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2000-09-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION HELD ON MONDAY, SEPTEMBER 18, 2000 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 6:31 P.M. with the following present: Chairperson Mary Starr Commissioner Emil A. Beltz Commissioner Donald Glenn Commissioner Todd Iocco Commissioner Russ Selemon Commissioner Richard F. Teten's Commissioner Charles Viktorin Director of Community Development & Services Gene Tumlinson City Engineer John Hargrove P & Z Secretary Jennifer Gonzales II. APPROVAL OF MINUTES: Commissioner Viktorin made a motion to approve the August 21, 2000 regular meeting minutes and Commissioner locco seconded the motion. Motion to approve passed 5 to 0 (1 abstention). III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 941 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. 941 Legal Description: 8.8585 acres, H. T. & B. R.R. Co. survey, Section 19, A-243, Brazoria Co., TX and being out of and a part of Lot 9 of the Allison Richey Gulf Coast Home Co. Subdivision, according to the plat recorded in Vol. 2, pg 23 & 24, plat records of Brazoria Co., TX (Cullen Boulevard @ Hughes Ranch Road) Owner: Paradise Cemetery South 10401 West Montgomery Houston, TX 1 Commissioner Viktorin made a motion to forward Zoning Application No. 941 to City Council for approval, and Commissioner locco seconded the motion. Commissioner locco stated that the application states 8.5 acres, but the map actually shows less then that. Director of Community Development and Services Tumlinson stated that he will assume it should be 8 acres and he agreed that the scaling on the map is not proportioned right, and he stated that they should go with what is written. Commissioner Selemon stated that he has a question regarding this and several others that will come up on Cullen Blvd, and asked about the "Steering Committee." He then stated that they may just need to table all of these Cullen requests until they can decide what the area wants to be when it "grows up." He stated that its obvious that they wish they could turn back the clock and relook at the Land Use Plan, and he thinks that's what they should do. If they keep zoning property along Cullen Blvd, then what would be the point of the steering committee. He then stated that he is going to have a hard time voting "yes" on any of these on Cullen. Commissioner Iocco stated his concern for the voices at the Joint Public Hearing who were concerned about the size and what can be built on the acreage, and stated that if they are actually using 8 acres, then they can put a good size business on it. City Engineer Hargrove stated that the drawing shows only a few acres. Commissioner locco withdrew his second due to the fact that the map is incorrect and does not show the 8.8 acres, and he agrees with Russ and feels that they need to think about Cullen and what exactly they are zoning on Cullen. Commissioner Selemon stated that if they don't zone anything on Cullen then it might speed the process up. Commissioner Glenn asked if staff is going to continue to accept the zoning applications even though there will be a Steering Committee looking over the Cullen area, and Mr. Tumlinson replied that they would continue to accept the applications. Commissioner Viktorin stated that he feels that this business has been there and he does not think its right for these developments to come in and be prohibited from expanding. Commissioner Teten's argued that the voters are the ones who voted in the zoning, and the Comprehensive Plan is a "law". Commissioner Selemon stated that if they do not like it then they need to make changes. Chairperson Starr stated that this is what the Comprehensive Plan calls for. 2 Commissioner Glenn stated that he will second the motion for approval. Commissioner locco asked Mr. Tumlinson if they can have a full-blown funeral home in "General Business" zoning, and Mr. Tumlinson replied that they could. Mr. Tumlinson then stated that the entire property is intended for a cemetery, however this corner is going to be used as a business park. Commissioner Teten's stated that it is important that the plats have a correct scale, and explained that businesses on Cullen are inevitable, but for businesses to go way back on the property is not good. Mr. Tumlinson stated that the scale is 1-300, and Mr. Hargrove stated that the map only shows 2-3 acres. Chairperson Starr stated that the agenda calls for 8.85 acres, and she called for a vote. Motion to approve passed 4 to 3. B. CONSIDERATION & POSSIBLE ACTION — Specific Use Application No. 90 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification General Business- Specific Use (GB-S) for a home to General Business District-Specific Use- Specifc Use (GB-S-S) for a Specific Use Permit for a telecommunications tower on the following described property, to wit: 1. Specific Use Application No. 90 Legal Description: The South 1/2 of Lot 29, Allison Richey Gulf Coast Home Co. Subdivision, Section 9, H. T. & B. R.R. Co. survey, A-234, Brazoria Co., TX (2521 Max Road) Owner: Loye & Mary Young P.O. Box 2176 Pearland, TX 77588 Agent: Mark Suber Chairperson Starr asked if there has been any more information submitted on the height, and Commissioner Selemon stated that it's going to be 99-feet. Commissioner locco made a motion to forward Specific Use Application No. 90 to City Council for approval, and Commissioner Teten's seconded the motion. Commissioner Selemon stated that uniformed towers are going to be a part of our environment. 3 Commissioner Teten's added that they will be actively recruiting others to use this tower as well. Motion to approve passed 7 to 0. C. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 939 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. 939 Legal Description: .7868 acres of land out of and part of the Commercial Reserve in Block 12, West Lea Subdivision, Section 2, according to Vol. 11, pg 69 and Vol. 12, pg 23, both of plat records of Brazoria Co., TX (Manvel Road) Owner: Glen R. Jones P.O. Box 636 Pearland, TX 77588 Commissioner locco made a motion to forward Zoning Application No. 939 to City Council for approval, and Commissioner Selemon seconded the motion. Motion to approve passed 7 to 0. D. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 945 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. 945 Legal Description: Tract I: A 4.9990 acre parcel, the North 1/2 of Lot 2; Tract II; A 5.1091 acre tract, the South 1/2 of lot 2, Allison Richey Gulf Coast Home Co. Subdivision, H.T.& B. R. R. Co. survey, A-243, Vol. 2, pg 23 & 24, plat records of Brazoria Co., TX (431 Cullen Boulevard) Owner: Paul Brent Durrett 6120 Brookside Rd Pearland, TX 77581 4 Commissioner Beltz made a motion to forward Zoning Application No. 945 to City Council for denial until the Comprehensive Plan study is completed, and Commissioner locco seconded the motion. Motion to deny passed 7 to 0. E. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 946 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. 946 Legal Description: Being 8.842 acres in the H.T. & B. R.R. Co. survey, A-243, Section 19, Allison Richey Gulf Coast Home Co. Subdivision, Vol. 2, pg 23, Brazoria County., TX (1115 Cullen Boulevard) Owner: Paul Brent Durrett 6120 Brookside Dr Pearland, TX 77581 Commissioner Teten's made a motion to table Zoning Application No. 946 and Commissioner Viktorin seconded the motion. Motion to table passed 7 to 0. F. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 943 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. 943 Legal Description: 4.979 acres, Blocks 76 & 77, Figland Orchard Subdivision No. 1, out of Sect. 13, H.T.& B. R.R. Co. survey, A-240, Brazoria Co., TX, according to map or plat Figland Orchard Subdivision of record in Vol. 3, pg 77, plat records of Brazoria Co., TX (2942 Wagontrail Rd) Owner: Maria De Viveiros & Evangelos Golfis 2431 Laura Ln Pearland, TX 77581 5 Chairperson Starr pointed out the letter that was submitted with the packet regarding Zone Change Application No. 943, and stated that a copy will be in the file. Commissioner Teten's made a motion to forward Zoning Application No. 943 to City Council for denial, and Commissioner locco seconded the motion. Commissioner Teten's stated that his reason is that the area already has residential zoning and pointed out that there are two R-1's adjoining the property. Commissioner locco stated that the Comprehensive Plan cuts off at the road, and he drove out there and there is some Commercial. Commissioner Selemon stated that on the southwest corner there is a home being built. Motion to deny passed 7 to 0. G. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 944 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. 944 Legal Description: South 1/2 of the North 1/2 of Lot 2, Allison Richey Gulf Coast Home Co. Subdivision, Sect 20, H.T.& B. R.R. Co. survey, A-506, pg 2 of the plat records of Brazoria Co., TX; also known as Tract 2B (Soho Drive) Owner: David P. and Kimberly A. Northup 3030 FM 518 #481 Pearland, TX 77581 Commissioner locco made a motion to forward Zoning Application No. 944 to City Council for approval and Commissioner Teten's seconded the motion. Commissioner locco asked where Soho Drive is. Commissioner Selemon stated that there is no right-of-way through the property, and Chairperson Starr added that there is not one through the property but there is one to the property. Motion to approve passed 7 to 0. H. CONSIDERATION & POSSIBLE ACTION — Request by owners, West Development Company, Inc. for approval of a City Park Dedication Plan. 6 Chairperson Starr stated that this is from her understanding and agreement for land to be dedicated to the Parks Department. Commissioner Teten's stated that this is not in any of her current developments and it is actually 22.6 acres next to Centennial Park, and existing park. Dwayne Lum, Chairperson of the Parks and Recreation Board asked if they received the minutes from the meeting they had on this topic, and Chairperson Starr stated they did not receive any minutes. Mr. Lum stated that he is there with Paul Habernass and Jack Click, who are also board members and they can answer any questions or express their view on this. Chairperson Starr asked for staff input. City Attorney Darrin Coker stated that this has been discussed among staff how to approach this situation. He explained that Renee West could have given money in leu of the land and then there was an alternative to give a large tract of land that would be usable by more people such as Centennial Park. He explained that this proposition does exceed the acreage of having parks in all the developments. He stated that this is a variance for the parkland ordinance, and if you would like to pass this variance he advises that it be passed contingent upon the following three items: 1. There needs to be an environmental assessment performed on the property. 2. A wetland study is done to make sure that there are no wetlands on the property that would render the property unusable by the City. 3. If in the event that either the environmental assessment study or the wetland study turn out to be negative, they will require her to go back to the parkland ordinance and comply with the required money or land for each development individually. Mr. Coker then explained that the Towne Lake Estates plat is on the agenda tonight, and if they chose to approve the plat without the environmental study, he suggests they withhold acceptance of subdivision or the issuance of any building permits until this is done. Commissioner Selemon asked if the 14.7 acres will be a "bank average" for the future, and Mr. Coker explained that the developments are requiring 14.7 acres and she is donating well over the amount. Commissioner Selemon stated that he would like to hear the input of the Parks board. Parks and Recreation Board Chairman Dwayne Lum stated that they were very intrigued and thought it was a unique proposition to meet there requirements, however they have 2 main concerns and listed them as: 7 1. First and primary, do we want every developer to come in and offer land somewhere else in leu of meeting the parkland dedication ordinance? He stated that they are worried about setting a precedent. 2. Secondly, they need to remember that the Park Dedication is written to where they have the choice or City Council has the choice, to take land or money. The developer makes a recommendation and its up to you to accept or reject the recommendation. Mr. Lum added that if they were to accept money per dwelling instead of accepting this land they could actually purchase a lot more acres of land. He then stated that even as intrigued with the land and how it is adjacent to an existing park they were, the Parks Board did vote against this. Commissioner Teten's reminded the Commissioners that Renee West also develops parks in her subdivisions as well, so not only are we gaining 20 acres but she also puts parks in her subdivisions that the Parks and Recreation do not have to main. Chairperson Starr called for a motion. Commissioner Glenn made a motion for the City Park Dedication Plan requested by West Development to be approved contingent on a positive environmental and wetland study, and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Towne Lake Estates Section One, being 42.5526 acres of land in the L.W. Murdock Subdivision recorded in Volume 29, page 174 of the Brazoria Deed Records, and out of the A.C.H. & B. Survey, A-507 and the H. Stevens Survey, A-594, Brazoria County, Texas. Variance Request: 1. To allow additional lengths up to 600' long for cul-de-sac for the private streets in lieu of the 300-foot maximum length requirement for private streets. Commissioner Selemon asked if the 600' is acceptable. Commissioner Teten's stated that they shouldn't be acting on a variance as a blanket variance. City Engineer Hargrove stated that this has been in the "works" out of the Subdivision Ordinance which has been drafted for five or six years and it's never been a "priority." If the streets are listed individually by the name and there's an individual variance requested for each street then that would be a blanket variance. Commissioner Teten's argued that in a variance you would be extenuating the circumstances just because the developer wants to. 8 Mr. Hargrove stated that City Council gave us written minutes where we were aloud to extend the lengths of cul-de-sacs beyond 600-feet if you change the street widths to 36-feet, however, he is not sure if that can be interpreted or applied to in this situation. Mr. Teten's stated that this variance could be applied to all the cul-de-sacs in the subdivision if they want. Chairperson Starr asked for City Attorney Darrin Coker's advice, and Mr. Coker stated that it is a variance request and it is up to the Planning and Zoning Commission to decide if it is a hardship on the developer. Commissioner Beltz stated that it is a hardship the way the property is shaped. City Engineer Hargrove stated that he has several comments, which can be corrected after approval and listed them as: 1. The requirement for the6sidewalk needs to be added to the general notes. 2. Commissioner Teten's name needs to be added to plat. 3. 10' water and sewer easement needs to be added on Oiler Drive. 4. Street maintenance plan required for private-street with requested escrow funds. 5. Dedicatory statement does not address the private street and this must be redone. 6. Construction drawings need to be approved. 7. Note be added that granting use and access for construction maintenance operation of all utilities of city governmental services on private streets. Mr. Hargrove stated that he would like to suggest that he give the comments that are marked up on the plat to the engineer for corrections, and he will withhold his signature and the City Attorney's signature until changes are made. Commissioner Viktorin asked Mr. Hargrove if he recommends approval, and Mr. Hargrove replied that he does based on the comments he listed. Chairperson Starr asked when the preliminary plat was approved, and John English of Rekha Engineering replied that it was about a month and a half ago. Commissioner Teten's stated that in the ordinance it states 300', and they are asking for a 600' variance. He then stated that a variance would be for one case and for a hardship, and he stated that in this case they would be circumventing the city ordinance. He then stated that even though the 600' may be logical, however they would be breaking the law. City Attorney Darrin Coker stated that when someone does ask for a blanket variance they are going against the policy. (1) Chairperson Starr asked why there are any private streets, and Renee West replied that originally the streets were public, but they changed it so that the high school kids can't take it through and it's a gated community. She stated that they would like to keep the traffic out. Chairperson Starr asked if it's gated, does it have to have private streets, and Mrs. West replied that it does. City Attorney Darrin Coker stated that on page 16.6 of the Subdivision Ordinance there is a list of the variance request procedures and he read the list. Commissioner Selemon stated that some people in the Commission feel that the Ordinance is outdated and asked how long it would take to get it updated, and Mr. Coker replied that they would have to direct that question to City Council. Chairperson Starr reminded the Commission that the preliminary plat was approved with the variance. City Attorney Darrin Coker reminded the Commissioners that this is the final plat. Commissioner locco made a motion to deny the Final Plat of Towne Lake Estates, and Commissioner Teten's seconded the motion. Motion to deny passed 4 to 3. I. CONSIDERATION & POSSIBLE ACTION — Final Plat of The Lakes at Countryplace Section 5, Brazoria County, Texas, being 13.447 acres of land located in the F.B. Drake Survey, Abstract No. 503 (N. 1/2 Sec. 2) Variance Request: 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. Commissioner Teten's stated that these are also blanket variances for the whole subdivision. Commissioner Beltz stated that supposedly these variances have been approved since the beginning of time, and Commissioner locco stated that it is outside of the city limits. Commissioner Teten's argued that they are still supposed to follow the Subdivision Ordinance. Chairperson Starr stated that this is a part of the "ETJ group" which had a master plan was approved and this is a part of that. City Engineer Hargrove stated that he had few comments and listed them as: 10 1. The cable approval letter is needed. 2. They need to turn in a 3.5 disk of this subdivision. 3. They need to add "utilities" to note 1. Commissioner Viktorin made a motion to approve the Final Plat of The Lakes at Countryplace Section 5 with the variances and the City Engineer's comments, and Commissioner Beltz seconded the motion. Motion to approve passed 4 to 3. J. CONSIDERATION & POSSIBLE ACTION — Final Plat of The Lakes at Countryplace Section Seven, Brazoria County, Texas, being 15.646 acres of land located in the F. B. Drake Survey, Abstract No. 510 (S. 1/2 Sec. 2), F.B. Drake Survey, Abstract No. 503 (N. 1/2 Sec. 2), and in the J. Crawley Survey, Abstract No. 174. Variance Request: 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'). Commissioner Teten's stated that he has the same comments as before regarding the variances. City Engineer Hargrove stated that he has two comments and listed them as: 1. They need to turn in a 3.5 disk of the subdivision. 2. The date on the plat needs to be updated. Commissioner Beltz made a motion to approve the Final Plat of The Lakes at Countryplace Section Seven with the variances and the comments by the City Engineer, and Commissioner Glenn seconded the motion. Commissioner Selemon stated that he has a comment on the 15' building line and stated that it seems awful close to the street. Director of Community Development and Services Tumlinson stated that the garage doors are at a 90-degree angle. Motion to approve passed 4 to 3. K. CONSIDERATION & POSSIBLE ACTION — Final Plat of River Mist Section Two, a subdivision of 29.1009 acres of land, A.C.H.&B. Survey,A-507, City of Pearland, Brazoria County, Texas. City Engineer Hargrove stated that he has comments and listed them as: 11 1. There needs to be a seal and signature of the surveyor. 2. They need to turn in a tree survey/tree disposition plan. 3. Mr. Hargrove commented that the 20' building line was denied by the Zoning Board of Adjustments, and the line has been moved back to 25'. 4. They need to add a note regarding the 6' sidewalk requirement on John Lizer and Pearland Parkway. Commissioner Glenn made a motion to approve the Final Plat of River Mist Section Two with the City Engineer's comments and Commissioner Selemon seconded the motion. Motion to approve passed 7 to 0. L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Pearland Professional Plaza, a subdivision of 1.9347 acres out of Tract 40, Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision, in the H.T.&B. R.R. Co. Survey, Section 85, Abstract No. 304, Pearland, Brazoria County, Texas. City Engineer Hargrove stated that note 13 needs to be added regarding the 6' sidewalk requirement on the Broadway Street frontage. Commissioner locco made a motion to approve the Final Plat of Pearland Professional Plaza with the comment by the City Engineer, and Commissioner Viktorin seconded the motion. Motion to approve passed 7 to 0. M. CONSIDERATION & POSSIBLE ACTION — Final Plat of K & G Retail Center Phase 2, being 1.098 acres of land out of lot 23 of the Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section 8, H.T&B. R.R. co. Survey, Abstract 504, Brazoria County, Texas according to the map or plat thereof recorded in volume 2, page 23 of the plat records of Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval with the following comments: 1. The word "6- needs to be inserted in note 6. 2. They need to turn in a 3.5 disk. Director of Community Development and Services Tumlinson stated that this is the 2nd phase to the existing shopping center. Motion to approve passed 7 to 0. 12 N. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Park Village Estates Section Two, a subdivision plat of 9.5803 acres of land out of H.T.&B. R.R. Co. Survey, A-509, City of Pearland, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval as presented with the note that the development has had a variance approved by the Zoning Board of Adjustments for the 10' side lot line. Commissioner Glenn made a motion to approve the Preliminary Plat of Park Village Estates Section Two, and Commissioner Teten's seconded the motion. Motion to approve passed 7 to 0. O. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Silverlake Commercial Park Phase 9, A subdivision of 3.1499 acres of land out of the A.C.H& B. R.R. Co. Survey, Section No. 87, Abstract No. 415, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval as presented and the final plat needs to include Commissioner Teten's name. Commissioner Viktorin made a motion to approve the Preliminary Plat of Silverlake Commercial Park Phase 9, and Commissioner Selemon seconded the motion. Motion to approve passed 7 to 0. P. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Audubon Place Section Two, 19.830 acres, being a replat of reserve "F" of the replat of the Final Plat Audubon Place Section One, (Vol. 20, Pg. 195-195 B.C.P.R.) being all of the West One-Half of the West One-Half of the Northeast One-Quarter Section 14, H.T&B. R.R. Co. Survey, A-509, Brazoria County, Texas. City Engineer Hargrove stated that staff recommends approval with the following comments: 1 . Lot 1 and lot 21 of block 1 need to have a 20' building line on the north side of the property. 2. Note 14 needs to be added regarding the utility and access easements. Commissioner Teten's made a motion to approve the Preliminary Plat of Audubon Place Section Two with the City Engineer's comments, and Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. 13 U. CONSIDERATION & POSSIBLE ACTION — Amending 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 the owner needs to sign the plat. Commissioner locco made a motion to approve the Amending Plat of Villa Verde Section One, and Commissioner Selemon seconded the motion. Motion to approve passed 7 to 0. Q. CONSIDERATION & POSSIBLE ACTION — Request for information and direction regarding a subdivision plat that has partial acreage (100 ft. strip). City Engineer Hargrove stated that every situation like this has a unique characteristic, and there is no government agency stating that only one set of Commissioners is to approve a plat that is located in more than one city. He stated that he doesn't like the fact it has to come to us but he feels that is the only way to cover all situations. He stated that an example is that there needs to be a utility agreement between the cities on the plat. Mr. Hargrove stated that he believes it should go through both entities just as it has been done in the past. Commissioner locco made a motion that both entities should approve this plat, and Commissioner Teten's seconded the motion. Motion passed 7 to 0. S. CONSIDERATION & POSSIBLE ACTION — Request of owners, R. West Development Company, for a variance from the Subdivsion Code Requirements for the extension of Pearland Parkway adjacent to Towne Lake Estates. City Engineer Hargrove stated that the developer has requested to be withdrawn from the agenda. Commissioner locco made a motion to table agenda item S, Commissioner Beltz seconded the motion. Motion to approve passed 7 to 0. T. CONSIDERATION & POSSIBLE ACTION — Request of owners, 518 Investments Joint Venture, for a variance from the sidewalk requirement for the Broadway West Storage facility at 10401 Broadway. City Engineer Hargrove stated that the sidewalk requirement is a subdivision requirement and he recommends that Planning and Zoning approve the variance 14 with a requirement that the developer is to pay $4 a square foot and it will be put into a "sidewalk fund". Commissioner Beltz asked where this is at, and Director of Community Development and Services Tumlinson replied that it's at the corner of Wooten and FM 518. Commissioner Viktorin stated that he sees people walking down the shoulder of the road and he feels that is extremely dangerous. Commissioner Teten's asked if there's any way at all they can put in a sidewalk, and Mr. Hargrove stated that his recommendation is to put the money in a fund so for sidewalks that can be built. Commissioner locco made a motion to approve the variance from the sidewalk requirement for FM 518 Investments and to accept $4 a square foot, and Commissioner Viktorin seconded the motion. Motion to approve passed 7 to 0. Chairperson Starr stated that she would like to begin updating the Subdivision Ordinance and she would like to begin with a special meeting after their next meeting. IV. NEXT MEETING DATES: September 25, 2000 (Joint Public Hearing) October 2, 2000 (Regular Meeting) V. ADJOURNMENT The meeting adjourned at 8:25 P.M. The - minutes resp . fully submitted by: eri -r onto , manning & Zoning Secretary Minutes approved as submitted and/or corrected on this f(, day of ;L,r , 2000. ,71 M)a Starr, lannin & onin Chair erson 9 9 P 15