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2005-07-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPLANNING & ZONING COMMISSION MINUTES REGULAR MEETING CITY OF PEARLAND PLANNING AND ZONING COMMISSION July 18, 2005 AT 6:30 P.M. CHAMBER COUNCIL CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TX I. CALL TO ORDER The Regular Meeting was called to order at 9:31 pm. with the following present: P & Z Vice -Chairperson Todd locco P & Z Commissioner Neil West P & Z Commissioner Sheryl Greiner P & Z Commissioner Joe McWhorter Also in attendance: Executive Director of Community Services Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Planner 1 Diana DuCroz, Deputy City Attorney Nghiem Doan and Planning Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES: June 20, 2005 — Regular Meeting and June 27, 2005 Special Meeting Commissioner Greiner made a motion to approve the minutes as presented, and Commissioner McWhorter seconded. Minutes were approved 4-0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1237 A request by Wallace and Edith Longoria, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following described property, to wit: Legal Description: Lot 6, Block 4, of Garden Acres Subdivision, Section 2, H.T. & B.R.R. Company Survey, Abstract 219, City of Pearland, Brazoria County, Texas General Location: Located at 2627 Lazy Bend Street Commissioner Greiner made a motion to approve, and Commissioner McWhorter seconded. There was no discussion by the Commissioners/Staff. The vote was 4-0 for approval of the zone change. Minutes — P&Z 07/18/05 Page 1 of 10 PLANNING & ZONING COMMISSION B. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1235 AND SPECIFIC USE PERMIT APPLICATION NO. 148 A request by Sovereign Grace Church, applicant for Dr. Ted Cleaves, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R -E), and approval of a Specific Use Permit for a church (R-E(S)), on the following described property, to wit: Legal Description: 9.989 acres of land, Lot 33, Section 10, T.T. & B.R.R. Company Survey, Abstract 505, Allison Richey Gulf Coast Home Company Subdivision, as recorded in Volume 2, Page 84, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas General Location: Located on the West Side of Max Road, and South of Brookside Road Commissioner Greiner made a motion to approve with the stipulations as proposed by the staff, and including a fence along the north and west property lines. Commissioner McWhorter had concerns regarding the fencing, as there are no residential homes adjoining at this time. Commissioner Greiner stated she is looking toward future growth. Planning Director Krishnarao asked for specifics on the type of fencing, and Commission Greiner stated it should conform to Commercial Standards. Senior Planner Grahmann asked for clarification on which sides of the property they were requesting fencing or screening. Commissioner Greiner stated the she was looking at the North and West sides. There was no further discussion. Commissioner West seconded this motion. Vice -Chairperson locco called for the vote. The vote was 4-0 for approval of the zone change with the four stipulations. C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1236 AND SPECIFIC USE PERMIT APPLICATION NO. 149 A request by Shepherd of the Heart Methodist, applicant for Anh Ho and Arlin Harwell, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), and approval of a Specific Use Permit for a church (R -1(S)), on the following described property, to wit: Legal Description: 10.00 acres in the J.S. Talmage Survey, Abstract 564, and being a part of Lot 36 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision recorded in volume 2, Page 98 of Minutes — P&Z 07/18/05 Page 2 of 10 PLANNING & ZONING COMMISSION the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas General Location: Located on the North Side of County Road 59, and West of Future Kirby Drive Commissioner Greiner made a motion to approve with stipulations presented by the staff including a screening fence along the property lines. Commissioner West seconded. Planner Director Krishnarao asked the Commissioners if they wanted screening on all sides. Commissioner Greiner stated she wants to include screening on the North, East and West sides. Commissioner McWhorter asked if it was possible to put a stipulation in our zoning approval that says they must put a fence up if the adjacent residents request it. Deputy City Attorney Doan stated that future residents could not make that call. There were no other comments and no further discussion. Commissioner McWhorter stated that he had concerns with requiring them to put a fence up. The vote was 3-1 for approval of the zone change. Commissioner McWhorter voted against the motion. D. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE PERMIT APPLICATION NO. 150 A request by Jack McGuff, Jr., AIA, applicant for A.R. Hixson, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for an Industrial Manufacturing Facility with Blending and/or Packing Facilities, in the Heavy Industrial District (M -2(S)), on the following described property, to wit: Legal Description: 30.155 acres out of Lot 4, Section 12, H.T. & B.R.R. Company Survey, Abstract 508, Pearland, Brazoria County, Texas, and being a portion of that certain tract described in a deed dated 12- 20-2000 from Patrick L. Dooley to A.R. Hixson as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 01-009725, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of Magnolia Street, and East of Veterans Drive Commissioner Greiner made a motion to approve for purpose of discussion, and Commissioner McWhorter seconded. Vice -Chairperson locco asked the staff about the truck traffic coming off the new bridge that will be built over the railroad. Planning Director Krishnarao stated that because there is a large area already industrial now, the road would probably adjust for that. Commissioner McWhorter stated that he was opposed to any chemicals being near a residential area. Commissioner West stated that he opposes this. Commissioner Greiner had no comments. Vice -Chairperson locco commented that he was around when the adjacent land was originally zoned from industrial to residential. He said this Minutes — P&Z 07/18/05 Page 3 of 10 PLANNING & ZONING COMMISSION property in question was not part of the property to be rezoned residential. He does not support putting chemicals near a residential area. Vice -Chairperson called for a vote. The motion failed 0-4. The Specific Use Permit was denied. Vice -Chairperson locco made a motion to combine agenda items E, F and G. Commissioner Greiner seconded the motion, and it carried 4-0. Planner DuCroz read each and any outstanding items. E. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW CREEK RANCH SF -52 A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for a approval of a Preliminary Plat subdivision of 13.679 acres of land in Shadow Creek Ranch and zoned SCR -PUD R-6 into 61 residential lots, with three reserves totaling .204 acres for landscaping and open space. The property is located in the southwest portion of Shadow Creek Ranch in Fort Bend County, and is described as follows: Legal Description: 13.679 acres being out of the H.T. & B.R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas F. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW CREEK RANCH SF -54 A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Plat subdivision of 16.566 acres of land in Shadow Creek Ranch and zoned SCR -PUD R-7 into 67 residential lots, with eight reserves totaling 2.187 acres for landscaping, drainage, open space, and pipeline easements. The property is located on the western edge of Shadow Creek Ranch in Fort Bend County, and is described as follows: Legal Description: 16.566 acres being out of the F. Hooper Survey, Abstract 198, City of Pearland, Fort Bend County, Texas G. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH ENTRANCE RESERVES A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 0.880 acres of land in Shadow Creek Ranch for six entrance reserves on the north side of Broadway at Kirby Drive, Kingsley Minutes — P&Z 07/18/05 Page 4 of 10 PLANNING & ZONING COMMISSION Drive, and Half Moon Bay Drive. The property is described as follows Legal Description: 0.880 acres being out of the H.T. & B.R.R. Company Survey, Section 83, Abstract 305, the H.T. & B.R.R. Company Survey, Section 82, Abstract 565 the T.C.R.R. Company Survey, Section 3, Abstract 678, and the T.C.R.R. Company Survey, Section 4, Abstract 675, City of Pearland, Brazoria County, Texas Vice -Chairperson locco called for a motion. Commissioner West made a motion to approve with staff comments, and Commissioner Greiner seconded. There was no discussion by Commissioners/Staff. The vote was 4-0 for approval of items E, F and G. H. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF COUNTRY CLUB PLAZA A request by Jay Javadi, Donya, LLC, for a Preliminary Plat of 6.4224 acres zoned Commercial (C) and Maximum Density Single Family (R-4) for one lot for commercial use. The property is located at the west corner of Broadway and Liberty Drive, and is described as follows: Legal Description: 6.4224 acres of land, out of a 313 acre tract in the W. D. C. Hall Survey, Abstract No. 70, in the City of Pearland, Brazoria County, Texas Planner DuCroz read the outstanding items. Vice -Chairperson locco called for a motion. Commissioner McWhorter made the motion to approve with staff comments, and Commissioner Greiner seconded. There was no discussion by Commissioners/Staff. The vote was 4-0 for approval. I. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF EMERALD STONE A request by Kathy Denton, JKC & Associates, for approval of a Preliminary Plat of 10.4696 acres zoned R-2 for 28 residential lots. The plat is located on the east side of O'Day Road at Dublin Lane, and is described as follows: Legal Description: 10.4696 acres of land situated in the H.T. & B.R.R. Company Survey, Section 6, Abstract 544, City of Pearland, Brazoria County, Texas Minutes — P&Z 07/18/05 Page 5 of 10 PLANNING & ZONING COMMISSION Planner DuCroz read the outstanding items. Commissioner McWhorter made the motion to approve and Commissioner Greiner seconded. There was no discussion by Commissioners/Staff. The vote was 4-0 for approval. J. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF JAMISON LANDING A request by Paul H. Dickson, for Jamison Landing Land Co., LP, for approval of a Preliminary Plat subdivision of 17.5127 acres zoned Commercial (C) and Maximum Density Single Family (R-4) for 68 residential lots and one commercial tract. The property is located on the south side of Broadway between Pine Hollow Drive and Pine Valley Drive, and is described as follows: Legal Description: 17.5127 acres of land being the remainder a called 37.421 acre tract, as recorded in volume 1548, Page 473 of the deed records of Brazoria County, Texas, being all of Tract 43, a portion of Tract 30, and a portion of Tract 29, out of the George W. Jenkins Subdivision, according to the map or plat thereof, recorded in Volume 2, page 20 of the deed records of Brazoria County, Pearland, Texas, & Located in the J.F. Perry and E.M. Austin Survey, A-111, City of Pearland, Brazoria County, Texas. Vice -Chairperson locco stated this plat was withdrawn from consideration at this meeting, and will be rescheduled for the August 1, 2005 meeting. K. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SAVANNAH LANDING SECTION THREE A request by Geoff Freeman, Brown & Gay Engineers, for Savannah Development, Ltd., for approval of a Final Plat subdivision of 30.86 acres in Savannah for 55 residential lots, with six reserves of 10.48 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: Legal Description: Being 30.86 acres of land located in the A.C.H. & B. Survey, A-403, Brazoria County, Texas. Planner DuCroz stated there were no outstanding items. Commissioner Greiner made the motion to approve and Commissioner McWhorter seconded the motion. There was no discussion by Commissioners/Staff. Minutes — P&Z 07/18/05 Page 6 of 10 PLANNING & ZONING COMMISSION The vote was 4-0 for approval. L. CONSIDERATION & POSSIBLE ACTION - PRELIMINARY PLAT OF SOUTHERN TRAILS PHASE 1 SECTION 5 A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., for approval of a Preliminary Plat subdivision of 13.65 acres in the Southern Trails PUD for two reserves of 9.399 acres for landscaping, open space, detention, drainage, and trails. The property is located north of future Southern Trails Drive in the Southern Trails PUD south of Broadway, and is described as follows: 13.65 acres of land located in the H.T. & B.R.R. Co. Survey, Sec. 80, A-564, City of Pearland, Brazoria County, Texas, also being out of the Allison - Richey Gulf Coast Home Company Subdivision, Part of Lots 3, 4, 13, 14, 15, & 23, Block 80, as recorded in Volume 2, Page 98, B.C.P.R. Planner DuCroz read the outstanding items. Commissioner Greiner made the motion to approve with staff comments, and Commissioner McWhorter seconded. The vote was 4-0 for approval. Vice -Chairperson locco stated that Agenda items M, O, Q and S will been be considered together as First Item, and Agenda items N, P, R and T will be considered together as Second Item. Vice -Chairperson locco made the motion to approve this, and Commissioner Greiner seconded. The vote was 4-0 to approve the taking of these items together. Vice -Chairperson locco opened a public hearing on items M, O, Q and S. M. CONDUCT A PUBLIC HEARING — FINAL PLAT OF SOUTHERN TRAILS PHASE 1 SECTION 1, A REPLAT OF AN EARLIER SUBDIVISION A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., for approval of a Replat to create 13 lots and 4 reserves in 1 block and to abandon all rights of the public in and to all roads and rights-of- way created in documents recorded in: Vol. 126, Pg. 569, B.C.D.R., Vol. 128, Pg. 87, B.C.D.R., Vol. 130, Pg. 77, B.C.D.R., Vol. 135, Pg. 540, B.C.D.R., and Vol. 2, Pg. 98, B.C.P.R., but only to the extent that such documents affect the property which is the subject of this replat. O. CONDUCT A PUBLIC HEARING — FINAL PLAT OF SOUTHERN TRAILS PHASE 1 SECTION 2, A REPLAT OF AN EARLIER SUBDIVISION A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., for approval of a Replat to create 3 reserves and to abandon all Minutes — P&Z 07/18/05 Page 7 of 10 PLANNING & ZONING COMMISSION rights of the public in and to all roads and rights-of-way created in documents recorded in: Vol. 118, Pg. 98 & 99, B.C.D.R., Vol. 124, Pg. 612, B.C.D.R., Vol. 130, Pg. 77, B.C.D.R., Vol. 135, Pg. 540, B.C.D.R., Vol. 2, Pg. 98, B.C.D.R., but only to the extent that such documents affect the property which is the subject of this replat Q. CONDUCT A PUBLIC HEARING - FINAL PLAT OF SOUTHERN TRAILS PHASE 1 SECTION 3, A REPLAT OF AN EARLIER SUBDIVISION A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., for approval of a Replat to create 99 lots in 3 blocks and to abandon all rights of the public in and to all roads and rights-of-way created in documents recorded in: Vol. 118, Pg. 99, B.C.D.R., Vol. 130, Pg. 77, B.C.D.R., Vol. 135, Pg. 540, B.C.D.R., Vol. 2, Pg. 98, B.C.D.R., but only to the extent that such documents affect the property which is the subject of this replat. S. CONDUCT A PUBLIC HEARING - FINAL PLAT OF SOUTHERN TRAILS PHASE 1 SECTION 4, A REPLAT OF AN EARLIER SUBDIVISION A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., for approval of a Replat to create 102 lots, 3 reserves in 4 blocks and to abandon all rights of the public in and to all roads and rights- of-way created in documents recorded in: Vol. 118, Pg. 98, B.C.D.R., Vol. 124, Pg. 612, B.C.D.R., Vol. 126, Pg. 569, B.C.D.R., Vol. 135, Pg. 540, B.C.D.R., Vol. 2, Pg. 98, B.C.D.R., but only to the extent that such documents affect the property which is the subject of this replat. There were no comments. Vice -Chairperson locco closed the public hearing. Vice -Chairperson locco called for consideration of items N, P, R and T. N. CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SOUTHERN TRAILS PHASE 1 SECTION 1 A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., for approval of a Final Plat subdivision of 14.61 acres in the Southern Trails PUD for 13 residential lots, with four reserves of 6.931 acres for landscaping, open space, drainage, and amenity lakes. The property is located on the south side of Broadway near the Half Moon Bay Drive intersection, and is described as follows: 14.61 acres of land located in the H.T. & B.R.R. Co. Survey, Sec. 80, A-564, City of Pearland, Brazoria County, Texas, also being out of the Allison - Richey Gulf Coast Home Company Subdivision, Part of Lots 27, 28, 29, 37, 38, & 39, Block 80, as recorded in Volume 2, Page 98, B.C.P.R. P. CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SOUTHERN Minutes - P&Z 07/18/05 Page 8 of 10 PLANNING & ZONING COMMISSION TRAILS PHASE 1 SECTION 2 A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., for approval of a Final Plat subdivision of 28.27 acres in the Southern Trails PUD for three reserves for landscaping, open space, detention, drainage, and a recreational center. The property is located on the south side of Broadway near the Half Moon Bay Drive intersection, and is described as follows: 28.27 acres of land located in the H.T. & B.R.R. Co. Survey, Sec. 80, A-564, City of Pearland, Brazoria County, Texas, also being out of the Allison - Richey Gulf Coast Home Company Subdivision, Part of Lots 13, 15, 21, 22, 23, 27, 28, 29, 30, & 31, Block 80, as recorded in Volume 2, Page 98, B.C.P.R. R. CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SOUTHERN TRAILS PHASE 1 SECTION 3 A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., for approval of a Final Plat subdivision of 30.62 acres in the Southern Trails PUD for 99 residential lots. The property is located on the south side of Broadway near the Half Moon Bay Drive intersection, and is described as follows: 30.62 acres of land located in the H.T. & B.R.R. Co. Survey, Sec. 80, A-564, City of Pearland, Brazoria County, Texas, also being out of the Allison - Richey Gulf Coast Home Company Subdivision, Being Part of Lots 20, 21, 22, 27, 28, 29, & 30, Block 80, as recorded in Volume 2, Page 98, B.C.P.R. T. CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SOUTHERN TRAILS PHASE 1 SECTION 4 A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., for approval of a Final Plat subdivision of 25.94 acres in the Southern Trails PUD for 102 residential lots, with three reserves of 1.676 acres for landscaping and open space. The property is located on the south side of Broadway near the Half Moon Bay Drive intersection, and is described as follows: 25.94 acres of land located in the H.T. & B.R.R. Co. Survey, Sec. 80, A-564, City of Pearland, Brazoria County, Texas, also being out of the Allison - Richey Gulf Coast Home Company Subdivision, Part of Lots 23, 29, 30, & 39, Block 80, as recorded in Volume 2, Page 98, B.C.P.R. Planner DuCroz read each item and all outstanding items. Minutes - P&Z 07/18/05 Page 9 of 10 PLANNING & ZONING COMMISSION There was some discussion in regards to the streetlights, and if fees have been paid. Co -Chairperson locco asked if there were any other questions. There were no comments from the applicant. There were no further comments from the Commissioners/Staff. Commissioner Greiner made a motion to approve, and Commissioner McWhorter seconded. The vote was 4-0 for approval of items N, P, R and T. IV. ADJOURNMENT The Regular Meeting adjourned at 10:09 p.m. These minutes respectfully sub fitted by: Judy KraJca, nning dm nis a iv Secretary Mi utes approved as submitted and/or corrected on this day of 2005. Ruby Sandars Planning+ & Zoning Commission Chairperson Minutes — P&Z 07/18/05 Page 10 of 10