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2012-07-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JULY 16, 2012 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 6:47 p.m. with the following present: P&Z Chairperson Henry Fuertes 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 Engineer Richard Mancilla and Office Coordinator Judy Brown. APPROVAL OF MINUTES P&Z Commissioner Daniel Tunstall made the motion to approve the minutes of the P&Z Regular Meeting of July 2, 2012, and P&Z Commissioner Mary Starr seconded. The vote was 6-0. The minutes of the P&Z Regular Meeting of July 2, 2012 were approved. NEW BUSINESS 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, 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. P&Z Minutes ... 07/16/2012 Page 1 of 5 General Location: 200 feet south of the intersection of West Cedar Trail Court and Curley Maple Drive. Planner II Evan DuVall stated the Final Plat of Pearland Farms Section Two was withdrawn by the applicant. No Action necessary. CONSIDERATION & POSSIBLE ACTION — REPLAT OF THE VILLAGES OF TOWNE LAKE A request by Rekha Engineering, INC, applicant, on behalf of VOTL Holdings, LLC, owner, for approval of a Replat of the 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. Planner II Evan DuVall read the staff report stating staff recommends approval with conditions as stated in the staff report plus one additional comment regarding access easement: 1) Mylars with signatures and three paper copies of the revisions 2) Recordation fees 3) Utility Letters of No Objection 4) Tax Certificates for recordation 5) Revise 26 foot access easement to be clearly depicted P&Z Commissioner Daniel Tunstall inquired about the lake/detention pond. Planner II Evan DuVall stated the pond is on another person's property with permission for detention only, but not a walking trail. The lake is part of the Planned Development. Planner DuVall also stated in regards to the Parkland Dedication, acreage was dedicated for park land. P&Z Commissioner Matthew Hanks amended his original motion to include staffs comments, and P&Z Commissioner Ginger McFadden seconded. P&Z Minutes 07/16/2012 Page 2 of 5 P&Z Commissioner Daniel Tunstall inquired if there was anything in the original agreement regarding upkeep of the landscaping. City Planner Harold Ellis stated it has to be maintained. P&Z Chairperson Henry Fuertes called for the vote. The vote was 6-0. The Replat of the Villages of Town Lake was approved with the following conditions: 1) Mylars with signatures and three paper copies of the revisions 2) Recordation fees 3) Utility Letters of No Objection 4) Tax Certificates for recordation 5) Revise 26 foot access easement to be clearly depicted CONSIDERATION & POSSIBLE ACTION - VARIANCE 2012-07 TO ALLOW A FLAG LOT A request by Rene Rodriguez from LJA Engineering, INC, applicant, on behalf of GCCLE-Shadow Creek, L.P., owner, for approval of a Variance to allow a 50-foot wide flag lot, on the following described property, to wit; Legal Description: A subdivision of 9.984 acres of land situated in the Dupuy and Roberts Survey, abstract 726 and the J. Crawley Survey, Abstract 174 City of Pearland, Brazoria County, Texas; Also being out of Lot C of Shadow Creek Parkway MarketPlace Amending Plat, Recorded in Document No. 20080901974, Brazoria County Texas. General Location: 1000 feet north of the northeast corner of Shadow Creek Parkway and State Highway 288. Planner II Evan DuVall read the staff report stating there were no outstanding issues and staff recommends approval. There was no discussion from the Commission/Staff. P&Z Chairperson Henry Fuertes called for the vote. P&Z Commissioner Mary Starr made the motion to approve, and P&Z Commissioner Ginger McFadden seconded. The vote was 6-0. Variance No. 2012-07 to allow a flag lot was approved. CONSIDERATION & POSSIBLE ACTION - WAIVER OF DECISION FOR THE REPLAT OF LOT 'C' OF SHADOW CREEK MARKETPLACE P&Z Minutes - 07/16/2012 Page 3 of 5 A request by Rene Rodriguez from LJA Engineering, INC, applicant, on behalf of GCCLE-Shadow Creek, L.P., owner, for approval of a Waiver of Decision for the Replat of lot 'C' of Shadow Creek Marketplace, in order to create two additional lots, on the following described property, to wit; Legal Description: A subdivision of 9.984 acres of land situated in the Dupuy and Roberts Survey, abstract 726 and the J. Crawley Survey, Abstract 174 City of Pearland, Brazoria County, Texas; Also being out of Lot C of Shadow Creek Parkway MarketPlace Amending Plat, Recorded in Document No. 20080901974, Brazoria County Texas. General Location: 1000 feet north of the northeast corner of Shadow Creek Parkway and State Highway 288. Planner II Evan DuVall stated staff recommends approval. P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z Commissioner Matthew Hanks seconded. There was no discussion from the Commission/Staff. P&Z Chairperson Henry Fuertes called for the vote. The vote was 6-0. The Waiver of Decision for the Replat of Lot 'C' of Shadow Creek Marketplace was approved. CONSIDERATION & POSSIBLE ACTION — REPLAT OF LOT `C' OF THE SHADOW CREEK MARKETPLACE A request by Rene Rodriguez from LJA Engineering, INC, applicant, on behalf of GCCLE-Shadow Creek, L.P., owner, for approval of a Replat of lot 'C' of Shadow Creek Marketplace in order to create two additional lots, on the following described property, to wit; Legal Description: A subdivision of 9.984 acres of land situated in the Dupuy and Roberts Survey, abstract 726 and the J. Crawley Survey, Abstract 174 City of Pearland, Brazoria County, Texas; Also being out of Lot C of Shadow Creek Parkway MarketPlace Amending Plat, Recorded in Document No. 20080901974, Brazoria County Texas. General Location: 1000 feet north of the northeast corner of Shadow Creek Parkway and State Highway 288. Planner II Evan DuVall read the staff report stating staff recommends postponement. P&Z Minutes 07/16/2012 Page 4 of 5 P&Z Commissioner Mary Starr made the motion to postpone, and P&Z Commissioner Daniel Tunstall seconded. There was no discussion from the Commission/Staff. P&Z Chairperson Henry Fuertes called for the vote. The vote was 6-0. The Replat of Lot 'C' of the Shadow Creek Marketplace was postponed. DISCUSSION ITEMS 1. Commissioners Activity Report — there was no discussion. 2. Cultural Arts Planning Committee — Director of Community Development Lata Krishnarao presented the proposal for the City of Pearland's first Cultural Arts Plan, eventually having a performing Arts Center. 3. Texas APA Conference, Fort Worth, Texas, October 3-6, 2012 — City Planner Harold Ellis reiterated the importance of the Commission attending the conference. 4. P&Z Annual Training, August 6, 2012, 5. Next P&Z Regular Meeting, August 6, 2012, and a joint workshop regarding the Unified Development Code ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the P&Z Regular Meeting at 7:28 p.m. These minutes are respectfully submitted by: Judy Brown, Planning Office Coordinator Minutes approved as submitted and/or corrected on this 6th day of July 2012, A.D. Henry Fuertes, P&Z Chairperson P&Z Minutes 07/16/2012 Page 5 of 5