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2005-11-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPLANNING AND ZONING MINUTES REGULAR MEETING CITY OF PEARLAND PLANNING AND ZONING COMMISSION November 21, 2005 AT 7:30 P.M. COUNCIL CHAMBERS CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TX I. CALL TO ORDER The Regular Meeting was called to order at 11:01 pm. with the following present: P & Z Chairperson Ruby Sandars P & Z Vice -Chairperson Todd locco P & Z Commissioner Neil West P & Z Commissioner Henry Fuertes P & Z Commissioner Susan Sherrouse Also in attendance: Assistant City Manager 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: September 19, 2005 October 3, 2005 November 7, 2005 P& Z (followed JPH) P&Z (followed JPH) P&Z (Regular Meeting) Vice -Chairperson locco made the motion to approve the minutes, and Commissioner Sherrouse seconded. Chairperson Sandars stated a correction needed to be made on the September 19 minutes. Chairperson Greiner and Chairperson West should read Commission Greiner and Commissioner West. The vote passed 5-0 with corrections. Chairperson Sandars asked Assistant City Attorney Doan to address Abstaining from voting, and abstaining because of a conflict of interest. III. NEW BUSINESS Chairperson Sandars introduced the newest P&Z Commissioner, Susan P&Z Minutes, 11/21/05 Page 1 of 10 PLANNING AND ZONING Sherrouse. A. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1250 A request by the City of Pearland (City initiated zoning request due to annexation) 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-2), Single Family Dwelling District (R-3), Single Family Dwelling District (R-4), Neighborhood Service District (NS), and General Business District (GB), on the following described property, to wit: General Location: Includes all property within MUD 5; all of Southdown Subdivision Generally Located on the North Side of County Road 403 (Hughes Ranch Road) and on the East Side of State Highway 288; an undeveloped tract located on the west side of State Highway 288 and on the north side of Discovery Bay Drive; all of Crystal Lakes Subdivision, generally located on the west side of Cullen Boulevard, and south of County Road 403 (Hughes Ranch Road); and undeveloped tracts located on the north side of Brookside Road, and on the west side of Cullen Boulevard Vice -Chairperson locco made a motion to recommend approval, and Commissioner Sherrouse seconded. There was no discussion. The motion to approve passed 5-0. B. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1247 A request by Mike Pollok, 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: General Location: Generally Located on the North Side of Fite Road, and West of Old Chocolate Bayou Road/Cullen Boulevard Vice -Chairperson locco made a motion to approve for sake of discussion, and Commission Fuentes seconded. Vice—Chairperson locco stated he could not support this Zone P&Z Minutes, 11/21/05 Page 2 of 10 PLANNING AND ZONING Change. Commissioner Sherrouse stated she felt the PUD document was too vague. Commissioner Fuentes felt that it matched the area. He felt the market would fit the area and size, but maybe should go to smaller lots. He was in favor of this Zone Change. Commissioner West asked Planning Director Krishnarao if staff has made a final recommendation on this. If Staff's comments are taken into account and addressed, they could be in favor. Vice -Chairperson locco's concern was if Mr. Pollak sold this property. Commissioner West felt that the PUD's are being submitted in order to go around the zoning. The vote was called, and was denied 2-3. Those voting against and their reasons were: Commissioner Sherrouse, who felt the PUD was too vague; Chairperson Sandars, due to density and landscaping in the front; and Vice -Chairperson locco because the original zoning in the area has no bearing in this case, and the future land use plan shows 10,000 square foot or greater lots. C. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1248 A request by C. Davis Wilson, applicant for Texas Heritage Village, LLC, 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 Estate Lot Single Family Dwelling District (R -E) to Planned Unit Development District (PUD), on the following described property, to wit: General Location: Generally Located on the South Side of County Road 100 and West of Pearland Sites Road Vice -Chairperson locco made a motion to approve for sake of discussion, and Commissioner Fuentes seconded. There was some discussion between Vice -Chairperson locco and Commission Fuentes about this being a great concept, but in the wrong location. The vote was 0-5. The PUD was recommended for denial. Reasons given were: the document is not in a PUD document format, the zoning is not in conformance with the Comprehensive Plan, safety, and it is a great concept in the wrong location. P&Z Minutes, 11/21/05 Page 3 of 10 41 E. PLANNING AND ZONING CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1249 A request by Vernon G. Henry & Associates, Inc., applicant for CBL & Associates Properties, Inc., 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) and General Business District (GB) to Planned Unit Development District (PUD), on the following described property, to wit: General Location: Generally Located on the South Side of Broadway Street, and on the West Side of County Road 566, and also West of State Highway 288 Vice -Chairperson locco made a motion to approve for the sake of discussion, and Commissioner Fuentes seconded. Chairperson Sandars felt that the document was too vague. Vice - Chairperson locco felt that there were too many documents, and it should all be presented in one document. Commissioner Fuentes asked for Staff's comments. Planning Director Krishnarao stated their major concern was the 36 outstanding items that still need to be addressed. Chairperson Sandars made a motion for this to be tabled until the 36 items were addressed, and with more specific documents. The vote was 5-0 to table this PUD request. Planning and Zoning Commissioners took a brief recess so that Council could adjourn their City Council meeting, after returning from Executive session, at 11:29 p.m. CONSIDERATION & POSSIBLE ACTION - Specific Use Permit Application No. 156 A request by James P. Dey, applicant for SBC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for Telephone Exchange Switching Relay and Transmitting Equipment, in the Planned Unit Development District — Shadow Creek Ranch Planned Unit Development (PUD(S)), on the following described property, to wit: P&Z Minutes, 11/21/05 Page 4 of 10 PLANNING AND ZONING General Location: Generally Located on the South Side of Spinnaker Bay Drive, and East of Biscayne Springs Lane Vice -Chairperson locco made a motion to approve, and Commissioner Sherrouse seconded. There was discussion on the landscaping. Mr. Dey stated he would have Shadow Creek Ranch present a plan with staff's approval of specific landscaping. Vice -Chairperson locco amended his motion to approve with the two staff comments listed in the staff report, and Commissioner Sherrouse seconded. The vote for approval of the amendment to the motion was 5-0. The vote for approval of this SUP with staff's two comments was approved 5-0. F. CONSIDERATION & POSSIBLE ACTION — Final Plat of GSL Plat No. 2005 A request by Dan Massiatte for GSL Investments, Inc, for approval of a Final Plat of a 3.2585 acre parcel located in the City of Pearland E.T.J. into one lot for commercial use. The plat is located at the southwest corner of the intersection of Beltway 8 and Almeda School Road in Harris County, and is described as follows: 3.2585 acres of land, R. Blackburn Survey, A-160, Harris County, Texas. Planner DuCroz read the Staff Report. There was one outstanding item. Vice -Chairperson locco made a motion to approve with staff's comments, and Commissioner Fuentes seconded. There was no discussion. The vote was 5-0 for approval. G. CONSIDERATION & POSSIBLE ACTION — Final Plat of Southeast Regency Medical Center P&Z Minutes, 11/21/05 Page 5 of 10 PLANNING AND ZONING A request by Chris L. Hendrick, The Wilson Survey Group, Inc., for approval of a Preliminary Plat subdivision of 6.6022 acres in the E.T.J. into 2 lots for non-residential use. The plat is located east of S.H. 288 south of McHard Rd, and is described as follows: 6.6022 acres in the J. Crawley Survey, Abstract No. 174, Brazoria County, Texas. Planner DuCroz read the Staff Report. Plat Administrator Keller stated that he had visited with the City Engineer and a new Traffic Study was needed, which might affect the final plat. Vice -Chairperson locco made a motion to approve, and Commissioner Sherrouse seconded. The vote was 0-5. The Plat was denied. H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Sunrise Lake Village II A request by Chris L. Hendrick, The Wilson Survey Group, Inc., for approval of a Preliminary Plat subdivision of 6.276 acres zoned General Business (GB) into two lots for commercial use. The plat is located on the north side of Broadway at the intersection of C.R. 90, and is described as follows: 6.276 acres in the John W. Maxey Survey, Abstract No. 721 in the City of Pearland, Brazoria County, Texas. Planner DuCroz stated this item had been withdrawn by the applicant. No action is necessary. I. PUBLIC HEARING — Replat of Southern Trails Phase 1 Section 5 13.64 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 stated this item had been withdrawn by the applicant. No action is necessary. J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Southern Trails Phase 1 Section 5 P&Z Minutes, 11/21/05 Page 6 of 10 PLANNING AND ZONING A request by Geoff Freeman, Brown & Gay Engineers, for CL Ashton Woods, L.P., owner, for approval of a Final Plat subdivision of 13.64 acres in the Southern Trails PUD for three reserves of 9.767 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: 13.64 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 stated this item had been withdrawn by the applicant. No action is necessary. K. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of the Village at Pearland A request by Henry Santos, Advance Surveying, for Artisan Estates, owner, for approval of a Preliminary Plat of 2.225 acres zoned Neighborhood Services (NS) for one lot for office use. The property is located at the northwest corner of the intersection of Cullen Blvd and Fite Road, and is described as follows: 2.225 acres in the H.T. & B.R.R. Co. Survey, Abstract 309, in the City of Pearland, Brazoria County, Texas. Planner DuCroz read the staff report. There were no outstanding items. Vice -Chairperson locco made a motion to approve, and Commissioner Fuentes seconded. The vote was 5-0 for approval. L. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Menon Enclave A request by Sam Doshi for Dr. V.K. Menon, owner, for approval of a Preliminary Plat subdivision of 2.8825 acres in the E.T.J. into 10 residential lots, with three reserves for detention, a water well, and a lift station. The plat is located on Amie Road (C.R. 879) west of McLean and south of Bailey, and is described as follows: P&Z Minutes, 11/21/05 Page 7 of 10 PLANNING AND ZONING 2.8825 acres of land out of Lot 55 of H.T. & B.R.R. Co. Survey, Section 25, A-245, Brazoria County, Texas. Planner DuCroz read the staff report. All concerns had been addressed. Vice -Chairperson locco made a motion to approve, and Commissioner Sherrouse seconded. The vote was 5-0 for approval. M. CONSIDERATION & POSSIBLE ACTION — Final Development Plan of Province Village Planned Unit Development A request by Ralph Thomas, LJA Engineering, for The Maverick Group, owner, for approval of a Final Development Plan for the Province Village Planned Unit Development, on 47.65 acres generally located east of Pearland Parkway and north of Broadway. Planner DuCroz read the Staff Report. She stated the plat had been revised and there were no staff comments. Commissioner Sherrouse made the motion to approve, and Vice - Chairperson locco seconded. The vote was 5-0 for approval. N. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Province Village General Business Site A request by Ralph Thomas, LJA Engineering, for The Maverick Group, owner, for approval of a Preliminary Plat subdivision of 5.006 acres into three lots for commercial use. The property is located on the north side of Broadway east of Pearland Parkway, and is described as follows: 5.006 acres in the Thomas J. Green Survey, Abstract 198, City of Pearland, Brazoria County, Texas. Planner DuCroz read the Staff Report. There were no outstanding items. Vice -Chairperson locco made the motion to approve, and Chairperson Sandars seconded. The vote was 5-0 for approval. P&Z Minutes, 11/21/05 Page 8 of 10 PLANNING AND ZONING O. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of 6121 Sharondale A request by Hector and Elvia Guerrero, owners, for approval of a Preliminary Plat of 0.7576 acre for one residential lot. The property is located at 6121 Sharondale, and is described as follows: 0.7576 acre of land, being Lot 8, of the Sharondale unrecorded subdivision, situated in the S'/2 of the NE'/4 of the SE'/4 of the G.C. Smith Survey, Section 16, Abstract No. 546, City of Pearland, Brazoria County, Texas. Planner DuCroz read the Staff Report. There were no outstanding items. Vice -Chairperson locco made the motion to approve, and Commissioner Fuentes seconded. The vote was 5-0 for approval. IV. ADJOURNMENT The meeting was adjourned at 11:51 p.m. The vote was 5-0. These minutes are respectfully submitted by: f Judy Krajc�/ V ' i Planning Administrative Secretary Minutes approved as submitted and/or corrected on this day of41.11� 2005. P&Z Minutes, 11/21/05 Page 9 of 10 PLANNING AND ZONING RubySa d rs Planning d Zoning Chairperson P&Z Minutes, 11/21/05 Page 10 of 10