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2006-01-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPLANNING AND ZONING MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 16, 2006 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The Regular Meeting was called to order at 10:35 p.m. with the following present: P & Z Chairperson Ruby Sandars P & Z Vice Chairperson Todd locco P & Z Commissioner Neil West P & Z Commissioner Sheryl Greiner P & Z Commissioner Henry Fuertes P & Z Commissioner Susan Sherrouse P & Z Commissioner Darrell Diggs Also in attendance: Deputy City Attorney Nghiem Doan; Assistant City Manager Nick Finan; City Engineer Doug Kneupper; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan and Plat Administrator Richard Keller; Planner 1 Diana DuCroz, and Planning Administrative Secretary Judy Krajca. APPROVAL OF MINUTES Commissioner Sheryl Greiner made the motion to approve the minutes, and Vice -Chairperson Todd locco seconded. The vote was 5-0 for approval. Commissioner West and Commissioner Diggs were not present for the vote. NEW BUSINESS A. Consideration & Possible Action of Zone Change 2006-08S A request by K. A. Abraham, applicant for Vo Vi Friendship Association, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for a church and church facilities, in the Single Family Dwelling District (R -1(S)), located on the West Side of Piper Road, and South of FM 518 (Broadway Street) Vice -Chairperson locco made a motion to approve for the sake of discussion, and Commissioner Greiner seconded. Commissioner Greiner's concerns were safety, traffic and existing flooding conditions. Vice -Chairperson locco addressed concerns with the traffic and flooding. He stated he could not support this zone change. JPH Minutes, 1/16/06 Page 1 of 11 PLANNING AND ZONING Commissioner Henry Fuertes agreed with Mr. locco. The vote was 0-7. The zone change was denied. The Commission stated that the reasons for denial were flooding, traffic, safety and not a good use of the land. B. Consideration & Possible Action of Zone Change 2006-04Z A request by Kyle Duckett of GeoSurv, LLC, applicant for Tracy Goza of LinGo SouthGate, Ltd., 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-2) to Office and Professional District (OP), located on the Northeast Corner of County Road 59 and Kirby Drive. Commissioner Greiner made a motion to approve, and Vice -Chairperson locco seconded. There was no discussion. The vote was 7-0 for approval of the zone change. C. Consideration & Possible Action of Zone Change 2006-05Z A request by Paciano Rangel, 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-2) to General Business District (GB), located on the South Side of Future McHard Road, and West of Hatfield Road Commissioner Greiner made a motion to approve for the sake of discussion, and Vice -Chairperson locco seconded. Vice -Chairperson locco did not feel this was the best use, and Commissioner Diggs agreed. Commissioner Fuertes stated that based on the number of Public Comment forms, that the public was not in favor of this. The vote was 0-7. The zone change was denied. The Commission stated that the reasons for the denial were the same as those listed in the Staff report. D. Consideration & Possible Action of Zone Change 2006-03Z A request by Frank Chavez, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change JPH Minutes, 1/16/06 Page 2 of 11 PLANNING AND ZONING in zoning district from classification Single Family Dwelling District (R-1) to Commercial District (C), located on the East Side of Harkey Road, and on the North Side of Willow Street. Commissioner Greiner made a motion to approve for the sake of discussion, and Commissioner Sherrouse seconded. There was a brief discussion from the Commissioners. The vote was 0-7. The zone change was denied. The Commission stated that the reasons for the denial were the same as those listed in the Staff report. E. Consideration & Possible Action of Zone Change 2006-01Z A request by Jay Javadi, applicant for Donya, 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 Single Family Dwelling District (R-4) to Commercial District (C) located on the South Side of FM 518 (Broadway Street), and West of Liberty Drive. Commissioner West made a motion to approve for the sake of discussion, and Commissioner Fuertes seconded. The City Engineer, Doug Kneupper spoke regarding the drainage detention. The owner probably could still buy into the city detention when the site is developed. The vote was 6-1 for approval. Vice -Chairperson locco voted against this zone change stating he did not like the transition of the land use. F. Consideration & Possible Action of Zone Change 2006-09Z A request by Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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), Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard. Chairperson Sandars stated this item needed to be tabled in order for Staff to talk to the applicant, since the applicant was not present for this meeting. The vote was 6-1 to table this item. Commissioner Diggs voted against, JPH Minutes, 1/16/06 Page 3 of 11 PLANNING AND ZONING with no comment. G. Consideration & Possible Action of Zone Change 2006-02Z A request by Clayton Dykes, 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 Heavy Industrial District (M-2) to Commercial District (C), located on the West Side of SH 35 (Main Street), and on the South Side of Magnolia Street. Commissioner Greiner made of motion to approve for the sake of discussion, and Commissioner Sherrouse seconded. There was much discussion among the Commissioners. Commissioner Fuertes, Commissioner Sherrouse and Commissioner Diggs stated they were in favor of this zone change. Commissioner West, Commissioner Greiner and Vice -Chairperson locco stated they were against this because of the Commercial zoning in an industrial area. Commissioner Diggs asked the applicant if he had tried to sell the property, for another use. The applicant stated he has tried for three years to no avail. Chairperson Sandars asked to be excluded from the vote, as her husband was a Lions Club Member. The vote was 3-3. The zone change was denied, due to a lack of a majority, with Chairperson Sandars abstaining. The reasons for denial were the same as those listed in the Staff report. H. Consideration & Possible Action of Zone Change 2006-07S A request by Morrie Sheets of U Stor, applicant for Palivela P. Raju, Successor Trustee of The Sikander Hayat Durrani Trust and the Omar Hayat Durrani Trust, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for Storage and Mini -Warehouse in the Commercial District (C (S)), located on the East Side of SH 35 (Main Street), and North of Halik Road. Commissioner West made a motion to approve for the sake of discussion, and Commissioner Greiner seconded. There was a brief discussion among the Commissioners regarding development standards. The vote was 7-0 for approval of the Specific Use Permit. I. Consideration & Possible Action of Zone Change 2006-06Z JPH Minutes, 1/16/06 Page 4 of 11 PLANNING AND ZONING A request by Kerry R. Gilbert & Associates, Inc., applicant for Pearland Investments, 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 Estate Lot Single Family Dwelling District (R -E) and Light Industrial District (M-1) to Planned Unit Development District (PUD), located on the South Side of Broadway Street, and on the East Side of FM 521. Vice -Chairperson locco made a motion to approve and Commissioner West seconded. There was a brief discussion by the Commissioners. Commissioner Greiner asked Mr. Gary Cook to consider voluntarily doing sidewalks on both sides of the road, near the schools. Mr. Cook replied that he would look into this. The vote was 7-0 for approval. J. Consideration & Possible Action of Amended Plat of Bellavita at Green Tee Section Five A request by Terry Brooks, R. West Development, for Reed -West Investments, owner, for an Amended Final Plat of Bellavita at Green Tee Section Five, previously approved on November 1, 2004, for the purpose of changing two street names. The property is located east of Scarsdale Blvd north of Clear Creek. Planner I Diana DuCroz read the Staff comments. There was no discussion. Commissioner West made the motion to approve, and Commissioner Diggs seconded. The vote was 7-0 for approval. K. Public Hearing — Replat of Village Grove Section One Restricted Reserve Q A request by Greg Lentz, PE, R.G. Miller Engineering, for Sowell Property Partners — Village Grove LP, owners, for a replat of Village Grove Section One Restricted Reserve Q for a new residential subdivision, Village Grove Section Two. The property is located between O'Day and Hatfield Roads north of 518. JPH Minutes, 1/16/06 Page 5 of 11 PLANNING AND ZONING Chairperson Sandars called to order a Public Hearing at 11:20 p.m. Crystal Milner of 2137 O'Day Rd., Pearland, TX 77581 spoke against this Replat, stating the issues of flooding, and asking for a fence to be placed up for privacy. Greg Lentz, Engineer for Village Grove Subdivision, Section Two, spoke in favor of this Plat. There was no one else present to speak for or against this Replat. City Engineer Doug Kneupper stated that the flooding situation could be corrected to make the property drain. If the plat is approved, drainage would be assessed. Chairperson Sandars adjourned the hearing at 11:30 p.m. L. Consideration & Possible Action of Final Plat of Village Grove Section Two A request by Greg Lentz, PE, R.G. Miller Engineering, for Sowell Property Partners — Village Grove LP, owners, for approval of a Final Plat subdivision of 31.7220 acres zoned R-2 for 123 residential lots. The property is located between O'Day and Hatfield Roads north of 518. Planner I Diana DuCroz read the Staff report. There were no outstanding items. Staff received 5 Public Comment forms against this replat. Commissioner Greiner made a motion to approve for the sake of discussion, and Vice -Chairperson locco seconded. The vote was 7-0 for approval. M. Consideration & Possible Action of Final Plat of Dollar General A request by J. Ray Laney, RPLS, of Laney Surveyors, for Pearland DG, Ltd, for approval of a Final Plat of 1.8904 acres zoned Commercial (C) for one lot for commercial use. The property is located on the east side of Main St south of Magnolia. Planner 1 Diana DuCroz read the Staff report. There were no outstanding items. Vice -Chairperson locco made the motion to approve, and Commissioner Greiner seconded. JPH Minutes, 1/16/06 Page 6 of 11 PLANNING AND ZONING The vote was 7-0 for approval N. Consideration & Possible Action of Final Plat of Province Village General Business Site A request by Ralph Thomas, LJA Engineering, for The Maverick Group, owner, for approval of a Final Plat subdivision of 5.006 acres into three lots for commercial use. The property is located on the north side of Broadway east of Pearland Parkway. Planner I Diana DuCroz read the Staff report. There were no outstanding items. Commissioner Greiner made a motion to approve, and Commissioner West seconded. The vote was 7-0 for approval. O. Consideration & Possible Action of Final Plat of Shadow Creek Town Center A request by WCF Development, LLC, and Memorial Hermann Hospital System, owners, for approval of a Final Plat of 110.41 acres zoned Commercial (C) and PUD into five lots for commercial use. The plat is located at the northwest corner of the intersection of Broadway and S.H. 288. Planner I Diana DuCroz read the Staff report. Vice -Chairperson locco made a motion to approve for the sake of discussion, and Commissioner Sherrouse seconded. City Engineer Doug Kneupper asked that the outstanding items be read into the record and conditions be put on the plats as stated in the Staff report. The vote was 7-0 for approval, with staff recommendations on items # 1-4 in the Staff report to be approved before recordation. P. Consideration & Possible Action of Final Plat of Emerald Stone A request by Kathy Denton, JKC & Associates, for approval of a Final Plat subdivision of 10.4696 acres zoned R-2 for 28 residential lots. The plat is located on the east side of O'Day Road at Dublin Lane. JPH Minutes, 1/16/06 Page 7 of 11 PLANNING AND ZONING This Plat was withdrawn by the applicant. No further action is necessary. Q. Consideration & Possible Action of Preliminary Plat of PHE Office Park A request by Jesus J. Vitela, Lentz Engineering, for Fite Office Park Ltd, owner, for approval of a Preliminary Plat of 6.9695 acres zoned General Business (GB) into two commercial lots. The property is located at on the west side of Cullen Blvd north of Fite Road. Planner I Diana DuCroz read the Staff report. There were no outstanding items. Commissioner Greiner made a motion to approve, and Vice -Chairperson locco seconded. The vote was 7-0 for approval. R. Consideration & Possible Action of Preliminary Plat of Primrose School at Pearland A request by Tina Kast, Texas Engineering and Mapping, for Third Coast Resources, Ltd, owner, for approval of a Preliminary Plat of 1.8667 acres zoned General Business (GB) for one lot. The property is located on the west side of Pearland Parkway north of 518. Planner I Diana DuCroz read the Staff report. There were no outstanding items. Commissioner Greiner made the motion to approve, and Vice -Chairperson locco seconded. The vote was 7-0 for approval. S. Consideration & Possible Action of Preliminary Plat of South Gate Section Four A request by Kyle Duckett, GeoSury LLC, for Lingo Southgate, Ltd, owner, for approval of a Preliminary Plat subdivision of 31.5180 acres zoned R-2 for 99 residential lots. The property is located at the north side of C.R. 59 east of future Kirby Drive. Planner I Diana DuCroz read the Staff report. There were no outstanding items. Vice -Chairperson locco made a motion to approve, and Commissioner JPH Minutes, 1/16/06 Page 8 of 11 PLANNING AND ZONING Diggs seconded. The vote was 7-0 for approval. T. Consideration & Possible Action of Preliminary Plat of Telephone Road Subdivision A request by Gregg Wiltshire, Wilson Survey Group, for PMSV Telephone LP, owner, for approval of a Preliminary Plat of 5.1905 acres zoned Commercial (C) for one lot. The property is located at 1525 N Main at the intersection of McHard Rd. Planner I Diana DuCroz read the staff report. There was one outstanding item. Commissioner Greiner made the motion to approve, and Commissioner Fuertes seconded. The vote was 7-0 for approval, with Staff's comments. U. Consideration & Possible Action of Preliminary Plat of The Promenade at Shadow Creek A request by Jason Banda, LJA Engineering, for Pearland Lifestyle Centers, LP, owner, for approval of a Preliminary Plat subdivision of 122.623 acres zoned PUD for two tracts. The property is located at the southwest corner of the intersection of Beltway 8 and S.H. 288. Planner I Diana DuCroz read the Staff report. There were three outstanding items. Vice -Chairperson locco made the motion to approve, and Commissioner Greiner seconded. There was brief discussion from the Commissioners. The vote was 7-0 for approval. V. Consideration & Possible Action — Remove from Table Zone Change Application No. 1249 Vice -Chairperson Todd locco made a motion to remove from table, and Commissioner Greiner seconded. The vote was 7-0 to remove the item from the table. JPH Minutes, 1/16/06 Page 9 of 11 PLANNING AND ZONING W. Consideration & Possible Action of Zone Change Application No. 1249 A request by Vernon G. Henry & Associates, Inc., applicant for CBL & Associates Properties, 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) and General Business District (GB) to Planned Unit Development District (PUD). Planning Director Krishnarao read the Staff report. There was much discussion between the Commission/Staff, as each outstanding item was addressed. Architect, Steve Moluse addressed the Commission regarding parking and density. Chairperson Ruby Sandars made a motion to table this PUD, and Vice - Chairperson locco seconded. The vote was 7-0 to table the PUD, and bring back at the February 6th P&Z Meeting. The Commission will make a recommendation to Council at that meeting. X. Consideration & Possible Action of Approval of the Proposed Unified Development Code Vice -Chairperson locco made a motion to approve, and Commissioner West seconded. There was a brief discussion. The vote was 7-0 for approval of the January 2006 Draft, with 1 change on page 102 of the Matrix, in regards to allowing Plumbing Shops to be permitted in M2. Y. Consideration & Possible Action of Approval of the Proposed Zoning Map Chairperson Sandars made a motion to approve for the sake of discussion, and Vice -Chairperson Sandars seconded. There was a brief discussion. The vote was 7-0 for approval of the Zoning Map. JPH Minutes, 1/16/06 Page 10 of 11 PLANNING AND ZONING Z. Communications The Planning & Zoning Commission was asked to let the Planning Secretary know dates they will be attending the APA National Conference (April 22-26, '06). Documentation was handed out to the Commissioners in regards to Big Box Regulations. AA. Next Meeting Dates The next meeting of the Planning & Zoning Commission will be February 6, 2006. ADJOURNMENT The meeting was adjourned at 12:40 a.m. These minutes are respectfully submitted by: r Judy D„Krajca " ` ) Planning Administrative Secretary Minutes approved as submitted and/or corrected on this day of 2006. l Ruby Sa dars P&Z Chairperson JPH Minutes, 1/16/06 Page 11 of 11