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2005-05-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES PLAN'N'1N'G F. ZOI'IN'G COMMISSION' MINUTES t REGULAR MEETING CITY OF PEARLAND PLANNING AND ZONING COMMISSION MAY 16, 2005 AT 6.30 P M SECOND FLOOR CONFERENCE ROOM CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TX I. CALL TO ORDER The Regular Meeting was called to order at 8 41 pm with the following present: P &Z Chairperson Ruby Sandars P &Z Vice Chairman Todd locco P &Z Commissioner David Ransom P &Z Commissioner Neil West P &Z Commissioner Sheryl Greiner P &Z Commissioner Peter Dumont 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 and Engineering Administrative Secretary Betty Foreman II. APPROVAL OF MINUTES. May 2, 2005— Regular Meeting Commissioner Ransom made a motion to approve the minutes as presented, and Vice Chairman locco seconded. Minutes were approved 6-0 III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1228 A request by Gladys Dian Lane, 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 12, Section 3, of Garden Acres Subdivision, Abstract 219, H. T & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas. Generally Located at 2539 Thelma Drive Commissioner Ransom made a motion to approve, and Commissioner Greiner seconded. Vote was 6-0 for approval Minutes—P&Z 05/16/05 Page 1 of 10 PLAI�'I�'11�'G F, ZO11-'1F'G COMMISSIOr B. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION ( NO. 1229 A request by Sean Scot, 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 9H7 and 9H4, of Richland Acres Subdivision, an unrecorded subdivision, H T & B R.R. Company Survey, Abstract 509, City of Pearland, Brazoria County, Texas. Generally Located at 3801 Aubrell Drive. Commissioner Ransom made a motion to approve, and Commissioner Greiner seconded. The vote was 6-0 for approval ` C CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1230 A request by Edward M Polker, owner, for an amendment to the Land Use and Urban Development of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description. Lots 1,2,13, and 124, Block 2 of Cas Con Acres, Abstract 509, H T & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas. - General Location Located on the North Side of Orange Street, and East of State Highway ( 35(Main Street) Commissioner Greiner made a motion to approve, Commissioner Ransom seconded for purpose of discussion Vice Chairman locco asked if this had been brought before the commission before. Chairperson Sandars gave a brief history of this case Staff gave a history of the zoning cases in the area. Commissioner Greiner asked if there was a business currently being conducted, Planning Director Lata Krishnarao stated there were buildings there, which were non- conforming. Chairman Sandars explained that the applicant could continue to use the property as it stands, but will not be able to make improvements without a zone change The vote was 0-6. The Commissioners stated that the reason for denial is as stated in Staff's recommendations discussed during the Public Hearing D. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE PERMIT APPLICATION NO. 143 A request by Bobby Tran, applicant for Twin Oaks Business Park, owner, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for Minutes—P&Z 05/16/05 Page 2 of 10 PLANNING & ZONING COMMISSION Storage and Mini-Warehouse in the Commercial District (C (S)), on the following described property, to wit: Legal Description 2.5 acres, Tract 11-C, H T & B.R.R. Company survey, Section 2, Abstract 542, City of Pearland, Brazoria County, Texas. General Location. Located on the North Side of Orange Street, and East of State Highway 35 (Main Street) Commissioner Ransom made a motion to approve for purpose of discussion, Commissioner Dumont seconded. Commissioner Ransom asked the purpose of having mini warehouses to be approved by a Specific Use Permit, Deputy City Attorney Nghiem Doan stated that the change was initiated by Council for more control of where these mini storage warehouses are located. Vice Chairman locco stated that there a lot of mini storage warehouses were coming forward and Council wanted to slow it down Commissioner Ransom asked if Staff had considered if this would be changed to residential. Planning Director Lata Krishnarao stated that had not been considered. A decision would be addressed after Council adopts the Old Townsite plan. Vice Chairman locco stated that he could not support this because of the amount of traffic that would be initiated, and he cannot support a 24-hour access of mini storage. Commissioner West feels that this is not suitable for the area. The vote was 1-5, Motion failed. Commission Ransom voted in favor The Commissioners stated that the reason for denial is as Staff's recommendations as discussed in the Public Hearing E. CONSIDERATION & POSSIBLE ACTION — SPECIFC USE PERMIT APPLICATION NO. 144 A request by Office Realty Company, applicant for Pearland Storage Facility, L.0 , owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Storage and Mini-Warehouse in the Commercial District (C (S)), on the following described property, to wit: Legal Description 2.370 acre tract in the H T & B R.R. Company survey, Abstract 542, being part of the south one-half of Lot 58 of the W Zychliniski Subdivision, Section Two as recorded in Volume 29, Page 43 of the Brazoria County Deed Records, an is part of the remainder of the 9 6659 acre tract described in a deed to Pearland Storage Facility, L.0 , as recorded in Clerk's File Number 93-020900 of the Brazoria County Official Records, City of Pearland, Brazoria County Texas Located Generally Located on the East Side of State Highway 35 (Main Street), and on the North Side of Future McHard Road Commissioner Ransom made a motion to approve, Commissioner Greiner seconded Minutes—P&Z 05/16/05 Page 3 of 10 PLA.'.l1:IG F, ZO: 'I. 'G COMMISSION' Vice Chairman locco stated that he was in favor of this application because it was already an existing business and was on a major thoroughfare, which will accommodate the traffic Commissioner Greiner stated that Council member Marcott had a valid point, putting a mini storage warehouse in an M-1 zone is not the best use of the property Commissioner Greiner asked if this property is landlocked, Staff pointed out how the property is laid out. Commissioner Neil West asked if the existing building had a specific use permit, Staff stated that at the time the original building was constructed, a specific use permit was not required Chairperson Sandars asked if the commissioners could put restrictions regarding outside storage since this was being constructed near a major intersection Staff stated that could be included Commissioner Greiner asked about type of fencing to be used Ms. Greiner asked if there were any overlay district requirements Planning Director Krishnarao stated that there would be overlay requirements such as was required on Pearland Parkway, but only extends 300 ft. from road Jason Chapman, architect stated that the fencing would be chain link fencing Commissioner Dumont asked what type of fencing was currently being used, Mr Chapman stated that was no fencing except for some ornamental iron along the front of the property A discussion was held between the Commissioners and the owner regarding parking for office-warehouse portion Commissioner Greiner asked if this property would have to comply with the overlay district, Planning Director Krishnarao stated that the owner would have to comply Commissioner Greiner stated that she would like to see a condition to require compliance to the overlay requirements. , Commissioner Dumont stated that he was not in favor because of the chain link, and if that is not a part of the overlay, then he would like to see it added Chairperson Sandars amended the motion to meet the McHard overlay requirements, not outside storage, no Certificate of Occupancy will be issued until all requirements are met, and no chain link fence allowed along the South and East borders, put a black wrought iron fence along the South and East borders, and the Commissioners are not approving the site plan Minutes—P&Z 05/16/05 Page 4 of 10 PLAN'N'1N'G F, ZOI'IN'G COMMISSION' ( Vice Chairman locco made a motion to table, until a more complete report clarifying the McHard overlay and how it would affect the property, Commissioner Greiner seconded. The vote was 4-1-1, Commissioner Ransom voted against tabling, Commissioner West abstained F CONSIDERATION & POSSIBLE ACTION — MASTER THOROUGHFARE PLAN AMENDMENT A request by the City of Pearland, for an amendment to the Thoroughfare Plan of the City of Pearland Comprehensive Plan Vice Chairman locco made a motion to approve, Commissioner Ransom seconded. Planning Director Lata Krishnarao gave a report updating the Master Thoroughfare plan. The vote was 6-0 to approve G. CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF MEDELLIN ADDITION A request by Chuck Davis, C L. Davis & Co., for Charles and Hazel Medellin, for a Final Plat subdivision of 2.451 acres located in the E.T.J for 3 residential lots, ranging in size from 16,602 to 67,519 square feet. The property is located north of Shadow Creek Parkway, and is described as follows. Being 2.451 acres out of Lot 77 West Friendswood Subdivision, Perry & Austin League, A-111, (Vol 01, Pg 96 B C P R), Brazoria County, Texas. ITEM WAS PULLED FROM AGENDA Commissioner Dumont made a motion to move items P-S to the front of the agenda. Commissioner Ransom seconded. The vote was 4-1-1 Commissioner Greiner abstained, Chairperson Sandars against. P. CONSIDERATION & POSSIBLE ACTION — REMOVE FROM TABLE SPECIFIC USE PERMIT APPLICATION NO. 142 Commissioner Ransom made a motion to remove from table, Vice Chairman locco seconded. The vote was 6-0 for approval. Q. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE PERMIT APPLICATION NO. 142 Commissioner Ransom made a motion to approve, Commissioner West seconded Minutes—P&Z 05/16/05 Page 5 of 10 PLAN'N'IN'G F. ZON'IN'G COMMISSION' Senior Planner Theresa Grahmann stated that Wal-Mart submitted a revised plan showing the sidewalks, storage, landscaping items, and parking Staff feels comfortable with the revised plan Wal-Mart has not shown the large -storage containers. If the owner decides it needs the storage containers, they would have to ask for a Specific Use Permit. Planning Director Lata Krishnarao stated that the site plan has been accepted and a building permit has been issued, the owner needs to bring in an updated site plan for the files. Chairperson Sandars did thank Wal-Mart for taking the suggestions of the Commission and bringing a complete plan The vote 6-0 for approval R. CONSIDERATION & POSSIBLE ACTION — REMOVE FROM TABLE ZONE CHANGE APPLICATION NO. 1226 Vice Chairman Iocco made a motion to remove from table, Commissioner Greiner seconded The vote 6-0 for approval S. CONSIDERATION & POSSIBLE ACTION —ZONE CHANGE APPLICATION NO. 1226 Commissioner Dumont made a motion to approve for purpose of discussion, Commissioner West seconded Vice Chairman locco asked if the developer had taken up the recommendation from the Commission Planning Director Lata Krishnarao stated that addressed the Planning & Zoning concerns. There was discussion in regards to the concerns raised by the Commission and the improvements the developer has agreed to regard parking, driveway access, types of homes, landscaping issues. Upon review of the PUD, there was a sentence left out of the document as seen by the commissioners. Vice Chairman locco stated that he could not support this PUD since it was not complete The vote 5-1 for approval Vice Chairman locco voted against and his reason as stated this was not a complete document in his opinion Minutes—P&Z 05/16/05 Page 6 of 10 PLAN'N'IN'G F ZON'IN'G COMMISSION' Community Development Director Nick Finan asked that Item T be moved forward so that the City Attorney may give an update as he is involved with the Council workshop occurring downstairs. T. COMMISSION INPUT AND DISCUSSION — STAFF INITITATED ZONE CHANGES City Attorney Darrin Coker gave a brief rundown on Senate Bill 574 This bill has gone through the Senate and Governor Perry has signed Senate Bill 574, which is an amendment to Chapter 274 —Vested Rights Act. City Attorney Darrin Coker then gave an explanation of what Vested Rights are H. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW CREEK RANCH KINGSLEY DRIVE NORTH A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Right-of-Way Plat of 5 315 acres of land in Shadow Creek Ranch for Kingsley Drive This plat is located North of Shadow Creek Parkway, and is described as follows: 5.315 acres, being out of the S G Haynie Survey, Abstract 212, City of Pearland, Brazoria County, Texas, and the S G Haynie Survey, Abstract 362, City of Pearland, Harris County, Texas. Planner 1 Diana DuCroz presented the staff report. There were no outstanding items. Vice Chairman locco made a motion to approve, and Commissioner Ransom seconded. The vote was 6-0 for approval I. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW CREEK RANCH PORTION OF SPINNAKER BAY DRIVE A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Right-of-Way Plat of 5.997 acres of land in Shadow Creek Ranch for a portion of Spinnaker Bay Drive The Plat is located in the southwestern portion of the Shadow Creek Ranch PUD 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. Planner 1 Diana DuCroz presented the staff report. There were no outstanding items. Commissioner Ransom made a motion to approve, and Vice Chairman locco seconded The vote was 6-0 for approval Minutes—P&Z 05/16/05 Page 7 of 10 PLANNING & ZONING COMMISSION J. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF (l� SHADOW CREEK RANCH COMMERCIAL SITE NO. 16A A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Preliminary Plat of 2.500 acres of land in Shadow Creek Ranch for one lot for commercial use The plat is located on the north side of Shadow Creek Parkway at Business Center Drive, and is described as follows. 2 500 acres, being out of the T C R.R. Co Survey, Section 4, Abstract 675, City of Pearland, Fort Bend County, Texas Planner 1 Diana DuCroz gave the staff report. The only outstanding item was a provision is made for the right-of-way extension to extend Business Center Drive north from Shadow Creek Parkway Vice Chairman locco made a motion to approve with Staff's comments, Commissioner Ransom seconded The vote 6-0 for approval K. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF-45A A request by Jason R. Banda, LJA Engineering & Surveying, Inc for Pearland Investments, LLP, for approval of a Final Plat subdivision of 42.149 acres in Shadow Creek Ranch and zoned SCR-PUD R-6 for 98 residential lots, with 7 reserves of 21 478 acres for landscaping, open space, flood storage, and drainage The plat is located in the northwest corner of the Shadow Creek Ranch PUD, and is described as follows 42 149 acres, being out of the H Levering Survey, Abstract 279, the I C Stafford Survey, Abstract 668, the George Macdonald Survey, Abstract 557, and the S G Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas. Planner 1 Diana DuCroz gave the staff report. There were no outstanding items Vice Chairman locco made a motion to approve, Commissioner West seconded The vote 6-0 for approval L. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF-45 B A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investment, LLP, for approval of a Final Plat subdivision of 24.501 acres in Shadow Creek Ranch and zoned SCR-PUD R-6 for 112 residential lots, with 2 reserves of 0.381 acre for landscaping, open space, and drainage The plat is located in the northwest corner of Shadow Creek Ranch PUD, and is described as follows. Minutes—P&Z 05/16/05 Page 8 of 10 PLANNING & ZONING COMMISSION ( 24.501 acres, being out of the George MacDonald Survey, Abstract 557, the H. Levering Survey, Abstract 279, the I C Stafford Survey, Abstract 668, and the S.G Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas. Planner 1 Diana DuCroz gave the staff presentation. The only outstanding item is to add record SF-45A first, and add the recordation data to the mylar Vice Chairman locco made a motion to approve with Staff's comments, Commissioner West seconded The vote 6-0 for approval M. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT"OF SHADOW CREEK RANCH SF-45C A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 19 731 acres in Shadow Creek Ranch and zoned SCR PUD R-6 for 80 residential lots, with 3 reserves of 2.607 acres for landscaping and open space. The plat is located in the northwest corner of the Shadow Creek Ranch PUD, and is described as follows: 19 731 acres, being out of the H Levering Survey, Abstract 279 and I C Stafford Survey, Abstract 668, City of Pearland, Fort Bend County, Texas. Planner 1 Diana DuCroz gave a staff report. The only outstanding items are the adjoining plats for SF45A & SF45B should be recorded first and the recordation data added to the plat, and the W S.E. next to Clear Creek should be extended from 20 ft. to 30 ft. Vice Chairman locco made a motion to approve with Staff's comments, Commissioner West seconded. The vote 6-0 for approval N. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH SF-47 A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for Pearland Investments, LLP, for approval of a Final Plat subdivision of 30 488 acres in Shadow Creek Ranch and zoned SCR-PUD R-6 for 24 residential lots, with 7 reserves of 24 875 acres for landscaping, open space, flood storage, and drainage The plat is located in the northwest corner of the Shadow Creek Ranch PUD, and is described as follows. 30 488 acres, being out of the S G Haynie Survey, Abstract 212, City of Pearland, Brazoria County, and the S.G Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas. Planner 1 Diana DuCroz gave the staff report. The only outstanding item for this plat is the adjacent right of way plat for Trinity Bay Drive must be recorded first and added to the mylar Vice Chairman locco made a motion to approve with Staff's comments, Commissioner West seconded. Minutes—P&Z 05/16/05 Page 9 of 10 PLANNING & ZONING COMMISSION The vote 6-0 for approval O. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF PEARLAND CORNER PHASE TWO A request by Wayne Ausmus for approval of a Preliminary Plat subdivision of 1 7452 acres zoned Commercial (C) for one lot intended for commercial use The plat is located on the east side of Dixie Farm Road, north of Broadway, and is described as follows. A subdivision of 1 7452 acres in the W D C Hall League, Abstract No 70 in the City of Pearland, Brazoria County Texas Planner 1 Diana DuCroz gave the staff report. The only outstanding item is Omni Bank sign as a lien holder The vote 6-0 for approval Chairperson Sandars asked that Staff communicate with Young, the Planning & Zoning Commission use the Council Chambers after Joint Public Hearings This was the agreement with Council Planning Director Lata Krishnarao passed around a planning handbook for the Commissioners information Chairperson Sandars also let the Commissioners know that she is working with Staff in maybe only having one meeting per month, or having all the plats on one meeting and the Joint Public Hearings on another, Staff will be monitoring for the next several months to see what will work. II. NEXT MEETING DATES: June 6, 2005 — Regular P & Z June 20, 2005- Regular P&Z & JPH III. ADJOURNMENT The Regular Meeting adjourned at 9.46 p.m These minutes respectfully submitted by �r relt41414 . Betty Fri , Engineering Administrative Secretary Minutes approved as submitted and/or corrected on this `f!D day of ineki 2005 /c._th Ruby Sandars Plann ng&Zoning Commission Chairperson Minutes—P&Z 05/16/05 Page 10 of 10