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2009-06-01 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JUNE 1 2009 AT 6:00 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 6:10 p.m. with the following present: P&Z Chairperson Henry Fuertes P&Z Vice -Chairperson Jerry Koza, Jr. P&Z Commissioner Darrell Diggs P&Z Commissioner Neil West P&Z Commissioner Susan Sherrouse P&Z Commissioner Charles Gooden, Jr (arrived at 6:17 p.m.) Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Angela Gantuah, Planning Technician Ian Clowes, Deputy City Attorney Nghiem Doan, and Planning Secretary Judy Krajca. P&Z Commissioner Ron Capehart was absent. APPROVAL OF MINUTES P&Z Commissioner Susan Sherrouse made the motion to approve the minutes of May 18, 2009, and P&Z Commissioner Darrell Diggs seconded. The vote was 5-0. The minutes of May 18, 2009 were approved. NEW BUSINESS REMOVE FROM TABLE - Zone Change No. 2009-04Z A request by Brazoria County Drainage District No. 4, applicant and owner, for approval of a change in zoning district from classification of Single Family Residential -2 (R-2) to General Business (GB), on the property described as: Located at 2501 Francis Drive and 4807 Broadway St. P&Z Chairperson Henry Fuertes stated the item needed to be removed from the table. P&Z Vice -Chairperson Jerry Koza, Jr. made the motion and P&Z Commissioner Darrell Diggs seconded. The vote was 5-0. Zone Change No. 2009-04Z was removed from the table. Page 1 of 4 P&Z Minutes 06/01/09 CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2009-04Z A request by Brazoria County Drainage District No. 4, applicant and owner, for approval of a change in zoning district from classification of Single Family Residential -2 (R-2) to General Business (GB), on the following described property, to wit: Legal Description: A parcel of land containing 0.5716 acres (24,900 square feet), more or less, being a portion of Lot 1 and all of Lot 2, Block 15, Mimosa Acres, conveyed from Kenneth W. Quinn and wife, Barbara Quinn, to Brazoria Drainage District No. 4 as recorded in File No. 2007050415 official records, Brazoria County , Texas (O.R.B.C.T.) and also recorded in Volume 7, Pages 15-16, Brazoria County Plat Records (B.C.P.R.) and a portion of Pear Street (60' R.O.W.), as recorded in volume 7, Pages 15-16, (B.C.P.R.), said 0.4683 acre tract situated in the R.B. Lyle Survey, Abstract No. 543 in Brazoria County, Texas. General Location: Located at 2501 Francis Drive and 4807 Broadway St. P&Z Commissioner Susan Sherrouse made the motion to approve, and P&Z Commissioner Darrell Diggs seconded. Planning Director Lata Krishnarao gave a brief update stating the Planning Staff, Engineering Staff, and the applicant had met since the last P&Z meeting, and Ms. Carter's concerns. • What is the process after the joint public hearing • Building expansion • Drainage & detention • Future land use plan • Frontage on Broadway — corridor overlay district • Francis St. — zoning of GB & abutting Residential • Conditional Use Permit • Staff recommendation of approval of zone change at the May 18th meeting, with reasons stated in the staff report. P&Z Commissioner Susan Sherrouse agreed with Chairperson Henry Fuertes that the commission needs to remain impartial as to who is coming forward. She expressed concern for the homeowners, and stated she is okay with the office building going in, but has concern with the zone change to GB. P&Z Commissioner Neil West spoke about the property being brought into compliance, and has a problem with this. He expressed the following concerns: the build out is at the expense of the subdivision, appears there is concern with the floating buffer, feels the neighborhood will be altered with the zone change, concern with traffic issues, concern with Page 2 of 4 P&Z Minutes 06/01/09 issue of R -O -W, conformance with the UDC, and office elevation of current building. Brief discussion ensued with the property being zoned OP or NS, as opposed to GB. P&Z Commissioner Darrell Diggs thanked the BDD#4 for coming and working out these issues with the city, and stated he has no issues with the zone change. P&Z Vice -Chairperson Jerry Koza, Jr. stated he had no problem with BDD#4 and added that the Commission would look at future property seeking a zone change or CUP, when they come back to the Commission. P&Z Commissioner Charles Gooden, Jr. stated he had no problem with the zone change. P&Z Chairperson Henry Fuertes stated he did a drive by of the property and feels that 2502 Francis and 2504 Francis will be affected the most by the zone change. Mr. Fuertes added that today, the property owners are looking at a warehouse, and with the zone change, will be looking at a new building. Mr. Fuertes also added that he does not feel that an office building will add more traffic than the previous hair salon. P&Z Commissioner Neil West asked if the Future Land Use Study will be altered. Planning Director Krishnarao stated yes. P&Z Commissioner Darrell Diggs asked how many existing lots would be affected with the platting. Planning Director Krishnarao replied 4 lots, and Al Lentz on behalf of the BDD#4 stated the lots affected would be the 3.5 acres where they currently sit, and 1 lot that is rezoned. The 1 lot north of Pear would be left as single family residential. Resident Ruby Sandars asked about detention. Planning Director Krishnarao stated the offsite detention could be done on Single Family lot The vote was 4-2. Zone Change No. 2009-04Z was approved. Commissioners Sherrouse and West voted in opposition stated their reasons were less intense zoning preferred, and concern for residents. UPDATE OF ZONE CHANGES AND CONDITIONAL USE PERMITS Planning Director Lata Krishnarao briefly covered the Update of Zone Changes and Conditional Use Permits that Planning and Zoning Commission has considered. DISCUSSION ITEM Page 3 of 4 P&Z Minutes 06/01/09 The next JPH and P&Z Meeting will be on June 15, 2009 with the UDC Amendments, Bellavita PD Amendment, and one CUP. Election of officers will be held on the July 6, 2009 meeting, Ms. Krishnarao asked the Commission to complete the enclosed survey so staff might know their wants, needs and concerns. Commissioner Darrell Diggs inquired about internet access on Monday night while in city hall. Planning Secretary Krajca stated she would check with the IT Department. The Commission discussed possibly having a mock Pre -Development Meeting, or possibly viewing a taped Pre -Development Meeting. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the meeting at 7:01 p.m. These minutes are respectfully submitted by: J Judy/Krajca,'PlanningJSecfetary Minutes approved as submitted and/or co Page 4 of 4 P&Z Minutes 06/01/09 on this 15th day of June A.D., 2009. ry Fuertes