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2006-06-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPLANNING AND ZONING COMMISSION MINUTES OF A REGULAR MEEING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 19, 2006, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The Regular Meeting was called to order at 10:02 p.m., with the following present: P & Z Chairperson Ruby Sandars P & Z Vice -Chairperson Sheryl Greiner P & Z Commissioner Neil West P & Z Commissioner Darrell Diggs P & Z Commissioner Jerry Koza, Jr. P & Z Commissioner Henry Fuertes P & Z Commissioner Susan Sherrouse Also in attendance: Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plans and Plat Administrator Richard Keller, Planner I Diana DuCroz, Engineering Administrative Secretary Betty Foreman, and Assistant City Attorney Nghiem Doan E. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE NO. 2006- 22Z A request by Mike Pollack, applicant for Signature Eubanks and Associates, 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 General Business Retail District (GB) with an approved Specific Use Permit and Single Family —1 District (R-1) to Townhouse Residential District (TH), located on the North Side of Fite Road, and Approximately 1,100 Feet West of FM 1128 (Manvel Road) Vice Chairperson Greiner made a motion to consider as PD instead of TH. Assistant City Attorney Doan stated that the motion must pertain to what was requested. Commissioner Diggs made a motion to approve, and Commissioner West seconded. There was discussion regarding screening or open space between the town homes and residential homes next to the development. Page 1 of 8, P&Z 6/19/06 PLANNING AND ZONING COMMISSION The vote was 6-1 for approval. Commissioner Greiner voted in opposition. APPROVAL OF MINUTES Vice -Chairperson Sheryl Griener made the motion to approve, and Commissioner Susan Sherrouse seconded. The vote was 7-0 for approval. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2006-3 A request by Affiliated Machinery, Inc., applicant for Associated Properties, owner, for approval of a Conditional Use Permit for a "Machinery Sales, Storage, and Repair" facility in the General Commercial District (GC), on the following described property, located on the South Side of Alice Street, and approximately 1,000 Feet East of State Highway 35 (Main Street) Vice -Chairperson Greiner made a motion to accept with stipulation as stated "The applicant comply with all applicable requirements in the Unified Development Code", Commissioner West seconded. Commissioner Diggs asked if comment # 4 " the applicant will be required to comply with all requirements in the Unified Development Code pertaining to the development of this site", then why does the commission need to stipulate this. Assistant City Attorney Doan stated that it does not, nor does it need to be stated because it is in the Unified Development Code. Staff has requested this be stated because if a site plan is attached, there may be confusion that the site plan may be approved and not be up to code as stipulated in the Unified Development Code. Vice -Chairperson Greiner amended the motion to strike the comment in regards to comply with all applicable requirements in the Unified Development Code to approval of a conditional use permit does not imply or mean acceptance of any documentation that was furnished with the request such as a site plan or letter. Commissioner West seconded the motion. Commissioner Diggs had a question regarding the outside display or outside storage if there is a code restriction. Planning Director Krishnararo explained that there were screening standards that addressed the outside storage. The vote was 6-0-1 for approval. Commissioner Koza abstained from the Page 2 of 8, P&Z 6/19/06 PLANNING AND ZONING COMMISSION vote due to personal involvement. B. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2006-5 A request by Spasco, Ltd., and Sandy P. Aron, applicant for Judy Ley Allen and Linda Ley Ament, owners, for approval of a Conditional Use Permit for a "Convenience store with Gasoline Sales" facility in the Spectrum District, District S1: The Beltway District (SPD 1), on the following described property, located on the South Side of Beltway, and on the West Side of Kirby Drive. Commissioner Sherrouse made the motion to approve for comments, Vice -Chairperson Greiner seconded. Commissioner Diggs asked if this if first and only gas station in the Specturm District at this time. Planning Director Krishnarao stated this was the first development in the area. There was discussion among the Commissioners and Staff clarifying the SPD zoning. Chairperson Sandars stated that the same comment, as before should be placed, that approval of the Conditional Use permit does not imply approval of attached documents. The vote was 7-0 for approval. C. CONDSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006- 21Z A request by James B. Purcell, 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 General Business Retail District (GB) to Single Family Residential — 2 District (R2), on the following described property, located on the North Side of Walnut Street, and Approximately 150 Feet West of Johnston Street. Vice -Chairperson Greiner made a motion to approve, Commissioner Sherrouse seconded. The vote was 7-0 for approval. D. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006- 20Z Page 3 of 8, P&Z 6/19/06 PLANNING AND ZONING COMMISSION A request by Irene Flores, applicant for Daniel Flores, 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 Suburban Residential — 15 District (SR -15) to Neighborhood Service District (NS), located on the East Side of Manvel Road (FM 1128), and on the North Side of West Lea Lane. Vice -Chairperson Greiner made a motion to table so that the applicant can get all the paperwork turned into staff. Senior Planner Grahmann clarified the comment "commercial reserve". Motion dies for lack of second. Commissioner Diggs made a motion to approve for discussion, Commissioner West seconded. Commissioner Fuentes asked if the Commission were to approve the request, would the applicant still have to meet the deed restrictions, which states they cannot have the daycare. Assistant City Attorney Doan stated that Legal has not gotten involved enforcing deed restrictions. Vice -Chairperson Greiner asked if the applicant could accomplish with less, such as Residential with a Conditional Use Permit. Senior Planner Grahmann explained that was not an option under the new ordinances. There was further discussion regarding what deed restrictions are and how applied. Chairperson Sandars stated that Neighborhood Services (NS) means a lot of other things could be put in there, i.e. gas station, dry cleaners, etc. Ms. Sandars also spoke about the dangers of spot zoning. Planning Director Krishnarao clarified the daycare verbiage in regards to the zoning and ordinances. Commissioner Fuentes stated that daycare was a wonderful idea but the location is not good. The vote was 0-7 for approval. The reasons for denial are as follows: 1. Not a conforming use. 2. Maintain the residential complexion. 3. Consists of spot zoning. F. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006- 25Z Page 4 of 8, P&Z 6/19/06 PLANNING AND ZONING COMMISSION WITHDRAWN FROM AGENDA BY APPLICANT PRIOR TO MEETING G. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006- 24Z A request by M. Arif, applicant for Sohail Noor, 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 Garden O'Day Mixed Use District (GO -MU) to Planned Development District (PD), located on the West Side of Garden Road, and Approximately 1,600 Feet South of Brookside Road. Vice -Chairperson Greiner made a motion to approve for discussion, Commissioner Diggs seconded. Vice -Chairperson Greiner stated that when originally presented it was a conforming use for the area, but now has diverged from the original intent. There was discussion between the Commissioners and Staff regarding the use of the land, buffer restrictions, traffic issues, density, and height restrictions, and use variance with town homes and school in the development. The vote 0-7 for approval. The reasons for denial are as follows: 1. Adverse effect on the subdivision 2. 2 uses not allowed in the base district 3. Traffic issues 4. Density H. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006- 23Z A request by Osborne Development, applicant for Trinity Leasing, Ltd, owner, for an amendment to Ordinance No. 2000 M, 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 Planned Development District (PD), located on the West Side of Miller Ranch Road (County Road 93), and Approximately 1,000 Feet North of FM 518 (Broadway Street). Commissioner West made a motion to approve with Staff's comments, Commissioner Koza seconded. Chairperson Sandars asked if dealing with a PD in an OP district or a PD Page 5 of 8, P&Z 6/19/06 PLANNING AND ZONING COMMISSION with underlying GC. There was discussion in clarification of what the applicant was wanting. Planning Director Krishnarao stated that there were several issues that would need to be addressed in the PD. Staff does recommend approval but the PD is not complete. Vice -Chairperson Greiner made a motion to table this zone change until the applicant could address the issues in the PD and present a complete PD. Chairperson Sandars seconded the motion. The vote was 7-0 to table. I. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT AVALON TERRACE SECTION TWO A request by Scott Wright, Jones & Carter, Inc. for MHI Partnership, Ltd., owner, for approval of a Final Plat subdivision of 16.8790 acres in the E.T.J. for 77 residential lots. The property is located North of Broadway West of Max Road. Planner I Diana DuCroz read the staffs report. There three conditions outstanding: 1. Leinholders subordination agreement needs to be recorded and date added to plat. 2. The TBM must be labeled 3. Three sets of mylars needed Vice -Chairperson Greiner made the motion to approve with staff comments, and Commission Koza seconded. The vote was 7-0 for approval. J. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF PRIMROSE SCHOOL AT PEARLAND A request by Tina Kast, Texas Engineering and Mapping, for Papadopulus Holdings II, owner, for approval of a Final 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 staffs report. There was only one outstanding item; signatures and seal need to be added to plat. Page 6 of 8, P&Z 6/19/06 PLANNING AND ZONING COMMISSION Vice -Chairperson Greiner made a motion to approve with Staff's comments, Commissioner Sherrouse seconded. The vote was 7-0 for approval. K. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH MF -5A WITHDRWAN BY APPLICANT PRIOR TO MEETING L. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SOUTHERN TRAILS WEST SECTION ONE A request by Dausha Moore for Stoddard Group Ltd., owner, for approval of Final Plat subdivision of 39.3506 acres for 112 residential lots. The plat is located in the Southern Trails PUD west of Kingsley Drive. Planner I Diana DuCroz read the staffs report. There was one outstanding items; need BDD 4 approval. Vice -Chairperson Greiner made the motion to approve with Staff's comments, and Commissioner Diggs seconded. The vote was 7-0 for approval. M. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF TELEPHONE ROAD SUBDIVISION A request by Gregg Wiltshire, Wilson Survey Group, for PMSV Telephone LP, owner, for approval of Final Plat of 5.1905 acres zoned Commercial (C) for one lot. The property is located at 1525 N Main at intersection of McHard Road. Planner I Diana DuCroz read the staffs report. There was one item outstanding; signatures and seal added to mylar. Vice -Chairperson Greiner made a motion to approve with Staff's comments, Commissioner Koza seconded. The vote was 7-0 for approval. N. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF VILLAGES TOWNE LAKE Page 7 of 8, P&Z 6/19/06 PLANNING AND ZONING COMMISSION A request by Bobby Marlowe, Rekha Engineering, for Villages of Towne Lake, LP, owner, for approval of a Final Plat of 34.9454 acres zoned PUD for a multifamily development. The property is located east of Main Street South of Oiler Drive. Planner I Diana DuCroz read the staffs report. There are 14 outstanding items. Commissioner West made a motion to approve, and Commissioner Koza seconded. The vote was 0-7. The plat was denied. The Commissioner's denied the plat based upon the 14 outstanding items listed in Staff's report. O. NEXT MEETING July 3, 2006 No Meeting July 10, 2006 Possible Meeting July 17, 2006 JPH & Regular P&Z Meeting ADJOURNMENT The meeting was adjourned at 11:10 p.m. These minutes are respectfully submitted by: Betty J. reman for Judy D. Krajca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 19th day of June, A.D., 2006. I Sheryl Gr finer Vice-P&Z Chairperson Page 8 of 8, P&Z 6/19/06