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2005-08-01 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPLANNING & ZONING COMMISSION MINUTES REGULAR MEETING CITY OF PEARLAND PLANNING AND ZONING COMMISSION August 1, 2005 AT 6:30 P.M. 2nd FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TX I. CALL TO ORDER The Regular Meeting was called to order at 6:40 pm. with the following present: P & Z Chairperson Ruby Sandars P & Z Vice Chairperson Todd locco P & Z Commissioner Neil West P & Z Commissioner Sheryl Greiner Also in attendance: Executive Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller, Planner 1 Diana DuCroz, Deputy City Attorney Nghiem Doan and Planning Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES: July 18, 2005 — Regular Meeting Vice Chairperson locco made a motion to approve the minutes as presented, and Commissioner Greiner seconded. Minutes were approved 4-0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of GSL Plat No. 2005 A request by Dan Massiatte for GSL Investments, Inc. for approval of a Preliminary Plat of 3.2585 acre parcel located in the City of Pearland Extra -Territorial Jurisdiction (E.T.J.) into one lot for commercial use. The plat is located at the southwest corner of the intersection of Beltway 8 and Almeda School Road in Harris County, and is described as follows: 3.2585 acres of land, R. Blackburn Survey, A-160, Harris County, Texas Planner I Diana DuCroz read the staff report. There were no outstanding items. There was no discussion by the Commissioners/Staff. Commissioner Greiner made the motion for approval, and Vice -Chairperson locco seconded. Page 1 of 8 PLANNING & ZONING COMMISSION The vote was 4-0 for approval. B. CONSIDERATION & POSSIBLE ACTION — Final Plat of Cold River Ranch Phase 2 A request by Mark Dizdar, Grande Valley Homes, LLC, for approval of a Final Plat subdivision of 43.281 acres in the Pearland E.T.J. for 217 residential lots, with five reserves of 4.261 acres. The property is located east of C.R. 48 and south of C.R. 58, and is described as follows: 43.281 acres out of Lots 7, 8, 9, 10, 11 and 12, out of Emigration Land Company Subdivision of the J.S. Talmage Survey No. 76, Abstract No. 562, Brazoria County Map Records, as recorded in Vol. 2, Pg. 81-82, B.C.P.R., Brazoria County, Texas. Planner I DuCroz read the staff report. Phase I was approved earlier this year. There were no outstanding items. Vice -Chairperson locco made a motion for approval, and Commissioner Greiner seconded. Commissioner West asked what the size of the lots were in the Phase I. Ms. DuCroz responded they were about the same size as this plat. The vote was 4-0 for approval. C. CONSIDERATION & POSSIBLE ACTION — Final Right -of -Way Plat of Shadow Creek Ranch Portion of Trinity Bay Drive and Arcadia Bay Drive A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Right -of -Way Plat of 4.887 acres in Shadow Creek Ranch for a portion of Trinity Bay Drive and Arcadia Bay Drive. The property is located in the western portion of Shadow Creek Ranch in Fort Bend County, and is described as follows: 4.887 acres being out of the H.T. & B.R.R. Company Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Planner I Ducroz read the staff report. There was one outstanding item. Commissioner Greiner made a motion for approval with staff recommendation, and Vice Chairperson locco seconded. There was no discussion by Commissioners/Staff. The vote was 4-0 for approval. Page 2 of 8 PLANNING & ZONING COMMISSION D. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF -48 A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 20.972 acres of land in Shadow Creek Ranch and zoned SCR -PUD R-7 into 49 residential lots, with eight reserves of 9.543 acres for landscaping, open space, drainage, power lines, and pipelines. The property is located in the western portion of Shadow Creek Ranch mostly in Fort Bend County, and is described as follows: 20.972 acres being out of the George Mac Donald Survey, Abstract 557, the S.G. Haynie Survey, Abstract 620, the H.T. & B.R.R. Co. Survey, Sec. 83, Abstract 761, City of Pearland, Fort Bend County, Texas, and the S.G. Haynie Survey, Abstract 212, City of Pearland, Brazoria County, Texas Planner I DuCroz read the staff report. There was one outstanding item of the Base Flood Elevation with the year of adjustment should be added to Note No. 15. Vice -Chairperson locco made a motion for approval with staff recommendations, and Commissioner Greiner seconded. There was no discussion from the Commissioners/Staff. The vote was 4-0 for approval. E. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch Commercial Site 16-A A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 2.500 acres in Shadow Creek Ranch and zoned SCR PUD -C (Commerical) into one lot for commercial use. The property is located at the northeast corner of Shadow Creek Parkway and Business Center Drive, and is described as follows: 2.500 acres being out of the T.C.R.R. Co. Survey, Section 4, Abstract 675, City of Pearland, Brazoria County, Texas Planner I DuCroz read the staff report. There were four outstanding items. Vice -Chairperson locco made a motion for approval with staff comments, and Commissioner Greiner seconded. Chairperson Sandars asked Mr. Banda why there were so many outstanding items. Mr. Banda stated that the fees would be paid tomorrow, and he had presented the water and Page 3 of 8 PLANNING & ZONING COMMISSION sewer project limits. Plat Administrator Keller stated that the street lights were required, and Mr. Banda stated it was an oversite on their part. Chairperson Sandars asked staff if they felt satisfied. Plat Administrator Keller replied they were satisfied. The vote was 4-0 for approval. F. CONSIDERATION & POSSIBLE ACTION – Preliminary Plat of Sunrise Lake Center A request by A request by Chris Hendrick, The Wilson Survey Group, for Landquest, LLC, for approval of a Preliminary Plat subdivision of 5.284 acres zoned General Business (GB) into three lots for commercial use, with 0.799 acre reserved for stormwater detention. — The property is located at the northeast corner of the intersection of Sunrise Boulevard and Broadway, and is described as follows: 5.284 acres in the John W. Maxey Survey, Abstract No. 721 in the City of Pearland, Brazoria County, Texas. Planner I DuCroz read the staff comments. There were four outstanding items. Vice -Chairperson locco made a motion for approval with staff recommendations, and Commissioner Greiner seconded. There was no one present representing Sunrise Lake Center. Plat Administrator Keller stated he spoke with the applicant last week. Vice Chairperson locco asked Mr. Keller if they were satisfied. Mr. Keller stated he was. Chairperson Sandars asked the staff if they felt all was adequate with this. Staff replied they were. The vote was 3-1 for approval, with Commissioner Greiner voting against. G. CONSIDERATION & POSSIBLE ACTION – Preliminary Plat of Corrigan Plaza Section 1 A request by Debra Leger -Jordan, Windrose Land Services, for Corrigan Plaza, Ltd., for approval of a Preliminary Plat subdivision of 4.9370 acres zoned General Business (GB) into one lot for commercial use. The property is located at the southwest corner of Broadway and Corrigan Drive, and is described as follows: 4.9370 acres situated in the H.T. & B.R.R. Co. Survey, Section 13, Abstract No. 240, City of Pearland, Brazoria County, Texas. Planner I DuCroz read the staff report. There were no outstanding items. Corrected plats were brought in tonight. Page 4 of 8 PLANNING & ZONING COMMISSION Vice -Chairperson locco made a motion for approval, and Commissioner Greiner seconded. There was no discussion from Commissioners/Staff. The vote was 4-0 for approval. CONSIDERATION & POSSIBLE ACTION — Final Plat of Pearland 123 Section 1 A request by Scott Owen, Brown & Gay Engineers, for Paul Grohman, for approval of a Final Plat subdivision of 44.79 acres in the Pearland 123 PUD for 93 residential lots, with four reserves of 17.5 acres for detention, drainage, park land, and commercial use. The property is located west of Pearland Parkway north of Broadway, and is described as follows: 44.79 acres of land located in the D.H.M. Hunter Survey, A-76 & the H.T. & B.R.R. Co. Survey, A-233, City of Pearland, Brazoria Texas. Planner 1 DuCroz read the staff report. There were two outstanding items. The rest of the outstanding items listed in the staff report have been satisfied. Vice Chairperson locco made the motion for approval with staff recommendations, and Commissioner Greiner seconded. Mr. Owen, with Brown & Gay Engineers was present and responded there was no problem with meeting these requirements. Mr. Owens has had the TIA for a long time and can add a turn lane. There was no further discussion from the Commissioners/Staff. The vote was 4-0 for approval. CONSIDERATION & POSSIBLE ACTION — Final Plat of Spring Meadow Ri ffirlivicinn A request by Mahendra Rodrigo, P.E., GC Engineering, Inc, for John Kelly, owner, for a Final Plat of 41.9495 acres zoned R-2, Medium Density Single Family, for 138 residential lots. The property is located between O'Day and Hatfield Roads, north of future McHard Road, and is described as follows: 41.9495 acres located in the H.T. & B.R.R. Co. Survey, Abstract 544, City of Pearland, Brazoria County, Texas. Planner 1 DuCroz read the staff report. There were two outstanding items. The other outstanding items have already been addressed. Page 5 of 8 PLANNING & ZONING COMMISSION Vice -Chairperson locco made a motion for approval with staff comments, and Commissioner Greiner seconded. There was no discussion among the Commissioners/Staff. The vote was 4-0 for approval. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Jamison Landing A request by Paul H. Dickson, for Jamison Landing Land Co., LP, for approval of a Preliminary Plat subdivision of 17.5127 acres zoned Commercial (C) and Maximum Density Single Family (R-4) for 66 residential lots and one commercial tract. The property is located on the south side of Broadway between Pine Hollow Drive and Pine Valley Drive, and is described as follows: 17.5127 acres of land being the remainder a called 37.421 acre tract, as recorded in volume 1548, Page 473 of the deed records of Brazoria County, Texas, being all of Tract 43, a portion of Tract 30, and a portion of Tract 29, out of the George W. Jenkins Subdivision, according to the map or plat thereof, recorded in Volume 2, page 20 of the deed records of Brazoria County, Pearland, Texas, & Located in the J.F. Perry and E.M. Austin Survey, A-111, City of Pearland, Brazoria County, Texas. Planner 1 DuCroz read the staff report. There were six outstanding items. Applicant has also requested permission for a 20 mph speed limit to have a smaller radius turn, but the City Engineer has recommended against this and is asking for a 30 mph speed limit. Plat Administrator Keller commented on this. The P & Z Commission cannot approve speed limits of less than 30 mph, on the City Council can approve this with an Engineering Study. The City Council can only approve down to 25 mph without an Engineering Study. Vice -Chairperson locco made a motion for approval with staff recommendations. There was discussion between Commissioners and Deputy City Attorney Doan regarding the speed limit. Commissioner Greiner seconded. Chairperson Sandars commented that this is too many outstanding items to come in on a plat. Representatives from Jamison Landing were present and asked Mr. Keller about the center line radius. Mr. Keller stated that it should be made clear if this plat is approved, we should ask that the centerline radius be 230 feet for a 30 mph road. Ms. Krishnarao stated that she recommended in the plat that the applicant show the centerline radius instead of us having to figure this out. There was additional discussion regarding the speed limit Page 6 of 8 PLANNING & ZONING COMMISSION Vice Chairperson locco asked staff if this should be denied. Commissioner West asked if this should be tabled. Deputy City Attorney Doan said this would hold this up two weeks. The representative for Jamison Landing asked that this be tabled. Commissioner West made a motion to table this. Ms. Krishnarao stated it would be best to deny or approve, and not to table this. Mr. Doan agreed to deny or approve. Commissioner West withdrew his motion to table. The vote was 4-0 for approval. K. CONSIDERATION & POSSIBLE ACTION — Request by Randall Riley, Kerry R. Gilbert & Assoc., for a variance from Section 27-3 (A) (2) Special Provisions of the Subdivision Ordinance for Southern Trails Sections One, Three and Four Randall Riley, Kerry R. Gilbert & Assoc. is asking for a variance to have building permits issued for model homes, sales trailers, and a parking lot in Southern Trails Sections One, Three and Four prior to subdivision acceptance by City Council. Planner I DuCroz read the staff report. She stated that the Final Plats have been approved and filed. The City Engineering department has no concerns in granting this variance. Vice -Chairperson locco made a motion for approval, and Commissioner Greiner seconded. Vice -Chairperson locco asked the staff if variances such as this were resolved in the UDC. Deputy City Attorney Doan referred to a section of the Subdivision Ordinance regarding variances. He asked that an undue hardship be shown. There was much discussion between the Commissioners, Staff, and Deputy City Attorney regarding hardships. The applicant was not present to consult with in regards to their hardship. Mr. Keller excused himself to get Assistant City Engineer, Andy Gallagher. Upon Mr. Gallagher's introduction, he was asked what was the hardship. He replied there was none. There was more discussion among the Commissioners. Chairperson Sandars stated that this does not meet the requirements for a variance. Vice -Chairperson stated we should listen to what Deputy City Attorney Doan had to say on Variances. The motion was called in favor of approval. The vote failed 0-4, thereby denying the variance. Page 7of8 PLANNING & ZONING COMMISSION L. ELECTION OF THE PLANNING & ZONING OFFICERS 1) For the position of Chairperson, Vice -Chairperson locco nominated Ruby Sandars for Chairperson. The vote was 4-0 in favor of Ruby Sandars as Chairperson. 2) For the position of Vice -Chairperson, Commissioner Greiner nominated Todd locco. The vote was 4-0 in favor of Todd locco as Vice Chairperson. III. ADJOURNMENT The Regular Meeting adjourned at 7:24 p.m. These minutes respec fully submitted by: Judy Kr j a, PlJAnirg'Xdr#istrative Secretary Minutes appr ved as submitted and/or corrected on this /�7� da of _ Y 2005. XJ Ruby Sandars PlalLing & Zoning Commission Chairperson Page 8 of 8