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2015-04-20 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 20, 2015, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 6:04 pm. The following were present'. Chairperson Henry Fuertes Vice -Chairperson Daniel Tunstall Commissioner Ginger McFadden Also present were: Commissioner Mary Starr Commissioner Derrick Reed Director of Community Development Lata Krishnarao, Associate Planner Vince Hustead, Deputy City Attorney Nghiem Doan, Interim City Engineer Richard Mancilla and Office Supervisor Judy Brown CONSENT AGENDA Vice -Chairperson Daniel Tunstall made the motion to approve all the items on the consent agenda, and Commissioner Mary Starr seconded the motion. The vote was 5 to 0. The Consent agenda was approved. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES Approve the Minutes of the March 16, 2015 and the April 6, 2015 P&Z Regular Meeting, held at 6:30 p.m. CONSIDERATION AND POSSIBLE ACTION — REPLAT OF PEARLAND TOWN CENTER LOT 1 A request by Andrew Allemand, Windrose Land Services, Inc., applicant; on behalf of CBL & Associates Management, Inc. owner; for approval of a Replat of Lot 1, Block 1, Pearland Town Center creating 2 lots on the following described property, to wit: Legal Description: A subdivision of 1.7684 acre / 77,032 square feet of land, being a Replat of Lot 1, Block 1, amending plat of lots 1, 2, and 23, Pearland Town Center, Recorded in Document No. 200805943, B.C.P.R., situated in the H.T.&B.R.R. survey, Minutes of the P&Z Regular Meeting April 20, 2015 Page 1 of 3 Section No. 81, Abstract No. 300, City of Pearland, Brazoria County, Texas. General Location: Southeast corner of Broadway Street and Kirby Drive Pearland, TX. I11rXVI- i1611rk I I*$� CONSIDERATION AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE 2015-03 A request by Robert M. Atkinson, applicant; on behalf of M.V.N. Investment, LLC, owner; for approval of a Variance Permitted in Section 2.2.5.2 (4), of the Unified Development Code, Ordinance No. 2000-T, to allow a reduction of 4,095.78 square feet from the minimum lot area requirements and a reduction of 49.59 feet from the minimum lot width requirements within the General Commercial (GC) zoning district on approximately .42 acres of land on the following described property, to wit: Legal Description: Being Lots 7 and 8 of Thomas & Gilbert Industrial Tracts, A subdivision of part of Lot 119, A.C.H.&B. Survey, Section 1, Abstract no. 147, Brazoria County, Texas, According to the Map or Plat thereof recorded in Volume 15, Pages 317-318, of the Plat Records of Brazoria County, Texas. General Location: North side of Swenson Road, 310 feet east of Main Street, Pearland, TX Vice -Chairperson Daniel Tunstall made the motion to approve all the items on the consent agenda, and Commissioner Mary Starr seconded the motion. Associate Planner Vince Hustead read the staff report stating the applicant requested approval of a variance to reduce the lot area requirements and lot width requirements to construct a commercial building. The applicant wants to combine lots 7 & 8. Property was platted prior to 1981 so is not a recognizable plat. Staff recommended approval of the variance. Chairperson Henry Fuertes inquired why a 5 foot variance was recommended for denial at the previous P&Z meeting, and a 49.59 foot variance was being recommended for approval. Chairperson Fuertes also inquired if the Unified Development Code could be amended with regards to plats prior to 1981 and possibly have staff approve. Director of Community Development Lata Krishnarao stated the P&Z Variance approval process enables the Commission and staff to look at easements and road widening during the platting process. Ms. Krishnarao also stated that in the case of the 5 foot variance request, there was not a hardship of the land. The request for the 49.59 foot Minutes of the P&Z Regular Meeting April 20, 2015 Page 2 of 3 esr ase" variance does have a hardship. In this case, the applicant does not own the adjoining lots and the lots have been in the same configuration since the 1970's. In the case of the 5 foot variance, the applicant did own the surrounding lots. Vice Chairperson Daniel Tunstall inquired how staff came up with a figure of 22,500 s.f. Deputy City Attorney Nghiem Doan stated it was defined in the UDC. There was brief discussion with regards to what is a hardship. The votes was 5-0. P&Z Variance 2015-03 was approved. DISCUSSION ITEMS 1. Commissioners Activity Report — there was no report 2. Zoning Update — there were no updates. All second readings would be on April 27, 2015. 3. Comprehensive Plan Update Joint Workshop — July 2015 4. Next P&Z Meeting, May 4, 2015 — Regular Meeting. Commissioner Derrick Reed stated he would not be present to attend. ADJOURNMENT Chairperson Henry Fuertes made the motion to adjourn the meeting at 6:22 pm. These minutes were respectfully submitted by: Judy EYrown, CD#ic6 Supervisor Minutes approved as submitted and/or corrected on this 18th day of May 2015, A.D. , ��, �or. Henry Fuertes, Chairperson Minutes of the P&Z Regular Meeting April 20, 2015 Page 3 of 3