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2007-01-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JANUARY 15, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER Chairperson Ruby Sandars called the meeting to order at 10:14 p.m. with the following present: P & Z Chairperson Ruby Sandars P & Z Commissioner Susan Sherrouse 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. 11. APPROVAL OF MINUTES Commissioner Koza, Jr. made the motion to approve the minutes of December 4, 2006, and Commissioner Fuertes seconded. The vote was 6-0 for approval. III. NEW BUSINESS A. ZONE CHANGE NO. 2006-35Z A request by Karen and George Ritchey, owners, 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 Single Family Residential — 3 District (R-3), on the following property located on the East Side of Miller Ranch Road, and Approximately 2,300 Feet North of FM 518 (Broadway Street) Commissioner Sherrouse made a motion for approval with discussion, and Commissioner Diggs seconded. Chairperson Sandars stated she was not in favor of the zone change and asked the applicant to consider a Cluster Development. Commissioner Diggs stated he agreed with Councilmember Cole's use of a Cluster Development. There was much discussion about the Cluster Development. P&Z Minutes, 1/15/07 Page 1 of 10 Commissioners Diggs and Sherrouse also agreed that they did not like the idea of changing the zoning for lesser lot sizes and suggested that the applicant check out the Cluster Development idea. The vote was 0-6. The Zone Change was denied for the reasons given by staff in their comments, density increase, and the idea of zoning to lesser lot size. B. ZONE CHANGE NO. 2006-36Z A request by TNRG Acquisitions, applicant for Beeman Strong and Company, Inc., 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 — 2 District (R-2) to Office and Professional District (OP), on the following property located on the East Side of Pearland Parkway, and Approximately 3,500 Feet South of Barry Rose Road. Commissioner West made a motion for approval with discussion, and Commissioner Diggs seconded. Chairperson Sandars thanked TNRG for listening to Council and the public. Commissioner Fuertes stated development of the east side of Pearland Parkway is steering toward commercial development and thanked TNRG for making the best use of this property. Commissioner West thanked Staff for the aerial photos. The vote was 6-0 for approval of the zone change. C. ZONE CHANGE NO. 2007-0lZ A request by Jim Murphy, applicant for AS Acquisitions and Dave Pelton, 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 General Commercial District (GC) to Light Industrial District (M-1), on the property located on the East Side of State Highway 35 (Main Street), and Approximately 1,000 Feet South of Knapp Road Commissioner Diggs made a motion to approve, and Commissioner Koza, Jr. seconded. Chairperson Sandars stated she was in favor of this zone change. Commissioner West stated he felt this was the proper area. Commissioner Fuertes felt this was the best land use. The vote was 6-0 for approval. D. AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) P&Z Minutes, 1/15/07 Page 2 of 10 A request by the City of Pearland for approval of an amendment to the Unified Development Code (UDC), Ordinance No. 2000T. Commissioner Sherrouse made the motion to approve, and Commissioner Koza, Jr. seconded. Chairperson Sandars and Commissioner Sherrouse thanked Staff for their time and work on these amendments. Commissioner Fuertes stated he was so grateful that the Ordinance and Amendments could be found on the city website. The vote was 6-0 for approval. E. PUBLIC HEARING — Replat of Wells Fargo at Shadow Creek Ranch A request by Erika Lopez, GeoSolutions, LTD., for Lasco Shadow Creek, Ltd., owner, to replat 2.637 acres zoned PUD into two lots for commercial use. The property is located at the southeast corner of Shadow Creek Parkway and Kirby Drive in Shadow Creek Ranch and is described as follows: 2.637 acres of land located in the T.C.R.R. Co. Survey Sec. 4, Abstract 675, and the T.C.R.R. Co. Survey Sec. 3, Abstract 678 and being a replat of Restricted Lot "A" of CVS Shadow Creek Ranch, City of Pearland, Brazoria County, Texas. Chairperson Sandars opened the Public Hearing at 10:37 p.m. Applicant was not present. No one was present to speak for or against this replat. There was no discussion among the Commission/Staff. The hearing was adjourned at 10:40 p.m. F. CONSIDERATION & POSSIBLE ACTION — Replat of Wells Fargo at Shadow Creek Ranch A request by Erika Lopez, GeoSolutions, LTD., for Lasco Shadow Creek, Ltd., owner, to replat 2.637 acres zoned PUD into two lots for commercial use. The property is located at the southeast corner of Shadow Creek Parkway and Kirby Drive in Shadow Creek Ranch and is described as follows: 2.637 acres of land located in the T.C.R.R. Co. Survey Sec. 4, Abstract 675, and the T.C.R.R. Co. Survey Sec. 3, Abstract 678 and being a replat of Restricted Lot "A" of CVS Shadow Creek Ranch, City of Pearland, Brazoria County, Texas. Plan and Plat Administrator Keller read the staff report. Mr. Keller stated the applicant has requested a 40 -day extension of time. P&Z Minutes, 1/15/07 Page 3 of 10 Commissioner West made the motion to approve, and Commission Diggs seconded. The vote was 6-0 for approval of an extension of time. G. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Pearland Farms Section Two A request by Aaron Bourgeois, Lentz Engineering, L.C., for MDE Properties, owner, for approval of a Preliminary Plat subdivision of 23.5245 acres zoned R-2 into 77 lots for single-family residential use. The property is located on the east side of Veterans Drive south of Pearland Farms Section One and is described as follows: 23.5245 acres of land located in the H.T. & B. R.R. Co. Survey, Abstract No. 508, City of Pearland, Brazoria County, Texas. Plan and Plat Administrator Keller stated that this plat had been withdrawn. No action necessary. H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch Commercial Site 20-C A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for SCR C20B Development, L.P., owner, for approval of a Final Plat subdivision of 4.691 acres zoned PUD into one lot for commercial use. The property is located on the north side of Shadow Creek Parkway between Reflection Bay Drive and Kirby Drive and is described as follows: 4.691 acres of land located in the T.C.R.R. Co. Survey, Section 3, Abstract 678, City of Pearland, Brazoria County, Texas Plan and Plat Administrator Keller read the staff report. Commissioner Sherrouse made a motion to approve with staff comments, and Commissioner Koza, Jr. seconded. The vote was 5-0 for approval. Commissioner Fuertes recused himself from the vote. I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF -61 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, L.P., owner, for approval of a Final Plat subdivision of 24.794 acres zoned PUD into 84 residential lots for single-family use including 6 reserves for landscape/open space/power lines/pipelines/drainage purposes. The property is located along the east side of F.M. 521 in Shadow Creek Ranch and is described as follows: P&Z Minutes, 1/15/07 Page 4 of 10 24.794 acres of land out of the F. Hooper Survey, Abstract 198, the George MacDonald Survey, Abstract 557, and the H.T. & B. R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Plan and Plat Administrator Keller stated the applicant has requested a 40 -day waiver for extension of time. Commissioner West made the motion, and Commissioner Diggs seconded. The vote was 6-0 for approval of the extension of time. J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch SF -62 A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, L.P., owner, for approval of a Final Plat subdivision of 9.656 acres zoned PUD into 30 residential lots for single-family use including 3 reserves for landscape/open space/power lines. The property is located along the east side of F.M. 521 in Shadow Creek Ranch and is described as follows: 9.656 acres of land out of the F. Hooper Survey, Abstract 198 and the George MacDonald Survey, Abstract 557 City of Pearland, Fort Bend County, Texas. Plan and Plat Administrator Keller stated the applicant has requested a 40 -day waiver for extension of time. Commissioner West made the motion, and Commissioner Koza, Jr. seconded. The vote was 6-0 for approval of the extension of time. K. PUBLIC HEARING — Replat of a Portion of Village Grove Section Two A request by Greg Lentz, R. G. Miller Engineers, for D. R. Horton — Texas, Ltd., owner, for approval of a replat of a portion of Village Grove Section Two into one restricted reserve for recreational purposes. The property is located between O'Day and Hatfield Roads at the southeast corner of Village Grove Drive and Orchard Frost Drive and is described as follows: 0.7866 acres of land out of the H.T. & B. R.R. Co. Survey, Abstract 544, and being a replat of Lots 1-4, Block 1 of Village Grove Section Two, City of Pearland, Brazoria County, Texas. Chairperson Sandars opened the hearing at 10:45 p.m. Plans and Plat Administrator Keller read the purpose of the hearing. The applicant was not present to speak. P&Z Minutes, 1/15/07 Page 5 of 10 No one was present to speak for or against. The meeting was adjourned at 10:47 p.m. L. CONSIDERATION & POSSIBLE ACTION - Replat of a Portion of Village Grove Section Two A request by Greg Lentz, R. G. Miller Engineers, for D. R. Horton — Texas, Ltd., owner, for approval of a replat of a portion of Village Grove Section Two into one restricted reserve for recreational purposes. The property is located between O'Day and Hatfield Roads at the southeast corner of Village Grove Drive and Orchard Frost Drive and is described as follows: 0.7866 acres of land out of the H.T. & B. R.R. Co. Survey, Abstract 544, and being a replat of Lots 1-4, Block 1 of Village Grove Section Two, City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller read the staff report. There were no outstanding items. Commissioner Koza, Jr. made the motion to approve, and Commissioner Fuertes seconded. The vote was 6-0 for approval. M. PUBLIC HEARING — Replat of a Portion of Oakbrook Estates Section Six A request by Mila Sinyak, TCB, Inc., for Oakbrook Estates, LTD., owner, for approval of a partial replat of Oakbrook Estates Section Six into 101 residential lots for single-family use including 7 reserves for landscape/open space/pipelines/detention pond. The property is located on the northwest side of Dixie Farm Road east of Cowart Creek and is described as follows: 32.0343 acres of land out of the W.D.C. Hall League, Abstract 70, and being a partial replat of Oakbrook Estates Section Six, City of Pearland, Brazoria County, Texas. Chairperson Sandars opened the hearing at 10:48 p.m. Plans and Plat Administrator Keller read the purpose of the hearing. Ken Caffey of Oakbrook Estates spoke briefly. Robert Fonkert of 1802 Castle Oaks Drive, Pearland, TX 77581 spoke in regards to the 22 -foot discrepancy between the pipelines. There was brief staff discussion. P&Z Minutes, 1/15/07 Page 6 of 10 The meeting was adjourned at 10:56 p.m. N. CONSIDERATION & POSSIBLE ACTION - Replat of a Portion of Oakbrook Estates Section Six A request by Mila Sinyak, TCB, Inc., for Oakbrook Estates, LTD., owner, for approval of a partial replat of Oakbrook Estates Section Six into 101 residential lots for single-family use including 7 reserves for landscape/open space/pipelines/detention pond. The property is located on the northwest side of Dixie Farm Road east of Cowart Creek and is described as follows: 32.0343 acres of land out of the W.D.C. Hall League, Abstract 70, and being a partial replat of Oakbrook Estates Section Six, City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller read the staff report. There were no outstanding items. Commissioner West made the motion to approve, and Commissioner Koza, Jr. seconded. The vote was 6-0 for approval. O. CONSIDERATION & POSSIBLE ACTION - Preliminary Right -of -Way Plat of Pearland Town Center Business Center Drive Extension A request by Jamila C. Johnson, Carter & Burgess, Inc., for Pearland Town Center Limited Partnership, owner, for approval of a preliminary right-of-way plat subdivision of 3.6682 acres zoned PUD for right-of-way purposes. The property is the southern extension of Business Center Drive south of Broadway and is described as follows: 3.6682 acres of land out of the H.T. & B. R.R. Co. Survey, Section 81, Abstract No. 300, City of Pearland, Brazoria County, Texas Plans and Plat Administrator Richard Keller read the staff report. There was one outstanding item. Commissioner Diggs made the motion to approve, and Commissioner Koza, Jr. seconded. There was brief discussion among the Commission and Staff. The vote was 6-0 for approval. P. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Silver Land Center P&Z Minutes, 1/15/07 Page 7 of 10 A request by Gregg Wiltshire, The Wilson Survey Group, for Hiep Pham, Inc., owner, for approval of a preliminary plat subdivision of 8.2904 acres for General Business uses. The property is located at the southwest corner of Broadway (F.M. 518) and Hillhouse Road and is described as follows: 8.2851 acres of land out of the H.T. & B. R.R. Co. Survey, Abstract 309, in the City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller stated the applicant has requested a waiver for a 30 -day extension of time. Commissioner Koza, Jr. made the motion to approve, and Commissioner Fuertes seconded. The vote was 6-0 for approval. Q. CONSIDERATION & POSSIBLE ACTION - Final Plat of Shadow Creek Ranch Commercial Site No. 20-B A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Shadow Creek Investment Group, LLC, owner, for approval of a final plat subdivision of 4.250 acres zoned PUD into one lot for commercial uses consistent with the approved PUD. The property is located on the northeast corner of Shadow Creek Parkway (F.M. 2234) and Reflection Bay Drive and is described as follows: 4.250 acres of land out of the T.C.R.R. Co. Survey, Section 3, Abstract 678 in the City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller stated the applicant has requested a waiver for a 30 -day extension of time. Commissioner West made the motion to approve, and Commissioner Koza, Jr. seconded. The vote was 6-0 for approval for the extension of time. R. CONSIDERATION & POSSIBLE ACTION - Final Plat of Shadow Creek Ranch Commercial Site No. 20-D Approve A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland by Investments, Limited Partnership, owner, for approval of a final plat subdivision of 1/15/07 3.500 acres zoned PUD into one lot for commercial uses consistent with the approved PUD. The property is located on the north side of Shadow Creek Parkway (F.M. 2234) between Reflection Bay Drive and Kirby Drive and is described as follows: P&Z Minutes, 1/15/07 Page 8 of 10 3.500 acres of land out of the T.C.R.R. Co. Survey, Section 3, Abstract 678 in the City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller stated the applicant has requested a waiver for a 30 -day extension of time. Commissioner West made the motion to approve, and Commissioner Koza, Jr. seconded. The vote was 6-0 for approval of the extension of time. S. CONSIDERATION & POSSIBLE ACTION - Master Plat of Riverstone Ranch Phase One A request by Jason Banda, LJA Engineering & Surveying, Inc. for SHS Partners, Ltd., owner, for approval of a master plat subdivision of 104.519 acres into 237 residential lots for single-family residential use including 2 reserves for detention/amenity/drainage. The property is located between Clear Creek and the Pearland City Limits northwest of Green Tee Terrace and is described as follows: 104.518 acres of land out of the T.J. Green Survey, Abstract 290, in the City of Pearland, Harris County, Texas. Plans and Plat Administrator Keller stated the applicant has requested a waiver for a 30 -day extension of time. Commissioner West made the motion to approve, and Commissioner Koza, Jr. seconded. The vote was 6-0 for approval of the extension of time. T. CONSIDERATION & POSSIBLE ACTION - Final Plat of Avalon Terrace Section Three A request by Scott Wright, Jones & Carter, Inc., for MHI Partnership, Ltd., owner, for approval of a final plat subdivision of 24.9311 acres into 111 lots for single-family residential use including 3 reserves for landscape/open space/drainage. The property is located north of Broadway (F.M. 518) between Stone Road and Max Road and is described as follows: 24.9311 acres of land out of the H.T. & B. R.R. Co. Survey, Abstract 505, Brazoria County, Texas. Plans and Plat Administrator Keller stated the applicant has requested a waiver for an extension of time, until the February 19, 2007 meeting. P&Z Minutes, 1/15/07 Page 9 of 10 Commissioner Koza, Jr. made the motion to approve, and Commissioner Sherrouse seconded. The vote was 6-0 for approval of the extension of time. U. CONSIDERATION & POSSIBLE ACTION — Replat of Firestone No. 1 Pearland A request by Kenneth Gruller, Reno & Associates, for Mays & Company, owner, for approval of a Replat of 0.9174 acre zoned GB (General Business) for one lot. The property is located on the southwest side of Broadway (F.M. 518) between Y.M.C.A. Drive and Pearland Parkway and is described as follows: 0.9174 acre in the Thomas J. Green Survey, A-198, City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller stated the applicant has requested a waiver for an extension of time, until the February 5, 2007 meeting. Commissioner Fuertes made the motion to approve, and Commissioner Koza, Jr. seconded. The vote was 6-0 for approval for the extension of time. IV. ADJOURNMENT Commissioner West made the motion to adjourn, and Commissioner Sherrouse seconded. The vote was 6-0 for approval. Chairperson Ruby Sandars adjourned the meeting at 11:00 p.m. These minutes are respectfully submitted by: Judy K)fajca, Acfthinistrdtfve Planning Secretary Minutes approved as submitted and/or corrected on this 5th day of February,A.D., 2007. heryl refiner P&Z Vice Chairperson P&Z Minutes, 1/15/07 Page 10 of 10