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2005-08-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPLANNING & ZONING COMMISSION MINUTES REGULAR MEETING CITY OF PEARLAND PLANNING AND ZONING COMMISSION August 15, 2005 AT 6:30 P.M. CHAMBER COUNCIL CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TX CALL TO ORDER The Regular Meeting was called to order at 10:14 pm. with the following present: P & Z Chairperson Ruby Sandars P & Z Vice -Chairperson Todd locco P & Z Commissioner Neil West P & Z Commissioner David Ransom P & Z Commissioner Joe McWhorter 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 Judy Krajca. II. APPROVAL OF MINUTES: August 1, 2005 — Regular Meeting Vice -Chairperson locco made a motion to approve the minutes, with a correction on page four, and Commissioner Ransom seconded. Minutes were approved 5-0. III. NEW BUSINESS A. MASTER THOROUGHFARE PLAN AMENDMENT A request by the City of Pearland, for an amendment to the Thoroughfare Plan (Figure 7.2) of the City of Pearland Comprehensive Plan. Commissioner Ransom made a motion to approve, and Vice -Chairperson locco seconded. There was no discussion by the Commissioners/Staff. The vote was 5-0 for approval. B. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 151 A request by Voice Stream Houston, Inc., applicant for Randy A. and Connie L. Lange, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for "Radio or Minutes — P&Z 08/15/05 Page 1 of 8 PLANNING & ZONING COMMISSION Television or Microwave Towers (Commercial)" in the Light Industrial District (M - 1(S)), on the following described property, to wit: Legal Description: 4.9292 acre tract of land being out of and a part of Lot 58 and 57 of Figland Orchard Subdivision, a subdivision out of Section 13 of the H.T. & B.R.R. Company Survey, Abstract 240, according to the map or plat of same being recorded in Volume 3, Page 77, of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Harkey Road, and South of Figland Street. Vice -Chairperson locco made a motion to approve, and Commissioner Ransom seconded. There was much discussion between the Commissioners and Planning Director Krishnarao in regards to the setback. Mr. Shawn St. John, of 2 Greenway Plaza, #1100, Houston, TX 77046 spoke on behalf of Voice Stream Houston. Mr. St. John stated that he was requesting a SUP because this was a pole and not a manned facility. He stated he would use any kind of fence the city wanted. Much discussion continued regarding the property line and the setback between Commissioners/Staff/Mr. St. John. Vice -Chairperson locco amended the motion to have a 10 foot masonry fence all around the leased piece of property and from the building setback from the property line to the structure on both side and rear. Commissioner McWhorter seconded. Chairperson Sandars stated that there was an amendment to have a 25 foot setback from the property line and a 10 foot masonry fence. The vote was 5-0 for approval. The vote was called for a motion to approve this SUP. There was no discussion, and was passed 5-0 for approval. C. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 152 A request by Architectural Group International (AGI), applicant for The Home Depot, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for "Outside Display, Storage, and Sale of Merchandise and Equipment' in the Commercial District (C), on the following described property, to wit: Legal Description: 10.8757 acres of land, Restricted Reserve "A" out of the Final Plat of Home Depot U.S.A, Inc. Subdivision, a subdivision containing 14.6536 acres of land situated in the W.D.C. Hall Survey, Abstract 70, George W. Jenkins Minutes — P&Z 08/15/05 Page 2 of 8 PLANNING & ZONING COMMISSION Subdivision, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of FM 518 (Broadway Street), and on the East Side of Dixie Farm Road Vice -Chairperson locco made a motion to approve, and Commissioner Ransom seconded. There was discussion by the Commissioners/Staff/Deputy Attorney in regards to masonry walls and outside storage. Vice -Chairperson locco stated he had a problem with the outside storage and what is considered seasonal storage. Deputy Attorney Doan stated it was a good opportunity for them to clean up their facilities, but cautioned the P&Z Commissioners not to overreach and to seek reasonable concessions. There was further discussion. Deputy City Attorney Doan suggested that the Commissioners table this. Commissioner Ransom made a motion to table this, and Vice -Chairperson locco seconded. Staff and applicant stated they would strive for the August 29th meeting. The vote was 5-0 to table. D. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1238 A request by Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, L.P., 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 Planned Unit Development District (PUD), 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 Alllison Richey Gulf Coast Home Company Suburban Gardens Subdivision recorded in Volume 2, Page 98 of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas General Location: Generally Located at the Southwest Corner of State Highway 288 and Beltway 8 Vice -Chairperson locco made a motion to approve, and Commissioner Ransom seconded. Minutes — P&Z 08/15/05 Page 3 of 8 PLANNING & ZONING COMMISSION There was minimal discussion between Vice -Chairperson locco and Ms. Krishnarao regarding staff recommendations. Ms. Sandars asked Mr. Kerry Gilbert to comment on the types of stores being brought in. Additional discussion continued between Commissioners/Staff/Mr. Gilbert. Vice -Chairperson locco amended the motion of the PUD with concerns to be dealt with by the City Council and Staff. The vote was 5-0 to approve. Chairperson Sandars called for the vote to accept the PUD with City recommendations to be dealt with the Council and staff, to approve the amendment. The vote passed 5-0. E. CONSIDERATION & POSSIBLE ACTION — Amending Plat No. 2 of Amending Plat No. 1 of Pearland Farms Section One A request by Jesus Vitela, Lentz Engineering, for Chase Lodge Corporation, owner, for approval of an Amending Plat for Pearland Farms Section One to replat nine existing residential lots into six larger lots. The property is located on the east side of Veterans Drive south of Magnolia, and is described as follows: 2.0594 acres out of the Amending Plat No. 1 Pearland Farms Section One, Vol. 23, Pg. 301-302, B.C.P.R. in the H.T. & B.R.R. Co. Survey, Abstract No. 508, City of Pearland, Brazoria County, Texas. Planner Ducroz stated that there were no outstanding items on this plat. Vice -Chairperson locco made a motion to approve, and Commissioner McWhorter seconded. There was no discussion between Commissioners/Staff. The vote was 5-0 for approval. F. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake Crossroads Phase 1 A request by Bryan Kennedy, PE, Jones & Carter, Inc., for CLMR Pearland, Ltd., and Chocolate Bayou Federal Credit Union, owners, for approval of a Final Plat of 2.7203 acres in the City of Pearland E.T.J. for one lot for commercial use. The property is located at the northeast corner of the intersection of S.H. 288 and C.R. 59, and is described as follows: A subdivision of 2.7203 acres of land out of the H.T. & B.R.R. Co. Survey, Abstract No. 300, Brazoria County, Texas. Minutes — P&Z 08/15/05 Page 4 of 8 PLANNING & ZONING COMMISSION Planner DuCroz stated there were no outstanding items. Vice -Chairperson locco made a motion to approve, and Commissioner Ransom seconded. There was no discussion between Commissioners/Staff. The vote for was 5-0 for approval. Vice -Chairperson locco made a motion that items G, H, I and J be done all together. Commissioner Ransom seconded. No discussion between Commissioners/Staff. The vote was 5-0 for approval. G. CONSIDERATION & POSSIBLE ACTION — Final Right of Way Plat of Shadow Creek Ranch Portion of Arcadia Bay A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Right -of -Way Plat of 7.513 acres in Shadow Creek Ranch for a portion of Arcadia Bay Drive. The property is located in the southwestern portion of Shadow Creek Ranch in Fort Bend County, and is described as follows: 7.513 acres being out of the H.T. & B.R.R. Company, Section 83, Abstract 761, and the F. Hooper Survey, Abstract 198, City of Pearland, Fort Bend County, Texas. Planner DuCroz read the staff report, and stated there were two outstanding items: The recordation data for the adjoining right-of-way plat be added, and the street light changed and added. Vice -Chairperson locco made the motion to approve, and Commissioner Ransom seconded. There was no discussion between the Commissioners/Staff. The vote was 5-0 for approval. H. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF -56 A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Plat subdivision of 15.928 acres in Shadow Creek Ranch and zoned SCR -PUD R-7 for 80 residential lots, with four reserves of 1.003 acres for landscaping and open space. The property is located west of Windward Bay Drive north of Broadway in Fort Bend County, and is described as follows: Minutes — P&Z 08/15/05 Page 5 of 8 PLANNING & ZONING COMMISSION 15.928 acres being out of the F. Hooper Survey, Abstract 198, City of Pearland, Fort Bend County, Texas. Planner DuCroz read the staff report, and stated there was one outstanding item. Vice -Chairperson locco made the motion to approve, and Commissioner Ransom seconded. There was no discussion between the Commissioners/Staff. The vote was 5-0 for approval. I. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF -57 A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Plat subdivision of 25.472 acres in Shadow Creek Ranch and zoned SCR -PUD R-6 for 106 residential lots, with four reserves of 2.094 acres for landscaping and open space. The property is located south and east of Windward Bay Drive north of Broadway in Fort Bend County, and is described as follows: 25.472 acres being out of the F. Hooper Survey, Abstract 198, and the H.T. & B.R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Planner DuCroz read the staff report, and stated there were no outstanding items. Vice -Chairperson locco made the motion to approve, and Commissioner Ransom seconded. There was no discussion between the Commissioners/Staff. The vote was 5-0 for approval. J. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF -58 A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Plat subdivision of 12.975 acres in Shadow Creek Ranch and zoned SCR -PUD R-6 for 59 residential lots, with five reserves of 0.402 acres for landscaping and open space. The property is located south of Windward Bay Drive in the southwest section of Shadow Creek Ranch in Fort Bend County, and is described as follows: Minutes — P&Z 08/15/05 Page 6 of 8 PLANNING & ZONING COMMISSION 12.975 acres being out of the H.T. & B.R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Planner DuCroz read the staff report, and stated there was one outstanding item to change the name of the street Willow Song Court. Vice -Chairperson locco made the motion to approve, and Commissioner Ransom seconded. There was no discussion between the Commissioners/Staff. The vote was 5-0 for approval. K. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Dollar General A request by J. Ray Laney, RPLS, of Laney Surveyors, for Charles Alexander, Jr., for approval of a Preliminary Plat of 1.8904 acres zoned Commercial (C) for one lot for commercial use. The property is located on the east side of Main St south of Magnolia, and is described as follows: A 1.8904 acre tract out of the Charles F. (Jack) Alexander 104.401 acre tract, situated in the A.C.H. & B. Survey, Abstract 507, and a portion being in the T.D. Yokum Survey, Abstract 399, Brazoria County, Texas, and being all of Lot 7 and a part of Lots 3, 4, 5, 6, 8, and 13 of the L.W. Murdock Subdivision, City of Pearland, as recorded in Volume 29, Page 174, of the deed records of Brazoria County, Texas. Planner DuCroz read the staff recommendation and stated there were no outstanding items. Vice -Chairperson locco made the motion to approve, and Commissioner Ransom seconded. There was no discussion between the Commissioners/Staff. The vote was 5-0 for approval. L. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Town Center A request by Christy Smidt, Kerry R Gilbert & Associates, for WCF Development, for approval of a Preliminary Plat of 108.8052 acres zoned Commercial (C) and PUD into five lots for commercial use. The plat is located at the northwest corner of the intersection of Broadway and S.H. 288, and is described as follows: Being 108.8052 acres of land out of the TCCR Co. Survey, Section 4, A-675, City of Pearland, Brazoria County, Texas. Planner DuCroz read the staff recommendation and stated there was one staff comment that the location shown for Business Center Drive, Herman Drive and Minutes — P&Z 08/15/05 Page 7 of 8 PLANNING & ZONING COMMISSION the internal loop road, Fox Creek Road are Preliminary and will be finalized with the final plat. There were no outstanding items. Commissioner locco made a motion to approve, and Commissioner Ransom seconded. There was no discussion between the Commissioners/Staff. The vote was 5-0 for approval. M. DISCUSSION ITEMS — State Planning Conference Planner Grahmann asked the Commissioners to let the staff know who might be interested in attending this conference in Fort Worth on October 5th — 8th. Planning Director Krishnarao also informed them of the National Planning Conference in April 2006. The next meeting dates were discussed. IV. ADJOURNMENT The Regular Meeting adjourned at 11:11 p.m. These minutes respectfullysub itted by: i Judy Krajc , Planni Ad ni rat' a Secretary Mingtes qpproved as submitted and/or corrected on this -4L day of IeA, 2005.7-7 Ruby Sandars Plann g & Zoning Commission Chairperson Minutes — P&Z 08/15/05 Page 8 of 8