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2003-05-05 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 MAY 5, 2003, AT 6:30 P.M., 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 6:34 p.m. with the following present: Chairman Todd Iocco Vice-Chairman Russ Selemon Commissioner Sheryl Greiner Commissioner Ray Bacon Commissioner Don Sederdahl Deputy City Attorney Nghiem Doan Plats& Plans Administrator Richard Keller Planner I Theresa Grahmann Secretary Trish Broussard H. APPROVAL OF MINUTES: March 17, 2003 March 24, 2003 Ray Bacon made a motion to approve with corrections with a second made by Don Sederdahl. Motion to approve with corrections passed 4-0 III NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION - Final Plat of Cypress Village Section One, a subdivision of 51.853 acres located in the H.T. & B.R.R. Co Survey, Abstract 241 and the H.T. & B.R.R. Co Survey, Abstract 546 City of Pearland, Brazoria County, Texas Plats and Plans Administrator Richard Keller stated staff recommends approval with three comments. Don Sederdahl made a motion to approve with a second made by Russ Selemon. Motion to approve passed 4-0 Planning and Zoning Commission B. CONSIDERATION & POSSIBLE ACTION —Final Plat of Shadow Creek Ranch SF-18A, 12.237 acres being out of the H.T. & B.R. R. Co. Survey Section 82, Abstract 565, City of Pearland, Brazoria County, Texas Richard Keller stated staff recommends approval with two comments. Add recordation date of the adjoining plat for Halfmoon Bay Drive and South Clear Lake Loop, and have the lien holder's signature on the plat. Don Sederdahl made a motion to approve with a second made by Russ Selemon. Don Sederdahl stated he did not think the lien holder was an issue with P & Z, and thought that was something staff would take care of Ray Bacon stated he could not approve the plat with a clear conscious, and this is out of the ordinary for the previous plats we have been approving. Don Sederdahl stated he wanted legal elaboration on the issue. He stated he was under the assumption that when the plat left the meeting it would not finish being processed until those items are taken care of. Commissioner Sheryl Greiner arrived at 6:41 p.m. on- Deputy City Attorney Nghiem Doan stated he knows there are a lot of things that a plat must comply with before a plat can be legally recorded. He stated he is not sure of the significance of one to other, but he feels comfortable that if staff says it is ok to approve subject to these things being done, then that is enough. Russ Selemon stated that things have slipped through the cracks before and not having a clear title is an important issue. David Tinney, agent for LJA Engineering stated approving the plat does not mean the plat will be recorded. Russ Selemon stated he liked the safety net. Motion to approve failed 2-3 "Aye" — Todd Iocco, Don Sederdahl "No" —Ray Bacon, Russ Selemon, Sheryl Greiner C. CONSIDERATION & POSSIBLE ACTION- Final Plat of Shadow Creek Manch SF-18B, 20.120 Acres being out of the H.T. & B.R.R. Co. Survey section 82, Abstract 565, City of Pearland, Brazoria County, Texas Planning and Zoning Commission ,► Plats and Plans Administrator Richard Keller stated staff recommends approval with the same two corrections as Shadow Creek Ranch SF-18A. Ray Bacon made a motion to deny with a second made by Sheryl Greiner Motion to deny passed 3-2 "Aye" — Sheryl Greiner, Russ Selemon, Ray Bacon "No" — Todd Iocco, Don Sederdahl D. CONSIDERATION & POSSIBLE ACTION— Final Right-of-Way Plat of Shadow Creek Ranch Halfmoon Bay Drive and a Portion of South Clear Lake Loop, 5.329 acres, being out of the H.T. & B.R.R. Co Survey, Section 82, Abstract 565, City of Pearland, Brazoria County, Texas Plats and Plans Administrator Richard Keller stated this a right of way plat for a portion of two streets. He stated staff recommends approval as submitted. Sheryl Greiner made a motion with a second made by Ray Bacon. Motion to approve passed 5-0 E. CONSIDERATION & POSSIBLE ACTION—ZONE CHANGE APPLICATION NO. 1104 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi-Family Dwelling District (MF) and General Business District (GB) to Planned Unit Development (PUD), on the following described property, to wit: Zone Change Application No. 1104 Legal Description: All of lots 1-40, inclusive in Block 15, all of lots 24-29, inclusive in Block 16, and all of lots 20-25, inclusive in Block 14, in the Original Town site of Pearland; and .148 acre tract, all in the H. T. & B. R.R. Co. survey, A-232, Brazoria Co., TX (4201 Broadway Street) Owner: Jerome Karam 4201 Broadway Street Pearland, Texas 77581 Planning and Zoning Commission ,n- Agent: Kevin Cole Chairman Todd Iocco asked does P&Z have to reconsider the zone change application. Assistant City Attorney Nghiem Doan asked has the application changed. Planner I, Theresa Grahmann stated we put the application back on the agenda at the applicants request. Todd Iocco stated unless there has been a significant change and we have had time to review the information in our packets, as a general rule we so not consider it. Ray Bacon stated one of the major contentions for the denial was for parking. Jerome Karam stated we are here to do what it is that makes you comfortable. Russ Selemon stated he could live with 300 parking spaces. Don Sederdahl stated he would rather see the buildings become utilized , but asked that you define studio/art and put specifically no Sexually Oriented Businesses. Todd Iocco stated he would prefer to see 350 parking spaces, but 300 parking spaces would be sufficient enough, under item C and F no sexually oriented businesses, under space K new building square footage. Don Sederdahl made a motion to approve with a second made by Ray Bacon, with the following changes; 300 parking spaces, no sexually oriented businesses in the development, and 10,000 sf of new building space. Motion to approve passed 5-0 IV NEXT MEETING DATES: May 19, 2003 (JPH & Regular Meeting) V. ADJOURNMENT The meeting was adjourned at 7:37 p.m. p Planning and Zoning Commission ''.-se med/r : test e pectfully submitted/r : ,iiT 1Brouss , Plannng&Zoning cretary Minutes approved s submitted and/or corrected on this I LP day of /l, ' 2003. ______ EAfil 5--c---3L'f-C.- Todd occo, Planning& Zoning Chairman