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2005-02-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES PLANNING & ZONING COMMISSION MINUTES REGULAR MEETING CITY OF PEARLAND PLANNING AND ZONING COMMISSION FEBRUARY 21, 2005 AT 6 30 P M SECOND FLOOR CONFERENCE ROOM CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TX CALL TO ORDER The Regular Meeting was called to order at 9.15pm with the following present: P & Z Chairperson Ruby Sandars P &Z Vice Chairman Todd locco P & Z Commissioner Peter Dumont P & Z Commissioner David Ransom P & Z Commissioner Neil West P & Z Commissioner Joe McWhorter Absent was Commissioner Sheryl Greiner Also in attendance Executive Director of Community Services Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller, Planner 1 Diana DuCroz, Deputy City Attorney Nghiem Doan and Planning Administrative Secretary Melisa Durham II APPROVAL OF MINUTES—January 17, 2005 (JPH) and January 17, 2005 (Regular Meeting) Commissioner Ransom made a motion to approve Vice Chairman locco seconded Minutes were approved 6-0 III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1210 A request by C & D Construction, applicant for Lease A Lot, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R-E), on the following described property, to wit: Legal Description. 7.20 acres of land out of Lot 41, Allison Richey Gulf Coast Home Company Subdivision, part of Suburban Gardens Subdivision, of Section 1, H T & B R.R. Company Survey, Abstract 310, Brazoria County, Texas, according to the map or plat as recorded in Volume 2, Page 107-108, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (generally located on the South Side of Hughes Ranch Road (CR 403), and on the West Side of Brookney Street) Commissioner Ransom made a motion to approve Commissioner West seconded Vote was 6-0 for approval of Zone Change Application No 1210 B. CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1212 Minutes—P&Z 02/21/05 Page 1 of 8 PLAN'N'IN'G F ZON'IN'G COMMISSION' A request by Rory C Wilcox, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following described property, to wit: Legal Description Lots 65A and 66A, Figland Orchard Subdivision, Abstract 240, H T & B R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located at 5930 Fite Road) Commissioner Ransom made a motion to approve Commissioner West seconded Vote was 6-0 for approval of Zone Change Application No 1212 C CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1216 A request by David E Nugent, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following described property, to wit: Legal Description. Lot 4, Block 7, Hickory Creek Place, Section 7, Abstract 219, City of Pearland, Brazoria County, Texas (generally located at 2213 Melanie Lane) Commissioner Ransom made a motion to approve Commissioner West seconded Vote was 6-0 for approval of Zone Change Application No 1216 D CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1211 A request by Afis and Nichole Olajuwon, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Estate Lot Single Family Dwelling District (R-E) to Single Family Dwelling District (R-1), on the following described property, to wit: Legal Description. 1 6053 acres, being the remainder of Lot 8, Hickory Place Subdivision, Abstract 310, H T & B R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the South Side of Hughes Ranch Road (CR 403), and East of Bryan Court) Vice Chairman made a motion to approve for discussion Commissioner Ransom seconded Discussion ensued regarding square footage and inconsistency of the proposed change with the Comprehensive Plan Vote was 0-6 for denial of Zone Change Application No 1211 E. CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1215 A request by E. M Polker and Rick Brumley, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: B R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the East Side of Harkey Road, on the South Side of Willow Street, and on the North Side of Cottonwood Street) Minutes—P&Z 02/21/05 Page 2 of 8 PLAN'N'IN'G F, ZOI''IrG COMMISSION' Commissioner Ransom made a motion to approve for discussion Commissioner West seconded Discussion ensued regarding inconsistency with Comprehensive Plan, inconsistency with existing R-1 residential districts and the potential negative impact of the zone change on surrounding residential land Vote was 0-6 for denial of Zone Change Application No 1215 due to the above- stated staff recommendations. F CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1213 A request by Jack McGuff, Jr , AIA, applicant for Massoud Motamedi, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: Legal Description 5 00 acres, being part of Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H T & B R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the East Side of Harkey Road, and North of Fite Road Commissioner Ransom made a motion to approve Commissioner West seconded Discussion ensued regarding concerns with an open GB zone designation, and no specific business known for this location Vote was 0-6 for denial of Zone Change Application 1213 The Commission recommended that the applicant consider applying for OP or NS zone district in trying to achieve a transition zone between residential and commercial. G CONSIDERATION & POSSIBLE ACTION -Zone Change Application No 1214 A request by Jack McGuff, Jr , AIA, applicant for Massoud Motamedi, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: Legal Description Lots 13 and 14, of Garden Acres Subdivision, Section 3, as recorded in Volume 10, Page 77 of the Brazoria County Plat Records, Abstract 219, H T & B R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the West Side of O'Day Road, and South of Gardenia Street) Commissioner Ransom made a motion to approve Commissioner West seconded Discussion ensued regarding maintaining the west side of the street as residential without infiltration of business Vote was 0-6 for denial of Zone Change Application No 1214 H CONSIDERATION & POSSIBLE ACTION - Specific Use Permit Application No. 140 A request by John Andrews, applicant for Shawcor Pipe Protection LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for a Pipe Processing Facility in the Light Industrial District (M- 1(S)), on the following described property, to wit: Minutes—P&Z 02/21/05 Page 3 of 8 PLANNING & ZONING COMMISSION Legal Description 104 89 acres of land, out of Tracts 83, 84, 85 and 86, out of the Zychlinski Subdivision of Section 3 and 4, H T & B R.R. Company Survey and R.B Lyle Survey, Abstracts 232 and 543, as recorded in Volume 29, Page 43, Deed Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (generally located at 4501 Knapp Road) Commissioner Ransom made a motion to approve Commissioner West seconded Discussion ensued regarding what the Special Use Permit would allow, and reiteration of the type of process the applicant is proposing at their plant. Vote was 6-0 to approve Specific Use Permit Application No 140 CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1217 A request by Kerry R. Gilbert and Associates, Inc., applicant for Ashton Southern Trails Joint Venture, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Planned Unit Development District (PUD) to Planned Unit Development District (PUD), an amendment to the existing PUD for Southern Trails, on the following described property, to wit: Legal Description 522.62 acres of land, situated in the H T & B R.R. Company Survey, Section 80, Abstract 564, and Section 84, Abstract 538, being all of a called 120 134 acre tract of land described in a deed recorded Volume (90) 820, Page 217, Volume (91) 866, Page 357 and Volume (92) 994, Page 172 all of the Brazoria County Deed Records, and Lots 3 through 8, 11 through 18, 20 through 26, 27 through 34, Lots 37 and 38 and the west one-half of Lot 39, all of Lots 42, 43, 44, 45, 52 through 55, and 8 11 acres of Lot 56 of the Allison Richey Gulf Coast Home Company subdivision recorded in Volume 2, Page 98 of the Brazoria County Map Records, City of Pearland, Brazoria County, Texas (generally located on the South Side of Broadway Street (CR 92), on the North Side of County Road 59, and on the East and West Sides of County Road 48) Commissioner Ransom made a motion to approve Commissioner West seconded Discussion ensued regarding masonry fencing, benefit of signage and size of letters/faceplate Vote was 3-3 denying Zone Change Application No 1217 Voting "for" were Commissioners McWhorter, Ransom and Dumont. Voting "against" were Chairperson Sandars, Vice Chairman locco and Commissioner West. Reasons for denial were that this Commission does not wish to set a precedent for allowing signage outside of the guidelines (locco), and incompliance with the Subdivision Ordinance (West and Sandars) J CONSIDERATION & POSSIBLE ACTION — Final Plat of CVS Shadow Creek Ranch A request by Bill Brown, Carter & Burgess, Inc. for Lasco Development Corp for approval of a Final Plat subdivision of a 2 637-acre parcel in the Shadow Creek Ranch PUD into one lot for a new pharmacy and retail use The property is located at the southeast corner of Shadow Creek Parkway (F M 2234) and Kirby Drive, and is described as follows Minutes—P&Z 02/21/05 Page 4 of 8 PLA.+1'.1I.IG & ZOOI'.IG COMMISSIOe' 2 637 acres of land, situated in the T C R.R. Co Survey, Section 3, Abstract 678, and the T C R.R. Co Survey, Section 4, Abstract 675, Brazoria County, Texas, City of Pearland, Texas. Planner 1 Diana DuCroz presented the staff report. Plans and Plat Administrator Richard Keller presented the outstanding items. Commissioner Dumont made a motion to approve with staff comments Vice Chairman locco seconded Vote was 6-0 for approval with staff comments K. CONSIDERATION & POSSIBLE ACTION — Final Plat of Massey Ranch Elementary A request by Chuck Davis, C L. Davis & Co , for the Pearland Independent School District, for approval of a Final Plat subdivision of 39 9425 acres of land zoned Estate Lot Single Family (RE) for one lot for an elementary school The plat is located north of Bailey Road and west of F M 1128, and is described as follows A subdivision of 39 9425 acres out of Lots 5, 6, 9 & 13 Kanawha-Texas Company Subdivision of Parts of Sections 18 & 22, H T & B R.R. Co (Vol 2, PG 51 B C P R.) G C Smith Survey, Abstract 547, City of Pearland, Brazoria County, Texas Planner 1 Diana DuCroz presented the staff report. Plans and Plat Administrator Richard Keller presented the outstanding items Discussion ensued about the required sidewalk when the second school is built. Commissioner McWhorter made a motion to approve with staff comments Vice Chairman locco seconded Vote was 6-0 for approval with staff comments. L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Mykawa Investments A request by Chris Hendrick, Wilson Survey Group, for Mykawa Investments and Third Coast Packaging, for approval of a Final Plat subdivision of 6 7966 acres in the Heavy Industrial Zone (M-2) in order to create three lots for industrial use. The plat is located on the east side of Mykawa Road at Shanks Road, and is described as follows A subdivision of 6 7966 acres located in the H T & B R.R. Co Survey, Abstract 232, in the City of Pearland, Brazoria County, Texas Planner 1 Diana DuCroz presented the staff report. There are no outstanding items. Commissioner Dumont made a motion to approve Vice Chairman locco seconded Vote was 6-0 for approval M. CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah Bend, Section One A request by Geoffrey Freeman, Brown & Gay Engineers, for Savannah Development, Ltd , for approval of a Final Plat subdivision of 27 53 acres of land in Minutes—P&Z 02/21/05 Page 5 of 8 PLA.-1.,1OG & ZO.,10G COMMISSIO0 Savannah for 73 residential lots, with four reserves of 7 3352 acres for drainage, landscaping and open space The property is located in the City of Pearland ETJ, south of Savannah Bend Drive and east of Savannah Parkway, and is described as follows- 27 53 acres of land located in the J S Talmage Survey, Abstract 562, Brazoria County, Texas, also being out of Emigration Land Company Subdivision, Being a Portion of Lots 34 and 40, of Block 76, as Recorded in Vol 2, Pg 81, B C P R. Planner 1 Diana DuCroz presented the staff report. There are no outstanding items Commissioner Ransom made a motion to approve Commissioner West seconded Discussion ensued regarding the 30-day clause on plat approval, and using the titles of"reserve" versus "lot" Vote was 6-0 for approval N CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah Parkway Phase Three and a Portion of Savannah Bend Drive A request by Geoffrey Freeman, Brown & Gay Engineers, for Savannah Development, Ltd , for approval of a Final Right-of-Way Plat subdivision of 5 368 acres in Savannah for a portion of Savannah Parkway and Savannah Bend Drive The property is located in the City of Pearland ETJ in the north central portion of Savannah, and is described as follows. A subdivision of 5 368 acres of land located in the A.0 H & B Survey, Abstract 403 & J S Talmage Survey, Abstract 562, Brazoria County, Texas Planner 1 Diana DuCroz presented the staff report. There are no outstanding items. Vice Chairman locco made a motion to approve Commissioner Ransom seconded Vote was 6-0 for approval 0 CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF-50 A request by Jason R. Banda, LJA Engineering. & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Plat subdivision of 37 814 acres of land in the Shadow Creek Ranch PUD into 56 residential lots, with nine reserves totaling 22.457 acres for landscaping, drainage, open space, and a lake The plat is located north and east of Trinity Bay Drive at the Fort Bend/Brazoria County line in Shadow Creek Ranch, and is described as follows. 37 814 acres, being out of the S G Haynie Survey, Abstract 212, and the H T & B R.R. Co Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas, and the S G Haynie Survey, Abstract 620, and the H T & B R.R. Co Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas Planner 1 Diana DuCroz presented the staff report. There is one outstanding items Commissioner West made a motion to approve with staff comments Vice Chairman locco seconded. Minutes—P&Z 02/21/05 Page 6 of 8 PLA.le'Ie'G & ZO.lOG COMMISSIO'e' Vote was 6-0 for approval with staff comments. P CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF-51A A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Plat Subdivision of 21.23 acres of land in the Shadow Creek Ranch PUD into 91 residential lots, with four reserves totaling 273 acres for landscaping and open space The plat is located south of proposed Arcadia Bay Drive in Shadow Creek Ranch, Fort Bend County, and is described as follows 21 230 acres, being out of the H T & B R.R. Co Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas Planner 1 Diana DuCroz presented the staff report. There is one outstanding item Commissioner Ransom made a motion to approve with staff comments Vice Chairman locco seconded Vote was 6-0 for approval with staff comments. Q. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF-51B A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Plat subdivision of 51 085 acres of land in the Shadow Creek Ranch PUD into 113 residential lots, with four reserves totaling 25 032 acres-for drainage, open space, and a lake The plat is located south of Trinity Bay Drive in Shadow Creek Ranch in Fort Bend and Brazoria Counties, and is described as follows 51 085 acres, being out of the H T & B R.R. Co Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas, and the H T & B R.R. Co Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas Planner 1 Diana DuCroz presented the staff report. There is one outstanding item Commissioner Ransom made a motion to approve with staff comments Vice Chairman locco seconded Vote was 6-0 for approval with staff comments. R. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF-60 A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Plat subdivision of 24 412 acres of land in the Shadow Creek Ranch PUD into 40 residential lots, with eight reserves totaling 14 337 acres for drainage, flood storage, lake, landscaping, and open space The plat is located east of F M 521 and north of proposed Arcadia Bay Drive in Shadow Creek Ranch, Fort Bend County, and is described as follows Minutes—P&Z 02/21/05 Page 7 of 8 PLANNING & ZONING COMMISSION 24 412 acres, being out of the F Hooper Survey, Abstract 198, and the H T & B R.R. Company Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, I Texas Planner 1 Diana DuCroz presented the staff report. There is one outstanding item Commissioner Ransom made a motion to approve with staff comments. Commissioner West seconded Vote was 6-0 for approval with staff comments. S CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Villages of Mary's Creek A request by Kevin Price for VMC Partners, Ltd., for approval of a Preliminary Plat subdivision of 30 098 acres zoned Low Density Single Family (R-1) into 68 residential lots with five reserves of 6 5337 acres for drainage and open space The property is located between Pearland Parkway and Mary's Creek southeast of Independence Park, and is described as follows. A subdivision of 30 098 acres located in the Warren D C Hall League, Abstract 70, City of Pearland, Brazoria County, Texas Planner 1 Diana DuCroz presented the staff report. There are outstanding items. Commissioner Ransom made a motion to approve with staff comments. Vice Chairman locco seconded Discussion ensued regarding access to the trail system Vote was 6-0 for approval with staff comments. IV NEXT MEETING DATES March 7, 2005 — Regular P &Z March 21, 2005—JPH & Regular P &Z V ADJOURNMENT The Regular Meeting adjourned at 10.39pm This site is accessible to disabled individuals. For special assistance, please call City Secretary Young Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be made These minutes respectfully submitted by. Melisa Durham, Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 7 day of dit,di/ , 2005 JA'Ldet' ' Ruby Sand s Planning& Ding Commission Chairperson Minutes—P&Z 02/21/05 Page 8 of 8