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2012-03-05 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 5, 2012 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 6:34 p.m. with the following present: P&Z Chairperson Jerry Koza, Jr. P&Z Vice -Chairperson Richard Golden P&Z Commissioner Neil West P&Z Commissioner Sheila Fischer Also in attendance were: Planning Director Lata Krishnarao, Planner II Evan DuVall, Deputy City Attorney Nghiem Doan and Planning Office Coordinator Judy Brown. APPROVAL OF MINUTES P&Z Commissioner Neil West made the motion to approve the minutes of the P&Z Regular Meeting of February 20, 2012, and P&Z Vice -Chairperson Richard Golden seconded. The vote was 4-0. The minutes of the P&Z Regular Meeting of February 20, 2012 were approved. EXCUSE ABSENCES There were no absences to excuse. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION — THE FIRST PARTIAL REPLAT OF THE RESERVE AT SHADOW CREEK RANCH A request by Matt Tucker of Windrose Land Services, applicant, on behalf of Pearland Investments L.P., owner for approval of a Replat of The Reserve at Shadow Creek Ranch, to divide lot `C' into four lots, generally located at the 10900 Block of Discovery Bay Drive, on the following described property, to wit Legal Description: Being a 4.7677 acres or 207,682 square feet tract of land situated in the William Morris Survey, Abstract No. 344, Brazoria County, Texas and being all of Lot "C" of The Reserve at Shadow Creek Ranch a subdivision of 32.1344 acres recorded under County Clerks' File No. 2011051674. P&Z Minutes 03/05/2012 Page 1 of 4 No action necessary as the applicant's Waiver of Decision, approved on February 20, 2012, extends to April 2, 2012. CONSIDERATION & POSSIBLE ACTION — VARIANCE REQUEST NO. 2012-03 REQUESTING A VARIANCE FROM SECTION 2.4.5.1(C)(D) TO ALLOW A MINIMUM OF A 26.5 FOOT LANDSCAPE RESERVE WHERE 30 FEET IS REQUIRED A request of Alex Van Duzer, applicant, on behalf of Oakbrook Estates, LTD for approval of a Planning and Zoning Variance of Section 2.4.5.1(C)(D) to allow a minimum of a 26.5 foot Landscape Reserve where 30 feet is required for the Final Plat of Oakbrook Estates Section Eight, generally located southwest of the intersection of Glen Oak Drive and Grand Oak Drive for approximately 18.5112 acres, on the following described property, to wit: Legal Description: Being all that certain 18.5112 acres (806,350 SQ. FT) of land situated in the W.D.C. Hall League, A-70, Brazoria County, Texas, and being out of called 45.5143 acre tract conveyed to Oakbrook Estates, LTD. As recorded under File No. 03-003446 of the Brazoria County Deed Records (B.C.D.R.) dated December 26, 2002, and also being the remainder of a called 26.9108 acre tract conveyed to Oakbrook Estates, LTD. As recorded under file No. 99-055675 of the B.C.D.R. dated December 2, 1999. Planner II Evan DuVall stated the applicant has withdrawn this application as it has been determined a Variance is not needed. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF OAKBROOK ESTATE SECTION EIGHT A request of Alex Van Duzer, applicant, on behalf of Oakbrook Estates, LTD for approval of a Final Plat of Oakbrook Estates Section Eight, generally located southwest of the intersection of Glen Oak Drive and Grand Oak Drive for approximately 18.5112 acres, on the following described property, to wit Legal Description: Being all that certain 18.5112 acres (806,350 SQ. FT) of land situated in the W.D.C. Hall League, A-70, Brazoria County, Texas, and being out of called 45.5143 acre tract conveyed to Oakbrook Estates, LTD. As recorded under File No. 03-003446 of the Brazoria County Deed Records (B.C.D.R.) dated December 26, 2002, and also being the remainder of a called 26.9108 acre tract conveyed to Oakbrook Estates, LTD. As recorded under file No. 99-055675 of the B.C.D.R. dated December 2, 1999. Planner II Evan DuVall read the staff report and recommended no action be taken as the applicant's Waiver of Decision, approved on February 20, 2012, extends to April 2, 201; and, the Planning Department has not received an approval letter from the City Engineer. P&Z Minutes 03/05/2012 Page 2 of 4 P&Z Commissioner Neil West stated he wanted to know why there was a hold-up on approving the plat. Planning Director Lata Krishnarao explained that the hold-up was not from the City, but from the applicant. Planner II Evan DuVall explained that the applicant has not submitted their as-builts for an approval from the City Engineer. Planning Director Lata Krishnarao stated that in the past, it is a condition of the plat application that the Final Plat cannot be approved until the infrastructure has been approved by the Engineering Department. There was much discussion among the Commission, Staff, and the applicant Alex Van Duzer with regards to approving with a condition - that the plat not be recorded until the approval from the Engineering Department is in place. P&Z Commissioner Sheila Fischer made the motion to approve with the condition that the plat not be recorded until the infrastructure acceptance was approved by the City Engineer, and an escrow for landscaping on Pearland Parkway was submitted. P&Z Commissioner Neil West seconded the motion. P&Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 4-0. The Final Plat of Oakbrook Estate Section Eight was approved with the condition that the plat would not be recorded until the infrastructure acceptance was approved by the City Engineer, and an escrow for landscaping on Pearland Parkway was submitted. CONSIDERATION & POSSIBLE ACTION — MASTER PLAT OF PEARLAND TOWN CENTER A request by Daniel Coyer from TSC Engineering, applicant, on behalf of New Broadway, LTD, owner for approval a Master Plat of Pearland Town Center of 21.871 acres of land generally located at the southwest corner of Broadway Street and Kirby Drive, on the following described property, to wit Legal Description: Being 21.871 acres of land out of the H.T.&B.R.R Company Survey Section 81, abstract 300, City of Pearland, Brazoria County Texas. No action necessary as the applicant's Waiver of Decision, approved on February 20, 2012, extends to April 2, 2012. DISCUSSION ITEMS 1. Commissioners Activity Report — there was no discussion among the Commission. 2. Zoning Update — Planning Director Lata Krishnarao read the zoning case update covering the past six months. 3. National APA Conference - Office Coordinator Judy Brown stated that Planner II Evan Duvall, and P&Z Commissioners Sheila Fischer and Richard Golden would be attending the conference in Las Angeles, CA on April 13-16, 2012. P&Z Minutes 03/05/2012 Page 3 of 4 4. P&Z Strategic Priority - Planning Director Lata Krishnarao stated staff would be in touch with the commission on these projects. 5. Annexation Update - Planning Director Lata Krishnarao updated the Commission. 6. Planning and Community Development Presentation - Office Coordinator Judy Brown invited all to attend and stated it would begin at 8:00 a.m., March 6, 2012. 7. Scenic Highway Guidelines — P&Z Commissioner Neil West stated he would like to invite Houston to attend for a workshop in the near future. 8. No JPH, March 19, 2012 9. Joint Workshop, March 19, 2012 to amend the Planned Unit Development of Stonebridge, also known as Pearland 123. 10. Next P&Z Meeting, March 19, 2012 11. Planning Director Lata Krishnarao spoke with regards to House Bill - HB 3630 passing in February 2012 with regards to existing cell towers, co -locations and Conditional Use Permits. The current UDC will need to be amended due to the passing of HB 3630. ADJOURNMENT P&Z Chairperson Jerry Koza, Jr. adjourned the P&Z Regular Meeting at 7:13 p.m. These minutes are respectfully submitted by: Judy Brdwn, PI n ing Office Coordinator Minutes approved as submitted and/or corrected on this 19th day of March 2012, A.D. P&Z Minutes 03/05/2012 Page 4 of 4