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2013-11-18 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, NOVEMBER 18, 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 8:06 p.m. with the following present: P&Z Chairperson Henry Fuertes P&Z Commissioner Linda Cowles P&Z Commissioner Ginger McFadden P&Z Commissioner Mary Starr P&Z Commissioner Daniel Tunstall P&Z Commissioner Elizabeth McLane Also in attendance were City Planner Harold Ellis, Associate Planner Ian Clowes, Community Development Director Lata Krishnarao, Senior Planner Johnna Matthews, Assistant City Engineer Richard Mancilla, and Office Supervisor Judy Brown. EXCUSE ABSENCE P&Z Commissioner Mary Starr made the motion, and P&Z Commissioner Elizabeth McLane seconded the excused absences of P&Z Commissioners Ginger McFadden and Daniel Tunstall from the P&Z Workshop of November 4, 2013. The vote was 6-0. Absences were excused. ELECTION OF VICE -CHAIRPERSON P&Z Commissioner Linda Cowles nominated Commissioner Mary Starr for Vice - Chairperson. The vote was 6-0 for Mary Starr, P&Z Vice -Chairperson. APPROVAL OF MINUTES A motion was made by Mary Starr, P&Z Vice Chairperson and seconded by Commissioner Linda Cowles for the approval of the Minutes, October 21, 2013, P&Z Regular Meeting. The vote was 6-0. The minutes of the P&Z Regular Meeting of October 21, 2013 was approved. NEW BUSINESS Minutes of the P&Z Regular Meeting November 18, 2013 Page 1 of 6 CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP 2013-10 A request of Greg McGahey, applicant for CVS Pharmacy, Inc., for approval of a Conditional Use Permit, within the General Business Retail (GB) zoning district, to allow an Emergency Care Clinic, on approximately 1.08 acres of land on the following described property, to wit: Legal Description: Lot 1, Block 1, CVS Sherwood, recorded in Volume 24, Page 170, B.C.P.R., being out of Thomas J. Green Survey, A-198, Brazoria County, Texas General Location: 2906 Broadway St., Pearland, TX P&Z Commissioner Linda Cowles made the motion to approve, and P&Z Commissioner Elizabeth McLane seconded. There was brief discussion with regards to the orientation of the building, and the ingress and egress driveways. The vote was 6-0. Conditional Use Permit No. CUP 2013-10 was approved. CONSIDERATION AND POSSIBLE ACTION — UNIFIED DEVELOPMENT CODE T-16 Consider proposed amendments to the Unified Development Code. P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z Commissioner Linda Cowles seconded. With regards to Item # 14, Garden/O'Day Mixed Used District, Commissioner Daniel Tunstall stated he heard City Council ask for General Commercial uses originally and again, today. Director of Community Development Lata Krishnarao stated there were two issues: Prior Zoning and Non -conforming uses. If it was Suburban District, then the applicant would either use the Garden/O'Day Mixed Use zone, or come back for a zone change. Thirteen (13) properties would be affected by the proposed change with a Conditional Use Permit. Commissioner Daniel Tunstall asked what type of complaints through Code Enforcement have been received since 2006. Director Krishnarao stated she would check into this. Minutes of the P&Z Regular Meeting November 18, 2013 Page 2 of 6 Commissioner Linda Cowles recommended P&Z vote on all the UDC changes, and let staff submit a letter of recommendation depicting concerns of the Conditional Use Permit with conditions, to City Council. There was a brief discussion between the Commission and Richard Mancilla, Assistant City Engineer with regards to the cost and quality of asphalt vs concrete. The vote was 6-0. The Unified Development Code T-16 was approved. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF LAUREL HEIGHTS AT SAVANNAH SECTION 1 A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of Savannah Development LTD., owner, for approval of a Final Plat of Laurel Heights at Savannah Section One, generally located at the Northeast corner of Post Road (CR 58) and Linden Creek Lane, proposing a 61 lot single-family residential subdivision, on the following described property, to wit Legal Description: Being 17.1 acres of land located in the H.T. & B.R.R. Survey, Abstract 302, Official Records of said Brazoria County, Texas. General Location: Located at the Northeast corner of Post Road (CR 58) and Linden Creek Lane. P&Z Commissioner Linda Cowles made the motion to approve, and P&Z Vice - Chairperson Mary Starr seconded. Associate Planner Ian Clowes read the staff report stating staff recommended approval and there were no outstanding items. The vote was 6-0. The Final Plat of Laurel Heights a Savannah Section 1 was approved. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF LAUREL HEIGHTS AT SAVANNAH SECTION 2 A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of Savannah Development LTD., owner, for approval of a Final Plat of Laurel Heights at Savannah Section Two, generally East of Linden Creek Lane, North of Laurel Heights at Savannah Section One, proposing a 40 lot single-family residential subdivision, on the following described property, to wit Minutes of the P&Z Regular Meeting November 18, 2013 Page 3 of 6 Legal Description: Being 9.1 acres of land located in the H.T. & B.R.R. Survey, Abstract 302, Official Records of said Brazoria County, Texas. General Location: Located East of Linden Creek Lane, North of Laurel Heights at Savannah Section. P&Z Vice -Chairperson Mary Starr made the motion to approve, and P&Z Commissioner Elizabeth McLane seconded. Associate Planner Ian Clowes read the staff report stating staff recommended approval and there were no outstanding items. The vote was 6-0. The Final Plat of Laurel Heights at Savannah Section 2 was approved. CONSIDERATION AND POSSIBLE ACTION - FINAL PLAT OF LAUREL HEIGHTS AT SAVANNAH SECTION 3 A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of Savannah Development LTD., owner, for approval of a Final Plat of Laurel Heights at Savannah Section Three, generally located at the Northwest corner of Post Road (CR 58) and Linden Creek Lane, proposing a 28 lot single-family residential subdivision, on the following described property, to wit Legal Description: Being 31.2 acres of land located in the H.T. & B.R.R. Survey, Abstract 302, Official Records of said Brazoria County, Texas. General Location: Located at the Northwest corner of Post Road (CR 58) and Linden Creek Lane. P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z Commissioner Linda Cowles seconded. Associate Planner Ian Clowes read the staff report stating staff recommended approval and there were no outstanding items. The vote was 6-0. The Final Plat of Laurel Heights at Savannah Section 3 was approved. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SOUTHERN TRAILS SECTION 13 Minutes of the P&Z Regular Meeting November 18, 2013 Page 4 of 6 A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of CL Ashton Woods, LP, owner, for approval of a Final Plat of Southern Trails Section 13, a 36 lot single-family residential subdivision on the following described property, to wit Legal Description: Being 8.1 acres of land out of the H.T. & B. R.R. Company Survey, Sec. 80, A-564, City of Pearland, Brazoria County Texas, also being out of Allison - Richey Gulf Coast Home Company Subdivision as recorded in Volume 2, Page 98 B.C.P.R. City of Pearland, Brazoria County, Texas. General Location: Approximately 500' south of the southeast corner of the intersection of Kingsley and Walnut Place Ln. P&Z Commissioner Ginger McFadden made the motion to approve, and P&Z Commissioner Elizabeth McLane seconded. Associate Planner Ian Clowes read the staff report stating staff recommended approval and there were no outstanding items. The vote was 6-0. The Final Plat of Southern Trails Section 13 was approved. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY REPLAT OF SHADOW CREEK RANCH SF -56 A request by Rene Rodriguez, from LJA, applicant, on behalf of 741 SCR, LTD, owner, for approval of a Preliminary Replat of Shadow Creek Ranch - SF 56, a 61 lot single- family residential subdivision on the following described property, to wit Legal Description: A subdivision of 15.913 acres of land situated in the S.G. Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas also being a replat of Shadow Creek Ranch SF -56F, recorded under F.N. 20060295, F.B.C.O.P.R. General Location: Located at the Southwest corner of Windward Bay Dr. and Arcadia Bay Dr. P&Z Vice -Chairperson Mary Starr made the motion to approve, and P&Z Commissioner Linda Cowles seconded. Associate Planner Ian Clowes read the staff report stating staff recommended approval and there were no outstanding items. The vote was 6-0. The Preliminary Plat of Shadow Creek Ranch SF -56 was approved. DISCUSSION ITEMS Minutes of the P&Z Regular Meeting November 18, 2013 Page 5 of 6 1. Comprehensive Plan Update — Director of Community Development Lata Krishnarao, discussed the 2nd CPAC meeting held on November 16, 2013, and the V CPAC meeting would take place on January 22, 2014 with an update to City Council in January 2014. 2. Zoning Update - City Planner Harold Ellis read the updates and discussed the Garden/O'Day Mixed Use. The Conditional Use Permit was withdrawn, and staff was proposing a change to the Unified Development Code T-16. 3. Texas APA Conference — Commissioner Elizabeth McLane spoke of the Historic Zoning; Commissioner Linda Cowles spoke of the workshop on the Comprehensive Plan in San Marcus and how they prepared it in-house, while working their staff into the ground. Ms. Cowles stated she would like to get a copy of this. Vice -Chairperson Mary Starr stated she enjoyed listening to Gary Mitchell speak of the Bellaire Comprehensive Plan and how it was never implemented. Planner Lauren Stanley spoke on the San Marcus Comprehensive Plan and how it was Community driven. It made them face brutal facts of what their city looked like. 4. Commissioners Activity Report — discussed the Houston Ashby Street Highrise. 5. Next P&Z Regular Meeting — December 2, 2013 6. New P&Z Commissioner Derek Reed introduced himself. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 9:19 p.m. These minutes are respectfully submitted by: Judy Br n, Offic u ervisor Minutes approved as submitted and/or corrected on this 6th day of January 2014, A.D. Minutes of the P&Z Regular Meeting November 18, 2013 Page 6 of 6