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2012-07-02 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JULY 2, 2012 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,TEXAS A motion was made by P&Z Commissioner Neil West nominating Henry Fuertes to serve as Acting P&Z Chairperson, and P&Z Commissioner Mary Starr seconded. The vote was 7-0. P&Z Commissioner Henry Fuertes is Acting P&Z Chairperson for the meeting of July 2, 2012. CALL TO ORDER Acting P&Z Chairperson Henry Fuertes called the meeting to order at 6:39 p.m. with the following present: P&Z Commissioner Henry Fuertes P&Z Commissioner Linda Cowles P&Z Commissioner Neil West P&Z Commissioner Ginger McFadden P&Z Commissioner Mary Starr P&Z Commissioner Matthew Hanks P&Z Commissioner Daniel Tunstall Also in attendance were: Director of Community Development Lata Krishnarao, City Planner Harold Ellis, Planner II Evan DuVall, Deputy City Attorney Nghiem Doan, Assistant City Manager Mike Hodge, City Engineer Andrea Broughton and Office Coordinator Judy Brown. APPROVAL OF MINUTES P&Z Commissioner Linda Cowles made the motion to approve the minutes of the P&Z Regular Meeting of July 2, 2012, and P&Z Commissioner Ginger McFadden seconded. The vote was 7-0. The minutes of the P&Z Regular Meeting of July 2, 2012 were approved. ELECTION OF OFFICERS A motion was made by P&Z Commissioner Neil West, nominating Henry Fuertes as P&Z Chairperson, and P&Z Commissioner Linda Cowles seconded. The vote was 7-0. Henry Fuertes is the new P&Z Chairperson. A motion was made by P&Z Commissioner Matthew Hanks, nominating Linda Cowles as Vice -Chairperson, and P&Z Chairperson Henry Fuertes seconded. P&Z Minutes 07/02/2012 Page 1 of 6 The vote was 7-0. Linda Cowles is the new P&Z Vice -Chairperson. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION — PLANNING AND ZONING VARIANCE 2012-06 A request by Rekha Engineering, INC, applicant, on behalf of VOTL Holdings, LLC for approval a Variance from Section 4.2.1.2(a)(8e) and 4.2.1.2(a)(8f) to allow parking bays along a frontage access easement where ten -foot minimum width raised islands are required before parking bays and to allow the existing sidewalks in the community to satisfy the requirement of four -foot wide sidewalks should be provided along both sides of all access easements, on the following described property, to wit; Legal Description: Being a 28.4162 acre (1,237,809 square foot) tract of land out of Tract 162 of the W. Zychlinski Subdivision of Section 28, H.T. & B.R.R. Company Survey, Abstract No. 551, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 9, of the Deed Records of Brazoria County, Texas, and being a part of the lands described in deed to R. West Development Co., Inc. recorded under Brazoria County Clerk's File No. 02-037050, both of the Official Public Records of Brazoria County, Texas. General Location: South of the intersection of English Lake Drive and Village Drive. P&Z Commissioner Mary Starr made the motion to approve, and P&Z Vice -Chairperson Linda Cowles seconded. Planner II Evan DuVall read the staff report stating staff recommends conditional approval of the variance with a two year timeline. There was much discussion with regards to the detention pond, and the access easement. P&Z Commissioner Mary Starr amended her original motion to approve with staff's comment, and P&Z Vice -Chairperson Linda Cowles seconded. The vote was 7-0. Variance No. 2012-06 was approved with the following condition: 1. Variance will expire in two years from the date of approval, unless a plat is recorded or an extension of time is approved by the Planning and Zoning Commission. CONSIDERATION & POSSIBLE ACTION — MASTER PLAT OF THE VILLAGES OF TOWNE LAKE P&Z Minutes 07/02/2012 Page 2 of 6 A request by Rekha Engineering, INC, applicant, on behalf of VOTL Holdings, LLC, owner, for approval of a Master Plat of Villages of Towne Lake, a 252 -unit senior apartment development, in order to create a separate lot for phase II of this development, on the following described property, to wit; Legal Description: Being a 28.4162 acre (1,237,809 square foot) tract of land out of Tract 162 of the W. Zychlinski Subdivision of Section 28, H.T. & B.R.R. Company Survey, Abstract No. 551, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 9, of the Deed Records of Brazoria County, Texas, and being a part of the lands described in deed to R. West Development Co., Inc. recorded under Brazoria County Clerk's File No. 02-037050, both of the Official Public Records of Brazoria County, Texas. General Location: South of the intersection of English Lake Drive and Village Drive. P&Z Commissioner Ginger McFadden made the motion to approve, and P&Z Commissioner Matthew Hanks seconded. Planner II Evan DuVall read the staff report stating staff recommends approval with the following conditions: 1. Add an additional note regarding the development of the secondary means of access during the construction of phase II, including pavement, for fire safely from Industrial Road to the requirements of the City Engineer. 2. Please show the width of the access easement and also make access easement easily visible on the plat. 3. Provide a bold line around the plat boundaries. 4. Provide a dash line for the lot line between lot 'A' and area 'B'. 5. Mylar's and three paper copies of the revision. There was brief discussion with regards to the amenities such as adjoining sidewalks. Planner II Evan DuVall stated staff would check the Planned Development for any outstanding items. P&Z Commissioner Ginger McFadden amended her original motion to approve with staffs comments, and P&Z Commissioner Matthew Hanks seconded. The vote was 7-0. The Master Plat of the Villages of Towne Lake was approved with the following conditions: 1. Add an additional note regarding the development of the secondary means of access during the construction of phase II, including pavement, for fire safely from Industrial Road to the requirements of the City Engineer. 2. Please show the width of the access easement and also make access easement easily visible on the plat. 3. Provide a bold line around the plat boundaries. P&Z Minutes 07/02/2012 Page 3 of 6 4. Provide a dash line for the lot line between lot 'A' and area 'B'. 5. Mylar's and three paper copies of the revision. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SOUTHERN TRAILS SECTION 14 A request by Christy Smidt, from Kerry Gilbert and Associates, applicant, on behalf of CL Ashton Woods, LP, owner, for approval of a Preliminary Plat of Southern Trails Section 14, a 78 lot single-family residential subdivision on 38.254 acres, generally located approximately 550 feet east of the southeast corner of Southern Trails Drive and Ashton Oak Drive, on the following described property, to wit: Legal Description: Being 38.254 acres of land located in the H.T. & B.R.R. Co. Survey, Section 80, AKA J.S. Talmage Survey, Abstract No. 564, Brazoria County, Texas being all of Lot 32 and a portion of Lots 23, 24, 25, 31, 33, 34, 42, 43, and 44 of said Section 80, of the Allison Richey Gulf Coast Home Company part of Suburban Gardens, a subdivision of record in Volume 2, Page 98, Plat Records, of said Brazoria County, more particularly being a portion of residue of that certain 522.62 acre tract described in the deed from Ashton Southern Trails joint Venture to CL Ashton Woods, L.P., recorded under Doc. #2005016204, in the Official Records of Brazoria County, Texas (B.C.O.R.). General Location: 550 feet east of the southeast corner of Southern Trails Drive and Ashton Oak Drive P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z Commissioner Linda Cowles seconded. Planner II Evan DuVall read the staff report stating staff recommended approval with the following conditions: 1. Construct the Pedestrian Crossing on Kingsley or provide a city approved schedule for completion prior to the recordation of the Final Plat. 2. Add general address to plat (Can be added at the meeting). 3. Modify note #33, to replace "may" with "shall". 4. 3 paper copies of revision. Christy Smidt of Kerry Gilbert and Associates spoke stating that Taylor Morrison has a meeting set up to finalize all amenities and completion. P&Z Commissioner Daniel Tunstall amended his original motion to approve with staffs conditions, and P&Z Commissioner Linda Cowles seconded. The vote was 7-0. The Preliminary Plat of Southern Trails Section 14 was approved with the following conditions: P&Z Minutes 07/02/2012 Page 4 of 6 1. Construct the Pedestrian Crossing on Kingsley or provide a city approved schedule for completion prior to the recordation of the Final Plat. 2. Add general address to plat (Can be added at the meeting). 3. Modify note #33, to replace "may" with "shall". 4. 3 paper copies of revision. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF PEARLAND FARMS SECTION TWO A request by Aaron Bourgeois, from Lentz Engineering, on behalf of Chase Lodge, Corporation, owner, for approval a Final Plat of Pearland Farms Section II, a 79 lot single-family residential subdivision on 23.5245 acres, on the following described property, to wit; Legal Description: A parcel of land containing 23.5245 acres (1,024,726 square feet) more or less, being out of that certain 26.9965 acre tract conveyed from Fylma W. Thompson, Trustee al to Chase Lodge Corporation, as recorded in file No. 00 053263, Official records, Brazoria County, Texas, said 23.5245 acre tract being situated in Section 12, H. T. & B. R. R. survey, abstract No. 508, in Brazoria County Texas. General Location: 200 feet south of the intersection of West Cedar Trail Court and Curley Maple Drive. P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z Commissioner Linda Cowles seconded. Planner II Evan Duvall read the staff report stating that a waiver of decision was granted at the June 18, 2012 P&Z Regular meeting and the Plat is still within the 40 day timeframe. No action is necessary. Ms. Susan Peters, Secretary of the Pearland Farms HOA was present and asked to speak on some issues the subdivision was having with the Developer. Deputy City Attorney Nghiem Doan explained that P&Z has a set of Rules and Procedures to follow. If a plat has been submitted, the P&Z must act on it. There was some additional discussion with regards to the infrastructure being in place and fencing. P&Z Commissioner Neil West made the motion to postpone until the July 16, 2012 P&Z Regular meeting, and P&Z Commissioner Mary Starr seconded. The vote was 6-1. P&Z Commissioner Daniel Tunstall voted in opposition stating the Developer has not put in the infrastructure. P&Z Minutes 07/02/2012 Page 5 of 6 DISCUSSION ITEMS 1. Commissioners Activity Report — P&Z Chairperson Henry Fuertes recommended training either on July 16th or August 1St. P&Z Vice -Chairperson Linda Cowles stated she would not be at the July 16th meeting. 2. Zoning Update — City Planner Harold Ellis went over the zoning update. 3. City Issued Computers — Several Commissioners stated they were having trouble viewing the packets. Office Coordinator Judy Brown stated she would check with the I.T. Department on this issue. 4. Texas APA Conference, Fort Worth, Texas, October 3-6, 2012. P&Z Commissioner Neil West stated he would be interested in attending. P&Z Commissioner Ginger McFadden stated she had jury duty on October 1St and will not be able to attend. 5. APA Awards — City Planner Harold Ellis stated he is preparing the packet for a submittal. 6. No Joint Public Hearing, July 16, 2012 7. Next P&Z Regular Meeting, July 16, 2012 ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the P&Z Regular Meeting at 7:55 p.m. These minutes are respectfully submitted by: Ju y own,la ning Office Coordinator Minutes approved as submitted and/or corrected on this 16th day of July 2 D. ...:--A7 enry Fuertes, P&Z Chairperson P&Z Minutes 07/02/2012 Page 6 of 6