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2013-04-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 15, 2013, AT 6:30 P.M., CITY COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 8:45 p.m. with the following present: P&Z Commissioner Neil West P&Z Commissioner Matthew Hanks P&Z Commissioner Daniel Tunstall P&Z Commissioner Mary Starr Also in attendance were: Director of Community Development Lata Krishnarao, City Planner Harold Ellis, Assistant City Manager Mike Hodge, Assistant City Attorney Nghiem Doan, Assistant City Engineer Richard Mancilla, and Administrative Clerk Debbie Cody. APPROVAL OF MINUTES A motion was made by Commissioner Mary Starr to approve the minutes of April 1, 2013 P&Z Regular Meeting and seconded by Commissioner Neil West. The vote to approve was 5 — 0. EXCUSE ABSENCE A motion was made by Commissioner Mary Starr and seconded by Commissioner Matthew Hanks to excuse absence of Chairperson Henry Fuertes and Commissioner Ginger McFadden from the P&Z Regular Meeting of April 1, 2013. The vote carried 5 — 0 in favor of excusing their absences. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP 2013-02 A the request of Esteban V. Rodriguez, applicant for Condor Auto Care Center, LLC., owner, for approval of a Conditional Use Permit to allow for Minor Auto Repair in the General Business (GB) zone, on property located at 7929 Broadway, more specifically 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: 7929 Broadway St., Pearland, TX A motion was made by Commissioner Matthew Hanks with conditions set forth by staff and seconded by Commissioner Mary Starr. Minutes of P&Z Regular Meeting April 15, 2013 Page 1 of 9 Staff report was presented by City Planner Harold Ellis stating that there would be no negative impact as a result of the proposed minor auto repair facility, it was in conformance with the Unified Development Code (UDC), and that the recommendation was that the bays do not face Broadway. Commissioner Neil West asked if the property had been properly maintained, to which City Planner Ellis answered that it would be once the CUP was in place. Commissioner Hanks mentioned that there was a billboard there that came down and City Planner Ellis stated that it had been a condition of the last CUP. City Planner Ellis illustrated in the presentation that the bays did not face Broadway and that it was the same site plan as what was proposed last year. He further explained that another way to ensure that would be to attach the site plan to the CUP. Commissioner Matthew Hanks amended the motion to approve with the site plan and Commissioner Starr seconded the motion. Chairperson Fuertes asked what the hours of operation would be and it was stated by City Planner Ellis the hours indicated were 8 — 6 pm. Chairperson Fuertes was fine with that, but wanted it stated for the record. City Planner Ellis explained that typically it is not customary to add hours of operation as conditions of approval due to difficulty of enforcement of that stipulation. It was clarified that there were no nearby neighbors. Chairperson Fuertes asked if the site plan was the one that had been amended, but not the rendition and City Planner Ellis explained that what they were looking at was a conceptual design. Chairperson Fuertes was not concerned as long as City rules would be followed for construction. Commissioner Hanks was not inclined to tie an architectural rendering into the approval of CUP. There was no further discussion and a vote was taken resulting in 5 — 0 approval. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP 2013-03 A request of Lyle Henkel, Terra Associates, applicant for HEB Grocery Co, LP — Todd Piland, owner, for approval of a Conditional Use Permit to allow for Auto Wash — Self Service in the General Business (GB) zone, on property located at the northwest corner of Broadway and Pearland Pkwy., more specifically described property: Legal Description: Being a tract containing 22.7711 acres of land situated in the Thomas J, Green Survey, abstract Number 198, Brazoria County, Texas, and being out of and a portion of the called 118.755 acre tract as described in the deed to Marion E. Sattegest, et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed Records, Brazoria County, Texas. General Location: Northwest corner of Broadway (FM 518) and Pearland Parkway A motion was made by Commissioner Daniel Tunstall and seconded by Commissioner Matthew Hanks. City Planner Harold Ellis reported that there were no negative impacts of the proposed carwash that would hinder approval; it was in conformance with the Unified Development Code, and compatible with neighboring properties. There is currently no development on the property. Questions ensued from the Commissioners regarding the location of the entryway and exit of carwash and also regarding what materials of construction would be used. The discussion also Minutes of P&Z Regular Meeting April 15, 2013 Page 2 of 9 included the continuance of connectivity on this site with the adjoining property to the north. Chairperson Fuertes questioned if the materials for construction would be required to match that of the future store to be built on the site. City Planner Ellis stated that it would need to be addressed now or by overlay requirements. He further clarified that if the Commission wanted the buildings to match, the corridor overlay district would have masonry requirements but not requirements to match the store. Community Development Director Lata Krishnarao pointed out that the Commission could put conditions in the Conditional Use Permit (CUP) to address those concerns. Chairperson Fuertes explained the intention of all the questioning was to be clear that the end product would look nice. Community Development Director Krishnarao clarified that if the Commission is concerned about how the carwash is going to look, it can be addressed through the CUP process. It was also clarified that the CUP is for the entire 22.7 acres, and not just the carwash acreage. Commissioner Mary Starr voiced the opinion that it should match and conform to the main building and also that none of the bays would face Pearland Parkway. There were questions regarding the type of pavement to be used and whether it should be asphalt or concrete. Commissioner Starr suggested that if possible, it be stipulated that it be consistent with the entire parking lot. Community Development Director Krishnarao emphasized the right of the Commission to ask for building elevations. She then summarized the issues at hand: 1 - What is the building going to look like? She stated that it would be easily resolved by asking for a building elevation; a color rendering of what it would look like and make it a condition of approval. 2 — Is it going to match the architecture of remainder of the development? She cited the language from the corridor overlay district as a means to tie the architecture consistency of the building to the CUP to address specifics of ensuring the store, fueling station, and carwash are aesthetically consistent. 3. What is the paving going to be? She again emphasized that this concern could be addressed in the CUP to require the paving to be all concrete, if the Commission should so choose. She also reiterated that unless you tie the site plan to the CUP, then the carwash could be placed anywhere on the 22 acres. It was strongly recommended that there not only be a site plan, but also building elevations with the CUP. That way it would be clear where the building would be and how it would be built. If the site plan were to change, it would have to come before the Commission again. Chairperson Fuertes questioned what would happen if a Jack in the Box came in and would they be forced to comply with the same aesthetics. Community Development Director Krishnarao explained that with specific language applying to the main HEB store, carwash, and fuel station as shown on the site plan, it would eliminate those issues for future development. There was also concern voiced by Commissioner Hanks that the Commission did not over- reach in what to ask for, namely the issue of what paving to use at the carwash. There was an amendment to the original motion made by Commissioner Tunstall and seconded by Commissioner Matthew Hanks to approve with the following conditions: Minutes of P&Z Regular Meeting April 15, 2013 Page 3 of 9 1. that the facade and architecture of the carwash should be similar to the architectural design, color, and materials consistent with the overall theme of the HEB store 2. excluding EIFS and stucco 3. the bays of the carwash do not face Pearland Parkway per the site plan submitted by the applicant The vote was unanimous at 5 — 0. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2013-06Z A request of Richard Gonzalez applicant and owner, for approval of a zone change from the Single Family R-2 zone to the Neighborhood Services (NS) zone on the following described property, to wit: Legal Description: Being a .460 acre tract of land out of the H.T. & B. R.R Company Survey, section 11, abstract 239, City of Pearland, Brazoria County, Texas. General Location: 4608 Walnut St. A motion was made by Commissioner Daniel Tunstall and seconded by Commissioner Neil West. City Planner Harold Ellis presented the staff report, illustrating the aerial map and mentioned that the applicant was not present. Commissioner Matthew Hanks referred to the Joint Public Hearing with the City Council and questioned if changing to NS was even the appropriate zoning for this applicant. He referred to the Joint Public Hearing in which the applicant mentioned having outside tables and it was stipulated that for NS Zoning, that would not be allowed. City Planner Ellis stated that it was a minor component in relation to the business itself. The main component of the business was inside sales based on pre -development meetings. He further stated that this is the most restrictive commercial zone and any other zone related to outdoor activity would allow more, but be less compatible with neighboring properties. Chairperson Henry Fuertes was concerned that with changing this zone, if there were a catastrophic loss, the applicant would not be able to use this property as a residence if need be. City Planner Ellis addressed that concern by clarifying that if there were a loss, the applicant could go before the Zoning Board of Adjustment for a special exception. Chairperson Fuertes called for the vote and the item was approved by a 5 — 0 vote. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2013-07Z A request of Christy Smidt (Kerry G. Gilbert & Assoc.), applicant and Beeman E. Strong (for the Settegast Family), owner, for approval of a zone change from the Planned Development (PD) zone to the Planned Development (PD) zone for 31.3165 acres, to wit: Legal Description: Being a 30.7935 acre (1,341,365 square foot) tract of land situated in the Thomas J. Green Survey, Abstract Number 198 in Brazoria County, Texas, and being out of and a part of the called 118.775 acre tract of land described in deed to Marion E. Minutes of P&Z Regular Meeting April 15, 2013 Page 4 of 9 Settegast, et al as recorded in Volume 1421, Page 25 of the Brazoria County Deed Records, said 31.3165 acre tract of land. General Location: Approximately 700' North of Broadway on Pearland Pkwy A motion was made by Commissioner Neil West and seconded by Commissioner Mary Starr. City Planner Harold Ellis presented the staff report, illustrating the undeveloped property just north of the HEB property. He presented the proposed layout plan with several concerns regarding the need for additional exhibits related to landscaping, the design plan needing to be more specific as the per the Unified Development Code, and the need for elevations and renderings for signage. He also mentioned fagade variations needed to be more tied down and a need for more information on lighting. He was confident that the concerns could be resolved before the first reading, thus recommending approval, as the Planned Development (PD) would allow for a higher quality development with a larger amount of amenities. Community Development Director Krishnarao added that it was the wish of the Commission to have a final version of the PD before it goes to a reading, and suggested working with the applicant to bring a final version of the PD. Chairperson Fuertes further mentioned that a company name was in the PD document and questioned whether that should be removed. City Planner Ellis explained that the applicant could address that and ask that it be removed. Chairperson Fuertes asked about the language in UDC of a site plan being submitted with a PD and City Planner Ellis stated that it needs to have one and that a 10% deviation is allowed. Commission recessed at 9:49 and reconvened at 9:55 pm City Planner Ellis recapped the previous conversation regarding the need for more specifics and how to address those issues. There was much discussion regarding signage and the need to see what was being proposed; if additional and/or larger signs were being requested. The issue at hand was three signs of varying heights which, as explained by Community Development Director Lata Krishnarao, would be a variance from the code unless the third sign were treated like a main entry feature. However the issue was the need for details and both the applicant and staff felt confident there could be an agreement reached. Christy Smidt of Kerry Gilbert and Associates showed the signage exhibit on a map indicating the three multi -tenant sign locations. Community Development Director Krishnarao pointed out that the Unified Development Code (UDC) would only allow 2 multi -tenant signs and what was illustrated was another multi -tenant sign and a project identifier sign. She explained that if the entrance were treated to where it gives one a sense of place and creates a unique environment there, then two more multi -tenant signs would work. She made the suggestion of two ten foot signs and one twenty foot sign to give identity to the whole center; a sense of entry and a sense of place. She explained the reasoning behind asking for more details is that it would be very difficult to implement the current site plan when the applicant applies for a permit without details which, she added, are not in the UDC. Mr. Kerry Gilbert of Kerry Gilbert and Associates explained the rationale behind the third sign proposal was a small grouping of buildings on the south corner of the property which was a specific request of staff. It was more community oriented, thus the need for their own sign. He clarified with the Commission that the third sign being proposed was not a main entrance sign and the reason for the height of twenty feet in the proposal was because of the number of businesses involved. Community Development Director Krishnarao explained to the Minutes of P&Z Regular Meeting April 15, 2013 Page 5 of 9 Commission that if there was any disagreement, it would still go to the Council for the first reading, but staff would not be able to ensure that requirements had been met, possibly placing staff in a negotiating mode after the Planning and Zoning Commission had approved something. She expressed one more issue that staff was not able to come to an agreement with applicant on and that was the exterior building facade. She referenced a previous joint workshop with the City Council in which their wishes were to have higher standards and we had suggested that a Planned Development (PD), as opposed to a General Business (GB) zoning would accomplish that. Community Development Director Krishnarao emphasized the reasons why changing to a PD were superior to GB 1. Eliminate linear building at the back to get away from the strip center look. 2. Create public gathering places and play areas with pedestrian connectivity 3. Enhanced entry features that would create a sense of place so that it would not be another generic place 4. Landscaped median and meandering walkway 5. Walkways and landscaping along rear buildings 6. Concrete pavement at strategic locations to allow for pedestrian gathering 7. Unified Lighting 8. 2 different building materials for the fagade to enhance aesthetics 9. Comprehensive sign packet to bring the development together Commissioner Tunstall made a motion to postpone until the next Planning and Zoning Meeting and allow staff to work out the details with the applicant and put in a document that upon which the Commission could vote and Commissioner Hanks seconded. The vote was 5-0 approving the postponement. CONSIDERATION & POSSIBLE ACTION — REPLAT OF LOT 2, BLOCK 1 OF KIRBY COMMONS A request by Chris L. Hendrick, applicant, on behalf of 518 @ Kirby, LLC, owner for approval of a Partial Replat of Lot 2, Block 1 of Kirby Crossing. The site is located near the northwest corner of Kirby and Broadway on the following described property, to wit Legal Description: A Subdivision of 1.333 acres in the T.C. & B.R.R. CO. Survey, section 3, Abstract No. 678, in the City of Pearland, Brazoria County, Texas. General Location: Located at the northwest corner of Kirby Dr. and Broadway St. Commissioner Matthew Hanks made a motion and it was seconded by Commissioner Daniel Tunstall. City Planner Harold Ellis presented the staff report showing retail offices and services on currently undeveloped land and recommended approval. There was no discussion by the Commission and a vote was cast at 5 — 0 approval. Minutes of P&Z Regular Meeting April 15, 2013 Page 6 of 9 CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF COVINGTON ESTATES A request by John English of Rekha Engineering, Inc., applicant and R. West Development, Inc., owner, for approval of the Preliminary Plat of Covington Estates, a 20 lot subdivision on a 9.64 acre tract of land, generally located at 2014 Hillhouse Road. Legal Description: A tract of land containing 4.82 acres known as Tract 20-A, situated in Lot 20 of the Allison Richey Gulf Coast Home Company Subdivision, Abstract No. 506, as recorded in Volume 2, Page 23 of the Brazoria County Map Records, and; A tract of land containing 4.82 acres known as Tract 20, situated in Lot 20 of the Allison Richey Gulf Coast Home Company Subdivision, Abstract No. 506, as recorded in Volume 2, Page 23 of the Brazoria County Map Records. General Location: 2014 Hillhouse Road A motion was made by Commissioner Matthew Hanks and seconded by Commissioner Mary Starr. City Planner Harold Ellis presented the staff report illustrating an approved Cluster Plan west of Cullen in an aerial view behind the high school. Commissioner Daniel Tunstall questioned if the detention facility was classified as a pump -out facility and if the applicant was aware of the design criteria per Section 5.8.5. The Assistant City Engineer Richard Mancilla responded to the Commissioner's list of questions by explaining that the applicant (not present) had access to his comments electronically, which referenced the design criteria of Section 5.8.5 and emphasized that those requirements would need to be met prior to approval of the final plat. Commissioner Tunstall also questioned if there was an escrow account for future maintenance of the facility. Assistant City Engineer Mancilla reiterated that it was one of the stipulations set forth in Section 5.8.5 required prior to approval of the final plat. Commissioner Tunstall also indicated that the amenities shown in the package were not representative of the drawing shown in C313 referring to actual depth and static water elevation. He referred to a fountain in the pond which would require a three foot depth, but the drawing only indicated two feet. He suggested a note be added that the pond design is per the design criteria of Section 5.8.5. It was determined from discussion between the Assistant City Engineer and the Assistant City Attorney that a note would not be required since the requirement was on his checklist anyway. The vote was 4-1 with the dissenting vote from Commissioner Tunstall due to comments on detention facility and misrepresentations in documents and the fact that the applicant was not present. CONSIDERATION & POSSIBLE ACTION — WAIVER OF DECISION OF FINAL PLAT OF PRESERVE OF HIGHLAND GLEN SECTION 2 A request by Rene Rodriguez, from LJA Engineering, applicant, on behalf of Beazer Homes Texas, LP, owner, for approval of a Waiver of Decision on a Final Plat of Preserve at Highland Glen, Sec. 2, a 143 lot single-family residential subdivision, to wit Minutes of P&Z Regular Meeting April 15, 2013 Page 7 of 9 Legal Description: Being 36.5 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, Official Public Records of Said 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., an undivided one-half (1/2) interest in said 56.233 acres and said 61.217 acres conveyed to Lennar Homes of Texas Land and Construction, Ltd by instrument of record in File No. 20110407994, H.C.O.P.R.R.P. General Location: A half mile northeast of the intersection of Hughes Road and Pearland Parkway. City Planner Harold Ellis stated the item didn't need action due to a bond being in place, thus allowing Commission to act on the Final Plat next on the agenda. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF PRESERVE OF HIGHLAND GLEN SECTION 2 A request by Rene Rodriguez, from LJA Engineering, applicant, on behalf of Beazer Homes Texas, LP, owner, for approval of a Final Plat of Preserve at Highland Glen, Sec. 2, a 143 lot single-family residential subdivision, to wit Legal Description: Being 36.5 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, Official Public Records of Said 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., an undivided one-half (1/2) interest in said 56.233 acres and said 61.217 acres conveyed to Lennar Homes of Texas Land and Construction, Ltd by instrument of record in File No. 20110407994, H.C.O.P.R.R.P. General Location: A half mile northeast of the intersection of Hughes Road and Pearland Parkway. A motion was made by Commissioner Mary Starr and seconded by Commissioner Daniel Tunstall. City Planner Harold Ellis presented the staff report recommending approval of the plat, stating the current zoning to be R1 and undeveloped currently. Chairperson Henry Fuertes questioned if there were any outstanding items and/or exceptions or major concerns at this time to which City Planner Ellis answered that the item had been resolved. There was no further discussion and the item passed 5 — 0. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF BUSINESS CENTER PLANNED DEVELOPMENT TRACTS C-3 AND C-4 Minutes of P&Z Regular Meeting April 15, 2013 Page 8 of 9 A request by Eric D. Johnson, P.E. from IDS Engineering Group, applicant, on behalf of Joe Moody, owner, for approval of a Preliminary Development Plat of Business Center Planned Development Tracts C-3 and C-4. Legal Description: Being 3.35 acres of land, in the H.T. & B.R.R. Co. Survey, A-300, Brazoria County, Texas, being a portion of the 30.583 acre tract described in the deed from Compass Bank to Parkside 59/288, Ltd. Recorded under Document No. 2011012491, in the Official Public Records of Brazoria County, Texas. General Location: Northwest corner of Business Center Drive and County Road 59. Community Development Director Lata Krishnarao reported that this item actually needed to come back to the Commission as a Master Plat. She further explained that it would likely be on the May 6th meeting agenda and once approved, they will go forward with a Development Plat. With no action required, there was no motion made. DISCUSSION ITEMS 1. Commissioners Activity Report — Chairperson Henry Fuertes stated that he would discuss the APA Convention trip to Chicago at the next meeting. 2. Next P&Z/Workshop (Cluster Development) — May 06, 2013 3. Next Joint Public Hearing — May 20, 2013 - Chairperson Henry Fuertes asked if anyone knew they would not be here for the next two meetings and the answer was no unanimously. I. ADJOURNMENT — Chairperson Henry Fuertes adjourned the meeting at 11:10 pm. These minutes are respectfully submitted by: kw'�M- --- 10 Debbie Cody, Admin' tive Clerk Minutes approved as submitted and/or corrected on this 6th day of May 2013, A.D. P&Z Chairperson Renry Fuertes Minutes of P&Z Regular Meeting April 15, 2013 Page 9 of 9