2002-08-05 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 AUGUST 5, 2002 IN
THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
The meeting was called to order at 6:34 p.m. with the following present:
P&Z Chairman Todd Iocco
P&Z Commissioner Ray Bacon
P&Z Commissioner Sheryl Greiner
P&Z Commissioner Ruby Sandars
P&Z Commissioner Robert Scherrer
P&Z Commissioner Don Sederdahl
P&Z Commissioner Russ Selemon
Plats and Plans Administrator Richard Keller
Planner I Theresa Grahmann
P&Z Secretary Jennifer Gonzales
II. APPROVAL OF MINUTES: July 8, 2002
AO' Commissioner Sederdahl made a motion to approve the July 8, 2002 minutes with a second
made by Commissioner Bacon.
Vice-Chairman Selemon pointed out that he did not attend the July 8, 2002 meeting;
therefore his name needs to be removed from the list of Commissioners that attended.
Motion to approve passed 7 to 0.
III. PUBLIC HEARING FOR CENTENNIAL VILLAGE SECTION TWO
1) CALL TO ORDER
The Public Hearing was called to order at 6:36 p.m.
2) PURPOSE OF HEARING
Final Plat of Centennial Village Sec Two, being 11.3070 acres of land located in
the H.T&B. R.R. Co. Survey A-240 and in the City of Pearland, Brazoria
County, Texas, also being a partial replat of Reserve H of Centennial Village
Section One.
® Chairman Todd Iocco read the purpose of the hearing into the record.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
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Planning and Zoning Commission
—• 3) PERSONS WISHING TO SPEAK FOR THE REQUEST
John English of Rekha Engineering, 5301 Hollister, Houston, TX 77040 stated he is the civil
engineer for this project. He stated the reason they are requesting the replat is because at the
time they developed Section 1 the detention pond was platted at an angle to provide a certain
amount of volume for detention requirements. He stated that when they laid out section two
they realized they were squeezing lots together and in order to even out the lots they have to
do a replat over the existing detention pond. He explained they actually widened the
detention pond (and kept the same volume). He stated there would be no impact on the
drainage.
4) PERSONS WISHING TO SPEAK AGAINST THE REQUEST
NONE
5) STAFF/COMMISSION DISCUSSION
Plat and Plans Administrator Richard Keller stated that staff is recommending approval.
Vice-Chairman Selemon asked if there is a variance to go along with this request. Secretary
Jennifer Gonzales clarified that there would be a variance request with the plat on the next
item, when they would take action on the plat.
6) ADJOURNMENT
The public hearing adjourned at 6:39 p.m.
IV. NEW BUSINESS
A) CONSIDERATION & POSSIBLE ACTION–Election of Vice-Chairperson.
Commissioner Sederdahl made a motion to nominate Commissioner Russ Selemon for the
position of Vice-Chairperson. Commissioner Scherrer seconded the motion.
Motion to approve passed 6 to 0 (abstention by Russ Selemon)
B) CONSIDERATION & POSSIBLE ACTION – Final Plat of Centennial Village Sec
Two, being 11.3070 acres of land located in the H.T&B. R.R. Co. Survey A-240 and in
the City of Pearland, Brazoria County, Texas, also being a partial replat of Reserve H
of Centennial Village Section One.
Variance Request:
1. Request for a variance from Item m – Dead End Streets – of Chapter 27-4 of the
Subdivision Ordinance to allow for a cul-de-sac length of greater then 600-feet.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
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Planning and Zoning Commission
Plat and Plans Administrator Richard Keller stated that staff recommends approval of the
variance request and this plat contains a temporary dead-end street that will extend in
section one eventually. He stated staff also recommends approval with several outstanding
items and listed them as:
I. Change the P&Z Commissioner's names.
2. There is an easement across BDD4's drainage channel, therefore a document needs to be
submitted and approved by the City's attorney.
3. Identify which area is being re-platted.
4. Correct the spelling of Brazoria in the legend.
5. Approved construction plans for the street including the 90-foot strip are required.
6. Funds need to be placed into escrow if it is not going to be built at this time.
7. Need to get lein holders approval of the plat on the plat.
Commissioner Scherrer made a motion to approve the Final Plat of Centennial Village
Section Two with staff's recommendations. Vice-Chairman Selemon seconded the motion.
Commissioner Greiner asked if there is a time frame for how long the street would be a dead
end street.
Mr. English stated that the City Engineer told him that the reason why it would be so long is
because they are developing the drainage system for Corrigan. He has been told 2004 is the
projected finish date. He stated at this time the developer would come in and construct the
bridge based on the outflow of the pump and the five acres and Centennial Village One
outfall in order to size the culverts correctly.
Commissioner Sheryl asked if there would ever be a house that ended up at the end of the
street.
Chairman Iocco clarified they would have to come in for a replat. Mr. English added there is
an existing ditch also.
Commissioner Sandars asked if there would concrete at the end of the turn around and she
asked who would be responsible for removing the asphalt and getting the ground back.
Mr. English replied the street would be concrete and turnaround would be asphalt and the
developer would be responsible for the ground.
Chairman Iocco commented that a temporary turnaround does have to be a hard surface.
Commissioner Sandars asked what would happen if the money they put into escrow is not
enough money by 2004 or 2005 to actually construct the bridge. She asked if the developer
would be held responsible.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
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Planning and Zoning Commission
,...- Mr. English stated that based on his company's estimate and the City Engineer's estimate
the amount should be sufficient.
Plat and Plans Administrator Richard Keller stated that he would have to get with the City
Engineer to see what mechanism would be used in a situation like this.
Chairman Iocco pointed out that the Commission does not deal with finances or set fees and
that duty belongs to staff.
Mr. English pointed out the developer (West Development Company, Inc.) has done this
once before and the outcome was good and everyone was happy.
Commissioner Bacon stated the turnaround goes into lot 15 and 24 and he asked if the
homeowner would be compensated for whatever is removed (asphalt).
Mr. English stated they would remove the asphalt and plant sod and the homeowner would
be informed before they buy the house about the situation.
Vice-Chairman Selemon asked if staff could live with approving this plat with all those
comments listed, especially the non-cleared title.
Mr. Keller pointed out that after talking with the City Engineer they decided the lein holder
A." does need to give some kind of release of the plat.
Mr. English pointed out that the developer is close to paying off the lien and it should be
paid off within the next month.
Vice-Chairman Selemon stated that Section 2a of the variance request letter refers to the
detention pond and the "pumping" of water. He asked if this pertains to the new ordinance
that was just amended regarding the no-pumping issue.
Mr. English stated that the statement regarding the "pumping" is actually for a city project
where they are going to combine the detention pond with a ditch. He added that his project
is completely gravity flow.
Commissioner Sederdahl asked about the legality issue.
Mr. Keller explained that the staff wants to make sure the easement they are providing
protects the City. He explained the engineer is platting a street across the land that the City .
does not actually own. He clarified that he staff is recommending approval contingent upon
the City Attorney approving the document regarding the easement.
Commissioner Scherrer amended his motion to add that the motion is for approval with
staff's recommendations and also to include the variance request. Vice-Chairman Selemon
seconded the motion.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
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Planning and Zoning Commission
Motion to approve passed 7 to 0.
C) CONSIDERATION & POSSIBLE ACTION — Request by Terry Brooks of West
Development, Inc. for a variance from the Tree Ordinance to waive the mitigation
requirements for the removal of Yaupon Holly's.
Planner Theresa Grahmann handed out a memo from Ed Hersh regarding staff's
recommendations for this item.
Greg Moore, Parks Superintended/Urban Forester clarified that they are making the
recommendation to the City Council regarding the removal of Yaupon Hollie from Class I,
however there is no guarantee for City Council's decision. He stated they also are taking
into consideration the removal of Crape Myrtle from Class I or II so developers could not go
in and mitigate the trees with this kind of tree. He stated that Yaupon Hollies were probably
included in this class because they are indigenous to the area. He agreed it's more like a
shrub. He reminded the Commission that he couldn't speak for City Council or what they
are going to approve.
Commissioner Greiner asked if there is a time frame for the Tree Ordinance to be updated.
Mr. Moore replied that it could be a month to six weeks for the revision.
Commissioner Sederdahl stated the Commission would be jumping the gun.
Vice-Chairman Selemon made a motion to deny the variance request with a second made by
Commissioner Sederdahl.
Vice-Chairman Selemon commented he is in favor of waiting for the new tree ordinance.
He added that from reading the letter he feels they are asking for an amendment to the
ordinance, however the developer is asking for a variance (and a blanket variance at that).
He stated there is no specific property tied to the letter and he doesn't see that as a variance
request.
Mrs. Terry Brooks of West Development Company, Inc. stated that Tobin Maples reworded
her request. She stated the request is specifically for Villa Verde, Villa D'Este and Bellavita
subdivisions.
Vice-Chairman Selemon commented that he does not want to set a precedent and grant one
developer the request then have another come forward with the same request.
Chairman Iocco pointed out that a variance request should be for a unique situation. His
personal opinion is that he does not see anything unique about this request.
Mrs. Brooks stated the rules that have to be followed (from the Tree Ordinance) are the
developer has to go to the City Manager to request anything. She explained the City
J..
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
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Planning and Zoning Commission
Manager has requested her to go to Planning and Zoning, because the Commission has the
final say on the variance (Per the tree ordinance).
Vice-Chairman Selemon stated that he has been instructed to say "no" to variances unless
they are for a unique reason.
Mrs. Brooks argued they are following the Tree Ordinance. She added she has the
Encyclopedia definition for a Yaupon Hollie and it is classified as shrub or a bush and not a
tree.
Chairman Iocco reminded her the ordinance is under study.
Commissioner Bacon asked if this is stopping or slowing down her development because of
this situation. Mrs. Brooks replied that it is.
Mrs. Brooks explained that when the Bellavita Section Two plat came in and it was
approved (with the Tree Disposition) and at this time hands were changed for the position of
the Urban Forester. She stated therefore the tree survey/tree disposition plan was not
accepted by the new Superintendent/Urban Forester. She stated the previous Urban Forest
(Greg Reynolds) approved a radius type formula for the tree survey. She stated technically
this tree issue should have been approved with the Final Plat of Bellavita Section Two. She
added that since hands have been changed with the Urban Forester position the developer
has been requested to provide a tree disposition plan for each lot. She stated this is slowing
down the construction.
Commissioner Scherrer clarified that Ed Hersh's letter states that he is in favor of the
request so long as Crape Myrtles are not substituted for the Yaupon Hollies.
Mr. Moore stated that they all agree that Yaupon Hollie is too extravagant to be in the list of
protected trees. He stated they also feel that Crape Myrtles should not be in a class I or II
and to be used as a replacement for the other Class I or II trees.
Commissioner Scherrer asked if this is the plan (to take out the Yaupon Hollies and replace
them with Crape Myrtles). He asked if they could agree that this is not there intention. Mrs.
Brooks replied they could agree to do that.
Commissioner Sandars stated that after speaking with Tobin Maples she learned that if they
grant the variance then the developer does not have to replace anything.
Commissioner Scherrer asked if the Commission could add a provision in the approval of
the variance to not allow replacing the Yaupon Hollies with Crape Myrtles.
Chairman Iocco stated they could expand on variances.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
Page 6 of 10
Planning and Zoning Commission
m. Commissioner Sandars stated that they should wait for City Council to approve the
ordinance. Commissioner Greiner agreed they would be out of sync with City Council.
Vice-Chairman Selemon agreed. He added the Commission does not always see the Tree
Surveys or Tree Disposition plans.
Mr. Keller stated that the mitigation plan is approved with the construction plans.
Mrs. Brooks stated she is just following the existing tree ordinance by bringing this to the
Planning and Zoning Commission as it allows them to do.
Motion to deny passed 5 to 2.
Voting Record:
"Aye" — Chairman Iocco, Vice-Chairman Selemon, Commissioner's Greiner, Sandars, and
Sederdahl.
"No"—Commissioner's Bacon and Scherrer.
D) CONSIDERATION& POSSIBLE ACTION— Preliminary Plat of Walker Estates of an
11.309-acre tract being all of Lot 1 and a part of Lot 2, Block 1 of Malone Subdivision
recorded in Vol. 18, Pg. 103 of the Brazoria County Map Records in Pearland, Texas.
Variance Request:
1. Request by owner from the Subdivision Ordinance to allow for a cul-de-sac
length greater then the allowed 600'.
Plat and Plans Administrator Richard Keller stated the variance request should be removed.
He explained they could have cul-de-sacs up to 1200' long if they provide a 60' right-of-
way and a 36' wide street, which they have done in this case.
Plat and Plans Administrator Richard Keller stated that staff recommends approval of the
plat with the following comments:
1. "Walker Circle"needs to be changed to "Walker Drive"
2. They need to provide a utility easement to serve lot 4.
3. They need to provide a City of Pearland benchmark.
4. They have a 10' water and sewer easement along the south side of Walker Circle that is
platted in the reserve area.
5. The coordinates need to be corrected.
6. Need to provide the Brazoria County Drainage District 55' along the east side instead of
40', which they requested. The Brazoria County Drainage District also wants a 20' access
for that area, which could be done in Reserve C.
7. The 20' right-of-way in the front can be removed because it is already included in the
existing 80' right-of-way.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
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Planning and Zoning Commission
8. There are some discrepancies between the meets and bounds description on the plat.
9. They need to correct the Commissioner's names.
John Gartrell, owner/developer, stated he has a question regarding the cul-de-sac length. He
stated that he appreciates the allowance of the 1200' cul-de-sac in exchange for the 36' road,
however he asked (due to his budget running over and him only servicing 12 homes) if there
is anyway an adjustment can be made to be between 28' and 36' for the road. He added that
the cost of developing the street is more then land cost.
Chairman Iocco explained the reason the 36' is required for the emergency vehicles. He
then contested that with several pieces of emergency equipment on one road, 36' is not big
enough so he personally does not see the 36' going away. Mr. Iocco stated it is a life safety
issue, which supercedes dollars.
Mr. Gartrell thanked the Commission for their time.
Commissioner Sederdahl made a motion to approve the Preliminary Plat of Walker Estates
with staff's recommendations. Commissioner Sandars seconded the motion.
Commissioner Bacon asked how many lots there are because he mentioned 12 homes. Mr.
Gartrell replied there are going to be 12 homes built on the 13 lots.
Chairman Iocco verified that the owners did not have a problem with giving up 15 more feet
on the back lots. Mr. Gartrell stated they put in a variance with the drainage district to have
40' because the initially asked for 80'. Mr. Gartrell explained there is a pipeline to the north
of the property therefore the ditch cannot get any deeper.
Mr. Keller clarified that the existing Corrigan North Subdivision to the east has provided 25'
of the 80' and that is where staff came up with the requested 55'.
John Garner of Municipal Engineering asked if the Commission would be okay with 40' if
the Brazoria Drainage District approved the variance. He stated that they would make
whatever changes needed on the final plat.
Chairman Iocco reminded the Commission this is just the Preliminary Plat.
Motion to approve passed 6 to 0.
E) CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF-
10, 21.441 acres being out of the T.C.R.R. Co. Survey, Section 3, Abstract 678, and the
H.T.&B.R.R. CO. Survey, Section 82, Abstract 565, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval with the
condition that the Commissioner's names are corrected and also the 10' water and sewer
easement needs to be concentrate with curb 7.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
Page 8 of 10
Planning and Zoning Commission
Commissioner Sederdahl made a motion to,approve the Final Plat of Shadow Creek Ranch
SF-10 with staffs recommendations. Commissioner Scherrer seconded the motion.
Vice-Chairman Selemon stated that he has concerns regarding the title issue between the
developer and the gentleman who claims that he owns some of the property. Vice-Chairman
Selemon stated that by approving this plat with Clear Lake Loop on it and then the road may
have to take a funny jog or come to a complete stop sometime down the road.
Secretary Jennifer Gonzales stated the developer has provided the necessary title reports and
tax certificates as required. She pointed out that Shadow Creek Ranch SF-7A & 7B have
been recorded.
James Ross of LJA Engineering stated that Shadow Creek Ranch does have the title to the
whole entire property. He stated they have been guaranteed by the title company.
Motion to approve passed 7 to 0.
F) CONSIDERATION & POSSIBLE ACTION — Request by Curtis Villarreal, P.E. of
Turner Collie & Braden, Inc. for a variance from City Ordinance 741-3, Section 2
Exhibit B, Paragraph 2 to allow construction of storm sewer during the same time of
construction of the off-site detention pond.
Plats and Plans Administrator Richard Keller stated that staff has decided after reviewing the
request that what the owner is requesting is not in any opposition of the ordinance. He
stated the variance request is not needed.
There was no action taken by the Commission.
G) DISCUSSION & POSSIBLE ACTION—Planning and Zoning Rules of Procedure.
Vice-Chairman Selemon stated that he would like to point out that there is pretty restrictive
verbiage on the "conflict of interest" section. He wanted to make sure the Commission is
okay with this.
Discussion ensued among the Commission regarding what would be considered a conflict of
interest.
Vice-Chairman Selemon stated that just removing yourself from the vote should be okay.
Commissioner Greiner agreed what is written in the policy is a bit harsh.
Commissioner Scherrer agreed that anybody has a right to be in a public meeting and no
body should be "disallowed" to attend. Commissioner Sederdahl pointed out that the real
issue is about the abuse of money and power.
411.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
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Planning and Zoning Commission
— Discussion ensued regarding meeting outside of a public meeting. Commissioner Scherrer
stated that "discouraged" should be replaced with "prohibited". He stated if the developers
would like to make any requests they should go through staff first, then come to the
Commission during a meeting.
Commissioner Iocco stated if the Commission comes up with any more ideas they need to
call him or Secretary Jennifer Gonzales.
Planner Theresa Grahmann stated she would clean up what was presented and bring it to
them for the next meeting.
Commissioner Greiner stated that on Page 7 Section 9 regarding "denying without prejudice
for 2 years," she asked if this comes from the Charter. Chairman Iocco replied that the
Charter states one year.
Commissioner Greiner stated in Article 4 she suggested appointing the chairman and vice-
chairman following the new appointments. Chairman Iocco suggested they should let a few
months pass so they can get to know each other before making the nominations. They
agreed on July 1st.
H) DISCUSSION ITEM–Potential dates for HGAC workshop.
Chairman Iocco pointed out that Tobin Maples is checking to see if they can hold the
workshop at the City again.
V. NEXT MEETING DATES: August 12, 2002 (JPH & Regular Meeting)
August 19, 2002 (Regular Meeting)
VI. ADJOURNMENT
The meeting adjourned at 8:04 p.m.
•= e minutes respectf I submitted b
•i s
fer Go• • es, Planning & /.ning Secretary
nutes a. . -+ as sub itted and/or corrected on this elay of af , 2002.
Todd Iocco, Planning & Zoning Chairman
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and
other tasks as mandated by the City Charter.
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