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2001-04-02 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Planning and Zoning Commission MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 2, 2001 AFTER THE JOINT PUBLIC HEARINGS, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order with the following present: Chairman H. Charles Viktorin Vice-Chairman Donald Glenn P&Z Commissioner Emil A. Beltz P&Z Commissioner Todd locco P&Z Commissioner Randy Patro P&Z Commissioner Russ Selemon Manager of Administrative Support Tobin Maples City Engineer John Hargrove P&Z Secretary Jennifer Gonzales P&Z Commissioner Richard Tetens was absent. II. APPROVAL OF MINUTES March 19, 2001 (Regular Meeting) Commissioner locco made a motion to approve the March 19, 2001 minutes, and Commissioner Patro seconded the motion. Motion to approve passed 6 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Zoning Application No. 977 and Specific Use Nos. 91 & 92 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 with a Specific Use for a machine shop and a Specific Use for an RV/Boat storage (C(S)(S)) on the following described property, to wit: 1. Zoning Application No. 977 and Specific Use Nos. 91 & 92 Legal Description: 9.743 acres being a part of Lot 18, Allison Richey Gulf Coast Co. Subdivision, F.B. Drake Survey, H. T. & B. R.R. Co. Survey No. 8, A-504, Brazoria Co., TX, Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 1 Planning and Zoning Commission according to the plat records in Vol. 2, pg 23, plat records of Brazoria Co., TX (2413 Roy Road) Owner: Bobby Earl Hopper 3002 Piper Road Pearland, TX 77584 Commissioner Glenn made a motion to forward Zoning Application No. 977 with Specific Use Nos. 91 & 92 to City Council for approval, and Commissioner Beltz seconded the motion. Commissioner locco asked Manager of Administrative Support Tobin Maples to give a description of the surrounding areas and Mr. Maples stated that to the north is vacant, to the south is Commercial (CPI Company), to the west is single family dwelling, and to the east is vacant. Commissioner Patro asked if the "R-2 PUD" they have been discussing is located to the north of this property, and Mr. Maples replied that it is not. Commissioner Selemon asked if it is normal for a boat storage area to be allowed open, and he stated that it could get "sloppy". Commissioner Patro asked if they can make a recommendation for the openness to be mandated, and Mr. Maples replied that the Commissioner's are allowed to recommend whatever they want. Mr. Maples then stated that the City does have regulations that will prevent it from turning into a "junkyard". Commissioner Patro asked if a fence was is required along the residential side, and Mr. Maples reminded the Commissioners that a lot of the area surrounding the property is vacant, and he also reminded the Commissioners that the City cannot enforce "screening" at this time until the area is zoned. Chairman Viktorin called for a vote. Motion to approve passed 5 to 1. B. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NOS. 316 AND 970. 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-3) on the following described property, to wit: 1. Zoning Application No. 316 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 2 Planning and Zoning Commission Legal Description: Lot 6, Block 1, Buena Vida Subdivision, H. T. & B. R.R. Co. survey, A-240, Brazoria Co., TX (5725 Cantu) Owner: Rafael Salazar and George Salazar 5725 Cantu Pearland, TX 77584 2. Zoning Application No. 970 Legal Description: .285 acres of land in Lot 26, Figland Orchard Subdivision, Section 13, H. T. & B. R.R. Co. Survey, A- 240, Brazoria Co., TX, according to the plat recorded in Vol. 3, pg 77, plat records of Brazoria Co., TX (Fite Road) Owner: Julian Bejarano 5625 Fite Road Pearland, TX 77581 Agent: Yolanda Bejarano Commissioner Patro made a motion to forward Zoning Application Nos. 316 and 970 to City Council for approval, and Commissioner locco seconded the motion. Commissioner locco stated that he has a question on the first application and he asked what the acreage is. He pointed out that the second application shows the acreage. Mr. locco then asked if it would be possible to get the lot size for each application. Manager of Administrative Support Tobin Maples stated that the acreage is normally shown, and apparently it was left off this application. He then apologized for the error. Commissioner locco asked if they could possibly see the dimensions for each property, and Mr. Maples stated that that would not be a problem. Chairman Viktorin called for a vote. Motion to approve passed 6 to 0. Chairman Viktorin stated that with the Commissioner's allowance he would like to move agenda item C and act on it after they get to agenda item G. The Commissioners had no objections. D. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Bellavita at Green Tee Section Two, being a subdivision of 25.4528 acres of land out of the W.D.C. Hall Survey, A-23, City of Pearland, Harris County, Texas. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 3 Planning and Zoning Commission Variance Requests: 1. To allow usage of a 10' building setback adjacent to the side street of the following corner lots: a. Block 1, Lot 3, Lot 16, Lot 35, and lot 40. b. Block 3, Lot 12. c. Block 5, Lot 5 and Lot 6. 2. To allow usage of a 3' building setback for the following lots: a. Block 1: Lots 1, 26, 27, 39, and 40. b. Block 2: Lot 1. c. Block 3: Lot 1. d. Block 4: Lot 1 and Lot 16. e. Block 5: Lot 1 and Lot 10. Commissioner Patro made a motion to deny the Preliminary Plat of Bellavita at Green Tee Section Two. Manager of Administrative Support Tobin Maples stated that staff is recommending that they take no action at this time, and that these variances should go to the Zoning Board of Adjustments. Commissioner Patro stated that he thinks it is absolutely ridiculous to even request the 3' building setbacks. City Engineer Hargrove stated that if the plat is not acted upon within 30 days then it will be approved, so he recommends tabling the plat for now. Commissioner locco stated that he agrees with Randy, and it should be denied so that the developer can not bring this back to the Commissioners. Mr. Maples stated that he spoke to the developer this morning and she stated that they would have the lots reconfigured. Commissioner Selemon withdrew his second to deny the plat. Mr. Maples then stated that by denying the plat they are forcing the developer to go through the whole process of fees and paperwork. Motion to deny was dropped due to lack of second. Commissioner locco made a motion to table as presented, and Vice-Chairman Glenn seconded the motion. Motion to table passed 6 to 0. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 4 Planning and Zoning Commission Commissioner locco stated that he does not agree with the variances, but in fairness to the developer, he agrees that it would be better to table the item. E. CONSIDERATION & POSSIBLE ACTION — Final Plat of Leazer Estates, being a 7.066 acre tract of land out of Lot 41, Sec. 19, H.T.&B. R.R. Co., Abstract No. 243, Deed Records, Brazoria County, Texas. City Engineer Hargrove stated that he recommends approval as presented. Commissioner locco made a motion to approve the Final Plat of Leazer Estates, and Vice-Chairman seconded the motion. Motion to approve passed 6 to 0. F. CONSIDERATION & POSSIBLE ACTION — Amending Plat of Rehoboth Acres. City Engineer Hargrove stated that this has been in process for a while now, and he stated that they have had several problems with this plat. He stated that staff recommends approval as presented. Commissioner locco made a motion to approve the Amending Plat of Rehoboth Acres, and Commissioner Beltz seconded the motion. Commissioner locco asked what the building next to the Creek is, and Mr. Hargrove replied that it is the assisted living center. Motion to approve passed 5 to 0 (1 abstention). G. CONSIDERATION & POSSIBLE ACTION — Potential Park Land Acquisition proposed by Mr. Clinton Wong. Director of Parks and Recreation Ed Hersh stated that it has been over a year since City Council passed the Parkland Dedication Ordinance. He explained that Amvest Properties came forward last fall with a proposal that was unacceptable, and now they have come up with another proposal that he feels is acceptable. He stated that the land consists of 56 acres on Hatfield Rd, which is good access for the West Side of town. He stated that he ran this proposal by the Pearland Economic Development Corporation and found out that the land surrounding this site is reserved for Industrial use, which he feels is a plus. Mr. Hersh added that from an Industrial perspective, having a nice screened park located next to their site is an amenity for them. He stated that this proposal was presented to the Parks Board about a month ago and they voted unanimously for it. He pointed out that Centennial Park is about 45 acres, and the addition of 56 acres is a plus for his inventory. He stated that there is a body of water adjacent to the land that will be great for drainage while they are developing the park. He then added that Mission Statement To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 5 Planning and Zoning Commission they will not develop the park in 90 days, however, they are trying to acquire as much good land as possible while they have the chance. He stated that if Planning and Zoning votes in favor of the land then staff will begin to draw up the negotiations. He then stated they would come up with an agreement to where after 5 years the City has the option to purchase whatever land is left at a reasonable price. He then finished by stating he would be glad to answer any questions they may have. Commissioner locco asked if McHard Road will run to the north side of the property, and Mr. Hersh replied that it would. Vice-Chairman Glenn asked about the method of acquiring the property and if it will be in the contract, and Mr. Hersh replied that it would, and City Council will have final approval of the contract. Commissioner Selemon asked how the fair market value will be determined for the property, and he asked if it will be surveyed. Mr. Hersh replied that he is unsure at this time. Commissioner Selemon stated that he feels like they are relying on his recommendation and if he does not see any guidelines, then he doesn't even know what he is recommending. He stated that he is concerned about seeing the other input for this proposal. Commissioner locco stated that he is concerned about already having Centennial Park and Independence Park, which is fairly close to this park. He then stated that when he thinks of the West Side of town, he thinks of Cullen Blvd. He stated that he would not vote on this proposal because it is too close to the other parks. Mr. Hersh explained that the challenge with this is that most developers are coming with small size lots. He then stated that for example, they will have 200 homes on one plat and rather then giving 2 acres of parkland they are paying the money instead. He stated that they have tried to find parcels where the Commissioner's are calling the "West Side" has been very difficult and expensive. Commissioner locco stated that Mr. Hersh cannot possible say that people from Silverlake will come to this far to play soccer. He then stated that the City will have three very big parks too close together. Mr. Hersh argued that people from Silverlake will drive this far to play soccer, and they are already doing it. He stated that they are driving out twice a week to Independence Park for practice, and additional day for a game. He stated that the demand is there, they have over 400 kids and not enough adequate space. Mission Statement. To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 6 Planning and Zoning Commission Commissioner locco stated that he coaches at YMCA, and people are practicing at Silverlake, then coming out for the games. Commissioner Patro stated that he has three or four questions he would like to ask. Commissioner Patro first of all asked if is Mr. Hersh here on behalf oh the Parks Board or as the Director of Parks and Recreation, and Mr. Hersh replied that he is representing both. Commissioner Patro then asked where the funds will be coming from to develop the park, and Mr. Hersh replied that they would be coming from the Parkland Dedication Fund. Commissioner Patro asked how it is more beneficial to get "funds", and Mr. Hersh replied that one example is that because the City will never get 12 million dollars to repair Independence Park. He stated that Mr. Wong is willing to give up this land that is unlikely that the City could ever purchase. Mr. Hersh stated that he does not want to put any time schedule on this because it is so preliminary. Commissioner Patro asked how much money is in the Parkland Dedication Fund, and Mr. Hersh replied that there is $260,000. Mr. Hersh stated that they would be building a park in Pine Hollow, which will cost about $120,000 — $130,000. He explained that the intent of the fund is to make a major impact. He then stated that $260,000 will not buy a lot of land. Mr. Hersh stated that the money donated from the water bill is strictly for capital and not for any maintenance. Commissioner locco stated that he has another concern about bringing his children to an Industrial area located next to a park. Commissioner Patro stated that the only way he would approve this is if all the questions were answered, and he stated that it is too preliminary. Chairman Viktorin stated that from listening to all the comments he is concluding that the Commissioner's are hesitant in approving this proposal without any details, figures, or additional plans. He pointed out that none of the Commissioner's are realtors, however, he recommends that they approve the plan so long as the final purchase of the remaining acreage is done at a reasonable price. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 7 Planning and Zoning Commission Chairman Viktorin stated that from the zoning aspect the Commissioner's could recommend approval of the location. Commissioner locco disagreed and stated that he has two problems, which is first of all the safety issues, and secondly that it will be located too close to the other two parks. Mr. Maples stated that all Mr. Hersh is looking for at this time from Planning and Zoning is to know if this is a good area. Commissioner locco made a motion to deny the proposed parkland acquisition for two reasons. He stated that first of all the land is not far enough west, and the second reason is the safety of the location. Commissioner Patro seconded the motion. Mr. Hersh stated that he shares Mr. locco's concern as a parent, however, they have had to call the police on more then one occasion at the other two parks as well. Mr. locco argued that he would not want his little girl over in a park next to an Industrial area, where he knows there would be workers watching the children, and he knows what kind of people work in the industrial workplace. Commissioner Patro asked if there are any other proposals, and Mr. Hersh stated that there could be one out on Dixie Farm Road. Commissioner Selemon stated that something out near the west-end of town would be more ideal. Mr. Hersh stated that about a year and a half ago, he and Mr. Mueller when out for a drive to look at the land out at the west-end of town, and they discovered that the land is unaffordable. Commissioner locco asked what would happen if they only get 16 acres, then where would they get the money to purchase the rest. He stated that they would just be right back at square one. Commissioner locco stated that after calculations, he has figured that the developer would have to develop 2,442 homes for us to acquire the 56 acres. Ken Caffey of Amvest Properties explained that this would be a benefit to the City, and if this does not get approve then that could put a month or two delay on the project, and then the proposal may not be around. He explained that there not trying to make money off this and stated that it would be under $15,000. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 8 Planning and Zoning Commission Chairman Viktorin called for a vote. Motion to deny failed 1 to 5. Commissioner Patro made a motion to approve the proposal with the requirement that the proposal comes back to the Commissioner's before it is taken to City Council for final approval, and Commissioner Beltz seconded the motion. Commissioner Selemon asked if they could just approve the location and stay away from the actually acquisition. Vice-Chairman Glenn asked if Mr. Patro is seeking for this proposal to come back for the actual "approval" or just for "info" reasons. Commissioner Patro stated that more or less for the information reasons. Chairman Viktorin reminded the Commissioner's that they are not the governmental body for this proposal. Mr. Maples stated that he recommends that the Commissioner's recommend to have the Parks Board go out and put together some sort of deal, and bring it back for review. Commissioner Selemon stated that he has entered a lot of comments into record so that City Council can see their concerns. Mr. Caffey stated that they would like to just like to get past this hurtle so that they can move forward. Chairman Viktorin called for a vote. Motion to approve passed 5 to 1 (Commissioner Todd locco voted against the proposal). C. CONSIDERATION & POSSIBLE ACTION — Amendments to the Land Use and Urban Development Ordinance. Consider amendments to the following sections of the Land Use and Urban Development Ordinance: Section 2.1.1), Zoning Map Section 2.3., Zoning Changes Chapter 3, Definitions Section 6.4.2.(c), Section 7.4.2.(a), Section 8.4.2.(a), Section 9.4.2., Yard Requirements Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 9 Planning and Zoning Commission Section 11.3.2, Minimum Dwelling Unit Size Section 15.4.2.(a), Outdoor Activities and Uses Section 22.1., Landscape and Building Facade Regulations Section 22.6, Building Facades Section 23.2(f), Use Regulations Section 24.1.(3)(f)2., Section 24.1.(3)(j), Section 24.1.(3)(M), Signs requiring permits Section 24.4.(1), Height Restrictions Section 24.15, Replacement or Repair of Sign Section 24.17(5), Builder/Subdivision and Subdivision Identification Signs Section 24.18(6), Section 24.18(7), Use of Banners Section 24.20, Offense Section 29.2.D, Powers Section 29.3, Hearing Section 29.5, Posting Property for Variance Requests Section 33.4, Public Hearing-City Council Section 33.7, Posting Property for Zoning Changes Table III, Schedule of Uses Table VI, Schedule of Off-Street Parking Standards Exceptions 2 Exceptions 4 Special Provisions Commissioner Patro made a recommendation to table the proposed amendments until they have the opportunity to have a Joint Workshop with City Council, and Commissioner locco seconded the motion. Commissioner Selemon pointed out that staff has been battling this for three- quarters of a year now, and this will just delay the process. However, he does think it would be benefitial to workshop it with City Council. Commissioner Patro reminded staff that it took two years for the amendments to go through back in 1996. Chairman Viktorin stated that he would like to make a comment and stated that they provided their recommendation last summer with input on 4 or 5 items. He then stated that a number of these items may not require Planning and Zoning's involvement. Commissioner Patro made a comment that the "PUD" could be added to the list, and these are things that could be discussed at the workshop. He stated that they could piece this ordinance together or they can make the corrections in a timely manner rather then having this rushed through. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 10 Planning and Zoning Commission Commissioner Selemon disagreed and stated that it needs to be passed for reasons such as the building setbacks, and he doesn't think they should hold it up another year. He stated that something is better then nothing. Commissioner Selemon stated that it will soon be outdated, someone will find a loophole somewhere. He stated that it is a constant "work in progress." Chairman Viktorin stated that Mr. Patro's comments are valid, and he does not have a problem forwarding this to City Council because the "PUD" is not on the list. Commissioner locco stated that his concern was that he didn't understand why "batching" was opened up in "Commercial" zoning. He stated he was concerned other commercial developments (Lowe's and Home Depot) may request "batching" in the future. Mr. Maples stated that minor "batching" within a commercial zoning district would be contingent upon Council approval of a "Specific Use" permit. Vice-Chairman Glenn asked if they approve the amendments tonight, does staff see any further changes based on City Council's comments. Mr. Maples stated some of the Council members have stated that they may want to revisit the development standards for Planned Unit Developments (PUD's). Also, Mr. Maples stated that if the Commission tabled this item it might prohibit Council from acting on it as scheduled. Mr. Maples also explained that the City Council could modify the amendments as long as it was one of the amendments advertised. Specifically, Mr. Maples stated that he would make any modifications City Council approved prior to the second reading of the ordinance. Commissioner locco asked about page 143 as it relates to pipe storage within an "M-1" zoning district. Specifically, Commissioner locco stated that he doesn't understand why pipe storage is acceptable within an "M-1" district and "pipe processing" is not. Mr. Maples clarified the difference between an accessory use and a principle use. Commissioner locco disagreed and stated that they all process pipes. Specifically, Commissioner locco stated that same argument is used about changing the pipe yard storage, the "batching", and the "processing." Commissioner locco stated that if these aren't principle uses, why do they need to be changed. Mr. Maples stated that they are considered principle uses, and therefore, require a "Specific Use" permit. Chairman Viktorin made a request that the Commissioners approve these amendments and let staff move forward because he feels that these Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 11 Planning and Zoning Commission amendments as a whole will benefit the Commission much more then just the one or two items they have discussed. Commissioner Selemon stated that it would be nice if the City Council would extend an invitation to workshop together. He stated that it would give them an idea about who leans which way on items, and he would like to know what the authoritative board wants things to be so that they are not pulled in different directions. He then stated that he would like to at least know more about the workshops. Chairman Viktorin called for a vote. Motion to table passed 3 to 2 (1 abstention). (Commissioners Patro, Commissioner Beltz, and Vice-Chairman Glenn were for the motion to table, Chairman Viktorin and Commissioner Selemon were against the motion to table, and Commissioner locco abstained.) H. DISCUSSION ITEM - Development standards for a Planned Unit Development (PUD). A lengthy discussion ensued among the Commissioners regarding configurations on how to calculate the number of units allowable in an acre for the different classifications. Chairman Viktorin pointed out that under an "R-1 PUD", you can get more lots then you could under a classic R-1. Commissioner locco asked if staff uses the numbers that the developer brings to them, or do they verify the numbers, and Mr. Maples replied that staff asks the developers to come to the City with the numbers, then staff verifies those numbers. Commissioner Selemon stated that the purpose of a "PUD" is that there should be something unique about the property and for it to allow for more green space. Mr. Maples stated that the intention of a "PUD" is for "negotiating". Discussion ensued among the Commissioner's regarding the new "Villages at Mary's Creek" and the difference between "R-1" and the requested "R-1 PUD". It was agreed that the R-1 PUD will be more beneficial to the City. Mr. Maples suggested to the Commissioners about having a separate chapter on "PUD's" so that the developer can come in and set his own standards, and do away with the "PUD's" under "R-1" through "R-4". Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 12 Planning and Zoning Commission Commissioner Selemon stated that he would like to discourage builders from squeezing the smallest size lots on the undesirable side of the subdivision. He stated that a "PUD" should have a "uniqueness". Mr. Selemon then referred to areas that have a good reason for being called a "PUD", .and used the townhomes on Old Chocolate Bayou that were presented to them as an example. Chairman Viktorin stated that he would like to conclude with the comment that every Commissioner has agreed that they would like to have a workshop with City Council. IV. NEXT MEETING DATE: April 16, 2001 (JPH & Regular Meeting) May 7, 2001 (JPH & Regular Meeting) V. ADJOURNMENT The meeting adjourned at 9:35 p.m. These minutes re •-ctfully submitted by: Ik.l a !e,_ AaIAIJLI -" i'-r :,r . -s, Plan' g & Zoning Secretary �,,� a flutes approved as submitted and/or corrected on this 7 day of41'�j, 2001. il(-- - 1, Charles Viktorin, Planning & Zoning Chairman Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. 13