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Home My WebLink AboutP&Z Minutes 1992-03-05 RegularI [ i l REGULAR MEETING PLANNING AND ZONING C(M,USSION MARCH 5, 1992 7:00 P.M. A REGULAR MEETING OF THE FRIENDSW(X)D PLANNING AND ZONING C(M,USSION WAS HELD ON THURSDAY, MARCH 5, 1992, AT 7: 00 P .M. IN THE CITY HALL COUNCIL CHAMBERS. THE FOLLCWING MEMBERS WERE PRESEN'r: BAI<ER -CHAIRMAN JORDAN FINGER VAN DYKE THCMPSON -CITY ENGINEER HENRY -DEVELOPMENT COORDINA'IDR BRINKMAN -SECRh""TARY WITH A QUORUM PRESENT, KONCABA, COLBURN, AND RODGERS ABSENT, CHAIRMAN BAKER CALLED THE MEETING 'ID ORDER, ASKING FOR Ca.1MUNICATIONS FRa-1 THE PUBLIC. MR. ROBERT WEST ADDRESSED THE CCM-llSSION REGARDING A PIECE OF PROPERI'Y LOCATED AT WINDING WAY AND FM 528. THE PROPERI'Y IS CURREm'LY ZONED CSC (CCM-1UNITY SHOPPING CENTER) AND IS ABU'ITING 'ID A PROPERI'Y ZONED MFR-L (MULTIPLE FAMILY RESIDEN'I'IAL DWEIJ.,ING DISTRICT -I.CW). MR. WEST PROPOSES 'ID REZONE A PORTION OF THE 6+ ACRE TRACT, LEAVING PART CSC AND 'rHE CYI'HER PART MFR-L. THE PROPERI'Y ALREADY ZONED MFR-L WOULD CONNECT WI'l1II THE NEWLY REZONED PROPERTY CREATING A MUCH LARGER MFR TRACT. BOI'H PROPERI'IES ARE CWNED BY THE SAME PERSON. THE CCM,1ISSION TOOK NO ACTION Bur ADVISED MR. WEST OF THE PROCESS OF PROCEEDING WITH HIS REQUEST FOR ZONE CLASSIFICATION CHANGE. MR. RON WEI.DI ADDRESSED 'l'HE C(M,USSION REGARDING A PIECE OF PROPERI'Y LOCATED ON CHESTER DRIVE. THE PROPERTY IS avNED BY MR. NATCHMAN WHO HAD APPEARED BEFORE PLANNING AND ZONING A'l' AN EARLIER DATE. MR. NATCHMAN HAD PROPOSED 'ID SUBDIVIDE HIS 'Iw::> ACRE TRACT OF LAND IN'ID 'Iw::> wrs. THE H�RS WERE OBJECTING 'ID THIS SUBDIVISION AS THEY DESIRED LARGE wrs AND ADVISED THE Ca.1MISSION THAT IT WAS THE DEVELOPER Is INTENT THAT THE wrs REMAIN LARGE. MR. NATCHMAN HAS CONTRACTED A r...o:AL REAL'IDR 'ID SELL THE 'Iw::> PIECES OF PROPERTY. MR. WELCH WISHED 'ID VOICE HIS OPPOSITION ASKING THE Ca-1MISSION WHAT COURSE OF ACTION THE Hc.:MEa'vNERS COUID TAKE. ENGINEER THCMPSON STATED 'l'HAT THE SUBDIVISION WAS AN UNRECORDED SUBDIVISION AND FOR THAT REASON IT WOULD NOI' BE NECESSARY 'ID CAIL A PUBLIC HEARING FOR THE SUBDIVISION PROCESS. CHAIRMAN BAI<ER CCMMENTED THAT HE HAD SPOKEN WITH THE CITY A'.CTORNEY REGARDING PROPERTY SUBDIVISION AND THE AT'IDRNEY HAD INFORMED HIM (BAKER) THAT THE C(M,USSION COULD DENY A REQUEST ON THE BASIS 'l'HAT IT Vl"'OULD VIOLATE THE INTEGRITY m' THE SUBDIVISION. BAKER FURTHER STATED THAT HE WOULD BE OPPOSED 'ID THE SUBDIVISION AS DID Ca-1MISSIONER JORDAN. CHAIRMAN BAKER ADVISED MR. WELCH THAT NATCHMAN HAD ONLY BEEN BEI•'ORE THE C(M,USSION FOR A PREAPP AND THAT SHOULD HE (NATCHMAN) WISH 'ID FURTHER PURSUE THE SUBDIVISION OF HIS PROPERTY, HE WOULD HAVE 'ID APPEAR AGAIN BEFORE THE C(M,USSION. BAKER RECCMMENDED THE H� 1 S CHECK THE AGENDAS FOR THE ITEM 'ID BE POSTED. HE AISO STATED THAT THE AGENDAS WERE POSTED 7 2 HOURS IN ADVANCE OF A MEETING. f 1 l P&Z MARCH 5, 1992 Page 2 1.CONSIDERATION AND POSSIBLE ACTION REGARDING THE PRELIMINARY PLAT OF WINDSOR ESTATES (FORMERLY KNCWN AS LAWRENCE PLACE) -MUNICIPAL ENGINEERING. ENGINEER THCMPSON STATED THAT 1/3 OF THE PROPERTY WAS IN THE FLCX)D PLAIN AND viOULD HAVE TO MEET THE 100 YE.AR FI.OOD ELEVATION. HE FURI'HER STATED THAT CCMPENSITORY STORAGE WOULD BE PROVIDED Bur HE WAS CONCERNED ABOUT A 15' DRAINAGE EASEMENT ACROSS THE RF.AR OF Sa-1E OF THE PROPERTIES WHICH MIGHT PROVE INCONVENIENT TO Sa-1E OF THE HQ'\1EXJi\lNERS. THE DETENI'ION POND WILL BE SIX FEN.I' DEEP AND WILL BE BUILT SO THAT THE WATERS viOULD DRAIN INl'O THE CREEK WHEN THE WATERS SUBSIDED. THCMPSON CCMMENTED THAT THE CITY viOULD MAINTAIN THE POND WITH FUNDS ESCRCMED FRa1 THE DEVELOPER. HE ASKED ABOUT A FENCE AROUND THE POND WHEREIN DISCUSSION FOLI..avED AND THE MAJORITY OF THOSE PRESENT FELT A FENCE WOULD Nor BE NECESSARY. Ca.1MISSIONER FINGER MADE A MOTION THAT PRELIMINARY PLAT OF WINDSOR ESTATES BE APPROVED. SECOND: VAN DYKE VarE FOR: UNANIMOUS OPPOSED: NONE M0rION CARRIED 2.CONSIDER ATION AND POSSIBLE ACTION REGARDING THE FINAL PLAT OF POLLY OAKS SUBDIVISION -GARI'RELL. THIS ITEM WAS NaI' READY AND WAS PASSED OVER BY THE CCMvllSSION. 3.CONSIDERATION AND POSSIBLE ACTION REGARDING THE FINAL PLA'r OF "THE ORCHARD" -MUNICIPAL ENGINEERING. THE Ca.1MISSION REVIEWED THE FINAL PLAT OF THE ORCHARD. ENGINEER THCMPSON SAID THAT THERE WAS A 15 FOOT UTILITY EASEMENT THAT UNDERLIES THE DRAINAGE EASEMENT. THE CITY HAD OBTAINED THE EASEMENT BECAUSE ORIGINALLY THE SEWER FORCE MAIN FOR ANNALEA WAS SUPPOSED TO GO THROUGH TO THE BACK OF THIS PROPERTY; HONEVER, THE CITY PUT THE LINE ON FM 2351. THE CITY WANTED TO REI'AIN THE EASEMENT BUT THAT THCMPSON HAD NO PROBLEM DEDICATING A DRAINAGE EASEMENT ON TOP OF THE UTILITY EASEMENT. DISCUSSION FOLI..avED AND THCMPSON SAID THAT MUNICIPAL ENGINEERING COULD ADD THE EASEMENT BEFORE FILING OF THE PLAT. Ca.1MISSIONER JORDAN MADE A MOTION THAT THE FINAL PLAT OF THE ORCHARD BE APPROVED. S:Ex:OND: VAN DYKE VOTE FOR: UNANIMOUS OPPOSED: NONE MarION CARRIED. 4.CONSIDERATION AND POSSIBLE ACTION FOR THE PRELIMINARY PLAT OF BRIAIMX)D ESTATES (PEARLAND/FRIENDSVO)D BORDER) -DAN RUCKER. THIS ITEM WAS Nar READY AND WAS PASSED OVER BY THE CCM1ISSION. I 1 l I P&Z MARCH 5, 1992 Page 3 5.AGENDA ITEMS AND PLANNING AND ZONING CCMMISSION EXPECTATIONS - FINGER. Ca-1MISSIONER FINGER EXPRESSED HIS FRUSTRATION WHEN PLATS APPEAR BEFORE THE CCM,llSSION WITH SEVERAL CONTINGENCIES. HE FURTHER STATED THAT HE WOUID LIKE 'IO SEE MORE MATERIAL IN THE AGENDA PACKAGES SO THAT THE C<M-1ISSION WOULD HAVE OORE TIME 'IO REVIEW BEFORE THE MEETING. FINGER CCM-1ENTED THAT ACCORDING 'IO THE ORDINANCE, ALL ITEMS WERE 'IO BE IN THE STAFF'S POSSESSION 10 DAYS PRIOR 'IO A MEETING AND IT WAS HIS OPINION THAT THIS MEAN!' EVERYTHING THE STAFF RE)'.JUIRED. FINGER SAID THAT IF ALL ITEMS WERE NOI' IN THE POSSESSION OF CITY STAFF, THE ITEM SHOULD NOI' BE PUI' ON THE AGENDA. THCMPSON SAID THAT SCMETIMES THERE WERE MINOR CHANGES RE)'.JUIRED AFI'ER FINAL SUBMISSION AND ASKED FINGER IF HE \".UULD AI.SO RmUIRE AN ADDITIONAL 10 DAYS AFI'ER THE CHANGES WERE MADE. FINGER SAID THAT BY HIS INTERPRETATION OF THE ORDINANCE, THE ITEM WOULD HAVE 'IO BE RESUBMITTED. THCMPSON SAID THAT WHILE IT WOULD BE BENEFICIAL 'IO CITY STAFF, THERE WOUID BE A DELAY OF 'TI\U WEEKS. C<M,1ISSIONER JORDAN SAID SHE WOULD BE OPPOSED BEX:'AUSE MANY DEVELOPERS HAD CCMPLAINED IN PAST YEARS ABOUT THE TIME FACTOR INVOLVED WHEN SUBDIVIDING PROPERTY AND THE CITY HAD DONE A GREAT OF.AL 'IO STREAMLINE THE PROCESS. CCM,llSSIONER FINGER QUESTIONED THE LEGALITY OF ACCEPTING CHANGES AFI'ER THE 10 DAY DEADLINE AND ASKED IF THE CITY WAS VIOLATING ITS' OWN ORDINANCE. FINGER REX2UESTED THAT ENGINEER THCMPSON CONSULT WITH THE CITY AT'IORNEY IN THIS MATTER. FINGER AI.SO CCMMEN'l'ED THAT HE WOULD LIKE 'IO HAVE PLATS OF THE SUBDIVISIONS APPEARING BEFORE THEM, REDUCED SO THAT THEY '100 COULD FIT IN THE AGENDA PACKAGES. THCMPSON SAID THAT THE PLATS \".UJLD BE IIJ.EGIBLE AND FINGER SAID THAT HE WOULD BE SATISFIED WITH A FULL SIZED PLAT. THCMPSON REMINDED THE CCMMISSION THAT THERE WAS A POSSIBILITY THAT THE PLATS WOULD CHANGE BEIWEEN AGENDA MAIL OUI' AND THE NIGHT OF THE MEETING. 6.MINUI'ES FOR APPROVAL -DECEMBER 19, 1991 and FEBRUARY 20, 1992. DECEMBER 19, 1991 -approved as read (]la��--CLAUDIA L. BRINKMAN -RETARY