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2011-03-07 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD MARCH 7, 2011 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Vice -Chairperson Susan Sherrouse called the meeting to order at 6:35 p.m. with the following present: P&Z Vice -Chairperson Susan Sherrouse P&Z Commissioner Richard Golden P&Z Commissioner Henry Fuertes P&Z Commissioner Neil West P&Z Commissioner Darrell Diggs Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Harold Ellis, Planner II Evan DuVall, Planner I Ian Clowes, Assistant City Manager Mike Hodge, and Planning Office Coordinator Judy Krajca. APPROVAL OF MINUTES P&Z Commissioner Neil West made the motion to approve the minutes of the Regular Meeting of March 7, 2011, and P&Z Commissioner Henry Fuertes seconded. The vote was 5-0. The minutes of March 7, 2011 were approved. OLD BUSINESS CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP 2010- 08 A request of CenterPoint Energy, applicant and owner, for approval of a Conditional Use Permit for an Automated Meter Systems tower on the following described property: Legal Description: Approximately 1.995 acres out of the T.J. Green Survey, Abstract No. 198, recorded in Vol.96, Pg. 91 of the Brazoria County Deed Records, City of Pearland, Brazoria County, Texas General Location: 2617 Broadway St. Pearland, Texas Planner I Ian Clowes read a memo stating that staff recently met with CenterPoint and advised them to resubmit the needed and corrected items, or the Planning & Zoning Commission would deny the Conditional Use Permit. Mr. Clowes went on to explain P&Z Minutes March 7, 2011 Page 1 of 7 that CenterPoint is asking for one more postponement, and will have the needed and corrected items for the March 21, 2011 P&Z regular meeting. P&Z Commissioner Richard Golden made the motion to approve for postponement, and P&Z Commissioner Henry Fuertes seconded. P&Z Commissioner Neil West asked what has been requested, and Planner I Ian Clowes explained it was all of the items in the original staff report: 1. Stealth technique: specifically a single mono pole, with no exterior mounts, be considered to ensure that the facility does not add visual clutter above what exists now. 2. A detailed site plan showing the type and amount of landscaping, type and height of fencing, setbacks of the proposed tower and leased area from the property boundaries, and paving of the access road be provided. Landscaping will help in screening some of the existing equipment from Broadway that is a Corridor Overlay District. 3. Complete information to be provided for review, as per the UDC. a. An inventory of the applicant's existing towers that are either within the City or within one mile of the corporate limits, specifying the location, height, and design of each tower. The Planning Department may share the information with other applicants for a conditional use permit under this article. b. Site plans to scale specifying the location of tower(s), transmission building and other accessory uses, street access, parking, fences, landscaped areas, and adjacent land uses. c. Each applicant must make a good faith effort to substantially demonstrate that no existing towers could accommodate the applicant's proposed antenna. d. A letter of intent to lease excess space on the tower and to lease additional excess land on the tower site when the shared use potential of the tower is absorbed, if structurally and technically possible. e. A correct site plan for this specific location. P&Z Commissioner Darrell Diggs inquired about a timeline on approving a Conditional Use Permit. Planning Director Lata Krishnarao stated there is not a timeline to approve a CUP. The vote was 5-0. Conditional Use Permit No. 2010-08 was postponed. P&Z Minutes March 7, 2011 Page 2 of 7 NEW BUSINESS CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF ENERGY ESTATES A request by Chris L. Hendrick of Wilson Survey, applicant, on behalf of Bill & Katherine Mars, owner, for approval of a Preliminary Plat of Energy Estates, generally located approximately 230 feet south of Kelly Lane and Stevens Drive, proposing three (3) single-family residential lots on the following describe property, to wit: Being a 5.611 acre tract in Lot 35 of the H.T. & B.R.R. Co. Survey, Section 7, Abstract No. 219 in Brazoria County, Texas. P&Z Vice -Chairperson Susan Sherrouse read the plat request. Planner II Evan DuVall read the staff report stating staff recommends approval of the Preliminary Plat of Energy Estates. P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z Commissioner Richard Golden seconded. P&Z Commissioner Henry Fuertes inquired about the lot size, and P&Z Commissioner Darrell Diggs inquired about the cul-de-sac length. Planner II Evan Duvall explained the measurements on the plat. The vote was 5-0. The Preliminary Plat of Energy Estates was approved. CONSIDERATION & POSSIBLE ACTION - CONSIDERATION & POSSIBLE ACTION—FINAL PLAT OF SAVANNAH MEADOWS SECTION EIGHT A request by Rene Rodriguez of LJA Engineering & Surveying, inc., applicant, on behalf of Savannah Development LTD., owner, for approval of a Final Plat of Savannah Meadows Section Eight generally located approximately 1,800 feet east of Savannah Parkway and Croix Road, proposing a 28 -lot single-family residential subdivision on the following describe property, to wit: Being 7.749 acres of land located in the J.S. Talmage Survey, Abstract 562, Brazoria County, Texas. P&Z Vice -Chairperson Susan Sherrouse read the plat request. Planner II Evan Duvall read the staff report stating staff recommends approval with the following conditions: 1. Provide Mylars and fees for recordation. 2. Submit the required Park Fee as required by the Savannah Development Agreement. P&Z Minutes March 7, 2011 Page 3of7 3. Submit the County Road 58 fee as required by the Savannah Development Agreement. 4. Submit a plan acceptable to the city of Pearland's engineering department regarding the sidewalk inconsistencies within the Savannah development. P&Z Commissioner Darrell Diggs called for the vote; however, there was more discussion. P&Z Commissioner Darrell Diggs withdrew his call for the vote. P&Z Commissioner Neil West asked about the amenities. Both Planning Director Lata Krishnarao, and Planner II Evan Duvall mentioned the Recreation Center and the Fire Station. P&Z Commissioner Darrell Diggs and Henry Fuertes both inquired about approving with conditions. Planning Director Lata Krishnarao explained staffs process in holding the developer to their requirements before pulling permits. Christy Smidt with Kerry Gilbert and Associates was present for another case, but spoke on behalf of this plat, as they were the ones that did the Preliminary Plat, and assured the Commission that the conditions would be met, and was willing to contact the applicant to discuss. P&Z Commissioner Neil West amended his original motion to include three of the four conditions, excluding the fourth condition pertaining to the sidewalk inconsistencies. The vote was 5-0. The Final Plat of Savannah Meadows Section 8 was approved with only 3 of the 4 following conditions: 1. Provide Mylars and fees for recordation. 2. Submit the required Park Fee as required by the Savannah Development Agreement. 3. Submit the County Road 58 fee as required by the Savannah Development Agreement. The condition to submit a plan acceptable to the city of Pearland's engineering department regarding the sidewalk inconsistencies within the Savannah development, is no longer relevant. CONSIDERATION & POSSIBLE ACTION — REQUEST FOR A WAIVER OF DECISION FOR FINAL PLAT OF SAVANNAH COVE SECTION THREE A request by Rene Rodriguez of LJA Engineering & Surveying, inc., applicant, on behalf of Savannah Development LTD., owner, for approval of a Final Plat of Savannah Cove Section Three, generally located approximately 1,300 feet west of Croix Road and Savannah Parkway, proposing a 27 -lot single-family residential subdivision on the following described property, to wit P&Z Minutes March 7, 2011 Page 4 of 7 Being 9.166 acres of land located in the A. C. H. & B. Survey, abstract 403, Brazoria County, Texas. P&Z Vice -Chairperson Susan Sherrouse read the request for a waiver of decision. Planner II Evan Duvall read the staff report, stating the applicant has asked for a Waiver of Decision to grant more time in meeting the outstanding items, which include: 1. Provide Mylars and fees for recordation. 2. Include portion of Lost Spring Lane within this Final Plat of Savannah Cove Section three. 3. Submit the required Park Fee as required by the Savannah Development Agreement. 4. Submit the required County Road 58 fee as required by the Savannah Development. 5. Submit a plan acceptable to the city of Pearland's engineering department regarding the sidewalk inconsistencies within the Savannah development. P&Z Commissioner Henry Fuertes made the motion to approve with the Waiver of Decision, and P&Z Commissioner Darrell Diggs seconded. The vote was 5-0. The Request for a Waiver of Decision for Final Plat of Savannah Cove Section Three was approved. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SAVANNAH COVE SECTION THREE A request by Rene Rodriguez of LJA Engineering & Surveying, inc., applicant, on behalf of Savannah Development LTD., owner, for approval of a Final Plat of Savannah Cove Section Three, generally located approximately 1,300 feet west of Croix Road and Savannah Parkway, proposing a 27 -lot single-family residential subdivision on the following described property, to wit Being 9.166 acres of land located in the A. C. H. & B. Survey, abstract 403, Brazoria County, Texas. No action necessary, as the Waiver of Decision was approved. CONSIDERATION & POSSIBLE ACTION — CLUSTER DEVELOPMENT PLAN FOR THE PRESERVE AT CLEAR CREEK A request of Kerry R. Gilbert & Assoc., applicant, for approval of a Cluster Development Plan for The Preserve at Clear Creek, generally located east of Pearland Parkway, north of proposed Hughes Road and east of Clear Creek, for (3) tracts of land including approximately 130 acres, generally located on the following described property, to wit P&Z Minutes March 7, 2011 Page 5 of 7 Legal Description: 61.217 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas. P&Z Vice -Chairperson Susan Sherrouse read the request for the Cluster Development Plan. Planner II Evan DuVall read the staff report stating staff recommends approval with clarification of several items. The final version of the Cluster Development Plan was not submitted until the morning prior to this meeting, leaving staff with minimal time to review. Clarification is needed on the following: 1. Benches along the trail 2. Amenity trail and sidewalks along Barry Rose Rd. 3. Clarification of what a tubular fence is and a better concept plan of the parks 4. Details on the park fees 5. Drawing and description of what the entrance will look like 6. Better conceptual plan of the Parks Mr. Alan Mueller, assisting Beazer Homes, spoke about the Cluster Development Plan. Mr. Mueller explained that he does not feel that staffs outstanding conditions be included as part of the Cluster Plan. Mr. Dan Olson of Beazer Homes spoke briefly. P&Z Commissioner Neil West inquired about the entrances, and Mr. Alan Mueller explained there would be one main entrance on Barry Rose Rd., and a cut through the adjoining neighborhood, at Azure Brook Lane. P&Z Commissioner Henry Fuertes feels it is a good plan, as does P&Z Vice - Chairperson Susan Sherrouse. P&Z Commissioner Darrell Diggs inquired if this is a wall/closed in community. Mr. Mueller explained that it will have some tubular fencing, and some builder fences. Discussion ensued with regards to the Park trails and their connections to both Pearland and Harris County trails, the second entrance connecting to Azure Brook Ln., and the construction of the road, both Barry Rose Rd. and Hughes Road. The vote was 5-0. The Cluster Development Plan for the Preserve at Clear Creek was approved. DISCUSSION ITEMS There was no discussion for the Commissioner's Activity Report P&Z Minutes March 7, 2011 Page 6of7 Senior Planner Harold Ellis presented the Update of Zoning Cases, and the Commission stated they liked this format. Planning Director Lata Krishnarao gave an update on LEED Certified Buildings - expedited process. Planning Director Lata Krishnarao discussed the next step in the P&Z Strategic Priorities — Work Plan. Mrs. Krishnarao asked that each Commissioner volunteer to be on two committees, along with staff members, to work towards these priorities for2011. The following was decided for the 2011 Priorities: 1. Commissioners Neil West and Henry Fuertes will assist with establishing the annexation process — assist in developing a communication plan 2. Commissioners Richard Golden and Henry Fuertes will assist with conducting quarterly or as needed conferences with EDC and Chamber for the purpose of increasing communication/understanding. 3. Commissioners Darrell Diggs and Jerry Koza, Jr. will assist with developing a strategy to address Brownfield Development (opportunities). 4. Commissioners Richard Golden and Susan Sherrouse will assist with Developing a plan to address transportation, mass transit, and connectivity 5. Commissioners Henry Fuertes and Susan Sherrouse will assist with updating the Comprehensive Plan. 6. Commissioners Neil West and Darrell Diggs to assist with developing a strategy for cell towers in the city. The next JPH and P&Z meeting will be on March 21, 2011. There will be five zoning cases, along with the Annexation of Area 5. Staff will present a Webinar for Cell Towers on April 4, 2011 for the Commission, as part of the on-going training. ADJOURNMENT P&Z Vice -Chairperson Susan Sherrouse adjourned the meeting at 8:40 p.m. These min s are respecVully submitted by: JZ17 17 "tr /I Judy KrE46a, Pla ing Offide Ccordin4tor Minutes approved as submitted and/or corrected on this 21St day of March 2011, A.D. %Z Vice -Chairperson Susan Sherrouse P&Z Minutes March 7, 2011 Page 7 of 7