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2008-08-04 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD AUGUST 4, 2008 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,TEXAS CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 6:33 p.m. with the following present: P&Z Chairperson Henry Fuertes P&Z Vice -Chairperson Jerry Koza, Jr. P&Z Commissioner Susan Sherrouse P&Z Commissioner Neil West P&Z Commission Ron Capehart P&Z Commissioner Charles Gooden, Jr. P&Z Commissioner Darrell Diggs Also in attendance were: 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. APPROVAL OF MINUTES P&Z Commissioner Darrell Diggs made the motion to approve the minutes of July 21, 2008, and P&Z Commissioner Ron Capehart seconded. Commissioner Charles Gooden, Jr. was not present for the vote. The vote was 6-0. The minutes of July 21, 2008 were approved. P&Z Commissioner Charles Gooden, Jr. and Deputy City Attorney Nghiem Doan arrived at 6:34 p.m. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION — Master Plat of Ridge Rock A request by Christy B. Schmidt, Kerry R. Gilbert & Assoc., Inc., for Trails Development, Ltd., owner, for approval of a Master Plat of 70.3 acres zoned Planned Unit Development (P.U.D.) within the Ridge Rock P.U.D. The applicant is proposing single family lots, reserve areas, and a commercial reserve and the property is described as follows: Being 70.3 acres of land out of the H.T. & B. R.R. Co. Survey, Sect. 80, A.K.A. J. S. Talmage Survey, A-564, City of Pearland, Brazoria County Texas. Page I of 6 P&Z Agenda 080408 P&Z Commissioner Susan Sherrouse made the motion to approve, and Commissioner Darrell Diggs seconded. Plans and Plat Administrator Richard Keller read the staff's report stating there were three (3) outstanding items: 1. Show proposed area of Reserve "E" (Tot Lot) as 0.9 acres as per Paragraph "E" entitled "Parks and Recreation" in the PUD document 2. Plot location of all trails in the Overall Trail System exhibit in the PUD document 3. Change usage of Reserve "G" from Commercial to General Business/Office as per PUD document The applicant, Christy Schmidt, spoke about meeting the trail requirement and the "Tot Lot" being corrected, and indicated they were working on the street dedication being submitted. P&Z Chairperson Henry Fuertes asked for the Planning Director's input with regards to this being a Master Plat and the importance of the outstanding items. Planning Director Lata Krishnarao stated that the City requires a Master Plat. The three outstanding items have remained an issue for approximately 2-3 weeks. Ms. Krishnarao also stated that a fairly detailed landscape plan was needed. Christy Schmidt, applicant, spoke about getting the landscape plan. Ms. Krishnarao spoke about the amenities, and Deputy City Attorney Nghiem Doan asked staff if the applicant had been notified of their outstanding items. Plans and Plat Administrator Keller replied they had been notified. P&Z Commissioner Darrell Diggs asked that the 3 outstanding items be addressed again, and Plans and Plat Administrator Keller re -read the issues. Staff and the Commission discussed the timeline for which a Master Plat needed to be approved and could it be tabled. Planning Director Krishnarao stated there was no timeline for a Master Plat. P&Z Commissioner Darrell Diggs made the motion to table, and P&Z Commissioner Susan Sherrouse seconded. The vote was 7-0. The Master Plat of Ridge Rock was tabled. P&Z Commissioner Ron Capehart excused himself from the meeting due to a family illness at 6:45 p.m. REMOVE ITEM FROM TABLE —Zone Change No. 2008-11Z A request by Les Kilday and Kilday Realty Corporation, applicant for Imani Church, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of Page 2 of 6 P&Z Agenda 080408 the City of Pearland, for approval of a change in zoning district from classification General Business District (GB) and Suburban Residential — 12 District (SR -12) to Planned Development District (PD), on the following described property, to wit: Legal Description: 6.00 acres of land, being out of Lots 23 and 24, Section 21, of the Allison Richey Gulf Coast Home Company's Subdivision, according to the plat thereof as filed in Volume 2, Page 24, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas General Location: Generally Located on the West Side of Cullen Boulevard, on the South Side of FM 518 (Broadway Street), and on the North Side of Fite Road P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to remove from table, and P&Z Commissioner Darrell Diggs seconded. The vote was 6-0. Zone Change No. 2008-11Z was removed from the table. CONSIDERATION & POSSIBLE ACTION —Zone Change No. 2008-11Z A request by Les Kilday and Kilday Realty Corporation, applicant for Imani Church, 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 General Business District (GB) and Suburban Residential — 12 District (SR -12) to Planned Development District (PD), on the following described property, to wit: Legal Description: 6.00 acres of land, being out of Lots 23 and 24, Section 21, of the Allison Richey Gulf Coast Home Company's Subdivision, according to the plat thereof as filed in Volume 2, Page 24, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas General Location: Generally Located on the West Side of Cullen Boulevard, on the South Side of FM 518 (Broadway Street), and on the North Side of Fite P&Z Commissioner Darrell Diggs made the motion to approve, and P&Z Commissioner Susan Sherrouse seconded. Planning Director Lata Krishnarao made the staff presentation, reiterating what City Council had asked for at the Joint Public Hearing on July 21, 2008. Ms. Krishnarao also brought up the fact that City Council had received an email after the hearing in opposition of the PD. The following items were listed in the presentation as areas needing to be addressed: 1. Detention facilities need to be amenitized with trails, landscaping, amenities, etc. due to visibility from Cullen Blvd. and adjacent to other properties. Aesthetics along Cullen Blvd. need to be considered and emphasized and shown on all maps. Consider moving the detention to the west of the building and moving the building easterly to be more visible from Cullen Blvd. Page 3 of 6 P&Z Agenda 080408 2. Need details regarding the U.S. Treasury Department's Program 3. Provide details of all buffers especially along the south. PD indicates the buffer on the south to be 260' while it is not. 4. Provide a master plan for the entire 26 -acre site with detention, amenities, streets, subject development, etc. 5. Provide documentation regarding the impact of proposed facility (a federally funded project) on land values of surrounding residential 6. Proved details of fagade materials and articulation 7. Provide details on phasing of the proposed development Staff also addressed additional comments: 1. Staff would recommend that the PD document have page numbering and date of revision added for clarity 2. Section III D — The PD needs to specify one height and not provide options. Since the Council and P&Z approved a variance for 39', that should be included in the PD 3. The Design Plan should indicate if the detention is a wet basin and specify the treatment of the slopes and banks — grass, ground cover, etc. Much discussion ensued among the Commission/Staff/Legal/Applicant. P&Z Commissioner Darrell Diggs spoke about the land dedication shown in Exhibit F. Other discussion ensued with regards to Platting, Public Access and Private Street, Detention, and the Corridor Overlay District. Mr. Jim Gwin, Architect, spoke with regards to the roof. Mr. Les Kilday spoke regarding the buffer to the south, trails being 5 feet and not 8 feet, walkway not being placed on all sides, Texas Department of Housing was recommended for funding on July 31, 2008. P&Z Commissioner Darrell Diggs stated that he originally recommended tabling because of the R -O -W access, and the 39 -feet variance. Ms. Janice Lowe, Realtor for the applicant, spoke stating that without the access, the project cannot go forward. Deputy City Attorney Nghiem Doan stated he was not concerned with the access because this would be addressed in the Plat. Planning Director Krishnarao reiterated the seven items needing to be addressed, including the impact of the land values (use). P&Z Commissioner Charles Gooden, Jr. brought up the 39 -foot roofline, and the type of screening. Les Kilday spoke with regards to no negative impact on the property values of surrounding properties. Page 4 of 6 P&Z Agenda 080408 Mr. Les Kilday apologized that their packet did not make it on time. P&Z Chairperson Henry Fuertes spoke with regards to the detention and the landscaping the detention, walkways following city guidelines. P&Z Commissioner Darrell Diggs asked about the phasing and their approval. Planning Director Krishnarao spoke of the phasing and was it for the 6 acres or the entire 26 acres. Ms. Krishnarao stated there were 4 -components to the phasing: • Assisted Living • Detention • Street • Remainder of land Detention and phasing were discussed among the Staff/Commission/Applicant. Ms. Janice Lowe, Realtor, stated the 6 -acre designation couldn't be changed. P&Z Commissioner Darrell Diggs asked if it mattered and what is said about detention when it is considered offsite. There was a great deal of discussion between the Commissioner/Applicant/Staff regarding all the outstanding issues. P&Z Commissioner Darrell Diggs made the motion to amend the original motion with the following conditions, and P&Z Commissioner Charles Gooden, Jr. seconded. 1. Allow a total height of 39' feet for the building, measured to the top of the parapet and screening wall 2. Contractual agreement to be in place between the applicant, City of Pearland, and the landowner regarding the treatment of detention basin with amenities and landscaping as shown Planning Director Krishnarao brought up the issue of articulation, and P&Z Commissioner Darrell Diggs amended his amendment to include a 3`d item, and P&Z Commissioner Charles Gooden, Jr. seconded. 3. Reinsertion of the exhibit showing the roof plan and fagade articulation, known as Exhibit C2, attached to the PD document received by the City on July 11, 2008 and presented at the Joint Public Hearing, July 21, 2008. The vote on the Amendment was 6-0. The amendment was approved. The vote on the original motion was 6-0. The Zone Change was approved. Page 5 of 6 P&Z Agenda 080408 P&Z Chairperson Henry Fuertes recessed the meeting at 8:28 p.m. P&Z Chairperson Henry Fuertes reopened the meeting at 8:37 p.m. DISCUSSION ITEMS • There was a brief discussion regarding the next meeting scheduled for August 18, 2008. • The Commission was notified that due to September 4, 2008 being a holiday (Labor Day); there would be no meeting. • The Suburban Marketplace 2008 at The Woodlands Waterway Mariott was discussed for August 21, 2008; however, none of the Commission seemed available to attend. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the meeting at 8:45 p.m. These minutes are respectfully submitted by: J Minutes approved as submitted and/or corrected on this 18th day of August, A.D., 2008. j P& erson Henry Fuertes Page 6 of 6 P&Z Agenda 080408