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2012-11-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING COMMISSION OF THE CITY OF PEARLAND, AT 6:30 P.M., CITY COUNCIL CHAMBERS, PEARLAND,TEXAS. CALL TO ORDER OF THE PLANNING AND ZONING TEXAS, HELD NOVEMBER 19, 2012, CITY HALL, 3519 LIBERTY DRIVE, P&Z Chairperson Henry Fuertes called the meeting to order at 9:06 p.m. with the following present: P&Z Chairperson Henry Fuertes P&Z Vice -Chairperson Linda Cowles P&Z Commissioner Neil West P&Z Commissioner Matthew Hanks P&Z Commissioner Mary Starr Also in attendance were: City Planner Harold Ellis, Planner II Ian Clowes, Director of Community Development Lata Krishnarao, Assistant City Manager Mike Hodge, Deputy City Attorney Nghiem Doan, Assistant City Engineer Richard Mancilla, and Office Coordinator Judy Brown. APPROVAL OF MINUTES P&Z Commissioner Neil West made the motion to approve the minutes of the P&Z Regular Meeting of November 5, 2012, and P&Z Vice Chairperson Linda Cowles seconded. The vote was 5-0. The minutes of the P&Z Regular Meeting of November 5, 2012 were approved. OLD BUSINESS CONSIDERATION & POSSIBLE ACTION — OLD ALVIN ROAD CLUSTER PLAN A request by Alan Mueller, applicant, on behalf of S.E. Cemeteries of Texas, Inc., owner, for approval of a Cluster Plan on a 81.6 acre tract of land for a single-family residential subdivision, generally located a 500 feet north of McHard Road on both the east and west sides of Old Alvin Road. Legal Description: Being 81.572 acres of land in the H.T. & B.R.R. Co. Survey, Abstract 233 and the R.B. Lyle Survey, abstract 542, Brazoria County, Texas, more particularly being a portion of Lots 62, 63, 68, 69, 93 and 94 of the W. Zychlinsky Subdivision of record in Volume 29 Page 43 of the Deed Records of Brazoria County, Texas (B.C.D.R.). P&Z Regular Meeting December 3, 2012 Page 1 of 5 General Location: Five hundred feet north of McHard Road on both the east and west sides of Old Alvin Road. P&Z Commissioner Neil West made the motion to approve, and P&Z Commissioner Mary Starr seconded. Mr. Alan Mueller was present and spoke of how they eliminated the 50' lot sizes and replaced with 55'lots, going back to the R-1 Zone lot sizes. Mr. Neil West inquired if the trails could be put in the pipeline easements. Mr. Mueller states they can use the surface. Mr. Dan Gilbert of 1112 Barkley Court spoke and asked the Commission to adhere to the zoning. The vote was 5-0. The Old Alvin Road Cluster Plan was approved. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION - PROPOSED COMPREHENSIVE PLAN AMENDMENT -GRAND AVENUE PLAN P&Z Commissioner Mary Starr made the motion to approve, and P&Z Vice -Chairperson Linda Cowles seconded. The vote was 5-0. The Proposed Comprehensive Plan Amendment — Grand Avenue Plan was approved. CONSIDERATION & POSSIBLE ACTION - PROPOSED COMPREHENSIVE PLAN AMENDMENT — LOWER KIRBY URBAN CENTER P&Z Commissioner Matthew Hanks made the motion to approve, P&Z Commissioner Mary Starr seconded. The vote was 5-0. The Proposed Comprehensive Plan Amendment — Lower Kirby Urban Center was approved. CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT NO. CUP 2012-07 At the request of Lam Vien Buddhist Temple, applicant and owner, for approval of a Conditional Use Permit to allow for a Church, Temple, or Place of Worship in the Suburban Residential - 12 (SR -12) Zoning District, on the following described property, to wit: P&Z Regular Meeting December 3, 2012 Page 2 of 5 Legal Description: A Subdivision of 9.731 Acres in the H.T.& B.R.R. Co. Survey, Section 9, Abstract no. 234, Brazoria County, Texas. General Location: 1606 Roy Rd., Pearland, TX P&Z Commissioner Mary Starr made the motion to approve, and P&Z Commissioner Neil West seconded. There was discussion with regards to a site plan showing the proposed location of the new worship facility, a recommended Pre -Development meeting. Chairperson Henry Fuertes asked what the hours of meditation would be. Mr. Khuong Le stated one hour on Sundays. There was also discussion with regards to did the applicant have a previous Pre - Development meeting. Planner II Ian Clowes stated the applicant did have a meeting in April 2012; however, the meeting did not discuss the proposed Worship Facility. P&Z Commissioner Mary Starr made the motion to postpone, and P&Z Commissioner Matthew Hanks seconded. The vote was 5-0. Conditional Use Permit No. CUP 2012-07 was postponed. CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT NO. CUP 2012-08 At the request of Chasing Dreams Daycare, applicant and The Old Place Inc., owner, for approval of a Conditional Use Permit to allow for a Daycare Center (Business) in the Neighborhood Services (NS) Zoning District, on the following described property, to wit: Legal Description: Being 9.930 acres of land, Lots 30-30A, of the Allison — Richey Gulf Coast Home Company Subdivision of Section 20, of the H.T. & B. Railroad Company Survey, Abstract 506, Brazoria County, Texas. General Location: 8809 Broadway, Pearland, TX P&Z Vice -Chairperson Linda Cowles made the motion to approve, and P&Z Commissioner Mary Starr seconded. Planner II Ian Clowes read the staff report. The vote was 5-0. Conditional Use Permit No. CUP 2012-08 was approved. CONSIDERATION & POSSIBLE ACTION — PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE T-14 P&Z Vice -Chairperson Linda Cowles made a motion to approve, and P&Z P&Z Regular Meeting December 3, 2012 Page 3 of 5 Commissioner Mary Starr seconded. The vote was 5-0. The Proposed Amendments to the Unified Development Code T-14 was approved. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2012-14Z A request of Joe D. Powers, AIA, applicant, on behalf of SHT/Kirby, Ltd., owner, for approval of a zone change from the Spectrum District (District S1) (SP1) zone to the Planned Development (PD) zone for 13.589 acres on the following described property, to wit: Legal Description: Being a 13.589 acre tract of land out of Allison Richey Gulf Coast Homes Subdivision, an addition to the City of Pearland, Brazoria County, Texas as recorded in Volume 3, Page 40, of the Map Records of Harris County, Texas, said 13.589 acre tract of land being a portion of a 36.166 acre tract of land (by deed) deeded to SHT/Kirby LTD, as recorded in Harris County Clerk's File Number 20080049996 in the Official Public Records of Real Property, Harris County, Texas General Location: Northeast corner Spectrum and Hooper, Pearland, TX P&Z Vice -Chairperson Linda Cowles made the motion to approve, and P&Z Commissioner Neil West seconded, with the following condition: 1). Site will obtain power from existing overhead utilities on Hooper. This extension to the subject property across Hoop may occur via overhead power. Utilities within the site will be underground. The vote was 5-0 with the condition. Zone Change Application No. 2012-14Z was approved with the following condition: 1). Site will obtain power from existing overhead utilities on Hooper. This extension to the subject property across Hoop may occur via overhead power. Utilities within the site will be underground. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2012-16Z A request of City of Pearland, applicant, for approval of General Business (GB) with Conditional Use Permits (CUPs) on specified properties and Planned Development (PD) zoning for MUD 4 property, to wit: General Location: Country Place development, north and south of McHard, east and west of SH288. General Location: Five hundred feet north of McHard Road on both the east and west sides of Old Alvin Road. P&Z Regular Meeting December 3, 2012 Page 4of5 P&Z Commissioner Matthew Hanks made the motion to approve, and P&Z Vice - Chairperson Linda Cowles seconded. There was discussion with regards to future development of existing golf course, and the non -conforming uses in the commercially developed area. The vote was 5-0. Zone Change Application No. 2012-16Z was approved. DISCUSSION ITEMS 1. Commissioners Activity Report — P&Z Vice Chairperson Linda Cowles stated she attended the H -GAC Workshop on Healthier & More Active Environment. 2. Next P&Z Regular Meeting, December 3, 2012 3. Discuss Possible JPH for December 2012 — Director of Community Development Lata Krishnarao stated there would not be a meeting on December 17, 2012. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the P&Z Regular Meeting at 10:08 p.m. These minutes are respectfully submitted by: f" 7,"t to',, JudyAfown,_11nifig Office Coordinator Minutes approved as submitted and/or corrected o this 3�d day of December 2012, A.D. Henry Fuertes, P&Z Chairperson P&Z Regular Meeting December 3, 2012 Page 5of5