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2004-02-16 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 FEBRUARY 16, 2004, 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 8:28 p.m. with the following present: Chairman Todd Iocco Vice Chairperson Sheryl Greiner Commissioner Linda Cowles Commissioner Neil West Commissioner David Ransom Commissioner Ruby Sandars Secretary Trish Broussard Also in attendance: Planning Manager Lata Krishnarao, Planner I Theresa Grahmann, Deputy City Attorney Nghiem Doan, City Engineer Doug Kneupper, and Plats and Plans Administrator Richard Keller. Commissioner Don Sederdahl was absent. II. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLAICATION NO. 1148 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following described property, to wit: Legal Description: 1.00 acres out of an 11.88 acre tract out of Tract 1-C of the W.W. Stone Partition out of Tract 1 of the W.T. Dobson Survey, Abstract 187, Brazoria County, Texas (Located at 1610 Stone Road) Owner: Vitor Grave 10306 Sagewillow Houston, Texas 77089 Commissioner Ruby Sandars made a motion to modify the agenda and act on Zone Change Application No. 1148, 1150, 1151, and 1152 simultaneously, with a second made by Commissioner Linda Cowles. Page 1 of 9—P&Z MINUTES PLANNING AND ZONING COMMISSION Motion to modify the agenda failed 3-3 Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 6-0. B. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1149 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following described property, to wit: Legal Description: 0.7849 acres, situated in the J.W. Maxey Survey, Abstract 721, Brazoria County, Texas (Located at 3618 West Sterling Drive) Owner: Tan-Vinh Thai 82132 Crimson Lake Lane League City, Texas 77573 Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner Linda Cowles. Motion to approve passed 6-0. C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1150 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi-Family District (MF) to Single Family Dwelling District (R-1), on the following described property, to wit: Legal Description: Lots 38, 39, 40, and 41, Block 16, Pearland Townsite (West Side of Washington Avenue, and North of Broadway Street) Owner: Diana LeClere 2534 Country Club Drive Pearland, Texas 77581 Applicant: Jack McGuff, Jr., AIA 5208 Broadway Street, Suite 208 Pearland, Texas 77581 Page 2 of 9 —P&Z MINUTES PLANNING AND ZONING COMMISSION Commissioner Ruby Sandars made a motion to approve with a second made by Vice Chairperson Sheryl Greiner. Commissioner David Ransom asked if the Village District is a part of the Overlay District. Planner I Theresa Grahmann replied the Village District is reserved, but there have been no restrictions written for Village District Zoning. Motion to approve passed 6-0. D. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1151 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi-Family District (MF) to Single Family Dwelling District (R-1), on the following described property, to wit: Legal Description: Lots 42, 43, and 44, Block 16, Pearland Townsite (West Side of Washington Avenue, and North of Broadway Street) Owner: Shane Nixon 3105 Pilgrims Point Pearland, Texas 77581 Applicant: Jack McGuff, Jr., AIA 5208 Broadway Street, Suite 208 Pearland, Texas 77581 Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 6-0. E. CONSIDERATION & POSSIBLE ACTION - SPECIFIC USE PERMIT APPLICATION NO. 130 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Suburban Development District — Specific Use (SD (S)), on the following described property, to wit: Legal Description: 18.75 acres, out of the Northeast one-fourth of the Southwest one-fourth and the North one-half of the Southeast one-fourth in Section 15, H.T. & B.R.R. Company Survey, Abstract No. 241, in Brazoria County, Texas (Located at 6618 Fite Road) Page 3 of 9—P&Z MINUTES PLANNING AND ZONING COMMISSION Owner: Pearland Area Dad's Club 6618 Fite Road Pearland, Texas 77581 Applicant: Jack McGuff, Jr., AIA 5208 Broadway Street, Suite 208 Pearland, Texas 77581 Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Commissioner David Ransom asked how specific are the restrictions for recreational uses. Planner I Theresa Grahmann replied the uses are listed under"new schedule", on page 132 of the Land Use and Urban Development Ordinance. Motion to approve passed 6-0. F. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1141 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: Legal Description: 4.9266 acres, situated in Lot 52 of the Allison Richey Gulf Coast Home Company Subdivision, Section 20, of the H.T. & B.R.R. Company Survey, Abstract 506, Brazoria County, Texas (Located at the Northwest Corner of Cullen Boulevard and County Road 403 (Hughes Ranch Road)) Owner: Houston Business Investments 23240 Highway 290 Cypress, Texas 77429 Applicant: Tom Kunthara 4675 Sweetwater Sugarland, Texas 77479 Commissioner Linda Cowles made a motion to approve with a second made by Vice-Chairperson Sheryl Greiner. Commissioner Linda Cowles commented that the comprehensive plan shows the whole area on Cullen Blvd. as being more of a mixed use. e Page 4 of 9—P&Z MINUTES PLANNING AND ZONING COMMISSION Motion to approve passed 4-2. "Aye"—Chairman Todd Iocco, Commissioner's, Ruby Sandars, Linda Cowles, and Neil West. "No"—Vice Chairperson Sheryl Greiner and Commissioner David Ransom. G. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1139 Zone Change Application No. 1139 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Light Industrial District (M-1), on the following described property, to wit: Legal Description: 3.00 acres being part of Lot 178, Zychlinski Subdivision of Section 28, H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County, Texas (Generally located on the East Side of Dixie Farm Road, north of the intersection of Dixie Farm Road and State Highway 35) Owner: Enrique Guzman 9946 Ayes f'' Houston, Texas 77034 Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 6-0. H. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1152 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Light Industrial District (M-1) to Planned Unit Development (PUD), on the following described property, to wit: Legal Description: 65.4324 acres being all of Lots 1, 2, and 3 of Pearland Industrial Park Subdivision as recorded in Volume 16, Page 171, of the Map Records of Brazoria County, Texas (Generally Located on the East Side of Veterans Drive, on the West Side of the Railroad, and South of Walnut Street) Owner: John A. Sage P.O. Box 19039 Houston, Texas 77224-9039 Applicant: Kevin Price Page 5 of 9—P&Z MINUTES PLANNING AND ZONING COMMISSION 311 N. Shadow Bend Avenue Friendswood, Texas 77546 Vice Chairperson Sheryl Greiner made a motion to approve with a second made by Commissioner Neil West. Chairman Todd Iocco stated he was not in favor of the Planned Unit Development (PUD) because of the existing fire station facility located next to the proposed development. Commissioner Neil West stated we put hoops our their for the developers to do and now were asking for more hoops. Commissioner Ruby Sandars commented the best use of the land is not residential. Kevin Price, 311 N. Shadowbend, Friendswood, stated he has complied with all the ordinances and the highest and best use for this property is single family residential. Commissioner Ruby Sandars made a motion to call for the question with a second made by Commissioner David Ransom. Motion to call for the question passed 4-1-0 "Aye"—Chairman Todd Iocco, Commissioner's Linda Cowles, David Ransom, Ruby Sandars. "No"—Vice Chairperson Sheryl Greiner "Abstain"—Commissioner Neil West Motion to approve failed 3-3 "Aye' —Vice Chairperson Sheryl Greiner, Commissioner's Linda Cowles and Neil West. "No"—Chairman Todd Iocco, Commissioner's Ruby Sandars and David Ransom. I. CONSIDERATION & POSSIBLE ACTION—Request for an amendment to the Thoroughfare Plan (Figure 7.2), of the City of Pearland Comprehensive Plan Ordinance as follows: County Road 92, between State Highway 288 and Almeda Road (FM 521) Commissioner Ruby Sandars made a motion to approve with a second made Commissioner David Ransom. Page 6 of 9—P&Z MINUTES PLANNING AND ZONING COMMISSION Motion to approve passed 6-0. J. CONSIDERATION& POSSIBLE ACTION- Preliminary Plat of Shadow Creek Ranch SF-36, 50.705 acres, being out of the H.T. B & R.R. Co. Survey, Section 83, Abstract 305 and S.G. Haynie Survey, Abstract 212, City of Pearland, Brazoria County, Texas Plats and Plans Administrator Richard Keller stated staff has no comments. Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 6-0. K. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Shadow Creek Ranch SF-38A, 31.389 acres, being out of the H.T. &B. R.R. Co. Survey, Section 83'Abstract 305 and H.T. B & R.R. Co. Survey, Section 82, Abstract 565, City of Pearland, Brazoria County, Texas Plats and Plans Administrator Richard Keller stated staff has no comments. Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. fik Motion to approve passed 6-0. L. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Shadow Creek Ranch SF-38B, 33.548 acres, being out of the H.T. &B.R.R. Co. Survey, Section 83, Abstract 305 Brazoria County, Texas Plats and Plans Administrator Richard Keller stated there were two outstanding comments that the Engineer corrected therefore staff recommends approval. Commissioner Ruby Sandars made the motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 6-0. M. CONSIDERATION & POSSIBLE ACTION—Preliminary Right-of-Way Plat of Shadow Creek Ranch Portions of Trinity Bay Drive and Biscayne Bay Drive, 10.796 acres, being out of the H.T. &B.R.R. Co. Survey, Section 83, Abstract 305, City of Pearland, Brazoria County, Texas Plats and Plans Administrator Richard Keller stated staff recommends approval. Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Page 7 of 9—P&Z MINUTES PLANNING AND ZONING COMMISSION Motion to approve passed 6-0. N. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Spring Meadow Subdivision of 41.94595 acres located in the H.T. & B.R.R. Co. Survey, Abstract 544, City of Pearland, Brazoria County, Texas Plats and Plans Administrator Richard Keller stated there are four comments outstanding, and staff recommends approval. Vice Chairperson Sheryl Greiner made a motion to approve with a second made by Commissioner David Ransom. Motion to approve passed 5-1. "Aye"—Chairman Todd Iocco, Vice Chairperson Sheryl Greiner, Commissioner's David Ransom, Neil West and Linda Cowles. "No"—Commissioner Ruby Sandars. O. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of Central Wal-Mart, a subdivision of 30.34 acres of land, being a Replat of the Lots 25, 26, 31 and 32 of Zychlinski Subdivision, Vol. 29, Pg. 43, B.C.D.R.; and Lot "A" of 9" K-Mart Super Center Pearland, Vol. 19, Pg. 167-168, B.C.P.R.; Located in the R.B. Lyle Survey, A-542 and H.T. &B.R.R. Survey, A-233, City of Pearland, Brazoria County, Texas Plat and Plans Administrator Richard Keller stated there are six outstanding items on this plat. Commissioner David Ransom made a motion to approve with a second made by Vice-Chairperson Sheryl Greiner. Chairman Todd Iocco stated his concern was there were quite a few items outstanding. Motion to approve failed 1-5. "Aye"—Commissioner Neil West "No"—Chairman Todd Iocco, Vice Chairperson Sheryl Greiner, Commissioner's David Ransom, Ruby Sandars, and Linda Cowles. P. DISCUSSION ITEM—Discussion with the Projects Department regarding the 2004 Capital Improvement Plan(CIP) Page 8 of 9 — P&Z MINUTES PLANNING AND ZONING COMMISSION 40. Director of Projects Department Joe Wertz discussed the 2004 Capital Improvement Plan (CIP). III. NEXT MEETING DATES: February 24, 2004—P &Z Workshop March 1, 2004—Joint Workshop March 1, 2004— Regular P & Z Meeting March 15, 2004—JPH & Regular Meeting IV. ADJOURNMENT The meeting was adjourned at 9:50 p.m. T •se 1 /u -/ respectfully submitted : / ,I Tt h Broussard, Plannin & Secret Planning Zonin: Secretary ,,l Minutes approved as submitted and/or corrected on this da ofAi �4PP �� y 2004. d r r Page 9 of 9—P&Z MINUTES