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2014-02-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 17, 2014, AT 6:30 P.M., COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 9:50 p.m. with the following in attendance: Chairperson Henry Fuertes P&Z Vice Chairperson Mary Starr P&Z Commissioner Daniel Tunstall P&Z Commissioner Elizabeth McLane P&Z Commissioner Linda Cowles P&Z Commissioner Derrick Reed P&Z Commissioner Ginger McFadden Also in attendance were Deputy City Attorney Nghiem Doan, Interim City Planner Johnna Matthews, Associate Planner Ian Clowes, Director of Community Development Lata Krishnarao and Office Supervisor Judy Brown. APPROVAL OF MINUTES A motion was made by Commissioner Daniel Tunstall, and seconded by Commissioner Elizabeth McLane for the approval of the Minutes of February 3, 2014 P&Z Regular Meeting. The vote was 7-0. The minutes were approved EXCUSE ABSENCE A motion was made by Vice -Chairperson Mary Starr, and seconded by Commissioner Linda Cowles to excuse the absence of P&Z Commissioner Ginger McFadden from the P&Z Regular Meeting of February 3, 2014. The vote was 7-0. The absence was excused. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION - THOROUGHFARE PLAN AMENDMENT A request of the City of Pearland to amend the Thoroughfare Plan. Minutes of P&Z Regular Meeting February 17, 2014 Page 1 of 6 Commissioner Daniel Tunstall made the motion to approve, and Commissioner Elizabeth McLane seconded. Interim City Planner Johnna Matthews inquired if the Commission needed to hear the staff report. None was necessary. The vote was 7-0. The Thoroughfare Plan Amendment was approved. CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT NO. CUP 2014-01 A request of Andrew Hinojosa, applicant; for James Leach, owner; for approval of a Conditional Use Permit, within the Garden O'Day Mixed Use (G/O-MU) zoning district, to allow an Auto Repair (Major) facility on approximately .63 acres of land, on the following described property, to wit: Legal Description: Block 3, Lot 9, being .63 acres of the Final Plat of Hickory Creek Place; a subdivision of 100.09 acres of land comprised of 10 blocks and 133 lots; being a subdivision of tracts 17, 18, 19, 20, 21, 30, 31, 32, 33 and 34 of a subdivision of the H.T. & B. R.R. CO. Survey, Section 7, Abstract 219, Brazoria County, Texas. General Location: 2106 O'Day Rd, Pearland, TX Commissioner Derrick Reed made the motion to approve, and Commissioner Daniel Tunstall seconded. Interim City Planner Johnna Matthews presented the staff report. Commissioner Ginger McFadden suggested the phasing of the work be put in place. The applicant, Mr. Andrew Hinojosa stated they were not able to. Electricity was required to do the stucco, and the permit could not be obtained for the electricity until the Conditional Use Permit was approved. Commissioner Daniel Tunstall suggested the applicant and staff meet and create a list to figure out what could be done now and put a timeline and phasing schedule in place. There was discussion with regards to the compressor and Mr. Hinojosa stated the compressor would be in a separate closet style room, within the steel building to avoid loud noise. Commissioner Derrick Reed asked why the phasing schedule had not been submitted. Mr. Hinojosa stated he was not aware he needed to. Commissioner Reed stated he should submit something to staff. Mr. Hinojosa stated all improvements had to be completed before the Tenant Occupancy could be issued. Minutes of P&Z Regular Meeting February 17, 2014 Page 2 of 6 Community Development Director Lata Krishnarao addressed the Commission and stated that at the meeting with Mr. Hinojosa and Mr. Leach, they discussed the facade being phased in, and added that some of the conditions could not be phased in but could be allowed at a later time if a Surety Bond was put in place. Mr. Hinojosa stated that the phasing schedule could not be done because of the cost of the fagade and paving. Chairperson Henry Fuertes recommended that staff work out the eight conditions with the applicant within the next two weeks and bring back to the P&Z Commission. All seven of the Commissioners agreed that the 8 conditions needed to be in place before voting on it. Commissioner Daniel Tunstall addressed Mr. Bill Perry, neighbor on O'Day Road who opposed the Conditional Use Permit, explaining how staff, City Council and the Commission have worked to come up with a compatable solution between the owner and the neighbors. Community Development Director Lata Krishnarao stated that when all is complete, the business will be the greatest looking business on O'Day Road. Commissioner Derrick Reed made the motion to postpone until March 3, 2014, allowing time for the eight (8) conditions of approval to be addressed, and Commissioner Daniel Tunstall seconded. The vote was 7-0. Conditional Use Permit No. 2014-01 was postponed. CONSIDERATION & POSSIBLE ACTION — REQUEST FOR A WAIVER OF DECISION OF TIME FOR THE FINAL PLAT OF CANTERBURY PARK SECTION 2 A request John Dreahn of Pape -Dawson Engineers Inc., applicant, on behalf of KB Homes Lone Star Inc., owner for approval of a Waiver of Decision FOR the Final Plat of Canterbury Park Section 2 a 51 lot subdivision on 13.21 acres of land within the Canterbury Park Subdivision, to wit: Legal Description: A subdivision of land containing 13.2144 acres out of the Canterbury Park Section 1 Survey, City of Pearland Texas, County of Brazoria, Texas. General Location: 4000 Block of Springfield Ave. Commissioner Daniel Tunstall made the motion to approve, and Commissioner Derrick Reed seconded. Associate Planner Ian Clowes stated a new Development Agreement was in the process of being submitted and so the applicant requested a waiver of decision for time. Minutes of P&Z Regular Meeting February 17, 2014 Page 3 of 6 The vote was 7-0. The Waiver of Decision of Time for the Final Plat of Canterbury Park Section 2 was approved. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF CANTERBURY PARK SECTION 2 A request by John Dreahn of Pape -Dawson Engineers Inc., applicant, on behalf of KB Home Lone Star Inc., owner for approval of a Final Plat of Canterbury Park section 2, a 51 lot subdivision on 13.21 acres of land located within the Canterbury Park Subdivision, to wit: Legal Description: A subdivision of land containing 13.2144 acres out of the Canterbury Park Section 1 Survey, City of Pearland Texas, County of Brazoria, Texas. General Location: 4000 Block of Springfield Ave. No action necessary as the Waiver of Decision for Time was approved. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF HIGHLAND CROSSING SECTION 2 A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of Beazer Homes Texas L.P., owner for approval of the Final Plat of Highland Crossing Section 2, a 46 lot subdivision on 14.9 acres, generally located at the 1400 Block of Old Alvin Rd., 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: 1400 Block of Old Alvin Rd. Commissioner Elizabeth McLane made the motion to approve, and Vice -Chairperson Mary Starr seconded. Associate Planner Ian Clowes stated no action was necessary as the plat was incomplete and had been withdrawn. Because the motion was on the table, Vice -Chairperson Mary Starr made the motion to postpone until plat was brought back in, and Commissioner Elizabeth McLane seconded. The vote was 7-0. The Final Plat of Highland Crossing Section 2 was postponed. Minutes of P&Z Regular Meeting February 17, 2014 Page 4 of 6 CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF ORCHARD GLEN A request by Richard DeLeon of Lentz Engineering, applicant, on behalf of K Hovnanian of Houston, owner for approval of the Final Plat of Orchard Glen, a 79 lot subdivision on 23.52 acres, generally located at the 3500 Block of Veterans Dr., on the following described property, to wit: Legal Description: Being 23.52 acres of land out of the H.T. &B.R.R. Co. Survey, Section 12, Abstract No. 508, City of Pearland, Brazoria County, Texas. General Location: 3500 Block of Veterans Dr. Commissioner Daniel Tunstall made the motion to approve, and Commissioner Ginger McFadden seconded. Associate Planner Ian Clowes stated the original Preliminary Plat was approved as Pearland Farms Section II. The current developer renamed the subdivision Orchard Glen. There was one outstanding item regarding a reserve that had been changed to 2 lots. Staff received the corrected plat showing the two (2) lots as one reserve, and revised to show 77 lots instead of 79. Staff also had in place the Subdivision Improvement Agreement. Discussion ensued with regards to the Subdivision Improvement Agreement, the fact that the Subdivision Improvement Agreement was not signed until the date of the P&Z meeting, and lack of open space. Commissioner Daniel Tunstall stated that typically all outstanding comments were to be addressed prior to the meeting for approval. Deputy City Attorney Nghiem Doan stated that was true; however, a Subdivision Improvement Agreement was in place and signed by city staff, and a new plat showing the reserves had been submitted. There were no issues remaining with the plat. Associate Planner Ian Clowes stated that the property had straight zoning and the developer chose to pay Parkland fees in lieu of open space dedication. Commissioner Daniel Tunstall also inquired about Storm water/Sewer being accepted, TIA showing connecting street to other subdivision, drainage, and fencing not shown on final plat. City Engineer Andrea Broughton addressed these issues. Associate Planner Ian Clowes stated the motion should be amended to include the specific lots dedicated as reserves. Commissioner Linda Cowles made the motion to amend and include Lot 4 & Lot 5, of Block 4 as recreational reserves, and Commissioner Elizabeth McLane seconded. The vote was 7-0. The Final Plat of Orchard Glen was amended to include Lot 4 & Lot 5, of Block 4 as Recreational reserves. Minutes of P&Z Regular Meeting February 17, 2014 Page 5 of 6 The vote was 5-2. The Final Plat of Orchard Glen was approved. Commissioner Daniel Tunstall and Chairperson Henry Fuertes voted in opposition. DISCUSSION ITEMS 1. Commissioners Activity Report —Commissioner Elizabeth McLane attended an HGAC workshop, Commissioner Daniel Tunstall and Vice - Chairperson Mary Starr attended the joint workshop between City Council and Pearland ISD. One common statement heard was "No more apartments", and to have an event center. 2. National APA Conference, April 26-30, 2014, Atlanta, Georgia — Commissioner Derrick Reed will be attending, and staff will get with the other Commissioners to determine who else will be attending. 3. Next P&Z Meeting March 3, 2014 4. Comprehensive Plan Update — next CPAC meeting on February 19, 2014 5. Update on Pipeline Workshop —to be addressed in UDC T-17 update. I. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the P&Z Regular Meeting at 10:57 PM. These minutes were respectfully submitted by: �f ri. Judy B n, Office Supervisor Minutes approved as submitted and/or corrected on this 3rd day of March 2014, A.D. 14enry ruertes, Chairperson Minutes of P&Z Regular Meeting February 17, 2014 Page 6 of 6