2002-10-07 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 OCTOBER 07, 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 Robert Scherrer
Plat and Plan Administrator Richard Keller
Development Coordinator Mona Phipps
Secretary Aubrey Harbin
Commissioner Don Sederdahl was absent.
H. APPROVAL OF MINUTES: August 19, 2002
September 9, 2002
September 16, 2002
Commissioner Greiner made a motion to approve the minutes stated with corrections.
Commissioner Bacon seconded the motion.
The corrections stated were as follows:
August 19, 2002
Commissioner Selemon stated that on Page 4 Before Item IV he wanted his statement to
clarify that P&Z is not the venue for the ordinance change; however the Commission is
responsible for enforcing the ordinance.
September 9, 2002
Commissioner Bacon requested the following corrections:
Page 4 - #5 should stated "convenient" and not "convenience"
Page 4 - Betsy Scofield, a builder"in" rather then"of' Ravenwood Estates.
.41011
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
11. Page 8 - Correct wording in second paragraph
Page 12 - Second Paragraph - "face" should read"fact"
Commissioner Selemon requested the following corrections:
Page 5 - Second Paragraph - Clarification that Vice-Chairman Selemon asked the
developer if he had met with the homeowners since the previous Joint Public Hearing.
Page 6 - Sixth Paragraph - Second Sentence should have "RE" and not "R-2"
Page 7 - Second to last Paragraph - "Residential" should be "SD"
Page 9 - Second Paragraph - add "next to Baybrook" to Lowe's.
Page 12 -Last Sentence - add"Specific Use for a day care" to the requested zoning.
September 16, 2002
Vice-Chairman Russ Selemon stated that on Page 5 - Paragraph 6 it reads that he
wouldn't buy the"road" and it should read he wouldn't buy the"land".
Motion to approve minutes passed 6 to 0.
Chairman Iocco requested a note to be added in the minutes that he has received two
communications from West Development regarding the issue of the variance for Pearland
Parkway via mail. He stated that he is not sure if the letter was meant to be sarcastic or
condescending but he did not appreciate it. He wanted it to be mentioned up front
because he did not feel it was appropriate.
Commissioner Scherrer stated that he felt it was appropriate for the letter to be sent to the
City but not to there homes.
Vice-Chairman Selemon stated that he would prefer to get a note from City's staff that
states why the letter was included in their packets. Commissioner Scherrer disagreed that
the City's staff should not be responsible to determine why the letter was submitted.
The Commissioner agreed the letter was not opened by staff because it was a sealed letter
addressed to each Commissioner.
Commissioner Bacon suggested making a motion that their mail be opened by staff
anytime it is mailed to the City. Commissioner Scherrer agreed.
Commissioner Bacon made a motion that any communication submitted for the
Commission should be opened by staff before given to them. Commissioner Scherrer
seconded the motion.
Motion passed 6 to 0.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvefnents,
and other tasks as mandated by the City Charter.
Page 2 of 9
Planning and Zoning Commission
HI. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Amending Plat No. 1 of
Broadway at Woodcreek, 2.6152 acres in the W.D.C. Hall League Survey,
Abstract No. 70, City of Pearland, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval as
presented. He explained it is for a proposed local bank that needed a larger tract of land
and would be near the new Wal-Mart.
Chairman Iocco pointed out that at the APA Conference they learned that one reason for
an amending plat is to move a property line.
Commissioner Bacon stated that he used to live in this area and he would like to know if
anything is going to be done to change Mary's Creek because it already floods in this
area. He stated if they build this up then it is going to flood worse.
Commissioner Greiner stated this is the higher side of the area.
Chairman Iocco asked what they are doing for detention.
Plat and Plans Administrator Keller stated that this project has paid into a part of
detention elsewhere. He stated this project would actually drain into the creek.
Chairman Iocco asked why this property could purchase detention when the business they
were dealing with on Cullen Blvd could not.
Mr. Keller replied that there are some places where purchasing detention is not an option.
He stated the City Engineer would know more on that issue.
Commissioner Sandars asked where the detention would be purchased. Mr. Keller was
unsure at this time.
Chairman Iocco pointed out the City's staff has approved the plat already.
Commissioner Scherrer made a motion to approve the Amending Plat of Broadway at
Woodcreek with a second made by Commissioner Bacon.
Commissioner Scherrer reminded the Commission that they are only here to vote on an
amending plat that has moved their property line over.
Motion to approve 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.
Page 3 of 9
Planning and Zoning Commission
Commissioner Sandars stated that she needs clarification regarding how you can buy
regional detention and how this can be effective.
Commissioner Bacon stated it's not effective and never has been and it's just a way to
generate revenue for the City.
B. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of La Paloma, A
subdivision of 16.1964 acres situated in the W.D.C. Hall Survey, Abstract No. 70,
Pearland, TX.
Plat and Plans Administrator Keller stated that staff recommends approval with the
following corrections:
1. Correct spelling of Ruby Sandars name.
2. 10' easement along Yost Rd should be a W.S.E.
3. Need to provide a symbol aligned with lot lines to show where street changes names.
4. Need to provide a 5' electrical easement on the right-of-way of Yost Road for
electrical service.
Mr. Keller stated this is another development where they would purchase detention
elsewhere. He stated this is between Yost Road and Clear Creek.
Commissioner Greiner stated that for the record that this is truly where she lives and is
familiar with the Thoroughfare going through. She stated she has major concerns
because she doesn't see this layout matching the plan of the thoroughfare going into
place.
Chairman Iocco called for a motion before discussion.
Vice-Chairman Selemon made a motion to deny the Preliminary Plat of La Polama with a
second made by Commissioner Bacon.
Commissioner Greiner stated that she has major concerns that this is not going to
integrate with the upcoming thoroughfare because it does not line up. She stated that for
Lot 9 she sees no provision for detention. She also had concerns for there not being
detention provided when it is already upstream and next to an area in the flood plain.
Commissioner Bacon agreed and stated without onsite detention this plat should be
denied.
Chairman Iocco agreed about the detention because of the size of the land. He also
agreed on the other main issue regarding the road alignment.
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
alO' Mr. Keller explained that Yost Road requires a 100' right-of-way and they are giving
their part.
Discussion ensued among the Commission regarding previous experiences where the
road has not aligned for a particular Beazer Project.
Mr. Keller stated they are required to have a 250' separation, which they have provided.
Chairman Iocco stated that notes 6 and 13 say the same thing and asked if they could
combine the notes.
Mr. Keller reminded the Commission that the Brazoria Drainage District would have to
approve this plat as well.
Commissioner Scherrer asked if the City has a problem with the way the roads align. Mr.
Keller responded the City does not have a problem.
Commissioner Scherrer asked if this plat takes into account the future expansion of Yost
Road.
Mr. Keller stated they are giving 50' of right-of-way, which is there required part.
ow` Commissioner Scherrer pointed out that the real issue must be the detention.
Discussion ensued regarding the mobility of the Yost Road expansion.
Vice-Chairman Selemon stated that he is not a huge fan of gated subdivisions.
Chairman Iocco commented that that is the developer's choice. He added that this makes
the subdivisions more expensive because the streets are considered "private" and it is
their responsibility to maintain the streets.
Commissioner Greiner presented a site drawing of the Yost Road expansion, which is
going to be a four-lane roadway.
Chairman Iocco asked what the requirement is for the separation. Mr. Keller stated they
are required a 250' separation.
Chairman Iocco stated they have to deal with the safety of our community, so if the roads
could be aligned this would create a safer environment for driving. He stated this would
be a win-win situation and they have the chance to fix a problem before it becomes a
problem.
Chairman Iocco called for a vote.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvefnents,
and other tasks as mandated by the City Charter.
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Planning and Zoning Commission
Motion to deny passed 4 to 1 (1 abstention by Ruby Sandars)
Voting Record:
"Aye" - Chairman Iocco, Commissioner's Bacon, Greiner, and Selemon.
"No" - Commissioner Scherrer
Abstention by Ruby Sandars because she knew the developer
C. CONSIDERATION & POSSIBLE ACTION — Final 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,
Pearland, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval with
the following three comments:
1. Remove Sheet # from lower right corner
2. Removed three locations where the lines
3. Need approved Construction drawings
Commissioner Sandars made a motion to approve the Final Plat of Walker Estates with
staff's comments. Commissioner Scherrer seconded the motion.
Chairman Iocco stated that he would like to discuss at a later date something they learned
at the Planning Conference regarding the consideration of final plats with contingencies.
He stated this should not affect the Commission's decisions until this is discussed further.
Commissioner Bacon asked if this had an approved variance previously for a cul-de-sac.
John Gartrell, owner/developer, stated there was discussion of this at the preliminary
stages, however since the roads are going to be 36' wide they no longer needed the
variance.
Commissioner Sandars asked which lots were not going to be built on. Mr. Gartrell
explained that two lots have already been sold to one person for one house to be built on.
Chairman Iocco pointed out that this is an 11.3-acre development that has onsite
detention and they just looked at a 16-acre tract with no detention requriements.
Mr. Keller offered to write up a paper for the Commission outlining the policigs on
detention. Chairman Iocco stated that he would like that.
Motion to approve passed 6 to 0.
40.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvepnents,
and other tasks as mandated by the City Charter.
Page 6 of 9
Planning and Zoning Commission
D. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
Ranch East Clear Lake Loop and Kirby Drive Extensions, 11.753 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, City of Pearland, Brazoria County, Texas.
Plat and Plans Administrator Richard Keller stated that staff recommends approval as
presented.
Commissioner Scherrer made a motion to approve the Final Plat of Shadow Creek Ranch
East Clear Lake Loop and Kirby Drive Extensions. Commissioner Sandars seconded the
motion.
Commissioner Sandars asked if the extension of Kirby would go to the Beltway 8.
Chairman Iocco stated that eventually it would.
Vice-Chairman Selemon stated that he still has the same comment with the section
regarding Section 7B and the title issue between land owners.
Chairman Iocco stated that from the sound of the discussion in a previous meeting that
issue has become a legal issue.
Vice-Chairman Selemon suggested denying a plat to light a fire under someone.
411.1.
Commissioner Scherrer noted they have to assume the ownership is being handled.
Motion to approve passed 6 to 0.
E. DISCUSSION ITEM — Discussion on Ordinance 741-3 regarding Chapter 27,
Section 2 of the Subdivision Ordinance (pumped drainage systems).
Commissioner Sandars would like to understand the ordinance and why it was changed.
Vice-Chairman Selemon stated that he does not see what is wrong as long as there is back
up, but if it is in the ordinance that pumps are not allowed then they should issue any
variances.
Commissioner Bacon argued they are denying people the right to do business on their
property because they cannot have a pumped drainage system.
Commissioner Sandars commented that she does not see having a pumped drainage
system as a problem, especially when the City is allowing drainage to be bpught
elsewhere.
Mission Statement: To make informed recommendations regarding zoning change requests,capital improve{nents,
and other tasks as mandated by the City Charter.
Page 7 of 9
Planning and Zoning Commission
Ma' Chairman Iocco added that the Commission couldn't treat everybody the same unless
they issue no variances. He stated they need to add this topic on for discussion again on
October 21st.
Vice-Chairman Selemon stated that he would like for City Council to review the
ordinance.
Commissioner Bacon stated that he has a question on the Cullen Road variance request
that was denied. He stated that if the variance could have been granted, providing that
the owner has back up systems and a maintenance agreement, then why couldn't the City
process an annual inspection.
Commissioner Sandars stated that the ordinance needs to be reviewed. She added that
she would also like to know what areas are allowed to buy detention in the City.
Vice-Chairman Selemon clarified that if they were to have this item as a "Possible
Action" Item, then as a group they don't agree with offsite detention and they also don't
agree with not allowing pumped detention.
Mr. Keller stated that he would have a letter prepared regarding the policy of required
detention.
Chairman Iocco stated that he would like an item to be added on the next agenda for
"Discussion and Possible Action" regarding this topic.
Vice-Chairman Selemon requested copies of any other ordinances that staff considers
regarding plats.
Commissioner Sandars asked if detention ponds should be free of trees so they can hold
water. Chairman Iocco explained there are both dry bottom and wet bottom detention
ponds.
Chairman Iocco asked to get the By-laws back on the agenda for approval and/or
adoption.
The Commission requested updated zoning maps.
Discussion ensued regarding the Comprehensive Plan. The Commission agreed they
need to focus on how they would like the City to look. Chairman Iocco stated that he
would discuss at length with Tobin Maples regarding the Comprehensive Plan.
Chairman Iocco encouraged the Commission to get out and drive around to look at the
areas. He also encouraged them to talk to people and see what they would like.
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
IV. NEXT MEETING DATES: October 14, 2002—JPH & Regular P&Z
October 21, 2002—Regular P&Z
October 28, 2002—Workshop w/City Council
V. ADJOURNMENT
Commissioner Scherrer motioned to adjourn the meeting with a second by Commissioner
Bacon.
The meeting adjourned at 8:01.
Thes minutes res;ect 11 submitted i:
-3e'7112M
�r Gonz. :s, P .nning & • ing Secretary
nutes a•,• •ved as submitted and/or corrected on this_day of , 2002.
e .. ..:
Todd Iocco, Planning & Zoning Chairman
..•
Mission Statement: To make informed recommendations regarding zoning change requests,capital improvefinents,
and other tasks as mandated by the City Charter.
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