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2003-09-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES PLANNING AND ZONING COMMISSION MINUTES OF A REGULAR MEETING FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 15, 2003, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING, IN THE FIRST FLOOR COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The meeting was called to order at 7:43 p.m. Commissioner's Ray Bacon and Linda Cowles were absent. II. APPROVAL OF MINUTES: August 18, 2003 Vice Chairman Sheryl Greiner made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 5-0 HI. NEW BUSINESS Chairman Todd Iocco made a motion to act on Item Q after Item T with a second made by Vice Chairman Sheryl Greiner. Motion to approve passed 5-0 A. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 1125 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-3), on the following described property, to wit: Zone Change Application No. 1125 Legal Description: Lot 33 of Figland Orchard Subdivision No. 1, Brazoria County, Texas (Fite Road near Wagon Trail Road) Owner: Brian Williams 3029 Wagon Trail Road Pearland, Texas 77584 Applicant: None Page 1 of 9—P&Z Minutes PLANNING AND ZONING COMMISSION Commissioner Ruby Sandars made a motion to approve with a second made by Vice Chairman Sheryl Greiner. Motion to approve passed 5-0 B. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE APPLICATION NO. 128 Request for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for a Social and Recreational Building, with Head-In Parking, in a Single Family Dwelling District (R-1), on the following described property, to wit: Specific Use Application No. 128 Legal Description: 0.759 acres, Reserve H, out of The Villages at Mary's Creek, Section 1, Phase 1, Brazoria County, Texas (2945 Auburn Woods Drive) Owner: VMC Partners, Ltd. 1625 Corniche Adm.' League City, Texas 77573 Applicant: Kevin Price 311 N. Shadowbend Avenue Friendswood, Texas 77546 Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner Don Sederdahl. Motion to approve passed 5-0 C. CONSIDERATION & POSSIBLE ACTION —ZONING APPLICATION NO. 1124 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following described property, to wit: Zone Change Application No. 1124 Legal Description: 0.7023 acres of land, being Lot 3 of an unrecorded subdivision of 9.83 acres of land, being Lot 20 of the Allison Richey Gulf Coast Homes Subdivision in Section Page 2 of 9—P&Z Minutes PLANNING AND ZONING COMMISSION 9, H.T. & B.R.R. Company Survey, Abstract 234, Brazoria County, Texas (2001 Max Road) Owner: Yasmin Allahar Waxali 2001 Max Road Pearland, Texas 77581 Applicant: None Vice Chairman Sheryl Greiner made a motion to approve with a second made by Commissioner Ruby Sandars. Motion to approve passed 5-0 D. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1123 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R-E), on the following described property, to wit: Zone Change Application No. 1123 Legal Description: 1.7992 acre tract of land known as Lot 12 of Bethel Subdivision, Section 2, an unrecorded subdivision of 25.9538 acres of land, out of Lots 39, 40, 55, and 56 of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (13910 Stone Road) Owner: Felipe A. and Melva Gonzalez 812 Wade Street Clute, Texas 77531 Applicant: None Vice Chairman Sheryl Greiner made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 5-0 Page 3 of 9—P&Z Minutes PLANNING AND ZONING COMMISSION E. CONSIDERATION & POSSIBLE ACTION—Final Plat of Sunrise Lakes Section Seven, a subdivision of 18.75 acres of land being a partial replat of the Allison Richey Gulf Coast Home Company Subdivision, Section Twenty(being part of lots 13, 14, 28 & 29), recorded in Volume 2, Page 23-24, Brazoria County Plat Records out of the H.T. & B.R.R. Company Survey, A-506, City of Pearland, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval with two comments, revise locations of streetlights and add streetlights as Indicated with 5' Electrical Easements, and add year of adjustments to elevation in Note No. 9. Motion to approve passed 5-0 F. CONSIDERATION & POSSIBLE ACTION—Final Plat of Lakes at Highland Glen Section Eight, 31.725 acres out of lots 96 & 97, Zychlinski Subdivision (Vol. 29, pg. 43 B.C.D.R.) and being out of the H.T. & B.R.R. Co. Survey, Abstract-233 and the D.H.M Hunter Survey Abstract-76 (Brazoria County) City of Pearland, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval as presented. Commissioner Don Sederdahl made a motion to approve with a second made by Vice Chairman Sheryl Greiner. Motion to approve passed 5-0 G. CONSIDERATION & POSSIBLE ACTION — Final plat of Shadow Creek Ranch Water Treatment Plant Site, 2.090 acres being out of the H. Levering Survey, Abstract 279, Fort Bend County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval as presented. Commissioner Ruby Sandars made a motion to approve with a second made by Vice Chairman Sheryl Greiner. Motion to approve passed 5-0 H.CONSIDERATION & POSSIBLE ACTION—Preliminary Right-of-Way plat of Shadow Creek Ranch West Clear Lake Loop, South Clear Lake Loop, Kingsley Drive and Trinity Bay Drive, 25.620 acres being out of the H.T. & B. R. n' R. Co. Survey, section 82, Abstract 565, the S.G. Haynie Survey, Abstract 212 Page 4 of 9—P&Z Minutes PLANNING AND ZONING COMMISSION and the H.T. & B. R. R. Co. Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval with two comments, correct match line description on sheet 3, and reverse match line designation on sheet 4. Commissioner David Ransom made a motion to approve with a second made by Vice Chairman Sheryl Greiner. Motion to approve passed 5-0 I. CONSIDERATION & POSSIBLE ACTION—Preliminary Right-of-Way Plat of Shadow Creek Ranch Portions of Trinity Bay Drive, Biscayne Bay Drive, and Regents Bay Drive, 11.566 acres, being out of the S.G. Haynie Survey, Abstract 620 Fort Bend County and S.G. Haynie Survey, Abstract 212 and Abstract 305, Brazoria County and the H. T. & B.R.R. Company Survey, Section 83, Abstract 305 City of Pearland, Fort Bend County and Brazoria County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval with one comment, graphic scale on sheet 1 is incorrect. Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 5-0 J.CONSIDERATION & POSSIBLE ACTION — Final Plat of McHard Plaza, Unrestricted Reserve A, Survey of 1.3940 acres or 60,723 sq. ft. of land out of the a 16.399 acre tract being the residue of a 597.6155 acre tract recorded in Volume (87) 431, Page 1 of the Property records of Brazoria County, Texas in the J. Crawley Survey, A-174, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval with two comments, approved Traffic Impact Analysis, and utility company letters. Vice Chairman Sheryl Greiner made a motion to deny with a second made by Commissioner David Ransom. Motion to deny failed 2-2 Commissioner David Ransom abstained from voting. Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner Don Sederdahl. Page 5 of 9—P&Z Minutes PLANNING AND ZONING COMMISSION Motion to approve failed 2-3 "Aye" — Commissioner's Don Sederdahl and Ruby Sandars. "No" —Chairman Todd Iocco, Vice Chairman Sheryl Greiner, and Commissioner David Ransom. K. CONSIDERATION & POSSIBLE ACTION —Final Plat of Pateder-Patel, Unrestricted Reserve A, survey of 3.0000 acres or 130,681 sq. ft. of land out of a 16.399 acre tract being the residue of a 597.6155 acre tract recorded in Volume (87)431, Page 1 of the property records of Brazoria County, Texas in the J. Crawley Survey, a-174, Brazoria County, Texas Item K was removed from the agenda. L. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Adame Subdivision being a subdivision containing 1.6867 acres of land out of Lot 8, being the southeast one—fourth of the northwest one-fourth of Section 14, H.T. & B.R.R. Co. Survey, Abstract 509, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval with one comment, submit a current title report. Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner Don Sederdahl. Motion to approve passed 4-1 "Aye" — Commissioner's Ruby Sandars, David Ransom, Don Sederdahl, and Chairman Todd Iocco. "No" —Vice Chairman Sheryl Greiner. M.CONSIDERATION & POSSIBLE ACTION —Final Plat of Reyna Estate a 1.7174 acre tract, out of that certain 102 acre tract in Section 5 of the H.T. & B. Railroad Company Survey, abstract 237, City of Pearland, Brazoria County, Texas Item M was removed from the agenda. N. CONSIDERATION & POSSIBLE ACTION—Final Plat of Cambridge Lake Section One-Phase Two, a subdivision of 36.6515 acres being out of the section 17, H.T. & B.R. Co., Survey, abstract—242 City of Pearland, Brazoria County, Texas Page 6 of 9—P&Z Minutes PLANNING AND ZONING COMMISSION Item N was removed from the agenda. O. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Ailsafe Storage-Pearland being a subdivision of 9.3930 acres out of 108.0054 acres situated in the John W. Maxey Survey, A-721, H.T. & B. Railroad Survey A-506, City of Pearland, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval with two comments, show existing and or proposed street lights on both adjoining streets so that street lights are provided at 200 feet intervals, and indicate in a note the Municipal Utility District. Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 5-0 P. CONSIDERATION & POSSIBLE ACTION—Final Plat of Scofield Section 2 at Silverlake a subdivision of 9.7747 acres of land out of the R.B. Lyle Survey, Abstract No. 539 Brazoria County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval as presented. Vice Chairman Sheryl Greiner made a motion to approve with a second made by Commissioner Ruby Sandars. Motion to approve passed 5-0 Q. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Silverlake Town homes Being 10.8 acres of land containing 58 lots and four reserves containing 3.99 acre in two blocks out of the John W. Maxey Survey, A- 721 Brazoria County, Texas Plat and Plans Administrator Richard Keller stated staff recommends approval with one comment, label landscape reserve North of Beacon Hill Drive. Commissioner Don Sederdahl made a motion to approve with a second made by Commissioner Ruby Sandars. Motion to approve passed 5-0 R. CONSIDERATION & POSSIBLE ACTION—A variance request on behalf of Trendmaker Development Company, for a 10' front yard building setback line along the street right-of-way, for all lots within the Silverlake Town homes. Page 7 of 9—P&Z Minutes PLANNING AND ZONING COMMISSION Kerry Gilbert with Kerry Gilbert and Associates stated the project is approximately 10.8 acres located in Silverlake, and we have requested several variances for this town home development. Planner I, Theresa Grahmann stated staff recommends approval of all three variances. Motion to approve passed 5-0 S. CONSIDERATION & POSSIBLE ACTION—A variance request on behalf of Trendmaker Development Company, to relocate sidewalks in the common areas, instead of the street right-of-way, for all lots with in the Silverlake Town homes. Commissioner Ruby Sandars made a motion to approve the relocation of the sidewalks from the front to the back with a second made by Commissioner Don Sederdahl. Motion to approve passed 5-0 T. CONSIDERATION & POSSIBLE ACTION —A variance request on behalf of Trendmaker Development Company, for a 25' lot width on lots within a cul- de-sac street. Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner Don Sederdahl. Motion to approve passed 5-0 U. CONSIDERATION & POSSIBLE ACTION—A variance request on behalf of Kevin Holland, Vice President for Cervelle Homes, LTD to construct two model homes prior to subdivision acceptance. Vice Chairman Sheryl Greiner made a motion to approve with a second made by Don Sederdahl. Motion to approve passed 5-0 IV. NEXT MEETING DATES: October 6, 2003—P & Z Meeting October 20, 2003—JPH & Regular P&Z V. ADJOURNMENT The meeting was adjourned at 8:48 p.m. Page 8 of 9—P&Z Minutes PLANNING AND ZONING COMMISSION r T -se minutes respectfully submitted by: I ` Otd/Ja T • Broussar , Planning& Zoning ecretary Minutes approved as submitted and/or corrected on this day of OCT , 2003. ag", /f2 Todd Iocco, Planning&Zoning Chairman Agisk Am- Page 9 of 9—P&Z Minutes