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2007-04-02 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD APRIL 02, 2007 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The Regular Meeting was called to order at 8:28 p.m. with the following present: P&Z Chairperson Ruby Sandars P&Z Commissioner Neil West P&Z Commissioner Susan Sherrouse P&Z Commissioner Henry Fuertes P&Z Commissioner Darrell Diggs Also in attendance: Deputy City Attorney Nghiem Doan; Assistant City Manager Nick Finan; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan and Plat Administrator Richard Keller; Planner I Tim Chi; and Planning Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES Commissioner Sherrouse made the motion to approve, and Commissioner Diggs seconded. The vote was 6-0 for approval of the minutes of March 19, 2007. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION—CONDITIONAL USE PERMIT NO. 2007-03 A request by Chris Talbert, applicant for JM Projects, LLC, and Jerome Karam, owners, for approval of a Conditional Use Permit for a "Mini - Warehouse and Self Storage" facility in the Heavy Industrial District (M-2). - No action necessary. Conditional Use Permit was withdrawn. B. CONSIDERATION & POSSIBLE ACTION—CONDITIONAL USE PERMIT NO. 2007-04 A request by McGuff Architects, applicant for Warner Heathman, D.D.S., owner, for approval of a Conditional Use Permit for a "Lesser Percentage of Transparency for Overall Fagade or Store Front Windows" for a new building located in the Old Townsite Mixed Use District (OT -MU). Commissioner Diggs made the motion to approve, and Commissioner West seconded. Commissioner Diggs asked how much of the sidewalks were visible and if the sidewalk was on the other side of port cache. Mr. Jack McGuff stated that the owner will provide additional walkways and benches if needed. Chairperson Sandars expressed a concern with this being the first to be built in the Old Townsite, and the concern with future business. Commissioner Sherrousse Had concerns with the elevation and asked for clarification. Commissioner Diggs asked Staff and Legal if they had to be strict because they were the first to come forward in the Old Townsite. Planning Director Krishnarao explained that everyone has met city requirements that have built. And the fact that a company was hired to put the Old Townsite Development Plan together, a lot of research went into this. Staff is saying that the applicant could meet the requirements. Mr. McGuff stated that the applicant could meet the 25%, but they are asking for a CUP because of the nature of the business. Commissioner Fuertes stated that he feels this blends in with other businesses in the Old Townsite, and asked the applicant if they could give more, such as 15%. Discussion continued with Planning Director Krishnarao clarifying the definition of storefront windows. There was much discussion among the Commission and Staff. Several motions were made, but all died for the lack of a second. Commissioner Fuertes made the motion to reconsider, and Commissioner Sherrouse seconded. The vote was 4-1 to reconsider. The motion was approved. Commissioner Sherrouse made the motion to amend the 20% on the Walnut side, lift the restriction for the 20% on the storefront side, and impose mahogany for doors. Commissioner Diggs seconded. The vote was 4-1 for approval. C. CONSIDERATION & POSSIBLE ACTION—ZONE CHANGE NO. 2007- 4Z A request by Julio Lybrand, applicant for 288 and 59 II, 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 Business Park District – 288 (BP -288) to Planned Development District (PD). Planning Director Krishnarao stated that Staff was in favor of the Zone Change, but is a Planned Development necessary. Commissioner Sherrouse stated she would like to see a more detailed PD. There was much discussion of whether to approve or not. The applicant stated they do have a lot to work out, including the Traffic Impact Analysis, purchasing property, and addressing specific uses within the PD. Chairperson Sandars made the motion to table until they can bring back with more details. Commissioner Diggs seconded. The vote was 1-4. The motion failed. Commissioner Fuertes voted in favor. Planning Director Krishnarao asked the applicant to bring this back with everything in place. Want to see a more detailed plan, including landscaping and a trail plan. D. CONSIDERATION & POSSIBLE ACTION—FINAL PLAT OF SHADOW CREEK MARKETPLACE A request by LJA Engineering & surveying Inc, for Gulf Coast Commercial, owner, for approval of a final plat subdivision of 49.405 acres zoned PD into 4 lots as commercial area. The properties are located to the west of S.H. 288 and east of Kirby Drive. Plans and Plat Administrator Keller read the Staff report. This plat was previously approved, but needed lot layouts. Two of the eight outstanding items have been eliminated. Staff recommends approval with staff comments. Commissioner Sherrouse made the motion to approve, and Commissioner Diggs seconded. The vote was 5-0 for approval, with staff comments. E. CONSIDERATION & POSSIBLE ACTION—FINAL PLAT OF SHADOW CREEK RANCH COMMERCIAL SITE NO. 20-B A request by LJA Engineering & Surveying, Inc, for Pearland Capital Group, LP, owner, for approval of a final plat area of 4.25 acres zoned PD into 1 lot for commercial purposes. The property is located to the west of Kirby Drive and north of Reflection Bay Drive along the Shadow Creek Parkway. Plans and Plat Administrator Keller read the Staff report. There are no outstanding items. Commissioner Diggs made the motion to approve, and Commissioner West seconded. The vote was 4-0 for approval. Commissioner Fuertes recused himself from the vote. F. CONSIDERATION & POSSIBLE ACTION—FINAL PLAT OF SHADOW CREEK RANCH COMMERCIAL SITE NO. 20-D A request by LJA Engineering & Surveying, Inc, for Hai T. Nguyen and Mary V. Nguyen, owners, for approval of a final plat area of 3.5 acres zoned PD into 1 lot for commercial purposes. The property is located to the west of Kirby Drive and northeast of reflection Bay Drive. Plans and Plat Administrator Keller read the Staff report. There were no outstanding items; however, Staff is waiting on the Deputy City Attorneys receipt of the original bond. Commissioner Diggs made the motion to approve pending attorney's receipt of original bond, and Commissioner West seconded. The vote was 4-0 for approval. Commissioner Fuertes recused himself from the vote. G. CONSIDERATION & POSSIBLE ACTION—FINAL PAT OF SHADOW CREEK RANCH SF -61 A request by Jason Banda, LJA Engineering & Surveying, Inc, for Pearland Investments, LP, owner, for approval of a final plat area of 24.794 acres zoned PD into 84 lots for residential purposes. The property is located to the southwest of Shadow Creek Parkway. Plans and Plat Administrator Keller stated that this plat had been withdrawn. No action necessary. H. CONSIDERATION & POSSIBLE ACTION—FINAL PLAT OF SHADOW CREEK RANCH SF -62 A request by Jason Banda, LJA Engineering & Surveying, Inc, for Pearland Investments, LP, owner, for approval of a final plat area of 9.656 acres zoned PD into 30 lots for residential purposes. The property is located to the southwest of Shadow Creek Parkway. Plans and Plat Administrator Keller stated that this plat had been withdrawn. No action necessary. 1. CONSIDERATION & POSSIBLE ACTION—PRELIMINARY PLAT OF STREET DEDICATION PLAT FOR PORTIONS OF CR 58 AND SAVANNAH PARKWAY A request by Kerry Gilbert & Associates Inc, for Savannah Development, Ltd, owner, for approval of a preliminary street dedication plat of +/- 12.7 acres in an Extra -Territorial Jurisdiction (E.T.J.) of the City of Pearland. The site is located at the intersection of Savannah Parkway and County Road 58 (Post Road). Plans and Plat Administrator Keller read the Staff report. There were two outstanding items. Commissioner Fuertes made the motion to approve with staffs recommendations, and Commissioner West seconded. The vote was 5-0 for approval. J. CONSIDERATION & POSSIBLE ACTION—PRELIMINARY PLAT OF SAVANNAH SCHOOL SITE AND FIRE STATION RESERVES A request by Kerry Gilbert & Associates Inc, for Savannah Development, Ltd, owner, for approval of a preliminary plat area of +/- 15.7 acres in an Extra -Territorial Jurisdiction (E.T.J.) of the City of Pearland. The site is located at the northeast corner of the intersection of savannah Parkway and County Road 58. Plans and Plat Administrator Keller read the Staff report. There were no outstanding items. Commissioner West made the motion to approve, and Commissioner Sherrouse seconded. The vote was 5-0 for approval. K. CONSIDERATION & POSSIBLE ACTION—PRELIMINARY PLAT OF SAVANNAH CHURCH SITE A request by Kerry Gilbert & Associates Inc, for Savannah Development, Ltd, owner, for approval of a preliminary plat area of +/- 12.6 acres in an Extra -Territorial Jurisdiction (E.T.J.) of the City of Pearland. Plans and Plat Administrator Keller read the Staff report. There were no outstanding items. Commissioner Diggs made the motion to approve, and Commissioner West seconded. The vote was 5-0 for approval. L. CONSIDERATION & POSSIBLE ACTION—PRELIMINARY PLAT OF SHADOW CREEK CROSSING WEST A request by Aaron Bourgeois -Lentz Engineering, L.C., for Shadow Creek Ranch Development Co., L.P., owner, for approval of a preliminary plat subdivision of 15.7723 acres zoned PD into 6 lots for commercial purposes. The properties are located at the intersection of Shadow Creek Parkway and Reflection Bay Drive. Plans and Plat Administrator Keller read the Staff report. There were no outstanding items. Commissioner West made the motion to approve, and Commissioner Diggs seconded. The vote was 4-0 for approval. Commissioner Fuertes recused himself from the vote. M. CONSIDERATION & POSSIBLE ACTION—PRELIMINARY PLAT OF SOUTHERN TRAILS WEST SECTION TWO A request by Dausha Moore / Carol Redd, EHRA, for The Stoddard Group, Ltd, owner, for approval of a preliminary plat subdivision of 40.70 acres zoned PD into 117 lots as residential area. The property is located near Broadway and Kingsley Dr. Plans and Plat Administrator Keller read the Staff report. There were no outstanding items. Commissioner Sherrouse made the motion to approve, and Commissioner Fuertes seconded. The vote was 5-0 for approval. N. CONSIDERATION & POSSIBLE ACTION—FINAL PLAT OF SAVANNAH MEADOWS SECTION SIX A request by Brown & Gay Engineers, Inc, for Savannah Development, Ltd, owner, for approval of a final plat subdivision of 12.50 acres in an Extra -Territorial Jurisdiction (E.T.J.) of the City of Pearland into 46 lots as residential area. The property is located north of Hwy 6 and west of Hwy 288 Plans and Plat Administrator Keller stated that this plat has been withdrawn. No action necessary. O. CONSIDERATION & POSSIBLE ACTION—FINAL PLAT OF SAVANNAH LANDING SECTION FOUR A request by Brown & Gay Engineers, Inc, for Savannah Development, Ltd, owner, for approval of a final plat subdivision of 9.970 acres in an Extra -Territorial Jurisdiction (E.T.J.) of the City of Pearland into 22 lots as residential area. The property is located north of Hwy 6 and west of Savannah Parkway. Plans and Plat Administrator Keller stated that this plat has been withdrawn. No action necessary. P. CONSIDERATION & POSSIBLE ACTION—FINAL PLAT OF SAVANNAH COVE SECTION TWO A request by Brown & Gay Engineers, Inc, for Savannah Development, Ltd, owner, for approval of a final plat subdivision of 19.24 acres in an Extra -Territorial Jurisdiction (E.T.J.) of the City of Pearland into 57 lots as residential area. The property is located north of Hwy 6 at the southwest corner of C.R. 58 and Savannah Parkway. Plans and Plat Administrator Keller stated that this plat has been withdrawn. No action necessary. Q. CONSIDERATION & POSSIBLE ACTION ---FINAL PLAT OF SAVANNAH BEND SECTION TWO A request by Brown & Gay Engineers, Inc, for Savannah Development, Ltd, owner, for approval of a final plat subdivision of 37.77 acres in an Extra -Territorial Jurisdiction (E.T.J.) of the City of Pearland into 119 lots as residential area. The property is located north of Hwy 6 and west of Hwy 288. Plans and Plat Administrator Keller stated that this plat has been withdrawn. No action necessary. IV. ADJOURNMENT Chairperson Sandars adjourned the meeting at 9:54 p.m. These minutes are respectfully submitted by: Judy r"inistrnning Secretary Minutes approved as submitted and/or corrected on this 30th day of April, 2007 A.D.