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2004-10-18 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 OCTOBER 18, 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 8:22 p.m. with the following present: Chairman Ruby Sandars Commissioner David Ransom Commissioner Sheryl Greiner Commissioner Joe McWhorter Commissioner Neil West Secretary Betty Foreman Absent: Commissioners Todd Iocco and Pete Dumont. Also in attendance: Deputy City Attorney Nghiem Doan; Executive Director of Community Services Nick Finan; Planning Manager Lata Krishnarao; Senior Planner Theresa Grahmann; and Plans and Plats Administrator Richard Keller. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 1195 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 acre of land, Tract 9A5A, Abstract 546, H. T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 6313 Terrell Drive) Owner: Jose Carlos Saldivar 6313 Terrell Drive Pearland, Texas 77584 Commissioner David Ransom made a motion to approve. Commissioner Joe McWhorter seconded. Voting "Aye" Commissioners Sandars, Ransom, McWhorter, and West. Voting "No" None. Page 1 of 11 —P&Z Minutes PLANNING AND ZONING COMMISSION Motion to approve passed 4-0, with Commissioner Sheryl Greiner absent from the chambers. B. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1198 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: 1.6053 acres, being the remainder of Lot 8, Hickory Place Subdivision, Abstract 310, H.T. & B.R.R. Company Survey, city of Pearland, Brazoria County, Texas (Generally Located on the South Side of Hughes Ranch Road (CR 403), and East of Bryan Court) Owner: Afis and Nichole Olajuwon 656 Wilcrest Drive Houston, Texas 77042 Commissioner David Ransom made a motion to approve as an R-E. Commissioner Sheryl Greiner seconded for purpose of discussion. Commissioner David Ransom explained to Commissioner Sheryl Greiner that the applicant was at the Joint Public Hearing an agreed that an R-E zone was all right. Planning & Zoning Chairperson Ruby Sandars asked Staff for a clarification that the applicant could not subdivide the lot at this time because they did not have enough property. Planning Manager Lata Krishnarao stated that was incorrect, they could not subdivide due to lack of frontage. A discussion ensued between the Commissioners and Staff regarding the possible subdividing of the lot at a later date under the current zoning ordinance. Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West. Motion to approve passed 5-0 C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1196 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: Page 2 of 11 — P&Z Minutes PLANNING AND ZONING COMMISSION Legal Description: 3.394 acres of land, being a part of Lot 7 of the Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section 21, H.T. & B.R.R. Company Survey, Abstract 309, Brazoria County, Texas, according to the plat as recorded in Volume 2, pages 23 and 24, Plat Records of Brazoria County, Texas (Generally located on the South Side of Broadway Street (FM 518) and on the East Side of Ower Lane). Owner: Charles W. Kennedy, Jr., Trustee 2764 Bingle Houston, Texas 77055 Applicant: Brazosport Cardiology 215 Oak Drive South, Suite L Lake Jackson, Texas 77566 Commissioner David Ransom made a motion to approve. Commissioner Neil West seconded. Planning & Zoning Chairperson asked why the road had to curve and take out some of the property. Senior Planner Theresa Grahmann stated that this road would have to curve to meet the existing street. A discussion ensued among Staff and the Planning & Zoning Commissioners regarding the street having to curve and would there be enough property to build a General Business (GB) zone. It was explained to the Commissioners that it was easier to try to line up the existing roads and make an intersection that will be beneficial to the applicant and the traveling public. A Traffic Impact Analysis would have to be completed at the time of platting to address the driveway spacing. Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West. Voting "No" None. Motion to approve passed 5-0 D. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1193 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: Page 3 of 11 —P&Z Minutes PLANNING AND ZONING COMMISSION Legal Description: 5.00 acres of land being the west half of Lot 19, Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section 80, H.T. & B.R.R. Company Survey, Abstract 564, Brazoria County, Texas, according to the Plat recorded in Volume 2, Page 98 of the Plat Records of Brazoria County, Texas (Located at 12216 West Broadway Street) Owner: Pearland New Harvest Christian Fellowship, Inc. 12216 W. Broadway Street Pearland, Texas 77584 Applicant: Pastor Keith Anderson P.O. Box 1211 Pearland, Texas 77588 Commissioner Neil West made a motion to approve. Commissioner Joe McWhorter seconded. Commissioner Sheryl Greiner stated that Staff had a valid comment regarding an R-1 specific use not requirements of facade and screening. A discussion ensued between Staff and the Commissioners regarding requiring screening, the facade, making this a walk able community, and building to the scheme of the surrounding area. The Commissioners after the discussion felt this should be tabled until some questions were addressed. Commissioner Sheryl Greiner made a motion to table this zone request. Commissioner Joe McWhorter seconded. Voting "Aye" Commissioners Sandars, Greiner, Ransom, and McWhorter. Voting "No" None. Abstaining Commissioner Neil West. Motion to table passed 4-0-1. G. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1174 Request for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-4) to Planned Unit Development (PUD), on the following described property, to wit: Page 6 of 11 — P&Z Minutes PLANNING AND ZONING COMMISSION Legal Description: 29.3049 acres of land out of Tract 162 of the W. Zychliniski Subdivision of Section 28, H. T. & B.R.R. Company Survey, Abstract 551, according to the map or plat thereof recorded in Volume 29, Page 9, of the Deed Records of Brazoria County, Texas, and being a part of the lands described in deed to R. West Development Co., Inc. Recorded under Brazoria County Clerk's File No. 99-040666, and a deed to Ravenwood Section 3, Ltd., recorded under Brazoria County Clerk's File No. 02-037050, both of the Official Public Records of Brazoria County, Texas (Generally located on the West Side of Future Pearland Parkway, and North of Industrial Drive) Owner: R. West Development Company, Inc. 6302 Broadway, Suite 205 Pearland, Texas 77581 Commissioner Neil West made a motion to approve. Commissioner Joe McWhorter seconded. Commissioner Sheryl Greiner stated that there were to many outstanding issues regarding the PUD. Commissioner Greiner feels this is premature to be able to approve due to the number of outstanding items still open. Commissioner David Ransom agreed, he counted six outstanding items, and feels that all the items need to be addressed. There are several outstanding items the Commissioners feel need to be addressed: 1. Overall density - net density and lot coverage- Commissioners feel is important and needs to be in the PUD 2. Show location of 8 ft high solid masonry fence and wrought iron fence on the site plan. 3. Staff recommends a note in the PUD document that unless an item is specified in the PUD then the Land Use and Urban Development Ordinance will apply. 4. Traffic Impact Analysis may be required at time of platting. Executive Director of Community Services Nick Finan asked if there could be a requirement to do a comparison between a straight R-4 and an R-4 PUD. The Commissioners agreed this was important. 5. Discrepancy of the square footage - it was revised in the PUD 6. Recommend the swimming pool be centrally located for ease and access. Commissioners feel that is not a big issue in the PUD Page 7 of 11 -P&Z Minutes PLANNING AND ZONING COMMISSION 7. Provide additional parking for the pool area. Commissioners feel that the additional parking needs to be spelled out in the PUD 8. Include the documentation for the access rights to the 30-acre lake. Commissioners feel this needs to be added to the PUD. 9. Recommend reduction in density. The Commissioners were unclear that an R-4 has a density of 6.1 units per acre. Executive Director of Community Services Nick Finan explained how the density is calculated upon taking all factors into consideration. Planning & Zoning Chairperson Ruby Sandars asked how the Commissioners feel about the 9.15 density. All 10. Updated aerial photo—this is not important to the Commissioners 11. All amenities constructed during Phase 1. It was stated that all the amenities would be constructed during Phase 1. 12. Show pedestrian access from subject parcel to the 30-acre lake. The owner's representative stated that there is a walking trail to the Gazebo to the lake. Commissioners feel there should be a note explaining in the PUD. 13. Suggested parking for bike racks near the clubhouse. Commissioners feel that it is not important to be in PUD 14. Address deed restrictions 80% rented to 55 and older. The owner's representative stated that their legal department was working on the language. Commissioners feel this should be completed before this PUD goes before the Council. Executive Director of Community Services Nick Finan asked the Commissioners if they felt the applicant should come back to the Planning & Zoning Commission so the Commissioners could see that the changes discussed were address before the PUD goes before the Council. Planning & Zoning Commissioners feel that this should come back before the Planning & Zoning Commission before going before Council so that everyone has agreed to the same PUD. Commissioner David Ransom made a motion to table. Commissioner Sheryl Greiner seconded. Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West. Page 8 of 11 —P&Z Minutes PLANNING AND ZONING COMMISSION Voting "No" None. Motion to table passed 5-0. H. CONSIDERATION & POSSIBLE ACTION - A variance requested on behalf of Darlene Tuyet, owner, Estates of Dixie Farm, to request waiver of payment for sidewalk fees until a later date when the street widening has been completed. Plan & Plats Administrator Richard Keller explained that the owner objected to paying the sidewalk fee at this time because there were no other sidewalks in the area. Mr. Keller explained that he did not have the authority to waive the fees, but he explained that they could get a variance. Deputy City Attorney Nghiem Doan asked why this is before the Planning & Zoning Commission instead of the Zoning Board of Adjustments. Mr. Keller explained that this was a variance in the Land Use Ordinance not a zoning issue. A discussion was held between the Planning & Zoning Commission, Staff, and legal counsel regarding whether or not this was a Planning & Zoning case or could the Staff give the waiver. The Planning & Zoning Commission passed this item over to Zoning Board of Adjustments (ZBA). I. CONSIDERATION & POSSIBLE ACTION - Final Plat of the Estates of Dixie Farm, a tract or parcel of land containing 3.0245 acres out of Lots 83 & 84 of George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70 in City of Pearland, Brazoria County, Texas Plan & Plats Administrator Richard Keller stated this was the same property as discussed before. The only outstanding item was the payment of sidewalk fees. Commissioner Sheryl Greiner made a motion to deny until agreement on the sidewalk is reach. Commissioner Neil West seconded. A discussion ensued between legal counsel and Staff whether this plat conforms to the law. It was clarified that the plat did conform. Planning & Zoning Chairperson Ruby Sandars called for a vote to deny. Voting "Aye" None Commissioner David Ransom made a motion to approve with Staff's comments. Commissioner Joe McWhorter seconded. Page 9 of 11 -P&Z Minutes PLANNING AND ZONING COMMISSION Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West. Voting "No" None Motion to approve with Staff's comments passed 5-0 J. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Silver Pear 518 Business Park being a subdivision containing 6.0917 acres of land (0.5921 acres in roads) out of Lot 44 and 45 of the Allison Richey Gulf Coast Home Company Subdivision of Section 20, H.T. & B.R.R. Company Survey, Abstract 506, Brazoria County, Texas according to the map or plat thereof recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas, City of Pearland. Plan & Plats Administrator Richard Keller stated that there were three minor outstanding comments. The items are 1) show mutual access between Lots 1 & 2, 2) show the dividing line between detention reserve and lot 2, and 3) show all building lines as dashed lines. Commissioner David Ransom made a motion to approve with Staff's comments. Commissioner Sheryl Greiner seconded. Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West. Voting "No" None. Motion to approve with Staff's comments passed 5-0 K. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Orchard Plaza being a subdivision of 6.7430 acres in the H.T. & B.R.R. Company Survey, Section 19, Abstract 234, City of Pearland, Brazoria County, Texas. Plan & Plats Administrator Richard Keller stated that there were only three minor items. 1) adding contact person for owner, 2) 40' ROW in Zapalac Road not to scale, and 3) show adjoining street as Freedom Drive instead of Old Chocolate Bayou Road. Commissioner David Ransom made a motion to approve with Staff's comments. Commissioner Sheryl Greiner seconded. Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West. Voting "No" None Page 10 of 11 -P&Z Minutes PLANNING AND ZONING COMMISSION Motion to approve with Staff's comments passed 5-0 L. CONSIDERATION & POSSIBLE ACTION — Final Plat of Gonzalez Subdivision, 1 Block, 1 Lot, 1.7992 acres in the H.T. & B.R.R. Company Survey, Abstract 243. City of Pearland, Brazoria County, Texas. Plan & Plats Administrator Richard Keller stated there were no outstanding items. Commissioner David Ransom made a motion to approve. Commissioner Sheryl Greiner seconded. Voting "Aye" Commissioners Sandars, Greiner, Ransom, McWhorter, and West. Voting "No" None Motion to approve passed 5-0 M. CONSIDERATION & POSSIBLE ACTION — Final Plat Avalon Terrace Section 1. a subdivision of 32.4160 acres of land out of the H.T. & B.R. R. Company Survey, Abstract 505, Brazoria County, Texas. Pulled from the agenda N. DISCUSSION ITEM — Planning conference — Texas Chapter American Planning Association. Commissioners Sheryl Greiner and Ruby Sandars gave a report from the conference. Both felt this was a very good and informative conference. NEXT MEETING DATES: November 1, 2004 — Regular P & Z November 15, 2004 — JPH & Regular P & Z ADJOURNMENT The meeting was adjourned at 10:11 p.m. These minutes respectfully submitted by: / irc"-- Betty Fo man, Planning & Zoning Secretary Minutes approved as submitted and/or corrected on this day of , 2004. Page 11 of 11 — P&Z Minutes