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2007-02-05 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD FEBURARY 5, 2007 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER Vice -Chairperson Sheryl Greiner called the meeting to order at 6:32 p.m. with the following present: P & Z Vice -Chairperson Sheryl Greiner P & Z Commissioner Susan Sherrouse P & Z Commissioner Neil West P & Z Commissioner Henry Fuertes P & Z Commissioner Jerry Koza, Jr. P & Z Commissioner Darrell Diggs 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 Koza, Jr. made the motion to approve the minutes of January 15, 2007, and Commissioner Fuertes seconded. The vote was 6-0 for approval. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION - Replat of Wells Fargo at Shadow Creek Ranch A request by Erika Lopez, GeoSolutions, LTD., for Lasco Shadow Creek, Ltd., owner, for approval of a replat of 2.637 acres zoned PUD into two lots for commercial use. The property is located at the southeast corner of Shadow Creek Parkway and Kirby Drive in Shadow Creek Ranch. Plans and Plat Administrator Keller stated the applicant has requested a 30 - day extension of time. Commissioner West made the motion to approve, and Commissioner Koza, Jr. seconded. There was brief discussion brought up by Commissioner Diggs regarding the need to ask for a second extension of time, and Planning Director Krishnarao explained that once the Unified Development Code Amendments are approved by City Council in February 2007, applicants will only be able to request one extension for a Waiver of Decision. The vote was 5-1 for approval of the extension. Commissioner Diggs voted against. Page 1 of 7, 2/5/07 P&Z Meeting B. CONSIDERATION & POSSIBLE ACTION — Final Plat of The Lakes at Highland Glen Section Seven A request by Chuck Davis, C. L. Davis & Company, for Beazer Homes Texas, L. P., owner, for approval of a Final Plat subdivision of 11.6926 acres zoned PUD into 40 lots for single-family residential use including three reserve areas for landscape/open space/drainage easement. The property is located on the east side of Highland Glen Lane north of Town Ditch. Plans and Plat Administrator Keller read the Staff report. Mr. Keller stated that only two items remain outstanding. Commissioner Diggs made the motion to approve and Commissioner Koza, Jr. seconded. There was no discussion among the Commission/Staff. The vote was 6-0 for approval. C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Shadow Creek Marketplace A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Don Strouhal, Jr., Nancy Strouhal Macha, Gene Strouhal, and C&S Asphalt Sealing Co., Inc., owners, for approval of a Preliminary Plat subdivision, including a replat of the C&S Asphalt Sealing Company subdivision, of 49.405 acres zoned PD into one lot for commercial use. The property is located on the northwest corner of Shadow Creek Parkway (F.M. 2234) and State Highway 288. Plans and Plat Administrator Keller read the Staff report. Mr. Keller stated there were four outstanding items. Staff recommends approval. There was brief discussion in regards to the four outstanding items, and the fact that it is a Preliminary Plat, with these items being corrected before the final plat is submitted. Commissioner Diggs excused himself from the meeting at 6:42 p.m. The vote was 5-0 for approval. D. PUBLIC HEARING — Replat of a portion of CVS Sherwood A request by Kenneth Gruller, Reno & Associates, for 2900 Broadway, LP, Wachovia Bank, National Association, and CVS Pharmacy, Inc., owners, for approval of a replat of Block 1 of CVS Sherwood subdivision into four lots for commercial purposes. The property is located on the southwest side of Broadway (F.M. 518) between Pearland Parkway and Y.M.C.A. Drive and is described as follows: Page 2 of 7, 2/5/07 P&Z Meeting 4.8672 acres of land out of the Thomas J. Green Survey, A-198, and being a replat of Block 1 of CVS Sherwood, City of Pearland, Brazoria County, Texas Vice -Chairperson Greiner opened the public hearing at 6:44 p.m. Commissioner Diggs returned to the meeting at 6:45 p.m. Plans and Plat Administrator Keller stated the purpose of the replat. Steve Myer of 6949 Sherry Lane, Dallas, TX was present to represent Firestone. The hearing was closed at 6:47 p.m. E. CONSIDERATION & POSSIBLE ACTION — Replat of CVS Sherwood A request by Kenneth Gruller, Reno & Associates, for 2900 Broadway, LP, Wachovia Bank, National Association, and CVS Pharmacy, Inc., owners, for approval of a replat of Block 1 of CVS Sherwood subdivision into four lots for commercial purposes. The property is located on the southwest side of Broadway (F.M. 518) between Pearland Parkway and Y.M.C.A. Drive. Plans and Plat Administrator Keller read the Staff report. Mr. Keller stated that all the outstanding items had been addressed. Commissioner Diggs made the motion to approve, and Commissioner West seconded. The vote was 6-0 for approval. F. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Silver Land Center A request by Gregg Wiltshire, The Wilson Survey Group, for Fortress Pearland Investments, LLC, owner, for approval of a preliminary plat subdivision of 8.2904 acres for General Business uses. The property is located at the southwest corner of Broadway (F.M. 518) and Hillhouse Road. Plans and Plat Administrator Keller read the Staff report. Mr. Keller stated there were no outstanding items. Commissioner Koza, Jr. made the motion to approve, and Commissioner Sherrouse seconded. There was a brief question from Commissioner Diggs regarding the location of the storm water detention. The vote was 6-0 for approval. Page 3 of 7, 2/5/07 P&Z Meeting G. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch Commercial Site No. 20-B A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Capital Group, LP, owner, for approval of a final plat subdivision of 4.250 acres zoned PUD into one lot for commercial uses consistent with the approved PUD. The property is located on the northeast corner of Shadow Creek Parkway (F.M. 2234) and Reflection Bay Drive. Plans and Plat Administrator Keller read the Staff report. Mr. Keller stated there were still seven outstanding items and that only two had been addressed. Commissioner Koza, Jr. made the motion to approve, and Commissioner Sherrouse seconded. There was brief discussion between the Commission and Staff. Commissioner Fuertes recused himself from the vote. The vote was 0-5. The final plat was denied for reasons given by staff. H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek Ranch Commercial Site No. 20-D A request by Jason R. Banda, LJA Engineering & Surveying, Inc., for Pearland Investments, Limited Partnership, owner, for approval of a final plat subdivision of 3.500 acres zoned PUD into one lot for commercial uses consistent with the approved PUD. The property is located on the north side of Shadow Creek Parkway (F.M. 2234) between Reflection Bay Drive and Kirby Drive. Plans and Plat Administrator Keller read the Staff report. Mr. Keller stated items 2-7 were addressed; however, the Performance Bond remained outstanding. Commissioner Sherrouse made the motion to approve, and Commissioner Diggs seconded. There was brief discussion between the Commission and Staff. Commissioner West questioned why these plats were coming before the Commission with so many outstanding items remaining. Commissioner Fuertes recused himself from the vote. The vote was 0-5. The final plat was denied for reasons given by staff. I. CONSIDERATION & POSSIBLE ACTION — Final Plat of Southgate Section Three Page 4 of 7, 2/5/07 P&Z Meeting A request by Kyle Duckett, GeoSurv, LLC, for Lingo Southgate, Ltd., owner, for approval of a final plat subdivision of 38.9233 acres into 106 residential lots for single-family residential use including 4 reserves for landscape/public park/drainage/utilities/water & sewer easements. The property is located east of Kirby Drive between C. R. 59 and Broadway. Plans and Plat Administrator Keller read the Staff report. The outstanding item remaining is the Bond and Traffic Impact Analysis. Commissioner Koza, Jr. made the motion to approve, and Commissioner Diggs seconded. Deputy City Attorney Doan stated that Staff/Legal/Engineering have met with Southgate. Engineering is comfortable with the plat being approved. Legal has discussed the bond and will have a decision to the Planning staff within the next four days. There was some discussion among the Commission and Staff in regards to the two outstanding items remaining. The vote was 6-0 for approval. J. REMOVE TABLED ITEM — ZONE CHANGE 34-Z Commissioner West made the motion to remove Zone Change No. 34-Z from the table. Commissioner Sherrouse seconded. The vote was 6-0 for approval to remove from table. K. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE 34-Z 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), on the property located on the West Side of Harkey Road, and Approximately 200 feet North of Sharondale Street. Senior Planner Grahmann read the staff report. Staff felt that residential use was best. Staff recommends denial. Commissioner Koza, Jr. made the motion to approve for the sake of discussion, and Commission Sherrouse seconded. There was much discussion regarding the location of the subject property and the daycare. Commissioner Diggs stated that it seemed the narrow road and traffic were a concern. Commissioner Koza, Jr. stated he was in favor of this zone change because no he doesn't feel anyone would want to build on Harkey anymore, a house will not maintain its value, and not enough property to tear down the existing building and rebuild. Commissioner Koza, Page 5 of 7, 2/5/07 P&Z Meeting L Jr. also stated that if we deny this, the City would be looking at a vacant building sitting there. Commissioner Diggs made a motion to table this item and let staff come back with a better use. Vice -Chairperson Greiner stated that she agreed with Commissioner Diggs. The motion failed for lack of a second. Much discussion continued among the Commission and Staff in regards to the Mixed Use District, the Comprehensive Plan, screening requirements, and best use of the property based on Staffs report. Commissioner Koza, Jr. reiterated that he was in favor of the zone change. Commissioner Diggs strongly stated he felt the zone change should be tabled until staff could do a more intensive search for the best use of the land. The applicant, Julieta Guerra was addressed by the Commission, and spoke of her business, and what she had planned with this zone change. Commissioner Fuertes asked why she did not apply for an Office Professional zoning. Ms. Guerra stated she would be okay with an OP zoning, as long as they could still do what they wanted. Commissioner West spoke in regards to structure. He stated that it did not appear that the building would need much modification, and that the Commission was there to determine the best use of the land. He also commented that if Staff was asked to come back with a report every time apiece of property touched or came near the thoroughfare, and then the Commission would not be doing Staff any favors. Commissioner Diggs stated that in response to Commissioner West comments that the only reason he would wish to table this zone change is because this property has an extensive amount of uses along the thoroughfare and this would be the only reason of why this needs to be addressed at this level. Commissioner Koza, Jr. stated that all the houses along Harkey do not face Harkey, but instead you are looking at the back of the homes. Commissioner Koza, Jr. made the motion to amend the motion to change the zoning classification to Office Professional (OP), and Commissioner Sherrouse seconded. The vote was 5-1 to approve. Commissioner Diggs was against. Commissioner Koza, Jr. made a motion to approve for OP, and Commissioner Sherrouse seconded. The vote was 4-2 for approval to Office Professional. Commissioner Diggs and Vice -Chairperson Greiner voted against. CONSIDERATION & POSSIBLE ACTION — Riverstone Ranch Phase One Master Plat Plans and Plat Administrator Keller stated the applicant has requested another 40- day extension. Page 6 of 7, 2/5/07 P&Z Meeting There was brief discussion in regards to the need for an extension. The vote was 6-0 for approval. VI. ADJOURNMENT Commissioner Koza, Jr. made the motion to adjourn the meeting, and Commissioner Diggs seconded. Vice -Chairperson Greiner adjourned the meeting at 8:10 p.m. These minutes are respectfully submitted by: Judy Krajc , Admikiistrati4e Planning Secretary Minutes approved as submitted and/or corrected on this19th day of February,A.D., 2007. i Ru(y Sand P&Z Chair6E Page 7 of 7, 2/5/07 P&Z Meeting