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2004-11-15 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 NOVEMBER 15, 2004, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING, IN THE SECOND FLOOR CONFERENCE ROOM OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 9:10 p.m. with the following present: Chairman Ruby Sandars Vice Chairman Todd locco Commissioner David Ransom Commissioner Sheryl Greiner Commissioner Peter Dumont Commissioner Neil West Secretary Betty Foreman Absent: Commissioner Joe McWhorter. Also in attendance: Deputy City Attorney Nghiem Doan; Executive Director of Community Services Nick Finan; Planning Manager Lata Krishnarao; Senior Planner Theresa Grahmann; City Engineer Doug Kneupper; and Plans and Plats 4- Administrator Richard Keller. APPROVAL OF MINUTES Commissioner David Ransom made a motion to approve. Commissioner Sheryl Greiner seconded. Commisioner Todd locco had one correction on page 14, change the word from accept to approve. Commissioner David Ransom amended his original motion to approve with corrections. Commissioner Sheryl Greiner seconded. Voting "Aye" Commissioners Sandars, locco, Greiner, Ransom, Dumont, and West. Voting "No" None. Motion to approve the minutes with corrections passed 6-0. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1199 Page 1 of 9 —P&Z Minutes PLANNING AND ZONING COMMISSION Request for an amendment to the Land Use and Urban Development Ordinance AN- of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R-E), on the following described property, to wit: Legal Description: 2.00 acre of land, more or less, out of Lot 43, of Figland Orchard Subdivision of the H.T. & B.R.R. Company Survey, Section 13, Abstract 240, Brazoria County, Texas, according to the map or Plat thereof, recorded in Volume 3, Page 77 of the Plat Records of Brazoria County, Texas (Generally located on the East Side of Wagon Trail road, and south of Fite Road) Owner: Mary Jones 3233 Wagon Trail Road Pearland, Texas 77584 Commissioner David Ransom made a motion to approve. Commissioner Sheryl Greiner seconded. Voting "Aye" Commissioners Sandars, Greiner, Ransom, locco, Dumont, and West. Voting "No" None. Motion to approve passed 6-0 B. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 11201 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling (R-E), on the following described property, to wit: Legal Description: 2.50 acres of land in the Figland Orchard Subdivision, Abstract 240, H.T. & B. R.R. Company Survey, Lot 54 (Generally located on the East Side of Harkey Road, and South of Figland Street) Owner: Marshall E. and Emma E. Temple 3213 Autumn Court Pearland, Texas 77584 Commissioner Todd locco made a motion to approve. Commissioner Sheryl Greiner seconded. Voting "Aye" Commissioners Sandars, locco, Greiner, Ransom, Dumont, and West. Voting "No" None Page 2 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION Motion to approved passed 6-0 C. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE PERMIT NO. 137 Request for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for a Day Nursery or Kindergarten in the Single Family Dwelling District (R-2(S)), on the following described property, to wit: Legal Description: 2.0290 acres of land in the Thomas Greene Survey, Abstract 198, City of Pearland, Brazoria County, Texas (Generally located on the West Side of Pearland Parkway, and South of Barry Rose Road). Owner: Beeman Strong 1800 West Loop South, Suite 1575 Houston, Texas 77027 Applicant: Joe McElya 3100 Weslayan, Suite 200 Houston, Texas 77027 Commissioner Peter Dumont made a motion to approve for purpose of discussion. Commissioner Todd locco seconded. Commissioner Sheryl Greiner had concerns with allowing residential with specific use permits. She does not feel this is the best use of the land, putting a school on a major thoroughfare, and feels that this should be more a commercial type zoning with stricter guidelines. Commissioner Todd locco stated again that what happens in 5 or 10 years, that piece of property would be stuck as a daycare. A discussion ensued among Staff, Commissioners, Legal, and the applicant regarding curb cuts, detention location, driveway locations, and what the options would be to change from a Residential with a Specific Use Permit to a General Business, Office Professional, if the applicant would have to come back and reapply. Voting "Aye" None Voting "No" Commissioners Sandars, locco, Greiner, Ransom, Dumont, and West. The motion to approve R2 with a Specific Use Permit was denied 6-0 Page 3 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION Motion failed The Commissioners reasons for denial were the Commissioners feel that the appropriate zoning should be General Business or Office Professional zoning. D. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1188 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to General Business District (GB), on the following described property, to wit: Legal Description: 18.34 acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 304, being a portion of Lots 38, 39, and 40 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85 as shown on plat recorded under Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, as described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File No. 2001 013638 and 99 005373 (Generally located on the North Side of FM 581 (Broadway Street), and West of Miller Ranch Road (County Road 93)). Owner: W. C. Properties, Ltd P.O. Box 580426 Houston, Texas 77528 Commissioner Sheryl Greiner made a motion to approve. Commissioner Todd locco seconded. Chairman Ruby Sandars stated that she had a problem with taking prime 10,000 S.F. lots and put a detention pond on it. Commissioner Todd locco stated that he understood but feels that it is no different than putting a subdivision there and putting in a detention pond. Commissioner Pete Dumont asked if the General Business zone extends into the pipeline easement, or does it stop at the pipeline. Planning Manager Lata Krishnarao showed the Commissioners on the zoning map, where the General Business zone ends, and where the pipeline easement is exactly. Commissioner Pete Dumont made a motion to amend that the border of the General Business zone is to the southern edge of the pipeline easement. Commissioner Todd locco seconded. Page 4 of 9 —P&Z Minutes PLANNING AND ZONING COMMISSION Voting "Aye" Commissioners Sandars, locco, Greiner, Ransom, Dumont, and West. Voting "No" None. Motion to amend the motion passed 6-0 Voting "Aye" to the original motion of General Business with a R-1 Specific Use Permit with the General Business boundary going up to the southern boundary of the pipeline, Commissioners locco, Greiner, Dumont, Ransom, and West. Voting "No" Commissioner Sandars. Motion to approve passed 5-1 Commissioner Sandars voted no because she feels that detention should not be in an R-1. E. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1200 & SPECIFIC USE PERMIT NO. 138 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Commercial District (C) to General Business District — Specific Use Permit (GB(S)), for storage and mini-warehouse, on the following described property, to wit: Legal Description: 2.00 acres, Willetts Subdivision, Abstract 70, W.D.C. Hall Survey, Lot 2, 2C, 2D, 2C1 , 2D1, and 2E, City of Pearland, Brazoria County, Texas (Generally located on the North Side of FM 518 (Broadway Street), and East of Hamm Road) Owner: Texas No. 4, Ltd 12525 Broken Bough Drive Houston, Texas 77024 Applicant: Robert McConnell, CJR Investment Management, Inc. 10575 Westoffice Drive Houston, Texas 77042 Commissioner Sheryl Greiner made a motion to approve for the purpose of discussion. Commissioner Peter Dumont seconded. A discussion was held between the applicant, Staff, and the Commissioners regarding the flooding issues, trees, flooding problems, cleaning up of the site, and bringing the property into compliance with the City codes and ordinances. Page 5 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION Commissioner Sheryl Greiner made a motion to amend the original motion to recommend approval with the following conditions: 1. The entire subject property would be brought into compliance with all existing codes and all ordinances, and Certificate of Occupancy would be denied until compliance is met 2. 8 ft high, opaque masonry fence along the entire subject property that borders the residential zone Commissioner Todd locco seconded. Voting "Aye" Commissioners Sandars, Greiner, locco, Dumont Voting "No" Commissioners Ransom and West Motion to approve the amendment passed 4-2 Voting on original motion to approve with the amendment "Aye" Sandars, Greiner, locco, Ransom, Dumont, and West. Voting "No" None Motion to approve passed 6-0 AO In F. CONSIDERATION & POSSIBLE ACTION — THOROUGHFARE PLAN AMENDMENT Request for an amendment to the Thoroughfare Plan (Figure 7.2), of the City of Pearland Comprehensive Plan Ordinance as follows: Various Roadways, Generally located South of Beltway 8, West of State Highway 288, North of Shadow Creek Parkway, and East of Almeda Road. Applicant: City of Pearland Commissioner Sheryl Greiner made a motion to approve. Commissioner David Ransom seconded. Voting "Aye" Commissioners Sandars, Greiner, locco, Ransom, Dumont, and West. Voting "No" None. Motion to approve passed 6-0 a Page 6 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION G. CONSIDERATION & POSSIBLE ACTION — LAND USE AND URBAN DEVELOPMENT ORDINANCE TEXT AMENDMENT Request for an amendment to the Land Use and Urban Development Ordinance of said City, to consider an amendment to Section 24.11 Prohibited Signs, Advertising, Lighting, of the City of Pearland Land Use and Urban Development Ordinance (Ordinance 509) Applicant: City of Pearland This was withdrawn. H. CONSIDERATION & POSSIBLE ACTION — Amending Plat of Lot 2 of Riggle Subdivision containing 1.1010 acres of land, being all of Lot 2 of Riggle Subdivision as recorded in Volume 19, Pages 263-264 of the Plat Records of Brazoria County, Texas, and a .01985 acre tract out of a 1.805 acre tract being in the Southwest One-Half of a 3.61 acre tract described in Deed Recorded in Volume 1233, Page 558 of the Deed Records of Brazoria County, Texas, Out of Lots 12 and 13 of West Friendswood Subdivision in the Perry and Austin League, Abstract 111 , Brazoria County, Texas Plans and Plat Administrator Richard Keller stated that the owner wanted to move the lot line. There were only two outstanding items, 1) the surveyor had shown the drainage easements, which are not required, and 2) show the owners name instead of sub divider. Commissioner Sheryl Greiner made a motion to approve with Staff's comments. Commissioner Todd locco seconded. Voting "Aye" Commissioners Sandars, locco, Greiner, Ransom, Dumont, and West. Voting "No" None Motion to approved passed 6-0 I. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of USPS Pearland, Texas, Silverlake Station, 12.0467 acres in the H.T & B.R.R. Company Survey, Abstract 304, City of Pearland, Brazoria County, Texas, According to the Map or Plat thereof Recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas Plans & Plat Administrator Richard Keller stated that he wanted to see a joint access with all the owners, and wants to see all the owners listed in the owners statement, there were a few minor items, nothing that would delay it. Page 7 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION Commissioner David Ransom made a motion to approve with Staff's comments. Commissioner Todd locco seconded. Voting "Aye" Commissioners Sandars, Greiner, locco, Ransom, Dumont, and West. Voting "No" None. Motion to approve passed 6-0 J. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Parkside at Pearland a subdivision of 10.033 acre tract being Lot 59 of the Allison Richey Gulf Coast Home Company Subdivision of Section 85, H.T. & B.R.R. Co. Survey, Abstract 304, City of Pearland, Brazoria County, Texas, According to the Map or Plat thereof Recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas Plans & Plat Administrator Richard Keller stated that this was a PUD that was recently approved by the Commissioners. Mr. Keller has 1 outstanding item was that Hooks Road needed to be built at this time, and the owner had to get all the right of way. The property owner next to this development may be coming in with a preliminary plat to include Hooks Road, if not the developer stated he would plat the 80 ft required for right of way. Commissioner Neil West made a motion to approve with Staff's comments. Commissioner Todd locco seconded. Voting "Aye" Commissioners Sandars, Greiner, locco, Ransom, Dumont, and West. Voting "No" None. Motion to approve passed 6-0 K. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Pauluhn Subdivision being 10.407 acres out of Lots 44, 45 and 49, W. Zychlinski Subdivision (Vol 29, Pg. 43 B.C.D.R.) H.T. & B.R.R. Co. Survey, A-232 and R. B Lyle, A-542 City of Pearland, Brazoria County, Texas Plans & Plat Administrator Richard Keller stated that this was another PUD that was approved by the Commissioners. Mr. Keller had no outstanding items. Commissioner David Ransom made a motion to approve. Commissioner Todd locco seconded. Page 8 of 9 — P&Z Minutes PLANNING AND ZONING COMMISSION Voting "Aye" Commissioners Sandars, Greiner, locco, Ransom, Dumont, and West. Voting "No" None Motion to approve passed 6-0 L. CONSIDERATION & POSSIBLE ACTION — Selection of Planning & Zoning Commissioner to serve on the Old Townsite Committee. Commissioner Neil West asked if Sheryl Greiner would like to continue since she was the commission's representative, and Mr. West stated he would continue as being the alternate. Commissioner Sheryl Greiner stated that she would like to continue. Voting "Aye" Commissioners Sandars, locco, Greiner, Ransom, Dumont, and West. Voting "No" None Motion to have Sheryl Greiner represent the Planning & Zoning Commission on the Old Townsite Committee passed 6-0 NEXT MEETING DATES: December 6, 2004 — Regular P & Z ADJOURNMENT The meeting was adjourned at 10:14p.m. These minutes respectfully submitted by: ri:rtitn Ct►-� Betty Fore an, Planning & Zoning Secretary Minutes approved as submitted and/or corrected on this 7 day of , 200 '.5 RAAt Page 9 of 9 —P&Z Minutes