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2007-06-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JUNE 18, 2007 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER Chairperson Ruby Sandars called the Regular Planning & Zoning Meeting to order at 10:50 p.m. with the following present: P & Z Chairperson Ruby Sandars P & Z Commissioner Neil West 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, and Planning Secretary Judy Krajca. APPROVAL OF MINUTES June 4, 2007 1111. NEW BUSINESS L. CONSIDERATION & POSSIBLE ACTION – CAPITAL IMPROVEMENT PLAN Five -Year Capital Improvement Program 2008-2012 Assistant City Manager Mike Hodge addressed the issue of moving the Mykawa Road project up as a priority. Commissioner West made the motion to approve, and Commissioner Diggs seconded. The vote was 5-0. The CIP was approved. A. CONSIDERATION & POSSIBLE ACTION— Conditional Use Permit No. CUP2007-06 A request by Medallion Investments V Inc. and Aaron Patel, applicant for Nova Strategic Solutions, Ltd., owner, for approval of a Conditional Use Permit for a "Hotel' facility in the Business Park District – 288 (BP - 288). Page 1 of 6 P&Z 7/02/07 Commissioner Diggs made a motion to approve, and Commissioner Sherrouse seconded. Commissioner Fuertes expressed concern with putting a cap of 100 or less rooms on this hotel on the first phase. Commissioner Sherrouse expressed concern with the other portion of the land termed as Phase II and possibly a second hotel. Commissioner Diggs brought up the issue of more and more hotels coming to Pearland, but not the business. He expressed concern with the City losing sales tax revenue as the hotel status changes to extended stay business. Commissioner Sherrouse stated this is a good location for a hotel as it is non-residential. Chairperson Sandars stated she would like to see the applicant come back after the first hotel was built to decide on another hotel and any future building. Chairperson Sandars made a motion to amend by limiting one hotel for less than 100 rooms. Commissioner Fuertes seconded. The vote was 4-1. The CUP was approved. Commissioner Diggs opposed based on too many hotels. B. CONSIDERATION & POSSIBLE ACTION— Conditional Use Permit No. CUP2007-08 A request by T -Mobile Texas, L. P and Shawn St. John, applicant for Jung Hwan Kwak, owner, for approval of a Conditional Use Permit for a "cellular communications tower" in the Cullen Mixed Use District (C- MU). Commissioner Sherrouse made the motion to approve for the sake of discussion, and Commissioner Fuertes seconded. Chairperson Sandars stated it was too crowded for the area. Planning Director Krishnarao stated that this shopping strip/parking area was completed before the Unified Development Code went into affect, and that it will probably not meet UDC requirements. Commissioner Fuertes asked about the use of a water tower. Commissioner West asked Mr. St. John why they do not back off the main thoroughfare. Mr. St. John explained that the use of the cell towers is near the thoroughfare, and T -Mobile already has sites in residential areas. Commissioner Diggs made a motion to table this item, and Commissioner Fuertes seconded. Page 2 of 6 P&Z 7/02/07 The vote to table CUP2007-08 was 2-3. The motion failed. The vote was 2-3. CUP2007-08 was denied for reasons given in Staff report. C. CONSIDERATION & POSSIBLE ACTION— Conditional Use Permit No. CUP2007-09 A request by T -Mobile Texas, L. P and Shawn St. John, applicant for Shirley J. Cooper -Harris, owner, for approval of a Conditional Use Permit for a "cellular communications tower" in the Single Family Estate District (RE). Commissioner Fuertes made the motion to approve, and Commissioner Diggs seconded. Chairperson Sandars made a motion to amend with Staff's recommendation of Option No. 1 and Option No. 3. Commissioner Sherrouse seconded. The vote was 5-0 to approve the motion. The vote was 5-0. CUP2007-09 was approved with Option No. 1 and No. 3 of Staff's report. D. CONSIDERATION & POSSIBLE ACTION— Conditional Use Permit No. CUP2007-10 A request by Hope Church and Gentry McColm, Pastor, applicant for Assured Blessing Ministry, Inc., owner, for approval of a Conditional Use Permit for a "church" in the Single Family Estate District (RE). Commissioner Fuertes made the motion to approve, and Commissioner Diggs seconded. Chairperson Sandars expressed concern with environmental issues. Commissioner Sherrouse stated she doe not feel this land will ever be residential, and a church was a good use. Ms. Sherrouse also stated that drainage might be a positive aspect for the neighbors. Commissioner Fuertes addressed the Pastor, Mr. McColm, and asked how long before they would begin building. Pastor McColm stated approximately two years. Chairperson Sandars made a motion to amend with the four conditions listed in the Staff report. Commissioner West seconded. The vote was 5-0. The motion to amend was approved. Page 3 of 6 P&Z 7/02/07 The vote was 5-0. CUP2007-10 was approved with Staff's recommendation in Staffs report. E. CONSIDERATION & POSSIBLE ACTION— Conditional Use Permit No. CUP2007-12 A request by Verde Development Group, owner, for approval of a Conditional Use Permit for a "gymnastics instruction and training facility" in the Light Industrial District (M-1). Commissioner Sherrouse made a motion to approve, and Commissioner Fuertes seconded. Chairperson Sandars discussed safety issues that were addressed at the Joint Public Hearing. Commissioner Sherrouse commented that it was good to hear from the businesses. The vote was 0-5. CUP2007-12 was denied, as it does not fit the area. F. CONSIDERATION & POSSIBLE ACTION— Zone Change No. 2007- 07Z A request by Horizon Group International, applicant for Hospitality, D.C., 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 – 1 District (R-1) to General Business Retail District (GB). Commissioner Fuertes made the motion to approve, and Commissioner Diggs seconded. There was no discussion. The vote was 5-0. Zone Change No. 2007-07Z was approved. G. CONSIDERATION & POSSIBLE ACTION—Final plat of The Lakes at Highland Glen Section Ten A request by Chuck Davis, C.L. Davis & Company, for Greg Coleman, Beazer Homes, owner, for approval of a final plat of 12.5116 acres zoned PUD into 47 lots as residential areas. The property is located west of Pearland Parkway and north of East Orange Street. Plans and Plat Administrator Keller read the Staff report. There are no outstanding items. Page 4 of 6 P&Z 7/02/07 Commissioner Fuertes made the motion to approve, and Commissioner Diggs seconded. The vote was 5-0. The Plat was approved. H. CONSIDERATION & POSSIBLE ACTION—Final plat of The Lakes at Highland Glen Section Thirteen A request by Chuck Davis, C.L. Davis & Company, for Greg Coleman, Beazer Homes, owner, for approval of a final plat of 32.5392 acres zoned PUD into 101 lots as residential areas. The property is located west of Pearland Parkway and north of East Orange Street. Plans and Plat Administrator Keller read the Staff report. There are no outstanding items, except recordation data will need to be noted on the plat. Commissioner Fuertes made the motion to approve, and Commissioner Sherrouse seconded. The vote was 5-0. The Plat was approved. I. CONSIDERATION & POSSIBLE ACTION—Preliminary plat of Alexan Shadow Creek Ranch. A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for Shadow Creek Ranch Development Co., owner, for approval of a preliminary plat of 20.4436 acres zoned PUD as residential areas. The property is located south of Shadow Creek Parkway between Kirby and Reflection Bay Drive. Plans and Plat Administrator Keller read the Staff report. There are no outstanding items. Commissioner Sherrouse made the motion to approve, and Commissioner Diggs seconded. The vote was 5-0. The Plat was approved. J. CONSIDERATION & POSSIBLE ACTION—Final plat of Jamison Landing A request by Paul Dickson, Hamilton Homes, for Jamison Landing Land Company, LP., owner, for approval of a final plat of 17.5127 acres zoned R-4 as residential areas. The property is located Page 5 of 6 P&Z 7/02/07 southeast of East Broadway and Dixie Farm Road between Pine Hollow Drive and Pine Valley Drive. Plans and Plat Administrator Keller read the Staff report. The applicant did not resubmit, withdraw, or ask for an extension of time. Commissioner Sherrouse made the motion to approve, and Commissioner Diggs seconded. The vote was 0-5. The Plat was denied. K. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW CREEK RANCH COMMERICAL SITE NO. 16B A request by Tina Kast, LJA Engineering & Surveying, Inc, for Buc- ee's, Limited Partnership, owner, for approval of a preliminary plat of 1.630 acres zoned PUD into 1 lot for commercial purposes. The property is located North of Shadow Creek Parkway. and West at 288. Plans and Plat Administrator Keller stated that the plat has been withdrawn, and no action was necessary. IV. ADJOURNMENT Chairperson Ruby Sandars adjourned the meeting at 11:47 p.m. These minutes are respectfully submitted by: LX:Z: " a4 -ca -- Judy Kra' a, AdMinistralketPlanning Secretary Minutes approved as submitted and/or corrected on this 2nd day of July, A.D., 2007. 1 Ruby. Sandars P&Z Chairperson Page 6 of 6 P&Z 7/02/07