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2005-01-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES PLArP1PG F, ZO1'11-'G COMMISSIO0 MINUTES OF A REGULAR MEETING FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 17, 2005, AT 6.30 P.M , IN THE FIRST FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 9:00 p m with the following present: P & Z Chairperson Ruby Sandars P & Z Commissioner Sheryl Greiner P & Z Commissioner David Ransom P &Z Commissioner Joe McWhorter P &Z Corn missioner.Peter Dumont P & Z Commissioner Neil West Absent was Vice Chairman Todd locco Also in attendance. Executive Director of Community Services Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller, Planner 1 Diana DuCroz, Deputy City Attorney Nghiem Doan and Planning Administrative Secretary Melisa Durham I APPROVAL OF MINUTES—OCTOBER 18, 2004 AND NOVEMBER 1, 2004 Commissioner Ransom made a motion to accept the minutes as printed, seconded by Commissioner Dumont. Motion passed 6 — 0, with Commissioner locco absent. II NEW BUSINESS Executive Director of Community Services Nick Finan requested that the last item on the Agenda, Adoption of International Building Codes, be moved to first on the Agenda. With no objection, Chairman Sandars proceeded with the Agenda change A. CONSIDERATION & POSSIBLE ACTION - Adoption of International Building Codes Executive Director of Community Services Nick Finan made a presentation of the benefit of international building codes, and an explanation of the different type of building codes. It is requested that the Commission approve the 2003 IBC series of codes, instead of the 2000 series, and also the International Plumbing Code Commissioner West made a motion to approve the 2003 IBC codes for building, fire safety, plumbing and gas, with Commissioner Greiner seconding Discussion ensued regarding the difference in the 2000 and 2003 codes, with clarification offered by Director of Inspection Services Kola Olayiwola. Motion passed 6-0, with Commissioner locco absent. Minutes-JPH 1/17/05 Page 1 of 9 PLAI 'rIrG F ZOI 'IrG COMMISSION' B. CONSIDERATION & POSSIBLE ACTION — Land Use and Urban Development Ordinance Text Amendment A request by the City of Pearland, for an amendment to the Land Use and Urban Development Ordinance of said City, to consider an amendment to Chapter 24 Signs, of Ordinance No 509, to add Section 24 21 Exemption for Scoreboards. Commissioner Greiner made a motion to approve Commissioner McWhorter seconded. Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner Iocco absent. C CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1202 A request by Larry and Ladonna Randle,owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R-E), on the following described property, to wit: Legal Description 2.488 acres of land out of Lot 5, Hickory Place Subdivision, Abstract 310, H T & B R.R. Company Survey, as recorded in Volume 18, Page 333, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (generally located South of Hughes Ranch Road (CR 403), and on the East Side of Bryan Court) Commissioner Greiner made a motion to approve Commissioner Ransom seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner Iocco absent. D CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1205 A request by Fernando Pena, owner, 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 Lot 22-B, Sharondale Subdivision, Abstract 546, H T & B R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located at 6305 Sharondale Street) Commissioner Greiner made a motion to approve. Commissioner Ransom seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner Iocco absent. Minutes-JPH 1/17/05 Page 2 of 9 PLAPR'IR'G F ZOPIPG COMMISCIOF' E. CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1209 A request by Doug Minkoff, owner, 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 Lot 10, Block 1, of Colonial Estates Subdivision, Abstract 509, H T & B R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the West Side of McLean Road, and North of Colonial Drive) Commissioner Greiner made a motion to approve Commissioner Ransom seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. F CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1203 A request by Jan Carrico, applicant for George Ran on behalf of Hattie Mae Wood, Virgle Wood Hawk, Beatrice Wood Theriot, Leslie Gordon Liere, and Richard Douglas Liere, owners, 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 15 0832 acres of land, being all of Lot 60 of the Allison Richey Gulf Coast Home Company Subdivision, Section 85, Abstract 304, H T & B R.R. Company Survey, recorded in Volume 2, Page 107 of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas (generally located on the North Side of FM 518 (Broadway Street), and on the West Side of County Road 90 (Hooks Road)) Commissioner Greiner made a motion to approve Commissioner Ransom seconded with discussion Discussion ensued regarding curb cuts and the frequency of drive openings on FM 518 Planning Director Lata Krishnarao offered clarification of the city's requirements regarding driveways, easements and the completion of Hooks Road Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. G CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1204 A request by Andrew and Kathryn Shaw, owners, 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 40 acres of land, out of Tract 54, F B Drake Subdivision, Abstract 506, H T & B R.R. Company Survey, City of Pearland, Brazoria County, Texas Minutes-JPH 1/17/95 Page 3 of 9 PLAt't'II''G COMMISSIOr (generally located on the West Side of Cullen Boulevard, and South of Hughes Ranch Road (CR 403)) Commissioner Ransom made a motion to approve for discussion Commissioner Dumont seconded. Discussion ensued, the main theme being that this zoning change would not be in line with the intention of the mixed-use district. Clarification of the mixed-use zoning intentions and guidelines would be helpful to existing and incoming businesses. Voting "Aye" None Voting "No" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Motion failed 0-6, with Commissioner locco absent. H CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1208 A request by Joe McElya, applicant for Beeman Strong, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-2) to General Business District (GB), on the following described property, to wit: Legal Description 7 5424 acres of land in the Thomas Greene Survey, Abstract 198, City of Pearland, Brazoria County, Texas (generally located on the West Side of Pearland Parkway, and South of Barry Rose Road) Commissioner Ransom made a motion to approve Commissioner West seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. CONSIDERATION & POSSIBLE ACTION - Specific Use Permit Application No. 139 A request by Richard Laughlin, applicant for Virgil Gant and Deborah Gant — DBA Circle Plaza, owners, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for an Unscheduled/New Business Service Use, in the Neighborhood Service District (NS)(S)), on the following described property, to wit: Legal Description Lot 1 and 2, Block 2, of Creekview No 2, City of Pearland, Brazoria County, Texas (generally located at 2206 E. Broadway) Commissioner Ransom made a motion to approve Commissioner Ransom seconded Discussion ensued regarding how "specific Use" would be worded Executive Director of Community Services Nick Finan offered clarification regarding the classification of manufacturing and fabricating Chairman Sandars recommended that Mr Doan should word the specific use permit to state that it is not for the manufacturing of signs but only for printing Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. Minutes-JPH 1/17/05 Page 4 of 9 PLAF'I 'IF'G ZOI 'IF'G COMMISCIOR' J CONSIDERATION & POSSIBLE ACTION -Zone Change Application No. 1206 A request Merlin G Hoiseth, applicant for Reactor Services International, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Light Industrial District (M- 1), on the following described property, to wit: Legal Description. 6 00 acres, being part of and out of Lot 178, Zychlinski Subdivision of Section 28, H T & B R.R. Company Survey, Abstract 551 (G C Smith Survey), City of Pearland, Brazoria County, Texas (generally located at 4430 Dixie Farm Road) Commissioner Greiner made a motion to approve Commissioner Ransom seconded Discussion ensued regarding this property not being zoned since annexation many years before, how the rental warehouses are controlled, and changes in occupancy Executive Director of Community Services Nick Finan offered clarification as to what is allowed by the M-1 zone Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. K. CONSIDERATION & POSSIBLE ACTION — Vacation of Plat for La Paloma Subdivision, being all property within the plat of La Paloma, a subdivision of 16 1964 acres as recorded in Volume 24, Page 42, and County Clerk's file no 03062508, W D C Hall Survey, Abstract 70, City of Pearland, Brazoria County, Texas Plans & Plat Administrator Richard Keller stated that an error was made a few years ago on the original La Paloma lot restricting the side access on corner lots, and that the only way to correct the error is to vacate the original plat and approve the corrected plat. Commissioner Ransom made a motion to approve vacation of the original plat. Commissioner McWhorter seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. L. CONSIDERATION & POSSIBLE ACTION - Final Plat of La Paloma, a subdivision of 16 1964 acres situated in the W D C Hall Survey, Abstract 70, City of Pearland, Brazoria County, Texas. Plans & Plat Administrator Richard Keller explained that this corrected plat removes the restriction of side access on corner lots. Commissioner Ransom made a motion to approve Commissioner McWhorter seconded Discussion ensued about the process of preliminary plats and final plats, and clarification of side access on corner lots as requested by Commissioner Greiner Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Minutes-JPH 1/17/05 Page 5 of 9 PLAIrN'IN'G F ZOI 'IN'G COMMISSION' Motion passed 6-0, with Commissioner locco absent. NI CONSIDERATION & POSSIBLE ACTION — Partial Amending Plat of Lot 8B of Hickory Place Subdivision, a subdivision of 1 6053 acres of land out of and part of Lot 8, Hickory Place Subdivision, Volume 18, Pages 333-334 of the H T & B R.R. Co Survey, Abstract 310, City of Pearland, Brazoria County, Texas. Plans & Plat Administrator Richard Keller presented the staff report and explained that this partial plat formally plats lot 8B at this time, whereas 8A was platted at an earlier date. There are no outstanding issues. Commissioner Ransom made a motion to approve Commissioner McWhorter seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. N CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Terra Nostra Estates, 0 9998 acres of land out of Lot 21 of the Allison Richey Gulf Coast Home Company Subdivision of Section 20, Volume 2, Page 24, H T & B R.R. Co Survey A- 506, City of Pearland, Brazoria County, Texas. Plans & Plat Administrator Richard Keller presented the staff report. There are no outstanding issues. Commissioner Ransom made a motion to approve Commissioner Greiner seconded. Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. O. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch Entrance Reserves, 0 880 acres being out of the H T & B R.R. Co Survey, Section 83, Abstract 305, the H T & B R.R. Company Survey, Section 82, Abstract 565, the T C R.R. Company Survey, Section 3, Abstract 678, and the T C R.R. Company Survey, Section 4, Abstract 675, City of Pearland, Brazoria County, Texas Plans & Plat Administrator Richard Keller presented the staff report. There are no outstanding issues. Commissioner Ransom made a motion to approve Commissioner McWhorter seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. Minutes-JPH 1/17/05 Page 6 of 9 PLAN'N'IN% F ZOI'1N'G COMMISSION' P CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch Recreation Center No. 4, 2 377 acres being out of the S G. Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas Plans & Plat Administrator Richard Keller presented the staff report. The date was left off the plat. There are no other outstanding issues Commissioner Greiner made a motion to approve with staffs recommended changes Commissioner Ransom seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. Q. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Ranch SF-49, 30 606 acres being out of the George MacDonald Survey, Abstract 557, and H T & B R.R. Company Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas. Plans & Plat Administrator Richard Keller presented the staff report. There are no outstanding issues Commissioner Greiner made a motion to approve Commissioner McWhorter seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. R. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of The Villages of Towne Lake, a subdivision of 28 4162 acres of land in the W Zychlinski Subdivision, Volume 29, Page 90 of the Brazoria County Deed Records, Section 28, H T & B R.R. Co Survey A-551, City of Pearland, Brazoria County, Texas. Plans & Plat Administrator Richard Keller presented the staff report. There are no outstanding items, but there are some recommended conditions of approval for the final plat. Commissioner West made a motion to approve with the staff recommendations. Commissioner McWhorter seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. S CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of The McGuire House being 3 1940 acres (139,129 s.f) of land located in the H T & B R.R. Company Survey, Abstract 546, City of Pearland, Brazoria County, Texas. Variance Request regarding construction of a 4-foot sidewalk for the McGuire House subdivision. Minutes-JPH 1/17/05 Page 7 of 9 PLANNING & ZONING COMMISSION Plans & Plat Administrator Richard Keller presented the staff report for the variance request and the plat. This is a one-lot extension of an existing subdivision on a dead- end street. The existing subdivision has ditches without sidewalks, so this variance request is consistent with the subdivision Chairman Sandars read the variance application from the owner Discussion ensued regarding the Commission's hearing and action on variances Deputy City Attorney Nghiem Doan gave clarification of the Commission's responsibility on variances He instructed to make a motion to approve the plat with the variance or to approve the plat without the variance Commissioner West made a motion to approve the plat with the variance Commissioner McWhorter seconded Further discussion ensued regarding whether the owner would have to pay into a sidewalk fund if the variance is denied, and the implication of the Commission approving or denying variances. Plans & Plat Administrator Richard Keller has a few conditions of approval regarding the drainage on the final plat. Voting "Aye" for the plat with the variance was None Voting "No" for the plat with the variance were Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Motion to approve the plat with the variance failed 0-6 Motion to approve the plat with staff recommendations and no variance was made by Commissioner Ransom Commissioner Greiner seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None. Motion to approve the plat with staff recommendations without the variance passed 6- 0, with Commissioner locco absent. T CONSIDERATION & POSSIBLE ACTION — Final Plat of Silver Pear 518 Business Park, 6 0917 acres of land (0 5921 acres in roads) out of Lot 44 and 45 of the Allison Richey Gulf Coast Home Company Subdivision, Section 20, H T & B R.R. Co Survey, Abstract 506, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 23 of the plat records of City of Pearland, Brazoria County, Texas. Plans & Plat Administrator Richard Keller presented the staff report. There are no outstanding items Commissioner McWhorter made a motion to approve Commissioner Dumont seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. U CONSIDERATION & POSSIBLE ACTION - Final Plat of Oakbrook Estates Section Six, a subdivision of 32.0129 acres in the W D C Hall League, Abstract 70, Brazoria County Mud 17, City of Pearland, Brazoria County, Texas. Minutes-JPH 1/17/05 Page 8 of 9 PLANNING & ZONING COMMISSION Plans & Plat Administrator Richard Keller presented the staff report. There are a few outstanding items, which are the 1% inspection fee and the approved construction drawings. Commissioner Ransom made a motion to approve with the staff recommendations Commissioner Greiner seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. V CONSIDERATION & POSSIBLE ACTION — Final plat of Orchard Plaza, being a subdivision of 6.7430 acres in the H.T & B.R.R. Company Survey, Section 19, Abstract 234, City of Pearland, Brazoria County, Texas. Plans & Plat Administrator Richard Keller presented the staff report. There are no outstanding items. Commissioner Ransom made a motion to approve Commissioner McWhorter seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0, with Commissioner locco absent. III NEXT MEETING DATES February 7, 2005 — Regular P &Z February 21, 2005—JPH & Regular P &Z IV Executive Director of Community Services Nick Finan introduced the newest Planning Department member, Planner 1 Diana DuCroz. V ADJOURNMENT Commissioner Greiner made a motion to adjourn Commissioner Ransom seconded Voting "Aye" Commissioners Sandars, McWhorter, Dumont, Ransom, Greiner and West. Voting "No" None Motion passed 6-0 These minutes are respectfully submitted by fatAniaLiv-i Melisa Durham,Planning Administrative Secretary M' utes approved as su matted and/or corrected on this day of `/ � ,2005 Ru y Sanda Planning& onmg Commission Chairperson Minutes-JPH 1/17/05 Page 9 of 9