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2015-02-02 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, FEBRUARY 2, 2015, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 6:32 p.m. with the following present: Chairperson Henry Fuertes Commissioner Mary Starr Commissioner Ginger McFadden Vice -Chairperson Daniel Tunstall Commissioner Thomas Duncan Commissioner Elizabeth McLean Also present were: City Planner Johnna Matthews, Senior Planner Ian Clowes, Deputy City Attorney Nghiem Doan, Acting City Engineer Richard Mancilla, and Office Supervisor Judy Brown. Commissioner Derrick Reed was not present at the meeting. CONSENT AGENDA P&Z Commissioner Mary Starr made the motion to approve all the items on the Consent Agenda, and P&Z Commissioner Elizabeth McLean seconded the motion. The Consent Agenda was approved 6-0. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSED ABSENCES 1. Approve the Minutes of the January 5, 2015 P&Z Regular Meeting, held at 6:30 p.m. 2. Excuse the Absence of Thomas Duncan from the January 5, 2015 P&Z Regular meeting. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF AVALON TERRACE SECTION 5 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 5, a 62 lot single-family residential subdivision on approximately 14.75 acres of land on the following described property, to wit P&Z Regular Meeting Agenda February 2, 2015 Page 1 of 5 Legal Description: A subdivision of 14.75 acres of land situated in H.T. & B.R.R. Co. Survey Abstract -505 Brazoria County, Texas. General Location: 500 feet west of the northwest corner of Max Road and Hughes Ranch Road. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF ENERGY ESTATES A request by Chris L. Hendricks of Wilson Survey, applicant; on behalf of William and Kathrine Mars, owner; for approval of a Final Plat of Energy Estates, a 3 lot single- family residential subdivision on approximately 5.611 acres of land, to wit: Legal Description: A subdivision of 5.611 acres of land in the H.T. & B.R.R. Co. Survey, Section 7, Abstract No. 219 in the City of Pearland, Brazoria County, Texas. General Location: The 2200 Block of Steven Drive. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SOUTHERN TRAILS SECTION 17 A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of CL Ashton Woods, L.P., owner, for approval of a Final Plat of Southern Trails Section 17, a 149 lot single-family residential subdivision on approximately 52.023 acres of land, to wit: Legal Description: A subdivision of 52.023 acres of land situated in the H.T. & B.R.R. Company Survey, Section 80, also known as J.S.Talmage Survey, Abstract No. 564, Brazoria County, Texas. Being a portion of Lots 43, 44, 45, 53, 54, 55 and 56 of 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 Brazoria County, Texas. General Location: The northwest corner of CR 59 and Kirby Drive. MATTERS REMOVED FROM CONSENT AGENDA — No items removed/no action taken. OLD BUSINESS CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2014-22Z A request of Alan Mueller, applicant; on behalf of The Felton M. and Mary C. Baker Revocable Trust, owner; for approval of a change in zoning from the General Commercial (GC) and Office and Professional (OP) zoning districts, to a Planned Development (PD) known as Baker's Landing; on approximately 79.94 acres of land, to P&Z Regular Meeting Agenda February 2, 2015 Page 2 of 5 wit. Legal Description: All of that certain 79.94 acres of land, located in the A.C.H. & B. Survey, Section 1, A-147 and in the H.T. & B.R.R. Co. Survey 11, A-239, Brazoria County, Texas, out of the tracts of land described as Lots A, B, C, D, E, G, H, I, J, K, L, M, N, O, P, O, R, S, T, U and W, and 2.011 acres in the deed from Felton M. Baker and wife, Mary C. Baker to the Felton M. and Mary C. Baker Revocable Trust, recorded under Document Number 2005011939, of the Official Records of Brazoria County, Texas General Location: Between Main Street (SH 35) to the west and Old Alvin Road to the east; and south of East Walnut Street, Pearland, TX P&Z Commissioner Mary Starr made the motion to postpone the Consideration and Possible Action of Zone Change Application No. 2014-22Z until February 16, 2015 P&Z Regular Meeting, and P&Z Commissioner Elizabeth McLean seconded the motion. The vote was 6-0. Zone Changed Application No. 2014-22Z was postponed until February 16, 2015. NEW BUSINESS PUBLIC HEARING — REPLAT OF RESERVE "C" OF ORCHARD GLEN A request by Richard DeLeon of Lentz Engineering, applicant; on behalf of K. Hovnanian of Houston II, LLC., owners; for approval of a Replat of Reserve "C" of Orchard Glen, a 2 lot single-family residential subdivision on approximately .3816 acres of land, to wit: Legal Description: A Subdivision of 0.3816 acres of land, located in the H.T.&B.R.R. Co. Survey, Section 12, Abstract No. 508, City of Pearland, Brazoria County, Texas General Location: The 3500 Block of Old Holly Drive, Pearland, TX P&Z Chairperson Henry Fuertes opened the public hearing for the Replat of Reserve "C" of Orchard Glen at 6:35 p.m. Senior Planner Ian Clowes read the staff report stating the applicant wants to replat the recreational reserve into two single family residential lots. He stated that the plat is the only a legal document that is requiring the recreational reserve. G161� Staff received once public comment form, and a letter from the Pearland Farms HOA, and five phone calls, all in opposition. P&Z Regular Meeting Agenda February 2, 2015 Page 3 of 5 4 01 PE7I ti V O fsT...,j8gp. The applicant was not present to speak. Ms. Jacquelyn M. Trejo of 3511 Old Holly Drive, Pearland, TX 77584 spoke in opposition of the replat. She stated the original plan was to keep the space a recreational area and that the residents were not notified of the possible change. There was not discussion among Commission/Staff/Applicant. P&Z Chairperson Henry Fuertes adjourned the public hearing for the Replat of Reserve "C" of Orchard Glen at 6:42 p.m. CONSIDERATION AND POSSIBLE ACTION — REPLAT OF RESERVE "C" OF ORCHARD GLEN A request by Richard DeLeon of Lentz Engineering, applicant; on behalf of K. Hovnanian of Houston II, LLC., owners; for approval of a Replat of Reserve "C" of Orchard Glen, a 2 lot single-family residential subdivision on approximately .3816 acres of land, to wit: Legal Description: A Subdivision of 0.3816 acres of land, located in the H.T.&B.R.R. Co. Survey, Section 12, Abstract No. 508, City of Pearland, Brazoria County, Texas General Location: The 3500 Block of Old Holly Drive, Pearland, TX P&Z Vice Chairperson Daniel Tunstall made the motion to approve, and P&Z Commissioner Thomas Duncan seconded. Senior Planner Ian Clowes stated the staff report was the same as from the public hearing. P&Z Chairperson Henry Fuertes asked if staff had concerns. Deputy City Attorney stated that any concerns would have been addressed in the Preliminary and Final Plat, and not during the Replat. Senior Planner Ian Clowes stated that the change in the use is what concerns staff. P&Z Vice Chairperson Daniel Tunstall asked how many certificate of occupancies (CO's) had been issued for Orchard Glen. Staff was unable to answer at the time. Resident Jacqueline Trejo stated there were approximately eight homes in Orchard Glen, with most of them currently occupied. Commissioner Mary Starr asked if the reserve lot belonged to the developer and is this P&Z Regular Meeting Agenda February 2, 2015 Page 4 of 5 why a petition does not have to be sent out. Deputy City Attorney Nghiem Doan stated yes, but also because it is a replat which requires a public hearing. The vote was 0-6. The Replat of Reserve "C" of Orchard Glen was denied. DISCUSSION ITEMS 1. Commissioners Activity Report — Chairperson Fuertes discussed a recent mailing of a community newsletter and the discussion of diversity housing. 2. Comprehensive Plan Update — Tentative joint workshop date is May 4, 2015 3. Zoning Update — City Planner Johnna Matthews discussed the Bakers Landing would be heard on 2-16-15. All the items from the 1-5-15 JPH would have a 1St reading on 2-9-15, and a 2nd reading on 2-23-15. 4. National APA Conference —April 18-21, 2015 in Seattle. Need to know soon who will attend. Two commissioners are budgeted to attend. Mr. Thomas Duncan stated he was interested. Mr. Daniel Tunstall stated he would need to check his availability. Mr. Henry Fuertes stated he would be interested in attending. 5. Next JPH/P&Z Meeting, February 16, 2015 — Regular Meeting. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. I, Judy Brown, Office Supervisor of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general public at City Hall on the 16th day of February 2015, A.D., at 5:30 Judy orown, Wce Supervisor Agenda removed day of February,'� s- P&Z Regular Meeting Agenda February 2, 2015 Page 5 of 5