2004-08-16 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 AUGUST 16,
2004, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING, IN THE
SECOND FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
The meeting was called to order at 8:43 p.m. with the following present:
Chairman Ruby Sandars
Commissioner Sheryl Greiner
Commissioner Linda Cowles
Commissioner Ruby Sandars
Commissioner Neil West
Secretary Betty Foreman
Absent: Vice Chairman Todd Iocco and Commissioner David Ransom
Also in attendance: Deputy City Attorney Nghiem Doan; Executive Director of
Community Services Nick Finan; Planning Manager Lata Krishnarao; Senior
Planner Theresa Grahmann; City Engineer Doug Kneupper; and Plans and Plats
Administrator Richard Keller.
APPROVAL OF MINUTES
Commissioner Neil West made a motion to approve the minutes with two
corrections, Commissioner Linda Cowles seconded.
Voting "Aye" Commissioners Sandars, Greiner, Cowles, and West.
Motion passed 4-0
NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION
NO. 1185
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:
Legal Description: 1 .371 acre tract of land out of Lot 51 of the Allison Richey
Gulf Coast Home Company Subdivision of Section 19, H.T. & B.R.R. Company
Survey, Abstract 243, according to the map or plat thereof recorded in Volume 2,
Page 23, of the Plat Records of Brazoria County, Texas, Pearland, Brazoria
County Texas (Located on the West Side of Stone Road, and on the North Side
of Seddon Road)
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Owner: Michael Shane West
1754 Stone Road
Pearland, Texas 77581
Commissioner Sheryl Greiner made a motion to approve, Commissioner Neil
West seconded.
Voting "Aye" Commissioners Sandars, Greiner, Cowles and West.
Voting "No" None.
Motion passed 4-0
B. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION
NO. 1184
•
Request for an amendment to the Land Use and Urban Development Ordinance
of said City from classification Suburban Development District (SD) to General
Business District (GB), on the following described property, to wit:
Legal Description: 6.743 acres, out of a 39.3673 acre tract, as recorded in File
No. 98-044746, as recorded in the Official Records of Brazoria County, Texas,
and also being out of Lot 32, Allison Richey Gulf Coast Home Company's Part of
Suburban Gardens, Section 19, as recorded in Volume 2, Page 23 and 24, Plat
Records of Brazoria County, Texas, H.T. & B.R.R. Company Survey, Section 19,
Abstract 234, Pearland, Brazoria County, Texas (Generally Located on the North
Side of FM 518 (Broadway Street), and on the West Side Zapalac Road)
Owner: Pearland Plaza Ltd.
16325 Westheimer Road
Houston, Texas 77082
Applicant: Bruce T. Fehr
7400 Fannin Street, Ste 940
Houston, Texas 77054
Commissioner Sheryl Greiner made a motion to approve, Commissioner Neil
West seconded.
Voting "Aye" Sandars, Greiner, Cowles, and West.
Voting "No" None.
Motion passed 4-0
C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION
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PLANNING AND ZONING COMMISSION
.�. NO. 1183
Request for an amendment to the Land Use and Urban Development Ordinance
of said City from classification Suburban Development District (SD) to General
Business District (GB), on the following property, to wit:
Legal Description: Lot 7, Block 9, Hickory Creek Place, Pearland, Brazoria
County, Texas (Located on the East Side of Garden Road and on the South side
of Marsha Lane)
Owner: Richard Gonzalez
2407 Kay Avenue
Pearland, Texas 77581
Commissioner Sheryl Greiner made a motion to approve with a stipulation of
change the General Business (GB) to Office Professional (OP), Commissioner
Neil West seconded.
Voting "Aye" Sandars, Greiner, Cowles, and West.
Voting "No" None.
Motion passed with stipulation 4-0
D. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION
NO. 1186
Request for an amendment to the Land Use and Urban Development Ordinance
of said City from classification Suburban Development District (SD) to Planned
Unit Development (PUD), and amendment to the original PUD, on the following
described property, to wit:
Legal Description: A 39.50 acre tract of land situated in the D.H.M. Hunter
Survey, Abstract 76, Pearland, Brazoria Count, Texas; and an 93.83 acre tract of
land situated in the D.H.M. Hunter Survey, Abstract 76, and the H.T. & B.R.R.
Company Survey, Abstract 233, Pearland, Brazoria County, Texas (Located on
the East Side of Old Alvin Road, and on the North Side of Orange Street)
Owner: City of Pearland
(City initiated zone change)
Pearland, Texas 77581
Commissioner Neil West made a motion to deny the amendment, Commissioner
Sheryl Greiner seconded.
The Commissioners denied the amendment because of the change in drainage,
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PLANNING AND ZONING COMMISSION
the repositioning of the green space buffer, losing non-conformity, and this does
not follow the Comprehensive Plan.
Executive Director of Community Services Nick Finan stated that the last plan
does not show the number of lots, is the true maximum number of lots 302 or is
the developer proposing up to 302. Mr. Finan stated that he would like to get that
clarified since there seemed to be a drainage problem and the developer would
have to possibly reconfigure the lots. Since the City Council is requesting this
and the Fire Chief would like to see the new Fire Station there and they are
discussing this to make recommendations just for denial knowing that this is
something the City Council is interested, he is not sure it that is going to serve full
purpose of going back to Council, however the developer may seek something in
between.
Planning & Zoning Chairperson Ruby Sandars stated that may be fine, except
the developer has totally changed the drainage plan and the Planning & Zoning
Commissioners felt that they had worked hard to get the 70 ft lots, instead of the
smaller ones.
Commissioner Linda Cowles asked what Mr. Finan would recommend the
Commissioners say to the Council.
Mr. Finan stated that the Commissioners may want to tell the City Council that
the Planning & Zoning Commission would like to see what the original PUD
contained as far as the drainage to take away from the property or consider
something as an alternative such as a berm or they could state that the drainage
plan must be kept intact.
Planning & Zoning Chairperson Ruby Sandars stated that is what they are saying
by denying this amendment.
Commissioner Sheryl Greiner stated an observation that it is not the Council's
request but the Fire Marshall's request for the Fire Station.
Planning & Zoning Chairperson Ruby Sandars stated that the bottom line is what
is the best use of the dirt.
Voting "Aye" to deny this amendment Sandars, Greiner, Cowles, and West.
Voting "No" None.
Motion to deny the amendment passed 4-0
E. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION
NO. 1182
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PLANNING AND ZONING COMMISSION
Request for an amendment to the land Use and Urban Development Ordinance
of said City from classification Light Industrial District (M-1) to Planned Unit
Development (PUD), on the following described property, to wit:
Legal Description: 10.407 acres, out of Lots 44, 45, and 49, W. Zychliniski
Subdivision, as recorded in Volume 29, Page 43, Brazoria County Deed
Records, H.T. & B.R.R. Company Survey, Abstract 232, and R.B. Lyle Survey,
Abstract 542, Pearland, Brazoria County, Texas (Generally Located at the
Northwest Corner of State Highway 35 (Main Street) and Halik Road)
Owner: Pauluhn Electric Manufacturing LLP
1616 North Main Street
Pearland, Texas 77581
Applicant: Kerry R. Gilbert and Associates
15810 Park Ten Place, Suite 160
Houston, Texas 77084
Commissioner Sheryl Greiner made a motion to approve subject to Staff's
changes and modified with resolution heard from the applicant.
The changes recommended are:
1. For Tract D the PUD proposes that the entire façade along Halik Road
comply with the City's requirement s should be the existing structure be
modified or enlarged to increase the amount of frontage on Halik Road.
Staff recommends that a similar proposal be added for Tract C — was
agreed upon by the applicant
2. See expanded of exclusion business not shown in the PUD, and would
like to see that listing added. See the listing that would be consistent
with M-1 zoning.
3. Setbacks can be left alone
4. Need the checkpoint or phrase added, " At the time of permit the
developer would be required to bring in the landscaping plan or at time
of tenant change, bring something in".
5. Increase the size of caliper on the trees with the exception of Tract "C".
Tract "C" monies would be paid in for the trees.
6. Sidewalk proposed for Highway 35, the money would be put into an
escrow account so that the sidewalk would not be built and then torn
t
down with the widening of Highway 35.
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,.. 7. Tract "A" would have a 10 ft waiver for the existing building, but any
new building or any modifications would have to have 25 ft setback.
Commissioner Neil West seconded.
Voting "Aye" Commissioners Sandars, Greiner, Cowles, and West.
Voting "No" None.
Motion to approve passed 4-0
The Public Hearing for Final Plat of Twin Lakes was called to order at 9:06 p.m.
F. CONSIDERATION & POSSIBLE ACTION - CONDUCT A PUBLIC
HEARING - Final Plat of Twin Lakes Section One a Subdivision of 64.8110
acres being a Replat of Lots 1,2. & 3, of Block 2 in the Pearland Industrial Park
described in a deed to John A. Sage, Trustee Recorded in Volume (91) 966,
Page 912, of the Deed Records of Brazoria County, Texas located in the H.T. &
B.R.R. Company Survey, Abstract No. 239, City of Pearland, Brazoria County,
Texas.
Plans and Plats Administrator Richard Keller stated that this was previously
platted as industrial lots and as per State law if there is a Replat then a Public
Hearing must be conducted.
Planning & Zoning Chairperson Ruby Sandars asked if there were any
comments from Staff.
Plans and Plats Administrator Richard Keller stated that he would give Staff's
comments during the review phase not during the Public Hearing.
Kevin Price, applicant stated that as far as he knew this was just a technicality.
There were no comments or questions from the general public.
The Public Hearing adjourned at 9:07 p.m.
F-1. CONSIDERATION & POSSIBLE ACTION - Final Plat of Twin Lakes
Section One a Subdivision of 64.8110 acres being a Replat of Lots 1 ,2, & 3, of
Block 2 in the Pearland Industrial Park described in a deed to John A. Sage,
Trustee Recorded in Volume (91) 966, Page 912, of the Deed Records of
Brazoria county, Texas located in the H.T. & B.R.R. Company Survey, Abstract
No. 239 City of Pearland, Brazoria County, Texas.
Plans & Plats Administrator Richard Keller stated that comment no. 1 is
something that was added at the last minute there will need to be a drainage pipe
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that will need to drain to the North. All the other items are still outstanding on the
plat.
Planning & Zoning Chairperson Ruby Sandars asked if the outstanding items
were major items.
Plans & Plats Administrator Richard Keller stated these items could be resolved
and completed at the time of final acceptance of the Subdivision.
Commissioner Sheryl Greiner made a motion to accept with Staff's comments,
Commissioner Linda Cowles seconded.
Voting "Aye" Commissioners Sandars, Greiner, Cowles, and West.
Voting "No" None
Motion to approved passed 4-0
G. CONSIDERATION & POSSIBLE ACTION - Preliminary Plat of Villages at
Mary's Creek, Section Two Phase Two, A Subdivision of 27.943 acres located in
the Warren D.C. Hall League, Abstract 70, Brasilia County, Texas.
bk Plans & Plats Administrator Richard Keller stated that there were 3 outstanding
items, those items have all been addressed.
Commissioner Sheryl Greiner made a motion to approve, Commissioner Neil
West seconded.
Commissioner Linda Cowles asked if the park fees were collected.
Staff addressed that the park fees are generally collected at time of final platting.
Voting "Aye" Commissioner Sandars, Greiner, Cowles, and West.
Voting "No" None.
Motion passed 4-0
H. CONSIDERATION & POSSIBLE ACTION - Final Plat of Cypress Village
Section Two a Subdivision of 51.26868 acres located in the H.T. & B.R.R.
Company Survey, Abstract 546 City of Pearland, Brazoria County, Texas
Plans & Plats Administrator Richard Keller had only two outstanding items listed
on comment sheet.
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Commissioner Sheryl Greiner made a motion to approve with Staff's comments;
approved construction plans and an approved Traffic Impact Analysis.
Commissioner Linda Cowles seconded.
Commissioner Linda Cowles asked if the Commissioners were to sign off before
the Traffic Impact Analysis.
Plans & Plats Administrator Richard Keller stated that this item had to be
approved prior to the City Engineer signing off.
Voting "Aye" Sandars, Greiner, Cowles, and West.
Voting "No" None.
Motion to approve passed 4-0
I. CONSIDERATION & POSSIBLE ACTION - Final Plat Pearland Central Wal-
Mart, a subdivision of 30.34 acres of land being a Replat of Lots 25, 26, 34 and
32 of Zychlinski Subdivision, Vol. 29, Pg. 43, B.C.D.R.; and Lot "A" of K-Mart
Super Center Pearland, Vol. 19, Pg. 167-168, B.C.P.R.; Located in the R.B. Lyle
Survey, A-542 and H. T. & B.R.R. survey, A-233, City of Pearland, Brazoria
County, Texas
Plans & Plats Administrator Richard Keller stated there was a Public Hearing on
this previously in the last 2 months. The owner wanted to come back and plat
out the 3 separate pad sites in the front of the property. These pad sites had
joint access with the old K-Mart site; so additional driveways would not be
required.
Deputy City Attorney Nghiem Doan asked if a Public Hearing had been
conducted on this plat before. Staff responded that there had been.
Commissioner Sheryl Greiner made a motion to approve with Staffs comments,
Commissioner Neil West seconded.
Commissioner Neil West asked what the options were on the pad sites.
Plans & Plats Administrator Richard Keller stated these were zoned Commercial
and whatever Commercial would allow there.
Commissioner Sheryl Greiner asked what was going to happen to the building on
site, and what about the 3 pad sites.
Hugh Blanchard, Brown & Gay, stated that the existing building would be torn
down. On the three pad sites, one would be a gas station and the other two
would be for sale.
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,.. Commissioner Linda Cowles asked where the existing turn signal is located.
Staff stated that the signal was not shown on the final plat.
Plans & Plats Administrator Richard Keller stated that the second driveway would
be a "Right —In Right-Out " only.
Planning & Zoning Chairperson Ruby Sandars asked what is going to happen to
the old Wal-Mart store.
Hugh Blanchard, Brown & Gay stated that it would be sold.
Voting "Aye" Commissioners Sandars, Greiner, Cowles, and West.
Voting "No" None
Motion to approve passed 4-0
J. CONSIDERATION & POSSIBLE ACTION — Final Plat Southgate Section
Two, a Subdivision of 38.561 acres of land out of and a part of a 173.490 acre
tract in the H.T. & B.R.R. Company Survey, Section 81, Abstract 300 City of
Pearland, Brazoria County, Texas
Plans & Plats Administrator Richard Keller stated that stated there were only two
comments on the plat.
Commissioner Neil West made a motion to approve, Commissioner Sheryl
Greiner seconded.
Voting "Aye" Commissioner Sandars, Greiner, Cowles, and West.
Voting "No" None
Motion to approve passed 4-0
K. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Savannah
Cove Section One, being 15.55 acres of land containing 47 lots (70'x120' TYP)
and Three Reserves (.094 ac) in Five Blocks out of the A.C.H. & B. Survey, A-
403 and J.S. Talmage Survey, A-562 Brazoria County, Texas, also being a
partial Replat of Iowa Colony Subdivision (Part of Lot 39 & 40, Section 76)
Recorded in Vol. 2, Pg. 82, B.C.P.R.
Plans & Plats Administrator Richard Keller stated that the developer had
addressed one of the comments, with two still outstanding.
411116.
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Commissioner Sheryl Greiner made a motion to approve with Staffs comments,
Commissioner Linda Cowles seconded.
Voting "Aye" Commissioners Sandars, Greiner, Cowles, and West.
Voting "No" None
Motion to approve passed 4-0
L. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Savannah
Meadows Section 5 being 17.01 acres of land containing 68 lots (50'x115' TYP)
and Two Reserves (3.19 ac) in four blocks out of the A.C.H. % B Survey, A-403
and J.S. Talmage Survey, A-562 Brazoria County, Texas, also being a partial
Replat of Iowa Colony Subdivision (Part of Lot 39 & 40, Section 76) Recorded in
Vol. 2, Pg 81 , B.C.P.R.
Plans & Plat Administrator Richard Keller stated that the developer had
addressed both the comments.
Commissioner Sheryl Greiner made a motion to approve, Commissioner Neil
West seconded.
Deputy City Attorney Nghiem Doan asked if there was going to be a Public
441111.
Hearing at time of replat.
Plans & Plats Administrator Richard Keller stated there would be one.
Planning & Zoning Chairman Ruby Sandars asked what the lot sizes conformed
to, ie R-1, R-2, etc.
Plans & Plats Administrator Richard Keller stated that these were in the
Savannah PUD.
Voting "Aye" Commissioner Sandars, Cowles, Greiner, and West.
Voting "No" None.
Motion to approve passed 4-0
M. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Southern
Trails Phase 1 Section One being 14.6 acres of land containing 13 lots (70'/80' x
120' TYP) and Five Reserves in One Block out of the H.T. & B.R.R. Company
Survey, Sec 84 A-538 & Sec 80 A-564, Brazoria County, Texas.
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Plans & Plats Administrator Richard Keller stated that note 26 stated the lots
were R-1 and R-2, Staff feels the developer could be more specific on the zoning
for the lot sizes, and Staff wants a 30ft Right of Way on the entrance.
Commissioner Sheryl Greiner made a motion to approve with Staff's comments,
Commissioner Linda Cowles seconded.
Commissioner Sheryl Greiner asked what was the proposed density.
Plans & Plats Administrator Richard Keller asked if these were an R-1 or R-2
lots.
Randy Riley, Kerry Gilbert, stated that this was the model home park for the
entire project. He stated that there would be everything projected for the entire
project, so the lots would be varying sizes to show the different styles of homes.
The developer feels that they will fall below the density that was spelled out in the
PUD documents.
Planning Manager Lata Krishnarao asked if the PUD documents stated that the
lots would vary.
Randy Riley stated he did not think this was in the PUD.
Commissioner Sheryl Greiner asked for a point of information, asked if an
amendment to the PUD is needed prior to approving the preliminary plat.
Deputy City Attorney Nghiem Doan stated that a motion to table would be
appropriate, and since this was a Preliminary Plat, the timetable would not apply.
Planning Manager Lata Krishnarao asked if the preliminary plat could be
approved, and check out the PUD documents.
Deputy City Attorney Nghiem Doan stated that this could be done, but if the PUD
document needs to be amended, approving the preliminary plat could cause
problems down the line.
Commissioner Sheryl Greiner asked if this could be tabled.
Randy Riley asked to interject, feels that the width was in the PUD, but the
developer needed to get started on the model homes, and he was looking
through the PUD document, and did not see if lot width was specified. If it turns
out to be the case, the developer would amend the Preliminary Plat prior to Final.
Point of Information — Commissioner Sheryl Greiner asked if this could be tabled
and a member of Staff see if the PUD could be located and reviewed and come
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back to this later in the meeting. Commissioner Sheryl Greiner made a motion to
table until Staff could research this question, Commissioner Neil West seconded.
Voting "Aye" to table at this time, Commissioners Sandars, Greiner, Cowles, and
West.
This item was tabled at 9:30 p.m.
N. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow
Creek Ranch SF-42, 40.487 acres being out of the H.T. & B.R.R. Company
Survey, Section 83, Abstract 305, and the H. T. & B.R.R. Company Survey,
Section 82, Abstract 565, City of Pearland, Brazoria County, Texas
Plans & Plat Administrator Richard Keller stated there were no outstanding items
on this plat.
Commissioner Neil West made a motion to accept, Commissioner Sheryl Greiner
seconded.
Voting "Aye" Commissioners Sandars, Cowles, Greiner, and West.
Voting "No" None.
Motion to approve passed 4-0.
O. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow
Creek Ranch MF-5B, 16.975 acres being out of the William Morris Survey,
Abstract 344, City of Pearland, Brazoria County, Texas
Plans & Plats Administrator Richard Keller stated there were no outstanding
items on this plat.
Commissioner Sheryl Greiner made a motion to approve, Commissioner Neil
West seconded.
Voting "Aye" Commissioners Sandars, Greiner, Cowles, and West.
Voting "No" None
Motion to approve passed 4-0
P. CONSIDERATION & POSSIBLE ACTION — Final Right-Of-Way Plat of
Shadow Creek Ranch Business Center Drive and Medical Center Drive, 7.641
acres being out of the T.C.R.R. Company Survey, Section 4, Abstract 675, The
William Morris Survey, Abstract 344 and J. Crawley Survey, Abstract 174, City of
Pearland, Brazoria County, Texas
4140.
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Plans & Plats Administrator Richard Keller stated there were no outstanding
items. These are the two streets that surround the proposed hospital site and do
not connect to any major collectors.
Commissioner Sheryl Greiner made a motion to approve, Commissioner Neil
West seconded.
Voting "Aye" Commissioners Sandars, Cowles, Greiner, and West.
Voting "No" None
Motion to approve passed 4-0
Q. CONSIDERATION & POSSIBLE ACTION — Final Plat of The Lakes at
Highland Glen Section Nine, 26.0174 acres out of the D.H.M. Hunter Survey,
Abstract No. 76, City of Pearland, Brazoria County,
Plans & Plats Administrator Richard Keller stated that there are only two items
still outstanding; approved construction plans and a signature required.
Commissioner Sheryl Greiner made a motion to accept with Staff's comments,
Commissioner Neil West seconded.
Commissioner Sheryl Greiner asked if the construction plans had been
submitted.
Staff stated that the construction plans had been received.
Voting "Aye" Commissioners Sandars, Greiner, Cowles, and West.
Voting "No" None.
Motion to approve passed 4-0
R. CONSIDERATION & POSSIBLE ACTION — Appointment of 1 P&Z member
to panel for review of RFP's for Old Townsite revitalization project.
Planning Manager Lata Krishnarao stated that there were 5 finalists and it was
discussed to put together a panel with staff and one representative from Planning
& Zoning and one member from City Council.
Executive Director of Community Services Nick Finan stated that the committee
would review the proposals and choose 3 for final interviews. In talking with the
City Manager it was decided it would be good to have a member of Planning &
Zoning to bring forth the Planning & Zoning Commission. After a firm is selected,
Am-
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PLANNING AND ZONING COMMISSION
,.� then ideas from the community, Chamber of Commerce and various other
entities to develop a plan for a plan for the Old Townsite.
Commissioner Neil West asked what was the time frame.
Executive Director of Community Services Nick Finan explained that it would
probably be March.
Commissioner Sheryl Greiner stated that she grew up in the area and is very
interested in being on this committee. Ms. Greiner also stated that there would
be no financial gain from this. Commissioner Neil West stated he would be the
alternate.
Commissioner Neil West made a motion to elect Sheryl Greiner to be the
representative, Commissioner Linda Cowles seconded.
Voting "Aye" to have Sheryl Greiner as the Planning & Zoning representative and
Neil West as the alternate - Commissioners Sandars, Cowles, Greiner, and West
Voting "No" None
Motion passed 4-0
Commissioner Linda Cowles made a motion to remove from the table the
Southern Trails plat — Item M. Commissioner Neil West seconded.
Voting "Aye" to remove from the table Southern Trails plat — Commissioners
Sandars, Greiner, Cowles and West.
Voting "No" None
Motion passed 4-0
Planning Manager Lata Krishnarao stated that they had a copy of the Southern
Trails PUD, and it states SF 3 -lot sizes are 81 ft or 61 ft by 115 ft.
City Engineer Doug Kneupper stated that there is text in the document that talks
about the total number of lots within the acreage, and text that talks about slight
deviations in percentage either up or down in the land use categories as long as
they stay within the maximum number of lots in the develop.
Randy Riley stated it also states that they can change uses within the boundaries
of the PUD as long as you don't interfere or increase the overall percentage caps
or increase the maximum number of lots. Mr. Riley stated that this is the first
section that entails 13 or 14 acres of land it is impossible to break that now.
As-
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�.. Planning Manager Lata Krishnarao stated there was no problem with changing
the lot sizes, just want to make sure that the PUD is in compliance and once they
start changing the percentages, then Staff would need to be advised.
Mr. Riley stated that there would be no problem to keep staff apprised of status.
Voting "Aye" Commissioners Sandars, Greiner, Cowles, and West.
Voting "No" None.
Motion to approve passed 4-0
S. DISSCUSSION ITEM - Parkside at Pearland PUD, Hooks Road -
Clarification of one of the stipulations of development of Parkside at Pearland
Planning Manager Lata Krishnarao stated this came up due to some
discrepancies in the PUD document. The PUD document states that access to
the tract will have to be extended from Broadway/FM 518 to Hooks Road, that is
page one. In one of the answers in addressing the concern of the Planning &
Zoning Commission they had stated "it was our understanding of the Planning &
Zoning informal meeting that occupancy permits cannot be issued unless direct
access to Broadway is complete, this is their own language, it is further our
�.- understanding that building permits cannot be issued prior to completion of
Hooks Road." Again Hamilton Homes understands that no residences can be
inhabited until completion of Hooks Road.
Ms. Krishnarao stated at this point they wanted clarification if the Planning &
Zoning Commission wanted access from Broadway/FM 518 through Hooks Road
to the houses to the PUD after completion when the Certificate of Occupancy
was issued. Again this is for Staff's clarification, when the developer comes for
the Certificate of Occupancy, Staff wants to be sure of what the Planning &
Zoning Commission wanted. These are the things in the PUD now.
Planning & Zoning Chairperson Ruby Sandars feels that what was said, Hooks
Road had to be finished and the residents had to go into the subdivision through
Broadway.
Jay Carr, Hamilton Homes, the information that was put into the PUD originally
was with the understanding that the development of the 15 acres to the south
was going to be a commercial development and Hamilton Homes was going to
partner with them. Since then the development to the South has fallen through
and that development is back in the Courts, and through a judiciary move, no
improvements can be made to this road until such time the judge in the case lets
the land go. The easement is there, but since the improvements cannot be
made, including the 45-degree angle turn, we cannot complete that road. We
understand about the construction access, and a point of information that no
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�. construction permits can be issued until there is a single point of access to that
location via construction to keep construction vehicles out of the neighborhood
for safety, health and welfare. If we have construction trucks and get everything
developed and that court case is still locked up, and we have homes starting to
be built, we are not going to be able to put in a road, and we do not know how
long it is going to take, we are talking 200 yards of road in Sunrise Lakes and the
impact is going to be 11 homes. The clarification request was to exactly clarify
what was on the stipulation so we would not remove the verbiage that was on
prior understood knowledge to be in compliance with what the stipulation actually
said. We want to comply with what was actually stipulated.
Commissioner Sheryl Greiner stated that she believed that what was stated that
Hamilton Homes would have to use Hooks Road as the entrance.
Planning Manager Lata Krishnarao asked if that was Hooks Road from
Broadway/FM 518 because Hooks Road does come through Sunrise Lakes.
There was a discussion showing Hooks Road going through Sunrise Lakes, and
eventually Hooks Road would connect to Broadway. Pulte Homes has not
completed their phases to finish Hooks Road to CR 402.
The point of information is to find out what was exactly stated and what the
stipulation stated and take that information and put into the PUD document.
There was a discussion between Staff and the developer regarding the wording
in the PUD document. That is why a clarification is needed as to what was
exactly stated so that any stipulations can be put into the PUD document prior to
taking it back before City Council.
Deputy City Attorney Nghiem Doan stated that the Planning & Zoning
Commission could place additional stipulations on the PUD, and those are legal
and supercede any prior agreements.
A discussion between Staff and the Deputy City Attorney ensued as to what
needed to happen at this point, since this is a discussion item.
Planning & Zoning Chairman Ruby Sandars asked each member what they
recalled regarding this item. A majority of the Commissioners recalled that the
entrance had to be coming in from Broadway. A discussion ensued between the
Commissioners and the developer regarding the construction of Hooks Road and
how far the developer will extend the road.
The understanding by the developer is that the construction access would come
from Broadway/FM 518 and install an emergency access in.
Page 16 of 17 —P&Z Minutes
PLANNING AND ZONING COMMISSION
Commissioner Sheryl Greiner stated that the developer was asking regarding the
Certificate of Occupancy since Hooks Road would not be complete to
Broadway/FM 518.
There was a discussion among the Commissioners as to what the understanding
and what was stated regarding the Hooks Road issue. Deputy City Attorney
Nghiem Doan made a suggestion that maybe Staff should go back and listen to
the tapes and determine what was stated. The Commissioners agreed that Staff
would go back and listen to the tapes to get a clarification of what was said and
what the stipulations were.
T. DISSCUSSION ITEM — State APA Conference, Oct 13 — Oct 16 in Austin, of
Pearland, Brazoria County
Senior Planner Theresa Grahmann handed out the information regarding the
State APA conference in October and asked if any Commissioners wished to
attend, to please let her know.
NEXT MEETING DATES: October 4, 2004 — Regular P & Z
October 18, 2004 — JPH & Regular P & Z
ADJOURNMENT
The meeting was adjourned at 10:19 p.m.
These minutes respectfully submitted by:
Aav), rtf‘)Lfmtt,.._
Betty Foren an, Planning & Zoning Secretary
I nutes approved as submitted and/or corrected on this iC) day of
MM y'i I , 2004.
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Page 17 of 17 — P&Z Minutes