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2005-06-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPLANNING & ZONING COMMISSION MINUTES REGULAR MEETING CITY OF PEARLAND PLANNING AND ZONING COMMISSION June 20, 2005 AT 6:30 P.M. CHAMBER COUNCIL CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TX I. CALL TO ORDER The Regular Meeting was called to order at 9:00 pm. with the following present: P & Z Chairperson Ruby Sandars P & Z Commissioner David Ransom P & Z Commissioner Neil West P & Z Commissioner Sheryl Greiner P & Z Commissioner Peter Dumont P & Z Commissioner Joe McWhorter 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 Judy Krajca. II. APPROVAL OF MINUTES: June 6, 2005 — Regular Meeting Commissioner Dumont made a motion to approve the minutes as presented, and Commissioner Greiner seconded. Minutes were approved 6-0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1232 A request by Mayra Palacios, owner, 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: 1.00 acres of land out of and a part of Lot 168 of the Zychlinski Subdivision in Section 27 of the H.T. & B.R.R. Company Survey, Abstract 308, 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: Located on the South Side of Keis Road, and East of Wells Drive Commissioner Dumont made a motion to approve, and Commissioner Greiner seconded. PLANNING & ZONING COMMISSION There was no discussion by the Commissioners/Staff. The vote was 6-0 for approval of the zone change. B. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1233 A request by Byron Stephen Sutherland, owner, 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: 0.5238 acres of land out of Lot 1 of the Allison Richey Gulf Coast Home Company Subdivision of Section 10, Tract 1 E, H.T. & B.R.R. Company Survey, Abstract 505, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Stone Road, and South of Brookside Road. Commissioner Greiner made a motion to approve for discussion, and Commissioner Ransom seconded. Applicant Steve Sutherland, owner of property, spoke how he built the business, how he became a licensed counselor, and how the outside of the building has been refurbished. Commissioner McWhorter asked if Mr. Sutherland lived in Pearland. Mr. Sutherland replied he did, but he also owned in Liverpool. He resides in both places. Commissioner Ransom questioned his type of counseling that he does. Mr. Sutherland replied it was more like a business office, and had a partner. Office and classes are housed there. Peggy Berrthal, resident at said property, and business partner with Mr. Sutherland also spoke. She stated they would be open to OP zoning. She understood the City wanted all residential in the area. She named several commercial and industrial types of businesses in the area. She submits that their business is perfect for NS. She stated they were an office space, with someone living at the residence, and they were promoting `live and work in Pearland'. Commissioner Dumont stated that the Commissioners have to think 10 years down the road with the vision of the property. Mr. Sutherland said he would like to refurbish the facade and build out office space, so that it would be impossible to revert to anything other than office space. Chairperson Sandars said it was their duty to zone the land, not the use, and concurred with what Commissioner Dumont said. PLANNING & ZONING COMMISSION Mr. Sutherland stated he needed a zone so that down the road he could resell the property. Chairman Sandars stated that this is their duty to look at this. Commissioner Dumont and Commissioner Ransom also commented on zoning of other properties in the area. Ms. Berthal had a question about Residential Low Density. She asked if density would change, and would it affect them. Chairperson Sandars said it probably would not. Senior Planner Theresa Grahmann stated that when the Planning Department did the Comprehensive Plan update last year, Stone Road was one of the roads they looked at because of the mix of uses. It was decided by the Comprehensive Plan Steering Committee and the Planning and Zoning Commission that there were not enough mixed uses to call it a mixed use area. Commissioner Ransom thanked Ms. Grahmann. Commissioner Dumont asked if it could be SD but apply Specific Use Permit to it, like in West Oaks. Planning Director Lata Krishnarao stated that their use was not listed as a specific use permit. Chairperson Sandars stated we must look at our overall plan and not spot rezoning. Mr. Sutherland presented a plea that this is his business and is his life. He would like to establish this business. Chairperson Sandars stated that the Board empathized and sympathized with his situation. Their job was to the use of the land. There was no further discussion. Chairperson Sandars called the vote. The vote was 0-6 for denial of the zone change. The Commissioners agreed the reasons for denial would be left the same as the staff's recommendation for denial. C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1231 A request by Mary Frances Lentz, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C), on the following described property, to wit: Legal Description: 20 acres, being Tract 61 and 62, Abstract 234, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Located on the West Side of Roy Road, and North of FM 518 (Broadway Street) Commissioner Greiner made a motion to approve for purpose of discussion, and Commissioner Ransom seconded. PLANNING & ZONING COMMISSION Commissioner Ransom had two questions regarding existing uses and those of the surrounding area. Discussion was minimal between Commissioner Ransom, Senior Planner Theresa Grahmann and Planning Director Lata Krishnarao, regarding adjacent properties. Commissioner Dumont stated that a Public Comment Form was received by Food Town, opposing this zone change. Food Town was not present to comment on their opposition. There were no other comments and no further discussion. The vote was 6-0 for approval of the zone change. D. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1234 A request by Kerry R. Gilbert and Associates, Inc. applicant for WCF Development, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Office and Professional District (OP) to Commercial District (C), on the following described property, to wit: Legal Description: 9.6167 acres of land being all of Lot 2 in Block 21, and 14.3755 acres of land being all of Lot 3 and a portion of Lot 4 in Block 20, and 4.6323 acres being out of a portion of Lot 1 in Block 20 and Lot 3 in Block 21, all situated in the T.C.R.R. Company Survey, Section 4, Abstract 675, of the Allison Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision, according to the plat thereof recorded in Volume 2, Page 99, of the Brazoria County Map Records, City of Pearland, Brazoria County, Texas General Location: Generally Located at the Northwest Corner of SH 288 and FM 518 (Broadway Street) Commissioner Ransom made a motion to approve for purpose of discussion, and Commissioner Greiner seconded. Commissioner McWhorter asked for clarity on the application and were these two applications or did it have to be voted one application as a whole. Senior Planner Theresa Grahmann stated that it came in as two applications, but because it was one large development, it was placed on the agenda as one application. She stated we could vote on it separately. Commissioner Greiner asked the applicant if this was possible. Mr. Fox stated no, but if he could not get it as two, and if the best he can get is the approval of one, with the other tabled, he guess that this would be best. Commissioner Ransom commented that the intent here is clear on what is wanted. We should zone this commercial with a 75 feet of buffer, and 25 feet landscaping like the applicant has already agreed to, and address the outside storage area. He also brought up the discussion of the original zoning of Commercial back in 2001. PLANNING & ZONING COMMISSION Chairman Sandars said she moved that this be tabled until the applicant comes back with a PUD document and reviewed. Mr. Fox stated the PUD would encompass the L- shaped property, with 75 feet strip of no build zone, 25 feet of landscape, and the rest would have all the rules, restrictions and applications that C would have. Commissioner McWhorter asked the applicant if he had any issues with the landscaping. Mr. Fox stated no. Chairperson Sandars asked if there was a second to table this. There continued to be much discussion regarding the 75 ft. buffer, the landscaping, and the storage area. It was determined that a PUD would be submitted to the Planning Department by the end of the week. Commissioner West seconded the motion to table this. The vote was 6-0 to table this until a scheduled special meeting was held on Monday, June 27, 2005. Chairperson Sandars thanked Mr. Fox. E. CONSIDERATION & POSSIBLE ACTION — SPECIFC USE PERMIT APPLICATION NO. 145 A request by Paul Marcaccio, applicant for West Oaks Homeowners Association, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for an Unscheduled/New Recreational Use, and more specifically, a subdivision homeowners association recreation center, in the Suburban Development District (SD(S)), on the following described property, to wit: Legal Description: 0.855 acres of land, Block 1, of the West Oaks Recreation Center Phase A, Abstract 241, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Located at 6601 Old Oaks Boulevard Commissioner Ransom made a motion to approve the motion for discussion, and Commissioner West seconded. No was no discussion by Commissioners/Staff. The vote was 6-0 for approval of the Specific Use Permit. PLANNING & ZONING COMMISSION F. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 146 A request by Edwards and Kelcey, applicant for Southwestern Bell Communications, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Telephone Exchange Switching Relay and Transmitting Equipment, in the Suburban Development District (SD(S)), on the following described property, to wit: Legal Description: 0.0413 acres of land out of Lot 22, Section 8, Abstract 504, Allison Richey Gulf Coast Home Company Subdivision, City of Pearland, Brazoria County, Texas General Location: Located at 2633 Roy Road Commissioner Greiner made a motion to approve the motion for discussion, and Commissioner Ransom seconded. Commissioner Dumont began discussion regarding the fencing and landscape facade and the noise at night. Chairperson Sandars asked if there needed to be consideration of a fence. There was much discussion regarding the type of fence. Chairperson Sandars asked if requirements needed to be placed on the fencing, landscaping and building fagade. There was much discussion again about the fence. Commissioner Ransom made the motion to amend the motion to apply GB Development Standards to other Specific Use Permit. Chairperson Sandars asked what this would do for them. There was further discussion. There was not a second to Commissioner Ransom's motion to amend; therefore, the amendment died for lack of seconding it. Chairperson Sandars brought up the discussion of type of fence. Commissioner Dumont stated a motion should be made to do a specific type of fence. Chairperson Sandars made an amendment that they provide masonry fence facing Roy Road, and the existing fence remain on the other side. Commissioner Dumont seconded the motion that the fence facing Roy Road would be masonry, and the existing fence would remain the same with landscaping around it. Discussion continued as the question came up that the fence is on the property line, and shrubbery/landscaping cannot be planted on land that is not theirs. Commissioner Dumont made the motion to reject the motion that was just made. Deputy Assistant Attorney stated that since this was already seconded, the motion had to be voted. The vote was 0-6 to deny the motion. Discussion continued about the fencing and landscaping. PLANNING & ZONING COMMISSION Planning Director suggested the staff go back to SBC and see what they can come back with. Discussion continued regarding the fence and gate. Commissioner Dumont made a motion to require a 100 percent perimeter masonry fence. Chairperson Sandars seconded the motion. The amendment was to have a 100 percent perimeter masonry fence with fence and gate 6 feet tall. The vote failed 2-4. Chairperson Sandars and Commissioner Dumont voted to approve, while Commissioners McWhorter, Greiner, Ransom and West voted to oppose. The Amendment was denied. Chairperson Sandars asked if anyone wished to comment on the 3 -levels/ 3 things staff suggested. Commissioner McWhorter stated that he felt this was a relationship issue. That it was up to SBC to maintain the area. Planning Director Krishnarao stated that if the Commission wants something, that they can make suggestions, but we don't have any ordinance now that requires us to ask these things of SBC. Discussion continued on this subject. Chairperson Sandars stated it was time to vote on the original motion to approve. The vote was 6-0 to approve the Special Use Permit. G. CONSIDERATION & POSSIBLE ACTION - Specific Use Permit Application No. 147 A request by Edwards and Kelcey, applicant for the Southwestern Bell Communications, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Telephone Exchange Switching Relay and Transmitting Equipment, in the Neighborhood Service District (NS(S)), on the following described property, to wit: Legal Description: 0.057 acres out of the south one-half of Lot 30 of the Allison Richey Gulf Coast Home Company Subdivision, Section 21, H.T. & B.R.R. Company Survey, Abstract 309, City of Pearland, Brazoria County, Texas General Location: Located at 8301-A Fite Road Commissioner Ransom made a motion to approve the motion for discussion, Commissioner West seconded. Commissioner Dumont stated this was different from the previous case, as a residence was nearby. There was much discussion about the chain link fence, Fite Road, and the residential area nearby. After much discussion, Commissioner Ransom made the motion that the applicant continues the existing fence around. Chairperson Sandars stated we need to specify the PLANNING & ZONING COMMISSION type of fence and where the existing fence is located. Commissioner Ransom then stated that this needed to be tabled until the applicant can come back and show the Commissioners what type of fence presently exist. Planning Director Krishnarao asked that the Board move on to the next item, while the staff pulled up the slides for viewing of the fence. H. CONSIDERATION & POSSIBLE ACTION — Amending Plat of Villa Verde Section Three Planner 1 Diana DuCroz stated that there were no outstanding items on this Amending Plat. Commissioner Greiner made the motion to approve this Plat, and Commissioner McWhorter seconded. There was no discussion among the Commissioners/Staff. The vote was 6-0 for approval. I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Medellin Addition Planner 1 Diana DuCroz stated that there were no outstanding items on this Final Plat. Commissioner Greiner made a motion to approve, Commissioner McWhorter seconded. There was not discussion among the Commissioners/Staff. The vote was 6-0 for approval. J. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Emerald Stone a. VARIANCE REQUEST: Consider a Variance to Sec. 27- 4(A)(3)(m)1 of the Subdivision Ordinance Regarding Cul -De -Sac Length and Width in the Emerald Stone Subdivision to allow 36 feet of pavement width in a 60 -foot -wide right-of-way for a distance of 268.70 feet with the remaining 596.30 feet of Dublin Lane being reduced to 28 -feet -wide pavement in a 50 -foot -wide right-of-way. b. VARIANCE REQUEST: Consider a Variance to Sec. 27- 4(A)(3)(m)1 of the Subdivision Ordinance Regarding Cul -De -Sac Length and Width to permit a landscape median 6 feet wide and 30 feet long in the center of Dublin Lane at the entrance to the subdivision. Planner 1 Diana DuCroz stated that each Variance needed to be voted on separately. She read each variance as stated in the staff notes. PLANNING & ZONING COMMISSION Commissioner Greiner left the Council Chambers momentarily. Chairperson Sandars asked if the applicant had a hardship. Commissioner West said he did not see it. Chairperson Sandars then asked if she had a motion to approve for discussion. Commissioner Dumont made the motion to approve, and Commissioner Ransom seconded. Applicant, Kevin Cole, spokesperson for the development, was present to discuss the hardship. He presented the history behind the original design of the subdivision, the changes and the cul-de-sac hardship. Commissioner Ransom asked what was the hardship on the roadway. He said there was still room to meet the ordinance. Mr. Cole agreed. He stated the hardship would be on the residence because of the smaller lot size. He wants to give the homeowners as much lot as possible. Commissioner Ransom stated he just didn't see the hardship. There was more discussion on the width of the cul-de-sac. Chairperson Sandars said we need a motion to approve. An amended motion was made by Commissioner Dumont, and seconded by Commissioner Ransom to vote for Variance A. The motion on Variance A amendment was passed 5-0. There was no more discussion. The Variance A, with the amendment was then voted on. The vote was 2-3 for denial. Commissioner Dumont and McWhorter voted for the Variance, and Chairperson Sandars, Commissioner West and Ransom voted against the Variance. The vote for Variance B was brought up. Commissioner Dumont motioned that they move Variance B for the purpose of discussion. Commissioner Ransom seconded it. Mr. Cole withdrew Variance B and the Plat due to the denial of the previous item. A vote was not necessary, due to the withdrawal. Commission Member Greiner returned to the Council Chambers The Planning Staff placed the pictures of the Specific Use Permit No. 147 on the screen so discussion could be completed. Chairperson Sandars asked for a motion to table this. There was more discussion on the fence and what the Commissioners wanted for now and the future. The Commissioners asked the Planning staff to talk with SBC and obtain their suggestions. Commissioner Greiner asked if the staff could look at other cities and what they require. Commissioner Dumont also asked the staff to look into the noise issue that the residences have complained about. PLANNING & ZONING COMMISSION Commissioner Ransom made the motion to table this, and Commissioner Greiner seconded. It was voted 6-0 to table the Specific Use Permit No. 147. K. UDC — CHAPTER 4 Executive Director of Community Services Nick Finan asked if there were any questions on Chapter 3. There were no questions. He then read through Chapter 4. There was some discussion on Chapter 4. Chairperson Sandars asked if there where any other questions or comments. Next meeting will be held on June 27th and would cover Chapter 5 — definitions. L. P & Z COMMISSIONERS ATTENDANCE Chairperson Sandars stated that each commissioner had his/her own personal attendance report in their binder. Some meetings have been close in whether or not they would make a quorum. Attendance is important. They are looking at consistency of absenteeism. Commissioner McWhorter apologized for his absences at the last 3 meetings, as he just started a new job. III. ADJOURNMENT The Regular Meeting adjourned at 10:22 p.m. These minutes r pectfully submitted by: Judy Krajc lanni g Admi i ative Secretary Minutes pproved as submitted and/or corrected on thisdaY of 2005. J0, In Ruby Sandars Plan ng & Zoning Commission Chairperson