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2005-12-05 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPLANNING AND ZONING MINUTES REGULAR MEETING CITY OF PEARLAND PLANNING AND ZONING COMMISSION DECEMBER 5, 2005 AT 6:30 P.M. 2ND FLOOR CONFERENCE ROOM CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The Regular Meeting was called order at 6:31 p.m. with the following present: P&Z Chairperson Ruby Sandars P&Z Vice -Chairperson Todd locco P&Z Commissioner Sheryl Greiner P&Z Commissioner Neil West P&Z Commissioner Henry Fuertes P&Z Commissioner Susan Sherrouse P&Z Commissioner Darrell Diggs Also in attendance: Assistant City Manager Nicholas Finan, Planning Director Lata Krishnarao, City Engineer Doug Kneupper, Senior Planner Theresa Grahmann, Plan and Plat Administrator Richard Keller, Planner 1 Diana DuCroz, Deputy City Attorney Nghiem Doan and Planning Administrative Secretary Judy Krajca II. APPROVAL OF MINUTES: November 21, 2005 (followed JPH) Commissioner Neil West made the motion to approve the minutes, and Henry Fuertes seconded. Mr. Fuertes stated two corrections needed to be made. The first was the spelling of his last name, on page one; and, the second was under New Business Item O, found on page nine. The Vote had been omitted and needed to be added as "The vote was 5-0. The plat was approved." The vote was 7-0 to approve the minutes with corrections. P&Z Minutes, 12/5/05 Page 1 of 9 PLANNING AND ZONING III. NEW BUSINESS P&Z Chairperson Ruby Sandars introduced the newest P&Z Commissioner Darrell Diggs. A. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SOUTHEAST REGENCY MEDICAL CENTER A request by Chris L. Hendrick, The Wilson Survey Group, Inc., for Landquest, LLC, owner, for approval of a Final Plat subdivision of 6.6022 acres in the E.T.J. into 2 lots for non-residential use. The plat is located east of S.H. 288 south of McHard Rd Planner I Diana DuCroz read the Staff Report. There were no outstanding items. P&Z Vice -Chairperson Todd locco made a motion to recommend approval, and P&Z Commissioner Susan Sherrouse seconded. There was no discussion. The vote was 7-0. The final plat was approved. P&Z Chairperson Ruby Sandars recessed the P&Z Meeting at 6:35 p.m., to conduct a public hearing. B. PUBLIC HEARING — REPLAT OF SOUTHERN TRAILS PHASE I SECTION 5 P&Z Chairperson Ruby Sandars opened this public hearing at 6:35 p.m. A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, LP, owner, for a replat of the Allison -Richey Gulf Coast Home Company Subdivision for a new residential subdivision, Southern Trails Phase 1 Section 5. The property is located north of future Southern Trails Drive in the Southern Trails PUD south of Broadway Planner I Diana DuCroz read the Staff Report. The applicant was not present. There was no one present to speak for or against this replat. P&Z Minutes, 12/5/05 Page 2 of 9 PLANNING AND ZONING Plan and Plat Administrator Richard Keller stated that the Attorney for this plat had told the developers this would have to be called a replat. There were no other comments. P&Z Chairperson Ruby Sandars adjourned the Public Hearing at 6:37 p.m. P&Z Chairperson Ruby Sandars re -opened the P&Z Meeting at 6:37 p.m. C. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SOUTHERN TRAILS PHASE 1 - SECTION 5 A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, LP, owner, for approval of a Final Plat subdivision of 13.65 acres in the Southern Trails PUD for right-of-way for Southern Trails Drive and Kingsley Drive and for two reserves for landscaping, open space, detention, drainage, and trails. The property is located south of Broadway and east of Almeda School Road (Kingsley Drive) Planner I Diana DuCroz read the Staff Report. There was one outstanding item. Recordation data for adjoining offsite easements should be added to the mylar. P&Z Vice -Chairperson Todd locco made a motion to approve with staff comments, and Henry Fuertes seconded. There was no discussion The vote was 7-0. This Final plat was approved with staff comments. D. CONSIDERATION & POSSIBLE ACTION - Request by Andy Mersmann, PE, Dannenbaum Engineering Corp, for a variance to Section 27-4 (B) (2) Block Length Requirements of the Subdivision Ordinance for the Shadow Creek Town Center Final Plat A request by Andy Mersmann, PE, Dannenbaum Engineering Corp, for WCF Development, LLC, and Memorial Hermann Hospital System, owners, for a variance to Section 27-4 (B)(2) Block Length Requirements of the Subdivision Ordinance to permit blocks longer P&Z Minutes, 12/5/05 Page 3 of 9 PLANNING AND ZONING than 1200 feet in length. The property is located at the northwest corner of the intersection of S.H. 288 and Broadway Plan and Plat Administrator Richard Keller stated he was advised by legal counsel that the P&Z Commission did not need to take action on this variance. Deputy City Attorney Nghiem Doan stated his legal opinion being there is no maximum block length. Planning Director Lata Krishnarao clarified that the variance came to Staff late, arriving on the Thursday prior to this P&Z meeting. It had to be placed on the agenda, and then staff sought legal advice. Staff did so and it was determined that a variance was not necessary. City Engineer Doug Kneupper added that there was no issue with the block lengths in commercial property. This item was not acted on. E. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK TOWN CENTER A request by WCF Development, LLC, and Memorial Hermann Hospital System, owners, for approval of a Final Plat of 110.41 acres zoned Commercial (C) and PUD into five lots for commercial use. The plat is located at the northwest corner of the intersection of Broadway and S.H. 288 Planner I Diana DuCroz read the Staff Report. There were thirteen outstanding items. These items were: (1) Review title report, (2) Approve Traffic Impact Analysis, (3) Approve Construction Plans, (4) Utility Company approval letters, (5) Tree Mitigation Plan required, (6) 100 -ft of right-of-way on Memorial Hermann Dr., (7) Recordation data of right-of-way for Broadway St., (8) labeled PUD, (9) add "at the time of platting" to Note 16, (10) Correct front Building Line on Lot A, (11) Revise plat lettering and numbering, (12) Eliminate the line/lettering overlap of PUD zone (20' ROAD), and (13) Drainage Plan must be approved by the BDD prior to final plat approval. P&Z Vice -Chairperson Todd locco made the motion to approve for the sake of discussion, and Commissioner Greiner seconded. P&Z Chairperson Sandars stated that this plat is very similar to the HCA Plat that went through all the proper channels for review and approval. This Plat is being pushed through by City Council and Staff has had to work overtime to get it on the agenda for tonight. She asked the Commissioners to keep in mind that several P&Z Minutes, 12/5/05 Page 4 of 9 PLANNING AND ZONING outstanding items are being reviewed and normally the Commission does not approve until such items have been okayed by Staff; and other items could be approved while being considered by Staff. Assistant City Manager Finan explained that Council is asking for this approval because Memorial Hermann Hospital has applied for a Variance, requesting that construction be allowed to begin prior to the infrastructure being in place. Building permits are not allowed until the final plat has been approved and recorded and the public improvements are in place. Council was wanting the final plat approved before hearing such variance. P&Z Vice -Chairperson Todd locco stated that as a general rule when the Commission has four or five outstanding items, the Commission would deny a plat. He concluded that he would be consistent here. Deputy City Attorney Doan stated that the Commission should be consistent in the approval or denial of final plats. Jack Carter of Dannembaum Engineering spoke on behalf of Memorial Hermann Hospital. He stated that they were anxious to start construction. They've had several delays due to the TIA. They are willing to iron out these thirteen outstanding items while construction begins. They are currently working hard to get these resolved. There was much discussion among the Staff, Deputy Attorney, Commission and the Engineering Company, regarding the thirteen outstanding items. There was no further discussion. The vote was 0-6-1. The Final Plat was denied due to the thirteen outstanding items. The Commission felt the plat was rushed through the process. When too many negative items are presented, the Commission needs to be consistent and deny. P&Z Commissioner Fuertes abstained with no comment. F. CONSIDERATION & POSSIBLE ACTION - PRELIMINARY PLAT OF LANGE SUBDIVISION A request by John G Thomas, Thomas Land Surveying, for Randy Lange, owner, for approval of a Preliminary Plat of 4.9292 acres for one lot zoned Light Industrial (M-1). The property is located at 3149 Harkey Road south of Fite Road P&Z Minutes, 12/5/05 Page 5 of 9 PLANNING AND ZONING Planner I Diana DuCroz read the Staff Report. There were three outstanding items: Ordinance of SUP should be added to Note 6, Streetlights should be provided on Harkey Rd and Wagon Trail Rd, and the square footage of the right-of-way dedication area should be checked. P&Z Vice -Chairperson Todd locco made a motion to recommend approval with staff comments, and P&Z Commissioner Fuertes seconded. There was no discussion. The vote was 6-0-1. Mr. Darrell Diggs abstained as he felt he did not have enough knowledge for this vote. The Plat was approved with Staff comments. G. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF MEDICAL COMMONS OF PEARLAND A request by Robert Lin, Lin Engineering Inc, for Medical Commons of Silverlake, Ltd, owner, for approval of a Preliminary Plat of 14.9033 acres zoned General Business (GB) for six lots. The property is located on the north side of Broadway at C.R. 90 Planner I Diana DuCroz read the Staff Report. There was one outstanding item that might require a change on the TIA. P&Z Vice -Chairperson Todd locco made the motion to recommend approval with staff comments, and P&Z Commissioner Sheryl Greiner seconded. There was no discussion. The vote was 7-0. The plat was approved with staff comments. H. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF PEARLAND 123 SECTION TWO A request by Scott Owen, PE, Brown & Gay Engineers, for Musgrave-Grohman Ventures, Ltd, owner, for approval of a Preliminary Plat subdivision of 39.04 acres in the Pearland 123 PUD for 140 residential lots. The property is located west of Pearland Parkway and north of Broadway, and is described as P&Z Minutes, 12/5/05 Page 6 of 9 PLANNING AND ZONING follows Planner I Diana DuCroz read the Staff Report. There were three outstanding items: the need for an updated General Plan, a 10 -ft. landscape strip along Orange Street, and a note to be added to the plat regarding the masonry fence facing Old Alvin Road. P&Z Vice -Chairperson Todd locco made the motion to approve with staff comments, and Commissioner Henry Fuertes second. There was much discussion on this plat pertaining to the three outstanding items and the original PUD. The vote was 4-2-1. The plat passed with staff comments. Commissioner Darrell Diggs abstained as he was unfamiliar with the PUD and all the history with it. Vice -Chairperson locco's voted denial because the voice of the people was not presented and accepted in the final approved PUD. Commissioner Greiner voted denial stating dissatisfaction that the PUD is not reflecting the concerns and issues of the citizens from the Joint Public Hearing I. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SOUTHERN TRAILS PHASE 1 SECTION 6 A request by Randy Riley, Kerry R Gilbert & Assoc, for Ashton Southern Trails JV, owner, for approval of a Preliminary Plat subdivision of 26.8 acres in the Southern Trails PUD for 103 residential lots, with the remainder reserved for open space and utilities. The property is located south of Broadway and east of Almeda School Road (Kingsley Drive), and is described as follows: Planner I Diana DuCroz read the Staff Report. There was one outstanding item in regards to the reserve area along Almeda School Road. P&Z Vice -Chairperson Todd locco made the motion to approve with staff comments, and Commissioner Susan Sherrouse seconded. City Engineer Doug Kneupper addressed the thoroughfare issue. Mr. Randy Riley, of Kerry Gilbert & Associates spoke in regards to the landscape easements. The vote was 7-0. The final plat was approved with staff comments. P&Z Minutes, 12/5/05 Page 7 of 9 PLANNING AND ZONING Chairperson Ruby Sandars recessed the meeting at 7:42 p.m. for the Commission to join Council in the Council Chambers for a Joint Public Hearing. P&Z Chairperson Sandars re -opened the meeting at 9:47 p.m. J. CONSIDERATION & POSSIBLE ACTION — OLD TOWNSITE DOWNTOWN DEVELOPMENT DISTRICT PLAN REGULATING CODE Based on discussion in the Joint Public Hearing, discussed earlier in the evening, it was decided to table the Old Townsite Regulating Code. Chairperson Ruby Sandars made a motion to table the OTS Regulating Code, and Vice -Chairperson Todd locco seconded. The vote was 7-0 to table the OTS Regulating Code. K. DISCUSSION ITEM Training Opportunities for the Planning and Zoning Commissioners. The P&Z Commission will meet on January 9, 2006 in the 2nd floor conference room at 6:30 p.m. for a training session with Planner and Attorney Kim Mickelson. All members need to be present. Discussed National and State APA Conferences in 2006. Planning Director Krishnarao asked the Commissioners to begin considering if they will attend. Commissioner Fuertes asked to attend a Pre -Development Meeting in order to get an understanding of what staff encounters so that he can better understand his job as a Commissioner. All Commissioners showed interest in a brief overview training of staff and their responsibilities. IV. NEXT MEETING DATES V. ADJOURNMENT January 9, 2006 Training January 16, 2006 JPH & Regular Meeting of P&Z Chairperson Sandars adjourned the meeting at 10:07 p.m. P&Z Minutes, 12/5/05 Page 8 of 9 PLANNING AND ZONING These minutes are respectfully submitted by: — C 0— Judy Kra' a Planning Administrative Secretary 4Minutes approved as submitted and/or corrected on this (� ��` day of —WA-IVL�L' 2006. Ruby San ars Planning knd Zoning Chairperson P&Z Minutes, 12/5/05 Page 9 of 9