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2012-01-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JANUARY 16, 2012 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Chairperson Jerry Koza, Jr. called the meeting to order at 7:45 p.m. with the following present: P&Z Chairperson Jerry Koza, Jr. P&Z Vice -Chairperson Richard Golden P&Z Commissioner Henry Fuertes P&Z Commissioner Phil Cessac P&Z Commissioner Neil West P&Z Commissioner Sheila Fischer Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Harold Ellis, Planner II Evan Duvall, Assistant City Manager Mike Hodge, Deputy City Attorney Nghiem Doan, and Planning Office Coordinator Judy Krajca. APPROVAL OF MINUTES P&Z Commissioner Phil Cessac made the motion to approve the minutes of the P&Z Regular Meeting of November 21, 2011, and P&Z Commissioner Henry Fuertes seconded. The vote was 6-0. The minutes of the P&Z Regular Meeting of November 21, 2011 were approved. EXCUSE ABSENCE P&Z Commissioner Phil Cessac made the motion to excuse P&Z Chairperson Jerry Koza, Jr. and P&Z Vice -Chairperson Richard Golden's absence from the P&Z Regular Meeting of November 21, 2011, and P&Z Commissioner Henry Fuertes seconded. The vote was 6-0. P&Z Chairperson Jerry Koza, Jr. and P&Z Vice -Chairperson Richard Golden's absences were excused. OLD BUSINESS CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2011- 12 P&Z Minutes 01/16/2012 Page 1 of 8 A request of Esteban V. Rodriguez, owner and applicant, for approval of a Conditional Use Permit to allow for the operation of a Minor Auto Repair Facility in the General Business (GB) District, on the following described property, to wit: Legal Description: Plat of survey of a 0.6984 acre tract being a part of lot "A" of Westgate Park a subdivision of 9.575 acres of land out of lots 47 and 48 of the Allison Richey Gulf Coast Home Company Subdivision of Section 19 of the H. T. & B. Railroad Company survey, Abstract 243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 16, page 320, of the plat records of Brazoria County, Texas General Location: 7900 Block of Broadway, Pearland, TX P&Z Vice -Chairperson Richard Golden made a motion to approve, and P&Z Commissioner Sheila Fischer seconded. Senior Planner Harold Ellis read the staff report stating the CUP had been postponed at the November 21, 2011 Regular P&Z Meeting. P&Z Vice -Chairperson Richard Golden stated he would like to see the billboard in compliance with the UDC, and P&Z Commissioners Phil Cessac and Henry Fuertes agreed. P&Z Vice -Chairperson Richard Golden amended his motion to include the following conditions of approval, and P&Z Commissioner Sheila Fischer seconded the amended motion. 1) Property should be developed in accordance with the site plan 2) Existing billboard would be brought into full compliance with the Unified Development Code 3) The building at 6830 Broadway would be condemned before building the proposed Minor auto repair at 7929 Broadway. Senior Planner Harold Ellis stated the building that was in question, located at 6830 Broadway, had been demolished. P&Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 5-1. Conditional Use Permit No. 2011-12 was approved, with P&Z Commissioner Neil West voting in opposition. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2011- 13 A request of R D Homes, applicant, at the request of Piper Precision, Inc., owner, for approval of a Conditional Use Permit to allow for Servant, Guest, Caretakers, or P&Z Minutes 01/16/2012 Page 2 of 8 Security Quarters in the Light Industrial (M-1) District, on the following described property, to wit: Legal Description: 8.4406 acres of land, being a part of the H. Stevens Survey, Abstract 594, and the H. T. & B. R.R. CO. Survey No. 28, Abstract 551, Brazoria County, Texas and being all of those certain tracts conveyed to Production Rentals, Inc. as a 2.973 acre tract described in a deed recorded in Volume 1393, Page 133, a 0.469 acre tract described in a deed recorded in Volume 1398, Page 963, and a 5.0 acre tract described in a deed recorded in Volume 1600, Page 900, all in the Brazoria County Deed Records, Brazoria County, Texas General Location: 4155 S. Main Street, Pearland, TX Senior Planner Harold Ellis stated the applicant was not ready to return with the project and asked to postpone. P&Z Commissioner Henry Fuertes made the motion to postpone, and P&Z Vice - Chairperson Richard Golden seconded. The vote was 6-0. Conditional Use Permit No. 2011-13 was postponed. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO.2012-01Z A request of Sherry L. Stockwell-Tarrer, applicant, on behalf of Emil J. Hrbacek, owner, for approval of a zone change from the Single -Family Residential -1 (R-1) zone to General Business (GB) zone for 2.261 acres on the following described property, to wit: Legal Description: Boundary Survey 188' X 523.9', West '/ of lot 48, Allison Richey Gulf Coast Home Company Survey, Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas General Location: 8013 W. Broadway, Pearland, TX P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z Vice - Chairperson Richard Golden seconded. Senior Planner Harold Ellis read the staff report, adding that during the joint public hearing, City Council wanted to insure that all abutting properties were notified. There was brief discussion. P&Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 6-0. Zone Change No. 2012-0lZ was approved. P&Z Minutes 01/16/2012 Page 3 of 8 CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2012-02Z A request of J. Kent Marsh, applicant, on behalf of Tom Alexander, Jr., owner, for approval of a zone change from the General Business (GB) zone to Single -Family Residential -3 (R-3) zone for 20.992 acres on the following described property, to wit: Legal Description: 20.992 acre tract in the W.D.C. Hall Survey, Abstract No. 70 in the City of Pearland, Brazoria County, Texas. Said 20.992 is a part of a 36.685 acre tract described in a deed to T & R Realty investment, LLC as recorded in Clerk's File No. 2011028636 General Location: 2411 E. Broadway, Pearland, TX P&Z Commissioner Phil Cessac made the motion to approve, and P&Z Vice - Chairperson Richard Golden seconded. Senior Planner Harold Ellis read the staff report P&Z Vice -Chairperson Richard Golden asked how wide the driveway would be. Mr. Kent Marsh, applicant, replied they would meet the UDC requirements, and that a 60 ft. width was required to meet TxDOT's requirement of 150 ft. lot width. Mr. Marsh also stated the owner was looking to build one single family home of approximately 5,000 to 8,000 square feet, with, at the most, two single family homes. P&Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 6-0. Zone Change No. 2012-02Z was approved. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2012-03Z A request of Louis McKinney, applicant, on behalf of Janice and Bonnie Howard, owner(s), for approval of a zone change from the Planned Development (PD), General Business (GB), Cullen Mixed -Use (C/MU), Single -Family Residential -3 (R-3) and Suburban Residential -12 (SR -12) zone(s) to Planned Development (PD) zone for 133.6907 acres on the following described property, to wit: Legal Descriptions: Houston Memorial Gardens Cemetery Sections 34, 35, 36, 37, 38, 39, 40, A perpetual care cemetery containing 9.982 acres and being a partial replat the amended plat of Paradise Cemetery South, Volume 16, Page 275-276, B.C.P.R. and being in lot 28, of the Allison Richey Gulf Coast Home Company Subdivision, Vol 20, Pg. 67-68, P.R.B.C. out of the H.T. & B.R.R. CO. Survey, Sec. 19, A-243 Brazoria County, Texas; Final Plat of Houston Memorial Gardens Cemetery, a 20.0737 acre tract of land being lots 13 and 29, and part of lot 12, of the Allison Richey Gulf Coast Home Company P&Z Minutes 01/16/2012 Page 4 of 8 Subdivision, Section 19, and being situated in the H.T.& B.R.R. Company Survey, Abstract 243, Brazoria County, Texas; Boundary survey of a 8.434 acre tract out of Section 19, H.T. & B.R.R. Survey, A-243, Brazoria County, Texas; Partial Replat of Houston Memorial Garden Cemetery, being a 57.231 acre tract of land, all of tracts 41, 42, 55, 56, 57, & 58 in the Allison Richey Gulf Coast Home Subdivision, as recorded in Plat Book 2, Page(s) 24, of the Brazoria County Plat Records, located in the H.T. & B. Company Survey, Section 20, Abstract No. 506 in Brazoria County, Texas; Boundary survey of a 19.97 acre tract out of Section 19, H T & B RR Survey, A-243, Brazoria County, Texas; Lot 44 (10 ac) of the Allison -Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 23 of the plat records of Brazoria County, Texas; The North Y2 of Lot 28 (5ac) of Allison Richey Subdivision out of Section 20, H.T. & B.R.R. Company Survey, Abstract No. 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; A0506 H T & B R R Co Survey, Tract 54A1, F B Drake, 3.000 Acres. General Location: 2426 Cullen, Pearland, TX Houston Memorial Gardens Cemetery P&Z Vice -Chairperson Richard Golden made the motion to approve, and P&Z Commissioner Neil West seconded. Senior Planner Harold Ellis read the staff report, and added that immediately after the public hearing, staff received two public comment forms, both in favor of the zone change. P&Z Commissioner Henry Fuertes asked what the intention was for the additional land. The owners, Janice and Bonnie Howard both stated it would either be used for burial plots or a storage facility, used for maintenance equipment. Discussion ensued that a building could be built on the property according to the General Business (GB) zone, with either, a 25 ft. buffer and a masonry fence; or, a 30 ft. buffer and landscaping. P&Z Minutes 01/16/2012 Page 5 of 8 Planning Director Lata Krishnarao stated that since the property was being rezoned to a Planned Development (PD), an amendment to the PD could be added on the height of the building, so as not to affect the neighbors. P&Z Commissioner Phil Cessac and P&Z Vice -Chairperson Richard Golden stated they were in favor of adding this condition. Mr. Emmanuel Guerro, owner of an adjoining residential lot, inquired that since there is only one way in and out, were there any plans to add another road. Planning Director Lata Krishnarao stated there were not. P&Z Vice -Chairperson Richard Golden amended his motion to approve the zone change with a restriction to the height, as indicated in Chapter 2 of the UDC, Section 2.4.4.1 (1), and P&Z Commissioner seconded this amended motion. P&Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 6-0. Zone Change No. 2012-03Z was approved with an amendment to the PD to restrict the height per UDC, Chapter 2 Section 2.4.4.1 (1). CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF THE PRESERVE AT HIGHLAND GLEN SECTION ONE A request of LJA Engineering, applicant, on behalf of Beazer Homes Texas, L.P., owner, for approval of a Final Plat of the Preserve at Highland Glen Section One, a 121 single-family lot subdivision on 68.118 acres, on the following described property, to wit Legal Description: A Subdivision of 68.118 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more particularly being a portion of a called 56.233 acre tract conveyed to Beazer Homes Texas, L.P., by an instrument of record in File No. 20110092185, Office Public Records of sadi Harris County, Texas (H.C.O.P.R.R.P.), being a portion of a called 61.217 acre tract conveyed to Beazer Homes Texas, L.P., by an instrument of record in File No. 20110092165, H.C.O.P.R.R.P. and being a portion of a called 12.810 acre tract conveyed to Beazer Homes Texas, L.P., by an instrument of record in File No. 20110111403, H.C.O.P.R.R.P. General Location: 2800 Block of Barry Rose P&Z Vice -Chairperson Richard Golden made the motion to approve with staff's comments, and P&Z Commissioner Neil West seconded. Planner II Evan DuVall read the staff report stating the remaining conditions of approval were the 1) mylars, and 2) 2011 Tax Certificates. P&Z Commissioner Henry Fuertes inquired about the wetland trails. Mr. James Ross of LJA Engineering spoke, and discussion ensued with regards to the future expansion of P&Z Minutes 01/16/2012 Page 6 of 8 Barry Rose to Hughes Road. P&Z Commissioner Phil Cessac stated he would like to see a Hike and Bike Trail, and Planning Director Lata Krishnarao stated there would be. P&Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 6-0. The Final Plat of the Preserve at Highland Glen Section One was approved with the following conditions of approval: 1) Mylar 2) 2011 Tax Certificates CONSIDERATION 7 POSSIBLE ACTION — FINAL PLAT OF SERENE GARDENS A request by Chris Hendrick of Wilson Survey., applicant, on behalf of Hieppham Incorporated, owner, for approval of a Final Plat Serene Gardens, a proposed eight -lot single-family residential subdivision on the following described property, to wit Legal Description: Being 9.7979 acres of the east one-half of lots 11 & 12E, all of Allison -Richey Gulf Coast Home Company Subdivision of Section 85 in the H.T. & B.R.R. Co. Survey Abstract 304, Brazoria County Texas. General Location: South side of Hughes Ranch Road approximately 930' west of Harrington Drive in Pearland, Texas P&Z Vice -Chairperson Richard Golden made the motion to approve, and P&Z Commissioner Phil Cessac seconded. Planner II Evan DuVall read the staff report stating there were two outstanding items remaining: 1) subdivision landscaping as required for Hughes Ranch Road per the UDC, prior to recording the plat, 2) Recordation and Courier Fees. P&Z Vice -Chairperson Richard Golden made the motion to amend the original motion with staff's comments, and P&Z Commission Phil Cessac seconded. P&Z Chairperson Jerry Koza, Jr. called for the vote. The vote was 6-0. The Final Plat of Serene Gardens was approved with conditions: 1) Subdivision landscaping as required for Hughes Ranch Road per the UDC, prior to recording the plat, 2) Recordation and Courier Fees. DISCUSSION ITEMS 1. Commissioners Activity Report — There were no items to report. 2. Senior Planner Harold Ellis went over the Zoning Update. P&Z Minutes 01/16/2012 Page 7 of 8 I Planning Director Lata Krishnarao briefly discussed the status of Project Stars. 4. Next P&Z Meeting will be February 6, 2012. P&Z Chairperson Jerry Koza, Jr. will be out of the country for this meeting 5. Planning and Zoning Commission Strategic Plan — Planning Director Lata Krishnarao stated that in August 2012 the Commission and Staff would need to finalize this project and prepare to present it to Council; 6. National American Planning Association Conference in Los Angeles — Planning Office Coordinator Judy Brown stated the early registration deadline was February 15, and expressed the importance of the Commission attending. ADJOURNMENT P&Z Chairperson Jerry Koza, Jr. adjourned the P&Z Regular Meeting at 9:03 p.m. These minutes are respectfully submitted by: (- IC -J:21 Judy Kr ca, PIning ff e Coordinator Minutes approved as submitted and/or corrected on this 6th day of February 2012, A.D. PUVice-4Ch' person Richard Golden P&Z Minutes 01/16/2012 Page 8 of 8