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2013-12-02 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 02, 2013, AT 6:30 P.M., 2"d FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 6:30 PM with the following in attendance: P&Z Vice -Chairperson Mary Starr P&Z Commissioner Daniel Tunstall P&Z Commissioner Ginger McFadden P&Z Commissioner Elizabeth McLane P&Z Commissioner Linda Cowles P&Z Commissioner Derrick Reed (late arrival) Also in attendance were Deputy City Attorney Nghiem Doan, Community Development Director Lata Krishnarao, Deputy City Engineer Richard Mancilla, Associate Planner Ian Clowes, and Office Assistant Debbie Cody. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF AVALON TERRACE SECTION 4 A request by Brent Lindelof of Jones and Carter, applicant, on behalf of MHI, owner, for approval of a Final Plat of Avalon Terrace Section 4, a 57 lot single-family residential subdivision, on the following described property, to wit: Legal Description: A subdivision of 16.94 acres of land out of the H.T. & B.R.R. Co. Survey, Abstract -505 Brazoria County, Texas. General Location The northwest corner of Max Rd. and Hughes Ranch Rd. A motion was made by Commissioner Linda Cowles and seconded by Commissioner Elizabeth McLane to approve the final plat of Avalon Terrace Section 4. Associate Planner Ian Clowes presented the staff report with illustrations of the plat. He indicated that staff was recommending approval of the plat with no outstanding items. There was no discussion from the commissioners and the motion was approved 6 — 0 with Commissioner Derrick Reed in absentia. Minutes of P&Z Regular Meeting December 02, 2013 Page 1 of 6 CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF SCR SF — 64 A request by Rene Rodriguez, from LJA, applicant, on behalf of 741 SCR, LTD, owner, for approval of a Preliminary Plat of Shadow Creek Ranch - SF 64, a 38 lot single-family residential subdivision on approximately 14.021 acres of land, on the following described property, to wit: Legal Description: A subdivision of 14.021 acres of land situated in the H.T.&B.R.R. Co. Survey, Abstract 565, City of Pearland, Fort Bend County, Texas. General Location: The southeast corner of Trinity Bay Dr. and Kingsley Dr. A motion was made by Vice -Chairperson Mary Starr and seconded by Commissioner Ginger McFadden. Associate Planner Ian Clowes presented staff report stating that the plat was part of the Shadow Creek Planned Development (PD) which was original approved in 1999 and was initially planned to be a church site. He further stated that as a part of the PD they are allowed to swap land uses and being that it is a preliminary plat, the applicant will be required to update the land use plan prior to approval of a final plat as well as an updated calculation of the lots to ensure that they are within the allotted amount. Mr. Clowes noted that the Fire Marshal initially disapproved this plat due to the need for another emergency access. Mr. Clowes indicated that it now has that and Fire Marshal has approved. Staff recommends approval with the condition that the applicant provide an updated land use plan for Single Family. The motion was approved 6 — 0 with Commissioner Derrick Reed in absentia. CONSIDERATION AND POSSIBLE ACTION - PRELIMINARY PLAT OF HIGHLAND CROSSING SECTION 3 A request by Geoff Freeman of Kerry R. Gilbert and Associates, applicant, on behalf of Beazer Homes, owner for approval of the Preliminary Plat of Highland Crossing Section 3, generally located 1000 feet northeast from the intersection of McHard Rd. and Old Alvin Rd. for 50 lots on 12.8 acres, on the following described property, to wit: Legal Description: Being 12.8 acres of land out of the H.T. &B.R.R. Co. Survey, A-233 and D.H.M. Hunter Survey, A-76 City of Pearland. Brazoria County, Texas. General Location: Approximately 1000 feet northeast from the intersection of McHard Rd. and Old Alvin Rd. Minutes of P&Z Regular Meeting December 02, 2013 Page 2of6 A motion was made by Commissioner Daniel Tunstall and seconded by Vice - Chairperson Mary Starr. Associate Planner Ian Clowes presented the staff report stating that this is part of a Master Plat approved under the name Old Alvin Tract. He stated staff is recommending approval with no conditions and also stated that it was part of a cluster development plan which has a number of amenities and open space requirements, the majority being in section one and two with parks and trails. Mr. Clowes indicated section three had one open space and also stated that with the approved cluster plan the applicant has up to 120 days to fulfill the amenities requirement. He pointed out the pipeline easement running through the center of the development where a number of the trails are required as part of the cluster development plan and stated there were no outstanding issues and staff was recommending approval. Commissioner Linda Cowles asked about where restricted reserve C was located and Mr. Clowes indicated the location on the plat. Mr. Alan Mueller of Gromax Development located at 4201 W. Broadway St. Pearland, TX 77581 spoke on behalf of Beazer Homes to further explain that the questioned area would also be for drainage because of the existing elevation of the subdivision to the north being too low, based on the current flood plain maps. Commissioner Daniel Tunstall asked about the depth of the south side of lot 19, indicating a concern about the proximity to the pipeline. Mr. Clowes stated the overall square footage of the lot was 7231, but that the length of the short side was not indicated. Mr. Mueller stated he would make sure that dimension was added to the Final plat. Commissioner Tunstall asked what the requirements of the Unified Development Code (UDC) were in terms of lot location and a pipeline. Mr. Mueller addressed the question, indicating that prior to obtaining a building permit within 100 feet of a pipeline, there is a special notice that the applicant must sign and have recorded with that lot. He also indicated that Beazer includes that in their standard disclosures when they are talking with a potential buyer. Commissioner Tunstall clarified that his concern was with P&Z's responsibility to the UDC requirements. Commissioner Linda Cowles located in the UDC, Section 3.2.14.2 f, which states it that P&Z shall require additional width no more than 75 feet and depth no more than 140 feet to lots abutting high pressure, oil or gas pipelines. Chairperson Henry Fuertes inquired as to whether it was known what type of pipeline it was and about the definition of high pressure pipeline. Deputy City Attorney Nghiem Doan responded that it was not defined. He however stated that it was known that the longer side of the lot in question was 135 feet which was in excess of the minimum requirement, thus allowing P&Z to choose to approve if they so desire. Commissioner Tunstall questioned if that approval would still stand even if it was only one side of the lot. Mr. Doan answered that it would be an average of the two sides in this situation. He further stated that these requirements were relating to a high pressure oil and gas pipeline and it was unknown as to what type of pipeline was there. Community Development Director Lata Krishnarao added that the minimum requirement for depth in that location was 90 feet and this particular lot scaled to 98 feet on the southern side. Mr. Doan reiterated the Minutes of P&Z Regular Meeting December 02, 2013 Page 3 of 6 fact that it was unknown what type of pipeline existed in this location, but that the lot complied with the section as platted regardless of the type of pipeline there. It was expressed by Ms. Krishnarao that the issue of residential lots abutting the unknown type of pipeline could be a future UDC amendment proposal. Commissioner Tunstall expressed concern regarding why it has not been specified on the plats in the past as to type of pipelines. Mr. Doan stated that plats are ministerial and that conditions of approval cannot be made outside of what the regulation states. Mr. Doan and Mr. Clowes both stated that the need for more depth would not resolve the issue in relation to the pipeline; it would be the need to regulate the setback. Mr. Clowes stated that regardless of the size of the lot, the home could still be built as close as 20 feet from the pipeline, reinforcing Mr. Doan's statement about the setback. The motion was approved with a vote of 5 — 2; the dissenting votes being from Commissioner Daniel Tunstall and Commissioner Derrick Reed (joined the meeting during the discussion of this item). CONSIDERATION AND POSSIBLE ACTION - PRELIMINARY PLAT OF HIGHLAND CROSSING SECTION 5 A request by Geoff Freeman of Kerry R. Gilbert and Associates, applicant, on behalf of Beazer Homes, owner for approval of the Preliminary Plat of Highland Crossing Section 5, generally located 600 feet northwest from the intersection of McHard Rd. and Old Alvin Rd. for 38 lots on 11.1 acres, on the following described property, to wit: Legal Description: Being 11.1 acres of land out of the H.T. &B.R.R. Co. Survey, A-233 and D.H.M. Hunter Survey, A-76 City of Pearland. Brazoria County, Texas. General Location: Approximately 600 feet northwest from the intersection of McHard Rd. and Old Alvin Rd. A motion was made by Commissioner Linda Cowles and seconded by Commissioner Elizabeth McLane. Associate Planner Ian Clowes presented the staff report and indicated staff was recommending approval with no outstanding items. There were no questions or comments. The motioned passed 7 — 0 unanimously. DISCUSSION ITEMS Zoning Update — Chairperson Henry Fuertes explained the purpose of the zoning update. Associate Planner Ian Clowes reviewed the list of zone changes and Minutes of P&Z Regular Meeting December 02, 2013 Page 4 of 6 conditional use permit (CUP) applications from June to present. All the zone changes submitted since June had been approved with the exception of 2106 O'Day Road which was withdrawn. The CUP's submitted had all been approved as well with the exception of 2106 O'Day Rd which also had been withdrawn. Comprehensive Plan Update — Community Development Lata Krishnarao explained for the benefit of new Commissioner Derrick Reed, the history of the Comprehensive Plan as well as what the city is doing to solicit public participation from the citizenry. She explained a website for citizen's input called Mindmixer. She further explained the formation of the Comprehensive Plan Committee (CPAC) comprised of 21 members, two of which are P&Z Commissioners. She stated that the consultant for the Comprehensive Plan had worked on the first chapter and she would be giving that to the Commissioners to review and comment. She further stated that there would be an update for Council on the second Monday of January to bring them up to date on the findings and invited the P&Z to attend if they wished. Mobility Now Presents — Access Management — Community Development Director Lata Krishnarao presented a video, explaining the existence of an access management plan for FM 518 and the benefits it provides. Discussion ensued amongst the commissioners regarding various areas of FM 518 and the difficulties and hazards of accessing businesses from the busy thoroughfare. Commissioner Ginger McFadden mentioned that some communities have implemented a yellow flashing left turn only light and the benefit of keeping the traffic moving without the hazard of people running red lights to make a left turn. Commissioner Derrick Reed mentioned some of the ways Dallas has addressed accessing businesses from busy thoroughfares. Commissioners Activity Report — There was nothing discussed. Next Joint Public Hearing — January 6, 2014 Next Planning & Zoning Regular Meeting — January 6, 2014 - Commissioner Daniel Tunstall suggested that the P&Z have a workshop on pipelines and Chairperson Henry Fuertes suggested it be in the first quarter of 2014. Minutes of P&Z Regular Meeting December 02, 2013 Page 5 of 6 ADJOURNMENT Chairperson Henry Fuertes adjourned the meeting at 7:47 PM. These Minutes are respectfully submitted by: &'�' 4 De bie Cody, Office As' t- Minutes approved as submitted and/or corrected on this 2nd day of December, 2013, Henryr uertes P&Z Chairperson Minutes of P&Z Regular Meeting December 02, 2013 Page 6of6