Loading...
2006-09-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD SEPTEMBER 18, 20069 AT 6:30 P.M., IN THE 2nd FLOOR CONFERENCE ROOM, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Chairperson Ruby Sandars called the meeting to order at 8:31 p.m. with the following present: P&Z Chairperson Ruby Sandars P&Z Vice -Chairperson Sheryl Greiner P&Z Commissioner Neil West P&Z Commissioner Henry Fuertes P&Z Commissioner Jerry Koza, Jr. P&Z Commissioner Darrell Diggs Also in attendance were: Assistant City Manager Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller, Deputy City Attorney Nghiem Doan and Planning Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES Commissioner Jerry Koza, Jr. made the motion to approve the minutes, and Commissioner Henry Fuertes seconded. The vote was 6-0 for approval. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006-31Z A request by Rolando Rocha, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 1 District (R-1) to Neighborhood Service District (NS), on the property located on the North Side of Larrycrest Drive, and on the East Side of Harkey Road. Vice Chairperson Greiner made a motion to approve with discussion, and Commissioner West seconded. Vice Chairperson Greiner stated that she agreed with staff's comments of the application not being in compliance with the Comprehensive Plan. Chairperson Sandars stated that her concerns were that this applicant has been previously denied other times. If the building was torn down, could a residence be built in its place. P&Z Minutes, 9-18-06 Page 1 of 11 Senior Planner Grahmann stated that lots in the area all had the same size lots. Two lots combined is a half -acre. They could easily get a home on this property, and it is zoned R-1. Planning Director Krishnarao added that new homes could be built without detention being added. Commissioner Fuertes commended the owner for going door-to-door to seek his neighbor's support. He stated that if this property were only on the opposite side of the road, it would make the decision so much easier. Chairperson Sandars stated that the Commission needed to be careful not to have spot zoning. Discussion continued among Staff/ Commission/Applicant. The vote was 0-6. The Zone Change was denied. B. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006-30Z A request by Leon A. Dudley, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 1 District (R-1) to General Business Retail District (GB), on the property located on the North Side of FM 518 (Broadway Street), and on the West Side of Patricia Lane. Vice -Chairperson Greiner made the motion to approve for the sake of discussion, and Commissioner Diggs seconded. Commissioner Koza, Jr. felt the house should be zoned Neighborhood Services (NS). Chairperson Sandars stated she was concerned that the streets, and that there is not another way out of Patricia Lane or Regal Oaks. Commissioner Diggs asked about the buffering and driveway. Planning Director Krishnarao stated that the owner might have to have a driveway on Patricia Lane, as a driveway may not be allowed on Broadway St. (FM 518). Much discussion ensued among the Commission/Staff/Applicant/Neighbors. Chairperson called for a vote. The vote was 2-4. The Zone Change was denied, with Commissioners Koza, Jr. and Fuertes voting in favor of the Zone Change. The reasons for denial were stated as not going along with the Comprehensive Plan; need to preserve as residential; would have a negative impact on the neighborhood; and, traffic issues with the street having only one outlet. C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006-32Z A request by GC Engineering, Inc., applicant for Muthalaly Investments LLC, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification P&Z Minutes, 9-18-06 Page 2 of 11 Single Family Residential — 3 District (R-3) to Planned Development District (PD), on the property located on the East Side of Wooten Road, and Approximately 1,100 Feet North of FM 518 (Broadway Street). Commissioner Diggs made a motion to approve for the sake of discussion, and Commissioner West seconded. Planning Director Krishnarao read the exclusions and definitions of various uses. There was much discussion, with concerns of the pipeline being used as a buffer line; detention, and fencing around the detention area for the safety of children; masonry fence being required as the buffer between the Autumn Lakes Subdivision, and discussion about Wooten Roads upkeep, large trucks tearing up the road due to their heavy traffic, what would be required with a Traffic Impact Analysis, and when and if the City would take over this road. Ms. Krishnarao stated she would get in touch with Assistant City Manager Mike Hodge on the last issue. Discussion continued with the recommendation of tabling this item. Vice -Chairperson Greiner made the motion to table the Planned Development (PD) with the applicant bringing back the items Staff was asking for. Commissioner Koza, Jr. seconded. The vote was 6-0. This item was tabled. D. CONSIDERATION & POSSIBLE ACTION — REMOVE FROM TABLE CONDITIONAL USE PERMIT NO. 2006-8 Vice -Chairperson Greiner made the motion to remove from table, and Commissioner Diggs seconded. E. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2006-8 A request by Mays and Company, applicant for Sherwood Pearland CVS, L.P., owner, for approval of a Conditional Use Permit for a "Minor Auto Repair" facility in the General Business Retail District (GB), on the property located on the South Side of FM 518 (Broadway Street), and Approximately 600 Feet West of Pearland Parkway. Steve Myers, with Mays and Company was present. Commissioner West made the motion to approve, and Vice -Chairperson Greiner seconded. P&Z Minutes, 9-18-06 Page 3 of 11 Senior Planner Grahmann stated that the applicant had met all of the Commissions requirements. The Commission commended Mr. Myer for meeting their requirements. The vote was 6-0 for approval. F. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch School Site No. 6 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Fort Bend Independent School District, owner, for approval of a Final Plat subdivision of 11.88 acres zoned PUD into one lot for school use. The property is located south of Shadow Creek Parkway and west of Trinity Bay Drive and is described as follows: 11.88 acres of land located in the S. G. Haynie Survey Abstract No. 620, City of Pearland, Fort Bend County, Texas. Plans and Plat Administrator Keller read the Staff report. There was only one outstanding item. Commissioner Diggs made the motion to approve with Staff's comments, and Commissioner Koza, Jr. seconded. The vote was 6-0 for approval. G. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch School Site No. 1 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Alvin Independent School District, owner, for approval of a Preliminary Plat subdivision of 28.126 acres zoned PUD into 2 lots for school and drill site use. The property is located west of Business Center Drive and south of Shadow Creek Parkway and is described as follows: 28.126 acres of land located in the T.C.R.R. Co. Survey Section 4, Abstract 675, City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller read the Staff report. There were no outstanding items. Vice -Chairperson Greiner made the motion to approve, and Commissioner Diggs seconded. The vote was 6-0 for approval. P&Z Minutes, 9-18-06 Page 4 of 11 H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch Recreation Center No. 3 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, L.P., owner, for approval of a Final Plat subdivision of 3.851 acres zoned PUD into one lot for recreational use. The property is located on the south side of Windward Bay Drive at Biscayne Bay Drive and is described as follows: 3.851 acres of land located in the H.T. & B. R.R. Co. Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller read the Staff report. There were two outstanding items. Vice -Chairperson Greiner made the motion to approve with Staff's comments, and Commissioner Koza, Jr. seconded. The vote was 6-0 for approval. I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF -57 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, L.P., owner, for approval of a Final Plat subdivision of 25.472 acres zoned PUD into 106 residential lots for single-family use including 4 reserves for landscape/open space/power lines. The property is located south and east of Windward Bay Drive and north of the proposed future extension of Broadway and is described as follows: 25.472 acres of land 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. Plans and Plat Administrator Richard Keller stated that this plat had been withdrawn. J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF -56 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, L.P., owner, for approval of a Final Plat subdivision of 15.928 acres zoned PUD into 80 residential lots for single-family use including 4 reserves for landscape/open space. The property is located west of Windward Bay Drive and north of the proposed future extension of Broadway and is described as follows: P&Z Minutes, 9-18-06 Page 5 of 11 15.928 acres of land out of the F. Hooper Survey, Abstract 198, City of Pearland, Fort Bend County, Texas. Plans and Plat Administrator Richard Keller stated that this plat had been withdrawn. K. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF -58 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, L.P., owner, for approval of a final plat subdivision of 12.975 acres zoned PUD into 59 residential lots for single-family use including 5 reserves for landscape/open space. The property is located south of Windward Bay Drive just west of the Fort Bend — Brazoria County Line and is described as follows: 12.975 acres of land out of the H.T. & B. R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Plans and Plat Administrator Richard Keller stated that this plat had been withdrawn. L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF -54 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, L.P., owner, for approval of a final plat subdivision of 16.566 acres zoned PUD into 67 residential lots for single-family use including 8 reserves for landscape/open space/pipe lines/drainage. The property is located between F.M. 521 and Arcadia Bay Drive and is described as follows: 16.566 acres of land out of the F. Hooper Survey, Abstract 198, City of Pearland, Fort Bend County, Texas. Plans and Plat Administrator Keller read the Staff report. There were four outstanding items, with each of them being minor. Vice -Chairperson Greiner made the motion to approve, and Commissioner Koza, Jr. seconded. The vote was 6-0 for approval. M. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF -52 P&Z Minutes, 9-18-06 Page 6 of 11 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, L.P., owner, for approval of a final plat subdivision of 13.679 acres zoned PUD into 61 residential lots for single-family use including 3 reserves for landscape/open space. The property is located on the north side of Windward Bay Drive just west of the Fort Bend/Brazoria County Line and is described as follows: 13.679 acres of land out of the H.T. & B. R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Plans and Plat Administrator Keller read the Staff report. There were five outstanding items. Commissioner Diggs made the motion to approve with Staff's comments, and Vice -Chairperson Greiner seconded. The vote was 6-0 for approval. N. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch Commercial Site 20-B A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Shadow Creek Investment Group, LLC, owner, for approval of a preliminary plat subdivision of 4.25 acres zoned PUD into one lot for commercial purposes. The property is located on the northeast corner of Shadow Creek Parkway and Reflection Bay Drive and is described as follows: 4.25 acres of land out of the T.C.R.R. Co. Survey, Section 3, Abstract 678, City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller read the Staff report. There were two outstanding items. Vice -Chairperson Greiner made the motion to approve with Staff's comments, and Commissioner Diggs seconded. Commissioner Fuertes abstained from the vote. The vote was 5-0, with one abstention. O. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch MF — 5A A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Carrington SCR, L.P., owner, for approval of a final plat subdivision of 16.959 acres zoned PUD into one lot for multi -family residential purposes. The property is located on the west side of Business Center Drive at the intersection of Medical Center Drive and is described as follows: P&Z Minutes, 9-18-06 Page 7 of 11 16.959 acres of land out of the William Morris Survey, Abstract 344, City of Pearland, Brazoria County, Texas Plans and Plat Administrator Keller read the Staff report. There were two outstanding items. Vice -Chairperson Greiner made the motion to approve with Staff's comments, and Commissioner Diggs seconded. The vote was 6-0 for approval. P. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Pearland Nursing Home Center A request by Jesus Joel Vitela, Lentz Engineering, L.C., for Trinity Leasing, Ltd., owner, for approval of a preliminary plat subdivision of 11.6443 acres zoned GB into one lot for uses consistent with this zoning category. The property is located on the west side of Miller Ranch Road north of Broadway (F.M. 518) and is described as follows: 11.6443 acres of land out of the H.T. & B. R.R. Co. Survey, Abstract No. 304, City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Richard Keller stated that this plat had been withdrawn. Q. PUBLIC HEARING — Replat of Southern Trails West Section One A request by Dausha Moore, EHRA, Inc., for Stoddard Group, Ltd., owner, for a replat of a portion of Southern Trails West Section One to convert private streets to public streets. The parcel is 11.164 acres in size and is zoned PUD. The property is located south of Broadway and west of Kingsley Drive and is described as follows: 11.164 acres of land out of the H.T. & B. R.R. Co. Survey, Section 84, Abstract 538, in the City of Pearland, Brazoria County, Texas. Chairperson Sandars opened the Hearing at 9:50 p.m. Plans and Plat Administrator Keller stated that the applicant failed to resubmit their plat; however, the Public Hearing had already been posted. The applicant was not present to speak. There was no one present to speak. The Public hearing was adjourned at 9:53 p.m. P&Z Minutes, 9-18-06 Page 8 of 11 R. CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah Meadows Section Six A request by Geoffrey A. Freeman, Brown & Gay Engineers, Inc., for Savannah Development, Ltd., owner, for approval of a final plat subdivision of 12.50 acres into 46 residential lots for single-family use including 3 reserves for landscape/open space/utilities. The property is located on the southeast corner of Savannah Parkway and Savannah Bend Lane and is described as follows: 12.50 acres of land out of the A.C.H. & B. Survey, A-403 and the J.S. Talmage Survey, A-562 in Brazoria County, Texas. Plans and Plat Administrator Richard Keller stated that this plat had been withdrawn. S. CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah Landing Section Four A request by Geoffrey A. Freeman, Brown & Gay Engineers, Inc., for Savannah Development, Ltd., owner, for approval of a final plat subdivision of 9.970 acres into 22 residential lots for single-family use including 3 reserves for landscape/open space. The property is located on the south side of C.R. 58 and is described as follows: 9.97 acres of land out of the A.C.H. & B. Survey, A-403 in Brazoria County, Texas. Plans and Plat Administrator Richard Keller stated that this plat had been withdrawn. T. CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah Bend Section Two A request by Geoffrey A. Freeman, Brown & Gay Engineers, Inc. for Savannah Development, Ltd., owner, for approval of a final plat subdivision of 37.77 acres into 119 residential lots for single-family use including 4 reserves for detention/lake/drainage easement/landscape/open space. The property is located at the end of Southern Orchard Lane east of Sable Tree Lane and is described as follows: 37.77 acres of land out of the J.S. Talmage Survey, A-562 also being out of Emigration Land Company Subdivision, being a portion of Lot 34 of Block 76 as recorded in Vol. 2, Pg. 81, B.C.P.R., Brazoria County, Texas. Plans and Plat Administrator Richard Keller stated that this plat had been withdrawn. P&Z Minutes, 9-18-06 Page 9 of 11 U. CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah Cove Section Two A request by Geoffrey A. Freeman, Brown & Gay Engineers, Inc. for Savannah Development, Ltd., owner, for approval of a final plat subdivision of 19.24 acres into 57 residential lots for single-family use including 4 reserves for landscape/open space/drainage. The property is located at the southwest corner of C.R. 58 and Savannah Parkway and is described as follows: 19.24 acres of land out of the A.C.H. & B. Survey, A-403, Brazoria County, Texas. Plans and Plat Administrator Richard Keller stated that this plat had been withdrawn. V. CONSIDERATION & POSSIBLE ACTION — Final Right -of -Way Plat of Stable Stone Lane A request by Sheeri McElwee, Brown & Gay Engineers, Inc., for Musgrave- Grohman Ventures, Ltd., owner, for approval of a Final Right -of -Way Plat of 0.5791 acres zoned PUD for right-of-way purposes. The property is an extension of Stable Stone Lane east of Pearland Parkway, and is described as follows: 0.5791 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. Plans and Plat Administrator Richard Keller stated that this plat had been withdrawn. W. MEETINGS 9/25/06 10/02/06 10/16/06 10/18-21/06 IV. ADJOURNMENT Joint Workshop on UDC -Cancelled HGAC Workshop of P&Z Commission Regular P&Z Meeting from 6:00 -7:00 p.m. JPH to adopt UDC Amendments JPH & Regular Meeting Texas APA Conference—Corpus Christi, TX Chairperson Ruby Sandars adjourned the meeting at 10:02 p.m. P&Z Minutes, 9-18-06 Page 10 of 11 These minutes are respectfully submitted by: A'6� Com_ Judy Kli6jca, A ministr iv Planning Secretary M*utes a proved as submitted and/or corrected on this CXrua day of V- �L� A.D., 2006. Ru ySa ; Bars P&Z Chairperson P&Z Minutes, 9-18-06 Page 11 of 11