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2013-01-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JANUARY 21, 2013, AT 6:30 P.M., 2nd FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 8:15 p.m. with the following present: P&Z Chairperson Henry Fuertes P&Z Vice -Chairperson Linda Cowles P&Z Commissioner Neil West P&Z Commissioner Matthew Hanks P&Z Commissioner Daniel Tunstall P&Z Commissioner Ginger McFadden P&Z Commissioner Mary Starr Also in attendance were: City Planner Harold Ellis, Planner II Ian Clowes, Director of Community Development Lata Krishnarao, Deputy City Attorney Nghiem Doan, Assistant City Engineer Richard Mancilla, Administrative Clerk Debbie Cody and Office Coordinator Judy Brown. APPROVAL OF MINUTES P&Z Vice Chairperson Linda Cowles made the motion to approve the minutes of the P&Z Regular Meeting of January 7, 2013, and P&Z Commissioner Matthew Hanks seconded. The vote was 7-0. The minutes of the P&Z Regular Meeting of January 7, 2013 were approved. EXCUSE ABSENCE P&Z Commissioner Mary Starr made the motion to approve the absence as excused for P&Z Chairperson Henry Fuertes from the P&Z Regular meeting of January 7, 2013, and P&Z Vice Chairperson Linda Cowles seconded. The vote was 7-0. The excused absence of P&Z Chairperson Henry Fuertes on January 7, 2013 was approved. NEW BUSINESS P&Z Regular Meeting February 4, 2013 Page 1 of 7 CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2013-01 Z A Michael Pollak, applicant, on behalf of Marilyn Bullard, owner, for approval of a zone change from the Single Family Residential -1 (R-1) zone to the General Business (GB) zone for 7.650 acres on the following described property, to wit: Legal Description: All that certain 7.650 acres out of Section 16, H.T. & B. R.R Company Survey, Abstract No. 546 and being a portion of that certain tracts described in a deed dated 04-11-2002 from Edwin Hunter Harris, et ux. to Marilyn Louise Bullard as filed in the Official Records of Real Property of Brazoria County at Clerk's File No. 02-017799 and a portion of that certain tract as described in a deed dated 12-17-1997 from Edwin Hunter Harris, Sr. to Marilyn Louise Bullard as filed in the Official Records of Brazoria County at Clerk's File No. 97-044957 General Location: Northeast corner of Magnolia and Manvel Roads P&Z Vice Chairperson Linda Cowles made the motion to approve Zone Change Application No. 2013-0lZ as General Business (GB), and P&Z Commissioner Ginger McFadden seconded. City Planner Harold Ellis read the staff report stating staff recommends approval of the zone change to Neighborhood Services (NS) with an overlaid Conditional Use Permit (CUP) for a child daycare and restaurant, with or without a drive through. Discussion ensued with regards to potentially incompatible uses which would be permitted in a General Business (GB) zone, particularly with nearby schools and residential development; as well as, discussion on zoning of nearby property, and the ability to zone the property Neighborhood Service (NS) with an overlaid Conditional Use Permit (CUP) for a child day care center and a restaurant with or without a drive- through. Discussion also ensued regarding the intent of a retail node and the guidelines of the different types of nodes within the City. P&Z Vice Chairperson Linda Cowles made the motion to amend the original motion for approval of Zone Change Application No. 2013-0lZ as Neighborhood Services (NS), and P&Z Commissioner Ginger McFadden seconded with an overlaid CUP for a child daycare and restaurant, with or without a drive through. The vote was 7-0. Zone Change Application No. 2013-0lZ was approved as Neighborhood Services with an overlaid CUP for a child daycare and restaurant, with or without a drive through. P&Z Regular Meeting February 4, 2013 Page 2 of 7 CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2013-02Z A Kevin Cole, applicant, on behalf of Karen Ritchey, owner, for approval of a zone change from the Single Family Residential -1 (R-1) zone to the Single Family Residential -3 (R-3) zone for 33.307 acres on the following described property, to wit: Legal Description: A 33.307 acre tract in the H. T. & B. R.R. Company Survey Section 85, Abstract No. 304 in Brazoria County, Texas. Said 33.307 acre tract is part of Lot 45, part of Lot 55, and all of Lots 56 and 57 of the Allison -Richey Gulf Coast Home Subdivision as recorded in Volume 2, Page 107 in the Brazoria County Plat Records. Said 33.307 acre tract comprises those tracts of land described in deeds to George Ritchey, and wife Karen Ritchey, as recorded in Clerk's File No's 97-019237, (as corrected by 97-032332), 99-015625 and 96-019344 (Lot 57 only), all filed of record in the Brazoria County Clerk's Office. General Location: North of Summer Breeze Drive, between Miller Ranch and Silver Lake Parkway P&Z Commissioner Ginger McFadden made the motion to approve Zone Change Application No. 2013-02Z, and P&Z Commissioner Mary Starr seconded. City Planner Harold Ellis read the staff report stating staff was unable to recommend approval for the following reasons: 1. Zone Change not compatible with surrounding zoning and uses. 2. Zone Change may have negative impact on the surrounding properties and developments by allowing smaller lots than as indicated in the Future Land Use Plan. 3. Zone is not in compliance with the latest approved Future Land use Plan. Discussion ensued regarding differences in lot sizes in the different residential zoning districts, access to the site (Unified Development Code requirements as well as the International Fire Code requirements), the possibility of developing the property as a Cluster Development, and potential future development in the area. P&Z Vice Chairperson Linda Cowles asked the applicant, Kevin Cole, why a Cluster Development would not work. Mr. Kevin Cole stated the cost is not any better because of the smaller acreage. The owner will have to extend Silverlake Parkway. The vote was 6-1. Zone Change Application No. 2013-02Z was approved. Voting in opposition was P&Z Vice -Chairperson Linda Cowles, stated she would have rather seen the property developed as a Planned Development (PD) to ensure the lot sizes were not P&Z Regular Meeting February 4, 2013 Page 3 of 7 further reduced. CONSIDERATION & POSSIBLE ACTION —ZONE CHANGE APPLICATION NO. 2013-03Z A request of Tranquility Plaza, applicant and owner, for approval of a zone change from the Neighborhood Service (NS) zone to the General Business (GB) zone for 0.9495 acres on the following described property, to wit: Legal Description: Being a 0.9495 acre tract of land situated in the H.T. & B R.R. Company Survey Abstract 242 in Brazoria County, Texas, being the same tract of land conveyed to Joseph B Benes and recorded in Volume 408 Page 538 of the deed records of Brazoria County Texas. General Location: 7902/7904 Broadway P&Z Commissioner Daniel Tunstall made the motion to approve Zone Change Application No. 2013-03Z, and P&Z Commissioner Matthew Hanks seconded. City Planner Harold Ellis read the staff report with staff recommending approval. There was brief discussion regarding past Conditional Use Permit (CUP) cases for the site. The vote was 7-0. Zone Change Application No. 2013-03Z was approved. CONSIDERATION & POSSIBLE ACTION — MASTER PLAT OF CREEKSIDE OAKS A request by Christy Smidt of Kerry R. Gilbert and Associates, applicant, on behalf of TRX Holdings, owner for approval of a Master Plat of Creekside Oaks, generally located at the southeast corner the intersection of Broadway and FM 521for approximately 124.5 acres, on the following described property, to wit Legal Description: Being 124.5 acres of land out of the A.B. Langerman Survey, A-555 City of Pearland, Fort Bend County, Texas. P&Z Commissioner Ginger McFadden made the motion to approve the Master Plat of Creekside Oaks, and P&Z Commissioner Mary Starr seconded. Planner II Ian Clowes read the staff report stating staff recommends approval, as the conditions have been met and there are no longer any outstanding issues. There was brief discussion with regards to the plat, the phases and the property being in Fort Bend County. Discussion ensued with P&Z Vice -Chairperson Linda Cowles P&Z Regular Meeting February 4, 2013 Page 4 of 7 asking for a breakdown in the different lot sizes, and taxing concerns with different counties being involved. The vote was 7-0. The Master Plat of Creekside Oaks was approved. CONSIDERATION & POSSIBLE ACTION — MASTER PLAT OF OLD ALVIN TRACT A request by Christy Smidt of Kerry R. Gilbert and Associates, applicant, on behalf of S.E. Cemeteries of Texas, Inc c/o Alan Mueller, owner for approval of the Master Plat Old Alvin Tract, generally located 500 feet north from the intersection of McHard and Old Alvin Rd. for approximately 81.6 acres, on the following described property, to wit Legal Description: Being 81.6 acres of land out of the H.T. &B.R.R.R. Co. Survey, A- 233 and R.B. Lyle Survey, A-542 City of Pearland. Brazoria County, Texas. P&Z Commissioner Matthew Hanks made the motion to approve the Master Plat of Old Alvin Tract, and P&Z Commissioner Ginger McFadden seconded. Planner II Ian Clowes read the staff report and spoke about the phasing schedule, and stated all the conditions have been met. There was discussion with regards to the phasing schedule and the Commission reviewed a copy of the schedule. The vote was 6-1. The Master Plat of Old Alvin Tract was approved. P&Z Commissioner Daniel Tunstall voted in opposition, with no comment. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF OLD ALVIN TRACT SECTION 1 A request by Christy Smidt of Kerry R. Gilbert and Associates, applicant, on behalf of S.E. Cemeteries of Texas, Inc c/o Alan Mueller, owner for approval of the Preliminary Plat Old Alvin Tract Section 1, generally located 1200 feet northwest from the intersection of McHard Rd. and Old Alvin Rd. for 59 lots on 28.1 acres, on the following described property, to wit Legal Description: Being 28.1 acres of land out of the H.T. &B.R.R. Co. Survey, A-233 and R.B. Lyle Survey, A-542 City of Pearland. Brazoria County, Texas. P&Z Commissioner Mary Starr made the motion to approve the Preliminary Plat of Old Alvin Tract Section 1, and P&Z Commissioner Ginger McFadden seconded. Planner II Ian Clowes read the staff report stating staff had concerns with the trail within the pipeline easement and asked that the amenities be included in Phase I. Staff P&Z Regular Meeting February 4, 2013 Page 5 of 7 requested this be added as a condition of approval P&Z Commissioner Neil West expressed concern with some of the residents not having the amenities until much later, if the amenities were not added in Phase I. P&Z Commissioner Daniel Tunstall stated he was opposed to amenities on the pipeline easement. Much discussion ensued with regards the number of pipelines. Mr. Alan Mueller stated that currently there were three pipelines with one more to come through. Planner II Ian Clowes stated staff would like to see the amenities put in during Phase I. Mr. Alan Mueller stated they would like to put the amenities in during Phase II. The vote was 6-1. The Preliminary Plat of Old Alvin tract Section 1 was approved without conditions. P&Z Commissioner Daniel Tunstall voted in opposition, with no comment. CONSIDERATION & POSSIBLE ACTION — REPLAT OF PEARLAND RETAIL AND FITNESS CENTER A request by Ron Harrison, applicant, on behalf of Pearland Fitness Partners, LTD, owner for approval of a Replat of Pearland Retail and Fitness Center, generally located in the 9900 Block of Broadway St. at the northwest corner of Broadway St. and Miller Ranch Rd. for approximately 10.9 acres. Legal Description: A subdivision of 10.8971 acres of land situated in the H.T.B.R.R. Co. Survey, Abstract No. 301, City of Pearland, Brazoria County, Texas. P&Z Vice Chairperson Linda Cowles made the motion to approve the Replat of Pearland Retail and Fitness Center, and P&Z Commissioner Matthew Hanks seconded. Planner II Ian Clowes read the staff report stating the applicant was splitting one lot into two because of separate ownership. There were no outstanding items. The vote was 7-0. The Replat of Pearland Retail and Fitness Center was approved. DISCUSSION ITEMS 1. Commissioners Activity Report — Commissioner Neil West stated his research has found 19 billboards and is still researching. 2. The National APA Conference will be in Chicago, Illinois, on April 2013. Attending will be Henry Fuertes, Ginger McFadden, Lata Krishnarao, Harold Ellis and Ian Clowes. Interested in attending is Linda Cowles. 3. P&Z Annual Survey will be emailed out by City Planner Harold Ellis 4. February 4, 2013, next P&Z Regular Meeting P&Z Regular Meeting February 4, 2013 Page 6 of 7 5. February 4 — under the Discussion Item will be a Presentation by City Engineer Andrea Broughton regarding Impact Fee Study 6. February 18 — a Capital Improvement Advisory Committee (CIAC) Workshop will be presented by City Engineer Andrea Broughton ADJOURNMENT P&Z Chairpd"rson Henry Fuertes adjourned the P&Z Regular Meeting at 9:40 p.m. These minutes are respectfully submitted by: 11� if. fro Judy own, ice toordinator Minutes approved as submitted and/or correctedo t is 4th day of Febru y 20 A.D. P&Z Chairperso enry Fuertes P&Z Regular Meeting February 4, 2013 Page 7 of 7