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2003-08-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES PLANNING AND ZONING COMMISSION MINUTES OF A REGULAR MEETING FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 18, 2003, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING, IN THE SECOND FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The meeting was called to order at 8:13 p.m. Commissioner Ray Bacon was absent. II. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION –ZONING APPLICATION NO. 1120 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C), on the following described property, to wit: AN- Zone Change Application No. 1120 Legal Description: 8.84 acres, Tract No. 17 of the H.T.& B.R.R. Company Survey, Abstract 309, Brazoria County, Texas (South Side of FM 518, and west of Cullen Boulevard) Owner: Cheng-Huey Su, Trustee 102 Pebblebrook Court Sugar Land, Texas 77478-3935 Applicant: None Commissioner Don Sederdahl made a motion to deny with a second made by Commissioner David Ransom. Commissioner Sederdahl stated he would like it to be General Business. Executive Director of Community Development Tobin Maples stated at staff level we have had this conversation more than once with Mr. Su. — Mr. Su, owner, stated the lot next to me is commercial, and he thought it would be better to have a full block of the same business or zoning. Page 1 of 8 –P&Z MINUTES PLANNING AND ZONING COMMISSION Commissioner Sheryl Greiner asked Mr. Su to list an example of the businesses he plans to have. Mr. Su replied a retail store, daycare, or barbershop. Commissioner Sederdahl stated that is all General Business uses, it came as Commercial today, could it come back as General Business. Executive Director of Community of Development Tobin Maples stated if it is okay with the applicant we can recommend to change the zoning application to General Business. Chairman Todd Iocco stated with Commercial it will probably not be approved. It is Mr. Su's decision if he wants to change it. Mr. Su replied he would take General Business. Commissioner Don Sederdahl made a motion to approve the zone change as General Business, with a second made by Commissioner David Ransom. Chairman Todd Iocco asked if that was okay with legal counsel and staff. They replied yes. Motion to approve as General Business passed 6-0 B. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1121 Request for an amendment to the Land Use and Urban Development Ordinance of said City to amend the existing Planned Unit Development (PUD), on the following described property, to wit: Zone Change Application No. 1121 Legal Description: 3.00 acres, Tract No. 36H2 of the H.T.& B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (6301 Broadway Street) Owner: Jim Marsh 7919 Montglen Houston, Texas 77061 Applicant: Jimmy Vaughan 3023 Taylorcrest Pearland, Texas 77584 Page 2 of 8 —P&Z MINUTES PLANNING AND ZONING COMMISSION p Commissioner Sheryl Greiner made a motion to deny with a second made by Commissioner Don Sederdahl. Commissioner Ruby Sandars asked what does this mean. Executive Director of Community Development Tobin Maples replied we will have to sit down with the applicant and put together a solid schedule to comply with, if not we will revoke their certificate of occupancy. Commissioner Don Sederdahl stated he understood everything, but not knowing whether he was closing on this land, and rezoning the property contingent on the purchase of the property, which is something that could go on for another two years. Chairman Todd Iocco stated, we do not consider money a hardship. Deputy City Attorney Nghiem Doan stated the owner signed the application, and the leaser is making the promises, it is not with in the owner's power to meet the requirements. Commissioner Linda Cowles asked if the owner sales the property, then the new owner's would have the PUD. Executive Director of Community Development Tobin Maples stated the applicant has an existing landscape business, staff gave them a temporary certificate of occupancy, so they could continue their business endeavors, and during the off-season nothing happened. Chairman Todd Iocco stated at least put forth a good faith effort. He continued by saying he does not see by the amending the PUD, how that would work. Jimmy Vaughan, leaser, stated good faith has started and we have set dates, and the weather has kept us from getting asphalt parking down. Mr. Vaughan stated that what is in our agreement now is a verbal commitment, and it is something that is rolling. Chairman Todd Iocco stated get the property in your hand and then come back and let's talk. Commissioner David Ransom asked what is the time line. Page 3 of 8 —P&Z MINUTES PLANNING AND ZONING COMMISSION Executive Director of Community Development Tobin Maples replied one to two orb- weeks, the applicant is not in compliance and there have been legitimate complaints. Deputy City Attorney Nghiem Doan asked when do you anticipate the closing date. Mr. Vaughan replied with in the next three months. Chairman Todd Iocco stated it is an important issue with masonry fence; you should erect and maintain the wall. The original agreement stated that and you should stick to it. Executive Director of Community Development Tobin Maples stated we already issued a certificate of occupancy, there is activity on the property that we are concerned about. Mr. Maples stated we need detailed engineer drawings, licensed by the state to draw the construction plans for the fence. Commissioner Ruby Sandars asked if approved, we should hold them to these deadlines. Executive Director of Community Development Tobin Maples stated the last thing we as the City of Pearland want too do is kick a business out, but yet we still Ihk need to treat everyone equally. Deputy City Attorney Nghiem Doan stated the commission could table the application and bring it back after three months, showing the progress. Executive Director of Community Development Tobin Maples stated the applicant needs to communicate with his neighbors and there are some grading issues. Chairman Todd made a motion to table with second made by Ruby Sandars. Motion to table passed 6-0 C. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1122 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD), Estate Lot Single Family Dwelling District (R-E), and Single Family Dwelling Districts R-1 and R-2, to Planned Unit Development (PUD), on the following described property, to wit: Page 4 of 8 —P&Z MINUTES PLANNING AND ZONING COMMISSION Zone Change Application No. 1122 Legal Description: 477.63 acres, situated in the H.T. & B.R.R. Company Survey, Section 80, Abstract 564, and the H.T. & B.R.R. Company Survey, Section 84, Abstract 538; and Lots 1 through 8, 11 through 18, 20 through 26, 28 through 31, the west 1/2 of Lot 33, 34, 37, 38, 44, 45, 52 through 55; and Lot 56 of the Allison Richey Gulf Coast Home Company Subdivision, Brazoria County, Texas (Generally located between County Road 92 and County Road 59, and on the east and west sides of County Road 48) Owner: Leslie A. Scioneaux; One Twenty-Nine, Ltd.; John B. and Meredith Briggs; Audrey C. Mcloskey and Robert E. Mitchell, Jr., Trustee; RHC/Edgewater, Ltd.; F. Carrington Weems II, F. Carrington Weems III, and Alexandra L. Weems; Heart-Eye Land Company; and Maura A. Hardcastle and Marion A. Watson Applicant: James Johnson 900 Apollo Lane, Suite C Houston, Texas 77058 Commissioner David Ransom made a motion to approve with a second made by Commissioner Sheryl Greiner. Commissioner Ruby Sandars stated she was against the density and road alignment. She added they should keep consistent with 3.6 Commissioner Sheryl Greiner stated she seconds Ruby's concern, and asked if the memo on Parkland Fee's are set in stone. Executive Director of Community Development Tobin Maples stated no it is up to the Parks and Recreations Director. Commissioner Don Sederdahl asked what about drainage. Mr. Maples replied drainage comes at the time of the platting process. Commissioner Sheryl Greiner commented she had a concern on the sidewalk. James Johnson, agent stated there was an error on our part, we intend to construct one eight foot sidewalk on the collector side and a four foot sidewalk on the residential. Chairman Todd Iocco asked what about the other side. Page 5 of 8 —P&Z MINUTES PLANNING AND ZONING COMMISSION James Johnson replied there would be landscaping, and Right of Ways. Commissioner Don Sederdahl asked what about what Alan Mueller said about the Right of Way. James Johnson stated we are considering allowance for that road to come through. Chairman Todd Iocco stated then we would have two roads close together. Mr. Johnson replied the entrance cannot be moved and would cost 3 1/2 million Dollars. Commissioner David Ransom stated if we focus on the dirt, it is a really cool subdivision, if we have a commitment I am comfortable with the land, something needs to be in PUD to have that ROW there. Commissioner Sheryl Greiner stated she would like to refine this down, with the density, and Construction of sidewalk. James Johnson stated our PUD document is precisely as Savannah, Shadow Creek Ranch and Lakes at Highland Glen, he added this is a nine to ten year project if we can sell more R1 than R3 lots, I can sell out faster and make more money; this is not your typical racetrack subdivision Mr. Maples stated the applicant needs to set an overall density with a cap. Commissioner Ruby Sandars made a motion to amend the motion to change the cap to approximately 1390, with 3.6 density, have the Right of Way dedicated for the Minor collector, construct eight foot sidewalks on the one side, and move the main entrance as far east as possible. Commissioner Don Sederdahl seconded the motion. Motion to amend the motion passed 5-1 "Aye" —Commissioners Sheryl Greiner, Linda Cowles, Don Sederdahl, Ruby Sandars, and David Ransom. "No" - Chairman Todd Iocco Motion to approve the motion passed 5-1 D. CONSIDERATION & POSSIBLE ACTION— ZONING APPLICATION NO. 1119 Request for an amendment to the Land Use and Urban Development Ordinance of Page 6 of 8 —P&Z MINUTES PLANNING AND ZONING COMMISSION said City from classification Suburban Development District (SD) to Estate Lot ow- Single Family Dwelling District (R-E), on the following described property, to wit: Zone Change Application No. 1119 Legal Description: 2.96 acres, out of Tract No. 32 of the Allison Richey Gulf Coast Home Company Subdivision, Section 20, F.B. Drake Survey, Abstract 506, Brazoria County, Texas (1833 Hillhouse Road) Owner: Paul Ridgway 1833 Hillhouse Road Pearland, Texas 77584 Applicant: None Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 6-0 oge- E. CONSIDERATION & POSSIBLE ACTION—Final Plat of La Paloma a Subdivision of 16.1964 acres situated in the W.D.C. Hall Survey, Abstract No. 70, Pearland, Brazoria County, Texas Plats and Plans Administrator Richard Keller stated staff recommends approval of this plat with one comment, change the City Engineers name. Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 6-0 F. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake Center, being a subdivision of 3.753 acres of land of the H.T. and B.RR Co. Survey A-304 City of Pearland, Brazoria County, Texas Plats and Plans Administrator Richard Keller states staff is recommending approval as submitted. Commissioner Don Sederdahl made a motion to approve with a second made by Commissioner Linda Cowles. Page 7 of 8 —P&Z MINUTES PLANNING AND ZONING COMMISSION Motion to approve passed 6-0 G. CONSIDERATION & POSSIBLE ACTION —Regarding the quarterly project status report by the Projects Department (Capital Improvement Program) Executive Director of Community Development Tobin Maples stated if the commission as a whole is comfortable with what Joe Wertz, Projects Director presented then the Planning & Zoning Commission could make a motion to approve the CIP to City Council. Planning and Zoning abstained from voting, stating they would like to get information earlier next year and be involved then. H. DISCUSSION- Regarding the Unified Development Code I. DISCUSSION- The National APA (American Planning Association) and TXAPA (Texas American Planning Association) annual conferences III. NEXT MEETING DATES: September 1, 2003—No Meeting ( Holiday) September 15, 2003—JPH & Regular P&Z IV. ADJOURNMENT The meeting adjourned at 9:35 p.m. Tse . n es respectfully s bmitted by: aT• Brou sard, Planning&Zoning Secretary Minutes approved as submitted and/or corrected on this (p day of ("Gi , 2003. J .„,,,,,..„,... odd Iocco, Planning& Zoning Chairman ilow Page 8 of 8 —P&Z MINUTES