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2006-03-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPlanning and Zoning Commission MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 20, 2006 AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The Regular Meeting was called to order at 9:20 p.m., with the following present: P & Z Chairperson Ruby Sandars P & Z Commissioner Neil West P & Z Commissioner Henry Fuertes P & Z Commissioner Susan Sherrouse P & Z Commissioner Jerry Koza, Jr. P & Z Commissioner Sheryl Greiner P & Z Commissioner Darrell Diggs Also in attendance: Assistant City Manager Nick Finan, Deputy City Attorney Nghiem Doan; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Planner 1 Diana DuCroz, and Planning Administrative Secretary Judy Krajca. NEW BUSINESS Chairperson Ruby Sandars asked Deputy City Attorney Nghiem Doan to address the issue of Plats and their time limit for submittal. Mr. Doan replied that if a plat was in the system, the time limit was not an issue. Under the New Unified Development Code, there is a two year expiration. Extensions can be filed after the two years. Due to the lateness of the evening, Chairperson Sandars proceeded directly to item D on the agenda, and opened a public hearing at 9:23 p.m. D. Public Hearing — Replat of Colony Park Commercial Section Two as Garrison Office Park Chairperson Ruby Sandars read the request for the Public Hearing. Planner I Diana DuCroz presented the information to the Commission. Discussion ensued in regards to the location of this property and the outstanding items. The Public Hearing was adjourned at 9:29 p.m. Page 1 of 8 P&Z, 4/3/06 Planninp, and Zoning Commission E. Consideration & Possible Action — Final Plat of Garrison Office Park A request by Glenn Garrison, owner, for a replat of Lot A of the Colony Park Commercial Section Two as the Garrison Office Park Final Plat in order to create two new lots. The parcel is 1.6503 acres in size and is zoned General Commercial (GC). The property is located at the northeast corner of Broadway and Hatfield Road. Planner I Diana DuCroz read the staff report, stating there were three outstanding items. Staff recommended approval with Staffs comments. Commissioner Sheryl Greiner made a motion for approval with staffs comments, and Commissioner Susan Sherrouse seconded. There was discussion among the P&Z Commission and Staff on clarification of the outstanding items. Dr. Garrison also addressed these issues. The vote was 7-0 for approval. F. Consideration & Possible Action — Final Plat of South Gate Section Four A request by Kyle Duckett, GeoSury LLC, for Lingo Southgate, Ltd, owner, for approval of a Preliminary Plat subdivision of 31.5180 acres zoned R-2 for 99 residential lots. The property is located at the north side of C.R. 59 east of future Kirby Drive. Planner I Diana DuCroz read the staff report. There were two outstanding Items. Commissioner Sheryl Greiner made the motion to approve with Staff comments, and Commissioner Jerry Koza, Jr. seconded. There was no discussion among the Commission/Staff. The vote was 7-0 for approval. G. Consideration & Possible Action — Final Plat of Shadow Creek Ranch School Site. No. 2 A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Alvin ISD, owner, for approval of a Final Plat of 11.673 acres in Shadow Creek Ranch for one lot for a school. The plat is located on Kingsley Drive south of Shadow Creek Parkway in the Shadow Creek Ranch PUD. Page 2 of 8 P&Z, 4/3/06 Planning and Zoning Commission Planner I Diana DuCroz read the staff report. There were no outstanding items. Commissioner Sheryl Greiner made a motion to approve, and Commissioner Susan Sherrouse seconded. There was no discussion among the Commission/Staff. The vote was 7-0 for approval. H. Consideration & Possible Action — Final Plat of Shadow Creek Ranch Commercial Site No. 3 A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for 3.2 AC/SCR, LP, owner, for approval of a Final Plat of 2.963 acres in Shadow Creek Ranch for two lot for commercial use. The plat is located at northeast corner of the intersection of Kirby Dr and Broadway (F.M. 518) in the Shadow Creek Ranch PUD. Planner I Diana DuCroz read the staff report. There were two outstanding items. Commissioner Henry Fuertes asked for clarification on the lots, and Planner DuCroz answered his question. Commissioner Sheryl Greiner made a motion to approve with staff comments, and Commissioner Darrell Diggs seconded. The vote was 7-0 for approval. Consideration & Possible Action — Final Plat of Shadow Creek Ranch Commercial Site No. 18A A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for CG Shadow Creek Ranch Village, LP, for approval of a Final Plat of 28.589 acres in Shadow Creek Ranch for five lots for commercial use, with 4.515 acres reserved for drainage. The plat is located at the northeast corner of the intersection of Kirby Dr and Shadow Creek Parkway (F.M. 2234) in the Shadow Creek Ranch PUD. Planner I Diana DuCroz read the staff report. There were numerous outstanding items. Commissioner Neil West made the motion to approve with discussion, and Commissioner Sheryl Greiner seconded. Page 3 of 8 P&Z, 4/3/06 Planning and Zoning Commission Much discussion ensued over the outstanding items. The vote was 0-7. The Final Plat was denied, due to excessive outstanding items. J. Consideration & Possible Action — Final Right -of -Way Plat of Shadow Creek Ranch Portion of Kingsley Drive North A request by Jason Banda, LJA Engineering & Surveying, Inc. for Shadow Creek Ranch Development Co, LP, for approval of a Final Right -of -Way Plat of 5.415 acres in Shadow Creek Ranch for a portion of Kingsley Drive North. The plat is located between Shadow Creek Parkway and Clear Creek. Planner I Diana DuCroz read the staff report. There was one outstanding item. Commission Sheryl Greiner made a motion to approve with Staff comments, and Commissioner Darrell Diggs seconded. There was no discussion among the Commission/Staff. The vote was 7-0 for approval. K. Consideration & Possible Action — final Plat of Shadow Creek Ranch SF -55A A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LP, for approval of a Final Plat subdivision of 12.479 acres in Shadow Creek Ranch for 46 residential lots. The plat is located between Arcadia Bay Drive and F.M. 521 in the Shadow Creek Ranch PUD, Fort Bend County. Planner I Diana DuCroz read the staff report. There were no outstanding items. Commissioner Darrell Diggs made the motion to approve, and Commissioner Sheryl Greiiner seconded. There was no discussion among the Commission/Staff. The vote was 7-0 for approval. L. Consideration & Possible Action — Final Plat of Shadow Creek Ranch SF -55B Page 4of8 P&Z, 4/3/06 Planning and Zoning Commission A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LP, for approval of a Final Plat subdivision of 21.050 acres in Shadow Creek Ranch for 88 residential lots. The plat is located between Arcadia Bay Drive and F.M. 521 in the Shadow Creek Ranch PUD, Fort Bend County. Planner I Diana DuCroz read the staff report. There was one outstanding item. Commissioner Darrell Diggs made the motion to approve with staff comments, and Commissioner Jerry Koza, Jr. seconded. There was no discussion among the Commission/Staff. The vote was 7-0 for approval. M. Consideration & Possible Action — Preliminary Plat of Avalon Terrace Section 2 A request by Scott Wright, Jones & Carter, Inc, for MHI Partnership, Ltd, owner, for approval of a Preliminary Plat subdivision of 16.8790 acres in the E.T.J. for 77 residential lots. The property is located north of Broadway west of Max Road. Planner I Diana DuCroz read the staff report. There were no outstanding items. Commissioner Jerry Koza, Jr. made the motion to approve, Commissioner Darrell Diggs seconded. There was no discussion among the Commission/Staff. The vote was 7-0 for approval. N. Consideration & Possible Action — Preliminary Plat of Lovett Commercial A request by Andy Lee, K. Chen Engineering, for Pearland Lizer, Ltd, owner, for approval of a Preliminary Plat subdivision of 1.051 acres zoned General Business (GB) for one lot. The property is located at the northwest corner of Pearland Parkway and John Lizer. Planner I Diana DuCroz read the staff report. There were three outstanding items. Page 5 of 8 P&Z, 4/3/06 Planning and Zoning Commission Commissioner Susan Sherrouse made the motion to approve with staff comments, and Commissioner Henry Fuertes seconded. There was no discussion among the Commission/Staff. The vote was 7-0 for approval. O. Consideration & Possible Action — Preliminary Plat of Reflection Bay Shopping Center A request by David Meredith, Pinnell Survey, Inc. for Stiletto Development, Ltd, owner, for approval of a Preliminary Plat of 3.6993 acres in Shadow Creek Ranch for one lot for commercial use. The plat is located at the northwest corner of Shadow Creek Parkway and Reflection Bay Drive in the Shadow Creek Ranch PUD. Planner I Diana DuCroz read the staff report. There was one outstanding item. Commissioner Sheryl Greiner made the motion to approve, and Commissioner Darrell Diggs seconded. There was no discussion among the Commission/Staff. The vote was 7-0 for approval. Chairperson Ruby Sandars returned to the beginning of the agenda APPROVAL OF MINUTES Commissioner Sheryl Greiner made the motion to approve the minutes, and Commissioner Jerry Koza seconded. The vote was 7-0 for approval. A. Consideration & Possible Action — Zone Change 2006-10Z A request by Joseph Benes, applicant for Judith I. Poston, Betty P. Hill, Donald E. Benes, and Joseph Benes, 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 General Business District (GB), on the following described property located on the North Side of FM 518 (Broadway Street), and East of Westgate Street. Chairperson Ruby Sandars read the purpose into the record. Page 6 of 8 P&Z, 4/3/06 Planning and Zoning Commission Commissioner Susan Sherrouse made a motion to approve, and Commissioner Sheryl Greiner seconded. There was no discussion among the Commission/Staff. The vote was 7-0 for approval. B. Consideration & Possible Action — Zone Change 2006-12Z A request by James D. and L. Elaine Thomas, 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 General Business District (GB), on the following described property located on the South Side of FM 518 (Broadway Street), and on the East Side of Westchester Circle. Chairperson Ruby Sandars read the purpose into the record. Commissioner Darrell Diggs made a motion for approval with discussion, and Commissioner Neil West seconded. There was discussion among the Commission in regards to this remaining residential. The vote was 0-7. The Zone Change was denied for the following reasons: (1) Property should remain residential to be in line with the adjoining property, (2) The Land Use Map should be changed to reflect the land uses in the area C. Consideration & Possible Action — Zone Change 2006-13Z A request by James Johnson and Trails Development, Ltd., applicant for William Walsh and Trails Development, Ltd., 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 Planned Unit Development District (PUD), on the following property located on the South Side of Broadway Street, and on the West Side of State Highway 288. Chairperson Ruby Sandars read the purpose into the record. Commissioner Darrell Diggs made a motion for approval with discussion, and Commissioner Henry Fuertes seconded. Page 7 of 8 P&Z, 4/3/06 Planning and Zoning Commission Commissioner Fuertes asked Staff if this should be tabled, since the revised PUD was presented to staff prior to this meeting. Assistant City Manager Finan suggested that the Commission tell the applicant what they want from him, before they table this. Chairperson Sandars stated that P&Z needed several items clarified, including: Open Space, Green Space, and Retention. Also, that the amenities be put in and would be maintained by the HOA or MUD. Chairperson Sandars made a motion to table, until staff can review the revised document. Commissioner Henry Fuertes seconded this motion. The vote was 7-0 to table this PUD. ADJOURNMENT Commissioner Neil West made a motion to adjourn, and Commissioner Jerry Koza, Jr. seconded. The meeting was adjourned at 10:55 p.m. These minutes are respectfully submitted by: Judy D. kfajca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 3 day of ,A.D., 2006. Page 8 of 8 P&Z, 4/3/06