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2000-05-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNNG AND ZONING COMMISSION OF THE CITY OF PEARLAND HELD ON MONDAY, MAY 15, 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 6:35 P.M. with the following present: Chairperson Mary Starr Commissioner Emil A. Beltz Commissioner Donald Glenn Commissioner Todd locco Commissioner Russ Selemon Commissioner H. Charles Viktorin Director of Community Development & Services Gene Tumlinson City Engineer John Hargrove P & Z Secretary Jennifer Gonzales II. APPROVAL OF MINUTES: April 17, 2000 (Regular Meeting) May 1 , 20000 (Regular Meeting) Commissioner Viktorin made a motion to approve the April 17th and May 1st regular meeting minutes, and Commissioner Glenn seconded the motion. Motion to approve passed 6 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION —Zoning Application No. 917 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C) on the following described property, to wit: 1. Zoning Application No. 917 Legal Description: Tract I: 1 acre being Lot 3, Gabriel Enterprises and Tract II: 1.78 acres being Lot 36H3 out of the H.C. Johnson 99 acre tract, A- 219, Brazoria Co., (2617 Lazy Bend Drive) Owner: Stan Leslie 2617 Lazy Bend Drive Pearland, TX 77581 1 Agent: Charlie Eason of Hardcastle Real Estate Commissioner Beltz asked if there is going to be any outside storage and Director of Community Development & Services Gene Tumlinson replied that there will be outside storage. Commissioner Viktorin made a motion to forward Zoning Application No. 917 to City Council for approval and Commissioner Selemon seconded the motion. Motion to approve passed 6 to 0. B. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 918 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB) on the following described property, to wit: 1. Zoning Application No. 918 Legal Description: 1.103 acres being Lot 1 of Gabriel Enterprises, H. T. & B. R.R. Co. survey, A-219, Brazoria Co., TX (5915 Broadway) Owner: Stan Leslie 2617 Lazy Bend Drive Pearland, TX 77581 Agent: Charlie Eason of Hardcastle Real Estate Commissioner Glenn made a motion to forward Zoning Application No. 918 to City Council for approval, and Commissioner Beltz seconded the motion. Motion to approve passed 6 to 0. C. CONSIDERATION & POSSIBLE ACTION — Zoning Application Nos. 919 & 920 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: 1. Zoning Application No. 919 Legal Description: The West 2 acres of the South 1/2 of Lot 9, Allison Richey Gulf Coast Home Co. Subdivision, Section 10, H. T. & B. R. R. Co. survey, A-505, Brazoria Co., TX according to the plat as recorded in Vol. 2, pg 24, plat records of Brazoria Co., TX (13535 Stone Road) Owner: Victor and Michelle Patterson 2 13535 Sagebluff Pearland, TX 77581 2. Zoning Application No. 920 Legal Description: 2.5 acres out of the South 1/2 of Lot 46, Allison Richey Gulf Coast Home Co.'s Subdivision, Section 9, H. T. & B. R.R. Co. survey, A- 234, Brazoria Co., TX, according to the plat thereof in Vol. 2, pg 23, Brazoria Co., TX (1630 Roy Road) Owner: Rex and Mary Leppala 1630 Roy Road Pearland, TX 77581 Commissioner locco made a motion to combine Zoning Application Nos. 919 & 920, and Commissioner Glenn seconded the motion. Motion to combine passed 6 to 0. Commissioner Beltz made a motion to forward Zoning Application Nos. 919 & 920 to City Council for approval, and Commissioner locco seconded the motion. Motion to approve passed 6 to 0. D. CONSIDERATION & POSSIBLE ACTION — Preliminary Right-of-Way Plat of Shadow Creek Ranch Village One, Phase One-A, 6.250 acres, being a partial replat and extension of the Allison-Richey Gulf Coast Home Co's Part of Suburban Gardens, Brazoria County, Texas, of record in Volume 2, page 99, plat records, Brazoria County, Texas. And also being out of the T.C.R.R. Co. Survey, Section 3, Abstract 678 and the Obediah Pitts Survey, Abstract 717, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval with the following comments for the final plat: 1. Surveyor statement must be added. 2. Remove Tommy Scott's name. 3. The curve returns at Kirby and Shadow Creek Parkway are still too small 4. The 100-foot pipeline waiver statement must be added. 5. The curve tables must be on plat. Commissioner Viktorin made a motion to approve the Preliminary Right of Way Plat for Shadow Creek Ranch Village One, Phase One-A, and Commissioner locco seconded the motion. Motion to approve passed 6 to 0. 3 E. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Parks at Walnut Bend, being a subdivision containing 85.7470 acres located in the H.T.&B. R.R. Survey, A-239, City of Pearland, Brazoria County, Texas. Variance Request: 1. Requesting a variance from the ordinance that requires cost participation for Fite Road. City Engineer Hargrove stated that he has had a lot of trouble with this plat. He stated that it has been studied over and over again by several different people. He then stated that his main concern is that the drainage plan did not include detention calculations. He then stated that he has some corrections that will need to be made before final plat approval, and listed them as: 1 . Correct flood insurance designation and base flood elevation. 2. The final drainage plan must include detention calculations. He then stated that he has a comment on the variance request. He stated that staff recommends requiring the cost participation in accordance with the ordinance. He stated that his thought is that if they are so far from cost participation for this road then the preliminary plat shouldn't be accepted. Chairperson Starr asked if Fite Road runs beside the park on McLean, and Mr. Hargrove replied that the park runs between Fite Road on the south and Willowick Subdivision on the north. He then pointed out that an exhibit should be attached to the plat in their packets. Chairperson Starr asked where Fite is supposed to end, and Mr. Hargrove replied that it will end at Veterans and it now ends at McLean. Jamie Cornelius, the developer, presented an old thoroughfare map, which indicated that Fite does not extend through to Veterans and Mr. Hargrove explained that this is an error. Chairperson Starr asked if it would be a good idea for a road to run next to the park. Commissioner locco asked how much their portion of the cost participation would be, and Mr. Hargrove explained that it is hard to tell with this kind of project. He stated that with out the drainage costs, he would guess this particular standard would go for about $400 a foot. Commissioner locco stated that that seems like a lot of money for a road that could possibly not be built, and Mr. Tumlinson assured him that sooner or later the road will be built. Commissioner locco asked if they approve the plat without the variance request, then could the developer go to City Council with the request. He then stated that he does not want to set a precedent by approving such a variance. 4 Mr. Cornelius asked if he could address Planning and Zoning, and Chairperson Starr allowed him to speak briefly. Mr. Cornelius stated that each of the items they discussed are accurate, but he would like to point out a couple of other things. He started by stating that originally one of the goals was to relieve some of the traffic pressure of Fite, and to get people to FM 518. He pointed out that between Manvel and McLean there are five different roads that make this connection. He stated that for this particular instance, neither Willowick Subdivison nor this proposed subdivision would get any direct benefit from this extended road. He then stated that the southeastern point of this tract is in the floodway, not the floodplain, and this is the reason that the whole detention and mitigation area is so large. He explained that for the road to go through, there would be not only significant storm costs, but they would also have to figure out how to build a road in the floodway. He stated that with the construction of this road there will still only be a "T", and it will not extend over the railroad tracks. He stated that he would be glad to accommodate the City in the donation of the right-of-way, should the event ever occur, but with the passage of the recent park fee ordinance, and with this property being 100% in the floodplain this property is very challenging to develop. Mr. Cornelius then reminded the Commissioners that they are not utilizing the zoning of R- 4 on the property at all. He stated that they are almost at an R-2 zoning with an average of 6,600 square foot lots. Commissioner Viktorin stated that he agrees with Todd, however he does not believe in setting a precedent. He stated that if the facts are logical and noted in minutes there should be no concern for setting any precedents. Commissioner Selemon disagreed with Mr. Viktorin about setting a precedent, and stated that doors will be opened if they start approving these variances. Commissioner Glenn made a motion to approve the Preliminary Plat of Parks at Walnut Bend excluding the variance request with the City Engineer's comments. Commissioner Selemon seconded the motion. Motion to approve passed 4 to 2. F. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Tranquility Lakes Section One, being 12.8881 acres (561,406 s.f.) of land located in the H.T.&B. R.R, Company Survey, A-242 Brazoria County, Texas. Variance Request: 1. Use of length greater than the 300 foot maximum length requirement for cul-de-sacs. City Engineer Hargrove stated that this project is in the E.T.J. and has a sandpit behind it to the south. He stated that he has a number of thoughts regarding this plat, and listed them as: 1. There have been no covenants turned in. 2. There has been no title report turned in. 5 3. There is no approved drainage plan. The approval of a preliminary plat normally commits us to the commitment of water and sewer service for up to a year, however in this case because it is in the E.T.J., in a M.U.D., they will not be getting water and sewer from the City. Mr. Hargrove then stated that he is very concerned about the drainage plan mostly because of lack of outfall, and the plan has conflicts with the geometry of the sandpit. He stated that the works that are shown on the drainage plan would have to be built up in thin air to work. He stated that he has come to the point where he has to recommend tabling until he these corrections can be worked out. The City Engineer's secretary, Jennifer Gonzales, pointed out they have received the title report via fax. Mr. Hargrove stated that the covenants would have to provide for systematic collection of funds for maintenance of the four-lane roadway and that is a concern. Mr. Hargrove stated that the drainage plan, by our ordinance, requires City's approval to get plat approval, and the County Engineer also requires Brazoria Drainage District's approval for the final plat. He stated that he has a letter from the drainage district engineer objecting to the drainage plan. He stated that it is especially troubling to him that the people who are required to approve the drainage plan just to get the plat approved (the Brazoria Drainage District) doesn't like the plan. Mr. Hargrove then pointed out that projects in the E.T.J. have to make both the City and the Brazoria Drainage District happy when it comes to drainage, per County Engineer's request. Mr. Hargrove stated that sometimes they will go on a "sketchy" preliminary drainage plan if it is a simple straight forward subdivision. Renee West stated that Al Lentz has all the stuff for the final approval of the drainage plan, and she and John English never realized they had to have in all the final computations. She stated that they submitted a plat along the lines that they usually do for preliminary approval. She stated that the Brazoria Drainage District is supposed to sign off and she would have gotten a letter from Al Lentz saying that he has approved the drainage. She then stated that Mr. Hargrove must have an old letter. She stated that after all these years nothing has changed and its not from her understanding that she has to have a final drainage plan with a preliminary plat approval. Mr. Hargrove argued that he has not asked for any final calculations. • Renee West stated that he is asking for a final plan, and Mr. Hargrove argued that he just wants a drainage plan that makes sense. He then stated that a two-foot ditch in thin air does not make sense to him. 6 Mrs. West then stated that it is a 50-foot vacant lake, and she asked if he does not think the lake has enough capacity for 11 acres. Mr. Hargrove stated that there has been a preliminary drainage plan that has been submitted and that is all that the ordinance requires however, the problem is that the drainage plan does not make sense. Commissioner locco made a motion to table the Preliminary Plat of Tranquility Lakes, and Commissioner Selemon seconded the motion. Motion to table passed 5 to 1. G. CONSIDERATION & POSSIBLE ACTION - Final Plat of Villa Verde Section One, being 23.19 acres of land in the W.D.C. Hall Survey, Abstract No. 23, Harris County, Texas. City Engineer Hargrove stated that staff recommends approval with the following comments: 1. The dates need to be corrected on the title block of sheet 2. 2. Tommy Scott's name needs to removed. 3. They need to reference an official "City of Pearland" benchmark. City Engineer Hargrove then stated that the recordation of Villa Verde must follow Villa D'Este because Villa D'Este dedicates Scarsdale Blvd. Commissioner Viktorin made a motion to approve the Final Plat of Villa Verde Section One with the City Engineer's comments, and Commissioner Glenn seconded the motion. Commissioner Selemon stated that he would like to go on record to request that he would like to start seeing tree disposition plans before final plat approval. City Engineer Hargrove stated that they received a letter from the Urban Forester, Janell Jones relieving the developer from that responsibility. Commissioner Selemon stated that he feels like the requirement has not been uniformed correctly in the past. Motion to approve passed 6 to 0. H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Villa D'Este Section One, being a subdivision of 17.6630 acres of land out of the W.D.C. Hall Survey, A- 23, City of Pearland, Harris County, Texas. City Engineer Hargrove stated that staff recommends approval with a note that all utility letters need to be submitted, and he stated that Bellavita Section 1 will need to be recorded before Villa D'Este. 7 Commissioner Selemon stated that he has the same comment regarding the tree disposition plans. Terry Brooks, from West Development Co., Inc. stated that the next section, Villa D'Este Section Two, is where all the trees exist that are worth saving. Motion to approve passed 6 to 0. I. CONSIDERATION & POSSIBLE ACTION- Building Permit Application for 5306 Heron Lane by owner Jennifer Jamison. Director of Planning and Community Development Gene Tumlinson stated that Mrs. Jamison is proposing to do new water well site, and she would also like to fence the site for security purposes. He stated that he had to deny the application because the property is zoned Suburban Development District (SD), and now he has brought the application before Planning and Zoning for a recommendation to City Council. Commissioner locco asked what kind of fence, and Mr. Tumlinson replied that it would be a cyclone fence. He then added that he could have permitted a barbed wire fence because that is allowed in this particular zoning, but not cyclone. Mr. Tumlinson stated that staff is supportive of this request. He stated that the City annexed them and now the owner desperately needs help with their water situation. Commissioner locco made a motion to forward the building permit application for 5306 Heron Lane to City Council for approval, and Commissioner Selemon seconded the motion. Motion to approve passed 6 to 0. J. CONSIDERATION & POSSIBLE ACTION — Recommendation to City Council for Revised Impact Fees. The Commissioner's questioned the hand out regarding the Revised Impact Fees. Director of Planning and Community Development Gene Tumlinson stated that this is what the consultant is projecting for the years to come as far as the number of units, and the projected water and sewer usage. Mr. Tumlinson stated that the impact fees that will be required when building a house are $2954.00, however if you build a house in Shadow Creek Ranch then the fees will be $2678.00. Mr. Tumlinson stated that believe it or not, with the growth that the City of Pearland is experiencing, the fees are actually kept at a lower price then they probably should be. Chairperson Starr asked what other city's have been used for this comparison, and Mr. Tumlinson replied that they have compared the fees of Sugarland and Missouri City. 8 Commissioner Beltz made a motion to forward the revised impact fees to City Council for approval, and Commissioner locco seconded the motion. Motion to approve passed 5 to 1. Commissioner Viktorin made a request to have an extra agenda item on every agenda for the Planning and Zoning Commissioners to have discussion. IV. NEXT MEETING DATES: June 5, 2000 (Regular Meeting) June 12, 2000 (Joint Public Hearing) V. ADJOURNMENT The meeting adjourned at 8:05 P.M. These minutes res'•ectfully sub -itted by: Jen/ •er Gan les, Planni & Zoning Secretary Minutes approved as submitted and/or corrected on this /7 day of 4. , , 2000. / / • . y Star, *tanning Zoning Chairperson 9