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2000-01-03 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 ON MONDAY, JANUARY 3, 2000 AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER: The meeting was called to order at 6:34 P.M. with the following present: Chairperson Mary Starr Vice-Chairman Tommy L. Scott Commissioner Emil Beltz Commissioner Donald Glenn Commissioner Charles Viktorin City Engineer John Hargrove P & Z Secretary Jennifer Gonzales Commissioner Todd locco and Russ Selemon were absent. II. APPROVAL OF MINUTES Commissioner Beltz made a motion to approve the December 6, 1999 minutes, and Vice-Chairman Scott seconded the motion. Motion to approve passed 5 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Broadway West Section Two, a subdivision of 4.7127 acres out of Lot 45, Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision Section 20, Vol. 2 Pg. 24, B.C.M.R. in the H.T. & B. R.R. Co. Survey, Abstract No. 506, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval as submitted. Commissioner Glenn made a motion to approve the Preliminary Plat of Broadway West Section Two, and Vice-Chairman Scott seconded the motion. Motion to approve passed 5 to 0. B. CONSIDERATION & POSSIBLE ACTION — Final Plat of TurboCare, Being 23.69 acres of land in the F.B. Drake Survey, Abstract 1181, City of Pearland, Harris County, Texas. Variance Request: 1. Use of street lights on frontage in Right-of-way of Beltway 8. 2. Requesting the requirement for sidewalks to be eliminated. 1 City Engineer Hargrove stated that there are two items that he needs in relation to the plat and listed them as: 1. Letter pledging compatibility with the community assets. 2. Harris County recordation number for the 20-foot drainage easement. Mr. Hargrove then stated that the developer presented an argument that they will not need street lights because the highway lighting will be sufficient. He stated they also requested a variance from the sidewalk ordinance due to the fact that there are currently no sidewalks along the beltway. Vice-Chairman Scott stated that as they discussed in the preliminary stages, the state has put us in a bad position because they did not put any sidewalks out there. He then asked if their argument about the street lights is a valid argument. Mr. Hargrove stated that he does understand the argument however, the subdivision ordinance requires street lights and it would be up to the Commissioners to approve the variance request. Vice-Chairman Scott made a motion to approve the Final Plat of TurboCare with the variances, and Commissioner Glenn seconded the motion. Motion to approve passed 5 to 0. C. DISCUSSION ITEM — Bellavita at Green Tee Planned Unit Development. Vice-Chairman Scott stated that he is confused by the presented material. He stated that he thought this was new, however, the cover letter is dated August 9, 1999 and addressed to Dennis Smith, and some plats are revised but not all of them. Terri Brooks of R. West Development Co., Inc. stated that this is an oversight on her part and she will update the material and have the books to them at the next meeting. Vice-Chairman Scott stated that there are also changes that have not been made on the water distribution layout, sanitary system, and some maps do not show the same street layouts. Ms. Brooks stated that she would have these changes corrected also. Director of Parks and Recreation Ed Hersh stated that he has visited with Alan Mueller and they have been working closely on parkland and trails. He then stated that City Council has just adopted a Parkland Dedication Plan and the city has been pressing this for the past 7 years. He then stated that he would like to request that land along the Creek would be dedicated to the City for trails and park use. 2 Commissioner Beltz asked which side of the Creek and Mr. Hersh answered the north side. Chairman Starr asked if this would be a part of the Parkland Dedication Plan and Mr. Hersh answered that it would be. Mrs. Starr then expressed her concern that from her understanding this is supposed to be a gated subdivision and she does not see how a gated subdivision with a security system could become public access. Discussion ensued between Mr. Hersh and the Commissioners regarding the possibility of a public access through the subdivision. Renee West of R. West Development Co. Inc., stated that the subdivision is a private gated community and it would completely defeat the whole purpose if there would be any public access for any reason. City Engineer Hargrove asked if Villa D'este and Section 2 of Bellavita will be a gated community also, and Ms. West answered that they will be. Vice-Chairman asked which side would Mr. Hersh would like to reserve, and Mr. Hersh stated that his preference would be on the north side so that it will tie into Southbelt Trail. Mr. Hersh then stated that he has received several calls. He then stated that this is an opportunity we should not pass up and we need to grab it or else in 20 years people will ask why don't we have trails like other communities. Vice-Chairman showed concern and asked what Ms. West's plans are. Ms. West answered that there is currently a 12-foot dirt wall that is secure and culverts that exist to drain the lake. Commissioner Beltz showed concern for the outdated maps and stated that they do show conflict with the other maps. City Engineer stated that he has no other comments. Commissioner Viktorin asked if the City parkland dedication requirements are to be met, then this subdivision will no longer be a gated community, and Mr. Hargrove replied that he is correct. Chairperson Starr stated that in her opinion if she is going to live in a gated community she would not want there to be any public access in the back. Ms. West agreed and stated that there will be gates on each side and there will be combination or locks. City Engineer Hargrove stated that since there are many streets, there needs to be a maintenance fund added to their mortgage payment. 3 D. DISCUSSION ITEM — Oakbrook Estates Section 5 Planned Unit Development. Ken Caffey of Amvest Properties, Inc. stated that there has been a couple of meetings since City Council has declined Oakbrook Estates Section 5 PUD and some changes have been made. He stated that they have added recreational area up near Shadycrest. He then stated that he has also met with Ed Hersh, and he explained that they do not own all of the property and that they are on an "option to buy" contract so they cannot dedicate property. He stated that there is presently a homeowners association for Oakbrook Estates. He then pointed out an area where they could put a jogging trail along to get to the swimming pool. Mr. Caffey showed concern as far as where the City draws the line as to what is "city" and what is "private" when it comes to these trails and parks. Mr. Hersh stated that the pool would be the Homeowners responsibility and they could post a sign stating that the pool is a private pool. City Engineer Hargrove asked if it is a private street community and Mr. Caffey answered that it is not. Mr. Hersh stated that a good example of what they have done is over at Banbury Cross. He stated that he received a call 7 years ago from a resident and he was not even aware that the park that was there was a city park. He then stated that they have made major improvements. He stated that he is not looking to have a "city" or "commercial" park, he is looking at having a neighborhood park. He then stated that studies show that the value of properties adjacent to parks increase 15-20%, and people want to be near a park. Mr. Hersh stated that they will go in with premier equipment that will last up to 15 years. Vice-Chairman Scott stated that it sounds like a win/win situation and he likes the idea. He then pointed out that if facilities aren't provided such as parking it will help keep the public out. Chairman Starr questioned if any reserve labeled "detention pond" that is dry most of the time can be used as a park. Mr. Hargrove stated that the slopes would be different. Mr. Hersh then stated that he has another comment on this plan and asked if the developer would consider turning the area that is below Reserve "G" that looks like the shape of a finger into a park. He then commented that he did not know if people would want to buy a lot that backs up to the creek anyway. Mr. Caffey stated that he would have to check with his boss on that, and he would like to work with the City any way he can. 4 Mr. Hersh stated that he would like reassurance that the areas that are marked green will be dedicated for a city park, and Mr. Caffey answered that he is fine with it, however, he will have to check with his boss on that as well. IV. ADJOURNEMNT The meeting adjourned at 7:37 P.M. These minutes rep 9-ctfully sLJ 11itted by: 1 - k._. I-4 4 ki en er Go zales, 'lanni' t & Zoning Secretary Minutes approved asp submitted and/or corrected on thic-;•7. day f••rl'..,'-, ?DDD... M tarr, anning & Zoning Chairperson 5 1 r r