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2006-11-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD NOVEMBER 20, 20065 AT 6:30 P.M., IN THE 2nd FLOOR CONFERENCE ROOM, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER Chairperson Ruby Sandars called the meeting to order at 9:54 p.m. with the following present: P&Z Chairperson Ruby Sandars P&Z Commissioner Neil West P&Z Commissioner Henry Fuertes P&Z Commissioner Jerry Koza, Jr. P&Z Commissioner Susan Sherrouse Also in attendance were: Assistant City Manager Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller, Deputy City Attorney Nghiem Doan and Planning Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES Commissioner Susan Sherrouse made the motion to approve the minutes, and Commissioner Jerry Koza, Jr. seconded. The vote was 5-0 for approval, with one correction on page 3 of the minutes. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006-33Z A request by Gary Forrest, applicant for Muriel A. Forrest, 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 General Business Retail District (GB) Commissioner Sherrouse made the motion to approve with Staff's comments, and Commissioner Koza, Jr. seconded. Commissioner Fuertes stated that he had some concerns about the West Lea sign. Deputy City Attorney Doan commented that the sign was not the Commissions concern. Chairperson Sandars and Commissioner Sherrouse both expressed that the corner gas station is not going away and this needs to be zoned General Business. P&Z Minutes, 11/20/06 Page 1 of 9 The vote was 5-0 for approval. B. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006-36Z A request by Julieta B. Guerra, applicant for Edward Tamez, 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) There was discussion among the Commission and Staff regarding the Comprehensive Plan. Chairperson Sandars made the motion to table the Zone Change, and Commissioner Koza, Jr. seconded. The vote was 4-1 to table. Commissioner West was opposed. C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2006-36Z A request by TNRG Acquisitions, applicant for Beeman Strong and Company, Inc., 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 Office and Professional District (OP) Commissioner Koza, Jr. made the motion to approve the Zone Change, and Commissioner Sherrouse seconded. The vote was 5-0 for approval. D. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2006-09 A request by Carcolo #1, Ltd., applicant for William J. Wise, Trustee, owner, for approval of a Conditional Use Permit for a "Minor Auto Repair" facility in the General Business Retail District (GB) Commissioner Koza, Jr. made a motion to approve, and Commissioner Sherrouse seconded. Chairperson Sandars stated she would like to see the bays turned because the berms were not high enough. Commissioner Koza, Jr. stated he did not feel this was the best use of the land, and he was not in favor of berms. Commissioner Sherrouse felt the bays should be turned. Chairperson Sandars made an amendment to the motion, to turn the bays and to approve with staff's comments, and Commissioner West seconded. P&Z Minutes, 11/20/06 Page 2 of 9 The vote was 5-0 to approve the amendment to the motion. The vote was 5-0 to approve the Conditional Use Permit, with Staff comments, and the bays turned so they do not face FM 518. E. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 10 A request by Charles and Sharla Ortiz, owners, for approval of a Conditional Use Permit for a "Beauty Shop" in the Old Townsite Residential District (OTR) Commissioner West made the motion to approve, and Commissioner Koza, Jr. seconded. There was no discussion. The vote was 5-0 for approval. F. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 11 A request by RG Miller Engineers, Inc./Greg Lentz, P.E., applicant for D.R. Horton — Emerald, Ltd., owner, for approval of a Conditional Use Permit for a "Recreation Center" in the Single Family Residential — 2 District (R-2) Commissioner West made the motion to approved, and Commissioner Koza, Jr. seconded. Chairperson Sandars made an amendment to the motion, in order to add staff's comments, and Commissioner Fuertes seconded. The vote was 5-0 for approval of the amendment to the motion. The vote was 5-0 to approve the Conditional Use Permit with staff comments. G. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. NO. 37Z A request by Gulf Coast Commercial and Patrick Egan, applicant for Strouhal Tire, Donnie Strouhal, Nancy S. Macha, and Gene Strouhal, 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 Business Park District — 288 to Planned Development District (PD) Commissioner Sherrouse made a motion to approve, and Commissioner Koza, Jr. seconded. P&Z Minutes, 11/20/06 Page 3 of 9 Chairperson Sandars recommended that it be written in that no outside displays are allowed, still allowing seasonal sales. Planning Director Krishnarao asked the Commission to consider asking for continuation of the Trail Plan. Chairperson Sandars made an amendment to the motion, and Commissioner West seconded. The vote was 5-0 for approval of the amendment to the motion. The vote was 5-0 to approve the Zone Change with the following added: (1) no outside merchandise sales except on sidewalks adjacent to the building, (2) the Trail System to be reviewed with the Parks Director, and (3) overnight trailer beds and storage containers be screened. H. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. NO. 38Z A request 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 for recently annexed properties, to classifications Single Family Residential — 2 District (R-2), Single Family Residential — 3 District (R- 3), Single Family Residential — 4 District (R-4), Multi -Family District, (MF), and Neighborhood Service District (NS) Commissioner West made the motion, and Commissioner Koza, Jr. seconded. Commissioner West asked Staff to check into Conditional Use Permit for daycare, and send them a notice (specifically the Montessori school), explaining that they are non -conforming. The Commission was reminded that this is a new zoning, due to annexation. The vote was 5-0 for approval. CONSIDERATION & POSSIBLE ACTION — AMENDMENTS TO THE MASTER THOROUGHFARE PLAN A request by the City of Pearland, for approval of an amendment to the Master Thoroughfare Plan of the City of Pearland, affecting various roadways throughout the City. Commissioner West made the motion, and Commissioner Koza, Jr. seconded. There was much discussion about closing off Old Alvin Rd @ John Lizer Road. There was brief discussion about Westminister Road. P&Z Minutes, 11/20/06 Page 4 of 9 The vote was 5-0 for approval. J. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF STONEBRIDGE SECTION TWO A request by Sherri McElwee, Brown & Gay Engineers, Inc. for Musgrave- Grohman Ventures, Ltd., owner, for approval of a preliminary plat of 39.04 acres zoned PUD into 140 residential lots and two reserves for landscape/open space purposes. The property is located east of Old Alvin Road north of Orange Street and is described as follows: 39.04 acres of land located in the D.H.M. Hunter Survey, A-76 & the H.T. & B. R.R. Co. Survey, A-233, City of Pearland, Brazoria County, Texas. Plan and Plat Administrator Keller read the Staff report. There were no outstanding items. Commissioner Koza, Jr. made the motion to approve, and Chairperson Sandars seconded. The vote was 5-0 for approval. K. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SAVANNAH LANDING SECTION FOUR A request by Geoffrey A. Freeman, Brown & Gay Engineers, Inc., for Savannah Development, Ltd., owner, for approval of a Preliminary Plat subdivision of 9.97 acres in the E.T.J. into 22 residential lots and 3 reserves for landscape/open space purposes. The property is located south of C.R. 58 east of the Fort Bend-Brazoria County Line and is described as follows: 9.97 acres of land located n the A.C.H. & B. Survey, A-403, Brazoria County, Texas. Plan and Plat Administrator Keller read the Staff report. There were no outstanding items. Commissioner Sherrouse made the motion to approve, and Commissioner Koza, Jr. seconded. The vote was 5-0 for approval. L. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK RANCH COMMERICAL SITE NO. 20-C A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for SCR C20B Development, L.P., owner, for approval of a final plat subdivision of 4.691 acres zoned PUD into one lot for use consistent with the approved P&Z Minutes, 11/20/06 Page 5 of 9 PUD. The property is located on the north side of Shadow Creek Parkway between Reflection Bay Drive and Kirby Drive in Shadow Creek Ranch and is described as follows: 4.691 acres out of the T.C.R.R. Co. Survey, Section 3, Abstract 678, in the City of Pearland, Brazoria County, Texas. Plan and Plat Administrator Keller stated that the applicant had withdrawn this plat. No action was taken. M. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF THE PROMENADE SHOPS AT THE SPECTRUM A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Lifestyle Centers, L.P., owner, for approval of a final plat subdivision of 122.623 acres zoned PD for uses consistent with the approved PD. The property is located at the southwest corner of Beltway 8 and State Highway 288 and is described as follows: 122.623 acres of land in the James Hamilton Survey, Abstract 881, City of Pearland, Harris County, Texas Plan and Plat Administrator Keller read the Staff report. There were two outstanding items, needing a lien holder subordination letter, and utility letters. Commissioner Koza, Jr. made the motion to approve with Staff's comments, and Commissioner Sherrouse seconded. The vote was 5-0 for approval. N. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SAVANNAH COVE SECTION TWO A request by Geoffrey A. Freeman, Brown & Gay Engineers, Inc., for Savannah Development, Ltd., owner, for approval of a Preliminary Plat of 19.24 acres in the E.T.J. into 57 residential lots and 4 reserves for landscape/open space/drainage purposes. The property is located south of C.R. 58 west of the extension of Savannah Parkway and is described as follows: 19.24 acres of land located in the A.C.H. & B. Survey, A-403, Brazoria County, Texas Plan and Plat Administrator Keller read the Staff report. There were no outstanding items. P&Z Minutes, 11/20/06 Page 6of9 Commissioner Koza, Jr. made the motion to approve, and Commissioner Fuertes seconded. The vote was 5-0 for approval. O. CONSIDERATION & POSSIBLE ACTION —FINAL PLAT OF SAVANNAH MEADOWS SECTION SIX A request by Geoffrey A. Freeman, Brown & Gay Engineers, Inc., for Savannah Development, Ltd., owner, for approval of a Final Plat subdivision of 12.50 acres in the E.T.J. into 46 residential lots and 3 reserves for landscape/open space/utilities. The property is located at the southeast corner of the intersection of Savannah Parkway and Savannah Bend Lane and is described as follows: 12.50 acres in the A.C.H. & B. Survey, A-403 & J. S. Talmage Survey, A- 562, Brazoria County, Texas. Plan and Plat Administrator Keller stated that the applicant had requested a 30 day extension. Commissioner Koza, Jr. made the motion to approve, and Commissioner Sherrouse seconded. The vote was 5-0 for approval. P. CONSIDERATION & POSSIBLE ACTION —PRELIMINARY PLAT OF SAVANNAH BEND SECTION TWO A request by Geoffrey A. Freeman, Brown & Gay Engineers, Inc. for Savannah Development, Ltd., owner, for approval of a Preliminary Plat subdivision of 37.77 acres in the E.T.J. into 119 residential lots and 4 reserves for detention/lake/drainage easement/landscape/open space. The property is located at the east end of Southern Orchard Lane east of Sable Tree Lane and is described as follows: 37.77 acres of land in the J.S. Talmage Survey, A-562 also being out of Emigration Land Company Subdivision, being a portion of Lot 34 of Block 76, Brazoria County, Texas. Plan and Plat Administrator Keller read the Staff report, stating there was one outstanding item. The BDD#4 was requesting a 65 ft. R -O -W, and that the Engineering Department was still reviewing. Commissioner West made the motion to approve with staff comments, and Commissioner Koza, Jr. seconded. P&Z Minutes, 11/20/06 Page 7of9 The vote was 5-0 for approval. Q. CONSIDERATION & POSSIBLE ACTION —PRELIMINARY PLAT OF AMENT-ALLEN CENTER A request by Tina Kast, Texas Engineering and Mapping Co., for Judy Ley Allen & Linda Ament, owners, for approval of a preliminary plat subdivision of 3.4003 acres zoned SP -1 (Spectrum District) into 2 tracts for uses consistent with the approved Planned Development. The plat is located at the southwest corner of Beltway 8 and Kirby Drive and is described as follows: 3.4003 acres in the James Hamilton Survey, Abstract No. 876, City of Pearland, Harris County, Texas Plan and Plat Administrator Keller read the Staff report, stating there was one outstanding item. Commissioner West made the motion to approve with Staff's comments, and Commissioner Koza, Jr. seconded. The vote was 5-0 for approval. R. CONSIDERATION & POSSIBLE ACTION —PARTIAL REPLAT OF OAKBROOK ESTATES SECTION SIX A request by Mila Sinyak, TCB Inc., for Oakbrook Estates, Ltd., owner, for approval of a Partial Replat of 32.0343 acres zoned R-2 creating two additional lots. The property is located on the north side of Dixie Farm Road east of Cowart Creek and is described as follows: 32.0343 acres in the W.D.C. Hall League, Abstract No. 70, City of Pearland, Brazoria County, Texas. Plan and Plat Administrator Keller stated that the applicant requested a 30 - day extension. Commissioner Koza, Jr. made the motion to approve, and Commissioner Sherrouse seconded. The vote was 5-0 for approval. S. CONSIDERATION & POSSIBLE ACTION — REPLAT OF FIRESTONE PEARLAND NO. 1 A request by Kenneth Gruller, Reno & Associates, for Mays & Company, owner, for approval of a Replat of 0.9174 acre zoned GB (General Business) for one lot. The property is located on the southwest side of Broadway (F.M. P&Z Minutes, 11/20/06 Page 8 of 9 518) between Y.M.C.A. Drive and Pearland Parkway and is described as follows.. 0.9174 acre in the Thomas J. Green Survey, A-198, City of Pearland, Brazoria County, Texas. Plan and Plat Administrator Keller stated that the applicant requested a 30 day extension. Commissioner West made the motion to approve, and Commissioner Koza, Jr. seconded. The vote was 5-0 for approval. IV. ADJOURNMENT Chairperson Ruby Sandars adjourned the meeting at 11:00 p.m. These minutes are respectfully submitted by: Judy Krajc , Ad-mirUstrative la ing Secretary inutes a proved as submitted and/or corrected on this ^ day of �r A.D., 2006. R by Sa as P& Chap rson P&Z Minutes, 11/20/06 Page 9 of 9