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