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