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2014-06-02 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JUNE 2, 2014, AT 6:30 p.m. COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE CALL TO ORDER P&Z Chairperson Henry Fuertes called the P&Z Regular Meeting of June 2, 2014 to order at 6:34 p.m. APPROVAL OF MINUTES P&Z Commissioner Derrick Reed made the motion to postpone the Minutes of the May 19, 2014 P&Z Regular Meeting, and P&Z Commissioner Elizabeth McLane seconded. Details will be added and minutes will be resubmitted at the next meeting. The vote was 7-0 to postpone the minutes of May 19, 2014. EXCUSED ABSENCE P&Z Commissioner Daniel Tunstall made the motion to excuse the absence of P&Z Vice -Chairperson Mary Starr at the May 19, 2014 P&Z Regular meeting, and P&Z Commissioner Ginger McFadden seconded. The vote was 7-0 and the absence was excused. OLD BUSINESS CONSIDERATION OF POSSIBLE AND POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2014-5Z A request of Alan Mueller, applicant; on behalf of Texproj2008, LLC, owner; for approval of an amendment to three (3) tracts identified as Tracts A, B and C located within the Province Village Planned Unit Development (PUD) to allow for single family homes, on approximately 24.154 acres of land on the following described property, to wit: Legal Description: Tract A: A 5.176 -acre tract in the W.D.C. Hall Survey, Abstract No. 23, Harris County, Texas. Said 5.176 -acres is in a 5.732 -acre tract described in a deed to TEXPROJ2008, P&Z Regular Meeting June 2, 2014 Page 1 of 7 L.L.C., as recorded in Clerk's File No. 20070659409 in the Harris County Clerk's Office Tract B: A 13.361 -acre tract in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas. Said 13.361 -acres is in a 21.898- acre tract described in a deed to TEXPROJ2008, L.L.C. as recorded in Clerk's File No. 2007062105 in the Brazoria County Clerk's Office Tract C: A 5.617 -acre tract in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas. Said 5.617- acres is in a 9.805 -acre tract described in a deed to TEXPROJ2008, LLC, as recorded in Clerk's File No. 2007062105 in the Brazoria County Clerk's Office General Location: Northeast of the intersection of Broadway Street and Pearland Parkway and west of Country Club Drive, Pearland, TX Planning & Zoning Commissioner Daniel Tunstall made the motion to approve, and P&Z Vice Chairperson Mary Starr seconded. City Planner Johnna Matthews provided a summary of the outcome of the May 19, 2014 regular meeting of the Planning and Zoning Commission. She stated that the item was tabled in order to give the applicant an opportunity to meet with CenterPoint about relocating overhead utility lines and to give the applicant an opportunity to meet with staff regarding enhanced open space and codifying amenities. City Planner Johnna Matthews stated that it was staffs understanding that the applicant was not proposing any changes and would like for the Planning & Zoning Commission to take action on the item as is. City Planner Johnna Matthews provided the Planning & Zoning Commission with an email from the applicant which was sent late May 30, 2014, that staff has not had the opportunity to review. The applicant, Alan Mueller stated that he was not proposing to make any changes and asked for a decision, as they are under contract for the property. Mr. Mueller also stated that the original PD only provided parks but they were proposing both a park and an amenitized detention area and improvements worth over $230,000 dollars. Discussion ensued regarding staff's recommendation regarding enhanced open space and amenitized detention. The vote was 7-0. Zone Change No. 2014-5Z was approved. CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION NO. 2014-04 A request of Chan Patel with Sparkles Express, applicant; on behalf of The Old Place, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for an Auto Wash P&Z Regular Meeting June 2, 2014 Page 2 of 7 (Self Service) within the General Business (GB) zoning district, on approximately 1.10 acres of land on the following described property, to wit: Legal Description: A tract or parcel containing 1.1019 acres or 47,999 square feet of land, out of a called 9.993 acre tract situated in the H.T. & B.R.R. CO. Survey, Abstract No. 506, Brazoria County, Texas Conveyed to the Old Place, Inc. as recorded in the Brazoria County Clerk's File No. 97-001270, Brazoria County, Texas General Location: Approximately 1.1 acres of land included in a larger tract of land located at the northwest corner of Broadway Street and Hillhouse Road, Pearland, Texas City Planner Johnna Matthews stated that the applicant requested Application No. 2014-04 be postponed. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION - FIVE YEAR CAPITAL IMPROVEMENT PROGRAM 2015 — 2019 P&Z Vice Chairperson Mary Starr made the motion to approve, and P&Z Commissioner Elizabeth McLane seconded. P&Z Chairperson Henry Fuertes inquired about some of the items that have not been addressed from the 2007 bond vote. He wanted to know if the City had to build what was voted on and if a time limit could be put on items that passed the vote. City Attorney Nghiem Doan said the time limit would be a policy item. Director of Engineering & Capital Projects Trent Epperson stated the city did not have to build what was voted on and that the budget would be followed. P&Z Chairperson Henry Fuertes also mentioned that repairs might not be necessary nor would new libraries due to the new technology. Trent Epperson stated only the needs that needed to be met would be. P&Z Chairperson Henry Fuertes will send Director of Community Development Director Lata Krishnarao the following list of items that the P&Z Commission would like to see added to the CIP. Director Lata Krishnarao stated that all comments needed to address only things that were talked about at this meeting. 1. Complete Streets 2. Amenitized Detention 3. West Mary's Creek & Environmental Center Amenitized Detention Ponds 4. JHEC WW1 502 in CIP There was brief discussion with regards to a recommendation to move forward with Bailey Rd & 101 widening. Also discussed sound wall, annexation completion and date. P&Z Regular Meeting June 2, 2014 Page 3 of 7 Director Lata Krishnarao stated we would There was other discussion about McHard repairs, the Recycle Center having grant Detention site. need about 6 months for the annexation. Rd being moved to the top of the list for money to start a trail and The Hickory The vote was 7-0. Five Year Capital Improvement Program 2015-2019 was approved. CONSIDERATION & POSSIBLE ACTION - PRELIMINARY PLAT OF ENCLAVE AT HIGHLAND GLEN SECTION 4 A request by Geoff Freeman of BGE Kerry R. Gilbert and Associates, applicant; on behalf of Jeff Anderson of Beazer Homes, owner; for approval of a Preliminary Plat of Enclave at Highland Glen Section 4, a 37 lot subdivision on 25.9 acres of land, to wit: Legal Description: Being a subdivision of land containing 25.9 acres of land out of the Thomas J. Green Survey, A-290, City of Pearland Texas, County of Brazoria, Texas. General Location: Generally located at the intersection of Hughes Rd. and Harbor Ridge Ln. Associate Planner Ian Clowes read the staff report. There were no outstanding items. P&Z Commissioner Derrick Reed made the motion for approval, and P&Z Vice Chairperson Mary Starr seconded. The vote was 7-0. Preliminary Plat of Highland Glen Section 4 was approved. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF ENCLAVE AT HIGHLAND GLEN SECTION 5 A request by Geoff Freeman of BGE Kerry R. Gilbert and Associates, applicant; on behalf of Jeff Anderson of Beazer Homes, owner; for approval of a Preliminary Plat of Enclave at Highland Glen Section 5, a 55 lot subdivision on 12.9 acres of land, to wit: Legal Description: Being a subdivision of land containing 12.9 acres of land out of the Thomas J. Green Survey, A-290, City of Pearland Texas, County of Brazoria, Texas. General Location: located at the intersection of Baywater Creek Ln. and Cedar Ridge Ln. Associate Planner Ian Clowes read the staff report. There were no outstanding items. P&Z Commissioner Elizabeth McLane made the motion for approval, and P&Z Commissioner Daniel Tunstall seconded. P&Z Regular Meeting June 2, 2014 Page 4 of 7 The vote was 7-0. Preliminary Plat of Enclave at Highland Glen Section 5 was approved. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF PRESERVE AT HIGHLAND GLEN SECTION 3 A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of Bruce Craig of Beazer Homes, owner; for approval of a Final Plat of Preserve at Highland Glen Section 3, a 15 lot residential subdivision on 25.38 acres of land, to wit: Legal Description: A subdivision of 25.381 acres of land situated in the Derril H.M. Hunter Survey, Abstract 36, City of Pearland, Harris County, Texas. General Location: Generally located a half mile northeast of the intersection of Hughes Road and Pearland Parkway. Associate Planner Ian Clowes read the staff report. He stated that the park fees needed to be paid before recordation. Staff recommended approval. P&Z Commissioner Daniel Tunstall made the motion for approval, and P&Z Commissioner Elizabeth McLane seconded. The vote was 7-0. The Final Plat of Preserve at Highland Glen Section 3 was approved with the following condition; (1) Park fees paid prior to recordation. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF - 56 A request by Rene Rodriguez, from LJA, applicant, on behalf of 741 SCR, LTD, owner, for approval of a Final Plat of Shadow Creek Ranch - SF 56, a 61 lot residential subdivision, to wit: Legal Description: Being a subdivision of 15.913 acres of land situated in the S.G. Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas also being a replat of Shadow Creek Ranch SF -56F, recorded under F.N. 20060295, F.B.C.O.P.R. General Location: Generally located at the southwest corner of Windward Bay Dr. and Arcadia Bay Dr. Associate Planner Ian Clowes read the staff report. There were no outstanding items. P&Z Regular Meeting June 2, 2014 Page 5 of 7 P&Z Commissioner Derrick Reed made the motion for approval, P&Z Vice Chairperson Mary Starr seconded. The vote was 7-0. The Final Plat of Shadow Creek Ranch SF -56 was approved. CONSIDERATION & POSSIBLE ACTION — MASSEY LAKE ESTATES CLUSTER DEVELOPMENT PLAN A request by Kevin Cole, applicant, on behalf of Tin Dinh, owner, for approval of a Cluster Plan on a 40 acre tract of land for a single-family residential subdivision, to wit: Legal Description: All of that certain 40 acre tract of land located in the H. T. & B. R. R. Company Survey, Abstract No. 547, Volume 2, Page 51 of the Plat Records of Brazoria County, Texas. General Location: Generally located north of Bailey Road, between Manvel Road and Charles Avenue Planner Lauren (Stanley) Fehr read the staff report. Discussion ensued with regards to the surroundings of the pond and fencing of the property. City Planner Johnna Matthews thanked the applicant for working with staff. P&Z Commissioner Ginger McFadden made the motion for approval, P&Z Vice Chairperson Elizabeth McLane seconded. The vote was 7-0. Massey Lake Estates Cluster Development Plan was approved. DISCUSSION ITEMS 1. Commissioners Activity Report — P&Z Commissioner Ginger McFadden stated she took some pictures on vacation of Children's, Art, and Nature Parks. She will forward to Director of Community Development Lata Krishnarao. Discussion ensued about other parks and park features. 2. Zoning Update — City Planner Johnna Matthews discussed the status of zone changes and CUP's. 3. Comprehensive Plan Update — Director of Community Development Lata Krishnarao stated that the consultant was following up with the reports. 4. Next JPH/P&Z Meeting June 16, 2014 — City Planner Johnna Matthews stated there would be 4 items along with Modern Green and that we were waiting for a withdraw on the O'Day property. ADJOURNMENT P&Z Regular Meeting June 2, 2014 Page 6 of 7 P&Z Chairperson Henry Fuertes adjourned the meeting at 8:07 p.m. These minutes were respectfully submitt by: Jennifer T tum, Office Assistant Minutes approved as submitted and/or corrected on this 16Th day of June 2014, A.D. enry Fuertes, Chairperson P&Z Regular Meeting June 2, 2014 Page 7 of 7