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2002-02-18 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 FEBRUARY 18, 2002, IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER The meeting was called to order at 7:20 p.m. with the following present: P&Z Chairman H. Charles Viktorin P&Z Commissioner Todd Iocco P&Z Commissioner Kevin McDonald P&Z Commissioner Robert Scherrer P&Z Commissioner Don Sederdahl P&Z Commissioner Russ Selemon Executive Director of Community Services Tobin Maples Development Coordinator Mona Phipps Plat and Plans Administrator Richard Keller P&Z Secretary Jennifer Gonzales P&Z Vice-Chairman Donald Glenn was absent. H. APPROVAL OF MINUTES: February 4, 2002 February 11, 2002 February 4, 2002 Commissioner Iocco made a motion to approve the February 4, 2002 minutes with a second made by Commissioner Sederdahl. Commissioner Iocco stated that at the top of page 3 under Item C he would like his comment elaborated regarding the reason he does not like all the comments on the plats. Mr. Iocco stated that he feels that the City's staff should not have to be doing the engineer's job of quality control. Commissioner Iocco also stated that on page 7, Item J, Section C, he would like his comment regarding the Table III, Schedule of Uses to be further explained. He stated that his original comment regarding the off street parking was that it should not be allowable because he feels the integrity of the neighborhood would be destroyed and referred to the fencing. Motion to approve passed 6 to 0. February 11, 2002 Commissioner Iocco made a motion to approve the February 11, 2002 minutes with a second made by Commissioner McDonald. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Chaser. 1 Planning and Zoning Commission Motion to approve passed 6 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Proposed Amendments to the Thoroughfare Plan (Figure 7.2) of the City of Pearland Comprehensive Plan. A) County Road 94 B) Kirby Road C) Hughes Ranch Road, Cliff Stone D) Stratford E) Unnamed Minor Collectors (east of Veterans, west of the Railroad, south of Magnolia and north of County Road 101) F) Unnamed Minor Collector (north of FM 518 between Pearland Parkway and Country Club — behind Lowes), of the City of Pearland Comprehensive Plan Ordinance. Chairman Viktorin stated that after doing some research he has learned that the Commission can vote on items individually. Commissioner Iocco made a motion to vote on each item listed above separately with a second made by Commissioner Selemon. Motion passed 6 to 0. A) County Road 94 Commissioner Iocco made a motion to deny.the proposed amendment for County Road 94 with a second made by Commissioner Selemon. Commissioner Iocco stated that he would like to reiterate Council Member Marcott's comments and he feels that it would be foolish to let that right-of-way go. Commissioner Selemon pointed out that to the south is 100' therefore keeping the right- of-way at 100' would make it consistent. Commissioner Scherrer clarified that the motion to deny the proposed amendment is basically saying that the Commission would like the width to stay at 100'. Motion to deny passed 6 to 0. B) Kirby Road Commissioner Iocco made a motion to approve the proposed amendment regarding Kirby Road with a second made by Commissioner McDonald. 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 Selemon verified that this amendment would make Kirby Drive consistent with the rest of Kirby Drive. Executive Director of Community Services Tobin Maples replied that Mr. Selemon is correct and staff is recommending approval. Motion to approve passed 6 to 0. C) Hughes Ranch Road, Cliff Stone Commissioner Scherrer made a motion to deny the proposed amendment regarding Hughes Ranch Road, Cliff Stone Road with a second made by Commissioner Selemon. Commissioner Scherrer stated that his comments made last week are fairly consistent with City Council and the road should run east and west. Commissioner's Selemon and Iocco agreed. Motion to deny passed 6 to 0. D) Stratford Commissioner Iocco made a motion to forward the proposed amendment regarding Stratford to City Council for approval. Commissioner Sederdahl seconded the motion. Motion to approve passed 6 to 0. E) Unnamed Minor Collectors (east of Veterans, west of the Railroad, south of Magnolia and north of County Road 101) Commissioner McDonald made a motion to forward the proposed amendments for the above listed minor collectors to City Council for approval. Commissioner Iocco seconded the motion. Commissioner Selemon stated that he would prefer to vote on this after the amendment of the Comprehensive Plan for this area is approved. Commissioner Scherrer agreed and stated that he feels if the Commission makes a recommendation for the disillusion of these streets before the Comprehensive Plan for this area is amended then that would make the citizens believe that the Commission supported the amendment for this area to be changed. Motion to approve failed 6 to 0. Commissioner Iocco made a motion to table the proposed amendments for the unnamed minor collectors near the Veterans area with a second made by Commissioner McDonald. 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. 3 Planning and Zoning Commission F) Unnamed Minor Collector (north of FM 518 between Pearland Parkway and Country Club — behind Lowes), of the City of Pearland Comprehensive Plan Ordinance. Commissioner Iocco made a motion to forward the unnamed minor collector located behind Lowes to City Council for approval. Commissioner Sederdahl seconded the motion. Commissioner Iocco stated that he still does not understand why they are bringing another road across to Country Club Drive when there is only one road coming out of Green Tee and the bridge still needs be repaired. Executive Director of Community Services Tobin Maples stated that there are two reasons for this amendment. He stated that the first reason is to help alleviate traffic congestion on FM 518 and the second reason is to access the commercial property located behind Lowes. Mr. Maples pointed out that once the developers come in and develop the commercial area behind Lowe's they would have to help build the road. Motion to approve passed 6 to 0. B. CONSIDERATION & POSSIBLE ACTION — Proposed Amendments to the Land Use and Urban Development Ordinance (509-G) A) Section 16.4.2., Outdoor Activities and Uses B) Section 22.6., Building Facades C) Table III, Schedule of Use Commissioner Iocco made a motion to vote on the above named amendments separately with a second made by Commissioner Scherrer. Motion to approve passed 6 to 0. A) Section 16.4.2., Outdoor Activities and Uses Commissioner Iocco made a motion to forward the proposed amendment regarding the outdoor activities and uses to City Council for denial. Commissioner Scherrer seconded the motion. Commissioner Iocco stated that he believes this is being handled adequately under our ordinance as it is under each individual zoning classification. Mr. Iocco stated that he would like to suggest is to tighten up the fencing situation by bringing the fence to an 8- foot height. Commissioner Sederdahl stated that it's time to review the ordinance and change it 41111%. because Pearland has changed. Mr. Sederdahl stated that he would prefer this to having 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 an application taken to a political body because he understands how things can be accomplished with money. Commissioner Iocco pointed out to the Commission that the Zoning Board of Adjustments is not a political board, and it is a judicial board that has the final say on the applications. Mr. Iocco added that the owners would have to contest any decisions made through court. Mr. Iocco stated that the ZBA board should have to make spot decisions. Chairman Viktorin stated that the Zoning Board of Adjustments has been briefed and they are not supposed to be giving blanket approvals, therefore the applications would have to be examined on a case-by-case basis. Commissioner Selemon stated that he is aware that the intent of the Specific Use Permit is to protect residential areas, however it would logistically be an administrative nightmare for staff. Commissioner Scherrer stated that on the other side it makes it a bit more difficult not to approve this because then they City is whipping their hands clean of it and there would be no restrictions on outside storage. Discussion ensued regarding the allowance for a Specific Use permit to remain on a property once the occupancy is changed. Development Coordinator Mona Phipps clarified that the Specific Use Permit would stay with the property because it is a zoning. Commissioner Selemon questioned what would happen if they deny this request. Mr. Maples explained that if the request is denied and a developer were to come in with commercial property, he would have to comply with the 6' walls and standards that are currently in the ordinance. He stated that once they have complied staff has to issue their permit. Discussion ensued regarding commercial lots backing up to a residential lot. It was noted that at this present time a 6' wall is required when they could have 25' of outside storage. Chairman Viktorin questioned whether this is really a problem because it has not been said that the City has been inundated with people complaining about this. Commissioner Scherrer stated that with all the Commercial development i.e. Lowes and Home Depot the people are going to start complaining. Commissioner Sederdahl stated that he thinks they need to update the ordinance. Commissioner Iocco stated that when these applications for Specific Use are brought forward then the City would be dictating what kind of business should be allowed. Chairman Viktorin agreed and stated that this is actually a barrier to entry for certain businesses. 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 Scherrer stated that he would like to see something done to the ordinance so that they don't have to decide what uses are allowable for certain properties. Development Coordinator Mona Phipps stated that often people come to staff and ask what zoning they should apply for. She stated that she feels putting a Specific Use on Commercial zoning would make it difficult for staff to recommend that particular zoning. Ms. Phipps explained that usually an applicant does need to know before they invest into a project if something is going to be allowable in a particular zoning. Chairman Viktorin called for a vote. Motion to deny passed 6 to 0. B) Section 22.6., Building Facades Executive Director of Community Services Tobin Maples referred to page 82 and briefly explained that Paragraph A is being changed and Paragraph E is being added. Commissioner McDonald made a motion to forward the proposed amendment regarding the building facades to City Council for approval with a second made by Commissioner Sederdahl. Commissioner Scherrer asked about the "visibility" discussion during the Joint Public Hearing. Mr. Maples stated that Council Member Owens had suggested adding a certain amount of footage into the ordinance, however staff was opposed due to any possible arbitration. Commissioner McDonald agreed the footage should be left off. Commissioner Iocco brought up a possible scenario of a plumbing company going into an existing building that was previously an oil company and lying about their occupancy so they would not have to comply with city ordinances. Mr. Maples replied that the Fire Marshall inspects all commercial businesses on a yearly basis and if a business were caught in a lie then their Certificate of Occupancy would be taken away. Commissioner Scherrer pointed out that they are going to deny this as a whole, when in fact he is in support of part of the amendment and not the other. He stated that he is in agreement with Paragraph A, but he disagrees with the addition of Paragraph E. Motion to deny passed 5 to 1. Voting Record: "Aye"— Chairman Viktorin, Commissioner's Iocco, McDonald, Sederdahl, and Selemon. "No" - Commissioner Scherrer C) Table III, Schedule of Use 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 40. Commissioner Iocco made a motion to forward the proposed amendment regarding Table III, Schedule of Uses to City Council for approval. Commissioner Iocco stated that he believes for off street parking on non-residential lots, however a business should not be allowed to buy a residential lot for off street parking because it would destroy the integrity of the existing subdivision. Motion to approve passed 6 to 0. C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Bellavita at Green Tee Section Three, being a subdivision of 19.2229 acres of land out of the W.D.C. Hall Survey, A-23 City of Pearland, Harris County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following comments: 1. They need to have the two easements released. The first one was recorded in H.C.C.F. No. U337350 and the second easement was recorded in H.C.C.F. No. U337348. 2. They need to provide a 10' water and sewer easement on Reserve 3. They need to show the platted lots of Villa Verde Section 2 on the north end of this plat. 4. They need to show the distance between property corners on inset A. Mr. Keller added that the developer would need to turn in a tree disposition plan showing all protected trees that are located in the right-of-way. Commissioner Sederdahl made a motion to approve the Preliminary plat of Bellavita at Green Tee Section Three with staff's comments. Commissioner McDonald seconded the motion. Motion to approve passed 6 to 0. D. CONSIDERATION & POSSIBLE ACTION — Final Plat of Pearland Corner, a tract or parcel of land containing 6.2071 acres out of lots 21, 22, and 23 of "George W. Jenkins" Subdivision and Lot "B" of Kegley's Corner Subdivision out of the W.D.C. Hall League, Abstract 70, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with a note that the owners need to sign the plat. 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 Jennifer Gonzales, Engineering Secretary, pointed out that the mylars do contain the owner's signatures. Commissioner Iocco made a motion to approve the Final Plat of Pearland Corner with a second made by Commissioner Sederdahl. Commissioner Selemon asked if a tree survey was submitted. Engineering Secretary Jennifer Gonzales replied that there is a tree survey in the file. Commissioner McDonald asked what would be on Reserve "A" and Reserve "B". Mr. Wayne Ausmus, owner, replied that there will be two separate buildings and they are working on tenants. Mr. McDonald expressed concerns regarding the possibility of a joint access agreement. Commissioner Selemon asked if there were any significant oak trees on the property. Mr. Ausmus replied that there are some, however he believes the some of them are in the right-of-way. Mr. Keller pointed out that there is a provision for a joint access agreement on note 7. Motion to approve passed 6 to 0. E. CONSIDERATION & POSSIBLE ACTION - Final Plat of Park Village Estates Section Six, a subdivision of 8.1901 acres of land out of the H.T.&B. R.R. Co. Survey, A-509, City of Pearland, Brazoria County, Texas. Plat and Plans Administrator Richard Keller stated that staff recommends approval with the following corrections: 1. They need to provide a surface to grid factor. 2. They will need to pay into the sidewalk fund before City Council acceptance. Commissioner Iocco made a motion to approve the Final Plat of Park Village Estates Section Six with staff's recommendations. Commissioner McDonald seconded the motion. Motion to approve passed 6 to 0. F. CONSIDERATION & POSSIBLE ACTION — Request by Perry Homes for a variance from the Subdivision Ordinance to allow for a use of a temporary sales trailer on Lot 2, Block 2 of Shadow Creek Ranch SF-3 prior to subdivision acceptance by City Council. 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 Executive Director of Community Services Tobin Maples stated that Perry Homes had received a variance several weeks ago for a model home to be built. Mr. Maples added that this is a variance for a sales trailer to be built next to the model home. Commissioner Scherrer made a motion to approve the variance request with a second made by Commissioner Sederdahl. Motion to approve passed 6 to 0. G. DISCUSSION ITEM — Review of General Business - Planned Unit Development for 6301 Broadway Street. Development Coordinator Mona Phipps briefly explained that this was originally brought forward as an application for "Commercial" zoning, which was denied. Ms. Phipps stated that staff's recommendation to the owner was to apply for a General Business — Planned Unit Development. She explained that this would clear up any fears the public may have. She stated that there is not going to be any piles of mulch. Ms. Phipps referred to the PUD document submitted in the Commissioner's packets and stated that this is the plan for the developer. She stated they are required to develop as per the plan. Executive Director of Community Services Tobin Maples explained that tonight it has been brought forward for any suggestions or recommendations. Mr. Maples stated that it is going to be brought back for a Joint Public Hearing in a few weeks. Mr. Vaughn showed an in-depth site plan of his development and briefly explained his Planned Unit Development. Mr. Vaughn stated that he would not have any bulk storage and all mulch would be bagged and under shelter. Commissioner Selemon asked if the residents have seen his plan. Mr. Maples replied that they would see it at the Joint Public Hearing. Commissioner Iocco asked what would have to be done before the Certificate of Occupancy is issued. Ms. Phipps replied that all the current ordinances would have to be complied with such as masonry, landscaping, parking, etc. Commissioner Selemon stated that he thought it was good for the owner to apply for a Planned Unit Development otherwise they would just be zoning land. Commissioner Iocco stated that the plan looks great and advised the owner to present it at the Joint Public Hearing just as he did this evening. Commissioner Scherrer, Commissioner Sederdahl and Chairman Viktorin all agreed that it looks great. Ink Commissioner McDonald stated that he thinks it is wonderful, however his only objection is that there is currently a 12' shed and that wall that is required is only 6'. 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 IV. NEXT MEETING DATES: February 25, 2002—No meeting March 4, 2002—JPH & Regular meeting March 11, 2002—JPH & Regular meeting V. ADJOURNMENT The meeting adjourned at 8:45 p.m. These minutes respect lly submit -d by: st/il_ I 44 414!ilt/,L / . en t er Gonz./-s,lanning : 'oning Secretary p Mi es approved as submitted and/or corrected on this 9day of MIL , 2002. co,_, /7.L. A.. Charles Viktorin, Planning & Zoning Chairman 4111 In. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 10