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2013-07-15 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, JULY 15, 2013, AT 6:30 P.M., 2ND FLOOR CONFERENCE ROOM, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER P&Z Chairperson Henry Fuertes called the P&Z Regular Meeting to order at 7:39 p.m. with the following present: P&Z Chairperson Henry Fuertes P&Z Vice -Chairperson Matthew Hanks P&Z Commissioner Elizabeth McLane APPROVAL OF MINUTES P&Z Commissioner Mary Starr P&Z Commissioner Linda Cowles P&Z Commissioner Daniel Tunstall P&Z Commissioner Linda Cowles made the motion to approve the Minutes of the July 1, 2013, P&Z Regular Meeting, and P&Z Commissioner Mary Starr seconded. The vote was 5-0, and 1 vote in abstention, from Commissioner McLane. The minutes of the July 1, 2013 P&Z Regular Meeting were approved. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2013-12Z A request of Erinn Brown, applicant and owner, for approval of a zone change from the Single Family Residential (R-2) zone to the Office Professional (OP) zone, on the following described property, to wit: Legal Description: Being a tract of land 100 feet X 200 feet out of the Northwest Quarter of the Northwest Quarter of Section 11, of the H.T. & B. Railway Survey, Abstract 239, Brazoria County, Texas. General Location: 4606 Walnut St. P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z Commissioner Mary Starr seconded. Planner II Ian Clowes read the staff report stating the applicant's intent is for a Law Office, with staff recommending approval of the zone change. Minutes of the P&Z Regular Meeting July 15, 2013 Page 1 of 7 P&Z Commissioner Daniel Tunstall stated he was concerned the applicant was not present for the hearing. P&Z Commissioner Elizabeth McLane concurred. P&Z Chairperson Henry Fuertes stated that even though the use is not intrusive, the applicant should be present. The vote was 6-0 with the P&Z Commission adding that the applicant should have been present. Zone Change Application No. 2013-12Z was approved. CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2013-13Z A request of Keith Schoonover of Lennar Homes, applicant for Lennar Homes of Texas, Inc., owner, for approval of a zone change from the Single Family Residential (R-3) zone to the General Business (GB) zone, on the following described property, to wit: Legal Description: Being 2.00 acres of land situated in the C.J. Hall Survey, Abstract No. 215, in Brazoria County, Texas; being a part of that same tract of land designated as Tract 8 and described in the deed of Lennar Homes of Texas, Inc. recorded in Brazoria County Clerks File No. 94-009151, Official Records of Brazoria County, Texas General Location: Northwest corner of McHard Rd. and Cullen Blvd. P&Z Vice -Chairperson Matthew Hanks made the motion to approve, and P&Z Commissioner Elizabeth McLane seconded. Planner II Ian Clowes read the staff report stating staff recommends approval of the zone change. P&Z Commissioner Linda Cowles inquired briefly about the property being on the hard corner of McHard and Cullen Blvd, the R -O -W, and making it a nice look on the corner. The vote was 6-0. Zone Change Application No. 2013-13Z was approved. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2013-05 A request of Raymond JJ Zhuo, applicant for Houston Chinese Church, owner, for approval of a Conditional Use Permit to allow for a Church, Temple, or Place of Worship in the Single Family Residential (R-1) zone, on the following described property, to wit: Legal Description: Being 5.00 acres out of the G.T. & B.R.R. Company Survey, A-304 in Brazoria County, Texas. Being the same land described as 5.00 acres in a warranty deed from Steven C. Muth to Houston Chinese Church, dated July 5, 2007 and recorded as document No. 2007039242, official records of Brazoria County, Texas. Minutes of the P&Z Regular Meeting July 15, 2013 Page 2 of 7 General Location: 2500 Block of Miller Ranch Rd. P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z Commissioner Linda Cowles seconded. Planner II Ian Clowes read the staff report stating staff recommended approval with the following condition: 1) The site be developed in accordance with the attached site plan provided by the applicant. City Planner Harold Ellis added the possible recommendation that the detention be allowed in either the front or the back of the property. There was discussion among the Commission and Staff with records to the future expansion of Miller Ranch Road, and Assistant City Manager Mike Hodge stated that it would eventually be repaved to concrete but no expansion in near future. Other discussion ensued with regards to the 200 feet radius notification; and Commissioner Daniel Tunstall inquired if the detention would be wet or dry. Applicant Raymond JJ Zhuo was present and stated it would be dry detention P&Z Commissioner Daniel Tunstall amended his original motion to approve with the following conditions, and P&Z Commissioner Linda Cowles seconded. 1) The site to be developed in accordance with the attached site plan provided by the applicant. 2) Allow detention to the front or back of the property with staff and cities approval The vote was 5-1. Commissioner Elizabeth McLane voted in opposition citing concerns regarding traffic. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2013-06 A request of Renea Sartain, applicant for James C. Pace, owner, for approval of a Conditional Use Permit to allow for an Adult Daycare in the Old Townsite Mixed Use (OT -MU) zone, on the following described property, to wit: Legal Description: Being lots 13, 14 and 15, Block E, Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Brazoria County, Texas in Volume 29, Page 41 of the Deed Records, Brazoria County, Texas. Minutes of the P&Z Regular Meeting July 15, 2013 Page 3 of 7 General Location: 3901 Plum St. P&Z Commissioner Linda Cowles made the motion to approve, and P&Z Commissioner Elizabeth McLane seconded. Planner II Ian Clowes read the staff report stating staff recommended approval of the Conditional Use Permit. There was no discussion among the commission and staff. The vote was 6-0. Conditional Use Permit Application No. 2013-06 was approved. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF HIGHLAND CROSSING SECTION 2 A request by Geoff Freeman of Kerry R. Gilbert and Associates, applicant, on behalf of Beazer Homes, owner for approval of the Preliminary Plat of Highland Crossing Section 2, generally located 600 feet northwest from the intersection of McHard Rd. and Old Alvin Rd. for 46 lots on 14.9 acres, on the following described property, to wit Legal Description: Being 14.9 acres of land out of the H.T. &B.R.R. Co. Survey, A-233 and D.H.M. Hunter Survey, A-76 City of Pearland. Brazoria County, Texas. General Location: Approximately 600 feet northwest from the intersection of McHard Rd. and Old Alvin Rd. P&Z Commissioner Linda Cowles made the motion to approve, and P&Z Commissioner Mary Starr seconded. Planner II Ian Clowes read the staff report stating there were no outstanding items and staff recommended approval. P&Z Commissioner Linda Cowles inquired how many phases there were and asked to view a large copy of the plat. Planner II Ian Clowes stated there are four (4) phases and passed the plat around for commission review. Commissioner Cowles also inquired about the fencing along the trail on the pipeline easement. Mr. Geoff Freeman, on behalf of Kerry R. Gilbert and Associates was present and stated there would be fences, and that the trail would meander along the 60 foot pipeline easement. The vote was 5-1, with P&Z Commissioner Daniel Tunstall voting in opposition. The Preliminary Plat of Highland Crossing Section 2 was approved. Minutes of the P&Z Regular Meeting July 15, 2013 Page 4 of 7 CONSIDERATION AND POSSIBLE ACTION — REVISED MASTER PLAT OF KIRBY CROSSING A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of New Broadway, LTD, owner for approval a Revised Master Plat of Kirby Crossing on 21.871 acres of land, on the following described property, to wit: Legal Description: Being a 21.871 acres of land out of the H.T. & B.R.R Company Survey Section 81, abstract 300, City of Pearland, Brazoria County, Texas. General Location: Southwest corner of Broadway Street and Kirby Drive. P&Z Commissioner Mary Starr made the motion to approve, and P&Z Vice -Chairperson Matthew Hanks seconded. Planner II Ian Clowes read the staff report stating the Master plat had previously been approved and allows for deviations if not significant. The revision is to move the detention which is not considered a minor deviation. The owner is looking at a larger retail that would need larger lots, and there was also an issue with the drill site on the property. Mr. Clowes added there were no outstanding items. P&Z Chairperson Henry Fuertes asked about the detention and drainage easement. Assistant City Manager Mike Hodge stated there was a private storm center. The vote was 6-0. The Revised Master Plat of Kirby Crossing was approved. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SHELTON RIDGE LANE PHASE 2 A request by Rene Rodriguez — LJA Engineering, applicant, on behalf of 518 SCR, LTD, owner, for approval of a Final Plat of Shelton Ridge Lane Phase 2, a 8.163 acre street dedication located within the Southlake Subdivision, to wit Legal Description: Being a subdivision of 8.163 acres of land located in the H. T. & B. R.R. Co. Survey, Sec. 84, Abstract Number 538, City of Pearland, Fort Bend County, Texas, being a portion of that certain called 315.292 acre tract of land conveyed to 518SCR, LTD. by instrument of record in File No. 2011089118, Official Public Records, Fort Bend County, Texas (F.B.C.O.P.R.) and in Document No. 2011036869, Official Public Records, Brazoria County, Texas (B.C.O.P.R.). General Location: A half mile west of the southwest corner of Broadway Street and Kingsley Drive. P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z Commissioner Linda Cowles seconded. Minutes of the P&Z Regular Meeting July 15, 2013 Page 5 of 7 Planner II Ian Clowes read the staff report stating there were no outstanding items and that staff recommended approval. There was no discussion among the commission and staff. The vote was 6-0. The Final Plat of Shelton Ridge Lane Phase 2 was approved. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SOUTHLAKE SECTION 3 A request by Rene Rodriguez, from LJA, applicant, on behalf of 518 SCR, LTD, owner, for approval of a Final Plat of Southlake Section Three, a 41 lot single-family residential subdivision, to wit Legal Description: A subdivision of 14.485 acres of land located in the H.T. & B.R.R. Co. Survey, Sec. 84, Abstract Number 538, City of Pearland, Brazoria County, Texas, being a portion of that certain called 315.292 acre tract of land conveyed to 518SCR, LTD. By instrument of record in File No. 2011089118, Official Public Records, Fort Bend County, Texas (F.B.C.O.P.R.) and in Document No. 2011036869, Official Public Records, Brazoria County, Texas (B.C.O.P.R.). General Location: Approximately three quarters of a mile south of the intersection of Broadway and Shelton Ridge Lane. P&Z Vice -Chairperson Matthew Hanks made the motion to approve, and P&Z Commissioner Daniel Tunstall seconded. Planner II Ian Clowes read the staff report stating there were no outstanding items and that staff recommended approval. There was no discussion among the commission and staff. The vote was 6-0. The Final Plat of Southlake Section 3 was approved. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SOUTHLAKE SECTION 4 A request by Rene Rodriguez, from LJA, applicant, on behalf of 518 SCR, LTD, owner, for approval of a Preliminary Plat of Southlake Section Four, a 52 lot single-family residential subdivision, to wit Legal Description: A subdivision of 13.177 acres of land located in the H.T. & B.R.R. Co. Survey, Sec. 84, Abstract Number 538, City of Pearland, Brazoria County, Texas, being a Minutes of the P&Z Regular Meeting July 15, 2013 Page 6 of 7 portion of that certain called 315.292 acre tract of land conveyed to 518SCR, LTD. By instrument of record in File No. 2011089118, Official Public Records, Fort Bend County, Texas (F.B.C.O.P.R.) and in Document No. 2011036869, Official Public Records, Brazoria County, Texas (B.C.O.P.R.). General Location: Approximately three quarters of a mile south of the intersection of Broadway and Shelton Ridge Lane. P&Z Commissioner Elizabeth McLane made the motion to approve, and P&Z Commissioner Linda Cowles seconded. Planner II Ian Clowes read the staff report stating there were no outstanding items, and staff recommended approval. There was no discussion among the commission and staff. The vote was 6-0. The Final Plat of Southlake Section 4 was approved. DISCUSSION ITEMS 1. Commissioners Activity Report — there were no reports. 2. Texas APA Conference — October 2 — 5, 2013 — City Planner Harold Ellis stated this was to let the commission know of the upcoming conference and to begin thinking about the date and possible attendance. 3. Next P&Z/JPH Regular Meeting — August 5, 2013. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 8:35 p.m. These Minutes are respectfully submitted by: Jud rown ice Coordinator Minutes approved as submitted and/or corrected on this 5th day of August, 2013, A.D. He uertes, P&Z dhairperson Minutes of the P&Z Regular Meeting July 15, 2013 Page 7of7