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2007-06-04 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JUNE 4, 2007 AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Chairperson Ruby Sandars called the Regular Planning & Zoning Meeting to order at 7:08 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 Jerry Koza, Jr. P & Z Commissioner Darrell Diggs P & Z Commissioner Susan Sherrouse P & Z Commissioner Henry Fuertes Also in attendance were: Assistant City Manager Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller, Planner Tim Chi, Deputy City Attorney Nghiem Doan and Planning Secretary Judy Krajca. II. APPROVAL OF MINUTES May 21, 2007 III. NEW BUSINESS A. Input and Discussion — Workshop of the Five -Year Capital Improvement Program 2008-2012, Presented by Mike Hodge and Trent Epperson Presentation began at 6:00 p.m. No Action was necessary. F. PUBLIC HEARING — Replat of a Portion of Sterling Grove Chairperson Ruby Sandars called the Public Hearing to order at 7:10 p.m. Plans and Plat Administrator Keller read the purpose of the hearing. There was no discussion. Chairperson Ruby Sandars adjourned the Hearing at 7:15 p.m. G. CONSIDERATION & POSSIBLE ACTION — Replat of a Portion of Sterling Grove Page 1 of 6 P&Z 6/04/07 A request by C.L. Davis & Co. Land Surveying, for Robert S. Steele, W & N Enterprise, owner, for approval of a partial replat of 23.0988 acres zoned Light Industrial District into 1 lot for commercial purposes. The property is located south of McHard fronting on Mykawa road. Plans and Plat Administrator Keller read the Staff report. There were several outstanding items, and Staff was working with the applicant in resolving issues. Vice -Chairperson Greiner made the motion to approve with Staff's comments, and Commissioner Sherrouse seconded. The vote was 7-0. The plat was approved with Staff's comments. H. CONSIDERATION & POSSIBLE ACTION — Final Plat of Southern Trails Phase 1 Section 7 A request by Alan McKee, Pate Engineers, Inc., for CL, Ashton Woods, L.P., owner, for approval of a final plat of 28.19 acres zoned PUD into 92 lots as residential areas. The property is located South of FM 518 and East of Kingsley (CR 48). Plans and Plat Administrator Keller read the Staff report. There were several outstanding items, but Staff was recommending approval, as they are minor issues. Vice -Chairperson Greiner made the motion to approve with Staff's comments, and Commissioner West seconded. Chairperson Sandars stated there were too many outstanding items, and Commissioner Diggs agreed. The vote was 7-0. The plat was approved with Staff's comments. CONSIDERATION & POSSIBLE ACTION — Final Plat of Southern Trails Phase 1 Section 8 A request by Alan McKee, Pate Engineers, Inc., for CL, Ashton Woods, L.P., owner, for approval of a final plat of 15.38 acres zoned PUD into 42 lots as residential areas. The property is located south of FM 518 and East of Kingsley (CR 48). Page 2 of 6 P&Z 6/04/07 Plans and Plat Administrator Keller read the Staff report. There were several outstanding items, but Staff was recommending approval, as they are minor issues. Commissioner West made the motion to approve, and Commissioner Fuertes seconded. Commissioner Diggs made a motion to amend by adding approval with Staff's comments, and Commissioner Fuertes seconded. The vote to amend the motion was 7-0 for approval. The vote was 7-0. The plat was approved with Staff's comments. J. CONSIDERATION & POSSIBLE ACTION —Preliminary Plat of Cullen Park Estates Plans and Plat Administrator Keller read the Staff report. There was one outstanding item. Vice -Chairperson Greiner made a motion to approve with Staff's comments, and Commissioner Koza, Jr. seconded. The vote was 7-0. The plat was approved with Staff's comments. Chairperson Sandars recessed the meeting at 7:22 p.m. Chairperson Sandars reconvened the meeting at 1&51 p.m. B. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP2007-05 A request by Tal -Con and Chris Talbert, applicant for Town Lake, L.P. and Renee McGuire, owner, for approval of a Conditional Use Permit for a "Mini -Warehouse and Self Storage" facility in the General Commercial District (GC), on the property located on the East Side of SH 35 (Main Street), on the South Side of Oiler Drive, and on the North Side of English Lake Drive. Vice -Chairperson Greiner made the motion to approve for the sake of discussion, and Commissioner Koza, Jr. seconded. The Commission had several concerns and even addressed the applicant, Mr. Talbert, in regards to height of the building, outside storage, and shared -access of driveways with the adjoining developer. Page 3 of 6 P&Z 6/04/07 Commissioner Koza, Jr. made the motion to amend the original motion and add conditions to the CUP. Chairperson Sanders seconded. Conditions to the CUP are: • No outside storage • One story building, only • Height restriction of twenty (20') feet or less • Cross access agreement with adjoining properties • Opening of storage units do not face Highway 35 • Follow all requirements of the UDC The vote was 5-1 to approve the amendment. Commissioner Diggs opposed. Commissioner West abstained. The vote was 0-7. The Conditional Use Permit was denied. Reasons for denial were: It was not the beest use of the land, lack of buffer, storage next to residential, new corridor area, and all the public comments from the Joint Public Hearing. C. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP2007-07 A request by HEB Grocery Company, LP, applicant for Shadow Creek Retail, LP, owner, for approval of a Conditional Use Permit for the use of "polycarbonate materials in lieu of a glass fagade" in the General Commercial District (GC), on the property located on the West Side of SH 288, and on the North Side of Broadway Street. Vice -Chairperson Greiner made a motion to approve, and Commissioner Koza, Jr. seconded. Chairperson Sandars stated she was not in favor of changing the UDC to included Polycarbonate as a material, in lieu of glass. The vote was 7-0. The CUP was approved. D. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2007-05Z A request by ONS Investments, LLC, applicant for Hersh Kumar, 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 Cullen Mixed Use District (C -MU) to Page 4 of 6 P&Z 6/04/07 General Commercial District (GC), on the property located on the East Side of Cullen Boulevard, and Approximately 500 Feet North of Hughes Ranch Road (County Road 403). Vice -Chairperson Greiner made the motion to approve for the sake of discussion, and Commissioner Sherrouse seconded. Commissioner Fuertes stated that what he recalled from the Joint Public Hearing was that four Council Members were opposed, and Staff recommended denial, for the reasons given in the Staff report. Chairperson Sandars stated that Staff worked hard to obtain the Cullen Mixed Use District. Planning Director Krishnarao spoke in great detail of adopting the Cullen Mixed Use District. Much discussion ensued between the Commission/Staff/Applicant about the best use of the land. The vote was 0-7. The Zone Change was denied for reasons given by Staff in the staff report. E. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2007-06Z A request by Freeman T. and 011ie A. Wyche, 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 General Business Retail District (GB) to Single Family Residential — 2 District (R-2), on the property located on the North Side of Fite Road, and Approximately 350 Feet West of Cullen Boulevard. Commissioner Koza, Jr. made the motion to approve for the sake of discussion, and Vice -Chairperson Greiner seconded. Commissioner Sherrouse stated this zoning helps blend existing zoning of surrounding areas. Planning Director Krishnarao stated that Fite Road would handle a R-2 zoning better than a GB zoning. Discussion ensued whether to zone the entire six (6) acres to R-2. The vote was 7-0. The zone change was approved. F. CONSIDERATION & POSSIBLE ACTION — Amendments to the Unified Development Code (UDC) Page 5 of 6 P&Z 6/04/07 A request by the City of Pearland, for approval of amendments to Ordinance No. 2000T, the Unified Development Code of the City of Pearland. Vice Chairperson Greiner made the motion to approve with typographical correction on Page 84, item 5 "three -hundred feet (300)", and Commissioner Fuertes seconded. The vote was 7-0 for approval. L. DISCUSSION ITEMS Commissioner discussed upcoming meeting on June 18, 2007, and ULI Luncheon/Workshop. IV. ADJOURNMENT Chairperson Ruby Sandars adjourned the meeting at 11:43 p.m. These minutes are respectfully submitted by: Judy K4ajca, VdminisOativg Planning Secretary Minutes approved as submitted and/or corrected on this 18th day of June, A.D., 2007. J�l Ruby Sandars P&Z Chairperson Page 6 of 6 P&Z 6/04/07