2004-09-08 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 8, 2004, AT 6:30 P.M., IN THE SECOND FLOOR CONFERENCE
ROOM OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
The meeting was called to order at 6:40 p.m. with the following present:
Chairman Ruby Sandars
Commissioner David Ransom
Commissioner Sheryl Greiner
Commissioner Neil West
Commissioner Joe McWhorter
Commissioner Peter Dumont
Secretary Betty Foreman
Absent: Vice Chairperson Todd locco
Also in attendance: Assistant City Attorney Nghiem Doan; Planning Manager
Lata Krishnarao; Senior Planner Theresa Grahmann; Executive Director of
Community Services Nick Finan; City Engineer Doug Kneupper; and Plans and
Plats Administrator Richard Keller.
Also present was Jay Carr of Hamilton Homes.
NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION- Regarding the request for an
amendment to the Land Use and Urban Development Ordinance of the City of
Pearland from Classification Suburban Development District (SD) to Planned
Unit Development District (PUD), Generally located north FM 518, and the West
Side of Hooks Road
Lata Krishnarao gave a brief description of this Planned Unit Development (PUD)
located on the North side of FM 518 and on the west side of Hooks Road. Mr.
Jay Carr had sent a letter asking for a special meeting regarding clarification of
the Hooks Road extension. This issue being discussed is the completion of
Hooks Road to FM 518.
Originally when the PUD document was approved, the Planning & Zoning
Commission held informal review meetings on May 3, 2004 and at that time the
access to the development would be through Hooks Road and Hooks Road
would be connected to FM 518. There was discussion among the
commissioners and it was indicated that the connection would be completed.
The Commissioners then suggested that Certificate of Occupancies would only
be issued upon completion of the Hooks Road and FM 518 connection. The
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PLANNING AND ZONING COMMISSION
Planning & Zoning Commission in the last meeting asked Staff to review the
tapes regarding the access question for this PUD. Ms. Krishnarao stated upon
her review of the tapes it was clear that the Commission and the developer
stated that this development would be connected to FM 518 through Hooks Road
to avoid travel through the Sunrise Lakes subdivision.
After the Planning & Zoning Commission meeting, there was a Joint Public
hearing regarding this development. During the public hearing that there was
some opposition to this from the Sunrise Lakes neighborhood due to the
development traffic may be going through their neighborhood. What was
conveyed to the Commissioners and the public was that the developer had
agreed to the fact that Certificate of Occupancies would only be issued upon the
completion of Hooks Road to FM 518. Ms. Krishnarao feels that this is very clear
based upon the letter received from the developer. The PUD was approved
based upon that stipulation.
Two other issues that the Planning & Zoning Commission had was a construction
access being built through Hooks Road and the emergency access gate would
be constructed prior to any issuance of any permits.
Since then, the developer has come back and asked for a release of the Hooks
Road completion stipulation. The reason is that the developer had originally
planned on collaborating with two other property owners to complete Hooks
Road from FM 518. Since the PUD was originally submitted, the deal with the
other property owners has fallen through and they now ask for a release of the
stipulation of "The Certificate of Occupancies would be issued only after Hooks
Road was completed to FM 518". The developer would like to have this
stipulation removed from the PUD document. Ms. Krishnarao stated that the
applicant, Mr. Jay Carr of Hamilton Homes was present to answer any questions
that the Commissioners may have.
Mr. Jay Carr, Hamilton Homes, advised that when the Planning & Zoning
Commission was first approached regarding this PUD, they had made all the
stipulations and they had conversations with the property owners to the South,
consequently the contracts had fallen through, and now Hamilton Homes is
asking that the original stipulation be removed. The land to the South is now
locked up in the court system and no building or improvements can be made.
There are two access points on the West side of the development, and those
would be through Sunrise Lakes and one point to the East.
The developer does not feel that the traffic impact would be that significant. The
development will have only 39 homes, base price of the homes is from $200-
$240's. The target market is empty nesters, 55 yrs and up. The developer will
have the emergency access gate in prior to any construction starting.
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PLANNING AND ZONING COMMISSION
Commissioner David Ransom made a motion to approve the removal of the
stipulation, with a second by Commissioner Neil West.
Commissioner Neil West asked what the time line was to begin any
development.
Jay Carr, Hamilton Homes stated that the development was originally scheduled
to begin in January of 2005. With all the delays, the project is currently 2
months behind schedule. The goal is the begin development in early February,
with development being conducted during the day and school hours. The first
model home would be 6 — 8 weeks after all approvals. The sales time line is
early summer.
Commissioner Neil West asked what was the build out time.
Jay Carr stated that the build out time is 18 months.
Commissioner Joe McWhorter asked where the construction entrance would be.
Jay Carr stated that the construction entrance would be Hooks Road from FM
518.
Commissioner David Ransom asked if the emergency access would be at the
North entrance to the property.
Jay Carr stated that the entrance at the Northwest portion of the development
would be the emergency access only.
Commissioner David Ransom stated that the wording would have to stipulate
that the construction traffic would only use the construction path.
Jay Carr, Hamilton Homes, stated that there would be no problem putting that
stipulation into the PUD.
Commissioner David Ransom asked Lata Krishnarao, Planning Manager, who
would be responsible to complete Hooks Road.
Lata Krishnarao stated that at this time the City had no plans in developing
Hooks Road, it would have to be dependent upon the landowners of the
developments.
Planning & Zoning Chairperson Ruby Sandars asked Mr. Carr if they were
intending to complete Hooks Road to the end of their development.
Jay Carr stated that they would be completing Hooks Road to the end of the
development.
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PLANNING AND ZONING COMMISSION
There was ensuing discussion between the Commissioners and Mr. Jay Carr
regarding the drainage, tot lots and the density of the area.
Commissioner David Ransom made a motion to amend his original motion to
accept the removal of the occupancy restriction to the Hooks Road completion
and replace with verbiage that restricts construction traffic to the unimproved
Hooks Road entrance. Commissioner Neil West seconded the motion.
Chairperson Ruby Sandars restated that the verbiage of the construction road
access only from Broadway/FM 518 not through the subdivision and eliminate
the wording in the PUD that occupancy only depends upon completion of Hooks
Road.
Deputy City Attorney Nghiem Doan stated that there would have to be a vote on
the amendment of the original motion prior to the voting on the first motion.
Chairperson Ruby Sandars called for the vote on the amendment to add the
verbiage of "Construction entrance from Broadway/FM 518 only on the
construction road and to eliminate the certificates of occupancy is being
dependent upon Hooks Road being completed to Broadway/FM 518.
Voting "Aye" Commissioner Sandars, West, Ransom, Greiner, McWhorter, and
Dumont.
Motion to approve the amended motion passed 6-0
Chairperson Ruby Sandars called for the vote of the amendment to the PUD.
Voting "Aye" Commissioner Sandars, West, Ransom, McWhorter, and Dumont.
Voting "No" Commissioner Greiner.
Motion to approve the amendment to the PUD passed 5-1
B. ORIENTATION AND TRAINING
Executive Director of Community Services Nick Finan conducted an orientation
and training session for the newest members of the Planning & Zoning
Commissioners. Also conducting part of the session was City Engineer Doug
Kneupper and Deputy City Attorney Nghiem Doan.
NEXT MEETING DATES: September 20, 2004 - JPH & Regular P & Z
a..,
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PLANNING AND ZONING COMMISSION
ADJOURNMENT
The meeting was adjourned at 8:27 p.m.
These minutes respectfully submitted by:
e :\\
Betty Fore an, Planning & Zoning Secretary
Minutes approved as submitted and/or corrected on this U) day of
aRk , 2004.
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