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2008-01-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JANUARY 21, 2008 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER Chairperson Henry Fuertes called the meeting to order at 10:26 p.m. with the following present: P & Z Chairperson Henry Fuertes P & Z Commissioner Ron Capehart P & Z Commissioner Charles Gooden, Jr. P & Z Commissioner Susan Sherrouse P & Z Commissioner Darrell Diggs (arrived at 10:28 p.m.) P & Z Commissioner Neil West (arrived at 10:28 p.m.) 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 Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES Commissioner Capehart made the motion to approve, and Commissioner Sherrouse seconded. The vote was 5-0 for approval of the minutes of January 7, 2008. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP2008-02 A request by Pearland Hughes West Investments, Ltd., owner, for approval of a Conditional Use Permit for a "church" facility in the Neighborhood Service District (NS), on the following described property, to wit: Legal Description: 5.5394 acres, being Restricted Reserve "A", Block 1, of the Final Plat of Stepping Stone No. 3, a subdivision of land located in the H.T. & B.R.R. Company Survey, Abstract 242, according to the map or plat thereof recorded in Volume 24, Page 45, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of FM Page 1 of 9, P&Z Minutes, 01/21/08 518 (Broadway Street), and on the West Side of Tranquility Lakes Boulevard. Vice -Chairperson Koza, Jr. made the motion to approve, and Commissioner Sherrouse seconded. There was no discussion. The vote was 7-0. CUP2008-02 was approved. B. CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP2008-03 A request by Betty Jones, applicant for S. Kevin Price, owner, for approval of a Conditional Use Permit for a "gaming establishment" facility in the General Commercial District (GC), on the following described property, to wit: Legal Description: 0.86 acres of land, out of a 9.6809 acre tract, being all the land remaining unsold out of that certain 13.892 acre tract of land described in Volume 636, Page 695, of the Deed Records of Brazoria County, Texas, situated in the A.C.H. & B. Survey, Abstract 416, and the H.T. & B.R.R. Company Survey, Abstract 292, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of SH 35 (Main Street), and on the North Side of Hastings Cannon Road (CR 128). Commissioner Capehart made the motion to approve, and Vice - Chairperson Koza, Jr. seconded. Discussion ensued in regards to the gaming ordinance. Applicant Kevin Price was present and spoke that he would be in compliance with the ordinance within 48 hours. Discussion continued in regards to the previous gaming establishment. Commissioner Gooden, Jr. commented that these establishments could operate illegally. Commissioner Sherrouse asked in general if this use was appropriate in this neighborhood, and stated that she agrees with staff's comments. The vote was 6-1, with Commissioner Gooden, Jr. voting in opposition. CUP2008-03 was approved. C. CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP2008-04 Page 2 of 9, P&Z Minutes, 01/21/08 III A request by Thomas L. Toney, applicant for Celalettin Demir, owner, for approval of a Conditional Use Permit for a "gaming establishment" facility in the General Commercial District (GC), on the following described property, to wit: Legal Description: Lot 6 of Johnston Subdivision, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of FM 518 (Broadway Street), and Approximately 600 Feet East of Harkey Road. Commissioner Capehart made the motion to approve, and Vice - Chairperson Koza, Jr. seconded. Commissioner Diggs expressed same concerns as the previous gameroom CUP; however, this establishment is in a residential area. Commissioner Diggs stated he was not necessarily in favor, and that the Commission needs to be careful where and how many gaming establishments are allowed in the city. The vote was 0-7. CUP2008-04 was denied. Reasons for denial were same as those in staff's report, as well as, concerns of proximity to schools and residents, and same issues as the previous CUP. CONSIDERATION & POSSIBLE ACTION - Zone Change No 2008-02Z A request by Sonya Ann Dare, 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 Neighborhood Service District (NS), on the following described property, to wit: Legal Description: 0.550 acres of land, Lot 1L, out of the Northwest one-fourth of the H.T. & B.R.R. Company Survey, Section 11, Abstract 239, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of Walnut Street, and Approximately 100 Feet East of McLean Road. Commissioner Capehart made the motion to approve, and Commissioner Gooden, Jr. seconded. Commissioner Capehart modified his motion for the approval of the zone change to Office Professional (OP), and not Neighborhood Page 3 of 9, P&Z Minutes, 01/21/08 Services (NS). Commissioner Gooden, Jr. seconded. There was brief discussion in regards to the types of uses allowed under OP verses NS and the reduction of traffic if OP is approved. The vote was 7-0. Zone Change 2008-02Z was approved for OP. E. CONSIDERATION & POSSIBLE ACTION - Zone Change No. 2008-03Z A request by Thu Trinh, applicant for Dung Hung Ta, 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 Office and Professional District (OP) to Light Industrial District (M-1), on the following described property, to wit: Legal Description: 9.7036 acres of land, Lot 22, H.T. & B.R.R. Company Survey, Section 8, Abstract 504, as recorded in Book 2, Pages 23 and 24 of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Roy Road, and Approximately 500 Feet North of FM 518 (Broadway Street). Commissioner Capehart made the motion to approve, and Commissioner Diggs seconded. There was much discussion in regards to Light Industrial (M-1) zoning and General Commercial (GC). The Commission also discussed concerns with improvements to roads. Vice -Chairperson Koza, Jr. made the motion to table, with the applicant meeting with staff to decide the best zoning use, and Commissioner West seconded. The vote was 7-0. Zone Change No. 2008-03Z was tabled. F. CONSIDERATION & POSSIBLE ACTION - Zone Change No. 2008-01 Z A request by David Pearlman, applicant for Classic Self Storage LLC, 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 Estate District (RE) to General Business Retail District (GB), on the following described property, to wit: Page 4 of 9, P&Z Minutes, 01/21/08 G. 2 Legal Description: 5.00 acres, Abstract 506, H.T. & B.R.R. Company Survey, Tract 6 -7A -7E, City of Pearland, Brazoria County, Texas General Location: Generally Located on the North Side of Hughes Ranch Road (County Road 403), and Approximately 600 Feet West of Linda Lane. Commissioner Capehart made the motion to approve, and Commissioner West seconded. Mr. Bill Schmidt was present and spoke on behalf of the applicant, Mr. Pearlman. Mr. Schmidt stated that this facility would remain a storage facility, and if they are asked to do a Planned Development (PD), they would. Much discussion ensued, with the Commission asking the applicant to return with a PD. The vote was 0-7. Zone Change No. 2008-0lZ was denied. CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP2008-01 A request by David Pearlman, applicant for Classic Self Storage LLC, owner, for approval of a Conditional Use Permit for a "mini - warehouse and self storage" facility in the General Business Retail District (GB), on the following described property, to wit: Legal Description: 5.00 acres, Abstract 506, H.T. & B.R.R. Company Survey, Tract 6 -7A -7E, City of Pearland, Brazoria County, Texas General Location: Generally Located on the North Side of Hughes Ranch Road (County Road 403), and Approximately 600 Feet West of Linda Lane. No action necessary due to denial of Zone Change No. 2008-01Z. CONSIDERATION & POSSIBLE ACTION - Zone Change No. 2008-04Z A request by GC Engineering, Inc., applicant for Historic Real Estate, 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 Spectrum District (SPD) to Page 5 of 9, P&Z Minutes, 01/21/08 Planned Development District (PD), on the following described property, to wit: Legal Description: 48.4712 acres out Lot 5 of the James Hamilton Survey, Abstract 881, according to the map or plat thereof recorded in Volume 83, Page 342, of the Deed Records of Harris County, Texas, City of Pearland, Harris County, Texas, General Location: Generally Located on the West Side of State Highway 288, and on the North Side of Shadow Creek Parkway. Commissioner Capehart made the motion to approve, and Vice - Chairperson Koza, Jr. seconded. Much discussion ensued. Commissioner Capehart made the motion to table, and Commissioner Gooden, Jr. seconded. The vote was 7-0. Zone Change No. 2008-04Z was tabled. Chairperson Fuertes called for a brief recess of the meeting at 12:13 a.m. Action Deadline: January 24, 2008 I. PUBLIC HEARING—Partial Replat 518—Dixie Plaza A request by Scott Hunter, CEI Engineering Associates, Inc., for Wal-Mart Real Estate Business Trust, owner, for approval of a partial replat of 0.644 acres zoned General Commercial (GC). The applicant is proposing a partial replat to subdivide restrictive Reserve A located west of Dixie Farm Road and south of Broadway Street, and the property is described as follow: A subdivision of 0.644 acre of land being a partial replat of restrictive Reserve A 518 -Dixie Plaza Subdivision, Volume 22, Page 289, P.R.B.C.T. in the W.D.C. Hall League, Abstract No. 70, City of Pearland, Brazoria County, Texas. Chairperson Fuertes opened the public hearing for Partial Replat 518 -Dixie Plaza at 12:20 a.m. Chairperson Fuertes read the purpose of the hearing. Plans and Plat Administrator Keller read the staffs report. Page 6 of 9, P&Z Minutes, 01/21/08 Chairperson Fuertes adjourned the hearing at 12:22 a.m. J. CONSIDERATION & POSSIBLE ACTION— Partial Replat 518— Dixie Plaza A request by Scott Hunter, CEI Engineering Associates, Inc., for Wal-Mart Real Estate Business Trust, owner, for approval of a partial replat of 0.644 acres zoned General Commercial (GC). The applicant is proposing a partial replat to subdivide restrictive Reserve A located west of Dixie Farm Road and south of Broadway Street, and the property is described as follow: A subdivision of 0.644 acre of land being a partial replat of restrictive Reserve A 518 -Dixie Plaza Subdivision, Volume 22, Page 289, P.R.B.C.T. in the W.D.C. Hall League, Abstract No. 70, City of Pearland, Brazoria County, Texas. Plans and Plat Administrator Keller read the staff report stating that all outstanding items had been satisfied. Commissioner Sherrouse made the motion to approve, and Commissioner Gooden, Jr. seconded. The vote was 7-0. The plat was approved. K. CONSIDERATION & POSSIBLE ACTION—Preliminary Right Of Way Plat of Shadow Creek Ranch Broadway Street Extension from Kingsley Drive to Kirby Drive. A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for City of Pearland, owner, for approval of a preliminary Right Of Way plat of 16.757 acres zoned Shadow Creek Ranch Planned Unit Development (PUD). The applicant is proposing the section of Broadway Street Right of Way located between Kingsley Drive and Kirby Drive, and the property is described as follow: Being 16.757 acres of land situated in the H.T. & B.R.R. Co. Survey, Section 81, Abstract 300, the H.T. & B.R.R. Co. Survey, Section 80, Abstract 564, the H.T. & B.R.R. Co. Survey, Section 82, Abstract 565, and the T.C.R.R. Co. Survey, Section 3, Abstract 678, Brazoria County, Texas. Plans and Plat Administrator Keller read the staff report stating that there were no outstanding items. Vice -Chairperson Koza, Jr. made the motion to approve, and Commissioner Capehart seconded. Page 7 of 9, P&Z Minutes, 01/21/08 L. Ap The vote was 7-0. The plat was approved. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Riverstone Ranch Site A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for Pasadena Independent School District, owner, for approval of a preliminary plat of 16.690 acres zoned Single Family Residential (R-1) in an area with cluster development. The applicant is proposing (1) lot located to the southwest of Riverridge Park Lane, and the property is described as follow: A subdivision of 16.690 acres of land situated in the T.J. Green Survey, Abstract 290, City of Pearland, Harris County, Texas; also being a replat of Lots 39-42 and 54-56 of the Allison Richey Gulf Coast Home Company Subdivision, Section "G", a subdivision of record in Volume 4, Page 48, map records of Harris County, Texas. City of Pearland, Harris County, Texas. Plans and Plat Administrator Keller read the staff report stating that all outstanding items had been satisfied. Vice -Chairperson Koza, Jr. made the motion to approve, and Commissioner Capehart seconded. The vote was 7-0. The plat was approved. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Serene Gardens A request by Edgar Cagas, The Wilson Survey Group, for Hieppham, Inc., owner, for approval of a preliminary plat of 9.7979 acres zoned Single Family Residential (R-3). The applicant is proposing (7) lots located east of Smith Ranch Road, south of Hughes Ranch Road, and west of Harrington Drive, and the property is described as follow: A subdivision of 9.7979 acres of the east one-half of Lots 11 & 12E, all of Allison -Richey Gulf Coast Home Company Subdivision of Section 85 in the H.T. & B.R.R. Co. Survey, Abstract 304, according to the map or plat thereof recorded in Volume 2, Page 107 and 108 of the plat records of Brazoria County, City of Pearland, Texas. Page 8 of 9, P&Z Minutes, 01/21/08 Plans and Plat Administrator Keller read the staff report stating that staff recommends approval with the condition that the City obtain a deed for the adjoining land. Vice -Chairperson Koza, Jr. made the motion to approve with staff's comments, and Commissioner Diggs seconded. The vote was 7-0. The plat was approved. N. DISCUSSION ITEMS Brief discussion in regards to the ULI Meeting on 1/22/08 held at the Bass Pro Shop, and the upcoming National APA Conference in Las Vegas, NV. IV. ADJOURNMENT Chairperson Henry Fuertes adjourned the meeting at 12:34 a.m. These minutes are respectfully submitted by: Judy Krajca, Adn-MistrAtiv4planking Secretary Minutes approved as submitted and/or corrected on this 18th day of February, A.D., 2008. Page 9 of 9, P&Z Minutes, 01/21/08 v&l- Lnairperson