Planning and Zoning Commission Meeting

MINUTES OF REGULAR PLANNING & ZONING COMMISSION MEETING CITY OF TOMBALL, TEXAS MONDAY, MAY 14, 2012 6:00 P.M. 1.0 Call to Order The meeting was called to order by Chairman Wallace at 6:10 p.m. Other members present were: Commissioner Tague Commissioner Kendler Commissioner Beauvais Commissioner Chervenak Others present: Director of Community Development – Narciso Lira Assistant City Planner – Rodney Schmidt Engineering & Planning Senior Administrative Assistant – Brandy Pate City Attorney – Loren Smith 2.0 No public comments were received 3.0 No Reports or Announcements were received. 4.0 Motion was made by Commissioner Tague to approve the Minutes of the Regular Planning & Zoning Commission meeting of April 9, 2012; second by Commissioner Beauvais. Motion carried unanimously. 5.0 New Business: 2.1 Narciso Lira, Director of Community Development presented comment recommendations. Motion was made by Commissioner Tague, second by Commissioner Beauvais, to approve, with contingencies, DAKOTA PINES; Being a Subdivision of 5.0005 Acres of land situated in the John S. Smith Survey, Abstract No. 730, Harris County, Texas. Being a Replat of Lots 1 and 2, Block 1, of Rosemont Heights Addition Recorded in Volume 525, Page 251 of the deed records of Harris County, Texas.  Minutes Regular Planning & Zoning Commission Meeting May 14, 2012 Page 2 of 5 Motion carried unanimously. 5.2 Narciso Lira, Director of Community Development presented comment recommendations. Motion was made by Commissioner Tague, second by Commissioner Kendler, to approve, SHEPHERD CENTER PRELIMINARY PLAT: Being a Subdivision of 0.2871 Acre, being comprised of a 0.166 Acre Tract and a 0.121 Acre Tract situated in the Joseph House Survey, Abstract 34, City of Tomball, Harris County, Texas. Motion carried unanimously. 5.3 Narciso Lira, Director of Community Development presented comment recommendations. Motion was made by Commissioner Chervenak, second by Commissioner Tague, to approve, with contingencies, SHEPHERD CENTER FINAL PLAT: Being a Subdivision of 0.2871 Acre, being comprised of a 0.166 Acre Tract and a 0.121 Acre Tract situated in the Joseph House Survey, Abstract 34, City of Tomball, Harris County, Texas. Motion carried unanimously. 5.4 Consideration to approve ZONING CASE P12-427: Request by Paula Rodriguez to amend the City’s Comprehensive Zoning Ordinance by rezoning approximately 1.36 acres of land, legally described as Tract 10, Meadow Lark Hill (Unrecorded), within the City of Tomball, Harris County, Texas, generally located easterly of Johnson Road, southerly of Michel Road, from the Duplex Residential District to the Commercial District. The Public Hearing was opened by Chairman Wallace at 6:18 p.m. Rodney Schmidt, Assistant City Planner presented the staff report. Applicant chose not to speak. No Public comments were received and the Public Hearing was closed at 6:23 p.m. Commissioner Kendler made a motion to approve the rezoning request for ZONING CASE P12-427; second by Commissioner Tague. Vote was as follows: Commissioner Tague Aye Commissioner Chervenak Aye Commissioner Beauvais Aye Commissioner Kendler Aye Commissioner Wallace Aye Motion carried unanimously.  Minutes Regular Planning & Zoning Commission Meeting May 14, 2012 Page 3 of 5 5.5 Consideration to approve ZONING CASE P12-428: Request by Paula Rodriguez, on behalf of Ronald Rodriguez, to amend the City’s Comprehensive Zoning Ordinance by rezoning approximately 1.36 acres of land, legally described as Tract 11, Meadow Lark Hill (Unrecorded), within the City of Tomball, Harris County, Texas, generally located easterly of Johnson Road, southerly of Michel Road, from the Duplex Residential District to the Commercial District. The Public Hearing was opened by Chairman Wallace at 6:25 p.m. Rodney Schmidt, Assistant City Planner presented the staff report. Applicant chose not to speak. No Public comments were received and the Public Hearing was closed at 6:29 p.m. Commissioner Chervenak made a motion to approve the rezoning request for ZONING CASE P12-428; second by Commissioner Kendler. Vote was as follows: Commissioner Tague Aye Commissioner Chervenak Aye Commissioner Beauvais Aye Commissioner Kendler Aye Commissioner Wallace Aye Motion carried unanimously. 5.6 Consideration to approve ZONING CASE P12-429: Request by the City of Tomball to amend the City’s Comprehensive Zoning Ordinance by rezoning approximately 1.36 acres of land, legally described as Tract 7, Meadow Lark Hill (Unrecorded), within the City of Tomball, Harris County, Texas, generally located easterly of Johnson Road, northerly of Theiss Lane, from the Duplex Residential District to the Commercial District. The Public Hearing was opened by Chairman Wallace at 6:30 p.m. Rodney Schmidt, Assistant City Planner presented the staff report. No Public comments were received and the Public Hearing was closed at 6:31 p.m. Commissioner Beauvais made a motion to approve the rezoning request for ZONING CASE P12-429; second by Commissioner Tague. Vote was as follows: Commissioner Tague Aye Commissioner Chervenak Aye Commissioner Beauvais Aye Commissioner Kendler Aye  Minutes Regular Planning & Zoning Commission Meeting May 14, 2012 Page 4 of 5 Commissioner Wallace Aye Motion carried unanimously. 5.7 Consideration to approve ZONING CASE P12-430: Request by David Quinn, on behalf of Tomball Tomahawk Properties, LLC, for a Conditional Use Permit to operate a “Barber/Beauty Shop (No Related School/College).” The property is an approximately 0.85 acre site, legally described as Lot 1, Block 1, Tomahawk Properties, generally located on the easterly side of Baker Drive, southerly of Inwood Street. The site is located in the Single-Family Residential-6 District with a vested rights classification of Office District. Commissioner Tague abstained from voting, and a conflict of interest affidavit was filed with the City Secretary. The Public Hearing was opened by Chairman Wallace at 6:34 p.m. Rodney Schmidt, Assistant City Planner presented the staff report. Applicant, David Quinn of 13415 Lost Creek Rd. spoke on behalf of the request. The following people spoke in opposition of ZONING CASE P12-430: Christine Roquemore – 614 N. Hickory David Tague – 503 Inwood Earle Oldham – 610 Inwood Harry Byrd – 602 N. Hickory Ken Graham – 607 N. Magnolia Jane Solomon – 607 Hicks Additional public comment forms in opposition of ZONING CASE P12-430 were received from the following people: Lola Gordon – 603 Inwood George & Sandra Chastain – 615 N. Hickory St. Herman & Emily McClinton – 407 S. Pecan St. Applicant, David Quinn provided rebuttal. Hearing no additional comments, the Public Hearing was closed at 7:14 p.m.  Minutes Regular Planning & Zoning Commission Meeting May 14, 2012 Page 5 of 5 Commissioner Chervenak made a motion to approve the rezoning request for ZONING CASE P12-430; second by Commissioner Beauvais. Vote was as follows: Commissioner Tague Abstained Commissioner Chervenak Nay Commissioner Beauvais Nay Commissioner Kendler Nay Commissioner Wallace Aye Motion failed 3-1 6.0 Motion was made by Commissioner Kendler to adjourn; second by Commissioner Chervenak. Motion carried unanimously. Meeting adjourned at 7:27 p.m. PASSED AND APPROVED this 11th day of June 2012. Brandy Pate Lori Wallace Brandy Pate Lori Wallace P&Z Commission Secretary Chairman