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2009-09-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING CITY OF PEARLAND PLANNING AND ZONING COMMISSION SEPTEMBER 19, 2005 AT 6:30 P.M. FOLLOWING THE JOINT PUBLIC HEARING COUNCIL CHAMBERS CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The Regular Meeting was called to order at 10:15 p.m., with the following present: P&Z Chairperson Ruby Sandars P&Z Vice-Chairperson Todd locco P&Z Commissioner Sheryl Greiner P&Z Commissioner Neil West Also in attendance were Executive Director Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Plat Administrator Richard Keller, Deputy Assistant Attorney Nghiem Doan, and Planning Secretary Judy Krajca. II. APPROVAL OF MINUTES — August 15, 2005 (Regular Meeting) August 29, 2005 (Special Meeting) Vice-Chairperson locco made the motion to approve both minutes, and Commissioner Greiner seconded. Minutes were approved 4-0. III. NEW BUSINESS A. ZONE CHANGE APPLICATION NO. 1240 A request by Ramond W. Howard, applicant for Jesus Banda, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Mobile Home Park District (MH), on the following described property, to wit: Legal Description: 9.988 acres, being Lot 28, Allison-Richy Gulf Coast Home 0— Company Subdivision as recorded in Volume 2, Page 23, Brazoria County Plat Records out of Section No. 7, H.T. & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas, City of Pearland, Brazoria County, Texas Agenda-P&Z 09/19/05 Paae 1 of 16 PLANNING AND ZONING COMMISSION Ink General Location: Generally Located on the West Side of O'Day Road, and North of Butler Road Vice Chairperson locco made the motion to approve for discussion, and Commissioner Greiner seconded. Chairperson Sandars, and Vice-Chairperson locco stated it does not comply with the Comprehensive Plan, and Mr. locco stated he cannot support this. There was no further discussion. The vote failed 0-4 with the following reasons: 1) Does not comply with the Comprehensive Plan 2) Staff Comments stated in the staff report 3) Inconsistent with land use B. ZONE CHANGE APPLICATION NO. 1242 A request by Signature Eubanks and Associates, applicant for the Estate of Alfred Hrbacek and Annie Hrbacek, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: Legal Description: 10.00 acres, approximately, being the south 7.5 acres of Tract 4 of the subdivision of Section 17, H.T. & B.R.R. Company Survey, Abstract 242, in Brazoria County, Texas, according to the plat thereof as it appears of record in the Office of the County Clerk of Brazoria County, Texas; and the north 2.5 acres of the South 10 acres of the South 20 acres of the East 60 acres of the northeast one quarter of Section 17, H.T. & B.R.R. Company Survey, Abstract 242, this same property has sometimes been known and referred to and described as Lot 4, Section 17, Abstract 242, Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located at the Northwest Corner of Manvel Road (FM 1128) and Fite Road Vice-Chairperson locco made the motion to approve, and Commissioner Greiner seconded. There was no discussion from Commissioners/Staff. The vote passed 4-0. Agenda-P8Z 09/19/05 Page 2 of 16 PLANNING AND ZONING COMMISSION ► C. ZONE CHANGE APPLICATION NO. 1245 A request by Hiep Pham, applicant for Fortress Pearland Investment, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: Legal Description: 8.290 acres, being a part of Lot 12 of the Allison Richey Gulf Coast Home Company Subdivision of Section 21 , H.T. & B.R.R. Company Survey, Abstract 309, as recorded in Volume 2, Page 23, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of FM 518 (Broadway Street), and East of Ower Lane Commissioner Greiner made the motion to approve, and Vice-Chairperson locco seconded. There was no discussion from Commissioners/Staff. The vote was 4-0 for approval. D. ZONE CHANGE APPLICATION NO. 1239 & SPECIFIC USE PERMIT APPLICATION NO. 153 A request by Charles Viktorin, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to General Business District (GB), with a Specific Use Permit for Single Family Residential Uses (GB(S)), on the following described property, to wit: Legal Description: 20.00 acres, being the north one-half of Tract 2, the south one- half of Tract 2, and Tract 5, Abstract 309, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Smith Road (County Road 666), and South of FM 518 (Broadway Street) Commissioner Greiner made the motion to approve w/specific conditions presented in staff comments and the added condition that a sidewalk not be constructed with the home, but on a later date as the GB tract develops. Vice-Chairperson locco seconded. Commissioner Greiner asked the applicant, Mr. Viktorin if he would be in agreement to this. Mr. Viktorin replied he would. Agenda-P&Z 09/19/05 Pana of 1A PLANNING AND ZONING COMMISSION There was no further discussion from Commissioners/Staff. The vote was 4-0 for approval. E. ZONE CHANGE APPLICATION NO. 1241 A request by Charles C. Moffett, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Commercial District (C), on the following described property, to wit: Legal Description: 5.00 acres, being the south one-half of Lot 21, of the Allison- Richey Gulf Coast Home Company Subdivision of Section 8, of the H.T. & B.R.R. Company Survey, Abstract 504, according to the map or plat thereof, as recorded in Volume 2, Page 23 and 24, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Roy Road, and North of FM 518 (Broadway Street) Vice-Chairperson locco made the motion to approve, and Commissioner Greiner seconded. There was no discussion from Commissioners/Staff. The vote was 4-0 for approval. F. ZONE CHANGE APPLICATION NO. 1243 A request by Traffic Control Devices, Inc., and George W. Williams, III, applicant for Associated Enterprises, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) Light Industrial District (M-1), on the following described property, to wit: Legal Description: 5.00 acres, being a part of and out of Lot 178, out of the Zychlinski Subdivision of Section 28, H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 9, of the Deed Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of State Highway 35 (Main Street), and North of Dixie Farm Road Agenda-P&Z 09/19/05 Page 4 of 16 PLANNING AND ZONING COMMISSION ow'' Vice-Chairperson locco made the motion to approve, and Commissioner West seconded. There was no discussion from Commissioners/Staff. The vote was 4-0 for approval. G. SPECIFIC USE PERMIT APPLICATION NO. 154 A request by Chase Lodge Corporation, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for a Homeowner's Association Swimming Pool in the Single Family Dwelling District (R-2(S)), on the following described property, to wit: Legal Description: Lot 9, Block 2, of Pearland Farms Subdivision, Section 1, Abstract 508, F B Drake Survey, City of Pearland, Brazoria County, Texas General Location: Generally Located on the West Side of Old Holly Drive (3418 Old Holly Drive) Vice-Chairperson locco made the motion for approval with discussion, and Commissioner West seconded. Vice-Chairperson locco expressed concern of putting in a pool on a single residential home lot. He felt the pool was too big for said lot, and he had concerns such as those on the other side of the subdivision getting across the detention pond to the pool area. Chairperson Sandars concerns were with the parking, and Commissioner West concerns were with the setbacks. There was no further discussion. The motion failed 0-4, with reasons being the lot is not large enough to meet the requirement for a community pool on this lot. H. ZONE CHANGE APPLICATION NO. 1246 & SPECIFIC USE PERMIT APPLICATION NO. 155 A request by Natalie Moreland, applicant for Hung K. Luu, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Single Family Dwelling District (R-1) and Single Family Dwelling District (R-3) to Office and Professional District (OP), with a Specific Use Permit for a Civic Center/Recreation Center, (OP(S)), on the following described property, to wit: Legal Description: 9.9546 acres, approximately, being Lots 11A, 12, 12A, 13, 14, 15, and 16A, out of the Perry and Austin League, Abstract 111, described in a deed recorded under County Clerks File No. 95- 020805 in the Office of the County Clerk of Brazoria County, Agenda-P&Z 09/19/05 D.nc c of i R PLANNING AND ZONING COMMISSION Texas; and Reserve "A" of Hazeldale Estates, Reserve "I" of Hazeldale Estates, and the 60 foot drainage easement lying south of Reserve "I", according to the map or plat of Hazeldale Estates as recorded in Volume 17, Page 243, of the Plat Records of Brazoria County, Texas;, and a 0.4298 acre tract of land lying between said drainage easement and the existing centerline of Mary's Creek, City of Pearland, Brazoria County, Texas General Location: Generally Located on the North Side FM 518 (Broadway Street), and on the West Side of Shauntel Street Commissioner Greiner made the motion to approve for discussion, and Vice- Chairperson locco seconded. Vice-Chairperson locco stated this should remain residential. No further discussion from Commissioner/Staff. The vote was 0-4. The zone change was recommended for denial, and the reason being it shouldn't change residential land adjacent to residential land. I. ZONE CHANGE APPLICATION NO. 1244 A request by Tim Stovall, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Light Industrial District (M-1) to Planned Unit Development District (PUD), on the following described property, to wit: Legal Description: 3.269 acres, being Lot 8 of the Orange Grove Addition recorded in Volume 2, Page 62 of the Harris County Map Records, City of Pearland, Harris County, Texas General Location: Generally Located at the Southeast Corner of Beltway 8 and Almeda School Road Commissioner Greiner made the motion to approve, and Vice-Chairperson locco seconded. Commissioner West had concerns with why so much signage. He doesn't want the PUD to encroach on restrictions to signage. Commissioner Greiner stated she would like to see us move more toward the Spectrum District. She asked staff for comments. Planning Director Krishnarao spoke about facade, sidewalks, setbacks and landscaping. There was more discussion about signage between the Commissioners, Executive Director Finan, and Ms. Krishnarao. There was also discussion about paving the Agenda-PSZ 09/19/05 Page 6 of 16 PLANNING AND ZONING COMMISSION driveway. Chairperson Sandars asked Mr. Stovall why he did not want to pave it. His response was cost. There was no further discussion. The vote was 4-0 for approval, with all of staffs recommendations. J. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF COUNTRY CLUB PLAZA A request by Walker Treesh, RPLS, for Jay Javadi, Donya, LLC, owner, for approval of a Final Plat of 6.4224 acres zoned Commercial (C) and Maximum Density Single Family (R-4) for one lot for commercial use. The property is located at the west corner of Broadway and Liberty Drive, and is described as follows: 6.4224 acres of land, out of a 313 acre tract in the W.D.C. Hall Survey, Abstract No. 70, in the City of Pearland, Brazoria County, Texas. Plat Administrator Richard Keller stated that there were no outstanding items. Vice-Chairperson made a motion to approve, and Commissioner Greiner seconded. The vote was 4-0 for approval. K. CONSIDERATION & POSSIBLE ACTION —FINAL PLAT OF CORRIGAN PLAZA SECTION ONE A request by Debra Leger-Jordan, Windrose Land Services, for Corrigan Plaza, Ltd., for approval of a Final Plat of 4.9370 acres zoned General Business (GB) and Neighborhood Services (NS) into one lot for commercial use. The property is located at the southwest corner of Broadway and Corrigan Drive, and is described as follows: 4.9370 acres situated in the H.T. & B.R.R. Co. Survey, Section 13, Abstract No. 240, City of Pearland, Brazoria County, Texas. Plat Administrator Keller stated there was one outstanding item regarding the easement. Vice-Chairperson locco made the motion to approve, and Commissioner West seconded with staff recommendation. The vote was 4-0 for approval, with staff recommendations. Agenda-P8Z 09/19/05 Page 7 of 16 PLANNING AND ZONING COMMISSION L. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SUNRISE LAKE CENTER A request by Chris Hendrick, The Wilson Survey Group, for Landquest, LLC, for approval of a Final Plat subdivision of 5.284 acres zoned General Business (GB) into three lots for commercial use, with 0.799 acre reserved for stormwater detention. — The property is located at the northeast corner of the intersection of Sunrise Boulevard and Broadway, and is described as follows: 5.284 acres in the John W. Maxey Survey, Abstract No. 721 in the City of Pearland, Brazoria County, Texas. Plat Administrator Keller stated that staff originally was going to deny this due to outstanding items, specifically the Traffic Impact Analysis; however, everything has been met, and there is nothing currently outstanding. Vice-Chairperson locco made a motion to approve, and Commissioner West seconded. The vote was 4-0 for approval. Vice-Chairperson locco made a motion that Item No.'s M-S be reviewed and voted on together. Commissioner West seconded. The vote was 4-0 for approval. M. CONSIDERATION & POSSIBLE ACTION — FINAL RIGHT-OF-WAY PLAT OF SHADOW CREEK RANCH PORTION OF WINDWARD BAY DRIVE A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Right-of-Way Plat of 5.997 acres in Shadow Creek Ranch for a portion of Windward Bay Drive. The property is located in the southwestern portion of Shadow Creek Ranch in Fort Bend County, and is described as follows: 5.997 acres being out of the H.T. & B.R.R. Company Survey, Section 83, Abstract 761, and the F. Hooper Survey, Abstract 198, City of Pearland, Fort Bend County, Texas. Plat Administrator Keller commented on which plats had outstanding items. Commissioner Greiner made a motion to approve with staff comments, and Vice-Chairperson locco seconded. The vote was 4-0 for approval. Agenda-P&Z 09/19/05 Page 8 of 16 PLANNING AND ZONING COMMISSION N. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF-50 A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 37.814 acres in Shadow Creek Ranch for 56 residential lots, with nine reserves totaling 22.457 acres for landscaping, drainage, open space, and a lake. The plat is located north and east of Trinity Bay Drive at the Fort Bend/Brazoria County line in Shadow Creek Ranch, and is described as follows: 37.814 acres, being out of the S.G. Haynie Survey, Abstract 212, and the H.T. & B.R.R. Co. Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas, and the S.G. Haynie Survey, Abstract 620, and the H.T. & B.R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Commissioner Greiner made a motion to approve with staff comments, and Vice-Chairperson locco seconded. The vote was 4-0 for approval. O. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF-51A A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 21.230 acres in Shadow Creek Ranch for 91 residential lots, with four reserves of 0.273 acre for landscaping and open space. The plat is located south of future Arcadia Bay Drive in Shadow Creek Ranch, Fort Bend County, and is described as follows: 21.230 acres, being out of the H.T. & B.R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Commissioner Greiner made a motion to approve with staff comments, and Vice-Chairperson locco seconded. The vote was 4-0 for approval. P. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF-51B A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland 40' Investments, LLP, for approval of a Final Plat subdivision of 51.085 acres in Shadow Creek Ranch for 113 residential lots, with four reserves of 25.032 acre for drainage, open space, and a lake. The plat is located south of proposed Agenda-P&Z 09/19/05 Paae 9 of 16 PLANNING AND ZONING COMMISSION Trinity Bay Drive in Shadow Creek Ranch in Fort Bend and Brazoria Counties, and is described as follows: 51 .085 acres, being out of the H.T. & B.R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas, and the H.T. & B.R.R. Co. Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas. Commissioner Greiner made a motion to approve with staff comments, and Vice-Chairperson locco seconded. The vote was 4-0 for approval. Q. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF-53 A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 30.556 acres in Shadow Creek Ranch into 82 residential lots, with five reserves of 8.989 acres for landscaping, open space, power lines, drainage, a lake, and flood storage. The plat is located east of the future Arcadia Bay Drive in the Shadow Creek Ranch PUD, Fort Bend County, and described as follows: 30.556 acres, being out of the F. Hooper Survey, Abstract 198, and the H.T. & B.R.R. Company Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Commissioner Greiner made a motion to approve with staff comments, and Vice-Chairperson locco seconded. The vote was 4-0 for approval. R. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF-59 A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 38.158 acres of land in Shadow Creek Ranch into 49 residential lots, with seven reserves of 22.833 acres for landscaping, open space, power lines, a drill site, drainage, a lake, and flood storage. The plat is located east of future Arcadia Bay Drive in the Shadow Creek Ranch PUD, Fort Bend County, and described as follows: 38.158 acres, being out of the F. Hooper Survey, Abstract 198, and the H.T. & B.R.R. Company Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Agenda-P8Z 09/19/05 Page 10 of 16 PLANNING AND ZONING COMMISSION Commissioner Greiner made a motion to approve with staff comments, and Vice-Chairperson locco seconded. The vote was 4-0 for approval. S. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF-60 A request by Jason Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 24.412 acres of land in the Shadow Creek Ranch PUD into 40 residential lots, with eight reserves totaling 14.337 acres for drainage, flood storage, lake, landscaping, and open space. The plat is located east of F.M. 521 and north of future Arcadia Bay Drive in Shadow Creek Ranch, Fort Bend County, and is described as follows: 24.412 acres, being out of the F. Hooper Survey, Abstract 198, and the H.T. & B.R.R. Company Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Commissioner Greiner made a motion to approve with staff comments, and Vice-Chairperson locco seconded. The vote was 4-0 for approval. T. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF REGENCY MEDICAL CENTER A request by Chris L. Hendrick, The Wilson Survey Group, Inc., for approval of a Preliminary Plat subdivision of 6.6022 acres in the E.T.J. into 2 lots for non- residential use. The plat is located east of S.H. 288 south of McHard Rd, and is described as follows: 6.6022 acres in the J. Crawley Survey, Abstract No. 174, Brazoria County, Texas. Plat Administrator Keller stated all outstanding items have been taken care of. Vice-Chairperson locco made a motion to approve with staff comments, and Commissioner Greiner seconded. The vote was 4-0 for approval. U. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SUNRISE LAKE VILLAGE II Agenda-P&Z 09/19/05 Pana 11 of 16 PLANNING AND ZONING COMMISSION A request by Chris L. Hendrick, The Wilson Survey Group, Inc., for approval of a Preliminary Plat subdivision of 6.097 acres zoned General Business (GB) into two lots for commercial use. The plat is located on the north side of Broadway at the intersection of C.R. 90, and is described as follows: 6.097 acres in the John W. Maxey Survey, Abstract No. 721 in the City of Pearland, Brazoria County, Texas. Plat Administrator Keller stated there were no outstanding items. Commissioner Greiner made the motion to approve, and Vice-Chairperson locco seconded. Commissioner West had a concern with whether this plat was a Preliminary or a Final Plat. There was some discussion of the Plats in the Commissioners binders, and Mr. Keller stated that this was a Preliminary. The vote was 4-0 for approval. V. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF HIGHLAND GLEN SECTION THREE A request by C.L. Davis for Beazer Homes, owner, for approval of a Preliminary Plat subdivision of 36.471 acres into 30 residential lots, with four reserves of 22.860 acres for landscaping and detention. The plat is located on the east side of Pearland Parkway in the Lakes at Highland Glen Planned Unit Development, and is described as follows: 36.471 acres out of the D.H.M. Hunter Survey, Abstract No. 76 and Lot 30, Walcott's Pearland Subdivision (Vol. 35, Pg. 2241 & 242 B.C.D.R.), City of Pearland, Brazoria County, Texas. Plat Administrator Keller stated there was only one outstanding item regarding the easements for sidewalks. Chairperson Sandars made the motion to approve for discussion, and Commissioner West seconded. The vote was 4-0 for approval. W. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF HIGHLAND GLEN SECTION ELEVEN A request by C.L. Davis for Beazer Homes, owner, for approval of a Preliminary Plat subdivision of 39.852 acres into 38 residential lots, with three reserves of 24.146 acres for landscaping and detention. The plat is located on the east side of Pearland Parkway in the Lakes at Highland Glen PUD, and is described as follows: Agenda-P&Z 09/19/05 Page 12 of 16 PLANNING AND ZONING COMMISSION 39.852 acres out of the D.H.M. Hunter Survey, Abstract No. 76 and Lots 30, 31, 32, 39 and 40, Walcott's Pearland Subdivision (Vol. 35, Pg. 241 & 242 B.C.D.R.), City of Pearland, Brazoria County, Texas. Plat Administrator Keller stated he had no comments. Vice-Chairperson locco made a motion to approve, and Commissioner Greiner seconded. The vote was 4-0 for approval. X. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF HIGHLAND GLEN SECTION TWELVE A request by C.L. Davis for Beazer Homes, owner, for approval of a Preliminary Plat subdivision of 46.619 acres into 58 residential lots, with six reserves of 23.566 acres for landscaping and detention. The plat is located on the east side of Pearland Parkway in the Lakes at Highland Glen PUD, and is described as follows: 46.619 acres out of the D.H.M. Hunter Survey, Abstract No. 76, City of Pearland, Brazoria County, Texas. Plat Administrator Keller stated he had no comments. Vice-Chairperson locco made a motion to approve, and Commissioner Greiner seconded. The vote was 4-0 for approval. Y. CONSIDERATION & POSSIBLE ACTION — REQUEST BY C.L. DAVIS FOR A VARIANCE TO SECTION 27-4(B)(2)(b) BLOCK LENGTH REQUIREMENTS OF THE SUBDIVISION ORDINANCE FOR LAKES AT HIGHLAND GLEN SECTIONS ELEVEN AND TWELVE C.L. Davis is requesting a variance to block length restrictions to permit block lengths longer than the maximum allowed 1200 feet in Lakes at Highland Glen Sections Eleven and Twelve. Plat Administrator Keller introduced Mr. Chuck Davis, the Surveyor on the project. He stated they were requesting a variance to block length restrictions to permit block lengths longer than the maximum allowed 1200 feet in Lakes of Highland Glen Section 11 & 12. The two specific streets are Laurel Leaf Lane in Section 12, and Bent Lake Drive in Section 11. Agenda-P82 09/19/05 PLANNING AND ZONING COMMISSION Chairperson Sandars asked staff for recommendations. Mr. Keller stated he was the one to detect the streets were incorrect and in turn pointed it out to Mr. Davis. Greg Coleman with Beazer Homes asked to speak. He stated their concerns were the two specific streets only. There was much discussion between Commissioners and Staff. Mr.Finan suggested that the Commissioners approve with the condition that we get in writing from the Fire Marshal and City Engineer their comments. Commissioner West made the motion to approve w/letters from the Fire Marshal and City Engineer, and as a Hardship of the faults. Vice-Chairperson locco seconded. The vote was 4-0 for approval. Z. Remove From Table CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE PERMIT APPLICATION NO. 152 Vice-Chairperson locco made the motion to remove from the table, and Commissioner Greiner seconded. The vote was 4-0 for approval. AA. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE PERMIT APPLICATION NO. 152 A request by Architectural Group International (AGI), applicant for The Home Depot, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for "Outside Display, Storage, and Sale of Merchandise and Equipment" in the Commercial District (C), on the following described property, to wit: Legal Description: 10.8757 acres of land, Restricted Reserve "A" out of the Final Plat of Home Depot U.S.A, Inc. Subdivision, a subdivision containing 14.6536 acres of land situated in the W.D.C. Hall Survey, Abstract 70, George W. Jenkins Subdivision, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of FM 518 (Broadway Adak Street), and on the East Side of Dixie Farm Road Agenda-P&Z 09/19/05 Page 14 of 16 PLANNING AND ZONING COMMISSION Planning Director Krishnarao presented the Specific Use Permit request. She stated that they are grandfathered under the old plan. Home Depot wanted more storage area to display their sheds. There was much discussion between Commissioners/Staff/and Deputy City Attorney. Vice-Chairperson locco made a motion to approve for second discussion, and Commissioner West seconded. There was more discussion. Ms. Krishnarao read the staffs recommendations. Chairperson Sandars made the motion to accept with landscaping being opaque, and Commissioner West seconded. Mr. Finan stated the motion had to be amended. Chairperson Sandars called for a vote to amend the motion to make the landscaping opaque. The vote was 4-0 for approval. AiMb.. Chairperson Sandars called for the vote to accept the plan. The vote was 3-1 for approval. Vice-Chairperson locco opposed. BB. CONSIDERATION & POSSIBLE ACTION — CAPITAL IMPROVEMENTS PLAN FISCAL YEAR 2006 Vice-Chairperson locco made a motion to approve, and Commissioner West seconded. There was minimal discussion from Commissioner Greiner and Deputy City Attorney Doan. The vote was 4-0 for approval. IV. ADJOURNMENT Vice-Chairperson locco made a motion to adjourn the meeting, and Commissioner West seconded. The meeting was adjourned at 11:20 p.m. Agenda-P&Z 09/19/05 Paae 15 of 16 PLANNING AND ZONING COMMISSION iI Judy Krajca, Planning dr>'iinistrative Secretary Minutes approved as submitted and/or corrected on the 21st day of November, 2005 Ruby Sandars Planning & toning Commission Chairperson Amok Agenda-P&Z 09/19/05 Page 16 of 16