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2014-11-17 PLANNING AND ZONING COMMISSION MEETING AGENDA AGENDA - REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, NOVEMBER 17, 2014, AT 7:00 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER II. CONSENT AGENDA All items listed under the "Consent Agenda" are considered to be routine and require little or no deliberation by the P&Z Commission. These items will be enacted / approved by one motion unless a commissioner requests separate action on an item, in which event the item will be removed from the Consent Agenda and considered by separate action (ix. Matters removed from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation. A. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSED ABSENCES 1. Approve the Minutes of the October 20, 2014 P&Z Regular Meeting, held at 6:30 p.m. 2. Excuse the Absence of Linda Cowles and Ginger McFadden from the October 20, 2014 P&Z Regular meeting. B. CONSIDERATION AND POSSIBLE ACTION — REPLAT OF SHADOW CREEK RANCH — SF 57 Decision A request by Rene Rodriguez, from LJA, applicant, on behalf of 741 SCR, Date LTD, owner, for approval of a Replat of Shadow Creek Ranch - SF 57, a 94 11/21/14 lot residential subdivision on 23,470 acres of land, to wit: Legal Description: A subdivision of 23.470 acres of land situated in the F. Hooper Survey, Abstract 198 and the H.T.& B.R.R. Co. Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas, same being a Partial Replat of Shadow Creek Ranch SF-57, a subdivision recorded in Plat No. 20060296, Plat Records of Fort Bend County, Texas. General Location: Located at the northeast corner of Windward Bay Drive and Broadway Street. C. CONSIDERATION AND POSSIBLE ACTION — REPLAT OF SHADOW Decision CREEK RANCH — SF 58 Date 11/21/14 A request by Rene Rodriguez, from LJA, applicant; on behalf of 741 SCR, P&Z Regular Meeting Agenda November 17, 2014 Page 1 of 6 LTD, owner; for approval of a Replat of Shadow Creek Ranch - SF 58, a 54 lot residential subdivision located on 12.975 acres of land, to wit: Legal Description: A subdivision of 12.975 acres of land situated in the H.T. & B.R.R. Company Survey, Section 83, Abstract 761 , City of Pearland, Fort Bend County, Texas, same being a Partial Replat of Shadow Creek Ranch SF-58, a subdivision recorded in Plat No. 20060297, Plat Records of Fort Bend County, Texas. General Location: Located on the south side of Windward Bay Drive north of Shadow Ridge. D. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF HIGHLAND PARK Decision A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of Date Beazer Homes Texas, LP, owner; for approval of a Preliminary Plat of 11/21/14 Highland Park, a 56 lot subdivision on 19.445 acres of land, to wit: Legal Description: A subdivision of land containing 19.455 acres of land situated in the H.T. & B.R.R. Co. Survey, Section 1, Abstract 233, and the D.H.M. Hunter Survey Abstract 76, City of Pearland Texas, County of Brazoria, Texas. General Location: Generally located at the intersection of Old Alvin Rd. and Highland Park Dr. E. FINAL PLAT OF HIGHLAND CROSSING SECTION 4 Decision A request by Geoff Freeman of BGE Kerry Gilbert and Associates, applicant, Date on behalf of Beazer Homes, owner for approval of the Preliminary Plat of 11/21/14 Highland Crossing Section 4, a 34 lot single family subdivision on 14.8 acres of land generally located 1000 feet northeast from the intersection of McHard Rd. and Old Alvin Rd. to wit: Legal Description: Being 14.8 acres of land out of the H.T. &B.R.R. Co. Survey, A-233 and D.H.M. Hunter Survey, A-76 City of Pearland. Brazoria County, Texas. General Location: Approximately 1000 feet northeast from the intersection of McHard Rd. and Old Alvin Rd. III. MATTERS REMOVED FROM CONSENT AGENDA IV. OLD BUSINESS — NONE (ITEMS POSTPONED TO JANUARY 30, 2015) P&Z Regular Meeting Agenda November 17, 2014 Page 2 of 6 A. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2014-09 POSTONED A request of BGE Kerry R. Gilbert & Associates, applicant; on behalf of UNTIL George Fishman, owner; for approval of a Conditional Use Permit to allow JANUARY for a Nursing/Convalescent Home within the Business Park — 288 (BP-288) 30, 2015 zoning district, on approximately 9.4 acres of land, to wit: Legal Description: Being a 9.4083 tract of land located in the H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract being all of a called 3.39 acre tract of land recorded in the name of George D. and Mary Fishman in Clerk's File Number 2005061002 of the Official Records of Brazoria County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of land (North 3.3 acres) recorded in the name of George D. and Mary Fishman in Clerk's File Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3 acre tract of land (South 3.3 acres) recorded in the name of George D. and Mary Fishman in Clerk's File Number 97-010496 of the O.R.B.C. General Location: West side of Business Center Drive, south of Pearland Town Center, Pearland, TX B. CONSIDERATION AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE 2014-05 POSTONED A request by Luther Daly of Costello, Inc., applicant; on behalf of George and UNTIL Mary Fishman, owner; for approval of a Planning and Zoning Variance to JANUARY 30, 2015 allow for a flag lot within the existing Business Park 288 (BP-288) zoning district on 9.4083 acres of land, to wit: Legal Description: A subdivision of 9.4083 acres of land located in the H.T.& B.R.R. Company Survey, Abstract 300, Brazoria County, Texas. General Location: Located on the west side of Business Center Drive, south of Pearland Town Center. V. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2014-19Z A request of Chad Thumann, applicant; on behalf of Wayne Thumann, owner; for approval of a change in zoning from the General Commercial (GC) and General Business (GB) zoning districts to the General Business (GB) and Single Family - 1 (R-1) zoning districts; on approximately 2.734 acres of land, to wit: P&Z Regular Meeting Agenda November 1-/, 2014 Page 3 of 6 Legal Description: Being 1 .385 acres of land out of called 14.0513 acres of land, said 14.135 being all of Lots 9 and 12 and Part of Lot 7 of partition of the East 1/2 of Northwest 1/4 of Section 15, HT&B RR Co. Survey, A-241 , Brazoria County, Texas and being the South 183.60 feet of Lot 8, and a portion of Lot 7 out of a called 14.0513 acre tract being all of Lots 9 and 12 and Part of Lot 7 of partition of the East 1/2 of Northwest 1/4 of Section 15, HT&B RR Co. Survey, A-241 , Brazoria County, Texas. According to the Plat recorded in Vol. 441, Page 265 of the Deed Records of Brazoria County, Texas General Location: 6906 Broadway Street, Pearland, TX B. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2014-20Z A request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of CL Ashton Woods, LP., owner; for approval of a change in zoning to amend the Southern Trails Planned Development (PD), from an overlay zoning district which allows for Civic/Church uses to General Business (GB) uses; on approximately 0.9 acres of land of the total 522.62 acres, to wit: Legal Description: A certain parcel of ground together with all the buildings and improvements being a portion of No. 2 Southern Trails Commercial No. 1, H.T. and B.R.R. Company Survey, Section 84, A-538, City of Pearland, Brazoria County, Texas General Location: South side of Broadway Street, between Windward Bay Drive to the west and Kinglsey Drive to the east, Pearland, TX C. CONSIDERATION AND POSSIBLE ACTION — LONGVIEW CLUSTER DEVELOPMENT PLAN A request by Jonathan Woodruff of DR Horton, applicant; on behalf of Assan Tran, owner; for approval of a Cluster Development Plan, on a 9.56 acre tract of land, for a single-family residential subdivision, to wit: Legal Description: Being a 9.560 acre tract in the W.D.C. Hall League, Abstract No. 70, Brazoria County, Texas. Said tract is a part of Lot 15 of the Geo. W. Jenkins Subdivision as recorded in Volume 657, Page 616-617 of the Brazoria County Map Records and is further described in deeds to W. O. Forrest and Mary Evelyn Forrest as recorded in Volume 657, Page 275 and Volume 694, Page 401 of the Brazoria County Deed Records. General Location: Northwest corner of Dixie Farm Road and Forrest Lane Drive. P&Z Regular Meeting Agenda November 17, 2014 Page 4 of 6 D. CONSIDERATION AND POSSIBLE ACTION — INDEPENDENCE PLACE CLUSTER DEVELOPMENT PLAN A request by Jonathan Woodruff of DR Horton, applicant; on behalf of Matt Pasternak, owner; for approval of a Cluster Development Plan, on a 8.64 acre tract of land, for a single-family residential subdivision, to wit: Legal Description: Being a 4.818 acre tract of land, located in the T.D. Yocum Survey, A-399, Brazoria County, Texas, out of 35.8 acre tract described as Second Tract, in the deed from Rose S. Settegast and Julius J. Settegast Jr. to Aaron Pasternak, Trustee, as described under Volume 1023, Page 297, in the County Clerk's Records of Brazoria County, Texas, and; Being a 3.806 acre tract of land, located in the W.D.C. Hall Survey, A-70, Brazoria County, Texas, out of 297.58 acre tract described as First Tract, in the deed from Rose S. Settegast, and Julius J. Settegast Jr. to Aaron Pasternak, Trustee, as described under Volume 1023, Page 297, in the County Clerk's Records of Brazoria County, Texas General Location: Northwest corner of Liberty Drive and John Lizer Road. E. CONSIDERATION AND POSSIBLE ACTION — VARIANCE. 2014-06 A request by Green Hollow Ltd., applicant; and owner; for approval of a Planning and Zoning Variance to allow for a total of 62 residential lots with one means of vehicular access where 2 means of vehicular access is required within the existing Single Family — 4 (R-4) zoning district on 16.26 acres of land., on the following described property: General Location: Located at the 1300 Block of Broadway Street. F. DISCUSSION ITEMS 1. Commissioners Activity Report 2. Comprehensive Plan Update 3. Next P&Z Meeting, December 1 , 2014 — Regular Meeting and Staff Training VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. P&Z Regular Meeting Agenda November 17, 2014 Page 5 of 6 I, Jennifer Tatum, Office Assistant of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general public at City Hall on the 13th day of November 2014, A.D., at 5:30 p.m. ALWA t, \ Jennifer Tatum, Office Assistant Agenda removed day of November, 2014. P&Z Regular Meeting Agenda November 17, 2014 Page 6 of 6