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2006-07-17 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 17, 2006, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The public hearing was called to order at 6:58 p.m. Mayor Tom Reid opened the hearing for both the City Council and the Planning and Zoning Commission, with the following present: Mayor Tom Reid Councilmember Kevin Cole Councilmember Felicia Kyle Councilmember Helen Beckman Councilmember Steve Saboe P & Z Vice Chairperson Sheryl Greiner P & Z Commissioner Neil West P & Z Commissioner Henry Fuertes P & Z Commissioner Susan Sherrouse P & Z Commissioner Darrell Diggs P & Z Commissioner Jerry Koza, Jr. Also in attendance: City Attorney Darrin Coker; City Manager Bill Eisen; Assistant City Manager Nicholas Finan; Assistant City Manager Mike Hodge; Public Works Director Danny Cameron; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Planner 1 Diana DuCroz; Plan and Plat Administrator Richard Keller; and Planning Administrative Secretary Judy Krajca Council member Kevin Cole arrived at 7:45 p.m. Planning Director Lata Krishnarao explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission Meeting will immediately follow the Joint Public Hearing in the 2nd floor conference room. Mayor Reid opened the hearing for CUP 2006-3 at 7:03 p.m. PURPOSE OF HEARING A. CONDITIONAL USE PERMIT NO. 2006-6 A request by Rodney Slaton, applicant for Mahmud Hedayati, owner, for approval of a Conditional Use Permit for a "Mini-Warehouse/Self Storage" facility in the General Business Retail District (GB), on the property located on the East Side of Westminister Street, and Approximately 300 feet North of FM 518 (Broadway Street) Vice Chairperson Sheryl Greiner read the purpose into the record. Page 10f7 IPH Minutes, 7/17/06 Planning Director Lata Krishnarao presented the Staff Report. Staff recommends approval of this Conditional Use Permit, stating that buffering adjacent to residential could be a condition of approval, since the recently adopted Unified Development Code does not require buffering. The applicant, Mr. Rodney Slaton briefly spoke on behalf of the owner stating that he would answer any questions from the Council/Com mission/Staff. There was no one to speak for or against this Conditional Use Permit. Ms. Krishnarao stated that a site plan was attached to this Conditional Use Permit, but Staff is asking that this site plan not be approved as a part of the CUP. Councilmember Saboe stated that he would like to echo Ms. Krishnarao comment on the buffering being a condition of approval. Councilmember Kyle stated for the record that when the P&Z considers this CUP, that if buffering is a condition of approval, they specifically state that all requirements of the Unified Development Code be satisfied. The Public Hearing for Conditional Use Permit No. CUP 2006-6 was adjourned at 7:14 p.m. The Public Hearing for Zone Change Application No. 2006-28Z at 7: 14 p.m. B. ZONE CHANGE NO. 2006-28Z A request by Richard Gonzalez, applicant for RMMA Investments, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential - 2 District (R-2) to Townhouse Residential District (TH), on the property located on the South Side of Walnut Street, and Approximately 400 Feet East of McLean Road P&Z Vice Chairperson Sheryl Greiner read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. Staff recommends approval. There was one public comment form received in opposition. Applicant Richard Gonzalez was present to speak. He spoke of his plan to remove the older homes, and put in Townhomes, similar to those in The Heights of Houston. There was no one present to speak for or against the zone change. Councilmember Saboe questioned if the person opposing this zone change in writing directly bordered this property, and a description of the Page 2 of7 lPH Minutes, 7/17/06 small strip of property noted on the map. Ms. Krishnarao stated that the public comment received in opposition was a neighbor, but would check into this further to see if they adjoined this property. Councilmember Kyle expressed concerns of townhouses among single family residences, along with General Business across the street and Office Professional next to this. She called this a "hodge podge" of zoning. Councilmember Beckman stated that townhouses might be a good transition for the area. Commissioner West stated that he did not see this as a "hodge podge" of zoning, but a mixed area with the Old Townsite nearby. Vice-Chairperson Greiner brought up the fact that the corner lot at Johnston & Walnut had previously come before a Joint Public Hearing for a zone change to residential. She wished to bring this fact up to show a trend in what this area is trying to do. Ms. Krishnarao also stated that lots on McLean Road have been rezoned to residential and will be reflected on the next printout of the zoning map. Assistant City Manager Finan brought up the Thoroughfare Plan and that TxDOT would be looking at this area. There was much discussion between Mr. Finan and Ms. Krishnarao regarding the Right-of-Way of Walnut Street. Mr. Gonzalez stated that he could do a 20 to 40 foot setback, as his lots were 200 feet deep. Councilmember Saboe asked for clarification of the small strip west of the applicants property. Discussion continued among the Council/Commission/Staff regarding how many townhouses was being looked at. Mr. Gonzalez stated he had not put a plan together yet, but was looking at about 8 and 10 units. The Public Hearing for Zone Change No. 2006-28Z was adjourned at 7:38 p.m. A short break was taken to adjust the sound system in the Council Chambers. The Public Hearing for Zone Change No. 2006-29Z opened at 7:45 p.m. C. ZONE CHANGE NO. 2006-29Z Page 3 of 7 lPH Minutes, 7/17/06 A request by Monty Hudson, applicant for Jasvant C. Patel, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential - 1 District (R-1) to Office and Professional District (OP), on the property located on the West Side of Miller Ranch Road (County Road 93), and Approximately 800 Feet North of FM 518 (Broadway Street) P&Z Vice Chairperson Sheryl Greiner read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff recommends approval. Mr. Monty Hudson of 3402 Fonders Trail, Arlington, TX 76015 was present and represented the owner. He spoke of the hotel they wish to put in. There was no one present to speak for or against this zone change. The Public Hearing for Zone Change No. 2006-29Z was adjourned at 7:51 p.m. The Public Hearing for Zone Change No. 2006-27Z opened at 7:51 p.m. D. ZONE CHANGE NO. 2006-27Z A request by George Muthalaly, applicant for Moritz V. Craven, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential - 3 District (R-3) to Office and Professional District (OP), on the property located on the East Side of Wooten Road, and Approximately 1 ,100 Feet North of FM 518 (Broadway Street) P&Z Vice-Chairperson Sheryl Greiner read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff recommends disapproval/denial of this zone change. Staff received two public comment forms, one opposed and one in favor (from the owner). The applicant Mr. George Muthalaly was present to speak on behalf of the owner. He passed out printouts of the slides he showed on Wooten Road. Ms. Catherine Henning of 10110 Lamb Brook Lane, Pearland, TX spoke in opposition of the zone change. She felt that this would affect the value of the land as she lives in the Autumn Lakes Subdivision, adjoining this property. She also asked that the City look into correcting her street name Page 4 of7 IPH Minutes, 7/17/06 on maps. It is Lamb Brook Lane, and is showing up on maps as Lamb Brock. She stated it was very hard for emergency vehicles to find their street, due to this typographical error. Councilmember Saboe asked what type of fence was on the backyard of the subdivision homes. It was stated that it is a 6 ft. high wooden fence. Councilmember Cole asked what the future plans were for Wooten Road. And did Home Depot have plans to improve Wooten Road. Senior Planner Grahmann stated that Home Depot did not have to plat nor dedicate Right-of-Way. She stated she would have to review the Right-of- Way on Wooten Road. Discussion continued among the Council/Commission/Staff. Commissioner West stated that it was still a problem with a floating transition zone. Ms. Grahmann stated that a site plan was included in the packet for the Council/Commission to review. It showed landscaping, fencing, driveway and parking. Staff could have recommended Office Professional, but chose to stick with the Comprehensive Plan, and recommend denial of this zone change. Discussion ensued regarding the property between the Home Depot and the subject property. The Public Hearing for Zone Change No. 2006-27Z adjourned at 8:16 p.m. The Public Hearing for Zone Change No. 2006-26Z opened at 8:16 p.m. E. ZONE CHANGE NO. 2006-26Z A request by AI Osborn (Osborn and Vane Architects), applicant for Donya, LLC, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential - 4 District (R-4) to General Commercial District (GC), on the property located approximately 500 Feet West of Liberty Drive, and Approximately 300 Feet South of FM 518 (Broadway Street) P&Z Vice-Chairperson Sheryl Greiner read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff recommends approval. The applicant, AI Osborn was present to speak on behalf of the owner. Page 5 of 7 JPH Minutes, 7/17/06 Mr. Larry Marcott, of 3606 Inverness Court, Pearland, TX 77581 spoke in opposition of the zone change. He stated that the owner needed to connect to the library as was originally proposed. Mr. Jay Javadi, of 9815 Sagedale Dr., Houston, TX 77089, the owner, spoke in favor of the zone change. He disagreed with what Mr. Marcott said. Councilmember Cole asked City Attorney Darrin Coker to talk about the history of this land swap between Mr. Javadi and the City of Pearland. Mr. Coker outlined the land swap, starting with how the City approached Mr. Javadi to sell the property where the current parking lot is located. Mr. Javadi purchased this property and put in a parking lot. The City and Mr. Javadi agreed to swap the property at the corner for the piece of subject property. In doing so, Mr. Javadi indicated that it would be used for detention. He was also asked to use offsite detention. It was not a restriction in the deed to make the subject property a detention area. He did obtain detention offsite. Mr. Javadi then platted the property. It was discovered that additional right-of-way was needed on Broadway Street and Liberty Drive. He donated it as part of the platting process. He applied for a zone change, and it was denied. He has applied for a zone change again. Mr. Coker stated that there is supposed to be an inter-connect to the Library. Mr. Javadi has been meeting with the City Engineer, Mr. Doug Kneupper. This is a restriction required in the Deed. The delay has been on the City and Library's part, and not the fault of Mr. Javadi. This is the only issue outstanding. Councilmember Kyle stated that the City needed to modify the deed regarding walkway verses driveway. Vice-Chairperson Greiner asked Staff why it was denied before. Mr. Coker stated that the 1 st time was because it had not been platted. He was unsure why it was denied the 2nd time. There was a litigation suit going on at this time, due to the sewage being backed up during Tropical Storm Allison, and that this litigation should have no bearing on this zone change. The litigation suit has been resolved. The Public Hearing for Zone Change No. 2006-26Z was adjourned at 8:44 p.m. Page 6 of 7 lPH Minutes, 7/17/06 ADJOURNMENT The hearing was adjourned by Mayor Reid at 8:45 p.m. These minutes are respectfully submitted by: g; 4. 4 rl!J. JudyKr a ~ ~ Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 14 Auqust . A.D., 2006. ~)~J<~ Tom Reid Mayor Page 7 of 7 lPH Minutes, 7/17/06 day of THIS PAGE LEFT BLANK INTENTIONALL Y