Loading...
2015-01-05 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JANUARY 5, 2015, AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Chairperson Henry Fuertes opened the meeting for the P&Z Regular Meeting at 8:51 p.m. In attendance were: P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Daniel Tunstall P&Z Member Elizabeth McLane P&Z Member Derrick Reed P&Z Member Mary Starr P&Z Member Ginger McFadden CONSENT AGENDA CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSED ABSENCES Approve the Minutes of the December 15, 2014 P&Z Regular Meeting, held at 6:30 p.m. NEW BUSINESS P&Z Commissioner Derrick Reed joined the meeting at 8:55 p.m. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2014-10 A request of Stone Development Group, applicant; on behalf of Baath Investments LLC, owner; for approval of a Conditional Use Permit (CUP) to allow for an Auto Wash (Full Service/Detail Shop) on approximately 2.33 acres of land on the following described property: Legal Description: Being a 2.3312 acre (101.546 SQ.FT.) tract of land out of tract 48 of the Allison -Richey Gulf Coast Home Company subdivision of the H.T. & B.R.R. Company survey, section no. 81, abstract no. 200, Brazoria county, Texas, according to the plat of said subdivision recorded in volume 2, page 98, of the plat records of Brazoria County, Texas, being out a called 2.615 acre tract save and except 0.2875 acre (12,522 sq. ft.) tract of land conveyed to the city of Pearland as described in deed filed under C.F. No. 2012007393 B.C.D.R.; said 2.3312 acre tract being more P&Z Regular Meeting Minutes January 5, 2015 Page 1 of 7 particularly described by metes and bounds as follows, bearings are based more particularly described by metes and bounds as follows, bearings are based on the Texas State Plan coordinate system (South Central Zone NAD82); General Location: East side of Business Center Drive; west side of State Highway 288; and just south of Pearland Town Center, Pearland, TX City Planner Johnna Matthews read the staff report stating staff recommended approval with conditions. Ms. Matthews stated this project would not have a negative impact on the surrounding areas. • Provide street trees on State Hwy 288, applicant will comply • Conform to BP -288 zoning district P&Z Commissioner Ginger McFadden inquired about the green features and asked if the owner would be applying for LEED certification. Applicant Dan Bertoni stated that other requirements were needed in order to apply. P&Z Chairperson Henry Fuertes inquired if the submitted building elevations and site plans would be part of the approval. City Planner Johnna Matthews replied yes. P&Z Vice Chairperson Daniel Tunstall made the motion to approve Conditional Use Permit Application No. 2014-10 with the following conditions, P&Z Commissioner Elizabeth McLane seconded. • Provide street trees on Hwy 288, applicant will comply • Conform to BP- 288 zoning district The vote was 6-0. Conditional Use Permit Application No. 2014-10 was approved. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2014-22Z A request of Alan Mueller, applicant; on behalf of The Felton M. and Mary C. Baker Revocable Trust, owner; for approval of a change in zoning from the General Commercial (GC) and Office and Professional (OP) zoning districts, to a Planned Development (PD) known as Baker's Landing; on approximately 79.94 acres of land, to wit: Legal Description: All of that certain 79.94 acres of land, located in the A.C.H. & B. Survey, Section 1, A-147 and in the H.T. & B.R.R. Co. Survey 11, A-239, Brazoria County, Texas, out of the tracts of land described as Lots A, B, C, D, E, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U and V", and 2.011 acres in the deed from Felton M. Baker and P&Z Regular Meeting Minutes January 5, 2015 Page 2 of 7 wife, Mary C. Baker to the Felton M. and Mary C. Baker Revocable Trust, recorded under Document Number 2005011939, of the Official Records of Brazoria County, Texas General Location: Between Main Street (SH 35) to the west and Old Alvin Road to the east; and south of East Walnut Street, Pearland, TX City Planner Johnna Matthews read the staff report stating staff could not recommend approval at this time due to the following reasons: • The development, as proposed does not meet the Village District future land use designation of the Comprehensive Plan or the recommendations of the Old Townsite Plan (OTS) Plan, adopted by the City Council. • Insufficient documentation to ensure product diversity and amenities that translate to project value. Repetitive product that is substantially similar to preponderance of existing residential (e.g. 55 foot lots). • As proposed, Baker's Landing PD does not meet the intent of a PD (Section 2.2.2.1 of the Unified Development Code (UDC), which is to result in a higher quality development for the community than would result from the use of conventional zoning. • The PD as proposed, does not contain details on amenities and landscaping P&Z Vice Chairperson Daniel Tunstall requested to postpone the zone change Director of Community Development Lata Krishnarao stated that staff wanted to hear any concerns that the P&Z Commission had with the proposed PD. P&Z Commissioner Elizabeth McLane stated that staff should read the new report submitted by the applicant and report back. P&Z Commissioner Mary Starr inquired about the definition of Village District and Old Townsite Plan. Director of Community Development Lata Krishnarao stated that both definitions were listed in the staff report. P&Z Chairperson Henry Fuertes stated that you would find common homes, just North of this site, and diversity in the homes in this proposal. P&Z Vice Chairperson Daniel Tunstall inquired if the applicant had made any changes since the workshop. Ms. Matthews stated no. Mr. Tunstall stated he would like to see more styles of homes such as the Craftsman style. Mr.Tunstall also stated he did not P&Z Regular Meeting Minutes January 5, 2015 Page 3 of 7 have an issue with R4 but would like to see some lots zoned for Neighborhood Services. Mr. Tunstall also stated he did not want a cut through with traffic. This would be an issue for future residents due to the larger park and water feature. P&Z Commissioner Derrick Reed stated that he agreed with Mr. Tunstall and asked the applicant if they could make some changes and work with staff. Mr. Reed stated he did not want to see multi -family and inquired if the utilities were going to be underground. Mr. Reed also inquired what all needed to be done to meet Old Town requirements. Mr. Paul Grohman stated that utilities would be underground except what was not permitted by Centerpoint. Director of Community Development Lata Krishnarao stated if the PD required underground utilities, it would be easier to negotiate with Centerpoint. Ms. Krishnarao stated the PD should start with a condition to require all utilities to be underground. Mr. Grohman stated the biggest complaint from the workshop was no multifamily, they complied with this and would like a decision tonight. Mr. Tunstall stated that this needed to be postponed until the final document was done and then they would have something to vote on. City Planner Johnna Matthews stated that homes abutting State Hwy 35 require a 35 foot buffer and that staff would like to see more of a buffer. Mr. Alan Mueller questioned why more of a buffer was needed. Director of Community Development Lata Krishnarao stated that the properties were not zoned residential and that the 30 foot buffer would be the front yard. Now that the lots are zoned R4 that abut State Hwy 35, a larger buffer would help. Ms. Krishnarao stated that we were not here to debate this topic. P&Z Commissioner Ginger McFadden stated she would like to see a larger buffer. P&Z Commissioner Elizabeth McLane stated she agreed and would like to see a larger buffer as well. P&Z Commissioner Mary Starr inquired what size buffer staff was looking for. City Planner Johnna Matthews stated this would be discussed with the applicant. Ms. Krishnarao asked the P&Z Commission to give staff a number to start with in order to enhance the buffer. P&Z Vice Chairperson Daniel Tunstall stated that this was a PD and they could request a 40 or 50 foot buffer if need be. P&Z Vice Chairperson Daniel Tunstall inquired about the materials and height of the fencing. Mr. Grohman stated the fence would be masonry and 6 feet tall. Mr. Tunstall and Mr. Fuertes stated they would like to see an 8 foot fence. Mr. Fuertes also stated he did not want to see too many masonry fences on both sides of the road. Ms. Krishnarao stated there would be a landscape buffer in place. Mr. Grohman stated that they might look into an enhanced wood fence for Old Alvin Road. P&Z Regular Meeting Minutes January 5, 2015 Page 4 of 7 City Planner Johnna Matthews inquired about a minimum percentage for the brick and stone. Mr. Alan Mueller stated that one hundred percent masonry was proposed along the front fagade of the homes, with fifty percent of brick and stone proposed for the side facades of the home. P&Z Commissioner Derrick Reed stated a requirement should be put into the PD regarding the percentage. Deputy City Attorney Nghiem Doan stated that if this PD was approved pending changes that it was approved no matter what was changed. P&Z Vice Chairperson Daniel Tunstall made the motion to approve Zone Change Application No. 2014-22Z, P&Z Commissioner Elizabeth McLane seconded. P&Z Vice Chairperson Daniel Tunstall made the motion to postpone Zone Change Application No. 2014-22Z, P&Z Commissioner Derrick Reed seconded. The vote was 5-1 with P&Z Chairperson Henry Fuertes in opposition. Zone Change Application No. 2014-22Z was postponed until 2/2/2015. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2014-23Z A request of Windrose Land Services, Inc., applicant; on behalf of T&B Alexander Family LTD Partnership, owner; for approval of a change in zoning from the Heavy Industrial (M-2) zoning district to the General Commercial (GC) zoning district, on approximately 9.9 acres of land, to wit: Legal Description: Tract 1: Tract or parcel containing 4.2066 acres or 183,242 square feet of land situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County, Texas, being out of a called14.02 acre tract of land conveyed to T. & B. Alexander Family, LTD, Partnership as recorded under Brazoria County Clerks File No. 98-053938, same being out of Lot 19 of the L.W. Murdock Subdivision, map or plat thereof recorded under Volume 29, Page 174 of the Brazoria County Deed Records Tract 2: A tract or parcel containing 5.7495 acres or 250,450 square feet of land situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County, Texas, being out of a called14.02 acre tract of land conveyed to T. & B. Alexander Family, LTD, Partnership as recorded under Brazoria County Clerks File No. 98-053938, same being out of Lot 19 of the L.W. Murdock Subdivision, map or plat thereof recorded under Volume 29, Page 174 of the Brazoria County Deed Records. General Location: Northwest and southwest corners of Main Street and Bailey Road, Pearland, TX P&Z Regular Meeting Minutes January 5, 2015 Page 5 of 7 Senior Planner Ian Clowes read the staff report stating staff recommended approval. P&Z Chairperson Henry Fuertes stated that the North corner of the property would not get great use without a zone change. Mr. Fuertes also stated that Pearland High School changed the Industrial setting when it was built. P&Z Vice Chairperson Daniel Tunstall stated that the zone M2 had a lot of uses that did not belong across from a high school, but a gas station should be ok. Discussion ensued concerning M2 zoning and its uses P&Z Commissioner Derrick Reed made the motion to approve Zone Change Application No. 2014-23Z, P&Z Commissioner Mary Starr seconded. The vote was 6-0. Zone Change Application No. 2014-23Z was approved. CONSIDERATION AND POSSIBLE ACTION — UNIFIED DEVELOPMENT CODE TEXT AMENDMENT A request of the City of Pearland Community Development Department; for approval of a Unified Development Code (UDC) amendment to add Micro -Breweries/ Micro- Distillery/Micro- Winery, and Coffee Roasting, to Section 2.5.1.1 (c); the land use matrix of the UDC; and to replace Section 4.2.2.5 (g) of the UDC to update the plant list. Legal Description: N/A General Location: N/A Senior Planner Ian Clowes stated coffee roasting, brewery, and winery were being added. Several plants, trees, and shrubs were being added to the plant list as well. P&Z Commissioner Mary Starr made the motion to approve Unified Development Code Text Amendment, P&Z Commissioner Elizabeth McLane seconded. The vote was 6-0. Unified Development Code Text Amendment was approved. DISCUSSION ITEMS Commissioners Activity Report- P&Z Vice Chairperson Daniel Tunstall stated he recently visited Fredericksburg Texas and was very impressed with the wineries, hotels, and shops. P&Z Regular Meeting Minutes January 5, 2015 Page 6 of 7 Comprehensive Plan Update- City Planner Johnna Matthews stated there was not an update at the time. Letter from applicant regarding Planning and Zoning Variance 2014-06 and staff memo - City Planner Johnna Matthews stated that a letter from Renee West and an email from Roland Garcia were included in the packet. Next P&Z Meeting, February 2, 2015 — Regular Meeting ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the P&Z egular meeting at 10:24 p.m. These minutes were respectfully submitted by. Jennifer Ta , Office Assistant Minutes approved as submitted and/or corre e on thi of February 2015, A.D. H rtes, Chairperson P&Z Regular Meeting Minutes January 5, 2015 Page 7 of 7