2012-06-04 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JUNE 4, 2012 AT 6:30
P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND,TEXAS
CALL TO ORDER
Acting P&Z Chairperson Richard Golden called the meeting to order at 6:40 p.m. with
the following present:
P&Z Vice -Chairperson Richard Golden
P&Z Commissioner Neil West
P&Z Commissioner Henry Fuertes
P&Z Commissioner Ginger McFadden
Also in attendance were: Director of Community Development Lata Krishnarao, City
Planner Harold Ellis, Planner II Evan DuVall, Deputy City Attorney Nghiem Doan and
Planning Office Coordinator Judy Brown.
APPROVAL OF MINUTES
P&Z Commissioner Ginger McFadden made the motion to approve the minutes of the
P&Z Regular Meeting of May 21, 2012, and P&Z Commissioner Neil West seconded.
The vote was 4-0. The minutes of the P&Z Regular Meeting of May 21, 2012 were
approved.
EXCUSE ABSENCE
P&Z Commissioner Neil West made the motion to excuse the absence of P&Z
Commissioner Henry Fuertes, and P&Z Commissioner Ginger McFadden seconded.
The vote was 4-0. The absence of P&Z Commissioner Henry Fuertes was excused for
May 21, 2012.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION — MASTER PLAT OF SHADOW CREEK
RANCH VILLAGE SEVEN
A request by Christy Smidt from Kerry Gilbert and Associates, applicant, on behalf of
518 SCR, LTD, owner, for approval of a Master Plat of Shadow Creek Ranch Village
Seven, a future 726 residential subdivision, to wit
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A 315.3 acre portion of 453 acres, more or less of land located in the H.T. & B.R.R. Co.
Survey, Section 84 (R.B. Lyle) Abstract No. 538, Brazoria County, Texas and Abstract
No. 767, Fort Bend County, Texas and the A.B. Langermann Survey, Abstract No. 555,
Fort Bend County, Texas, more particularly being all of that certain called 2.121 acre
tract conveyed to the City of Pearland, Texas by instrument of record under File No.
2005008364, Official Records, Brazoria County, Texas (B.C.O.R.), all of the residue of
that certain called 160.048 acre tract conveyed to Pearland Investment Limited
Partnership by instrument of record under File No. 03-044886 and File No.
2004059020, B.C.O.R., all of that certain called 80.01 acre tract conveyed to Russell T.
Rudy and Randall D. Rudy by instrument of record under File No. 97-009257, B.C.O.R.
and File No. 97-08685, Official Records, Fort Bend County (F.B.C.O.R.), all of that
certain called 80 acre tract conveyed to Harlow Royalties, Inc. by an instrument of
record under File No. 95-039382, B.C.O.R. and File No. 95-70977, F.B.C.O.R. and all of
that certain called 132.5682 acre tract conveyed to Pearland 132 Development, Limited
Partnership by an instrument of record under File No. 2004148674, Official Public
Records, Fort Bend County, Texas (F.B.C.O.P.R.).
General Location: A half mile west of the southwest corner of Broadway Street and
Kingsley Drive.
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Neil West seconded.
Planner II Evan Duvall read the staff report stating staff recommended conditional
approval for the final approval of the Traffic Impact Analysis (TIA).
P&Z Commissioner Neil West asked to discuss TIA's and would like for P&Z to see
them. There was discussion with City Planner Harold Ellis stating that the city has a
consultant that reviews all TIA's before the city signs off.
P&Z Commissioner Henry Fuertes stated he was not in favor of a subdivision being split
by the county specifically for emergency vehicle situations.
Acting P&Z Chairperson Richard Golden called for the vote.
P&Z Commissioner Henry Fuertes amended his original motion to include the
conditional approval for the TIA, and P&Z Commissioner Neil West seconded.
The vote was 4-0. The Master Plat of Shadow Creek Ranch Village Seven was
approved with the following condition:
1. Final approval of the Traffic Impact Analysis.
Acting P&Z Chairperson Richard Golden recessed the P&Z Regular P&Z Regular
meeting at 6:58 p.m.
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Acting P&Z Chairperson Richard Golden reconvened the P&Z Regular meeting at 8:21
p.m.
CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SHELTON
RIDGE LANE AND HANNOVER HEIGHTS LANE
A request by Rene Rodriguez from LJA, applicant, on behalf of 518 SCR, LTD, owner,
for approval of a Preliminary Plat of Shelton Ridge Lane and Hannover Heights Lane,
for right-of-way, generally located a half mile west of the southwest corner of Broadway
Street and Kingsley Drive, to wit
Legal Description: Being 3.306 acres of land located in the H.T. & B.R.R. Co. Survey,
Sec. 84, Abstract Number 538, in Brazoria County, Texas and Abstract Number 767, in
Fort Bend County, Texas, being a portion of that certain called315.292 acre tract of land
conveyed to 518SCR, LTD. by instrument of record in File No. 2011089118, Official
Public Records, Fort Bend County, Texas (F.B.C.O.P.R.) and in Document No.
2011036869, Official Public Records, Brazoria County, Texas (B.C.O.P.R.)
General Location: A half mile west of the southwest corner of Broadway Street and
Kingsley Drive.
P&Z Commissioner Ginger McFadden made the motion to approve, and P&Z
Commissioner Neil West seconded.
Planner II Evan Duvall read the staff report and referred to the Master Plat of Shadow
Creek Ranch Village Seven and the conditional of approval for the Traffic Impact
Analysis.
Director of Community Development Lata Krishnarao stated the Supreme Court cannot
make a developer put in road improvements on roads that currently exist. Ms.
Krishnarao went on to talk about cases in other cities. Commissioner West stated he
would still like to review the TIA's.
There was further discussion with regards to the dissatisfaction along the Brazoria
County/Fort Bend County line and the school districts being split.
Acting Chairperson Richard Golden called for the vote.
P&Z Commissioner Ginger McFadden amended her original motion to include the
conditional approval for the TIA of the Master Plat of Shadow Creek Ranch Village
Seven, and P&Z Commissioner Neil West seconded.
The vote was 4-0. The Preliminary Plat of Shelton Ridge Lane and Hannover Heights
Lane was approved with the following condition:
1. Final approval of the Traffic Impact Analysis.
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CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW
CREEK RANCH SF -71
A request by Rene Rodriguez from LJA, applicant, on behalf of 518 SCR, LTD, owner,
for approval of a Preliminary Plat of Shadow Creek Ranch SF -71, a 99 lot single-family
residential subdivision, to wit
Legal Description: Being 38.071 acres of land located in the H.T. & B.R.R. Co. Survey,
Sec. 84, Abstract Number 538, Brazoria County, Texas, being a portion of that certain
called 315.292 acre tract of land conveyed to 518SCR, LTD. By instrument of record in
File No. 2011089118, Official Public Records, Fort Bend County, Texas (F.B.C.O.P.R.)
and in Document No. 2011036869, Official Public Records, Brazoria County, Texas
(B.C.O.P.R.).
General Location: A half mile west of the southwest corner of Broadway Street and
Kingsley Drive.
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Ginger McFadden seconded.
Planner II Evan DuVall read the staff report stating the one condition of approval was for
the Traffic Impact Analysis for the Master Plat of Shadow Creek Ranch Village Seven.
There was no discussion among the Commission or Staff.
P&Z Commissioner Henry Fuertes amended his original motion to include the condition
of approval for the Traffic Impact Analysis for the Master Plat of Shadow Creek Ranch
Village Seven, and P&Z Commissioner Ginger McFadden seconded.
Acting Chairperson Richard Golden called for the vote.
The vote was 4-0. The Preliminary Plat of Shadow Creek Ranch SF -71 was approved
with the following condition:
1. Final approval of the Traffic Impact Analysis.
CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW
CREEK RANCH SF -72
A request by Rene Rodriguez from LJA, applicant, on behalf of 518 SCR, LTD, owner,
for approval of a Preliminary Plat of Shadow Creek Ranch SF -72, a 69 lot single-family
residential subdivision, to wit
Legal Description: Being 19.530 acres of land located in the H. T. & B. R.R. Co. Survey,
Sec. 84, Abstract Number 538, Brazoria County, Texas, being a portion of that certain
called 315.292 acre tract of land conveyed to 518SCR, LTD. by instrument of record in
File No. 2011089118, Official Public Records, Fort Bend County, Texas (F.B.C.O.P.R.)
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and in Document No. 2011036869, Official Public Records, Brazoria County, Texas
(B.C.O.P.R.).
General Location: A half mile west of the southwest corner of Broadway Street and
Kingsley Drive.
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Neil West seconded.
Planner II Evan Duvall read the staff report stating the one condition of approval was for
the Traffic Impact Analysis for the Master Plat of Shadow Creek Ranch Village Seven.
There was no discussion among the Commission or Staff.
P&Z Commissioner Henry Fuertes amended his original motion to include the condition
of approval for the Traffic Impact Analysis for the Master Plat of Shadow Creek Ranch
Village Seven, and P&Z Commissioner Neil West seconded.
Acting Chairperson Richard Golden called for the vote.
The vote was 4-0. The Preliminary Plat of Shadow Creek Ranch SF -72 was approved
with the following condition:
1. Final approval of the Traffic Impact Analysis.
CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SOUTHERN
TRAILS SECTION 9B
A request by Christy Smidt, from Kerry Gilbert and Associates, applicant, on behalf of
CL Ashton Woods, LP, owner, for approval of a Preliminary Plat of Southern Trails
Section 9B for a 54 lot single-family residential subdivision, on 13.8 acres, on the
following described property, to wit:
Legal Description: All that certain 13.76 acres of land, out at the 522.62 acre tract
described in the deed from Ashton Southern Trails joint Venture to CL Ashton Woods,
L.P., recorded under Doc. #2005016204, in the Official Records of Brazoria County,
Texas, in the H.T. &B. R.R. Company Survey, Sec. 80, A-564, Brazoria County Texas.
General Location: The southwest corner of Southern Trails Drive and Ashton Oak Drive.
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Neil West seconded.
Planner II Evan Duvall read the report stating staff had one condition of approval for the
applicant to include a schedule for amenities for the remainder of the development or
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obtain an infrastructure permit. Planner II Evan DuVall stated one concern is the
pedestrian crossing on Kingsley for a permit to construct or a schedule for completion.
P&Z Commissioner Henry Fuertes amended his original motion to include staffs
comments, and P&Z Commissioner Neil West seconded.
Acting Chairperson Richard Golden called for the vote.
The vote was 4-0. The Preliminary Plat of Southern Trails Section 9B was approved
with the following condition:
1. Schedule for amenities for the remainder of the development or an infrastructure
permit be submitted.
CONSIDERATION & POSSIBLE ACTION — REQUEST FOR A WAIVER OF
DECISION FOR THE FINAL PLAT OF PEARLAND FARMS SECTION TWO
A request by Aaron Bourgeois, from Lentz Engineering, on behalf of Chase Lodge,
Corporation, owner, for approval a Waiver of Decision for the Final Plat of Pearland
Farms Section II, a 79 lot single-family residential subdivision of 23.5245 acres,
generally located 200 feet south of the intersection of West Cedar Trail Court and
Curley Maple Drive.
Legal Description: A parcel of land containing 23.5245 acres (1,024,726 square feet)
more or less, being out of that certain 26.9965 acre tract conveyed from Fylma W.
Tomphson, Trustee al to Chase Lodge Corporation, as recorded in file No. 00 053263,
Official records, Brazoria County, Texas, said 23.5245 acre tract being situated in
Section 12, H. T. & B. R. R. survey, abstract No. 508, in Brazoria County Texas.
General Location: 200 feet south of the intersection of West Cedar Trail Court and
Curley Maple Drive
P&Z Commissioner Neil West made the motion to approve, and P&Z Commissioner
Ginger McFadden seconded.
Planner II Evan Duvall read the staff report stating the applicant was seeking a waiver
for additional time.
Acting P&Z Chairperson Richard Golden called for the vote.
The vote was 4-0. The Request for a Waiver of Decision for the Final Plat of Pearland
Farms Section Two was approved.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF PEARLAND FARMS
SECTION TWO
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A request by Aaron Bourgeois, from Lentz Engineering, on behalf of Chase Lodge,
Corporation, owner, for approval a Final Plat of Pearland Farms Section II, a 79 lot
single-family residential subdivision of 23.5245 acres, generally located 200 feet south
of the intersection of West Cedar Trail Court and Curley Maple Drive.
Legal Description: A parcel of land containing 23.5245 acres (1,024,726 square feet)
more or less, being out of that certain 26.9965 acre tract conveyed from Fylma W.
Tomphson, Trustee al to Chase Lodge Corporation, as recorded in file No. 00 053263,
Official records, Brazoria County, Texas, said 23.5245 acre tract being situated in
Section 12, H. T. & B. R. R. survey, abstract No. 508, in Brazoria County Texas.
General Location: 200 feet south of the intersection of West Cedar Trail Court and
Curley Maple Drive
No action necessary since the Waiver of Decision was granted.
CONSIDERATION & POSSIBLE ACTION — VARIANCE REQUEST 2012-04
A request by Ernest Crawford, applicant, on behalf of Rabia Ilahi, owner, for approval a
Variance from Section 5.1.1.1(253)(e) for a 690 -foot maximum Flag Pole length where
500 feet is the maximum allowed and to allow and a minimum Flag Pole width of 30
feet, for a single-family residential lot, to wit,
Legal Description: A 4.969 acre tract of land located in Lot Eleven (11) of the H.T. & B.
R. R. Company Survey (also known as the F. B. Drake Survey), Section Fourteen (14),
Abstract No. 509, in Brazoria County, Texas, being part of a 39,997 acre tract described
in a deed to Larry D. Landers and Victoria J. Landers as recorded in File No. 97-009044
of Brazoria County, Official Records.
General Location: Approximately 420 feet east of the northeast corner of Bailey Road
and Lawrence Place
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Ginger McFadden seconded.
Planner II Evan Duvall read staffs report recommending approval with the following
conditions:
1. Driveway and turnaround as approved by the engineering department during
the development of the property.
2. Plat the property.
3. Shared Driveway note on the recorded plat.
4. One year expiration.
There was some discussion with regards to fire lanes and flag lots.
Acting P&Z Chairperson Richard Golden called for the vote.
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P&Z Commissioner Henry Fuertes amended the motion to include the conditions of
approval, and P&Z Commissioner Ginger McFadden seconded.
The vote was 4-0. Variance Request No. 2012-04 was approved with the following
conditions:
1. Driveway and turnaround as approved by the engineering department during
the development of the property.
2. Plat the property.
3. Shared Driveway note on the recorded plat.
4. One year expiration.
DISCUSSION ITEMS
1. Commissioners Activity Report — There was brief discussion.
2. Zoning Update — City Planner Harold Ellis updated the Commission on the
approval of the Stonebridge PD Amendment and Strickland Chevrolet CUP.
3. Next Joint Public Hearing, June 18, 2012
4. Next P&Z Regular Meeting, June 18, 2012
ADJOURNMENT
Acting P&Z Chairperson Richard Golden adjourned the P&Z Regular Meeting at 9:09
p.m.
These minutes are respectfully submitted by:
Judy Br n, PI ning Office Coordinator
Minutes approved as submitted and/or corrected on this 18th day of June 290112—&D.
4ii�f e -A --
Acting P&Z Chairperson
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