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2015-11-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESr F MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, NOVEMBER 16, 2015, AT 8:30 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,TEXAS CALL TO ORDER P&Z Acting Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 8:33 p.m. In attendance were: P&Z Acting Chairperson Daniel Tunstall P&Z Commissioner Mary Starr P&Z Commissioner Troy Pradia P&Z Commissioner Ginger McFadden P&Z Commissioner Derrell Isenberg Also present were Community Development Director Lata Krishnarao, City Planner Frankie Legaux, Senior Planner Ian Clowes, Deputy City Attorney Lawrence Provins, Associate Planner Vince Hustead, Assistant City Engineer Richard Mancilla, and Office Assistant Alma Gonzales and Jennifer Tatum. CONSENT AGENDA P & Z Commissioner Mary Starr made the motion to approve the consent agenda, P&Z Commissioner Derrell Isenberg seconded the motion. The vote was 5 to 0. The Consent agenda was approved. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSE OF ABSENCE Approve the Minutes of the November 2, 2015 P&Z Regular Meeting, held at 6:00 p.m. Excuse the absence of P & Z Commissioner Derrell Isenberg from the Regular Meeting held on November 2, 2015. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — REPLAT OF LOTS C AND D OF THE AMENDING PLAT OF THE DEVELOPMENT PLAT OF THE CENTER AT PEARLAND PARKWAY A request of Kristin LeBlanc, Halff Associates, the applicant; on behalf of TPRF III / SR Pearland LP, owner; for approval of a Replat of Lots C and D of the Amending Plat of the P&Z Regular Meeting Minutes November 16, 2015 Page 1 of 6 Development Plat of the Center at Pearland Parkway creating 4 commercial lots located on 4.9357 acres, to wit; Legal Description: Being 4.9357 acres located in the Thomas J. Green Survey, Abstract Number 198 City of Pearland, Brazoria County, Texas 2680, 2670, 2650 and 2630 Pearland Parkway Plat Number P -615Q-2014-0106, 2 Blocks, 5 Lots. General Location: 2650 Pearland Parkway MATTERS REMOVED FROM CONSENT AGENDA - NONE DISCUSSION Senior Planner Ian Clowes presented a brief summary P & Z Commissioner Ginger McFadden asked about a site plan available, Sr. Planner Ian Clowes answered that the plat was provided in the packet. Community Development Director Lata Krishnarao described the property. P & Z Commissioner Mary Starr made the motion to approve the Replat of Lots C and D of the Center at Pearland Parkway, P & Z Commissioner Ginger McFadden seconded the motion. The vote was 5-0 and the Replat of Lots C and D the Center at Pearland Parkway was approved. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2015-10 A request of Sheila Rowley of Studio Red Architects, applicant; on behalf of the Archdiocese of Galveston -Houston, owner; for approval of a Conditional Use Permit (CUP) to allow for a school use in the Single Family Residential -2 (R-2) zoning district; on approximately 9.9978 acres of land, to wit: Legal Description: Being a 9.9978 acre tract of land out of Lots E and 105, Section No. 1, A.C.H. & B.R.R Co. survey, Abstract Number 147, according to the plat thereof as filed in Volume 2, Page 1 Brazoria County Plat Records, Pearland, Brazoria County, Texas. General Location: 2209 Old Alvin Road, Pearland, TX. P&Z Regular Meeting Minutes November 16, 2015 Page 2 of 6 DISCUSSION Senior Planner Ian Clowes presented a brief summary. P & Z Commissioner Derrell Isenberg commented on the public parking. P & Z Commissioner Derrell Isenberg made the motion to approve CUP Application No. 2015-10 and P & Z Commissioner Troy Pradia seconded the motion. The vote was 5-0, CUP Application No. 2015-10 was approved. �I Yi�l:�b91111*& CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2015-11 A request of N. Khalfe of Powers Brown Architecture, applicant; on behalf of Spencer Bennett, owner; for approval of a Conditional Use Permit (CUP) to allow for the reduction of transparency, articulation, and fagade requirements on a new building in the Light Industrial (M-1) zoning district; on approximately 11.983 acres of land, to wit: Legal Description: That certain 11.983 acre tract out of a 27.056 acre tract out of a 48.035 acre tract being the Easterly part of a 94.243 acre tract in the F.B. Drake Survey, A-1181, and the H.T.& B.R.R. Survey, A-413, Harris County, Texas. General Location: 3303 S. Sam Houston East, Pearland, TX. DISCUSSION Senior Planner Ian Clowes presented a brief summary. He also commented on the fagade requirements and stated that additional landscaping and a wet bottom detention would be added to the site. P & Z Commissioner Derrell Isenberg asked about the detention pond size at this site, Sr. Planner Ian Clowes answered there are two large detention ponds. P & Z Commissioner Mary Starr made the motion to approve CUP Application No. 2015- 11 with the stated staff conditions and P & Z Commissioner Troy Pradia seconded the motion. The vote was 5-0, CUP application No. 2015-11 was approved. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT P&Z Regular Meeting Minutes November 16, 2015 Page 3 of 6 APPLICATION NO. 2015-12 A request of Windrose Land Services, Inc., applicant; on behalf of T&B Alexander Family LTD Partnership, owner; for approval of a Conditional Use Permit (CUP) to allow for fuel station and convenience store in the General Commercial (GC) zoning district; on approximately 2.3304 acres of land, to wit: Legal Description: A tract or parcel containing 1.8712 acres of land, being all of Lot 1, Block 1, Stripes Pearland, Map or Plat thereof recorded under P&Z Regular Meeting Agenda Brazoria County Clerks File (B.C.C.F.) No. 2015042573, situated in the A.C.H. & B. Survey, Abstract No. 507, Brazoria County, Texas; and being a tract or parcel containing 0.4592 acres of land being all of Restricted Reserve "A", Block 1, Stripes Pearland, Map or Plate thereof recorded under Brazoria County Clerks File (B.C.C.F.) No. 2015042573, situated in the A.C.H. & B. Survey, Abstract No. 507, Brazoria County, Texas. General Location: 3808 S. Main Street, Pearland, TX. DISCUSSION Sr. Planner Ian Clowes presented a brief summary. . P & Z Acting Chairperson Daniel Tunstall asked if the site plan would be tied to the CUP. Sr. Planner Ian Clowes answered traditionally they are but minor changes can be made to plans. P & Z Commissioner Derrell Isenberg made the motion to approve CUP Application No. 2015-12 and P & Z Commissioner Mary Starr seconded the motion. The vote was 5-0 approved for CUP Application No. 2015-12. Recess @ 8:44 p.m. Reconvened @ 8:46p.m. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2015-12Z A request of R West Development Co, Inc., applicant; on behalf of Henry Kurjee of Houston Business Investments Inc. and Tracy F. Goza of Pearland Magnolia LLC, owners; for approval of a change in zoning from the Light industrial (M-1) zoning district to the Single Family Residential -3 (R-3) zoning district; on approximately 35.6674 acres of land, to wit: Legal Description: Being a part of a 31.1339 acre tract out of the H.T. & B. RR Company Survey, Section 11, A-239 and a 10.076 Acre tract out of Section 11. H.T. & B. RR Co. P&Z Regular Meeting Minutes November 16, 2015 Page 4 of 6 Survey A-239 Pearland, Brazoria County, Texas. General Location: East side of Veterans Drive, approximately 450 feet north OF Magnolia Road, Pearland, TX. DISCUSSION Sr. Planner Ian Clowes presented a brief summary discussing the reasons staff was unable to recommend approval. P & Z Commissioner Darrel Isenberg agreed that the requested change was not appropriate. P & Z Commissioner Mary Starr agreed with Commissioner Isenberg. She stated that this is not a good place for residential zoning. P & Z Commissioner Troy Pradia agreed. P & Z Commissioner Ginger McFadden motioned for approval of Zone Change Application No. 2015-12Z and P & Z Commissioner Darrell Isenberg seconded the motion. The vote was 0-5. Zone Change Application No. 2015-12Z failed. CONSIDERATION AND POSSIBLE ACTION — AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE A request of the City of Pearland for approval of a Unified Development Code (UDC) amendment to permit the Restaurant (With No Drive -In or Drive Thru service) Use in the Business Park — 288 (BP -288) zoning district. Legal Description: N/A General Location: N/A DISCUSSION Sr. Planner Ian Clowes stated this is a request to add restaurant use to the BP -288 zone. P & Z Commissioner Mary Starr motioned to approve UDC T-19 and P & Z Commissioner Derrell Isenberg seconded the motion. The vote was 5-0. UDC T -19 was for approved. P&Z Regular Meeting Minutes November 16, 2015 Page 5 of 6 DISCUSSION ITEMS Commissioners Activity Report — None Bailey road Annexation Update — Lata Krishnarao, Director of Community Development, informed of the second hearing on Monday, November 23, 2015. The effective date will be on December 3, 2015. Ginger McFadden with P & Z Commission asked what the development agreement meant and Frankie Legaux, City Planner, explained the agreement exceptions and development agreement. Next P&Z Meeting, December 7, 2015 — Regular Meeting - Lata Krishnarao, Director of Community Development, informed of upcoming meeting date changes for December and January. CUP 2013-02 — Placed on the agenda at the request of P & Z Acting Chair Daniel Tunstall, Mr. Tunstall discussed the conditions & site plan. Ms. Krishnarao discussed the site plan and how it showed additional buffers .Lawrence Provins, Deputy City Attorney asked to stay on the topic of discussion of the agenda. Alvin ISD Fall demographic update — Ms. Legaux advised that Clay Pearson, City Manager requested for this information be included for P& Z Commission. Houston Chronicle Article on "Home sales dive as buyers retreat" — Ms. Legaux advised the article was informative for those interested in reading ADJOURNMENT P&Z Acting Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 9:14 p.m. These minutes were respectfully submitted by: rKtV-*W Alma GonzaU, 0Wce Assistant Minutes approved as submitted and/or corrected n thi ;7thrrer2015,A.D. Daniel Unstall, Acting Chairperson P&Z Regular Meeting Minutes November 16, 2015 Page 6 of 6