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2011-10-03 P&Z Regular Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD OCTOBER 3, 2011 AT 6:30 P.M., IN THE 2 FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P &Z Chairperson Jerry Koza, Jr. called the meeting to order at 8:36 following present: P &Z Chairperson Jerry Koza, Jr. P &Z Vice Chairperson Richard Golden P &Z Commissioner Phil Cessac P &Z Commissioner Neil West P &Z Commissioner Henry Fuertes P &Z Commissioner Sheila Fischer P &Z Commissioner Brandon Shimek Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Harold Ellis, Planner II Evan DuVali, Deputy City Attorney Nghiem Doan, and Planning Office Coordinator Judy Krajca. APPROVAL OF MINUTES P &Z Commissioner Phil Cessac made the motion to approve the minutes of the Regular Meeting of September 19, 2011, and P &Z Commissioner Neil West seconded. The vote was 7 -0. The minutes of September 19, 2011 were approved. EXCUSE ABSENCE NEW BUSINESS P &Z Minutes 10/03/2011 Page 1 of 6 p.m. with the P &Z Commissioner Henry Fuertes made the motion to excuse the absence of P &Z Vice Chairperson Richard Golden and P &Z Commissioner Brandon Shimek from the P &Z Regular meeting of September 19, 2011. P &Z Commissioner Neil West seconded the motion. The vote was 7 -0. P &Z Vice Chairperson Richard Golden and P &Z Commissioner Phil Cessac's absence from September 19, 2011 was excused. P &Z Chairperson Jerry Koza, Jr. opened a series of public hearings for Partial Replat of Shadow Creek Ranch SF -45, Partial Replat of Shadow Creek Ranch SF -45C and SF- 45B, and Partial Replat of Shadow Creek Ranch SF -49 concurrently at 8:38 p.m. Planner II Evan DuVail read the staff report stating the applicant is reconfiguring the lot sizes and making the lots larger. Staff received no public comment forms in favor or against, but did receive one phone call inquiring about the Partial Replat of Shadow Creek Ranch SF -45. There were three outstanding items remaining on all three partial replats. 1) No objection letters from AT &T and Centerpoint 2) 2 mylars with signatures 3) Tax Certificates from Brazoria and Fort Bend County The applicant was present but chose not to speak. There was no one present to speak for or against the partial replats. P &Z Commissioner Henry Fuertes asked why tax certificates were needed for both Fort Bend and Brazoria County. Planner II Evan DuVall explained that the property fell within Fort Bend County, but City and School taxes were collected by Brazoria County. Mr. Rene Rodriquez of LJA Engineering spoke about the positive change of larger lot sizes. P &Z Chairperson Jerry Koza, Jr. adjourned the series of public hearings concurrently at 8:58 p.m. CONSIDERATION POSSIBLE ACTION PARTIAL REPLAT OF SHADOW CREEK RANCH SF -45B A request by LJA Engineering, Inc., applicant, on behalf of 741 SCR, LTD, Owner, for approval of a Partial Replat of Shadow Creek Ranch SF -45B to reconfigure lot sizes, totaling 24.173 acres on the following described property, to wit: Legal Description: Being a subdivision of 24.173 acres of land situated in the George Mac Donald Survey, Abstract 557, The H. Levering Survey, Abstract 668 and the S.G. Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas; also being a Partial Replat of Shadow Creek Ranch SF -45B, As recorded in Plat No. 20050109 of the Plat Records of Fort Bend County, Texas. General location: Mooring Point Drive and Biscayne Lake Drive P &Z Commissioner Henry Fuertes made the motion to approve with staffs comments, and P &Z Commissioner Neil West seconded. Planning Director Lata Krishnarao commented that under the old ordinance the plat could be recorded without infrastructure in place. However, due to this procedure, sidewalks and other amenities could be left incomplete. Under the new ordinance all P &Z Minutes 10/03/2011 Page 2 of 6 requirements must be completed prior to the plat being recorded. This subdivision is under the old ordinance and staff will assure the amenities are in place. P &Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 7 -0. Partial Replat of Shadow Creek Ranch SF -45B was approved with the condition that the following be provided before the plat is recorded: 1) No objection letters from AT &T and Centerpoint 2) 2 mylars with signatures 3) Tax Certificates from Brazoria and Fort Bend County CONSIDERATION POSSIBLE ACTION PARTIAL REPLAT OF SHADOW CREEK RANCH SF -45C AND SF -45B A request by LJA Engineering, Inc., on behalf of 741 SCR, LTD Owner, for approval of a Partial Replat of Shadow Creek Ranch SF -45C to reconfigure lot sizes, totaling 19.890 acres and a Partial Replat of Shadow Creek Ranch SF -45B subdivision to add a portion to Shadow Creek Ranch SF -45C, on the following described property, to wit: Legal Description: Being a subdivision of 19.328 acres of land situated in the H. Levering Survey, Abstract 279 and the I.C. Stafford Survey, Abstract 669, City of Pearland Fort Bend County, Texas; also being a Partial Replat of Shadow Creek Ranch SF -45C, as recorded in Plat No. 20050110 of the Plat Records of Fort Bend County Texas. And a portion Shadow Creek Ranch SF -45B, a subdivision of 24.173 acres of land situated in the George Mac Donald Survey, Abstract 557, The H. Levering Survey, Abstract 668 and the S.G. Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas; also being a Partial Replat of Shadow Creek Ranch SF -45B, as recorded in Plat No. 20050109 of the Plat Records of Fort Bend County, Texas. General location: Caymen Bend Lane and Sunset Springs Drive. P &Z Commissioner Phil Cessac made the motion to approve with staffs comments, and P &Z Commissioner Neil West seconded. There was no discussion. P &Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 7 -0. Partial Replat of Shadow Creek Ranch SF -45C and SF -45B was approved with the condition that the following be provided before the plat is recorded: 1) No objection letters from AT &T and Centerpoint 2) 2 mylars with signatures 3) Tax Certificates from Brazoria and Fort Bend County P &Z Minutes 10/03/2011 Page 3 of 6 CONSIDERATION POSSIBLE ACTION PARTIAL REPLAT OF SHADOW CREEK RANCH SF -49 A request by LJA Engineering, Inc., on behalf of 741 SCR, LTD Owner, for approval of a Partial Replat of Shadow Creek Ranch SF -49 to reconfigure lot sizes, totaling approximately 25.890 acres in the Shadow Creek Ranch SF -49 subdivision, on the following described property, to wit: Legal Description: Being a subdivision of 25.890 acres of land situated in the George Mac Donald Survey, Abstract 557, and the H.T. B.R.R. Co. Survey, Sec. 83, Abstract 761, City of Pearland, Fort Bend County, Texas; also being a Partial Replat of Shadow Creek Ranch SF -49, as recorded in plat No. 20060136 of the Plat Records of Fort Bend County, Texas General location: Northwest corner of Arcadia Bay Drive and Trinity Bay Drive. P &Z Commissioner Sheila Fischer made the motion to approve with staffs comments, and P &Z Vice- Chairperson Richard Golden seconded the motion. There was no discussion. P &Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 7 -0. Partial Replat of Shadow Creek Ranch SF -49 was approved with the condition that the following be provided before the plat is recorded: 1) No objection letters from AT &T and Centerpoint 2) 2 mylars with signatures 3) Tax Certificates from Brazoria and Fort Bend County CONSIDERATION POSSIBLE ACTION REPLAT OF TRACT F OF SUNRISE LAKE VILLAGE PHASE II A request by Wilson Survey, on behalf of Texas Community Bank, N.A., Owner, for approval of a Replat of Tract F of Sunrise Lake Village Phase 11 to create two lots, totaling approximately 2.072 acres in the Sunrise Lake Village Phase II subdivision, on the following described property, to wit: Legal Description: Being a 2.072 acre tract "F Block 1 of Sunrise Lake Village Phase 11 in the John W. Maxey Survey, Abstract No. 721 in the City of Pearland, Brazoria County, Texas as recorded in the Clerk's File No. 2006024597 in the Brazoria County Clerk's Office. General location: 2700 Block of Silverlake Parkway P &Z Minutes 10/03/2011 Page 4 of 6 P &Z Commissioner Henry Fuertes made the motion to approve, and P &Z Commissioner Neil West seconded the motion. Planner II Evan DuVall read the staff report stating Tract F was being divided into Tract F -1 and F -2. Staff did not receive any public comment forms and recommended approval of the replat. Planning Director Lata Krishnarao inquired who owned the detention and suggested a need to see who will maintain it. P &Z Commissioner Henry Fuertes amended his original motion for approval to verify maintenance agreement is in place to maintain the detention area in perpetuity; and P &Z Commissioner Neil West seconded the motion. P &Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 7 -0. Replat of Tract F of Sunrise Lake Village Phase II was approved with the condition: 1) Maintenance agreement be in place as to who will maintain the detention area in perpetuity CONSIDERATION POSSIBLE ACTION VARIANCE REQUEST NO. 2011 -05 REQUESTING A VARIANCE FROM SECTION 2.4.4.5 (c)(1)(b) REQUIRING A MINIMUM LOT WIDTH IN THE OT -GB (OLD TOWN GENERAL BUSINESS) ZONING DISTRICT A request by Todd Slaton, applicant, on behalf of Paul and Vicki Howard, owner, for Variance from the requirements of the Unified Development Code Section 2.4.4.5 (c)(1)(c) to allow a minimum of 124 -foot lot depth where 125' is required in the OT -GB (Old Town General Business) Zoning District. General location: 2201 Main St. P &Z Commissioner Phil Cessac made the motion to approve Variance No. 2011 -05, and P &Z Commissioner Sheila Fischer seconded the motion. Planner 11 Evan DuVall stated the Variance requested was less than 6 inches, but according to the UDC Ordinance, a Variance was required. There were no outstanding items and staff recommended approval. P &Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 7 -0. Variance Request No. 2011 -05 was approved to allow a Variance from Section 2.4.4.5 (c)(1)(b) requiring a minimum lot width in the OT -GB (Old Town General Business) zoning district. P &Z Minutes 10/03/2011 Page 5 of 6 DISCUSSION ITEMS Commissioners Activity Report only item discussed was the upcoming Texas APA Conference. P &Z Commissioner Sheila Fischer will be attending with staff, and Council Member Susan Sherrouse will attend and receive her Commissioner of the Year award. Update of Zoning Cases was presented by Senior Planner Harold Ellis. Project Stars Update was discussed by Lata Krishnarao, Planning Director, and a brief powerpoint was shown for the 3 new Commissioners. Planning Director Lata Krishnarao stated there would be no Joint Public Hearings on October 17, 2011, and Planner II Evan DuVall stated there were no plats for that date either. There was discussion of having a workshop on the P &Z Commissioners Rules and Procedures. Planning Director Lata Krishnarao stated that a date would be announced on when the Finance Director would come speak to the Commission about the In -City MUD /ETJ MUD Debt ratio. P &Z Chairperson Jerry Koza, Jr. stated he would not be present at the October 17, 2011 meeting as he would be out of the country. ADJOURNMENT P &Z Chairperson Jerry Koza, Jr. adjourned the P &Z Regular Meeting at 9:29 p.m. These minutes are respectfully submitted by: Judy Kr Planning 0 ce oordinator Minutes approved as submitted and/or corrected on this 17th day of October 2011, A.D. P &Z Minutes 10/03/2011 Page 6 of 6 erson Richard Golden CONTRACT BETW EEN TFJE CITY OF FFARLAND AND DUX RIDGE LANDFILL This Contract is dated and etfeetive as of the day last signed by the parties hereto, CITY OF PEARLAND, 'CEXAS "City and BLUE RIDGE LANDFILL TX, LP "Blue Ridge"), :CI'l'ALS WHEREAS, City, through the operation of its wastewater treidtent plants "Plants generates sludge which is disposed at the Blue Ridge Landfill ("Facility"); and WHEREAS, Blue Ridge, through the operation of its Facility generates leachate that is discharged into and processed through the Plants "Discharge and WHEREAS, the City and Blue Ridge desire to jointly cooperate in the us of their respective Plants and Facility for the mutual benefit of each entity. NOW THEREFORE, City and Blue Ridge, agree as follows: City shall allow Blue Ridge to dispose the Discharge generated at its Facility through City's sanitary sewer system, and City shall accept the Discharge in its Plant(s) according to the following terms: a. City shall submit monthly invoices to Blue Ridge reflecting a rate of 2.5 cents per gallon of Discharge accepted at City's Plant(s). Blue Ridge's payment for said Discharge shall be in the form of a monthly credit in an amount equal to that month's invoice against charges to the City for the disposal of sludge generated at City's Plants for the same month, A summary of Blue Ridge's Leachate disposal activity, including total gallons Discharged into City's sewer system, shall be submitted to the city monthly. A summary of Blue Ridge's Leachate disposal activity, including total gallons Discharged into City's sewer system, dates of Discharge transported by truck, and total credit applied to City's sludge disposal costs, shall be submitted to City annually. In the event that Pearland discontinues its disposal of sludge at Blue Ridge, Blue Ridge will remit payment for leachate disposal to City within 30 days of receipt of City's monthly invoices. b. City personnel shall have access to Blue Ridge's Discharge flow meter and sampling port located on Blue Ridge property at the interconnection between Blue Ridge's leachate system and City's sanitary sewer system during normal working hours of the Facility. Blue Ridge represents to City that th Facility does ai hazardous waste, as ti( Per mit No 1505A. Haz listed` as a hazardous Environm Prote z ous waste' other tlian hotrseltold by the TCEQ Mt Soiid Waste us waste tneans any solid waste identified or e by the administrator of the United States Agency in accordance with the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 United States Code, §6901. All Discharge shall be subject to random sampling tests performed by City, and no Discharge will be accepted by City unless it has a pH level between 5 and 9, and a Biochemical Oxygen Demand "BOD level of less than 600 mg /1 Blue Ridge shall perform Toxicity Characteristics Leaching Procedure ("TCLP testing of the Discharge once every 6 months, and the results shall be submitted to City on or before October 31" and April 30' of each year during the term of this Agreement. (It is understood and agreed by Blue Ridge that it shall be solely responsible for all costs of the TCLP testing described above.) c. City shall have the authority upon written notice of not less than 7 days to temporarily discontinue the Discharge due to the need for maintenance or repair of City's sanitary sewer system. In the case of a temporary cessation, Blue Ridge may continue the Discharge by truck delivery directly to another of the Plants until the necessary maintenance or repairs have been completed so long as no interference with City's sanitary sewer system occurs. Vehicles hauling Discharge from the Facility to any of the Plants shall be received by City during normal business hours (6:30 AM 3:30 PM Monday thru Thursday and 6:30 AM 9:30 AM on Fridays). d. In the event Blue Ridge hauls the Discharge, Blue Ridge shall be responsible for all costs associated with delivering the Discharge generated at the Facility to the Plants. Furthermore, City, in its sole discretion, shall determine which of the Plants shall accept the Discharge: the Barry Rose Plant, the Southwest Environmental Center, or the Far Northwest Center; and the location for accepting the Discharge shall be subject to change at any time, and for any given load. e. In the event of an emergency, as solely determined by the City, City may temporarily require Blue Ridge to shut down its Discharge system. Blue Ridge, upon notification from City of such emergency, shall promptly stop Discharging into City's sanitary sewer system. The contact persons with the authority and ability to shut down the Discharge system are: a) John Carrington. (281) 835 -6142 b) Mitch Noto: (713) 676 -7613 In the event of any substitution or replacement of contact persons notice shall be provided in writing to City within 30 days of that change. 2 City and Blue Ridge hereby acknotvledge that they heave an existing agreement for Blue Ridge to dispose of sludge generated at City's Plants according to the terms provided in Attachment A hereto, surd with individual waste profiles executed with each of the Plants The term of this Agreement shall comtnence immediately upon execution by both parties and terminate on the 31" day of December, 2016, except that it is automatically renewed for maximum of 5 additional 5 year periods unless City or Blue Ridge provides 90 day advanced written notice to the other party, Notwithstanding the foregoing, either the City or Blue Ridge may, in its sole discretion, terminate the provisions of this Agreement at any time and without cause by providing 90 days advanced written notice of the termination. Such notices shall be provided as follows: To: City of Pearland Mr, Danny Cameron 3519 Liberty Drive Peariand, Texas 77581 To: Blue Ridge General Manager Blue Ridge Landfill Mr. Mitch Noto 2200 FM 521 Fresno, Texas 77545 In the event of any substitution or replacement of contact persons, notice shall be provided in writing to the other party within 30 days. 4) This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth herein, No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by all of the parties hereto. 5) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazoria and/or Ft. Bend Counties, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County, Texas only. 6) Understanding and Voluntary Acceptance of the Terns of Agreement City and. Blue Ridge each acknowledge and agree that: (A) it has carefully read this Agreement and fully understands its meaning, intent and terms; (B) it has full knowledge of the legal consequences of this Agreement; (C) it agrees to all terms of this Agreement and voluntarily has signed this Agreement; (D) other than as stated herein, no promise or inducement has been offered to it for this Agreement; and (E) it has full power and authority to execute this Agreement, and this Agreement is legal, valid, binding, and enforceable on or against it. 7) Costs acid lsxpexxses In the event of any dispute bet4veetx tlxe City and Bltxe Midge regarding the natters set forth in this Agreem cztt, the prevailing Party i tx such dispute shall be eirtitled to r ecover from the non prevailing Party or Part ies all costs and expenses incurred by it in connection with such dispute, including, without limitation, attorney fees and expenses, 8) Multi Cotutterparts; Fatted Signatures This Agreement txaay he executed in m ultiple counterparts and faxed of emailed signatures shall have the same effeet as originals heretmd 9) This Agreement al become a binding obligation on the signatories upon execution by all signatories hereto. City warrants and represents that the individual executing this Agreement on behalf of City has full authority to execute this .Agreement. Blue Ridge warrants and represents that the individual executing this Agreement on behalf of Blue Ridge has full authority to execute this Agreement, 10) In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof 11) BLUE RIDGE RELEASES, ACQUITS, INDEMNIFIES, AND HOLDS HARMLESS AND AGREES TO DEFEND CITY, ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL KINDS OF CLAIMS, DEMANDS, LOSSES, DAMAGES, INJURIES, RIGHTS, CLAIMS, LAWSUITS, CAUSES OF ACTION, OR JUDGMENTS OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES, COSTS AND EXPENSES, WHICH MAY ARISE OUT OF, BE RELATED TO, OR BE iN CONNECTION WITH ANY BREACH OF BLUE RIDGE'S OBLIGATIONS HEREIN. CI OF r ND, TEXAS BLUE RIDGE LANDFILL TX, LP By: Allied Waste Landfill Holdings, Inc. anny Cameron its General Part, Director of Public Works B y. ,(riir Date: 42obi 4 Date: /z. og-N