2006-05-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPlanning and Zoning Commission
MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 15,
2006 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL,
3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The Regular Meeting was called to order at 8:08 p.m., following a Joint Public
Hearing, with the following present:
P & Z Chairperson Ruby Sandars
P & Z Commissioner Neil West
P & Z Commissioner Darrell Diggs
P & Z Commissioner Henry Fuertes (arrived at 8:13 p.m.)
P & Z Commissioner Susan Sherrouse
Also in attendance: Deputy City Attorney Nghiem Doan; Planning Director Lata
Krishnarao; Senior Planner Theresa Grahmann; Plans and Plat Administrator
Richard Keller, and Planning Administrative Secretary Judy Krajca.
NEW BUSINESS
City Council asked the P&Z Commission to address item E first, as the applicant
was needed in the Council Chambers as part of their meeting.
E. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 19Z
A request by CBL and Associates Properties, Inc., applicant for W C
Properties, Ltd., owner, for an amendment to Ordinance No. 2000M,
the Zoning Map of the City of Pearland, for approval of a change in
zoning district from classification Single Family Estate District (R -E) to
Planned Development District (PD)
Commissioner West made a motion to approve, and Commissioner
Sherrouse seconded.
Chairperson Sandars asked that the Phrase "except residential' be
added to page 10, item G, on the chart. Commissioner West asked if
there were any significant changes. Senior Planner Grahmann stated
the only changes were the items highlighted in yellow.
The vote was 4-0 for approval of the Zone Change.
Page 1 of 5
P&Z, 5/15/06
Planning and Zoning Commission
APPROVAL OF MINUTES
Commissioner Diggs made the motion to approve the minutes, and
Commissioner Sherrouse seconded. The vote was 4-0 for approval with a
correction being made on the last page, under Adjournment, that Commissioner
Sherrouse's last name be added, and not Susan.
NEW BUSINESS - CONTINUED
A. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit
No. CUP 2006-2
A request by Pavilion Land Development Company, owner, for
approval of a Conditional Use Permit for an "Auto Repair (Minor)"
facility in the General Business Retail District (GB), on the following
property generally located on the North Side of FM 518 (Broadway
Street), and West of County Road 90
Commissioner West made the motion to approve, and Commissioner
Sherrouse seconded.
Commissioner Fuertes arrived at 8:13 p.m.
There was no discussion among the Commission/Staff.
The vote was 5-0 for approval of the Conditional Use Permit.
B. CONSIDERATION & POSSIBLE ACTION — Zone Change 16Z
A request by James D. and L. Elaine Thomas, owners, for an
amendment to Ordinance No. 2000M, the Zoning Map of the City of
Pearland, for approval of a change in zoning district from classification
Single Family Residential — 1 District (R-1) to Neighborhood Service
District (NS), on the following property generally located on the East
Side of Westchester Circle, and Approximately 250 Feet South of FM
518 (Broadway Street)
Commissioner Diggs made the motion to approve, and Commissioner
Fuertes seconded.
Chairperson Sandars stated that her concerns remain the same, that
these are the last of the large lots, and need to remain residential.
Commissioner Sherrouse said she did not see that anything changed
from the previous public hearing. Commissioner Fuertes stated that
the change in use does not change the Traffic problem. Commissioner
Page 2 of 5
P&Z, 5/15/06
Planning and Zoning Commission
West stated that there seems to be a trend in opposition of similar
properties, and that the Comprehensive Plan should be reviewed and
lines on the map be changed.
Linda Lemmons, on behalf of the applicant, asked the
Commission/Staff for suggestions of the zoning, in order for her client
to sell and get the best price for her client. She claimed that all of the
applicant's property borders either Business or Commercial.
Commissioner Fuertes stated that it did not. To the West and to the
South are residential. Only the North and East properties are zoned
Commercial. He stated that if her rezoning was granted, then the
property owner directly beside her would then face this same issue,
and would thus become a domino effect.
The vote was 0-5. The Zone Change was denied for the same
reasons staff gave in their report.
C. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 17Z
A request by George Muthalaly, applicant for Morite V. Craven, owner,
for an amendment to Ordinance No. 2000M, the Zoning Map of the
City of Pearland, for approval of a change in zoning district from
classification Single Family Residential — 3 District (R-3) to
Neighborhood Service District (NS).
Commissioner West made a motion to approve, and Commissioner
Diggs seconded.
Commissioner West stated that this looked like a problem that had
been resolved in the past, but was now becoming a floating transition
zone. There was much discussion in regards to this, with Senior
Planner Grahmann stating she didn't feel this was a transition tract, but
that the detention pond was the transition tract.
Commissioner Diggs questioned why this was being recommended for
denial. Senior Planner Grahmann offered explanation based on the
Staff Report.
A great deal of discussion ensued between the
Commission/Staff/Legal/Applicant on whether to table this, approve it,
or denial.
The vote was 0-5. The zone change was denied, due to the reasons in
the staff comments.
Page 3 of 5
P&Z, 5/15/06
Planning and Zoning Commission
Commissioner Diggs stated that the City needs to make a concession
regarding the pipeline being the border between residential and
commercial, and asked to change his vote.
The vote was 1-4. The zone change was denied, for the reasons given
in the staff comments.
D. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE 18Z
A request by Alan Mueller, applicant for Riverstone Land Investors,
Ltd., SHS, and Green Shadows Corporation, owners, and portions of
the property initiated for a zone change by the City of Pearland, for an
amendment to Ordinance No. 2000M, the Zoning Map of the City of
Pearland, for approval of a change in zoning district from classification
Single Family Estate District (R -E) to Single Family Residential — 1
District (R-1).
Chairperson Sandars recommended tabling until the Commission has
time to review the Development Agreement.
Commissioner Sherrouse made a motion to table, and Commissioner
West seconded.
The vote was 5-0. The Zone Change was tabled until the Commission
can review the Development Agreement.
F. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF
SHADOW CREEK RANCH COMMERCIAL SITE NO. 18B
A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for
Crosswell Greenwood, owner, for approval of a Preliminary Plat of
12.121 acres for five commercial lots. The plat is located on Shadow
Creek Parkway between Kirby Drive and S.H. 288, and is described as
follows:
Commissioner West made the motion to approve, and Commissioner
Diggs seconded.
The vote was 5-0 for approval.
G. CONSIDERATION & POSSIBLE ACTION — PLAT EXTENSION OF
STONEBRIDGE SECTION 2
A request by Tracy Youngblood, Brown & Gay Engineers, for a six-
month extension of the Preliminary Plat of Stonebridge Section 2,
formerly known as Pearland 123 Section 2.
Page 4 of 5
P&Z, 5/15/06
Planning and Zoning Commission
Commissioner Diggs made a motion to approve, and Commissioner
West seconded.
The vote was 5-0 for approval.
ADJOURNMENT
The Planning and Zoning Meeting was adjourned at 8:10 p.m.
These minutes are respectfully submitted by:
Judy .. Kraj ' ✓
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this { i' day of
A.D., 2006.
Sheryl Greiner
P&Z Vice -Chairperson
Page 5 of 5
P&Z, 5/15/06