2008-04-07 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD APRIL 7, 2008 AT 6:30 P.M., IN THE 2ND
FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS
I. CALL TO ORDER
Chairperson Henry Fuertes called the meeting to order at 7:17 p.m. with
the following persons present:
Chairperson Henry Fuertes
Commissioner Neil West
Commissioner Susan Sherrouse
Commission Ron Capehart
Commissioner Charles Gooden, Jr.
Commissioner Darrell Diggs
Also in attendance were: Planning Director Lata Krishnarao, Senior
Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller,
Planner Tim Chi, Deputy City Attorney Nghiem Doan, Assistant City
Manager Nick Finan, and Administrative Secretary Judy Krajca.
II. APPROVAL OF MINUTES
Commissioner Charles Gooden, Jr. made the motion to approve, and
Commissioner Capehart seconded the motion.
The vote was 6-0 for approval of the minutes of March 17, 2008.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF
SOUTHERN TRAILS, PHASE 1, SEC. 9-A
A request by Eric Johnson, Pate Engineers, Inc., for CL, Ashton
Action Woods, L.P., owner, for approval of a final plat of 16.34 acres
Deadline: zoned Southern Trails Planned Unit Development (PUD). The
4/10/08 applicant is proposing (56) lots located east of Kingsley Drive and
south of Southern Trails Drive and the property is described as
follow:
A subdivision of 15.34 acres out of the H.T. & B.R.R. Co. Survey,
Sec. 80, A-564 City of Pearland, Brazoria County, Texas. Also
being out of the Allison -Richey Gulf Coast Home Company
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Subdivision, part of lots 3, 4, 13, 14, 15, & 23, Block 80 as recorded
in Volume 2, Page 98, B.C.P.R.
Plans and Plat Administrator Richard Keller read the staffs report.
There are no outstanding items, and staff recommends approval.
Commissioner Susan Sherrouse mdde the motion to approve, and
Commissioner Capehart seconded.
There was no discussion.
The vote was 6-0. The Final Plat of Southern Trails, Phase 1, Sec.
9-A was approved.
B. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF
STONEBRIDGE SEC. 2
A request by Hojin Lim, Brown & Gay Engineers, Inc., for
Action Musgrave-Grohman Ventures, Ltd., owner, for approval of a final
Deadline: plat of 39.04 acres zoned Stonebridge (Pearland Parkway) Planned
4/10/08 Unit Development (PUD). The applicant is proposing (140) lots
located north of Orange Street, east of Old Alvin Road, and west of
Pearland Parkway and the property is described as follow:
A subdivision of 39.04 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 County, Texas.
Plans and Plat Administrator Richard Keller read the staffs report.
There was one outstanding item, being the approval of the Tree
Disposition Plan, by the City Urban Forester. Staff recommends
approval with condition that the Tree Disposition be approved
before recordation of the plat.
Commissioner Ron Capehart made the motion to approve with
Staff comments, and Commissioner Darrell Diggs seconded.
The vote was 6-0. The Final Plat of Stonebridge Sec. 2 was
approved with the condition that the Tree Disposition be approved
before recordation of the plat.
C. CONSIDERATION & POSSIBLE ACTION — VARIANCE
REQUEST NO. P&Z 2008-01
A request by Gilbert Guzman, Land Maps & Information, for Carlos
Vasquez, owner, for approval of a variance request for undersized
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lot width at 2413 Roy Road described as follows: Being 2.7430
acres out of that certain 9.743 Acre tract conveyed to Hopper Oil
Tool Company, Inc. by Deed dated December 27, 1985, Recorded
in Volume 226, Page 639 and re -filed in Volume 329, Page 741
both of the Official Records of Brazoria County, Texas also being
Part of Lot 18 of the Allison Richey Gulf Coast Home Company
Subdivision, according to plat recorded in Volume 2 Page 23 of the
F.B. Drake Survey, Abstract No. 504.
Commissioner Darrell Diggs made the motion to approve, and
Commissioner Capehart seconded.
Plans and Plat Administrator Richard Keller read the request for a
variance. Mr. Keller stated that staff recommends denial of the
variance. The created lot does not meet the width requirement for
General Commercial (GC) zoning, by 3.7 feet.
Mr. Gilbert Guzman spoke on behalf of the owner stating his
hardship. The previous business owner deeded the 2.7430 acres
to Mr. Carlos Vasquez with Mr. Vasquez taking over the business
known as Hopper Oil Tool Company, Inc. The parcel is 3.7 feet
short of meeting the width requirement for conformity in the GC
zoning district.
There was much discussion among Commission/Staff/Legal with
the proposal of other options, such as the owner purchasing the 3.7
feet; or, asking for it to be deeded to them by the Hopper Estate.
Discussion continued with concerns expressed by Staff as to why
the Surveyor did not explain to the applicant that the property would
have to be platted, at the time the new survey was prepared in
2005.
Commissioner Darrell Diggs made the motion to table the variance,
and Commissioner Charles Gooden, Jr. seconded.
The Variance Request No. P&Z 2008-01 was tabled. The applicant
was asked to work with Staff towards a solution.
D. CONSIDERATION & POSSIBLE ACTION — VARIANCE
REQUEST NO P&Z2008-02
A request by Matthew and Alyssa Morgan, owners, for approval of
a variance request for 60' right-of-way, dead-end street length of
630' without a cul-de-sac for access to property described as
follows: 0/0 Hillhouse Road, Pearland, TX 77581, Tract 1, Acres
1.952, Block 1, A0506 H T & B RR, A & S Estates, Lot 1, Block 1.
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City Engineer Narciso Lira made the staff presentation. Mr. Lira
stated the applicant purchased property that is landlocked, and is
proposing to plat a 60 -foot Right -of -Way, which will include
construction of a street to access their property.
There was much discussion among the Commission/Staff/Legal.
Mr. Lira explained that Staff is looking into possibly revising the
Unified Development Code (UDC) from 70 -feet R -O -W to 60 -feet R -
O -W. Mr. Lira also discussed whether to require a cul-de-sac or
another approved turn around with the Fire Marshal's approval.
Discussion continued with regards to the cul-de-sac.
The Commission asked for clarification of what the variance is they
are considering.
Planning Director Lata Krishnarao explained:
1. Allow length of cul-de-sac to be over 600 feet.
2. Waiver from requirement of a bulb cul-de-sac, using another
cul-de-sac, with the Fire Marshal's approval.
3. Right -of -Way required of 70 -feet, and applicant is proposing
60 -feet.
Planning Director Lata Krishnarao brought up the discussion to
make this road and cul-de-sac work for other landlocked properties,
such as those to the west of the Morgan's.
Discussion continued, with Planning Director Krishnarao explaining
to the Commission that the item could be tabled, in order for Staff to
work with the Fire Marshal and Public Works Director.
Commissioner Susan Sherrouse made the motion to approve with
stipulations, as follows:
1. 60 -feet Right -of -Way for public road to be built meeting city
standards
2. Cul-de-sac being modified for the length of 630 -feet if
approved by Fire Marshal
Commissioner Neil West seconded the motion.
Discussion continued.
Commissioner Susan Sherrouse made an amendment to the
motion, and Commissioner Ron Capehart seconded, for the
following:
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1. 60 -feet Right -of -Way for private road to be built meeting city
standards
2. Cul-de-sac being modified for length of 630 -feet if approved
by the Fire Marshal and Public Works, for emergency vehicle
use.
Commissioner Darrell Diggs feels this needs to be set aside until
questions can be answered, as he feels there are too many
undocumented questions brought up.
The vote for the Amendment to the motion was 5-1. The
Amendment was approved as:
1. 60 -feet Right -of -Way for private road to be built meeting city
standards
2. Cul-de-sac being modified for length of 630 -feet if approved
by the Fire Marshal and Public Works, for emergency vehicle
use.
Commissioner Darrell Diggs voted in opposition.
The vote for the original motion was 5-1. The motion was approved
as:
1. 60 -feet Right -of -Way for public road to be built meeting city
standards
2. Cul-de-sac being modified for the length of 630 -feet if
approved by Fire Marshal
Commissioner Darrell Diggs voted in opposition.
E. DISCUSSION ITEMS
There was brief discussion in regards to the National APA
Conference. Deputy City Attorney Nghiem Doan spoke about staff,
specifically Legal Counsel's role with the Planning and Zoning
Commission. Mr. Doan asked for the Commissions input about the
legal aspect of Legal Counsel's role. Feedback consisted of the
Commission's appreciation for his input, and if a legal opinion is
offered, the Commission appreciates receiving this information
early in the consideration and action process. The Commission
also felt that Legal takes a more active role, possibly because the
Commission is an appointed body, where as, the Council is an
elected body. The Commission has never felt Legal Counsel was
trying to steer the Commission to vote a particular way, and asked
that when he does interject, he not be too blunt, so as not to appear
as if he is snapping at the Commission.
IV. ADJOURNMENT
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Chairperson Henry Fuertes adjourned the meeting at 9:02 p.m.
These minutes are respectfully submitted by:
Judy Kr 4a, Pla ing S cr ary
Minutes approved as submitted and/or corrected on this 21st day of April, A.D.,
2008.
&Z erson, Henry uertes
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