2001-10-01 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 HELD ON MONDAY, OCTOBER 1,
2001, IN THE SECOND FLOOR CONFERENCE ROOM OF THE CITY HALL, 3519
LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
The meeting was called to order with the following present:
P&Z Chairman H. Charles Viktorin
P&Z Vice-Chairman Donald Glenn
P&Z Commissioner Todd locco
P&Z Commissioner Kevin McDonald
P&Z Commissioner Don Sederdahl
Plat and Plans Administrator Richard Keller
P&Z Secretary Jennifer Gonzales
P&Z Commissioner Russ Selemon and Commissioner Robert Scherrer were
absent.
II. APPROVAL OF MINUTES: August 20, 2001
September 10, 2001
September 17, 2001
AUGUST 20, 2001 MINUTES
Commissioner locco made a motion to approve the August 20, 2001 minutes as
presented with a second by Chairman Viktorin.
Motion to approve passed 4 to 0.
SEPTEMBER 10, 2001 MINUTES
Commissioner locco made a motion to approve the September 10, 2001 minutes
as presented with a second by Commissioner McDonald.
Motion to approve passed 4 to 0.
SEPTEMBER 17, 2001 MINUTES
Commissioner locco made a motion to approve the September 17, 2001 minutes
as presented with a second made by Commissioner McDonald.
Commissioner locco asked if Commissioner Patro was legally authorized tp act
as a Planning and Zoning Commissioner, and City Attorney Darrin Coker replied
that legally he was allowed to act as a Commissioner.
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
Commissioner locco asked if there is any kind of rule regarding an absence of
three consecutive meetings and City Attorney Darrin Coker replied that there is
no written rule.
Vice-Chairman Glenn entered the meeting at 6:35 p.m.
Motion to approve passed 5 to 0.
Chairman Viktorin formally welcomed the two new Planning and Zoning
Commissioners, Kevin A. McDonald and Don W. Sederdahl.
Chairman Viktorin then stated that he is going to allow a briefing, which would be
made by the City Attorney Darrin Coker, as a non-agenda item.
City Attorney Darrin Coker stated that he would like to briefly go over platting and
some of their requirements. He referred to chapter 2:11 , which governs platting,
and chapter 2:12, which governs zoning. Mr. Coker pointed out that during the
introduction to the planning laws, which will be discussed at the APA Conference,
one issue that will be discussed is the approval law for platting. He stated that
the plats go to Planning and Zoning for a final decision and once a plat complies
with all of the City's regulations, then it must be approved.
City Attorney Coker stated that the Subdivision Ordinance does not require a
Traffic Impact Analysis therefore a plat cannot be turned down for this reason.
He then stated that he is here to address this situation because a plat was
denied due to a Traffic Impact Analysis and the plat should not have been denied
for this reason.
Commissioner locco stated that he is one of the Commissioners who voted
against the plat, and he referred to page 9 of the Land Use and Urban
Development Ordinance, which stated that they should look out for the safety
and welfare of the public.
City Attorney Darrin Coker pointed out that when the Commissioners are dealing
with platting, they are dealing with the "infrastructure" part of the land, which is
guided by the Subdivision Ordinance, and not the Land Use Ordinance.
Mr. Coker stated that he is not there to chastise the Commissioners, and that he
is only there being informative.
Commissioner locco showed concern due to a previous denial of a preliminary
plat located near County Road 59 because of the size of the road and the safety
of the public, and Chairman Viktorin corrected him and pointed out that that was
a zoning application that was denied.
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
Commissioner McDonald asked if a plat is approved without a Traffic Impact
Analysis, would the development be able to get through any other stages after
platting, and City Attorney Darrin Coker replied that that is where the City staff
will play its role, and referred to building permits or site work permits that would
also be applied for after platting.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Amending Plat of Parks at
Walnut Bend Section One, Being a subdivision containing 85.7470
acres located in the HT&B R.R. Survey, A-239, City of Pearland,
Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends
approval as presented.
Commissioner locco stated that he has concerns about how high they have built
the houses up and asked if there would be any kind of provision for the other
houses not to flood, and Plat and Plans Administrator Richard Keller replied that
he was not here at the time this plat was approved, however, he is under the
impression the Walnut Street would act as a dam.
Commissioner locco made a motion to approve the Amending Plat of Parks at
Walnut Bend with a second made by Vice-Chairman Glenn.
Motion to approve passed 5 to 0.
B. CONSIDERATION & POSSIBLE ACTION — Final Plat of Cabot Cove
Section One, A subdivision of 36.0068 acres located in the HT&B R.R.
Co. Survey, Abstract 508, City of Pearland, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller recommends approval of the Final
Plat of Cabot Cove Section One since the corrections have been made and the
required payment for road improvements has been paid.
Commissioner locco made a motion to approve with Final Plat of Cabot Cove
Section One with a second made by Vice-Chairman Glenn.
Commissioner locco made an apology to the developer, Vic Botrie, for what
happened at the last meeting.
Motion to approve passed 5 to 0.
C. CONSIDERATION & POSSIBLE ACTION — Final Plat of Old Chocolate
Bayou Subdivision, a subdivision of 8.236 acres.
Mission Statement: To make irdomaed recommendations regarding zoning change requests,capital improvements,and other
tasks as mandated by the City Charter.
3
Planning and Zoning Commission
Plat and Plans Administrator Richard Keller stated that staff recommends
approval with the following corrections:
1 . A 25' building line along Old Chocolate Bayou Rd.
2. There has been a miscommunication with the surveyor regarding
some dimensions that we requested to be removed. He stated that
the dimensions were actually for some easements and need to be
put back on the plat.
Chairman Viktorin briefly explained to the Commissioners about approving plats
in the past contingent upon corrections being made.
Commissioner Sederdahl asked how the Commissioners would know if the
corrections have been made, and Commissioner locco replied that they rely on
staff to monitor the corrections.
Plat and Plans Administrator Richard Keller stated that by not reading the
corrections into the record they couldn't legally get the engineer to make the
corrections.
Commissioner Sederdahl asked if drainage issues would be brought to the
Commission and the Plat and Plans Administrator Richard Keller replied that they
do not receive the actual drainage plans, however staff would let them know if
there is a problem.
Commissioner locco asked why the zoning was not on the plat as a note, and
Plat and Plans Administrator Richard Keller replied that staff started asking for
zoning on plats after the original final plat was approved.
Discussion ensued regarding the Silverlake incident with the 10' sideyard
setbacks between houses and that is the reason the Commissioners ask for the
zoning on the plats now.
Vice-Chairman Glenn made a motion to approve the Final Plat of Old Chocolate
Bayou Subdivision with a second made by Commissioner locco.
Motion to approve passed 5 to 0.
D. DISCUSSION ITEM— PUD standards_
Chairman Viktorin explained that this has been brought back to the Commission
for discussion and it is a subject that has come up several times over the last 4 to
5 months.
Commissioner locco briefly explained his reasoning for bringing this subject back
up. He stated that they are not trying to hurt the developers. He stated that the
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
a �
PUD standards are currently a tool that is being abused. He pointed out that the
developers are coming in and getting "R-1" property zoning and building "R-3"
size lots. He stated that the current standards are misleading to the people of
Pearland.
Vice-Chairman Glenn pointed out that the overall density requirements are being
met.
Commissioner locco referred to the first paragraph of the packet that the
Executive Director of Community Development Tobin Maples handed to them for
review. He stated that a "PUD" should be a "PUD" classification of it's own, and
it should be removed from the "R-1" — "R-4" zoning classifications. He stated that
a "PUD" should be a unique situation.
Chairman Viktoria pointed out the Pro's and Con's on page 156.
Commissioner locco stated that he personally liked Sugarland's codes, and the
first and second paragraph sums up his feelings.
Discussion ensued regarding the John Taylor tract and how most of the housing
is "R-2" and "R-3", but they zoned it "R-1(PUD)" and Chairman Viktorin pointed
out that he recalls the overall density being met and Commissioner locco pointed
out the enormous walking trails.
Commissioner Sederdahl verified that the ultimate goal is to create a tool that is
not abused.
Vice-Chairman Glenn stated that he would like to see a minimum percentage for
the requested zoning developed, and explained that if they ask for a "R-1(PUD)"
then there should be a set percentage of "R-1" housing, and it should be that
way for every classification. Commissioner McDonald agreed.
Chairman Viktorin showed confusion as to how you could record this
documentation to where any developer is going to follow it, and Commissioner
locco suggested eliminating the lot size issue.
Discussion ensued between staff and the Commission regarding whether or not
a flood plain should be counted in the density calculations and City Engineer
Hargrove stated that he thought it should be counted as an amenity.
Commissioner locco asked what the consensus is of this whole discussion and
asked if staff had could suggest any changes, and City Engineer commented that
he does not because he is not a planner. Vice-Chairman Glenn again pointed
out that for each category he would like to see a minimum number of lots Fleet
the true zoning classification.
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
Commissioner Iocco- pointed out that there is a consensus of doing something
different, however, he would like for Tobin Maples to be there to discuss the
changes.
Chairman Viktorin suggested calling the new classification "R-1 density PUD"
and City Engineer Hargrove reminded the Commissioners that the key is do they
want to put a minimum lot size on a PUD.
Chairman Viktorin stated that as they stand they couldn't make any
recommendations at this time; however, he would like to see this on a future
agenda for further discussion.
E. DISCUSSION ITEM — Pick a date for the HGAC sponsored Planning and
Zoning Commission training.
Discussion ensued amongst the Commissioner's regarding a date and they
agreed on trying to have the HGAC Sponsored training workshop on October 29,
2001 since there is no regularly scheduled meeting.
IV. NEXT MEETING DATE: October 8, 2001 (JPH & Regular meeting)
October 15, 2001 (Regular meeting)
V. ADJOURNMENT
The meeting adjourned at 8:15 p.m.
These minutes respectfully submitted by:
Jennifer Gonzales, Planning & Zoning Secretary
Minutes approved as submitted and/or corrected on this /S day of T, 2001.
„dal
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.
6