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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.
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March 12, 2009 Meeting
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PASSED THIS DAY, OF , 2009
Steve Brown, Presiding Officer'
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Sallye A. Cl , Planning Assistant