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2010-05-03 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD MAY 3, 2010 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,TEXAS CALL TO ORDER P&Z Chairperson Jerry Koza, Jr. called the meeting to order at 6:35 p.m. with the following present: P&Z Chairperson Jerry Koza, Jr. P&Z Commissioner Neil West P&Z Commissioner Richard Golden P&Z Commissioner Henry Fuertes Also in attendance were: Assistant City Manager Mike Hodge, Plans and Plat Administrator Richard Keller, Deputy City Attorney Nghiem Doan, and Office Coordinator Judy Krajca. Other staff members present were: Projects Director Trent Epperson, Assistant Projects Director Theresa Battenfield, Finance Director Claire Bogard, and Public Works Director Danny Cameron. P&Z Vice -Chairperson Ron Capehart , and P&Z Commissioners Darrell Diggs and Susan Sherrouse were not in attendance. APPROVAL OF MINUTES P&Z Commissioner Henry Fuertes made the motion to approve the minutes of the Regular Meeting of April 19, 2010, and P&Z Commissioner Richard Golden seconded. The vote was 4-0. The minutes of April 19, 2010 were approved. NEW BUSINESS CONDUCT PUBLIC HEARING — PARTIAL REPLAT OF BELLAVITA AT GREEN TEE SECTION FIVE Request of Gina A. Nelson, P. E., Century Engineering, Inc., applicant, for Friendswood Development Company, owner, for approval of a partial replat of the Amended Plat of Bellavita at Green Tee Section Five located on East and West Tuschman. The applicant is proposing a reduction in the number of lots to be platted from 37 lots to 31 lots in Block 3 and a portion of Block 2 on the following described property: Minutes of P&Z Regular Meeting 05/03/2010 Page 1 of 5 Being a subdivision of 8.1872 acres and a partial replat of the Amended Plat of Bellavita at Green Tee Section Five, Recorded in F.C. No. 597089, H.C.M.R. and located in the W.D.C. Hall Survey, A-23, City of Pearland, Harris County, Texas. P&Z Chairperson Jerry Koza, Jr. opened a public hearing for the Partial Replat of Bellavita at Green Tee Section Five at 6:38 p.m. Plans and Plat Administrator Richard Keller made the staff report stating he was recommending the City Engineer approve this plat with the relocation of the water and sewer taps. Mr. Brian Gibson, representing the owner, Friendswood Development Company, 550 Greens Parkway, #100, Houston, Texas 77063 spoke briefly. There was minimal discussion among the Commission/Staff. P&Z Chairperson Jerry Koza, Jr. adjourned the public hearing for Partial Replat of Bellavita at Green Tee Section Five at 6:42 p.m. COSIDERATION AND POSSIBLE ACTION — PARTIAL REPLAT OF BELLAVITA AT GREEN TEE SECTION FIVE Request of Gina A. Nelson, P. E., Century Engineering, Inc., applicant, for Friendswood Development Company, owner, for approval of a partial replat of the Amended Plat of Bellavita at Green Tee Section Five located on East and West Tuschman. The applicant is proposing a reduction in the number of lots to be platted from 37 lots to 31 lots in Block 3 and a portion of Block 2 on the following described property: Being a subdivision of 8.1872 acres and a partial replat of the Amended Plat of Bellavita at Green Tee Section Five, Recorded in F.C. No. 597089, H.C.M.R. and located in the W.D.C. Hall Survey, A-23, City of Pearland, Harris County, Texas. P&Z Commissioner Richard Golden made a motion to approve the plat, and P&Z Commissioner Henry Fuertes seconded. There was no discussion. The vote was 4-0. The Partial Replat of Bellavita at Green Tee Section Five was approved. CONSIDERATION AND POSSIBLE ACTION — REPLAT OF LOT 5, Block 1 OF THE REPLAT OF PEARLAND TOWN CENTER Request of Chris L. Hendrick, The Wilson Survey Group, for CBL & Associates Management, Inc., owner, for approval of a replat of Lot 5, Block 1of the Replat of Pearland Town Center located on the south side of Broadway west of S.H. 288. The Minutes of P&Z Regular Meeting 05/03/2010 Page 2 of 5 applicant is proposing to subdivide this lot into two lots and the property is described as follows: Being all of Lot 5, Block 1 of the Replat of Pearland Town Center Recorded in Document Number 2007053411 of the Official Records of Brazoria County and located in the H.T. & B. R.R. Co. Survey, Section 81, Abstract No. 300, City of Pearland, Brazoria County, Texas Plans and Plat Administrator Richard Keller gave the staff report stating there were three outstanding items that needed to be considered as a condition of approval: 1. Provide lienholders (2) written consent for platting 2. Provide mylar copies for recordation with signatures and seals 3. Show correct bearing of south lot line — plat vs. metes and bounds description P&Z Commissioner Henry Fuertes made the motion to approve with staff's comments, and P&Z Commissioner Richard Golden seconded. The vote was 4-0. The Replat of Lot 5, Block 1 of the Replat of Pearland Town Center was approved with the following conditions: 1. Provide lienholders (2) written consent for platting 2. Provide mylar copies for recordation with signatures and seals 3. Show correct bearing of south lot line — plat vs. metes and bounds description CONSIDERATION AND POSSIBLE ACTION — VARIANCE REQUEST NO. 2010-03 REQUESTING A VARIANCE FROM SECTION 3.2.6.4(1) OF THE UNIFIED DEVELOPMENT CODE SPECIFYING A MAXIMUM LENGTH OF A CUL-DE-SAC STREET Request of Danny Cameron, Director of Public Works, City of Pearland, for a variance from the provisions of the Unified Development Code requiring a maximum length of six hundred feet (600') for a cul-de-sac street, In this case Hillhouse Road north of Broadway (F.M. 518). Public Works Director Danny Cameron made the staff presentation. P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z Commissioner Neil West seconded. P&Z Chairperson Jerry Koza, Jr. asked if this facility has been built, and Mr. Cameron replied it has been designed but not built. P&Z Commissioner Henry Fuertes inquired if the concrete roadway had been built, and Mr. Cameron replied yes. P&Z Commissioner Henry Fuertes brought up the concern of the UDC only allowing the Commission to approve a cul-de-sac length up to 750'. Minutes of P&Z Regular Meeting 05/03/2010 Page 3 of 5 P&Z Chairperson Jerry Koza, Jr. asked Deputy City Attorney Nghiem Doan to comment on Commissioner Fuertes question. There was much discussion while the Unified Development Code was reviewed, specifically Section 3.2.6.4(1). P&Z Chairperson Jerry Koza, Jr. asked Public Works Director Danny Cameron if this would be a public street all the way to the end of the city project site or just to the southern corner of the property. Mr. Cameron replied, all the way to the end of the project site. Discussion also ensued with regards to the right-of-way width. Discussion also ensued between Mr. Cameron and Mr. Doan. P&Z Chairperson Jerry Koza, Jr. brought up a previous P&Z Variance on Hillhouse Road, and it was approved because of the existing right-of-way. P&Z Commissioner Henry Fuertes asked if the variance could be voted on procedurally until legal could get a definite answer. Deputy City Attorney Nghiem Doan replied they could not. P&Z Chairperson Jerry Koza, Jr. asked what the total length of the variance was. Public Works Director Danny Cameron replied that it was around 900' to 1000'. Discussion continued including topics of the emergency vehicle turn -around, the cemetery, and the right-of-way extension. Assistant City Manager Mike Hodge asked why the Development Plat was not being applied in this case, and asked Plans and Plat Administrator Richard Keller to discuss. Mr. Keller explained that Development Plats are used to depict access easements for lots that do not have access to a public street, and Deputy City Attorney Nghiem Doan agreed. Mr. Hodge added that if a development plat is done, a cul-de-sac for a variance would not be required P&Z Commissioner Richard Golden stated this was not a cul-de-sac, and should be looking at UDC Section 3.2.6.4(n) Dead -End Streets. Discussion continued. Deputy City Attorney Nghiem Doan stated his recommendation was that since the variance request was for a cul-de-sac street that exceeded the limits of the UDC, and it is not a cul-de-sac street, a variance is not necessary. Plans and Plat Administrator Richard Keller stated that the plat does not include the street. P&Z Commissioner Henry Fuertes stated he felt a Development Plat would take care of this. Plans and Plat Administrator Richard Keller remarked that staff is working towards an amendment to the UDC (T-12) that allows the City Engineer the ability to approve alternatives to cul- de-sac turnarounds at the ends of dead end streets. Public Works Director Danny Cameron withdrew Variance Request No. 2010-03 per Deputy City Attorney Nghiem Doan's direction being as this road is not a cul-de-sac road, and the variance tonight is for a cul-de-sac road. Minutes of P&Z Regular Meeting 05/03/2010 Page 4 of 5 The Commission commented that they would see the plat before them in a few weeks, and Plans and Plat Administrator Richard Keller replied that Development Plats were approved by the Planning Director and not the P&Z Commission. CONSIDERATION & POSSIBLE ACTION - FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM 2011 — 2015 Projects Director Trent Epperson, Assistant Project Director Theresa Battenfield, and Finance Director Claire Bogard were all present to answer questions with regards to approving the Five -Year Capital Improvement Program 2011-2015. P&Z Commissioner Neil West commended staff for their work on the CIP Program and of how well it was presented. The vote was 4-0. The Five -Year Capital Improvement Program 2011-2015 was approved. DISCUSSION ITEMS 1) Update of Zoning Cases — P&Z Secretary Judy Krajca, and Assistant City Manager Mike Hodge updated the Commission of the upcoming zoning cases. 2) Next P&Z Regular Meeting and JPH to be held on May 17, 2010. P&Z Chairperson Jerry Koza, Jr. will not be present as he will be out of the country. 3) At the June 7, 2010 P&Z meeting, Ian Clowes will make a presentation on Livable Centers - 20 minutes; and, Lata Krishnarao will make a presentation on LEED Neighborhood Design and Retrofitting Commercial Strip Centers - 20 minutes 4) P&Z Chairperson Jerry Koza, Jr. asked that as staff begins preparation on the next UDC Amendments, he would like to discuss sidewalks. ADJOURNMENT P&Z Chairperson Jerry Koza, Jr. adjourned the meeting at 7:06 p.m. These minutes are respectfully submitted by: Judy r ca, PlaUningbffidea C ordinator Minutes approved as submitted and/or corrected on this dMay 2010, A.D. P&Z Vice Chbirgterson Rolf Capehart Minutes of P&Z Regular Meeting 05/03/2010 Page 5 of 5