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2006-07-17 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 JULY 17, 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 8:50 p.m., with the following present: 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: Assistant City Manager Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller, Planner I Diana DuCroz, Planning Administrative Secretary Judy Krajca, and Assistant City Attorney Nghiem Doan APPROVAL OF MINUTES Commissioner Neil West made the motion to approve, and Commissioner Jerry Koza, Jr. seconded. The vote was 6-0 for approval. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2006-6 A request by Rodney Slaton, applicant for Mahmud Hedayati, owner, for approval of a Conditional Use Permit for a "Mini-Warehouse/Self Storage" facility in the General Business Retail District (GB), on the following property located on the East Side of Westminister Street, and Approximately 300 Feet North of FM 518 (Broadway Street) Commissioner Sherrouse made a motion to approve with discussion, and Commissioner Fuertes seconded. Ms. Krishnarao stated that Council asked that the P&Z Commission address the buffering. There was much discussion among the Commission and Staff on the buffering and fencing. Pagel of 8, P&Z 7/17/06 PLANNING AND ZONING COMMISSION Commissioner Sherrouse amended her motion to approve with all UDC codes being applied. Commissioner Fuertes seconded. Much discussion ensued regarding the masonry fence, wrought iron fence and masonry pillars all being 6 feet in height. The Commission recommended two different options. Option A was presented asking for a 6 feet tall (minimum height) fence, solid masonry up front along Westminister, with a 10 feet landscape buffer between the street and the fence. The remaining three sides would have wrought iron fence with masonry pillars — 6 feet in height. Commissioner Sherrouse amended her motion again to add Option B, and Commissioner Fuertes seconded. Option B was a 6 feet tall wrought iron decorative fence along Westminister, with masonry pillars and a maintained landscape detention pond, and the three remaining sides with wrought iron fence and masonry pillars — 6 feet in height. The vote was 6-0 for approval of the Conditional Use Permit with conditions that the owner chooses from either Option A or B. B. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2006-28Z A request by Richard Gonzalez, applicant for RMMA Investments, 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 — 2 District (R-2) to Townhouse Residential District (TH), on the property located on the South Side of Walnut Street, and Approximately 400 Feet East of McLean Road. Commissioner Diggs made the motion to approve for the sake of discussion, and Commissioner West seconded. There was discussion pertaining to the old Oak trees being 75 years old, and the applicant wanting to preserve them as part of the landscaping. There was also discussion about plans for Walnut Street. Deputy Attorney Doan suggested that the Commission act on what was known now, and not on what TxDOT may or may not do. The vote was 6-0 for approval of the Zone Change. Page 2 of 8, P&Z 7/17/06 PLANNING AND ZONING COMMISSION C. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2006-29Z A request by Monty Hudson, applicant for Jasvant C. Patel, 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 — 1 District (R-1) to Office and Professional District (OP), on the property Located on the West Side of Miller Ranch Road (County Road 93), and Approximately 800 Feet North of FM 518 (Broadway Street), Commissioner Koza, Jr. made the motion to approve, and Commissioner West seconded. There was brief discussion pertaining to the best use of this property for the zoning, and height restrictions. The vote was 6-0 for approval of the Zone Change. D. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2006-27Z A request by George Muthalaly, applicant for Moritz 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 Office and Professional District (OP), on the property Located on the East Side of Wooten Road, and Approximately 1,100 Feet North of FM 518 (Broadway Street). Commissioner Diggs made the motion to approve for the sake of discussion, and Commissioner Koza, Jr. seconded. Discussion began with there being a negative impact on the neighboring community, such as traffic, and service vehicles. Commissioner Koza, Jr. stated that he was in favor of this zone change, but the detention being left as R-3 was not best. Commissioner Diggs agreed with Commissioner Koza, Jr. Commissioner Diggs asked who was responsible of the upkeep of the detention pond. Planning Director Krishnarao commented that staff will have to research it. Ms. Krishnarao asked the Commission if they would rather the applicant come back with a Planned Development (PD). Mr. Muthalaly spoke of what they want and will be as creative as possible with the buffer and detention so that they do not bother the homeowners. The vote was 2-4. The Zone Change was denied. Commissioner Fuertes and Commissioner Koza, Jr. voted for the motion to approve. Page 3 of 8, P&Z 7/17/06 PLANNING AND ZONING COMMISSION Commissioner's Greiner, Sherrouse, West and Diggs voted against the motion to approve. Reasons for denial were stated as the Office Profession District was too broad of use, and that a Planned Development (PD) would be better. E. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2006-26Z A request by Al Osborn (Osborn and Vane Architects), applicant for Donya, LLC, 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 — 4 District (R-4) to General Commercial District (GC), on the property Located Approximately 500 Feet West of Liberty Drive, and Approximately 300 Feet South of FM 518 (Broadway Street). Commissioner West made the motion to approve, and Commissioner Koza, Jr. seconded. There was no discussion. Commissioner Diggs excused himself from the meeting at 9:56 p.m. The vote was 5-0 for approval of the Zone Change. F. CONSIDERATION & POSSIBLE ACTION — REMOVE FROM TABLE ZONE CHANGE No. 2006-23Z Commissioner Koza, Jr. made the motion to remove from table, and Commissioner West seconded. G. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2006-23Z (Revised document) A request by Osborne Development, applicant for Trinity Leasing, 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 Residential — 1 District (R-1) to Planned Development District (PD), on the property 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 the motion to approve for the sake of discussion, and Commissioner Koza, Jr. seconded. There was discussion about the detention. The Commission asked to see a final conceptual document — Planned Development (PD). Page 4 of 8, P&Z 7/17/06 PLANNING AND ZONING COMMISSION Deputy Attorney Doan asked the Commission if they were okay with Phase I in case Phase 2 did not occur. The Commission asked staff to define detention and amenities. Vice -Chairperson Greiner and Commissioner Sherrouse recommended this be tabled again. Commissioner Koza, Jr. made the motion to table the Zone Change, and Commissioner Sherrouse seconded. The vote was 5-0 for approval. The Commission called for a brief recess at 10:25 p.m. The Commission resumed at 10:41 p.m. H. PUBLIC HEARING — Replat of Lots 1 and 2 Rawls Subdivision as Rios Subdivision A request by Christian Offenburger, RPLS, Boundary One, LLC, for Abelio Rios, owner, for approval of a replat of Lots 1 and 2 of the Rawls Subdivision as the Rios Subdivision Final Plat in order to subdivide the two existing lots into three lots. The parcel is 0.663 acre and is located at Woody Road at Scott Street, and is described as follows: 0.663 acre of land, all of Lots 1 and 2, Rawls Subdivision as recorded in Volume 17, Page 399 B.C.P.R. in the H.T. & B.R.R. Company Survey Section 4, A-543, City of Pearland, Brazoria County, Texas. Vice -Chairperson Greiner called the Public Hearing to order at 10:41 p.m. and read the purpose of the hearing. There was no one present to speak for or against this replat. Planner I DuCroz gave the staff report stating that a Replat requires a public hearing, as the applicant is subdividing the two existing lots into three lots. The hearing was adjourned at 10:45 p.m. CONSIDERATION & POSSIBLE ACTION — Final Plat of Rios Subdivision A request by Christian Offenburger, RPLS, Boundary One, LLC, for Abelio Rios, owner, for approval of a replat of Lots 1 and 2 of the Rawls Subdivision as the Rios Subdivision Final Plat in order to subdivide the Page 5 of 8, P&Z 7/17/06 PLANNING AND ZONING COMMISSION two existing lots into three lots. The parcel is 0.663 acre and is located at Woody Road at Scott Street, and is described as follows: 0.663 acre of land, all of Lots 1 and 2, Rawls Subdivision as recorded in Volume 17, Page 399 B.C.P.R. in the H.T. & B.R.R. Company Survey Section 4, A-543, City of Pearland, Brazoria County, Texas. Planner I DuCroz read the Staff Report. There was one outstanding item. Commissioner Koza, Jr. made a motion to approve, and Commissioner Fuertes seconded. Commissioner Fuertes made an amendment to the motion to approve with Staff's recommendations. Commissioner Koza, Jr. seconded. The vote was 5-0 for approval with Staff's comments, regarding the street light on Scott Street. J. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch Commercial Site No. 18B A request by Jason R. Banda, LJA Engineering & Surveying, Inc. for CG - Shadow Creek Ranch Village LP, owner, for approval of a Final 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: 12.121 acres, being out of the T.C.R.R. Co. Survey, Section 4, Abstract 675, and the Obediah Pitts Survey, Abstract 717, City of Pearland, Brazoria County, Texas. Planner I DuCroz stated that this Plat had been withdrawn. K. CONSIDERATION & POSSIBLE ACTION — Final Right -of -Way Plat of Shadow Creek Ranch Discovery Bay Drive Extension A request by Jason Banda, LJA Engineering & Surveying, Inc. for Shadow Creek Ranch Development Co, owner, for approval of a Final Right -of - Way Plat of 0.721 acres in Shadow Creek Ranch for a portion of Discovery Bay Drive. The property is located between Business Center Drive and S.H. 288, and is described as follows: 0.721 acres being out of the William Morris Survey, Abstract 344, City of Pearland, Brazoria County, Texas. Planner I DuCroz read the Staff Report. There were no outstanding items. Page 6 of 8, P&Z 7/17/06 PLANNING AND ZONING COMMISSION Commissioner Fuertes made the motion to approve, and Commissioner Sherrouse seconded. The vote was 5-0 for approval. L. CONSIDERATION & POSSIBLE ACTION — Preliminary Right -of -Way Plat of Shadow Creek Ranch Broadway Extension A request by Jason Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, owner, for approval of a Preliminary Right -of -Way Plat of 12.241 acres in Shadow Creek Ranch for the extension of Broadway from Kingsley Drive west to the Fort Bend/Brazoria County line. The property is described as follows: 12.241 acres being out of the H.T. & B.R.R. Co., Section 83, Abstract 305, Brazoria County, Texas, the H.T. & B.R.R. Co., Section 83, Abstract 761, Fort Bend County, Texas, and the H.T. & B.R.R. Co. Survey, Section 84, Abstract 767, Fort Bend County, Texas, and the H.T. & B.R.R. Co. Survey, Section 82, Abstract 565, City of Pearland, Brazoria County, Texas. Planner I DuCroz read the staff report. There was one outstanding item with the street light layout possibly needing to be revised. Commissioner Sherrouse made the motion to approve with staff's comments, and Commissioner Koza, Jr. seconded. The vote was 5-0 for approval with staff's comments. M. CONSIDERATION & POSSIBLE ACTION — Waiver of Decision Time for Stable Stone Lane Final Plat A request by Gerald Grissom, Brown & Gay Engineers, for a waiver of the decision time for the Final Plat of Stable Stone Lane until the August 21 P&Z meeting. Planner I DuCroz stated that the applicant had asked for a Waiver, and that they were requesting an extension of time. Commissioner West made the motion to approve the extension of time, and Commissioner Koza, Jr. seconded. Page 7 of 8, P&Z 7/17/06 PLANNING AND ZONING COMMISSION There was much discussion between Legal and Staff regarding the request of a waiver for an extension of time. The vote was 5-0 for approval of the extension of time. N. NEXT MEETING O. DISCUSSION ITEMS ADJOURNMENT August 7, 2006 P&Z Meeting Texas APA Conference -Corpus Christi, TX October 18-21, 2006 The meeting was adjourned at 10:56 p.m. These minutes are respectfully submitted by: i Judy D. KiWjca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this day of A.D., 2006. RLky Sanars P&Z Chairperson Page 8 of 8, P&Z 7/17/06