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2002-11-04 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 NOVEMBER 4, 2002 IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER The regular meeting was called to order at 6:37 p.m. with the following present: Chairman Todd Iocco Vice-Chairman Russ Selemon Commissioner Ray Bacon Commissioner Ruby Sandars Commissioner Robert Scherrer Plat and Plan Administrator Richard Keller Planner I Theresa Grahmann City Attorney Darrin Coker Deputy City Attorney Ngheim Doan Secretary Trish Broussard Commissioner's Don Sederdahl and Sheryl Greiner were absent. H. APPROVAL OF MINUTES: October 7, 2002 Commissioner Ray Bacon made a motion to approve the minutes stated with corrections. Commissioner Ruby Sandars seconded the motion. The corrections stated were as follows: October 7, 2002 Commissioner Sandars stated that on Page 4 she didn't remember Mr. Keller stating that the developer was going to purchase offsite detention. Mr. Keller clarified that he did say they were going to buy offsite detention, however, that information has changed since that particular meeting. Commissioner Bacon stated that on Page 5 line 8 "there" should be"their". Commissioner Selemon stated that on Page 7, Section E, second paragraph it should state for the Commission to "not" issue any variances. Motion to approve passed 5 to 0. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 1of11 Planning and Zoning Commission The Regular Meeting adjourned at 6:42 p.m. in order to convene into an executive session. M. EXECUTIVE SESSION 1. Section 551.071 Under Texas Government Code - Consultation with City Attorney regarding potential litigation: R. West Development. The Executive Session was called to order at 6:43 p.m. and adjourned at 7:23 p.m. The Regular Meeting reconvened at 7:23 p.m. IV. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Remove from the Table: Variance Request by West Development from the Subdivision Ordinance regarding Pearland Parkway. Commissioner Ruby Sandars made a motion to remove the variance request from the table and Commissioner Ray Bacon seconded the motion. Motion to approve passed 5 to 0. B. CONSIDERATION & POSSIBLE ACTION—Variance Request by West Development from the Subdivision Ordinance regarding Pearland Parkway. Commissioner Robert Scherer made a motion to deny the variance request with a second by Vice-Chairman Russ Selemon. Chairman Todd locco stated that in order to approve this type of variance you must have a unique hardship and he sees nothing unique with this particular variance request. Commissioner Scherer agreed and stated they have discussed this before and a hardship should not be granted for a financial hardship. Commissioner Bacon stated he does not see any place where the subdivision will access Pearland Parkway, and he does not where there would be any impact to the street. He explained that most of the traffic would exit onto Oiler Drive or Hwy. 35. Motion to deny passed 4 to 1 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 2 of 11 Planning and Zoning Commission 41111.. Voting Record: "Aye" — Chairman Iocco, Vice-Chairman Selemon, Commissioner's Scherrer and Sandars. "No"— Commissioner Bacon. C. CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah Landing Section 1, A subdivision of 20.98 acres of land out of the A. C .H. & B. survey, A-403, Brazoria County, Texas. Item C was requested by Brown & Gay Engineering on November 4, 2002 to be removed. No action was taken by the Commission. D. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Center at Dixie Farm Rd, A subdivision of 1.940 acres being out of and 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. Plat and Plans Administrator Richard Keller stated this is a new Walgreens behind Jack N The Box on Dixie Farm Rd. He stated staff recommends approval with the following comments: Alow 1.) Indicate zoning on plat 2.) Show limits of Zone "AE" with base flood elevation indicated 3.) Provide surveyor's signature 4.) Add names of three new P & Z Commissioners: RUBY SANDARS, RAY BACON, SHERYL GREINER. RUSS SELEMON is now Vice-Chairman. 5.) This plat cannot establish easements upon adjoining land. If the intent is to dedicate these easements by a separate instrument later, indicate them as proposed on this plat. 6.) Show 25' building line behind proposed R.O.W. of Dixie Farm Road. However, if they designate the F.M. 518 (or Dixie Farm Road) side of this plat as the front, only 25' front and rear building lines need to be shown. Side building lot lines need not to be shown if one side of the plat is designated as the front. Commissioner Sandars stated the plat does not show where it had been zoned. Mr. Keller stated it had been zoned as"Commercial". Commissioner Sandars made a motion to approve the Preliminary Plat of Center at Dixie Farm with staffs comments. Commissioner Scherrer seconded the motion. Commissioner Bacon stated he does not see any detention. He asked if this is another deal where the developer is going to purchase offsite detention. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 3 of 11 Planning and Zoning Commission Deputy City Attorney Nghiem Doan asked if detention is required on the plat. Mr. Keller replied that it is not required to be on the plat. Mr. Doan expressed concern by stating he doesn't think the Commission should be discussing drainage if it is not required on the plat. Commissioner Bacon argued that it impacts the City. Mr. Doan reminded the Commission that if the plat meets all the requirements then they are supposed to approve the plats. He added the Commission should not start talking about something that has nothing to do with the plat, which is what they are supposed to be voting on. He stated the detention plan is not a requirement on the plat. Commissioner Sandars asked if they would ever be seeing drainage on these plats. City Engineer Hargrove stated that drainage is not necessarily always going to be on the plat, especially the commercial plats. He added that a lot of the time the commercial plats are usually a rectangular box with building lines. Vice-Chairman Selemon asked about a tree survey or tree disposition plan and if it would be submitted at the final platting stages. He wondered if they were going to save any of the trees. Mr. Keller replied that a tree disposition plan has not been turned in as of yet. 411.1. Vice-Chairman Selemon stated that as the Commission they have concerns for the safety and the betterment of the City so he agrees with the Deputy City Attorney to a minimum, but he also sees their charge to be a bit broader then Mr. Doan painted it to be. Mr. Doan explained his point to be that the Commission does not have the power to approve detention on a plat so why should they bring it up. Vice-Chairman Selemon stated if they don't bring it up it may go unnoticed. Mr. Doan explained that the City Engineer has a lot of staff that go through several steps to review these plats and the Commission should trust that this has been done. Commissioner Sandars called for question. Motion to approve passed 5 to 0. E. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Choice Oaks Subdivision, A subdivision of 10.000 acres being of Lot 49 of the Allison Richey Gulf Coast Home Company Subdivision of Section 6, H.T.&B.R.R. Co., Survey Abstract 544, City of Pearland, Brazoria County, Texas. Mission Statement: To make informed recommendations regarding zoning change requests,capital improverpents, and other tasks as mandated by the City Charter. Page 4 of 11 Planning and Zoning Commission Plat and Plans Administrator Richard Keller stated that this is a two-lot subdivision located on Hatfield behind the Chevrolet Place. He stated staff recommends denial of the Preliminary Plat of Choice Oaks Subdivision with the following comments: 1.) The preliminary drainage plan makes no provisions for conveying the drainage water in the existing ditch running through the rear of the property. Proposed detention pond appears to block the drainage of this existing ditch. 2.) Is an easement being provided for the existing drainage ditch through the rear of the property? 3.) Demonstrate capacity of existing ditch along Jasper Road to convey discharge from detention pond. 4.) Existing well to be plugged and abandoned. Please make sure that the following items are included on the final plat: 5.) Provide curve data and dimensions for proposed right-of—way line in front. 6.) Extend 10' W.S.E. along entire length of existing and proposed right-of way. 7.) Show 5' E.E. centered on proposed right-of-way line for streetlight service. 8.) Rewrite Note No. 6 using"are" instead of"is". 9.) Show dedication of additional right-of-way north of Jasper Road. 10.) Put street lights on proposed right-of-way. Commissioner Sandars made a motion to deny the Preliminary Plat of Choice Oaks Subdivision with staff's comments. Commissioner Scherrer seconded the motion. Motion to deny passed 5 to 0. F. DISCUSSION ITEM—Discussion of Water and Sewer Impact Fee Study. Ron Bavarian of Walsh Freese and Nichols, Inc. stated his firm has prepared an update of the 1999 Water and Impact Fee Study. He added they had a workshop with City Council and P&Z last Monday night where he showed 15 to 20 slides and gave a report. Mr. Bavarian stated that P&Z is an advisory board for this project and that is where they come in to play on this project. Chairman Iocco stated that he would like a general overview. He stated from what he has gathered they are responsible for looking at the numbers and giving them a blessing. He stated the numbers are for the cost of implementing upgrades for wastewater as well as water supply to new or existing buildings. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 5 of 11 Planning and Zoning Commission ,�. Mr. Bavarian stated Chairman Iocco is correct and it is to be studied and possibly changed every five years. Commissioner Bacon asked if Mr. Bavarian meant the Impact Fee Study or the Comprehensive Plan. Mr. Bavarian replied that the Impact Fee Study, which happens to be an offshoot of the Comprehensive Plan. Vice-Chairman Selemon stated that when he looks at the numbers and compares Pearland to Shadow Creek Ranch he sees a 25% decrease in cost for Shadow Creek Ranch. He then asked where Shadow Creek Ranch's water is coming from and he referred to the 16' water line coming from Pearland. He then questioned whether money has been adequately collected for Shadow Creek Ranch. He doesn't see why there is such a despairity and why the impact fees are considered separately. City Engineer John Hargrove explained that Shadow Creek Ranch will build out faster then Pearland will and also there has been a certain amount of capital invested from the very beginning that was funded by TIRZ. He stated their basic water supply would be the 16' line and water from the City of Houston. Commissioner Sandars asked if the impact fee pays 100% of the cost. She asked if she were to buy a lot and she paid the impact fee then would the City put in a portion of the money or would she is she responsible for the whole amount. Mr. Bavarian stated that according to the calculations she is paying for 50% and the other funds would come from City or State funding. Commissioner Sandars commented the City should pay some of it. Chairman Iocco stated that they as homeowners and business owners they are paying for the other half all the time. He added that he would not be in favor of a set fee from a taxpayer standpoint because then he would be paying a higher water bill to subsidize for business owners/homeowners to come in and build. He thinks there should be a Fair Market Value. Commissioner Sandars stated that this is perceived from the Community as unfair because businesses are treated unequally. She stated that one restaurant would be charged more then another because it was bigger or smaller. City Engineer Hargrove stated that Mrs. Sandars has some ammunition now and she can show how the fees are calculated. Chairman Iocco stated they should look at the overall plan at this session. ift Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tacks as mandated by the City Charter. Page 6 of 11 Planning and Zoning Commission Commissioner Bacon stated that businesses are put out of businesses because they can't afford to pay these impact fees and he referred to the restaurant down the street next to HEB. Mr. Bavarian stated that the report is an updated 1999 report with updated population, updated service units, the land use has been updated, projects were updated, and the wastewater and water facility systems have been evaluated. Chairman Iocco asked for other impact fees from other cities. Mr. Bavarian replied that in Seabrook they pay around $2200.00 and Webster is around $1300.00, which is very low, however the cities are different in comparison. Vice-Chairman Selemon commented that League City gets a double whammy because they pay City and MUD water and sewer tax bills. Commissioner Bacon asked if Mr. Bavarians firm had anything to do with developing the tables in the Comp Plan. Mr. Bavarian replied that he did not. Commissioner Bacon stated they are projecting a lot higher in the Comprehensive Plan then in Mr. Bavarians chart. Chairman Iocco asked if Mr. Bavarian thought Pearland is on the high end. Mr. Bavarian replied that the last study Pearland was real close to the top. Chairman Iocco commented that Pearland has a different cost of overhead and different cost of doing business and people are going to move here no matter what. Commissioner Sandars asked why the fees went up so dramatically. Mr. Bavarian commented that the amount of projects that are required to be undertaking land for future development is really high. Vice-Chairman Selemon stated that he recalls the City hurting for a water supply and had an oversupply of waste treatment facilities. He asked what happened to the City having too much. Deputy City Manager Alan Mueller stated there are several sewer projects that were funded on debt service so they are built projects however we're still paying debt service on them so those costs are still included in the study. Chairman Iocco asked what the Commission's charge is. Deputy City Manager Alan Mueller replied that the Commission is an "advisory group" and P&Z can act as this board as long as their is an acting member that is involved in the building/development trait. He added the Commission is to provide a report to City Council Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 7 of 11 Planning and Zoning Commission stating they like the proposed report or if they don't like it or if they want to add any changes they would like. Chairman Iocco stated some of the Commissioners have concerns about hurting incoming businesses. He commented that when there is an existing restaurant and then another restaurant moves into the same place they are again charged the impact fees. Deputy City Manager Alan Mueller stated he was unaware of this. Commissioner Bacon commented it happened right down the street at the Italian Restaurant. Mr. Mueller replied that the previous store or restaurant had never paid impact fees from all of the records the City had and if somebody can produce any different information, please do. He stated in that particular case they went through several different negotiations with the owner. Chairman Iocco asked if a retail strip center comes in do they pay an impact fee if they have no tenants picked out. Secretary Trish Broussard stated the fees would be based off of retail, and if something other then that moves in the spaces they pay the difference. �► Deputy City Manager Alan Mueller commented that it depends on how the owners and tennants pull their permits. He explained that a developer can come in and pay the impact fees on the shell of the building as retail, then the tennant (i.e. Pearl Dynasty of the Cullen Krogers Shopping Center) would come in and pay the difference. Commissioner Bacon commented that Pearl Dynasty was $350 a seat, which amounted to $43,000 dollars. Chairman Iocco asked if they closed down and another restaurant would open up would the new restaurant be responsible for any new fees. Mr. Mueller commented it would depend on the number of seats and other information, possibly not. Deputy City Manager Alan Mueller stated if the Commission would like to file their comments with City Council, which address these issues, then that would be fine. Commissioner Sandars stated she is concerned that when one restaurant looks to be the same size as another and there is a $30,000 difference with the impact fees. Chairman Iocco stated that in the plumbing business he has learned that when you build a restaurant like Quiznos with no plates and silverware, their washing is minimal and m9y need a smaller grease trap, and that may be similar to the scale of how impact fees are calculated. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvernts, and other tasks as mandated by the City Charter. Page 8 of 11 Planning and Zoning Commission Mr. Mueller commented that Quiznos was calculated as a Fast Food Place vs. the Italian Place, which was calculated as a full fledge restaurant. He added the Italian Place tried to scam the City by stating they would have all plastic plates and plastic eating utensils and our Health Inspector did the inspection before they opened and they had real plates and real silverware. He explained that restaurants are high users of water and not everyone does their homework right away to learn about these impact fees. Commissioner Bacon stated that the City does not have any kind of checklist for anyone that wants to come in and start a business. Secretary Jennifer Gonzales stated that there are pre-development meetings that are held on every Wednesday and there is a Development Checklist. Deputy City Manager Alan Mueller stated that he has spent a great deal of time trying to defend specific situations, but if this group as a whole has concerns then they need to document this and get it to City Council. Commissioner Bacon stated that Pearland has the reputation that they are against businesses period. Deputy City Manager Alan Mueller commented they are going to have a Public Hearing on '- January 7th, and City Council needs a report at least five days before that. Discussion ensued regarding when the Commission could meet again. Commissioner Scherrer suggested having a preliminary report done over their feelings from this evening and then having something to draft off of. Deputy City Manager Alan Mueller stated that he would need to know by December 2nd if they are going to have a report or not. The Commission clarified they would have a report by January. Chairman Iocco suggested they continue the discussion on December 2nd. Commissioner Sandars had concerns about the fees being so high. Chairman Iocco stated that if they don't charge an adequate amount of money for the impact fees then the present water users are going to pay the remaining impact fee in their water bill. Commissioner Bacon suggested having the same fee straight across the board. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 9 of 11 Planning and Zoning Commission Chairman Iocco disagreed with that suggestion for the simple fact that when somebody moves to this town they need to pay their fair share just like the road situation they discussed earlier. Commissioner Sandars stated that you can buy the same house in Attascasita with cheaper impact fees then you can in Pearland. Commissioner Scherrer stated she is talking about "uniformity". Commissioner Scherrer stated that you really shouldn't compare different cities with different needs. Discussion ensued regarding changing from surface water to ground water. The Commission stated they would like to have this item as a "Discussion and Possible Action Item" on the December 2"a agenda. G. DISCUSSION ITEM—Discussion of By-Laws for Planning & Zoning Commission Commissioner Sandars commented the By-Laws presented looks very good. Chairman Iocco stated for the Commission to read over the By-Laws and to have the item put back on as a "Discussion and Possible Action Item" for the November 18t agenda. Planner Theresa Grahmann stated that the legal staff and Tobin Maples are reviewing it. Commissioner Scherrer stated that on Page 9 it states commissioner members are "strongly discouraged" to meet with applicants, he thought the Commission agreed to have stronger language (like "prohibited"). He stated why should they even having anything in the By- Laws regarding that if it's not prohibited. Vice-Chairman Selemon stated that putting anything in writing leaves yourself open as a target if you don't follow the guidelines. Commissioner Bacon brought up topics that have been brought up at his workplace about four board members being seen together quite often. He stated that four of the Commissioners were seen together at the APA Conference. He asked if this is allowed. Deputy City Attorney Nghiem Doan stated that the issue is that they were not together discussing city business. He stated that every gathering (i.e. conventions and seminars) does not have to be posted. Mr. Doan clarified that as a quorum the Commission is not supposed to discuss any City Business outside of the meeting. Mission Statement: To make informed recommendations regarding zoning change requests, capital improveq ents, and other tasks as mandated by the City Charter. Page 10 of 11 Planning and Zoning Commission IV. NEXT MEETING DATES: November 18, 2002 - JPH & Regular P&Z December 2, 2002—Regular P&Z December 16, 2002—JPH & Regular P & Z V. ADJOURNMENT The meeting adjourned at 8:40. These minutes respectfully submitted by: ri litM roussar Tanning & Zoning Secr Minutes approved as submitted and/or corrected on this_day of , 2002. /er, --. 6`- --- Todd Iocco, Planning & Zoning Chairman Am t Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements, and other tasks as mandated by the City Charter. Page 11 of 11