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2008-06-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD JUNE 16, 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 8:36 p.m. with the following present: Chairperson Henry Fuertes Commissioner Neil West Commission Ron Capehart Commissioner Charles Gooden, Jr. Commissioner Darrell Diggs Also in attendance were: Assistant City Manager Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Deputy City Attorney Nghiem Doan, Plans and Plat Administrator Richard Keller, Planner Tim Chi, and Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES Commissioner Ron Capehart made the motion to approve the revised copy with corrections to the Discussion Items, and Commissioner Darrell Diggs seconded the motion. The vote was 5-0 for approval of the minutes of June 2, 2008. III. NEW BUSINESS A. REMOVE ITEM FROM TABLE — Zone Change No. 2008-12Z A request by CBL and Associates, 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 Planned Development District (PD) to Planned Development District (PD), an amendment to the existing PD for Pearland Town Center. Commissioner Ron Capehart made the motion to remove Zone Change No. 2008-12Z from the table, and Commissioner Charles Gooden, Jr. seconded. The vote was 5-0. Zone Change No. 2008-12Z was removed from the table. P&Z Minutes 6/16/08 Page 1 of 8 B. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2008-12Z A request by CBL and Associates, 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 Planned Development District (PD) to Planned Development District (PD), an amendment to the existing PD for Pearland Town Center. Planning Director Krishnarao read the staff report. There was much discussion with regards to the parking ratio with Ms. Krishnarao stating the overall amendment would be okay if the PD stated one space for every one bedroom apartment, 2 spaces for every two bedroom apartment, and would like the ratio specified. Discussion included the comparisons to other cities, with Commissioner West commenting that the numbers from Austin could be skewered because of the number of students. Discussion also took place with regards to holiday parking and Assistant City Manager Finan stating that he did not feel there would be that much shared parking with the mall. P&Z Chairperson Fuertes stated that he would not like to see that much asphalt, but more green. Commissioner Diggs asked if there was any consideration to having a green roof. Mr. Jeff Brewer of CBL and Associates, Inc. stated that this was not proposed for this property. Discussion also ensued with regards to parking for a three-bedroom apartment. Mr. Ken Wittier of CBL and Associates, Inc. stated there were no plans for three bedroom units. Commissioner Ron Capehart amended the motion to approve with staff's recommendation to have 1.5 parking spaces for 1 -bedroom units, 2.0 parking spaces for 2 -bedroom units, and 2.5 spaces for 3 -bedroom units, and Commissioner Darrell Diggs seconded the motion. The vote was 5-0. The amendment was approved. The vote was 5-0. The original motion with the amendment was approved. C. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2008-13Z A request by Johnny Sims, applicant for Ted Slafka, 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 P&Z Minutes 6/16/08 Page 2 of 8 Single Family Residential — 1 District (R-1) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description: 2.00 acres, being Lots 15 and 16, Block 3, of Skyway Manor, Abstract 241, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Manvel Road (FM 1128), and Approximately 700 Feet North of Fite Road Commissioner Charles Gooden, Jr. made the motion to approve, and Commissioner Ron Capehart seconded. Commissioner Capehart commented that he was pleased to see the course that these tracts were taking, and Chairperson Fuertes echoed his comments stating the long-term plan fits right in. The vote was 5-0. Zone Change No. 2008-13Z was approved. D. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP2008-16 A request by Boundary One, LLC, applicant for Robert L. Thompson, 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 Office and Professional District (OP), on the following described property, to wit: Legal Description: 5.84 acres, being out of a 19.5704 acre tract of land, being the residue of Lots 81 and 82 of the George W. Jenkins Subdivision, W.D.C. Hall Survey, Abstract 70, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Dixie Farm Road, and Approximately 800 Feet North of Westfield Lane Commissioner Ron Capehart made the motion to approve, and Commissioner Charles Gooden, Jr. seconded. Commissioner Gooden, Jr. stated that the Comprehensive Plan should be reviewed to see if this area could go commercial, but for now he is in favor of it remaining residential. Commissioner Capehart stated that this is considered an upper -residential area and he is not in favor of the zone change. P&Z Minutes 6/16/08 Page 3 of 8 Commissioner Diggs stated that he agrees that this should remain residential but asked staff if this needs to be considered for higher use. Senior Planner Grahmann stated that even though this is a major thoroughfare, it does not have to be commercial and can remain residential. Commissioner Fuertes inquired about the commercial property on FM 518 and if they were already zoned for commercial. Planning Director Krishnarao replied yes. The vote was 0-5. CUP2008-16 was denied for reasons stated in the staff report and for reasons given by the commission that the area needs to remain residential. E. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP2008-18 Commissioner Ron Capehart made the motion to approve, and Commissioner Darrell Diggs seconded. Commissioner Diggs inquired about granting a CUP and does it stay with the location or the applicant. Deputy City Attorney Doan replied that the occupant couldn't take the CUP with them, as it stays with the location; however, expiration or conditions can be placed on the CUP. There was much discussion on the topic of addition conditions with regards to the length of time they would allow the church to use the facility, the storage trailers, and the parking area. Commissioner Gooden, Jr. made a motion that the CUP be contingent upon the storage trailer being removed after each Sunday church service, and that adequate parking be available in relations to the number of parking required by the UDC, and that the CUP expire when the church leaves or lease expires. The motion died for a lack of a second. Discussion continued with regards to conditions being placed on the CUP. Commissioner Capehart made the motion to approve with the following conditions: 1. The trailers be removed and not remain on the YMCA location after the Sunday church service P&Z Minutes 6/16/08 Page 4of8 2. If the YMCA changes their hours of operation and overlaps with the church service, then the CUP expires 3. CUP expires after three (3) years and the applicant would need to apply again Chairperson Fuertes seconded the motion. The vote was 4-1. The amendment was approved. Commissioner Diggs voted in opposition. The vote was 5-0. The original motion with the amendment was approved. F. PUBLIC HEARING — Second Partial Replat of Shadow Creek Ranch Commercial Site No. 18-A A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for GC - Shadow Creek Ranch Village, L. P., owner, for approval of a second partial replat of 21.283 acres zoned Shadow Creek Ranch Planned Unit Development (PUD). The applicants are proposing 4 lots and a private street located north of Shadow Creek Parkway and east of Kirby Drive and the property is described as follows: Being 21.283 acres of land located in the T.C.R.R. Co. Survey, Section 3, A-678 and the T.C.R.R. Co. Survey, Section 4, A-675, and the Obediah Pitts Survey, A-717, City of Pearland, Brazoria County, Texas Chairperson Henry Fuertes called the hearing to order at 10:10 p.m. and read the purpose of the hearing. Plans and Plat Administrator Richard Keller read the staffs report. The applicant was present but did not speak. Commissioner Diggs expressed some concern with the street light change. The hearing was adjourned at 10:19 p.m. G. CONSIDERATION & POSSIBLE ACTION- Second Partial Replat of Shadow Creek Ranch Commercial Site No. 18-A A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for GC - Shadow Creek Ranch Village, L. P., owner, for approval of a second partial replat of 21.283 acres zoned Shadow Creek Ranch Planned Unit Development (PUD). The applicants are proposing 4 lots and a private street located north of Shadow Creek Parkway and east of Kirby Drive and the property is described as follows: Being 21.283 acres of land located in the P&Z Minutes 6/16/08 Page 5 of 8 T.C.R.R. Co. Survey, Section 3, A-678 and the T.C.R.R. Co. Survey, Section 4, A-675, and the Obediah Pitts Survey, A-717, City of Pearland, Brazoria County, Texas Plans and Plat Administrator Richard Keller read the staff report stating that originally there were 17 outstanding items. The applicant has addressed all but one item, and this pertains to the Subdivision Improvement Agreement and Performance Bond. Mr. Keller stated that in addition to this, the streetlight issue needed to be addressed. Deputy City Attorney Doan stated that the UDC does require the Subdivision Improvement Agreement and Performance Bond, and is unaware of one being in place for Commercial Site No. 18-A. Mr. Carl High of LJA Engineering, 2655 Waverly Drive, League City, Texas spoke. There was much discussion between the Commission/Staff/Legal/Applicant. Commissioner West called for a vote, and Commissioner Capehart seconded. The vote to call the vote was 4-1. The vote was 0-5. The Second Partial Replat of Shadow Creek Ranch Commercial Site No. 18-A was denied. Reasons for denial were: 1. Need to obtain the City Engineers approval of plans, including sidewalk and streetlights for private street included in this replat 2. Construct the private street included in this replat to City standards. The alternative is to provide a Subdivision Improvement Agreement, and Performance Bond or Letter of Credit in a form acceptable to the City Attorney guaranteeing completion of construction of the private street. 3. Depict all existing and proposed streetlights correctly on this plat including any proposed streetlights for the private street. H. PUBLIC HEARING- Second Partial Replat of Shadow Creek Ranch Commercial Site No. 18-B A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for ZT Shadow Creek Partners, L. P., owner, for approval of a replat of 7.546 acres zoned Shadow Creek Ranch Planned Unit Development (PUD). The applicants are proposing 3 lots and a portion of a private street located north of Shadow Creek Parkway and west of Business Center Drive and the property is described as follows: Being 7.546 acres of land located in the T.C.R.R. Co. Survey, Section 4, A-675 and the Obediah Pitts Survey, A-717, City of Pearland, Brazoria County Texas. P&Z Minutes 6/16/08 Page 6 of 8 J. Chairperson Henry Fuertes opened the public hearing at 10:35 p.m. and read the purpose of the hearing. Plans and Plat Administrator Richard Keller read the staffs report. The applicant was present but did not speak. There was no discussion among the Commission/Staff. The public hearing was adjourned at 10:37 p.m. CONSIDERATION & POSSIBLE ACTION- Second Partial Replat of Shadow Creek Ranch Commercial Site No. 18-B A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for ZT Shadow Creek Partners, L. P., owner, for approval of a replat of 7.546 acres zoned Shadow Creek Ranch Planned Unit Development (PUD). The applicants are proposing 3 lots and a portion of a private street located north of Shadow Creek Parkway and west of Business Center Drive and the property is described as follows: Being 7.546 acres of land located in the T.C.R.R. Co. Survey, Section 4, A-675 and the Obediah Pitts Survey, A-717, City of Pearland, Brazoria County Texas. Plans and Plat Administrator Richard Keller read the staffs report stating Items No. 6 and No. 11 are still outstanding. Commissioner Ron Capehart made the motion to approve, and Chairperson Henry Fuertes seconded. The vote was 0-5. The Second Partial Replat of Shadow Creek Ranch Commercial Site No. 18-B was denied for the following reasons: 1. Need to obtain City Engineer approval of plans for extension of utility and drainage service to these three lots 2. Second Partial Replat of Shadow Creek Ranch Commercial Site No. 18- A must be approved and recorded first to give access to two of these three lots DISCUSSION ITEMS The next P&Z meeting is scheduled for July 7, 2008. Deputy City Attorney Nghiem Doan will also conduct a Training/Workshop that was scheduled for June 16, 2008, but due to two commissioners being out, is being rescheduled. P&Z Minutes 6/16/08 Page 7 of 8 IV. ADJOURNMENT Chairperson Henry Fuertes adjourned the meeting at 10:42 p.m. These minutes are respectfully submitted by: Judy rajca, PanninfSeiretary Minutes approved as submitted and/or corrected on this 7th day of July, A.D. P&Z Ch erson, enry Fuertes P&Z Minutes 6/16/08 Page 8 of 8