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1998-08-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, AUGUST 17, 1998 AT 6:00 P.M., IN THE SECOND FLOOR CONFERENCE ROOM OF THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at 6:00 p.m. with the following present: Chairman Mary Starr Commissioner Emil A. Beltz Commissioner Pat Lopez Commissioner Jack Mathis Commissioner Nghiem Doan City Engineer John Hargrove Director of Planning and Community Development Dennis Smith Planning and Zoning Secretary Jennifer Mattingly II. APPROVAL OF MINUTES Commissioner Jack Mathis motioned for the August 3, 1998 minutes to be approved and Vice-Chairman Emil A. Beltz seconded motion. III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - A preliminary plat of Villages of Edgewater Estates Section Two, being 23.7± acres of land containing 80 lots, (75' X 120' TYP.) in two blocks. Commissioner Emil Beltz stated that he had a few questions. He first of all questioned what City Council had decided for the 10-foot aggregate, and Dennis Smith pointed out that they did not want any blanket variances, and he stated that the City Attorney stated that if a subdivision is in the original MUD, then they were allowing the 10-foot aggregate between homes. Chairman Mary Starr asked for staff approval, and City Engineer John Hargrove recommended approval as presented with the exception that signatures are withheld until a map he can read is provided. He also pointed out that there was no notes on the plat either. Commissioner Pat Lopez motioned for Villages of Edgewater Estates Section Two to be approved and Commissioner Jack Mathis seconded the motion. 1 Motion passed 4 to 0. B. CONSIDERATION AND POSSIBLE ACTION - A final plat of Waterbury Estates Section 1 at Silverlake, a subdivision of 17.9880 acres of land out of the R.B. Lyle Survey, Abstract No. 539, Brazoria County, Texas. Variance Requests: 1. Use of 20-foot building line setbacks on fronting the bulb portion of cul-de-sacs. 2. Use of 5-foot side lot building line setbacks. 3. Use of cul-de-sacs greater than 600 feet in length. Chairman Mary Starr stated that this subdivision is in the original MUD. City Engineer stated that he did not receive the second page of the plat, and a lady stated that she had the original if he needed to look at it. John Hargrove then stated that he needs to see the hold harmless agreement and the meets and bounds. He then asked if there was going to be a subdivision easement or boulevard entry way, and the lady replied that there is going to be a boulevard entry way. Commissioner Pat Lopez stated that the 20-foot bulb needs to be fixed anyway. Commissioner Jack Mathis requested approval of Waterbury Estates Section One with the requests made by City Engineer, and Commissioner Pat Lopez seconded the motion. Motion passed 3 to 1. C. CONSIDERATION AND POSSIBLE ACTION - A preliminary plat of Woodbend Section 2 at Silverlake, a subdivision of 27.8842 acres of land out of the R.B. Lyle Survey, Abstract No. 539, Brazoria County, Texas. Variance Request: 1. Use of a 20-foot building line setbacks on lots fronting the bulb portion of cul-de-sacs. 2. Use of 5-foot side lot building line setbacks. 3. Use of cul-de-sacs greater than 600 feet in length. Chairman Mary Starr pointed out that on the agenda there was a mistake in the spelling of the word building in the first variance request for Woodbend Section 2 at Silverlake. 2 City Engineer John Hargrove recommended approval with the exception that the signatures be withheld until the contours are added. He also stated that he had two more comments for the final plat. He stated that the format of the plat is not in standard format, that the title block needs to be in the left bottom corner, the vicinity map needs to be at the top right corner, the long dimensions need to read left to right, and the short dimensions need to read up and down. His second comment was that County Road 94 needs to go through County Road 59, and they need to submit the final drainage calculations. Commissioner Pat Lopez stated that he has a comment to make. He stated that they had two other plats tabled due to the variance requests. Dennis Smith said he is working on getting those plats back on and reminded Pat Lopez that we should stick with the ordinance. Pat Lopez stated that if they start denying all the plats then they would make a statement and this would be resolved, but he does not want to act on just an "understanding". Nghiem Doan walked in at 6:25 p.m. Commissioner Pat Lopez stated that at the Council Meeting Richard Tetens stated that if the ordinance is 15 feet then it is 15 feet, and there were no further comments from the other Council Members. Chairman Mary Starr stated that if the agreement regarding the subdivision being in the original MUD exist, then they will be either breaking the agreement or they will be breaking the ordinance. Dennis Smtih stated that he would request copies of the City Ordinance from Darrin Coker, the City attorney, and he would request a letter as far as the MUD condition is concerned. Commissioner Pat Lopez then asked if they would have the letter before the final plat is approved, and Dennis Smith responded that they would have the documents. Commissioner Emil Beltz requested that the Planning and Zoning Secretary make a special note in the minutes stating that there would be documentation from the City Attorney. Commissioner Pat Lopez then made a motion to approve Woodbend Section 2 at Silverlake, and Commissioner Emil Beltz seconded the motion. Motion passed 5 to 0. D. CONSIDERATION AND POSSIBLE ACTION - a preliminary plat of Scofield Section 1 at Silverlake, a subdivision of 26.3518 acres of land, out of the R.B. Lyle Survey, Abstract No. 539, Brazoria County, Texas. 3 Variance Request: 1. Use of 20-foot building line setbacks on lots fronting the bulb portion of cul-de-sacs. 2. Use of 5-foot side lot building line setbacks. City Engineer John Hargrove recommended approval as presented. Commissioner Emil Beltz made a motion to approve Scofield, and Commissioner Jack Mathis seconded the motion. Motion passed 5 to 0. E. CONSIDERATION AND POSSIBLE ACTION - Final Plat of Lakes at Country Place Section Two, Brazoria County, Texas, being 19.3695 acres of land located in the H.T. & B.R.R. Company Survey, Abstract 310 & C.J. Hall, Abstract 215. Variance Requests: 1. Use of a 20-foot front building line on front access garages. 2. Use of a 15-foot building line on houses with garages that do not face the street right-of-way. 3. Use of a 10-foot side setback between houses. 4. Use of an extra long cul-de-sac (greater than 600'). Chairman Mary Starr asked if this subdivision is in the new MUD or the original MUD, and City Engineer replied that it is in the original MUD. City Engineer then recommended approval, and stated that they need to submit a set of final covenants and the approved utility letters. Commissioner Pat Lopez made a motion to approve Lakes At Countryplace Section Two and to withhold signatures until the final covenants and the approved utility letters are submitted and Commissioner Jack Mathis seconded motion. Motion passed 5 to 0. F. CONSIDERATION AND POSSIBLE ACTION - A Final Plat of Lakes at Country Place Section Three, Brazoria County, Texas, being 13.4871 acres of land located in the F.B. Drake Survey, Abstract No. 503 (N. 1/2 sec. 2). Variance Requests: 4 1. Use of a 20-foot front building line on front access garages. 2. Use of a 15-foot building line on houses with garages that do not face the street right-of-way. 3. Use of a 10-foot side setback between houses. 4. Use of an extra long cul-de-sac (greater than 600'). City Engineer John Hargrove stated there are several problems that need to be taken care of. He stated that they still needed utility letters, final covenants, detention calculations, escro on streets, and file numbers on easements. Commissioner Pat Lopez made a motion to table Lakes of Country Place Section Three until they have taken care of all of the City Engineer's comments, and Commissioner Emil Beltz seconded the motion. Motion passed 5 to 0. G. CONSIDERATION AND POSSIBLE ACTION - A Preliminary Plat of Southdown Commercial Reserve, Tract B, 1.555 acres of land out of the H.T.& B.R.R. Co. Survey, Section One, Abstract 310 and B. Drake Survey(South 1/2 of Section Two),Abstract 510, Brazoria County,Texas. City Engineer John Hargrove recommended approval with detention calculations. Commissioner Pat Lopez made a motion to approve Southdown Commercial B with detention calculations, and Commissioner Jack Mathis seconded motion. Motion passed 5 to 0. H. CONSIDERATION AND POSSIBLE ACTION - A Preliminary Plat of Southdown Commercial Reserve, Tract C, 11.910 acres of land out of the H.T.& B.R.R. Co. Survey, Section One, Abstract 310 and B. Drake Survey (South 1/2 of Section Two), Abstract No. 510, Brazoria County, Texas. City Engineer John Hargrove recommended approval, and asked if they had plans to build County Road 94 through, and Jaime Salinas stated that they were building it through to McHard Rd. City Engineer then stated they also need to submit detention pond calculations and their covenants. Commissioner Jack Mathis motioned for Southdown Commercial to be approved, and Commissioner Pat Lopez seconded the motion. 5 I. CONSIDERATION AND POSSIBLE ACTION - A Preliminary Plat of Villages of Edgewater Estates Section Three, being 11.8± acres of land, containing 54 lots, (60' X 115' TYP.) and four reserves containing .39 acres in three blocks. All the commissioners commented that the Villages of Edgewater Estates Section One was a beautiful division. Discussion then ensued regarding whether or not this subdivision is in the city limits. It was then acknowledged that it is in the city limits. City Engineer John Hargrove stated that the plat is missing the surveyor's signatures, and then Randy Riley stood up and apologized for the inconvenience and stated that he has the original plat with the signatures. Commissioner Emil Beltz recommended approval of Villages of Edgewater Estates Section Three, and Commissioner Jack Mathis seconded the motion. Motion passed 5 to 0. J. DISCUSSION ITEM - Discussion regarding updating the ordinances. Chairman Mary Starr stated that she requested this discussion item because they need to start doing a lot of work updating the planning ordinance. She stated that it has been outdated for some time. Mary Starr then asked City Engineer John Hargrove if he was going to incorporate the drainage plan in the subdivision ordinance, and John Hargrove responded that the drainage plan is already in the ordinance, and he would like to take it out. Chairman Mary Starr then asked what steps needed to they needed to take in order to move forward with the subdivision ordinance? City Engineer John Hargrove responded that they have gone through everything and the only thing that is hanging is the drainage plan, and after gathering the criteria he has gathered he realizes that it does not belong in the ordinance. He thinks we need to read through it again and decide if it's ready for council. Dennis Smith stated it would be safe to look over the ordinance before taken to council, he then aked how soon this would all take place and Chairman Mary Starr responded that it needed to be taken care of ASAP. Discussion ensued regarding the date of the next meeting, and it was decided that the next regular meeting date will be on September 21 , 1998 and this discussion item needed to be added to the agenda. Chairman Mary Starr stated that they 6 needed to request a workshop with City Council where they don't just sit and listen. She then suggested that they ask for a working workshop with City Counil. Chairman Mary Starr then added that there are also several problems with the zoning ordinance, for example, the City Council does not want any more R-4's. She added that they needed to really look at the planning and zoning ordinance as well. Chairman Mary Starr stated she had some ideas, for example, they needed to provide an excellent definition of "townhomes" and a definition of "patiohomes", because people are asking for these in Pearland. She stated that Housing is not addressed in the ordinance either. She pointed out that you end up with an R-4 at a less density then in R-2 or R-3 because of the amount of land tht now comes out because of the detention that was not required before. Dennis Smith stated that since the Land Use Ordinance was written, a lot of perameter use by American Planning Associates have changed as well. Discussion ensued by the members regarding a subdivision that first requested an R-3, which was denied, and City Council wanted them to use R-1 . After the completion of the project there were more houses then there would have been if they would have used R-3. Using R-3 there would have been fewer houses and less traffic. It was decided that the Planning and Zoning members needed to find a way to legitametly show the City Council that density is not the problem. Chairman Mary Starr stated that she would like to get some input and ideas from the other members and would like to get started on this right of way. IV. NEXT MEETING DATE: Monday, September 28, 1998 (JPH meeting) Monday, October 5, 1998 (Regular meeting) V. ADJOURNMENT The meeting was adjourned at 8:35 PM. • , M..•y Starr, Chairman TEST: //// 0/i ennifer /attin.I , Secri all7