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2012-11-05 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR COMMISSION OF THE CITY OF AT 6:30 P.M., CITY COUNCIL PEARLAND, TEXAS. CALL TO ORDER MEETING OF THE PLANNING AND ZONING PEARLAND, TEXAS, HELD NOVEMBER 5, 2012, CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, P&Z Chairperson Henry Fuertes called the meeting to order at 6:34 p.m. with the following present: P&Z Chairperson Henry Fuertes P&Z Vice -Chairperson Linda Cowles P&Z Commissioner Neil West P&Z Commissioner Matthew Hanks P&Z Commissioner Daniel Tunstall P&Z Commissioner Ginger McFadden P&Z Commissioner Mary Starr Also in attendance were: City Planner Harold Ellis, Planner II Ian Clowes, Director of Community Development Lata Krishnarao, Assistant City Manager Mike Hodge, Deputy City Attorney Nghiem Doan, Assistant City Engineer Richard Mancilla, Assistant Parks Director Rosalyn Epting and Office Coordinator Judy Brown. APPROVAL OF MINUTES P&Z Vice Chairperson Linda Cowles made the motion to approve the minutes of the P&Z Regular Meeting of October 15, 2012, and P&Z Commissioner Matthew Hanks seconded. The vote was 7-0. The minutes of the P&Z Regular Meeting of October 15, 2012 were approved. EXCUSE ABSENCE P&Z Commissioner Ginger McFadden made the motion, and P&Z Commissioner Daniel Tunstall seconded to approve the excused absence of P&Z Commissioner Mary Starr from the P&Z Regular Meeting held on October 15, 2012. The vote was 7-0. The absence of P&Z Commissioner Mary Starr from the P&Z Regular Meeting held on October 15, 2012 was approved as excused. OLD BUSINESS P&Z Regular Meeting November 5, 2012 Page 1 of 6 CONSIDERATION & POSSIBLE ACTION — REPLAT OF LOT 2, BLOCK 1 OF KIRBY COMMONS A request by Chris L. Hendrick, applicant, on behalf of 518 @ Kirby, LLC, owner for approval of a Partial Replat of Lot 2, Block 1 of Kirby Crossing. The site is located near the northwest corner of Kirby and Broadway on the following described property, to wit A Subdivision of 1.333 acres in the T.C. & B.R.R. CO. Survey, section 3, Abstract No. 678, in the City of Pearland, Brazoria County, Texas. Planner II Ian Clowes stated the plat application had been withdrawn. No action needed. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SOUTHERN TRAILS SECTION TWELVE A request by Warren Escovy - LJA Engineering, INC., applicant, on behalf of C.L. Ashton Woods, LP, owner for approval of the Final Plat for Southern Trails Section Twelve, generally located 1600 feet south from the southeast corner the intersection of Southern Trails Drive and Kingsley Drive for approximately 16.8 acres, on the following described property, to wit Legal Description: All that certain 16.8 acres of land, out of the 522.62 acre tract described in the deed from Ashton Southern Trails Joint Venture to CL Ashton Woods, LP., recorded under Doc. #2005016204, in the Official Records of Brazoria County, Texas, in the H.T. & B.R.R. Company Survey, Sec. 80, A-564, Brazoria County. Planner II Ian Clowes read the staff report stating staff recommends approval with one condition being the crossing at Kingsley Drive be completed prior to recordation of the plat. P&Z Commissioner Matthew Hanks made the motion to approve with staffs comments and P&Z Commissioner Mary Starr seconded. P&Z Chairperson Henry Fuertes asked if this was common practice to place this type of condition on a plat. City Planner Harold Ellis stated conditions could be placed on a plat and explained that the Planning Department has relayed this information to the applicant previously that the improvements needed to be completed before moving forward. There was further discussion with regards to the future expansion of Kingsley and cost to the city to remove and replace the crosswalks due to expansion. The applicant, P&Z Regular Meeting November 5, 2012 Page 2 of 6 Christy Smidt with Kerry Gilbert and Associates stated the cost would be signage and paint only. The vote was 7-0. The Final Plat of Southern Trails Section 12 was approved with the condition that the crossing at Kingsley Drive be completed prior to recordation of the plat. CONSIDERATION & POSSIBLE ACTION - REQUEST FOR A WAIVER OF DECISION TIME FOR FINAL PLAT OF SOUTHERN TRAILS SECTION NINE B A request by Warren Escovy — LJA Engineering, applicant, on behalf of CL Ashton Woods, LP, owner, for approval of a Preliminary Plat of Southern Trails Section 913 for a 54 lot single-family residential subdivision. All that certain 13.76 acres of land, out at the 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, in the H.T. &B. R.R. Company Survey, Sec. 80, A-564, Brazoria County Texas P&Z Commissioner Mary Starr made the motion to approve, and P&Z Commissioner Neil West seconded. The vote was 7-0. The Waiver of Decision Time was approved for Final Plat of Southern Trails Section Nine B. CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SOUTHERN TRAILS SECTION NINE B A request by Warren Escovy — LJA Engineering, applicant, on behalf of CL Ashton Woods, LP, owner, for approval of a Preliminary Plat of Southern Trails Section 9B for a 54 lot single-family residential subdivision. All that certain 13.76 acres of land, out at the 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, in the H.T. &B. R.R. Company Survey, Sec. 80, A-564, Brazoria County Texas Planner II Ian Clowes stated no action required since the Waiver of Decision Time was approved. CONSIDERATION & POSSIBLE ACTION - PRELIMINARY PLAT OF THE PRESERVE AT HIGHLAND GLEN SECTION 3 P&Z Regular Meeting November 5, 2012 Page 3of6 A request by Christy Smidt, from Kerry Gilbert & Associates, applicant, on behalf of Beazer Homes, owner, for approval of a Preliminary Plat of Preserve at Highland Glen, Sec. 3, a 21 lot single-family residential subdivision, to wit Being 25.4 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more particularly being a portion of a called 56.233 acre tract conveyed to Beazer Homes Texas, L.P., by an instrument of record in File No. 20110092185, Official Public Records of Said Harris County, Texas (H.C.O.P.R.R.P.), being a portion of a called 61.217 acre tract conveyed to Beazer Homes Texas, L.P., by an instrument of record in File No. 20110092165, H.C.O.P.R.R.P., an undivided one-half (1/2) interest in said 56.233 acres and said 61.217 acres conveyed to Lennar Homes of Texas Land and Construction, Ltd by instrument of record in File No. 20110407994, H.C.O.P.R.R.P. Planner II Ian Clowes read the staff report stating there is an existing timeline associated with the Cluster Development Plan for amenity completion. Currently the applicant is in compliance with this timeline. P&Z Commissioner Mary Starr made the motion to approve, and P&Z Commissioner Ginger McFadden seconded. The vote was 7-0. The Preliminary Plat of the Preserve at Highland Glen Section 3 was approved. CONSIDERATION & POSSIBLE ACTION — OLD ALVIN ROAD CLUSTER PLAN A request by Alan Mueller, applicant, on behalf of S.E. Cemeteries of Texas, Inc., owner, for approval of a Cluster Plan on a 81.6 acre tract of land for a single-family residential subdivision, generally located a 500 feet north of McHard Road on both the east and west sides of Old Alvin Road. Legal Description: Being 81.572 acres of land in the H.T. & B.R.R. Co. Survey, Abstract 233 and the R.B. Lyle Survey, abstract 542, Brazoria County, Texas, more particularly being a portion of Lots 62, 63, 68, 69, 93 and 94 of the W. Zychlinsky Subdivision of record in Volume 29 Page 43 of the Deed Records of Brazoria County, Texas (B.C.D.R.). General Location: Five hundred feet north of McHard Road on both the east and west sides of Old Alvin Road. City Planner Harold Ellis read the staff report while Planner II Ian Clowes distributed a revised Cluster Plan and map subnmitted by the applicant. P&Z Vice Chairperson Linda Cowles made the motion to approve, and P&Z Commissioner Mary Starr seconded. P&Z Regular Meeting November 5, 2012 Page 4 of 6 P&Z Vice Chairperson Linda Cowles expressed concern with the Commission and Council only receiving the revision five (5) minutes prior to the hearing with no time to review. There was discussion from P&Z Commissioner Daniel Tunstall inquiring about the trails on the map provided, and from P&Z Chairperson Henry Fuertes inquiring about the zoning of the surrounding subdivision to the north. P&Z Commissioner Daniel Tunstall stated he would like more details on the parks. There was much discussion with P&Z Commissioner Matthew Hanks asking for more details and a chart on the lot sizes and how many. P&Z Commissioner Daniel Tunstall inquired about the trails on the pipeline easements and wants to see or know about the amenities, trails, park, detention. Discussion ensued with staff and the applicant. The applicant felt the level of details on the site plan they submitted meets those of previously approved Cluster Plans. Lata Krishnarao, Director of Community Development spoke and stated that staff needed more details. Staff acknowledged they have made mistakes in the past with other Cluster Plans and for this reason is seeking more details before moving forward. P&Z Vice Chairperson Linda Cowles made the motion to postpone until the November 19, 2012 P&Z Regular Meeting, and P&Z Commissioner Daniel Tunstall seconded. The vote was 4-3. The Old Alvin Road Cluster Plan was approved for postponement until November 19, 2012. Chairperson Henry Fuertes and Commissioners Mary Starr and Neil West voted in opposition. DISCUSSION ITEMS Commissioners Activity Report and Texas APA Conference Update— P&Z Vice - Chairperson Linda Cowles and P&Z Commissioner Mary Starr reported on their recent Texas APA Conference in Fort Worth, Texas. Zoning Update- City Planner Harold Ellis discussed the previous Zoning and Conditional Use Permit cases. Next JPH and P&Z Regular Meeting to be held on November 19, 2012. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the P&Z Regular Meeting at 8:44 p.m. These minutes are respectfully submitted by: P&Z Regular Meeting November 5, 2012 Page 5 of 6 Judy Brown, Planning Office Coordinator Minutes approved as submitted and/or corrected on this 19th day of Nov r 2012, A.D. ^ / Henry Fuertes, P&Z Chairperson P&Z Regular Meeting November 5, 2012 Page 6 of 6