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2005-03-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES PLANNING & ZONING COMMISSION MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 21, 2005, AT 6 30 P.M., IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The Regular Meeting was called to order at approximately 9.15 p m with the following present: P & Z Chairperson Ruby Sandars P &Z Vice Chairman Todd locco P & Z Commissioner Peter Dumont P &Z Commissioner Neil West P &Z Commissioner Joe McWhorter Absent were Commissioners Sheryl Greiner and David Ransom Also in attendance Executive Director of Community Services Nick Finan, 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 — March 7, 2005 Commissioner West made a motion to approve Vice Chairman locco seconded Minutes were approved 5-0 III NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1219 A request by Sylvia C Betancourt, 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 0 950 acre tract of land, Lot 8, of Hoang Subdivision, an unrecorded subdivision of 11 980 acre tract of land being Lot 49 and the north 87 05 feet of Lot 50, of the Allison Richey Gulf Coast Home Company Subdivision of Section 9, H.T & B R.R. Company Survey, Abstract 234, according to the map or plat thereof recorded in Volume 2, Pages 23 and 24, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas, Generally Located West of Roy Road, and North of Robin Sound Street. Vice Chairperson locco made a motion to approve Commissioner West seconded Vote was 5-0 for approval of Zone Change Application No 1219 B. CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1220 A request by Manuel Morales, 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: Minutes-P&Z-03/21/05 Page 1 of 11 PLANNING & ZONING COMMISSION Legal Description 0 76 acres of land, called Lot 16 of the unrecorded Sharondale Subdivision, situated in a 10 acre tract of land in the south one-half of the northeast one-quarter of the southeast one-quarter of the G C Smith Survey, Section 16, H T & B R.R. Company Survey, Abstract 546, City of Pearland, Brazoria County, Texas, Generally located at 6217 Sharondale Street. Vice Chairperson locco made a motion to approve Commissioner West seconded Vote was 5-0 for approval of Zone Change Application No 1220 C CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1218 A request by the City of Pearland, 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-2), on the following described property, to wit: Legal Description 20 5 acres of land out of Villa Verde Section 2 according to the plat thereof filed in Film Code No 537152 of the Harris County Map Records and Villa Verde Section 3 according to the plat thereof filed in Film Code No 533093 of the Harris County Map Records, W D C Hall Survey, Abstract 23, City of Pearland, Harris County, Texas, Generally Located East of Scarsdale Boulevard, and South of Blackhawk Boulevard Vice Chairperson locco made a motion to approve Commissioner West seconded. Vote was 5-0 for approval of Zone Change Application No 1218. D CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1224 A request by William E. Moody, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi-Family District (MF) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description 0 43 acres of land out of Pearland Townsite, Lots 19, 20, 21,22, 23, and 24, Block 32, and Lots 19A, 20A, 21A, 22A, 23A, and 24A, Block 32, City of Pearland, Brazoria County, Texas, Generally Located at the Northeast Corner of Walnut Street and San Antonio Avenue Commissioner Dumont made a motion to approve Commissioner McWhorter seconded for discussion There was discussion regarding right-of-way issues, road connections and the Old Townsite Vote was 5-0 for approval of Zone Change Application No 1224 E. CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1222 A request by Ricardo David and'Danny Wright, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Commercial District (C), on the following described property, to wit: Legal Description Lot 1, Block 1, of Westfield Estates, Abstract 70, W D C Hall, as recorded in Volume 22, Page 37 and 38, of the Map Records of Brazoria County, Texas, City of Pearland, Minutes-P&Z-03/21/05 Page 2 of 11 PLANNING & ZONING COMMISSION Brazoria County, Texas, Generally Located on the East Side of Dixie Farm Road, and South of Westfield Lane Commissioner Dumont made a motion to approve for discussion Commissioner West seconded Vote was 0-5, therefore, the zone change request was denied The Commission stated that Zone Change Application No 1222 was denied due to (1) non-conformance with the Comprehensive Plan, (2) no other businesses or Commercial zones in the area and (3) heavier traffic issues. F CONSIDERATION & POSSIBLE ACTION - Specific Use Permit Application No. 141 A request by Master Imaging, LLC, applicant for CA New Plan Texas Assets, LP, owner, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for an Unscheduled/New Business Service Use, and more specifically, a "Medical Imaging Mobile Vehicle" in the General Business District (GB(S)), on the following described property, to wit: Legal Description 12.604 acres of land, Pearland Plaza, Lot 1, Abstract 198, Thomas A Green Survey, City of Pearland, Brazoria County, Texas, Generally located at 3231 E Broadway Street, generally at the northeast corner of Broadway Street (FM 518) and Barry Rose Road Vice Chairperson locco made a motion to approve with specific limitations, which are (1) that this MRI trailer is the only one to be located on the property at any given time, and (2) that the trailer would only be located at that specific location on the property Commissioner Dumont seconded Commissioner Dumont made a motion to amend the initial motion, with two amendments, which are (1) must have appropriate emergency access for fire department and (2) must meet wind load requirements. Commissioner McWhorter seconded Discussion ensued about the breezeway to be built that connects the trailer to the building, egress issues, wind load requirements, etc. A letter from an engineer would suffice for the wind load requirements. The amendment passed on a 5-0 vote Further discussion ensued regarding allowing a business to conduct business in a temporary trailer and the lack of time limitation for the trailer placement based on current ordinances Vote was 4-1 for approval of the Specific Use Permit Application with the stated limitations and amendments. Chairperson Sandars voted against. G. CONSIDERATION & POSSIBLE ACTION - Final Plat of G&L Estates A request by Walker Treesh, Surveyor, for owners David and Ana Garcia and Antonio and Isabel Linares, for approval of a Final Plat subdivision of 1 8239 acres zoned Low Density Single Family (R-1) into two lots for residential use The plat is located on the west side of Harkey Road at Terrell Drive, and is described as follows Minutes-P&Z-03/21/05 Page 3 of 11 PLANNING & ZONING COMMISSION Being a subdivision containing 1 8239 acres of land out of the north one-half of the southeast one-fourth of Section 16, H T & B R.R. Co Survey (G C Smith Survey), Abstract 546, City of Pearland, Brazoria County, Texas Plans and Plat Administrator Richard Keller stated that the applicant has requested that consideration of this plat be withdrawn No further action is necessary H CONSIDERATION & POSSIBLE ACTION - Final Plat HCA Medical Campus Pearland A request by Richard Davis, P E , Othon, Inc., for HCA Health Services of Texas, for approval of a Final Plat subdivision of 48 00 acres in Shadow Creek Ranch into two lots for a medical campus The plat is located at the southeast corner of the intersection of Shadow Creek Parkway (F M 2234) and S H 288 in the Shadow Creek Ranch PUD east of Business Center Drive, and is described as follows. A subdivision of 48 000 acres of land, situated in the J Crawley Survey, Abstract No 174, the William Morris Survey, Abstract No 344, and the T C R.R. Co , Section 4, Abstract No 675, City of Pearland, Brazoria County, Texas Planner 1 Diana DuCroz gave the staff report. There are a number of outstanding items Vice Chairperson locco made a motion to approve with staff recommendations and Commissioner Dumont seconded Discussion ensued about the number of outstanding items, the 30-day time frame for processing, ability to set procedures for denying plats with incomplete packages Vote was 4-1 for approval with staff recommendations Vice Chairperson locco voted against. I CONSIDERATION & POSSIBLE ACTION - Amendment of Final Plat of Lakes at Highland Glen A request by Chuck Davis, C L. Davis & Co , for Beazer Homes Texas, for an Amending Plat subdivision of 26 0174 acres for 69 single-family lots, previously approved for a Final Plat on August 18, 2004, for the purpose of changing a street name The property is located on the west side of Pearland Parkway, and is described as follows A subdivision of 26 0174 acres being all of Final Plat of the Lakes at Highland Glen Section Nine (Plat Records Vol 24, Pg 248 BCPR) and being out of the D H M Hunter Survey, Abstract No 76, City of Pearland, Brazoria County, Texas Planner 1 Diana DuCroz gave the staff report. There are no outstanding items. Vice Chairperson locco made a motion to approve, and Commissioner McWhorter seconded. Vote was 5-0 to approve J CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Medellin Addition A request by Chuck Davis, C L. Davis & Co , for Charles and Hazel Medellin, for a Preliminary Plat subdivision of 2.451 acres located in the E.T J for 3 residential lots, ranging in size from Minutes-P&Z-03/21/05 Page 4 of 11 PLANNING & ZONING COMMISSION 16,602 to 67,519 square feet. The property is located between Rustic Lane (C R. 131) and Glenview Drive, south of the Sunset Meadows subdivision near the Galveston County line, and is described as follows. 2 451 acres out of Lot 77 West Friendswood Subdivision, Perry & Austin League, A-111, (Vol 01, Pg 96 B C P R.), Brazoria County, Texas. Planner 1 Diana DuCroz gave the staff report. There are no outstanding items Commissioner McWhorter made a motion to approve, and Commissioner West seconded Vote was 5-0 to approve K. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of NTB Pearland A request by John G Thomas, R.P L.S , Thomas Land Surveying, for Milestone Partners, Ltd , for approval of a Preliminary Plat subdivision of 1 486 acres zoned Commercial (C) into one lot for commercial use The plat is located on the north side of Broadway, east of Dixie Farm Road, and is described as follows Being a subdivision of 1 486 acres of land out of the W D C Hall League, Abstract No. 70, in the City of Pearland, Brazoria County, Texas Planner 1 Diana DuCroz gave the staff report. There are no outstanding items Commissioner McWhorter made a motion to approve, and Vice Chairperson locco seconded. Vote was 5-0 to approve L. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Pearland 123 Section One A request by Scott Owen, Brown & Gay Engineers, for Paul Grohman, for approval of a Preliminary Plat subdivision of 44 79 acres for 93 residential lots, with four reserves of 17 5 acres for detention, drainage, park land, and commercial use The property is located west of Pearland Parkway north of Broadway, and is described as follows. A subdivision of 44 79 acres of land located in the D H M Hunter Survey, A-76, & the H T & B R.R. Co Survey, A-233, City of Pearland, Brazoria County, Texas. Planner 1 Diana DuCroz gave the staff report. Based on the decisions made at the City Council workshop earlier this evening, there are no outstanding items. Commissioner McWhorter made a motion to approve, and Vice Chairperson locco seconded. Discussion ensued regarding the plat being in a portrait format, versus landscape It was determined that the format should be landscape with the title block on the lower right. Vote was 5-0 to approve Minutes-P&Z-03/21/05 Page 5 of 11 PLANNING & ZONING COMMISSION M. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Savannah Bend Section Two A request by Geoffrey Freeman, Brown & Gay Engineers, for Savannah Development, Ltd , for approval of a Preliminary Plat subdivision of 37 8 acres in Savannah for 119 residential lots, with four reserves totaling 10 9 acres for drainage, detention, and open space The property is located in the City of Pearland E T J , east of Sable Tree Lane in the Savannah development, and is described as follows Being 37 8 acres of land out of the J S Talmage Survey, A-562, Brazoria County, Texas. Planner 1 Diana DuCroz made the staff report. There are several outstanding items Vice Chairperson locco made a motion to approve with staff comments, and Commissioner West seconded Vote was 5-0 to approve with staff recommendations N. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Savannah Cove Section Two A request by,Geoffrey Freeman, Brown & Gay Engineers, for Savannah Development, Ltd , for approval of a Preliminary Plat subdivision of 18 4 acres in Savannah for 57 residential lots, with three reserves of 1 51 acres for landscaping, open space, and drainage The property is located in the City of Pearland E.T J , at the southwest corner of the intersection of C R. 58 and future Savannah Parkway, and is described as follows Being 18.4 acres of land out of the A.0 H & B Survey, A-403, Brazoria County, Texas. Planner 1 Diana DuCroz gave the staff report. There are outstanding items Commissioner West made a motion to approve with staff comments, and Commissioner Dumont seconded Vote was 5-0 to approve with staff recommendations 0 CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Savannah Landing Section Three A request by Geoffrey Freeman, Brown & Gay Engineers, for Savannah Development, Ltd , for approval of a Preliminary Plat subdivision of 30 81 acres in Savannah for 55 residential lots, with seven reserves of 10 66 acres for landscaping, open space, utilities, and detention The property is located in the City of Pearland E.T J , east of Savannah Landing Lane in the northwest section of Savannah, and is described as follows Being 30 81 acres of land out of the A.0 H & B Survey, A-403, Brazoria County, Texas. Planner 1 Diana DuCroz gave the staff report. There are outstanding items. Vice Chairperson locco made a motion to approve with staff comments, and Commissioner West seconded. Minutes—P&Z—03/21/05 Page 6 of 11 PLANNING & ZONING COMMISSION Vote was 5-0 to approve with staff recommendations. P CONSIDERATION & POSSIBLE ACTION - Final Plat of Savannah Cove Section One A request by Geoffrey Freeman, Brown & Gay Engineers, for Savannah Development, Ltd , for approval of a Final Plat subdivision of 15 57 acres of land in Savannah into 47 residential lots, with three reserves of 0 9142 acre for landscaping and open space. The property is located in the City of Pearland E.T J , west of Savannah Parkway between Savannah Landing Lane and Savannah Bend Drive, and is described as follows A subdivision of 15 57 acres of land located in the A.0 H & B Survey, A-403, Brazoria County, Texas Planner 1 Diana DuCroz gave the staff report. There is one outstanding item Vice Chairperson locco made a motion to approve with staff comments, and Commissioner West seconded. Vote was 5-0 to approve with staff recommendations Q. CONSIDERATION & POSSIBLE ACTION - Final Plat of Savannah Meadows Section Five A request by Geoffrey Freeman, Brown & Gay Engineers, for Savannah Development, Ltd., for approval of a Final Plat subdivision of 17 05 acres of land in Savannah for 68 residential lots, with two reserves of 3 3328 acres for landscaping, open space, and utilities. The property is located in the City of Pearland E.T J , east side of Savannah Parkway at Savannah Landing Lane in Savannah, and is described as follows. A subdivision of 17 05 acres of land located in the A.0 H & B. Survey, A-403, & J S Talmage Survey, A-562, Brazoria County, Texas. Planner 1 Diana DuCroz gave the staff report. There is one outstanding item Vice Chairperson locco made a motion to approve with staff comments, and Commissioner West seconded Vote was 5-0 to approve with staff recommendations. R. CONSIDERATION & POSSIBLE ACTION - Final Plat of Savannah Trace Section Three A request by Geoffrey Freeman, Brown & Gay Engineers, for Savannah Development, Ltd , for approval of a Final Plat subdivision of 20 84 acres of land in Savannah for 64 residential lots, with five reserves totaling 2.4936 acres for landscaping and open space The property is located in the City of Pearland E T J , west of Savannah Parkway north of Southern Oak Lane in Savannah, and is described as follows- A subdivision of 20 84 acres of land located in the A.0 H & B Survey, A-403, Brazoria County, Texas Minutes-P&Z-03/21/05 Page 7 of 11 PLANNING & ZONING COMMISSION Planner 1 Diana DuCroz gave the staff report. There are no outstanding items. Vice Chairperson locco made a motion to approve, and Commissioner West seconded. Vote was 5-0 to approve S. CONSIDERATION & POSSIBLE ACTION - Final Plat of Shadow Creek Ranch Portion of Trinity Bay Drive A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Right-of-Way Plat of 4 952 acres of land in Shadow Creek Ranch for a portion of Trinity Bay Drive The plat is located in the western portion of the Shadow Creek Ranch PUD in Fort Bend County, and is described as follows 4 952 acres, being out of the H T & B R.R. Co Survey, Section 83, Abstract 761, the S G Haynie Survey, Abstract 620, and the George Mac Donald Survey, Abstract 557, City of Pearland, Fort Bend County, Texas. Planner 1 Diana DuCroz gave the staff report. There are no outstanding items. Vice Chairperson locco made a motion to approve, and Commissioner West seconded Vote was 5-0 to approve T CONSIDERATION & POSSIBLE ACTION - Final Plat of Shadow Creek Ranch Portion of Biscayne Bay Drive at Spinnaker Bay Drive A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Right-of-Way Plat of 6 877 acres in Shadow Creek Ranch for portions of Biscayne Bay Drive and Spinnaker Bay Drive The plat is located in the southwest section of Shadow Creek Ranch in Brazoria County, and is described as follows. 6 877 acres, being out of the H T & B R.R. Company Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas. Planner 1 Diana DuCroz gave the staff report. There are no outstanding items. Vice Chairperson locco made a motion to approve, and Commissioner West seconded. J Vote was 5-0 to approve U CONSIDERATION & POSSIBLE ACTION - Final Plat of Shadow Creek Ranch Reflection Bay Drive North A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Right-of-Way Plat of 2 672 acres in Shadow Creek Ranch for a portion of Reflection Bay Drive This right-of-way plat is located north of Shadow Creek Parkway between Almeda School Road and Kirby Drive, and is described as follows. 2 672 acres, being out of the T C R.R. Co Survey, Section 3, Abstract 678, City of Pearland, Brazoria County, Texas Minutes-P&Z-03/21/05 Page 8 of 11 PLAN'N'IN'G F. ZOI'll''G COMMISSION' Planner 1 Diana DuCroz gave the staff report. There are no outstanding items Vice Chairperson locco made a motion to approve, and Commissioner West seconded Vote was 5-0 to approve V CONSIDERATION & POSSIBLE ACTION - Final Plat of Shadow Creek Ranch SF-41 A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 21 081 acres in Shadow Creek Ranch and zoned SCR-PUD R-7 for 102 residential lots, with six reserves of 0 327 acre for landscaping, open space, and drainage The plat is located north of proposed Spinnaker Bay Drive and west of proposed Biscayne Bay Drive in the Shadow Creek Ranch PUD, and is described as follows. 21 081 acres, being out of the H T & B R.R. Co Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas Planner 1 Diana DuCroz gave the staff report. There is one minor outstanding item Vice Chairperson locco made a motion to approve with staff comments, and Commissioner West seconded Vote was 5-0 to approve with staff recommendations W CONSIDERATION & POSSIBLE ACTION - Final Plat of Shadow Creek Ranch SF-42 A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 40 487 acres in Shadow Creek Ranch and zoned SCR-PUD R-6 into 113 residential lots, with 12 reserves of 16 327 acres for landscaping, open space, drainage, pipelines, and a drill site The plat is located east of proposed Spinnaker Bay Drive in the Shadow Creek Ranch PUD, and is described as follows 40 487 acres, being out of the H T & B R.R. Co Survey, Section 83, Abstract 305, and the H T & B R.R. Co Survey, Section 82, Abstract 565, City of Pearland, Brazoria County, Texas. Planner 1 Diana DuCroz gave the staff report. There are no outstanding items. Vice Chairperson locco made a motion to approve, and Commissioner West seconded Vote was 5-0 to approve X. CONSIDERATION & POSSIBLE ACTION - Final Plat of Shadow Creek Ranch SF-43 A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 11 705 acre in Shadow Creek Ranch and zoned SCR-PUD R-7 into 56 residential lots, with 3 reserves of 1 340 acres for landscaping and open Minutes-P&Z-03/21/05 Page 9 of 11 PLANNING & ZONING COMMISSION space The plat is located south of proposed Spinnaker Bay Drive in the Shadow Creek Ranch PUD, Brazoria County, and is described as follows 11 705 acres, being out of the H T & B R.R. Co Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas Planner 1 Diana DuCroz gave the staff report. There are no outstanding items. Vice Chairperson locco made a motion to approve, and Commissioner West seconded Vote was 5-0 to approve Y CONSIDERATION & POSSIBLE ACTION - Final Plat of Shadow Creek Ranch SF-44 A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 13 877 acres in Shadow Creek Ranch and zoned SCR-PUD R-6 for 60 residential lots, with three reserves of 631 acre for landscaping and open space The plat is located north of Broadway and west of proposed Spinnaker Bay Drive in the Shadow Creek Ranch PUD, and is described as follows. 13 877 acres, being out of the H T & B R.R. Co Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas. Planner 1 Diana DuCroz gave the staff report. There is one minor outstanding item Vice Chairperson locco made a motion to approve, and Commissioner West seconded Vote was 5-0 to approve Z. DISCUSSION ITEM P &Z Surveys Senior Planner Theresa Grahmann asked for the three outstanding surveys, from Commissioners Dumont and Greiner (absent), and Vice Chairperson locco Ms. Grahmann reviewed the survey questions and gave the responses received to date There was much discussion regarding communication between the City Council and Planning and Zoning Commission on case outcomes. AA. DISCUSSION AND POSSIBLE ACTION — Meeting time for P & Z meetings on 1st Mondays Executive Director of Community Services Nick Finan led a discussion regarding the meeting start time of the first P&Z meeting in the month There was discussion regarding the Commissioners availability for a 6 00 meeting time and how that would be affected by the City Council meetings. Mr Finan stated that he will set up a meeting with the Mayor to discuss the issue further III. NEXT MEETING DATES April 4, 2005 — Regular P &Z April 18, 2005—JPH & Regular P &Z IV ADJOURNMENT Minutes-P&Z-03/21/05 Page 10 of 11 PLANNING & ZONING COMMISSION The Regular Meeting was adjourned at 10•27 p m These minutes ar spec fully submitted by. 74 Mehsa Durham, Planning Administrative Secretary Minutes approved as submitted and/or corrected on this y day of 2005 by S dars Plannin &Zoning Commission Chairperson Minutes-P&Z-03/21/05 Page 11 of 11