Loading...
2002-12-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Planning and Zoning Commission MINUTES OF A REGULAR MEETING FOR THE PLANNING AND ZONING �► COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 16, 2002 IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The regular meeting was called to order with the following present: Chairman Todd Iocco Vice-Chairman Russ Selemon Commissioner Ray Bacon Commissioner Sheryl Greiner Commissioner Ruby Sandars Commissioner Don Sederdahl Deputy City Manager Alan Mueller Executive Director of Community Services Tobin Maples Plat and Plans Administrator Richard Keller Deputy City Attorney Nghiem Doan Secretary Trish Broussard Commissioner Robert Scherrer was absent. II. APPROVAL OF MINUTES: November 18, 2002 Commissioner Greiner made a motion to approve the November 18, 2002 minutes with a second by Vice-Chairman Selemon. After a lengthy discussion over a number of corrections, Secretary Jennifer Gonzales realized that inadvertently a drafted copy of her minutes were submitted in their packets. Therefore, Commissioner Sederdahl made a motion to table the November 18, 2002 minutes with a second by Commissioner Bacon. Motion to table passed 6 to 0. III. NEW BUSINESS A. DISCUSSION ITEM —Towne home project in Silverlake Deputy City Manager Alan Mueller explained the reason this item is on the agenda is for two basic reasons. He stated the first reason is that there is a set of choices regarding which rules the developer should abide by; the second reason is the developer has a draft set of proposals for two separate town home projects he would like to present. He stated that based on the set of rules the Commission chooses to comply with, the rules might affect which plan may or may not fit into that criterion. Mr. Mueller stated staff has had Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 1 of 9 Planning and Zoning Commission a few development meetings with the applicant. He explained the property is in the ETJ within Silverlake, and the Subdivision Code does not specify what minimum lot sizes or lot widths are required for town homes. He stated that staff is recommending the developer to comply with the Land Use Ordinance, specifically the R-4 PUD guidelines, which would fit this type of development. He added that this is an odd case where the developer is following Land Use Guidelines in the ETJ, however the Commission is free to pick whatever guidelines they choose for town homes. He commented that from staff's standpoints by choosing the R-4 PUD Guidelines they feel if it is good enough to enforce in the City then is should be good enough to enforce in the ETJ. Mr. Mueller pointed out the two separate site plans that have been attached to the memo with a brief analysis of the variances that would be required. He stated that essentially there are three questions that need to be answered. He listed the questions as: 1. Does the Commission want to follow the R-4 PUD guidelines for the staff to review on these projects. 2. If they do want to enforce the R-4 PUD guidelines, is there any general feedback the Commission would like to give the developer. 3. If the Commission does not have enough information, let staff know so further research can be done. Mr. Mueller introduced Randy Riley of Kerry Gilbert&Associates, Inc. Randy Riley gave a detailed description of both site plans. He explained the differences r between the Pulte Home Development and Royce Home Development. Mr. Riley pointed out that in terms of the design the principal difference between the two site plans is that Royce has proposed a much greater lot size, they are asking to develop a private street service, and their open space would be a part of each lot. He stated that the developer wasn't sure which rule to follow out of the subdivision regulations and/or the zoning codes. He added this product would generate a number of variances from the zoning codes, which would consist of a variance for the overall lot width and for the minimum lot size requirement. The minimum lot size is around 2,835 square feet and their smallest lot would be about an average of 165 square feet short of the required lot width. He stated that with the average of the lots they do exceed the 3,000 square foot minimum. Mr. Riley commented those are the issues they are dealing with at this time. He added they have studied the properties long and hard, and in terms of trying to meet all of the criteria set forth by the R-4 PUD regulations (and to achieve the density allowed),they just could not work it out. Commissioner Greiner clarified that they could not come up with a solution that would not require variances. Mr. Riley stated that is correct. Commissioner Greiner asked what would the developer have to give up on to make it work. Mr. Riley replied they would have to give up access and their streets. ev"* Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 2 of 9 Planning and Zoning Commission Deputy City Manager Alan Mueller pointed out they could give up lots, but he believes �► Mr. Riley's point is that the Pulte product is right at the 11 units per acre, they are meeting the open space requirement and yet they only have 22-foot lots. He stated that mathematically you could say they are hitting the 11 units per acre,but if you went to 30- foot lots on the same piece of property you would be less then the 11 units per acre. He stated there is a contradiction with the ordinances, and the way the code is written you cannot maximize both requirements at the same time. Mr. Mueller stated that basic point for this discussion is does the Commission want to follow the R-4 guidelines, and if they don't then what guidelines does the Commission want to follow. Commissioner Greiner asked what type of team would be needed to come up with specific town home guidelines. Mr. Mueller replied that he would have to recommend that if the Commission wants a new town home guideline, then they need to request that it be tagged on to the process of the development codes that are being upgraded. He added that it would be approximately 12-18 months before that is finished. Chairman Iocco clarified that if someone wants to build a town home development in the City, the R-4 PUD codes would be enforced. Deputy City Manager replied that is correct. Commissioner Sederdahl showed concern that if the Commission provides these variances to get this town home development started, they could be setting a precedent. He commented that is how litigation starts. Vice-Chairman Selemon stated that from his point of view he is not hung up on the lot width or the size of the lot, but he would like to see more open green space and wider streets. Commissioner Greiner stated the root problem is there is no ordinance for this type of development. Commissioner Sandars stated that if we make them comply with the R-4 PUD, then the Commission would have to grant all these variances; therefore the Commission is not following the rules. She stated that if R-4 PUD has to be used, then that would be a"no go"in her eyes. Commissioner Greiner added that it would be unfair to the potential developer to say they need to comply with R-4 PUD and have them building the expectation that they are going to receive these variances from the Commission. She stated she is not in support of the variances. Chairman Iocco agreed with her statement. David Webber of Royce Homes, stated there is a mixture of lot sizes for the town homes. He stated the average sales price is going to be $175,000 and are going to be an upscale town home development. He stated that if the Committee chooses to have more research they would see that a 27' width for a town home is actually a big lot. He added they are Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 3 of 9 Planning and Zoning Commission not trying to get around any ordinances and they are just trying to build a quality development. Chairman Iocco stated he agrees with Commissioner Greiner in the aspect that if this development happens to fall under the R-4 PUD zoning of the City's ordinance then the Commission needs to stick with the ordinance. He added that if this development in the ETJ does fall under the R-4 PUD development then they need to comply just as anyone in the City would have to comply with the rules. He stated what is fair for one builder is fair for the other builder. Mr. Iocco added that he has made this comment several times and he is a firm believer in it. He stated that if the developer does want to come back with variances at a later time then the Commission would handle those on a case-by-case basis. Commissioner Sederdahl clarified that if the Commission does not choose to go the route of applying the R-4 PUD guidelines then nobody could come in and develop town homes for 8 or 9 months (while the ordinances are being updated). Chairman Iocco pointed out that the ordinance doesn't state they have to build 11 units with that open space, it states "up to 11 units". Mr. Iocco stated that is how the law is written and that is what they need to comply with. Commissioner Sandars questioned why the Commission would choose the R-4 PUD knowing the developer can't comply with the requirements. Commissioner Bacon stated that if the Commission does advise staff to use the R-4 PUD guidelines and the developer comes back with variance requests, the Commission has not been approving any variances, so where does that leave the developer. Deputy City Manager Alan Mueller replied that is the type of feedback the developer is seeking from the Commission. Commissioner Sandars commented variances are a very special topic for the Commission. Commissioner Bacon agreed and stated they have only issued a very few variances. Commissioner Bacon pointed out page 2, paragraph 1 of the summary submitted by Alan Mueller, it states if the Commission would rather staff to develop another set of appropriate guidelines. He asked what kind of guidelines could staff come up with. Vice-Chairman Selemon also asked what type of time frame would be involved with that. Deputy City Manager Alan Mueller replied that could be approached in two different ways. He stated first of all, guidelines could be created and added to the new development ordinances, which could take 12 to 18 months. He added the second way would be for staff to go out and survey other cities and come up with some ideas and have comparisons to look at. eik Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 4 of 9 Planning and Zoning Commission Commissioner Sandars stated they need to review some other guidelines because the Commission is not going to grant any variances. Commissioner Greiner commented the cheapest time to fix something is the earliest the problem is detected. She added it would be a lot more costly for the developer to go out and have construction plans created with the idea they are going to be granted variance requests. Discussion ensued between the Commission regarding the requirements of the R-4 PUD guidelines. Chairman Iocco stated that the R-4 PUD guidelines is not the avenue that should be taken because most likely the Commission will not grant the variances. He added that further research should be taken by looking into other cities guidelines and this item should be put back on for another discussion item. He stated the Commission would review this again. Tom Wilcox of Silverlake Development stated he has tried for four years now to sell these tracks and this is the fourth set of builders to make the attempt of the purchase. He stated that the development wouldn't work with the lower density. Mr. Wilcox stated there has to be some resolution with the combination of the density and the lot width issue. He commented they are in the ETJ and if they can't build the town homes then there going to build a multi-family development. He added they are trying to come up with something better, something nicer. Mr. Wilcox stated that the Commission is going to see after reviewing other guidelines that the lot widths presented really are what's in the market. The gentleman on behalf of Royce Homes volunteered to do the research if the Commission would give him some cities to go to and compare. Deputy City Manager Alan Mueller commented that staff normally uses cities like Sugarland, League City, Conroe, Friendswood, and Missouri City. Chairman Iocco requested this item be placed back on the agenda of their next meeting for further discussion. B. CONSIDERATION & POSSIBLE ACTION — Amending Plat of West Oaks Village Section Four, being 23.3333 Acres of land located in the H.T. & B. R.R. Company, Survey A-241 City of Pearland, Brazoria County, Texas, Brazoria County M.U.D. District No. 18. Plat and Plans Administrator Richard Keller stated that staff recommends approval with two corrections: 1. Add a 5' electrical easement to Lots 72 and 42. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 5 of 9 Planning and Zoning Commission 2. Add a note with the zoning. Commissioner Sandars asked what the zoning is. Craig McGuire of West Development replied it is R-4 zoning. Commissioner Sandars made a motion to recommend approval of the Amending Plat of West Oaks Village Section Four with staff's comments. Commissioner Sederdahl seconded the motion. Motion to approve passed 6 to 0. C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Choice Oaks Subdivision, being a subdivision containing 10.000 acres of land, being Lot 49 of the Allison Richey Gulf Coast Home Company Subdivision, of Section 6, out of the H.T.&B. R.R. Co. Survey, Abstract 544, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated staff recommends approval contingent upon receiving approval of the preliminary drainage plan. He pointed out the zoning is Commercial. Commissioner Ray Bacon asked what is going to be developed on the property. Harvey Huber, developer, replied they are putting warehouses on the property. Commissioner Sandars made a motion to approve the Preliminary Plat of Choice Oaks Subdivision with staff's comments. Commissioner Bacon seconded the motion. Motion to approve passed 6 to 0. D. CONSIDERATION & POSSIBLE ACTION — Final Plat of Center at Dixie Farm Rd, a subdivision of 1.940 acres of land out of and a part of Lot 73, George W. Jenkins Subdivision, as recorded in Volume 79, Page 616, B.C.D.R. and out of the W.D.C. Hall League, abstract number 70, Pearland, Brazoria County, Texas Item D has been requested to be removed from the agenda by the developer. The Commission took no action on this item. E. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of CVS Silverlake, a subdivision of 4.9629 acres of land out of R.B. Lyle Survey, abstract 539, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval as submitted. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 6 of 9 Planning and Zoning Commission Commissioner Bacon made a motion to approve the Preliminary Plat of CVS Silverlake as presented with a second by Commissioner Greiner. Motion to approve passed 6 to 0. F. CONSIDERATION & POSSIBLE ACTION — Final Plat of Reserve at Tranquility Lakes Section Two, a subdivision of 20.023 acres of land out of the H.T.B. R.R. Co. Survey, Section 17,Abstract 242,Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that the plat before the Commission has 32 items that need to be corrected; therefore, staff is recommending denial. Commissioner Sandars made a motion to deny the Final Plat of Reserve at Tranquility Lakes Section Two with a second by Commissioner Bacon. Owner, stated they received the number of corrections from Richard Keller and they did turn the corrected plat in this evening. He requested that the Commission approve the plat contingent upon review of the corrections. Secretary Trish Broussard stated the corrected plat was turned in at 5:30 p.m. Chairman Iocco stated the Commission usually doesn't approve any plats with six or more corrections and he thinks they should stick with the motion for denial. Carl Buyers, representing the ownership, stated for the record that he has been to a number of these meetings, and he remembers the same thing happening to another developer a few months ago. He stated that developer also worked over the weekend to make the corrections before the meeting and that very same day they received more comments for city's staff. Mr. Buyers stated they have addressed comments three different times in the past week and have bent over backwards to comply. He stated it doesn't seem fair and equitable. Commissioner Sandars asked Mr. Keller why all the corrections were not seen the first time around. Mr. Keller replied they keep changing the plat. Mr. Keller pointed out that the south border of the plat has been changed since the preliminary plat, and every time they change something on the plat it generates more mistakes. Commissioner Sederdahl compared building something in Pearland to building something in the City of Houston, and he commented it is a cakewalk to build in Pearland. Carl Buyers stated for the record he does not think he's receiving fair representation and Royce Homes came in and took up 45 minutes of the meeting and he is barely receiving three minutes. rMission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 7 of 9 Planning and Zoning Commission Motion to deny passed 6 to 0. Commissioner Sandars stated it has nothing to do with the amount of time spent on an agenda item. She stated that she would have like to have seen a formal letter stating what the developer has gone through with making the number of corrections over and over or for any complaints the developer may have. Vice-Chairman Selemon pointed out the Pulte and Royce Homes agenda item was a "Discussion Item," which should constitute the amount of time spent on that particular item vs. the amount of time spent on this item. Chairman Iocco suggested the developer bring the item back next week as a "Discussion Item." G. CONSIDERATION & POSSIBLE ACTION — Approval of Recommendation Letter for City Council regarding the 2002 Water& Sewer Impact Fee Study. Commissioner Bacon made a motion to forward the letter to City Council with a second by Commissioner Sandars. Vice-Chairman Selemon stated that he would like a comment added that not all of the Commissioners had concern with every item listed. Commissioner Sandars disagreed and said she thought it should be sent to City Council from the Commission as a unit. Planner Theresa Grahmann clarified Number 3 with the Commission. Commissioner Greiner stated that it should state, "The Commission believes the growth or redevelopment of the older areas of the City could be encouraged by the reduction or abatement of the Impact Fees." A lengthy discussion ensued on the grand fathering of a business and how impact fees are applied to a business that takes over and has a different usage. Chairman Iocco clarified the correction requested by Vice-Chairman Selemon. Commissioner Sandars stated that she feels making that correction would dilute the comment because it should state that is how they feel as a group. Vice-Chairman Selemon argued he cannot say that because they did not vote on each item 1 by 1. Chairman Iocco stated they all made comments by going around the table at the last discussion. Mr. Iocco took a vote by the Commission to see who thought the recommendations should be kept as a group. He then stated it should be left as it is because it makes them look more unified. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 8 of 9 Planning and Zoning Commission Deputy City Manager Alan Mueller suggested it to read "The members of the Planning pand Zoning Commission..." Commissioner Sandars stated that would be fine with her. Commissioner Greiner suggested combining the second and third paragraphs together. She stated that it should state the Commission is recommending approval with consideration given to the following suggestions or modifications. She commented they are not saying it's perfect and they do have comments. Commissioner Greiner stated she would only recommend approval of the study with consideration of the following changes. Chairman Iocco pointed out the Commission stated that overall they approved the document and they wanted a second item that lists their recommendations. Commissioner Sandars changed the motion to add in that the Commission approves the recommendation letter with the corrections that have been stated. Commissioner Greiner seconded the motion. Motion to approve with comments passed 6 to 0. III. CITY COUNCIL MINUTES SUBMITTED: November 11, 2002 November 25, 2002 IV. NEXT MEETING DATES: January 6,2003 (Regular Meeting) January 20, 2003 (JPH&Regular Meeting) V. ADJOURNMENT The meeting adjourned at 7:58 p.m. e minu/-s re ii,-ctfully submitted by: / 4 4 i1 _ ir h Broussard,l+arming&Zoning Secretary Minutes ap. . . as s. a itted and/or corrected on this day of !�/I/ '003. �l/ Todd Iocco, Planning&Zoning Chairman p Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 9 of 9