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2002-04-15 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 APRIL 15, 2002 IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER The meeting was called to order at 6:35 p.m. with the following present: Chairman H. Charles Viktorin Vice-Chairman Donald Glenn Commissioner Todd Iocco Commissioner Robert Scherrer Commissioner Don Sederdahl Commissioner Russ Selemon Plat and Plans Administrator Richard Keller P&Z Secretary Jennifer Gonzales Commissioner Kevin McDonald was absent. II. APPROVAL OF MINUTES: March 18, 2002 April 1, 2002 March 18, 2002 P&Z Secretary Jennifer Gonzales pointed out to the Commissioners that she changed all the word "Mr" that was before the Commissioner's name to "Commissioner" to prevent any confusion. Commissioner Iocco made a motion to approve the March 18, 2002 minutes as corrected with a second made by Commissioner Selemon. Motion to approve passed 5 to 0 (1 abstention by Chairman Viktorin) April 1, 2002 P&Z Secretary Jennifer Gonzales pointed out that she added a paragraph to Item A, which is located at the top of page 2. She stated the paragraph was added to document the fact that Commissioner Iocco had made the comment more then once. Commissioner Iocco made a motion to approve the April 1, 2002 minutes as corrected with a second made by Vice-Chairman Glenn. Motion to approve passed 6 to 0 aft- DI. NEW BUSINESS 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 A. CONSIDERATION & POSSIBLE ACTION — Recommendation for request of staff to consider amendments to Chapter 27, Exhibit A Section 1.6, Subdivisions, of the Pearland Code of Ordinances. Plat and Plans Administrator Richard Keller stated that he has met with Chief Engineering Inspector Charlie Stubbs on this matter. He stated that Charlie pointed out that asphalt streets have not been built for some time now. He stated that he could speak on the subject of open ditches. He explained how they can catch trash and get stopped up and there is no one to maintain them. Deputy City Manager Alan Mueller indicated that these amendments are all changes that came from previous City Council workshops. He stated he is not there to advocate one way or another he is there to answer any questions. He stated open ditches are allowed, but only by a variance. He added that the Commission would be the board to review the variances on a case-by-case basis. Chairman Viktorin read and verified Section A.1.6 Deputy City Manager Alan Mueller stated that he was unfamiliar with the new section added regarding the "large lots". He then asked if this was additional language requested by the Commission at the last meeting. Commissioner Scherrer stated they discussed large lots but never specified acreage or size. Deputy City Manager Alan Mueller clarified that the ordinance that was originally presented the open ditches were completely prohibited, except by variance. Commissioner Iocco asked if the Commission had the final say on the variance requests. Deputy City Manager Alan Mueller replied that is correct. The Commission discussed the meaning of"large lots". Chairman Viktorin suggested using the verbiage of"RE" size lots. Commissioner Sederdahl agreed that "RE"would be a good compromise. Commissioner Scherrer made a motion to table the recommendation for the amendment to Chapter 27, Section A. Commissioner Sederdahl seconded the motion. Commissioner Iocco stated that for a point of information the Commission is recommending tabling until the amendment reads that open ditches and asphalt streets shall be allowed with "RE" size lots. 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. 2 Planning and Zoning Commission B. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of The Enclave at Pearland, a subdivision of 56.5391 acres being out of the H.T.&B. R.R. Co. Survey, Abstract—242, City of Pearland, Brazoria County, Texas. Variance Request: To allow for the developer to maintain a 60' right-of-way along North Fork Drive. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following comments: 1. The police department is recommending the street name "NEWPORT" to be changed. 2. He made a suggestion to change the name of the plat. 3. The need to remove the heavy line extensions of the west boundary. 4. They need to remove Note No. 5. 5. They need to move one streetlight to the northwest corner and extend the 5' electrical easement. 6. They need to remove minor streets from vicinity map. 7. They need to correct the text on note 12. Mr. Keller passed out the current Thoroughfare Plan. He stated that staff does not have the availability to modify the plan and that is why the variance request has been brought to P&Z. He stated that staff is recommending a 70' right-of-way. Chairman Viktorin asked if staff and the developer have agreed upon the matter as stated in one of the letters. Mr. Keller stated that he spoke to Deputy City Manager Alan Mueller and that is not true. Commissioner Sederdahl made a motion to approve the Preliminary Plat of the Enclave at Pearland with staff's recommendations. Commissioner Iocco seconded the motion. Mr. Keller pointed out that if the variance were not approved then the plat would have to be redone. Commissioner Selemon asked why staff would accept 70'. Plat and Plans Administrator Keller replied that it would match the existing subdivision across the way. Commissioner Sederdahl retracted his motion and Commissioner Iocco retracted his second. Commissioner Scherrer made a motion to deny the Preliminary Plat of The Enclave at Pearland with a second made by Commissioner Sederdahl. Vice-Chairman Glenn asked what the hardship is for requesting the variance. Mr. Saib stated that they provided 20' on Fite and also 20' on FM 1128. 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 sow Mr. Keller stated that per Alan Mueller the developer does not have to provide 20' on Fite. Gary Ferguson stated that there were a number of issues on the Traffic Impact Analysis. He stated that one of them being a requirement to have a right-of-way as 60'. He stated that if this is an issue then they will withdraw the request and will make it 70'. Mr. Ferguson stated that he is trying to expedite the review and approval; and they think they have a very good reason for the 60' verses the 80'. He stated that they would withdraw the request. He stated that staff is recommending approval of the street pattern. Commissioner Scherrer withdrew the motion for denial and Commissioner Sederdahl withdrew his second. Commissioner Iocco made a motion to approve the Preliminary Plat with staff's recommendations and the variance request being changed to a 70' right-of-way on North Fork Drive. Vice-Chairman Glenn seconded the motion. Mr. Ferguson referred to a discussion with Tobin Maples and Andy Gallagher in a Pre- Development meeting as far as the requesting the 60' right-of-way. Commissioner Iocco requested that in the future he should bring a letter from one of them to accompany the variance request for 60'. Motion to approve passed 6 to 0. C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of The Reserve at Tranquility Lakes, a subdivision of 20.023 acres of land out of the H.T.&B. R.R. Co. Survey, Abstract 242, Brazoria County. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following comments: 1. They need to correct the chord bearing of last call in the meets and bounds description. 2. Note 11 needs to be corrected. Mr. Keller stated that these are proposed apartments. Commissioner Iocco asked if there would be any more apartments. Mr. Keller responded that the 8-acres next to the property would be developed also. Vice-Chairman Glenn made a motion to approve the Preliminary Plat of The Reserve at Tranquility Lakes. Commissioner Sederdahl seconded the motion. 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 Au- Commissioner Iocco asked what the zoning is and Plat and Plans Administrator Richard Keller replied that there is no zoning because it is not in the city limits. Motion to approve passed 6 to 0. D. CONSIDERATION & POSSIBLE ACTION — Final Plat of Sunrise Lakes Section Five, a subdivision of 33.64 acres of land being a partial replat of the Allison Richey Coast Home Company Subdivision Section Twenty (being part of lots 11, 13, 14, & 15), recorded in Volume 2, page 23-24, Brazoria County Plat Records out of the H.T.&B. R.R. Co. Survey, A-304 & John W. Maxey Survey, A-721 City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following comments: 1. Add year of adjustment to slab elevation in Note 9. 2. The title of the meets and bounds description needs to match the title block. 3. They need to show ownership of adjoining land south of block 3 and east of Reserve "B" and Reserve "A". 4. The approval of construction plans is required. 5. The scale on the vicinity map needs to be corrected. 6. They may need to pay on Hooks Road if any fees are due. Commissioner Iocco made a motion to approve the Final Plat of Sunrise Lakes Section Five with staff's recommendations. Vice-Chairman Glenn seconded the motion. Commissioner Iocco asked about the 100' right-of-way that turns into a 60' right-of-way after the curve. Ken Caffey of Amvest Properties replied that a Traffic Impact Analysis has been done and this is okay. Commissioner Iocco stated that he was confused about why the 100' right-of-way turned into 60' after the curb. Mr. Caffey clarified that they 100' is for the entrance. Motion to approve passed 6 to 0. E. CONSIDERATION & POSSIBLE ACTION—An Amending Final Plat of Cabot Cove Section One, a subdivision of 36.0068 acres located in the H.T.&B. R.R. Co. Survey, Abstract 508, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with no changes. Commissioner Sederdahl made a motion to approve the Amending Final Plat of Cabot oat- Cove Section One with a second made by Commissioner Iocco. 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 "ow.- Commissioner Scherrer asked if the sidewalks have anything to do with the platting. Mr. Keller replied that a note is on the plat regarding the sidewalks. Motion to approve passed 6 to 0. F. CONSIDERATION & POSSIBLE ACTION – A Partial Replat of Silverlake Commercial Park Phase VIII, a subdivision of 2.4882 acres of land being a replat of unrestricted reserves "D", "E" & "F" of Silverlake Commercial Park 8 as recorded in Volume 21, Pages 171-172 of the Brazoria County Plat Records out of the R.B. Lyle Survey, Abstract No. 539 Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the addition of signatures and surveyor seal's on the plat. He stated that a note should be added that no direct access to FM 518 is permitted. Commissioner Sederdahl asked what they are doing and Mr. Keller replied he is not sure. Mr. Keller added that it's county and they are not zoned, therefore they are not required to tell us what they are doing. Mike Harney of Jones & Carter, Inc. stated that reserves "B" and "C" are already developed. He stated that the owner is fine with the addition of the note regarding the direct access. Commissioner Sederdahl made a motion to approve the Replat of Silverlake Commercial Park Phase VIII with staff's recommendations. Commissioner Scherrer seconded the motion. Motion to approve passed 6 to 0. G. CONSIDERATION & POSSIBLE ACTION – Request by Douglas Keney of LJA Engineering, engineer for Cabot Cove Subdivision for a variance from the Subdivision Ordinance that requires sidewalks to be constructed along McLean Road. Plat and Plans Administrator Richard Keller stated that staff recommends the variance be granted. He stated that he met with Chief Engineering Inspector Charlie Stubbs. He added that Mr. Stubbs pointed out there are bar ditches along Fite Street and it is not practical to build the sidewalks at this time. Commissioner Scherrer made a motion to deny the variance request with a second made by Commissioner Selemon. Commissioner Scherrer stated that it seems like every developer does not want to build sidewalks. He stated that there is going to be a new school on McLean and Bailey and '— there is also a park to walk to. Mr. Scherrer stated that the same developer just pointed 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 out that the road is so busy and it's too busy to have a gas station and now he doesn't want to construct sidewalks. Doug Keney of LJA Engineering stated that McLean is supposed to be widened and the developer would rather put the money into escrow and have the sidewalks built at a later date. Commissioner Selemon stated there is no guarantee when McLean is going to be widened. He stated that when he drives through Clear Lake City it looks very nice. He stated that the subdivisions are built back farther. He stated that we shouldn't have to wait on the roads to be improved to have sidewalks. Commissioner Iocco stated that he concurs with both. He then questioned that when McLean is expanded is the bar ditch going to be enough room to expand to accommodate the extra roadway for a sidewalk. He stated another point is that the Commission was misrepresented with the John Lizer issue when they stated that there wasn't enough room to build the sidewalks. Mr. Iocco stated that he fears this is going to become a "practice" for the Commission and at some point in time the Commission will have to take a stand and "stick with their guns" for the kids that will have to walk to school. Commissioner Scherrer reminded the Commission about the story of the five-year old boy who was killed walking home from school on Veterans Drive because there are no ''m. sidewalks in the area. Commissioner Selemon stated that they need sidewalks even if they're going to eventually be torn up. Commissioner Scherrer spoke of a variance that was issued to Parks at Walnut Bend Subdivision because the developer stated that they had to make changes at the request of the city, which prohibited the use of a sidewalk on that property. He stated that from his understanding a developer can pay $4.00 per square foot and this goes to some general fund for the city. He stated that the money is not earmarked for that area. He stated that it's like the developer can hand over a check to excuse himself from his responsibilities. Commissioner Sederdahl complemented the good points made and suggested that the developer should have planned for the sidewalks. Doug Keney of LJA Engineering stated that the developer is asking to pay the fees in lieu of building the sidewalks because if the build the sidewalks they would have to be built along the side of a ditch, which would not be very practical. Commissioner Scherrer pointed out that the developer at this very day is having a fence put in along McLean along the ditch line because he had every intention and thought that this variance was going to be requested and granted. 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 Commissioner Selemon showed concerns regarding "consistency" because they just approved the plat stating they are going to build the sidewalks. Commissioner Scherrer stated that somebody has to get the ball rolling to get these sidewalks put in. Chairman Viktorin stated that early on there were sidewalk variances issued on the west side of town on FM 518 and now people are walking with no sidewalks and traffic is 60 mph. He stated that for the last year and a half the Commission has really been pushing against these sidewalk variances. Commissioner Selemon stated that there might have to be an instant where the open ditch is covered so that sidewalks can be put in. Commissioner Iocco stated that a variance is supposed to be a unique hardship and he doesn't feel there is any hardship in this case or for the two requests to follow. Motion to deny passed 6 to 0. H. CONSIDERATION & POSSIBLE ACTION - Request by West Development, developer for West Oaks Subdivision for a variance from the Subdivision Ordinance that requires sidewalks to be constructed along Fite Road. Commissioner Iocco made a motion to deny the variance request with a second made by Commissioner Scherrer. Commissioner Selemon made a note to the secretary to refer anyone to read the comments made on the previous agenda item. Chairman Viktorin stated that if this road were part of the Bond Issue for roads that are being repaired in the next 2-3 years he would be in support of the request. Commissioner Iocco agreed. Commissioner Scherrer added that in conjunction with the sidewalks near the Elementary school that were required with the first section of West Oaks, he doesn't see why the developer can't build them for this section. Les Rowell of West Development stated that there are no sidewalks along Fite Road. Discussion ensued regarding whether or not sidewalks were on Fite Road. Motion to deny passed 6 to 0. I. CONSIDERATION & POSSIBLE ACTION — Request by West Development, developer for Centennial Village Section One, for a variance from the 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 411111. Subdivision Ordinance that requires sidewalks to be constructed along Fite Road. Commissioner Scherrer asked where this subdivision is. Les Rowell of West Development replied that it is near the detention pond by Hatfield Road. Commissioner Scherrer verified that Fox and Jacobs is the builder and Mr. Rowell stated that he is correct. Les Rowell showed a diagram that showed the detention and where the fence is. He explained that they would like to build the sidewalks and he referred to the sidewalks constructed in another subdivision by the high school. He stated that they would prefer to build the sidewalks because it is cheaper, however there is not enough space and they neglected to notice this. Commissioner Scherrer pointed out the sidewalks constructed at the Fox and Jacob development near the high school, which are along the bar-ditch. Commissioner Scherrer made a motion to deny the variance request to not build the sidewalks along Fite Road with a second made by Vice-Chairman Glenn. Motion to deny passed 6 to 0. J. DISCUSSION & REVIEW — Request by Pierre Nys of Kirby Run Management, Inc. for a review of a conceptual plan for a 40-acre tract at the intersection of Harkey Road and CR 101. Pierre Nys, developer, explained that he has had two pre-development with city's staff and he has spent a lot of time and money on the design. He stated that as they have been planning this development the ordinance is being changed regarding the pumps. He stated that the drainage is very low. He stated that there is a 3' ditch at the top, which is owned by the Brazoria Drainage District#4. Mr. Nys stated that the pumps would need to be in the northern corner for 3-4 years. He stated the Brazoria Drainage District plans to deepen the ditch and at that time the pumps can be eliminated. He stated that he is going to bring the Preliminary Plat to the Commission in about 30 days with a letter for a variance request to allow for the pumps. Vice-Chairman Glenn asked if the City would maintain the pumps. Mr. Nys stated that the homeowners association would be responsible. Commissioner Sederdahl stated that he worked for the Drainage District and when he came on board he clarified the fact that they would not be addressing drainage issues. Commissioner Sederdahl stated that he relies heavily on staff's recommendations. Chairman Viktorin pointed out that obviously the developer has spent money on the project and the ordinance is being changed during the planning process. 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 Commissioner Selemon stated that he would agree with the Chairman, however there is not even a Preliminary Plat approved yet. Mr. Nys stated that at one of his pre-development meetings it was suggested for him to present his idea to the Commission. Commissioner Selemon asked if there would be back up generators. Mr. Nys replied there would be. Commissioner Iocco suggested for him to get the project moving right away before the ordinance is changed. Commissioner Sederdahl stated that if staff recommends approval then he would support it. Commissioner Iocco stated that if the developer were to bring it back in a month he would be okay with the request. Mr. Nys reminded the Commission that this is a very informal meeting. Chairman Vikstaff's torin stated that he would also go with recommendation also. A.. Commissioner Iocco asked if this plat would go to the Brazoria Drainage District for review. Mr. Keller explained that not all the plats have to get Brazoria Drainage District's approval. IV. NEXT MEETING DATE: April 22, 2002 - JPH & Regular Meeting April 29, 2002—No Meeting V. ADJOURNMENT The meeting adjourned at 8:12 p.m. These minutes respect ly submitte by: effilr Go es, Planning :4'oning Secretary Minutes approved a submitted and/or corrected on this 13day of N , 2002. caa//z. Charles Viktorin, Planning & Zoning Chairman Alain Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Chatter. 10