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2000-03-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND HELD ON MONDAY, MARCH 20, 2000 AT 6:30 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 6:35 p.m. with the following present: Chairperson Mary Starr Vice-Chairman Tommy L. Scott Commissioner Emil A. Beltz Commissioner Donald Glenn Commissioner Todd locco Commissioner Russ Selemon Commissioner Charles Viktorin Director of Planning and Community Services Gene Tumlinson Asst. City Engineer Andy Gallagher P & Z Secretary Jennifer Gonzales II. APPROVAL OF MINUTES Commissioner Beltz made a comment that on page 4, the third line from the bottom has a misspelled word. He stated that a letter "s" needs to be added to the word "does". Mr. Beltz then made a motion to approve the March 6, 2000 regular meeting minutes with the correction, and Vice-Chairman Scott seconded the motion. Motion to approve passed 6 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Traffic Design Standards. Projects Manager Michael Ross reminded the Commissioners that he presented this criteria to them back in May of 1999. Commissioner Beltz asked if there have been any improvements, and Mr. Ross replied that that there have been no corrections. Mr. Beltz then made a motion to forward the "Traffic Design Standards" to City Council, and Vice-Chairman Scott seconded the motion. Mr. Ross then gave a brief explanation of the criteria and stated that the first part is an attempt to limit driveways on our major thoroughfares and secondary thoroughfares, to cut down on spacing better, and to encourage shared driveways wherever possible on 1 non-residential developments. The next part is about requirements for traffic impact �.- analysis, and triggers as to when they will be needed. He explained that traffic studies are done so that we can have accurate information to review the impact of the development on the City's current and proposed streets. He stated that this is one component of an entire set of design standards that they will be putting together. He stated that this is going to be enforced in the city limits and in the E.T.J. Chairperson Starr asked if the actual "wording" has been reviewed by the City Attorney and Mr. Ross replied that the this is the exact document that will be attached to the ordinance that will go to City Council. Chairperson Starr asked if there is any "wording" that for the agreement between the owners for the shared driveways. Mr. Ross stated that there is a Standard Joint Access Agreement that is used when you have a shared driveway, but this will be handled between the two owners. He added that the City is not an actual participant however, it will be a requirement during the platting stages. Commissioner Glenn stated that a "city traffic engineer" is referenced to several times, and he asked who would be filling this title, and Mr. Ross stated that he personally feels that this would be Mr. Hargrove even though Mr. Hargrove may feel differently. He then stated that the City has just recently hired an "on call" traffic engineer to do specific review studies that are submitted to the City, so in effect the consultant will probably acting as the "traffic engineer" for the present time. Chairperson Starr called for a vote. Motion to approve passed 7 to 0. B. CONSIDERATION & POSSIBLE ACTION — Building Permit Application for 16000 Cullen by owner, Houston Memorial Gardens. Director of Planning and Community Services Gene Tumlinson explained that once again this is a permit that he could not approve because it is zoned Suburban Development (SD). He stated that the owner is making for a simple request to expand their business. He then stated that he had to deny it and bring it to Planning and Zoning so they can make a recommendation to City Council. Commissioner Beltz asked if there will be shrubbery, and Mr. Tumlinson stated that they should have plenty of landscaping. Vice-Chairman Scott made a motion to forward the building permit application for 16000 Cullen to City Council for approval, and Commissioner Viktorin seconded the motion. Motion to approve passed 7 to 0. 2 C. CONSIDERATION & POSSIBLE ACTION — Vacationing of Shadow Creek Ranch Plat. Assistant City Engineer Gallagher explained that this request is to vacate the 1509.4 acre plat being a partial replat of the Shadow Creek Ranch Subdivision. He stated that this is the legal step to follow in abandoning the plat. He stated that at the time they platted there were several different owners and now they've secured the title on all of the land and it is now under one ownership for platting purposes. David Tinney, of LJA Engineering introduced his self and explained the this is the last and final step for the "clean up" of the paper that actually goes back years and years ago to an old subdivision that was recorded in large 10-acre tracts. He then stated that this final step is to vacate the new plat and turn it back into acreage to begin platting. Chairperson Starr asked if the actual plan would stay the same, and Mr. Tinney replied that the P.U.D and T.I.R.Z would all stay the same. Commissioner Beltz made a motion to approve the vacationing of the Shadow Creek Ranch Replat and Commissioner locco seconded the motion. Motion to approve passed 7 to 0. D. CONSIDERATION & POSSIBLE ACTION — Final Plat of Villages of Edgewater Estates Section 5, Phase 2, 30.115 acres out of the H.T.&B. R.R. Co. Survey, A-309. Variance Request: 1. Use of a 20-foot front building line on cul-de-sac and thumbnail lots. Assistant City Engineer Andy Gallagher stated that everything on the plat is ready, however there is a problem with the letter dated March 3, 2000 submitted by the engineer for the use of a 20-foot front building line. He went on to explain that under the subdivision code number 27.4-C the front building lines may be reduced to 20-feet in special cases where lot depths are less than 105'. He has spoken to the City Attorney and he recommends that this should be referred to the Zoning Board of Adjustments. He stated that staff is supportive of the request but it does need to go the proper authority for approval, which is the Zoning Board of Adjustments, as they have discovered in a workshop with City Council that was held a week ago. Steve Gardner from Ferro Saylors, Inc. stated that this request has been made with every subdivision they have ever done in the last twenty years and this has never gone before the Zoning Board of Adjustments and it has caught them off guard that they have to do this. He stated that Phase 1 had the same request which has just been approved, and he stated that he would like it if they could go ahead and get this phase approved without going to the Zoning Board of Adjustments so that they may begin construction. 3 Mr. Gallagher stated that he has been instructed to enforce this regardless of how it was done in the past. He stated that his recommendation as a representative for the engineering department is that it should be deferred to the Zoning Board of Adjustments, and their next meeting will be in the first week of April. He then offered to give Mr. Gardner a copy of the outline that was discussed at the workshop held last Monday. Vice-Chairman Scott made a motion to approve the Final Plat of Villages of Edgewater Estates Section 5, Phase 2 be approved contingent upon the variance request approval by the Zoning Board of Adjustments. He stated that they will have the City Engineer and the City Attorney's signatures withheld off the plat until the variance request is taken care of, and Commissioner Beltz seconded the motion. Motion to approve 7 to 0. E. CONSIDERATION & POSSIBLE ACTION — Final Plat of Garner Estates Section 2, 2.000 acres out of tract 7-1/2 H. Masterson Subdivision, Vol. 28, B.C.P.R. Subdivision of Section 5, H.T.& B. R.R. Co. Survey, A-237, Pearland, Brazoria County, Texas. Assistant City Engineer Gallagher stated that the engineering department recommends approval of the plat with no comments. Commissioner Viktorin made a motion to approve the Final Plat of Garner Estates Section 2, and Commissioner Glenn seconded the motion. Motion to approve passed 7 to 0. F. CONSIDERATION & POSSIBLE ACTION — A Final Plat of Ravenwood Estates Section Two, being a 38.6999 acre tract of land located in the H.T&B. R.R. company Survey, A-546, Pearland, Brazoria County, Texas. Assistant City Engineer stated that the necessary corrections have been made and staff recommends approval contingent upon approval of construction drawings. Vice-Chairman Scott made a motion to approve the Final Plat of Ravenwood Estates Section Two subject to the City Engineer's signature on the construction drawings and with the deletion of Jack Mathis and Chris Cookson's name off the plat, and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. G. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Towne Lake Estates, being 77.6339 acres of land in the L.W. Murdock Subdivision Recorded in Volume 29, Page 174 of the Brazoria Deed Records, and out 4 of the A.C.H.&B. Survey, A-507 and the H. Stevens Survey, A-594, Brazoria County. Variance Request: 1. To allow a 20-foot building setback line around the cul-de-sac streets only. 2. To allow private streets to be extended from 300' to 600' with cul- de-sacs as regular public streets. Assistant City Engineer Gallagher stated that staff recommends approval, however, the same situation applies for the variance requests and they will need to go to the Zoning Board of Adjustments. Vice-Chairman Scott stated that he is not comfortable with that. He feels like that is going to put pressure on the Zoning Board of Adjustments because they will feel obligated to approve the variance since Planning and Zoning approved the plat. He then reminded the Commissioners that if the variance is not approved, the plat will have to be redrawn. He then stated that he feels it should go to the Zoning Board of Adjustments first. Mr. Gallagher reminded the Commissioners that this is the plat that is preliminary, and it would be fine if that is how Planning and Zoning chooses to handle it. Director of Planning and Community Services Gene Tumlinson stated that they knew the developers would be caught off guard, and that is why they have been instructed to recommended approval contingent upon the variance request approval, but he does understand where the Commissioners are coming from. He stated that from now on it will be his job to catch these variances on the preliminary plats. John English of Rekha Engineering stated that he is representing West Development the developer, and he understands what the Commissioners are talking about with the street variances, but the scheduling is very important to them. He stated that this is an established developer who has been working with the City for a long time and we would respectfully request that this plat be approved. He stated that this will set them back a month at a minimum. He then asked to please to approve the plat subject to the variance approval. Vice-Chairman Scott asked when the Zoning Board of Adjustments will meet next, and Mr. Tumlinson replied that the next meeting will be Thursday, April 6, 2000. Commissioner locco stated that his feelings are if they let this plat be approved tonight then they will be setting a precedent, and if they are going to start tabling the plats then they need to start tonight and be consistent with their decision making. Chairperson Starr asked if a letter has been sent out to notify the developers of this, and Mr. Tumlinson replied that there has not been a letter sent out. 5 Mr. Gallagher argued that every developer should read the Subdivision Ordinance. He then stated that the rules have been in the book, and it is our job to enforce them right away. Vice-Chairman Scott argued that's not an issue. Commissioner locco made a motion to table the Preliminary Plat of Town Lake Estates Section One, and Commissioner Selemon seconded the motion. Commissioner Viktorin asked if they could recognize this in their meeting notes and approve this plat and denote in the notes for future reference because he understands and he agrees that the fear is that they will set a precedence. Commissioner Viktorin stated that he has experience in corporate minutes and corporate guidance and what is reviewed, and what is considered legal and what is not. He stated if you have a board meeting and if you're doing something out of the ordinary, as long as it is documented, you are covered. Chairperson Starr asked if the Zoning Board of Adjustments is aware of this, and Mr. Tumlinson stated that they have not yet even been notified. Mr. Tumlinson stated that they can have a special meeting on the 10th of April at 6:30 P.M. for the Town Lake Estates. Commissioner locco stated that the he would like to add to his motion that they will be tabling the Preliminary Plat of Town Lake Estates until their special meeting that will be held on April 10, 2000. He explained that this will be following the next Zoning Board of Adjustments meeting that will be held on April 6, 2000, where they will act on the variance request. Motion to approve passed 6 to 0 (1 abstention). IV. NEXT MEETING DATE: March 27, 2000 (Workshop with City Council) April 3, 2000 (Regular Meeting) V. ADJOURNMENT The meeting adjourned at 7:20 P.M. These mioutes r-s-a-ctfully subm. •d by: . .i .4 /f1 ,. ...di1ennifer '•onzales, Plan '*g & Zoning Secretary Minutes approv as submitted and/or corrected on this 3 day of ,� 2000. jC4?/)/ -- a Starr anning & Zoning Chairperson 6