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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 Page 1 of 5 — P&Z Minutes 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. Page 2 of 5 — P&Z Minutes 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. Page 3 of 5 — P&Z Minutes 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.., Page 4 of 5 — P&Z Minutes 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. • / • Page 5 of 5 —P&Z Minutes