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2008-05-05 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD MAY 5, 2008 AT 6:30 P.M., IN THE 2No FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS 1. CALL TO ORDER Vice -Chairperson Jerry Koza, Jr. called the meeting to order at 6:55 p.m. with the following present: Vice -Chairperson Jerry Koza, Jr. Commissioner Neil West 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, and Administrative Secretary Judy Krajca. City Engineer Narciso Lira joined the meeting at 7:15 p.m_ I1. APPROVAL OF MINUTES Commissioner Charles Gooden, Jr. made the motion to approve, and Commissioner West seconded the motion. The vote was 5-0 for approval of the minutes of April 21, 2008. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW CREEK RANCH — BROADWAY STREET EXTENSION FROM COUNTY LINE TO F.M. 521 A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for Pearland Investments, L -P. and the City of Pearland, owners, for approval of a preliminary plat of 9.703 acres zoned Shadow Creek Ranch Planned Unit Development (PUD). The applicants are proposing an extension of Broadway from the Brazoria - Ft. Bend County Line west to F.M. 521 and the property is described as follows: A subdivision of 9.703 acres out of the H.T. & B.R.R. Co_ Survey, Sec. 83, A-761, Sec. 84, A-767 and the F. Hooper Survey, A-198, City of Pearland, Fort Bend County, Texas. Pc&Z Minutes 5/5/08 Page 1 of 5 Plans and Plat Administrator Keller read the staff report stating there were three outstanding items. Commissioner Capehart made the motion to approve with staff comments, and Commissioner West seconded. The vote was 5-0. The plat was approved. B. CONSIDERATION & POSSIBLE ACTION — REPLAT OF LOT 1 OF FITE AT F.M. 1128 A request by Aaron Bourgeois, Lentz Engineering, L. C., for Signature, Eubanks and Associates, Ltd., owner, for approval of a replat of 6.1479 acres zoned GB — General Business. The applicant is proposing 2 lots located north of Fite Road west of F -M. 1128 and the property is described as follows: A subdivision of 6.1479 acres of land located in the H. T. & B. R.R. Co_ Survey, Section 17, A-242, City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller read the staff report stating 3 of the 4 outstanding items still needed to be addressed. Commissioner Capehart made the motion to approve with staff comments, and Commissioner Diggs seconded. The vote was 5-0. The plat was approved. C. CONSIDERATION & POSSIBLE ACTION —REPLAT OF LOT 2 BLOCK 1 OF KIRBY COMMONS A request by Aaron Bourgeois, Lentz Engineering, L. C., for SCR 24 Investments, L.P_, 518 At Kirby, L.L_C., and SCL Realty Investments, Inc., owners, for approval of a replat of 28.4776 acres zoned Shadow Creek Ranch Planned Unit Development (PUD). The applicants are proposing 7 lots on 2 blocks located north of Broadway and west of Kirby Drive and the property is described as follows: Being 28.4776 acres of land located in the H. T_ & B. R.R_ Co. Survey, Section 82, A-565 and the T_C.R.R. Co. Survey, A-678, City of Pearland, Brazoria County, Texas. P&Z Minutes 5/5/08 Page 2 of 5 Plans and Plat Administrator Keller read the staff report stating there were originally twenty-one outstanding items_ Prior to this meeting, the outstanding items had been reduced to eight with one of the items pertaining to the ownership of a parcel of property. There was discussion between Mr. Keller, and the Deputy City Attorney Nghiem Doan as to the importance of this ownership. Both agreed that it was an important issue_ Mr. Aaron Bourgeouis of Lentz Engineering was present and spoke on behalf of the applicant stating that this issue was being worked on, as well as, the remaining outstanding items. Commissioner West recommended tabling the items; however, Vice - Chairperson Koza, Jr. stated that due to the decision date, time did not allow this item to be tabled. Deputy City Attorney Doan concurred. Commissioner Diggs made the motion to approve, and Commissioner Capehart seconded. The vote was 0-5. The plat was denied due to the number of outstanding items and the importance in relation to the plat_ D. CONSIDERATION & POSSIBLE ACTION — VARIANCE REQUEST NO. P&Z 2008-03 A request by Matthew and Alyssa Morgan, owners, for approval of a variance request for 50' right-of-way 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. Plans and Plat Administrator Keller read the staff report stating that staff was not in favor of the variance for a 50' right-of-way. Mr. Keller asked the Fire Marshal and Fire Chief to attend and speak with regards to the fire apparatus access, and the length of a cul-de-sac. Fire Marshal Roland Garcia spoke. There was much discussion among the Commission/Staff/Applicant with topics relating to the length of the cul-de-sac on Hillhouse Road exceeding 600' (closer to 1200'), and the UDC requirement of 70' for right-of-way for rural area and the fact that a 60' variance was granted on April 7, 2008_ Staff stated their opposition to the 50' R -O -W, adding that the applicant claims they cannot obtain an additional 10 feet to equal the needed 60 feet P&Z Minutes 5/5/08 Page 3 of 5 already granted thru a variance. Discussion continued with staff noting that they are not allowed to have open ditches with 50 feet R -O -W, only with curb and gutter; and, staff brought up the Thoroughfare Plan revision that is being proposed to City Council with Hillhouse Road becoming a minor collector street. The applicant, Alyssa Morgan distributed drawings to the Commission. There was much discussion with regards to the requirements according to the UDC, and the Engineering & Criteria Plan_ City Engineer Narciso Lira was present and spoke in great detail. Discussion continued between the Commission and Staff. City Engineer Lira stated that with 50 feet roadside ditch in the right-of-way, a road could be built as half a road. When the proposed amendment to the UDC is adopted and Hillhouse Road is made into a collector street, then at the time the property to the north is developed, the City can require the additional 10 feet needed to complete the other half of the road, leading to Morgan's property. Planning Director Krishnarao clarified that if the 50 feet variance is approved, and Council approves the thoroughfare plan, with the 50' R -O -W, and when the adjoining parcel owner comes forward to plat; at this time, the City will get the additional 10 feet R -O -W needed. Discussion continued with City Engineer Lira stating that with a 50 feet variance, the road can be built with a partial cross section, and at the time of the adjoining parcel being developed, then the City will take the 10 feet needed and complete the cross section. Mr. Lira added that they would work with the applicant and should be able to get their permits to build a house. Discussion continued among the Commission. Commissioner Capehart made the motion to approve, and Commissioner Gooden, Jr. seconded. The vote was 3-2. The vote was approved_ Commissioner West and Diggs voted in opposition stating that this variance is approved without a sound plan in place. Vice -Chairperson Koza, Jr. recessed the meeting at 8:15 p.m. Vice -Chairperson Koza, Jr. reopened the meeting at 8:21 p.m. P&Z Minutes 5/5/08 Page 4 of 5 E_ CONSIDERATION & POSSIBLE ACTION — FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM 2009-2013 City of Pearland's Capital Improvement Program (CIP), presented by Trent Epperson, Director of Projects. Mr. Epperson present each section of the Capital Improvement Program. The Commission decided to vote on this action at the May 19, 2008 meeting. F. DISCUSSION ITEMS IV. ADJOURNMENT Vice -Chairperson Jerry Koza, Jr. adjourned the meeting at 9:27 p.m. These minutes are respectfully submitted by: L2��" 1k Judy jca,, lannin S cretary Minutes approved as submitted and/or corrected n his 19th day of May, A.D P&Z airperson, H my Fuertes P&Z Minutes 5/5/08 Page 5 of 5