation Center and a temporary Sales Center prior to completion of Avalon Terrace Section One. Vice Chairman Todd locco made a motion to approve. Commissioner Neil West seconded. Plan & Plats Administrator Richard Keller gave a brief history of the area. Mr. Keller stated this property is in the ETJ (Extra territorial jurisdiction) and normally the City would not inspect this, but since there is a strategic agreement between the developer and the City. The City Engineer has outlined two requirements, one is an all weather access road and no CO's until the infrastructure is complete. Vice Chairman Todd locco made an amending motion to approve with Staff's recommendations. Commissioner Peter Dumont seconded. Voting "Aye" on the motion to approve Commissioners Sandars, locco, Greiner, Dumont, and West Voting "No" None Page 1 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION Motion Passed 5-0 Commissioner Sheryl Greiner asked if the representative was in the room, and Ms. Greiner asked if they understood that they would be at risk, and the representative stated yes, they did understand. Voting "Aye" on the motion to approve with Staff's recommendations, Commissioners Sandars, locco, Greiner, Dumont, and West. Voting "No" None. Motion Passed 5-0 B. CONSIDERATION & POSSIBLE ACTION — Final Plat Southway Community Church, a plat of 6.00 acres of 261 ,155 sq. ft. of land, being part of a 6.6271 acre tract of land and a part of a 6.1264 acre tract of land out of the James Hamilton Survey, Abstract No. 881 in Pearland, Harris County, Texas. Plan & Plats Richard Keller stated this property was in Harris County, on the East side of SH 288. There were no outstanding items. Vice Chairman Todd locco made a motion to approve. Commissioner Sheryl Greiner seconded. Commissioner Peter Dumont asked if there was another church in the area. Plan & Plats Administrator Richard Keller stated that the church wanted to add on, and has to plat the property. Voting "Aye" Commissioners Sandars, locco, Greiner, Dumont, and West. Voting "No" None. Motion passed 5-0 C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of CVS Shadow Creek Ranch a subdivision of 2.637 acres of land situated in the T. C.R.R. Co. Survey, Section 3, Abstract 678, and the T.C.R.R. Co. Survey, Section 4, Abstract 675, Brazoria County, Texas, City of Pearland, Texas Plan & Plats Administrator Richard Keller stated this was a proposed drug store in Shadow Creek Ranch. This site was outlined for commercial purposes in the Shadow Creek PUD. The only item Mr. Keller wanted on the plat is the Joint Use Agreement that requires access to this property to south. ... Commissioner Sheryl Greiner made a motion to approve with Staff's Page 2 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION ..• recommendations. Vice Chairman Todd locco seconded. Commissioner Sheryl Greiner asked a representative if he wanted to make a statement. The representative stated that there was an easement on the east side; Mr. Keller stated that he wanted to see one on the south side. The representative stated that was not a problem. Voting "Aye" Commissioners Sandars, locco, Greiner, Dumont, and West. Voting "No" None. Motion passed 5-0 D. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch Rec. Center No. 4, 2.377 acres being out of the S.G. Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas Plan & Plats Administrator Richard Keller stated there were no outstanding items. Commissioner Sheryl Greiner made a motion to approve. Vice Chairman Todd locco seconded. Voting "Aye" Commissioners Sandars, locco, Greiner, Dumont, and West. Voting "No" None. Motion passed 5-0 E. DISCUSSION ITEM — Regarding a Proposed Planned Unit Development District (PUD), changing the zoning from Single Family Dwelling District (R-4) to a Planned Unit Development District, for a 252 Multi-Family Unit on 29.30 acres, located generally on the West Side of Future Pearland Parkway, and North of Industrial Drive. Planning & Zoning Chairperson Ruby Sandars stated that she had request a representative from the legal department to be present. City Attorney Darrin Coker was present. Planning Manager Lata Krishnarao gave a description of this proposed PUD (Planned Unit Development). Ms. Krishnarao showed on the maps the surrounding areas and what the zoning in the area consisted of. Ms. Krishnarao stated that recently this property was re-zoned from Multi Family to R-4 zoning. The reason was the Comprehensive Plan stated that there was enough property for Multi Family zoning. Ales Page 3 of 9—P&Z Minutes PLANNING AND ZONING COMMISSION This is a proposed Multi-Family PUD consisting of 252 garden home units. This would be an active adult 55 and older community consisting of green space, walking trails, and swimming pool. Ms. Krishnarao stated that the applicant has stated that the residents would have access to two 9-acre lakes, but this was not part of the PUD document. The idea is that each apartment would face open space instead of a parking lot. This would be built in two phases; 126 units and the amenities would be built first and the second phase would finish the rest of the apartment homes. Ms. Krishnarao stated that there are two issues: the density meets the criteria of the Comprehensive Plan but the use does not. Conformance to the Thoroughfare plan, the Thoroughfare plan designates south Main Street as a major thoroughfare requiring 120 ft right of way, and at the time of platting, that dedication would be required. Staff comments include clarification of the net density, the PUD document states the 30 acres of green area include the 9 acre spring fed lake, this is not part of the property, Staff is asking about usage rights. The parking is not clear, and would have to be discussed. Another concern of Staff that the PUD states all units will have Front porches, but some units along the northern and southern property line, that will not happen. The setback along the northern units is 15 ft setback, and the southern units will have 10 ft setback. Staff does need a landscaping plan; treatment and materials use in common and open space in a schematic. This was not included in the PUD document. Staff needs to know what type of landscaping is being proposed. Another issue is the treatment of the perimeter fences, what types of fences are being proposed, the fence height and what types of screening is being proposed. The applicant is proposing a Neo-traditional design. Staff does need more information because Neo-traditional generally includes mixed uses, walk able communities, variety of elevations. Some of the details need to be in the PUD at least in the conceptual level. Staff would like to see what they are proposing. Some information Staff would like to see: whether or not this is a gated community, private streets, need to see the calculations for density, a TIA (Traffic Impact Analysis) may be required at time of platting. City Attorney Darrin Coker stated that everyone needs to remember what took place to get to this place. Council was aware of that Ms. West wanted to build 41111. Page 4 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION ,,. these Multi Family garden style apartments. When Council changed this zoning to R-4 from Multi-Family, they were aware this PUD would be coming. A discussion ensued among the Planning & Zoning Commissioners and the City Attorney regarding the possible noise issue by building residential next to industrial. Mr. Coker stated that that noise related complaints would have to be addressed at such time when the complaints are made. Planning & Zoning Chairperson Ruby Sandars stated that she would like to hear from the applicant, answers to questions that were raised. Renee West stated that she and her staff had been out to the property during the day to address the noise issue and had not noticed the noise levels. Ms. West stated that the plan was to build a concrete fence around the property that abuts against the industrial, and possible plant tall trees to buffer the sound. Commissioner Todd locco asked if there could be a 6 ft. masonry fence along that part of the property. Ms. West indicated that might be possible. There was a discussion among the Planning & Zoning Commiss'oners, the City Attorney, and the Executive Director of Community Services in regard to requiring in the PUD that this would be a 55 and older community. Questions from the Planning & Zoning Commissioners include: Commissioner Peter Dumont's questions were: where is the nearest medical facility, a discrepancy in the amount of square footage of the apartments between a couple of the pages in the PUD document. The concept map shows the swimming pool at the farthest end from the apartments, and at least a quarter of a mile walk to the pool, the question is the parking around the pool for those residents who choose not to walk. Mr. Dumont stated that he feels the recreation center and the swimming pool should be more centrally located or possibly have two. Terry Brooks stated that this was an active 55 and older community, and no would probably be walking to the pool in the hottest part of the day. Renee West also stated that the residents would have access to the lakes on the next property. Commissioner Peter Dumont asked what type of lake it was. Ms West stated that it was a sand pit lake with an artesian well. Ms. West also stated that there would be an agreement between Forgotten Angels and the apartment complex to allow the residents access. Commissioner Sheryl Greiner stated that she concurred with the Staff's comments. Ms. Greiner's questions are: 1. Reduce the density 2. Not address the exit routes appropriately. She does not believe they should rely on the Industrial Drive, as an exit route was a good idea. It Page 5 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION appears to be only 1 way in or out. She thinks they should block off Industrial Drive. Aaron McGuire stated that the Fire Marshall stated they would not need 2 exits if they would use 100% sprinkle, which they are planning. 3. What would be the lot coverage 4. What ordinances would they be building to? Planning Manager Lata Krishnarao stated that this would be a MF PUD and they meet all the requirements of an R-4 the only difference is these are apartments. 5. A noise agreement or a sound barrier would be needed. Commissioner Todd locco stated that the documentation was weak. The fencing to the south that is adjacent to the industrial should be at least 8 ft masonry, and could not support it if that was not requirement. City Attorney Darrin Coker stated that the Commission needs to be specific in the type and height of the fence. Ms. Krishnarao asked what extent did the Commissioners want to see. Commissioner locco stated all along the edge of industrial zone. Planning & Zoning Chairperson Ruby Sandars stated that all the Commissioners were in agreement to put in the wall. 'o. Planning Manager Lata Krishnarao asked the Commissioners exactly where did they wish to see the wall. Commissioner Todd locco stated that he felt it should be along the area adjoining the industrial area, which is along the southern and western boundaries. Commissioner Todd locco asked Ms. West why did they place the road through the middle of a piece of commercial property. Ms. West stated in the future there might be a medical facility or an assisted living on the commercial property, so that would be all tied together. Planning Manager Lata Krishnarao asked for a clarification on the phasing plan, the Commissioners stated that all the greenbelt and the sidewalks would be built during phase one. Commissioner Peter Dumont asked Ms. Krishnarao to clarify the Neo-Traditional concept. Mr. Dumont did not see what made it different than any other development. Ms. Krishnarao stated she did not know and that was why there needed to be clarification. Executive Director of Community Services Nick Finan asked if this would be a condition to get this PUD approved. Ms. Krishnarao explained the difference between Neo-Traditional developments versus a regular development. A discussion commenced among Staff and the Commissioners regarding the Neo-Traditional development and how much detail would be required in the PUD document. Page 6 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION Commissioner Todd locco stated he felt the recreation center should be more centrally located. There was discussion among Staff and the Commissioners regarding pedestrian gates, and the location of the recreation center. Commissioner Neil West stated that he had a concern regarding the parking. Planning & Zoning Chairperson Ruby Sandars asked if the followings questions could be clarified: 1 . Density — is that gross or net Ms. West stated that she could not answer that at this time. 2. Document states the residents would have a 30 acre green area and a 9-acre lake — do the Commissioners want restrictions as to who used this. Mr. Finan stated that if the lake had not been mentioned would this be a condition of not approving the PUD. Chairperson Sandars asked if Mr. Finan as renter and was told that there would be access to a 9 acre lake would that deter him from renting. The Commissioners feel that this was presented as an amenity, and should be stated in the PUD document. 3. There were 44 parking spaces required for the clubhouse and Ms. West has proposed 15 parking spaces. Commissioner Peter Dumont asked why would this be any different from any other development. Terry Brooks stated this was a private clubhouse and there may not be that many cars using the spaces. A discussion ensued between the applicant and the Commissioners regarding the number of parking spaces that would be required or needed, and there was a discussion of what makes up a 55 and older community. The decision from the Commissioners was for Staff to research this issue. 4. Setback on the Southern side of the property — do the Commissioners want that to be 20 ft as is what the other side has, and the applicant is showing 10 ft. A question was raised regarding if easement is required. Page 7 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION Ms. Krishnarao stated that the easement only applies to the northern part not the south. Ms. Krishnarao stated it might be easier to state al 0 ft setback from the wall on the southern edge. 5. Site plan showing the general landscaping, showing the materials used. The Commissioners all concurred. 6. Provide a plan showing the treatment of the perimeter of the PUD and a picture. The Commissioners all concurred. 7. A conceptual rendering of the proposed development. Commissioner Greiner stated the applicant was missing in Chapter 19, page 61 — the quantitative data was missing, and on page 62 & 63, II site plan, covered with the landscape plan with section H and Section I. The commissioners all concurred. 8. Need a statement in the PUD to establish the streets in the development are private or public. 9. Is this a gated community? Ms. Krishnarao stated that that was just a question. Chairman Sandars stated that if it were to be gated it should be stated. 10. MF PUD versus a straight PUD — Ms. Krishanaro stated that it would be easier if just stated as a straight PUD. The Commissioners agree that it should be a straight PUD instead of a MF PUD. 11 . Add note that if something is not covered in the PUD it is addressed in the Ordinances. 12. The applicant needs to clarify if it is 28.7 acres versus 29.3 acres. 13. State what material to be used on the walking path — Ms. West stated concrete and pavers. Planning & Zoning Chairperson Sandars stated that needs to be stated in the PUD. 14. Address covered parking — if having covered parking needs to show it in the PUD document. Planning & Zoning Chairperson Ruby Sandars asked the applicant if they had any comments. Ms. West stated that they were sorry the PUD was not more complete. Planning & Zoning Chairperson Ruby Sandars stated that this was exciting to see this type of PUD coming forth and this was not another cookie cutter development, with a lot of green space. Page 8 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION Planning & Zoning Chairperson Ruby Sandars asked Ms. Krishnarao if there were any questions on what the Commissioners want. Ms. Sandars stated that the Commissioners would like to see this PUD document before it goes to Joint Public Hearing. Ms. Sandars stated that what she is observing that what the Planning & Zoning Commission sees and what goes before Council are two different documents. Executive Director of Community Services Nick Finan stated that Joint Public Hearing that gives the Commissioners to tell Council that this was what is important to Planning & Zoning and the PUD is not what they had discussed. This tells Council that there are missing items and the Council can decide what is important to them. The Commissioners feel that sometimes what is discussed among their meeting is not being presented to Council. Planning & Zoning Chairperson Ruby Sandars asked if the Commissioners wanted to address the deed restrictions. The consensus among the Commissioners is the deed restrictions were important prior to the acceptance of the PUD document. The commissioners feel that the deed restrictions are important in the PUD. Also Planning Manager Lata Krishnarao asked about the park fees or park dedication. NEXT MEETING DATES: October 18, 2004 — JPH & Regular P & Z 4111.. ' November 1 , 2004 — Regular P & Z ADJOURNMENT The meeting was adjourned at 10:56 p.m. These minutes respectfully submitted by: BettyFore an, ®tannin & Zoning Secretary g Minutes approved as submitted and/or corrected on this (i day of DOrtq•nba• , 2004. 4/A/t ids' /h' Page 9 of 9 — P&Z Minutes