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2015-09-28 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, SEPTEMBER 28, 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 8:01 p.m. In attendance were: P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Daniel Tunstall P&Z Commissioner Mary Starr P&Z Commissioner Thomas Duncan P&Z Commissioner Troy Pradia P&Z Commissioner Derrell Isenberg Also present were Deputy City Attorney Lawrence Provins, Director of Community Development Lata Krishnarao, City Planner Frankie Legaux, Senior Planner Ian Clowes, Associate Planner Vince Hustead, Assistant City Engineer Richard Mancilla, and Office Assistant Jennifer Tatum NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2015-07Z A request of C. Davis Wilson (Architect), applicant; on behalf of Ybarra Investments, Inc., owners; for approval of a change in zoning from the Single -Family Residential - 1 (R-1) zoning district to the Neighborhood Services (NS) zoning district; on approximately 1.698 acres of land, to wit: Legal Description: Being 1.698 acres situated in the W.D.C. Hall League, Abstract No. 70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public Records, Brazoria County, Texas. General Location: The property is located South of Broadway Street and East of East Circle Drive and West of West Circle Drive Pearland, TX P&Z Regular Meeting Minutes September 28, 2015 Page 1 of 4 There was no discussion between the Commission and staff. P&Z Vice Chairperson Daniel Tunstall made the motion to approve Zone Change 2015- 07Z, P&Z Commissioner Mary Starr seconded. The vote was 6-0. Zone Change 2015-07Z was approved. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT 2015-09 A request of C. Davis Wilson, applicant; on behalf of Ybarra Investments, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for a restaurant in the Neighborhood Services (NS) zoning district; on approximately 2.989 acres of land, to wit: Legal Description: Being 2.989 acres situated in the W.D.C. Hall League, Abstract No. 70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public Records, Brazoria County, Texas. General Location: The property is located South of Broadway Street and East of East Circle Drive and West of West Circle Drive, Pearland, TX There was no discussion between the Commission and staff. P&Z Vice Chairperson Daniel Tunstall made the motion to approve Conditional Use Permit 2015-09, P&Z Commissioner Mary Starr seconded. The vote was 6-0. Conditional Use Permit 2015-09 was approved. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2015-08Z A request of CDA Architects, applicant; on behalf of Deborah Cabrera and William John Walsh owners; for approval of a change in zoning from the Planned Unit Development (PUD) zoning district to the General Business (GB) zoning district; on approximately 4.6 acres of land, to wit: Legal Description: Being 4.6 acre of land in the H.T. & B.R.R. Co. Survey, Section 80 (AKA) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor Plat of Ridge Rock Commercial Site No. 1, a Subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Document No. 2009028465 of the Official Public Records of Brazoria County, Texas. P&Z Regular Meeting Minutes September 28, 2015 Page 2 of 4 General Location: The property is located on the South Side of Broadway Street, east of the Shadow Creek High School entryway, TX. There was no discussion between the Commission and staff. P&Z Commissioner Mary Starr made the motion to approve Zone Change Application 2015-08Z, P&Z Vice Chairperson Daniel Tunstall seconded. The vote was 6-0. Zone Change Application 2015-08Z was approved. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2015-09Z A request of Chad Thuman, applicant; on behalf of the Estate of Earl M. Onitsuka, owner; for approval of a change in zoning from the General Business (GB) and Single Family Residential — 1 (R-1) zoning districts to the Single Family Residential — 2 (R-2) zoning district; on approximately 12.4033 acres of land, to wit: Legal Description: Tract 1 - Being a tract of land containing 10 acres, more or less, situated in the southwest 1/4 of the northwest '/4 of Section 17, H.T. & B.R. Co. Survey, Abstract 242, Brazoria County, Texas. Tract 2 — Being a tract of land containing 2.4033 acres, more or less, situated in the southwest '/4 of the northwest '/4 of Section 17, H.T. & B.R. Co. Survey, Abstract 242, Brazoria County, Texas. General Location: North of Fite Road, east of Old Chocolate Bayou Road, Pearland, TX. P&Z Commissioner Thomas Duncan inquired if the land was rezoned to R2, would the neighborhood be required to put up a wall. Senior Planner Ian Clowes stated no. P&Z Chairperson Henry Fuertes inquired about the adjacent neighborhood and if they would be required to put up a wall. Mr. Clowes stated no. Mr. Fuertes also stated that historically putting 2 fences up against each other was discouraged. P&Z Vice Chairperson Daniel Tunstall stated he could not support this change. P&Z Commissioner Mary Starr inquired if this was spot zoning and how it ended up this way. Mr. Clowes stated this was brought into the city and zoned GB before Cullen became what it is today. P&Z Commissioner Troy Pradia inquired about the height of the warehouse. Mr. Clowes stated it was about 25 feet. P&Z Vice Chairperson Daniel Tunstall made the motion to approve Zone Change 2015- 09Z, P&Z Commissioner Mary Starr seconded. P&Z Regular Meeting Minutes September 28, 2015 Page 3 of 4 The vote was 0-6. Zone Change Application 2015-09Z was denied. DISCUSSION ITEMS Commissioners Activity Report — None Bailey Road Annexation Update JPH October 12 and 19 — Senior Planner Ian Clowes stated the JPH was for Council only. Next Regular P&Z Meeting, October 5, 2015 — 6 Commissioners plan on attending. Next Regular JPH Meeting, October 19, 2015 — Commissioner Derrell Isenberg may not be able to attend. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 8:15 p.m. These minutes were respectfully submitted by: 1,,d Jennifer lVtum, Office Assistan Minutes approved as submitted and/or corrected on t i 5th day of OGt0bdr 2015, A.D. 11 , �&� -/UM—zT/1 kiexnry- uertes, G6 � Gp-- P&Z Regular Meeting Minutes September 28, 2015 Page 4 of 4