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2011-04-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD APRIL 18, 2011 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Vice -Chairperson Susan Sherrouse called the meeting to order at 8:25 p.m. with the following present: P&Z Vice -Chairperson Susan Sherrouse P&Z Commissioner Henry Fuertes P&Z Commissioner Neil West P&Z Commissioner Darrell Diggs Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Harold Ellis, Planner II Evan DuVall, Deputy City Attorney Nghiem Doan and Planning Office Coordinator Judy Krajca. APPROVAL OF MINUTES P&Z Commissioner Henry Fuertes made the motion to approve the minutes of the Regular Meeting of March 21, 2011, and P&Z Commissioner Darrell Diggs seconded. The vote was 4-0. The minutes of March 21, 2011 were approved. BUSINESS OLD BUSINESS CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP 2011- 06 A request of Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner, for approval of a Conditional Use Permit to allow for a Restaurant in the Neighborhood Service (NS) District, on the following described property, to wit: Legal Description: Being a 0.9495 acre tract of land situated in the H.T. & B R.R. company survey abstract 242 in Brazoria County, Texas, being the same tract of land conveyed to Joseph B Benes and recorded in volume 408, page 538 of the deed records of Brazoria County Texas. General Location: 7902/7904 Broadway Senior Planner Harold Ellis read the staff report and stated staff recommends approval, alona with Council's concern of the traffic flow and aarkina ratio. P&Z Minutes April 18, 2011 Page 1 of 5 Discussion ensued with regards to the basis for requiring a CUP for a restaurant, as well as ingress and egress concerns for the site. Planning Director Lata Krishnarao gave the history of the property. After discussion ensued further, Assistant City Engineer Trent Perez discussed the ingress and egress. Planning Director Lata Krishnarao addressed the Commission and their role to support the Health, Welfare and Safety of the City. P&Z Vice -Chairperson Susan Sherrouse called for the vote. P&Z Commissioner Henry Fuertes made a motion to approve the Conditional Use Permit (CUP), and P&Z Commissioner Darrell Diggs seconded. The vote was 4-0. Conditional Use Permit No. CUP 2011-06 was approved. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2011-04Z A request of Beeman Strong for the Settegast Family, owner, and Lyle Henkle for HEB, applicant, for approval of a zone change from Planned Development (PD) zone, to General Business (GB) zone for approximately 23 acres on the following described property, to wit: Legal Description: Being a tract or parcel containing 22.7711 acres (991,909 square feet) of land situated in the Thomas J. Green Survey, Abstract Number 198, Harris County, Texas, and being out of and a portion of the called 118.755 acre tract as described in the deed to Marion E. Settegast, et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed Records General Location: Northwest corner of Broadway (FM518) and Pearland Pkwy Senior Planner Harold Ellis read the staff report stating staff recommends denial. Mr. Ellis read from the Unified Development Code the purpose of a Planned Development. P&Z Commissioner Darrell Diggs made the motion to approve the Zone Change, and P&Z Commissioner Henry Fuertes seconded. Much discussion ensued with regards to the highest and best use of the land, past Planned Developments in the City of Pearland, the general purpose of Planned Developments, the history of zoning, the prime location of the property in question in the City, status of staff discussions with HEB with regards to amending the current Pearland Commons Planned Development, as well as, the overall role of the Planning and Zoning Commission. P&Z Minutes April 18, 2011 Page 2 of 5 The vote was 0-4. The zone change was denied. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2011-05Z A request of Beeman Strong for Settegast Family, owner and applicant, for approval of a zone change from Planned Development (PD) to Single Family Residential -2 (R-2) for approximately 30 acres on the following described property, to wit: Legal Description: A tract or parcel containing 30.842 acres (1,343,478 square feet) of land situated in the Thomas J. Green Survey, Abstract Number 198, Harris County, Texas, and being out of and a portion of the called 118.755 acre tract as described in the deed to Marion E. Settegast, et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed Records General Location: North of Broadway, along Pearland Pkwy Senior Planner Harold Ellis read the staff report stating staff recommends denial, since Zone Change No. 2011-04Z was denied. P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z Commissioner Darrell Diggs seconded. The vote was 0-4. Zone Change No. 2011-05Z was denied CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SAVANNAH COVE SECTION THREE A request by Rene Rodriguez of LJA Engineering & Surveying, Inc., applicant, on behalf of Savannah Development LTD., owner, for approval of a Final Plat of Savannah Cove Section Three, generally located approximately 1,300 feet west of Croix Road and Savannah Parkway, proposing a 27 -lot single-family residential subdivision on the following described property, to wit Being 9.166 acres of land located in the A. C. H. & B. Survey, Abstract 403, Brazoria County, Texas. Planner II Evan DuVall read the staff report stating staff recommends approval with the following conditions: 1. Provide Mylars and fees for recordation 2. Replace the existing street name of Silent Falls to Gladewater Lane P&Z Minutes April 18, 2011 Page 3 of 5 P&Z Commissioner Neil West made the motion to approve the final plat with conditions, and P&Z Commissioner Henry Fuertes seconded. The vote was 4-0. The Final Plat of Savannah Cove Section three was approved with the following conditions: 1. Provide Mylars and fees for recordation 2. Replace the existing street name of Silent Falls to Gladewater Lane CONSIDERATION & POSSIBLE ACTION — WAIVER OF DECISION FOR THE PRELIMINARY PLAT OF SERENE GARDENS A request by Chris Hendrick of Wilson Survey, applicant, on behalf of Hieppham Incorporated owner, for approval of a Preliminary Plat Serene Gardens, generally located approximately 1,250 feet east of Hughes Ranch Road and Smith Ranch Road, proposing an 8 -lot single-family residential subdivision on the following described property, to wit Being 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, Brazoria County Texas. Planner II Evan DuVall stated that no action was necessary for the Waiver of Decision, as the applicant submitted the necessary items. The Commission should proceed to the next item on the agenda. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SERENE GARDENS A request by Chris Hendrick of Wilson Survey, applicant, on behalf of Hieppham Incorporated owner, for approval of a Preliminary Plat Serene Gardens, generally located approximately 1,250 feet east of Hughes Ranch Road and Smith Ranch Road, proposing an 8 -lot single-family residential subdivision on the following described property, to wit Being 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, Brazoria County Texas. Planner II Evan DuVall read the staff report stating there were no outstanding items and that staff recommends approval. P&Z Commissioner Henry Fuertes made the motion to approve the preliminary plat, and P&Z Commissioner Darrell Diggs seconded. The vote was 4-0. The Preliminary Plat of Serene Gardens was approved. P&Z Minutes April 18, 2011 Page 4 of 5 DISCUSSION ITEMS 1. Commissioners Activity Report was a brief discussion about Senior Planner Harold Ellis attending the National APA Conference since only one Commissioner was able to attend this time. 2. Planning Director Lata Krishnarao stated that staff was working with the Commission in groups on the 2011 Strategic Priorities 3. Planner II Evan Duvall and Deputy City Attorney Nghiem Doan addressed the Completion of Public Improvements prior to approval of final plat for developments approved prior to the adoption of the UDC. 4. Planning Director Lata Krishnarao stated there will be one more Public Hearing for Annexation Area 5, before the Commission begins to see this as a zone change. 5. Next P&Z meeting will be on May 2, 2011. 6. There was general discussion from P&Z Vice -Chairperson Susan Sherrouse, Planning Director Lata Krishnarao, and Senior Planner Harold Ellis regarding the National APA Conference in Boston. A presentation will be made at the May 2, 2011 meeting. P&Z Vice -Chairperson Susan Sherrouse recessed the meeting at 10:45 p.m. due to lack of a quorum. P&Z Vice -Chairperson Susan Sherrouse reconvened the meeting at 10:46 p.m. ADJOURNMENT P&Z Vice -Chairperson Susan Sherrouse adjourned the meeting at 10:46 p.m. These minutes are respectfully submitted by: Judy Wajca, Vanning Olficlcoordinator Minutes approved as submitted and/or corrected on this 2"d day of May 2011, A.D. P&Z Minutes April 18, 2011 Page 5 of 5