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HomeMy WebLinkAbout03122009 ZPC Minutes (L=N) City of West University Place A Neighborhood City ® Recycled Paper ZONING & PLANNING COMMISSION BILL WATSON CONFERENCE ROOM 3800 UNIVERSITY BOULEVARD MEETING MINUTES March 12, 2009 MEMBERS PRESENT: Steve Brown, Selby Clark, Allan Elkowitz, Dick Yehle, Mac McManus and Bruce Frankel MEMBERS ABSENT: none COUNCIL: none STAFF PRESENT: Chris Peifer, ACM/Public Works Director, Debbie Scarcella, City Planner; Sallye A. Clark, Planning Assistant and James Dougherty, City Legal Counsel Call to Order - With quorum present at 6:15 p.m., Steve Brown called the meeting to order. 1. Notices, Rules, Etc. Steve Brown welcomed everyone and ZPC members and staff introduced themselves. Steve Brown informed ZPC that City Council approved a joint public hearing on February 23, 2009 to be held on March 23, 2009. ZPC requested that staff notice a ZPC meeting to take place after the joint public hearing on March 23, 2009. 2. Minutes. February 12, 2009. Mac McManus made a motion to approve as written. Bruce Frankel seconded. Ayes: Steve Brown, Selby Clark, Allan Elkowitz, Dick Yehle, Mac McManus and Bruce Frankel. Noes: none. Motion passed. Minutes approved. 3. Matthews Market Plat. Steve Brown read the application information for the Public Hearing of 6203 and 6207-6217 Edloe. The applicant requests final plat approval (with a waiver of the requirement to get preliminary plat approval first) for Mathew's Market, a subdivision of 0.8006 acres situated in the A. C. Reynolds Survey, Abstract No. 61 of Harris County, Texas. The proposed plat is divided into two unrestricted reserves and two common use areas (public utility /drainage reserves). The applicant also requests the Zoning and Planning Commission consider variances from strict compliance with provisions of Chapter 74 for the following items: 1. Not all of the site drains to Edloe Street (The portion of the site behind the existing buildings drains directly to Poor Farm Ditch). 2. There is no public sidewalk in or adjacent to Edloe Street (An alternative interim public sidewalk easement is proposed on the plat). 3800 University Boulevard 9 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Zoning & Planning Commission Minutes March 12, 2009 Meeting Page 2 of 4 3. There are impaired public easements for utilities and drainage (this could be construed as a variance matter). Reid Wilson, attorney representing the applicants gave a presentation of the request. Steve Brown asked if there was anyone who wished to speak. No one requested to speak. James Dougherty, legal counsel gave a staff report as follows: The applicant requests final plat approval, with a waiver of the requirement to obtain preliminary plat approval first. The Zoning and Planning Commission has the authority to waive this requirement for simple replats and other appropriate plats, "when, in the judgment of the Z&PC, sufficient information is available from the official site plan or other sources." The applicant is also requesting variances from strict compliance with City ordinances: 1. Drainage Flow. Section 74-113 requires all drainage from lots in a "new subdivision" to be directed to the street, "unless otherwise indicated on the final plat." The rear portions of the property sheet flow to Poor Farm Ditch and empty directly into the ditch without an internal drainage system. Note: The proposed drainage into Poor Farm Ditch is essentially the status quo. It has probably been that way many years. If the Commission approves it, there should be a noted added to the plat to indicate which part of the site is allowed to drain directly into Poor Farm Ditch. 2. Public Sidewalk. Section 74-105 (and other sections of the Code of Ordinances) requires the installation of public improvements and facilities to serve the subdivision. There should normally be a public sidewalk within or adjacent to the abutting public street right of way (here, Edloe Street). However, if the applicant installs a public sidewalk in the normal location, the sidewalk would be behind the existing "head-in" parking spaces along Edloe, creating possible unsafe conditions for pedestrians and vehicles that are required to back out of the parking spaces. This is an especially acute problem because of the nearby elementary school and pre-school. To address this problem, the applicant has offered to dedicate an interim easement for a public sidewalk adjacent to the building fronts (across the interior of the site), with connections to the Edloe Street right of way. There is a special clause in the dedication requiring the City to release the interim easement when (and if) a substitute sidewalk is ever provided to replace it (see Note 15 on the proposed plat). Note: The interim sidewalk solution is better, in the judgment of staff, than installing a new sidewalk behind a row of parked cars. It will route pedestrians along a safer path, and it will bring them close to the store fronts, which may help to revitalize the area. 3. Utility and Drainage Easements. Chapter 74 requires that public easements be dedicated for public utilities and drainage. In this case, the easements should be located across the rear of the property, because that is where the existing facilities (including a City water line) have been built. However, there are three existing easements across the rear of the property: (1) a 15- foot wide strip along the existing Poor Farm Ditch granted to an old Harris Zoning & Planning Commission Minutes March 12, 2009 Meeting Page 3 of 4 County drainage district (probably now part of Harris County Flood Control District); (2) an adjacent 10-foot strip plus aerial easement granted to Houston Lighting & Power Company (now CenterPoint Energy); and (3) a later 10-foot strip overlapping the HL&P easement granted to HCFCD (which makes a total width of 25 feet for HCFCD). All of the prior easements are shown on the proposed plat. It is possible to add new public easements for drainage and public utilities as "overlays" atop the existing easements, and the proposed plat would do so. However, unless the existing easement owners abandon or subordinate their easement rights, the new "overlay" public easements will be impaired. Notes. Reportedly, the applicants have attempted to obtain abandonment or subordination, but without success. Apparently, neither HCFCD nor CenterPoint will consent to the overlay of new public easements (or any other feature of the plat). As a result, staff believes that it would be prudent to plan for the possibility that HCFCD or CenterPoint may someday require that utility facilities be removed or relocated in the rear area. Should that ever happen, a new location may be needed. The applicants have offered to dedicate a new ten foot public utility easement across the front of the property for this purpose, and it is shown on the proposed plat. If the Commission approves this approach, staff would recommend that the dedication of the "overlay" public utility easement in the rear be clarified (the draft plat submitted on March 10 shows only ten feet plus a five-foot aerial easement, it should be 25 feet plus a five-foot aerial easement, and Notes 13 and 14 should be corrected and conformed). Bruce Frankel made a motion to grant the waiver and approve both the preliminary and final plat with the variances to allow the rear portion of the lot to maintain the status quo and surface drain to poor farm ditch (a delineation as shown on the site plan must be added to the plat); accept the interim sidewalk easement as drawn on the plat; and to accept the easements on the plat delineating the 25' public utility easement overlay at the rear, and the 10' public utility easement in the front of the property. Mac McManus seconded. Ayes: Steve Brown, Mac McManus, Bruce Frankel, and Dick Yehle. Noes: Alan Elkowitz Selby Clark not voting as he left the meeting at 7:25 during discussion of agenda item three with a quorum still present. Motion passed. 4. Basements and other Subterranean Structures. The commission discussed the comments by city council at the workshop in February and made several revisions to the preliminary draft written by staff. Staff was instructed to revise the draft and get with the Building Official to try to incorporate any comments from the BSC (they were scheduled to discuss the same draft tonight) and bring back for further discussion at the next meeting. Adjournment. Dick Yehle made a motion to adjourn. Bruce Frankel seconded. Ayes: Steve Brown, Allan Elkowitz, Dick Yehle, Mac McManus and Bruce Frankel. Noes: none. Motion passed. Meeting adjourned at 9:00 p.m. Zoning & Planning Commission Minutes March 12, 2009 Meeting Page 4 of 4 PASSED THIS DAY, OF , 2009 Steve Brown, Presiding Officer' ATT T: - odb~t Sallye A. Cl , Planning Assistant