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2004-01-19 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 JANUARY 19, 2004, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING, IN THE FIRST FLOOR COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The meeting was called to order at 9:50 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 Commissioner Don Sederdahl 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. r II. APPROVAL OF MINUTES: December 1, 2003 December 15, 2003 Commissioner Don Sederdahl made a motion to approve with a second made by Commissioner Linda Cowles. Motion to approve passed 7-0 III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1138 Zone Change Application No. 1138 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: 1.988 acres, out of a 5.949 acre tract as described in Volume 1439, Page 851, of the Deed Records of Brazoria County, Texas, being out of a 35.950 acre tract, out of a Page 1 of 8 —P&Z Minutes PLANNING AND ZONING COMMISSION tract of 80 acres out of the North 1h of the southeast 1/4 of Section 16, George C. Smith Survey, Abstract 546, Brazoria County, Texas (West Side of Harkey Road, and on the North Side of Terrell Drive) Owners: David and Ma Garcia & Antonio Linares 605 Nevada 1005 Avenue J South Houston, Texas 77587 South Houston,Texas 77587 Commissioner Don Sederdahl made a motion to consider Items A, B, and C s simultaneously. Commissioner David Ransom seconded the motion. Motion to passed 7-0 Commissioner David Ransom made a motion to approve Zone Change Applications No. 1138, 1143, and 1144 with a second made by Commissioner Don Sederdahl. Motion to approve passed 7-0 B. CONSIDERATION & POSSIBLE ACTION - ZONING APPLICATION NO. 1143 Zone Change Application No. 1143 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: 1.1183 acres, Lot 1, out of Tract 10 of an unrecorded subdivision of Section 7, H.T. &B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (1637 Garden Road) Owner: Nguyen Van Ly 3914 Greenwood Drive Pearland, Texas 77584 Applicant: Danny and Cathy Roarke 12353 Beamer Road Apt. 504 Houston, Texas 77089 C. CONSIDERATION & POSSIBLE ACTION-ZONING APPLICATION NO. 1144 Zone Change Application No. 1144 Page 2 of 8—P&Z Minutes PLANNING AND ZONING COMMISSION 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: Lot 13, Block 4, West Lea Subdivision, H.T. &B.R.R. Company Survey, Abstract 546, Brazoria County, Texas (3742 Meadowlark Way) Owner: Michael and Beverly Konzem 1026 W. Belgravia Pearland, Texas 77584 Applicant: Design Tech Homes 18750 Interstate 45 Spring, Texas 77373 D. CONSIDERATION & POSSIBLE ACTION—SPECIFIC USE PERMIT APPLICATION NO. 131 Specific Use Permit Application No. 131 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)), in order to allow a public school and school-related facilities, with any new building additions to have exterior walls that match the existing buildings on site, on the following described property, to wit: Legal Description: 22.085 acres, situated in Lots 105 and 108 of a subdivision of the A.C.H. &B.R.R. Company Survey, Section 1, Abstract 147, Brazoria County, Texas (3202 E. Plum Street) Owner: Pearland Independent School District 2337 N. Galveston Street Pearland, Texas 77581 Applicant: PBK Architects, Inc. 3027 Marina Bay Drive, Suite 210 League City, Texas 77573 Vice Chairperson Sheryl Greiner made a motion to approve with a second made by Commissioner Linda Cowles. Chairman Todd Iocco stated he was not in favor because it is not good planning. Page 3 of 8 —P&Z Minutes PLANNING AND ZONING COMMISSION Vice Chairperson Sheryl Greiner stated the school district was their first historically, but that they could be better neighbors. Commissioner Ruby Sandars stated a masonry fence would be nice. Commissioner Linda Cowles made a motion to call for the question with a second made by Commissioner Don Sederdahl. Motion to call the question carries 7-0 Motion to approve failed 2-5 Vote Record "Aye"—Commissioner Ruby Sandars and Vice Chairperson Sheryl Greiner "No" — Chairman Todd Iocco, Commissioner's David Ransom, Linda Cowles, Neil West, and Don Sederdahl. E. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1137 Zone Change Application No. 1137 91 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Office and Professional District (OP), on the following described property, to wit: Legal Description: 0.635 acres, out of Lot 47 of the Allison-Richey Gulf Coast Home Company, H.T. &B.R.R. Company Survey, Abstract 304, Brazoria County, Texas (East Side of Miller Ranch Road, north of Summer Breeze Drive) Owner: David H. Moore 2645 Miller Ranch Road Pearland, Texas 77584 Commissioner David Ransom made a motion to approve with a second made by Commissioner Linda Cowles. Chairman Todd Iocco stated his concern is if the Commission denies the zone change for Office Professional, what person is going to come clean up the concrete plant for a residential development. Commissioner David Ransom stated we need to look at it as a growth problem. r Page 4 of 8 —P&Z Minutes PLANNING AND ZONING COMMISSION Commissioner Don Sederdahl stated if we zone the property to Office Professional, they could develop a hotel or motel and this could open a gigantic can of worms. Motion to approve failed 0-7 F. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1146 Zone Change Application No. 1146 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-2) to General Business District (GB), on the following described property, to wit: Legal Description: 0.401 acres, situated in an original 10-acre tract as recorded in Volume 410, Page 536 of the Deed Records of Brazoria County, Texas, Section 4, H.T. &B.R.R. Company Survey, Abstract 543, Brazoria County, Texas (4706 and 4709 W. Broadway Street) Owner: Nathan Zainfeld 12726 Sunbrook Brookside,Texas 77581 Commissioner Ruby Sandars made a motion to approve with a second made by Vice Chairperson Sheryl Greiner. Motion to approve passed 7-0 G. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1136 Zone Change Application No. 1136 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: Legal Description: 1.867 acres, Tract 39A, and 2.00 acres, Tract 39A1, of the Allison Richey Gulf Coast Home Company Subdivision of Section 85, out of the H.T. &B.R.R. Company Survey, Abstract 304, Brazoria County, Texas (2806 Miller Ranch Road) r Page 5 of 8—P&Z Minutes PLANNING AND ZONING COMMISSION Owner: Trinity Leasing, Ltd. P.O. Box 3037 Pearland, Texas 77588 Applicant: Kim Durrett P.O. Box 3037 Pearland, Texas 77588 Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner David Ransom. Vice Chairperson Sheryl Greiner stated she felt that this does not conform to the best use. Motion to approve failed 0-7 H. CONSIDERATION & POSSIBLE ACTION—ZONING 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 Commercial District (C), on the following described property, to wit: Legal Description: 3.00 acres, being a part of Lot 178, Zychlinski Subdivision of Section 28, H.T. &B.R.R. Company Survey, Abstract 551, Brazoria County, Texas (East Side of Dixie Farm Road) Owner: Enrique Guzman 9946 Ayes Houston, Texas 77034 Commissioner David Ransom made a motion to approve with a second made by Commissioner Don Sederdahl. Commissioner Ruby Sandars asked why they would want to put a reception hall in this location. Vice Chairperson Sheryl Greiner commented this violates our views, and we should be consistent. Commissioner Don Sederdahl made a motion to table with a second made by Commissioner David Ransom. r Page 6 of 8—P&Z Minutes PLANNING AND ZONING COMMISSION Motion to table approved 7-0 I. CONSIDERATION & POSSIBLE ACTION— ZONING APPLICATION NO. 1145 Zone Change Application No. 1145 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: 1.00 acre, Tract 6A, H.T. &B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (1430 O'Day Road) Owner: William Poston 1423 Crystal Lake Circle East Pearland, Texas 77584 Commissioner Sheryl Greiner made a motion to approve with a second made by Commissioner David Ransom. Commissioner Ruby Sandars stated we should be consistent. Motion to approve failed 0-7 J. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1147 Zone Change Application No. 1147 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Planned Unit Development (PUD) to Planned Unit Development (PUD), on the following described property, to wit: Legal Description: 522.62 acres, situated in the H.T. &B. R.R. Company Survey, Section 80, Abstract 564, and Section 80, Abstract 538, being all of a called 120.134 acre tract of land described in a deed recorded in Volume (90) 820, Page 217, Volume (91) 866, Page 357, and Volume (92) 994, Page 172, of the Brazoria County Deed Records, and Lots 3 through 8, 11 through 18, 20 through 26, 27 through 34, Lots 37 & 38, and the west 1/2 of Lot 39, all of Lots 42, 43, 44, 45, 52 through 55, and 8.11 acres of Lot 56 of the Allison-Richey Gulf Coast Home Company subdivision recorded in Volume 2, Page 98 of the Brazoria County Map Records, all in Brazoria County, Texas (On the South Side of CR 92 (Broadway Street), on the North Side of CR 59, and on the East and West Sides of CR 48) Page 7 of 8—P&Z Minutes PLANNING AND ZONING COMMISSION fOw,ner: 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 M. Johnson 900 Apollo Lane, Suite C Houston, Texas 77058 Commissioner Ruby Sandars made a motion to approve with a second made by Commissioner Linda Cowles. Chairman Todd locco commented, excellent job on the road alignment. Motion to approve passed 7-0 K. DISCUSSION ITEM - Discussion with the Projects Department regarding the 2004 Capital Improvement Program(CIP). Joe Wertz, Senior Projects Director discussed the 2004 Capital Improvements irk Program. IV. NEXT MEETING DATES: February 2, 2004—P &Z Meeting February 16, 2004—JPH & Regular P&Z V. ADJOURNMENT The meeting adjourned at 10:50 p.m. T' -:- •`tes r pectfully submitted by: ALLA. AIA .LJkL LA IIBroussard, ing &Zoning Secret. , ' : utes approved as submitted and/or corrected on this I day of i r a i(Ii , 2004. ow- Page 8 of 8—P&Z Minutes