Loading...
2018-11-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, NOVEMBER 19, 2018 AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 10:02 p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice Chairperson Thomas Duncan P&Z Commissioner Derrell Isenberg P&Z Commissioner Layni Cade P&Z Commissioner Troy Pradia P&Z Commissioner Ronald Wicker P&Z Commissioner Mary Starr Also present were Deputy City Attorney Lawrence Provins, Planner Vince Hustead, Planner Mohamed Bireima, Assistant City Engineer Ryan McKinnis and Office Assistant Alma Gonzales. CALL TO ORDER REGULAR P&Z MEETING Chairperson Daniel Tunstall read into the record the items on the consent agenda. Commissioner Mary Starr made a motion to approve, Commissioner Derrell Isenberg seconded the motion. The motion passed 7-0. CONSENT AGENDA All items listed under the "Consent Agenda" are considered to be routine and require little or no deliberation by the P&Z Commission. These items will be enacted / approved by one motion unless a commissioner requests separate action on an item, in which event the item will be removed from the Consent Agenda and considered by separate action (ix. Matters removed from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSED ABSENCE 1. Excuse the absence of P&Z Commissioner Thomas Duncan from the October 15, 2018, P&Z Regular Meeting. P&Z Regular Meeting Minutes November 19, 2018 Page 1 of 6 2. Approve the P&Z Regular Meeting minutes from the October 15, 2018 meeting. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF PEARLAND ASSISTED LIVING CENTER PLAT 18-00136 A request of Mark Pirano, Terra Survey,on behalf of Allegiance Bank, owner: to approve the Preliminary Plat of Pearland Assisted Living Center creating 11ot and 3 reserve on 28.8819 acres, described to wit: Legal Description: A subdivision containing 22.8819 acres of land and being all of restricted reserve "A" of the Second Amending Plat of Shadow Creek Town Center, according to the plat thereof recorded under Brazoria County Clerk's file number 2008005566 and all of the 9.624 acre tract as described in the deed to Spring Real Estate Investments, LLC., Recorded under Brazoria County Clerk's File number 2018049916 situated in the T.C.R.R. Co. Survey, Section 4, Abstract Number 675, and City of Pearland Brazoria County, Texas. General Location: West side of Business Center Drive about 300 feet north of the Memorial Herman Drive intersection CONSIDERATION AND POSSIBLE ACTION —PRELIMINARY PLAT OF RIVERTSONE RANCH SECTION 13 PLAT 18-00138 A request of Mark Pirano, Terra Survey,on behalf of Allegiance Bank, owner: to approve the Preliminary Plat of Pearland Assisted Living Center creating 11ot and 3 reserve on 28.8819 acres, described to wit: Legal Description: A subdivision containing 22.8819 acres of land and being all of restricted reserve "A" of the Second Amending Plat of Shadow Creek Town Center, according to the plat thereof recorded under Brazoria County Clerk's file number 2008005566 and all of the 9.624 acre tract as described in the deed to Spring Real Estate Investments, LLC., Recorded under Brazoria County Clerk's File number 2018049916 situated in the T.C.R.R. Co. Survey, Section 4, Abstract Number 675, and City of Pearland Brazoria County, Texas. General Location: West side of Business Center Drive about 300 feet north of the Memorial Herman Drive intersection CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF SAVANNAH PARKWAY NORTH OF ARROWHEAD POINT LANE PLAT 18-00140 A request of Jennifer Curtis, META Planning & Design LLC, applicant; on P&Z Regular Meeting Minutes November 19, 2018 Page 2 of 6 behalf of Brian Gibson, Savannah Development, Ltd, owner; for approval of the Preliminary Plat of Savannah Parkway North of Arrowhead Point Lane; dedicating 100 feet of right of way for Savannah Parkway from Arrowhead Point Lane to Banfield Hallow Drive on 3.5 acres of land, described to wit: Legal Description: Being 3.5 Acres of land out of the H.T. &B. R.R. Co. Survey, A-302 Brazoria County, Texas. General Location: Savannah Parkway from Arrowhead Point Lane to Banfield Hallow Drive. NEW BUSINESS Chairperson Daniel Tunstall read into the record the items for Consideration and Possible Action —Variance from 3 to 1 Front to Depth Ratio for Lots. VARP 18-00020. Commissioner Layni Cade made a motion to approve, Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM THE 3 TO 1 FRONT TO DEPTH RATIO FOR LOTS. VARP 18-00020 A request of Uriel Figueroa, the applicant; on behalf of Trinidad Tamez owner; for approval of a Variance Permitted in Section 2.2.5.2 (a) (4) of the Unified Development Code, Ordinance No. 2000-T, to increase the maximum lot depth to width ratio from 3:1 to 4.69:1 to allow the platting of a lot within the G/O-MU Garden / O'Day Mixed Use zoning district described to wit: Legal Description: Being a replat of a 2.84 acre tract of land and being parts of Lots 29 and 30 of the Allison Richey Gulf Coast Home Company Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded under Volume 2, Pages 23-24 of the plat records of Brazoria County, Texas. General Location: 1722 Garden Road Planner Vince Hustead gave a presentation and informed Staff recommended approval of the requested variances from the requirements of Section 3.2.14.2 (c), which requires the approval of the Planning and Zoning Commission to increase the depth to width ration from 3 to 1 to 6.16 to 1 for the following reason: 1. The proposed lots will meet the minimum lot area and width requirements of the G/O- MU Garden / O'Day Mixed Use zoning district. No further discussion from the P&Z Commission P&Z Regular Meeting Minutes November 19, 2018 Page 3 of 6 The motion passed 7-0 Chairperson Daniel Tunstall read into the record the items for Consideration and Possible Action — Amendments to the UDC T29. Commissioner Starr made a motion to approve, Commissioner Derrell Isenberg seconded the motion. CONSIDERATION AND POSSIBLE ACTION —AMENDMENTS TO THE UDC T29 Amendments to the Unified Development Code (UDC) No. (T-29) - A request of the City of Pearland, for a proposed amendment to permit massage establishment only by a Conditional Use Permit (CUP) and to allow additional tree credits to provide commercial developers relief from tree mitigation. Planner Mohamed Bireima gave a presentation to the Commission. Chairperson Daniel Tunstall commented that he was unclear of the mitigation process and was not comfortable voting in favor of the amendments. Commissioner Cade commented that she would have preferred the presence of the City's Urban Forester for questions. Commissioner Isenberg requested clarity on the tree credit for larger trees. Deputy City Attorney Lawrence Provins explained the incentives for planting larger trees versus smaller trees. Speaker Buck Stevens, 4701 Orange SL, Pear. TX 77581, made a comment on the tree credits. Motion passed 7-0 for the tree mitigation amendment. A discussion ensued by the P & Z Commission and Staff in regards to the massage establishment hours of operation limited to 9am to 9pm, all windows shall remain transparent and free of coverings, all doors are to remain unlocked and buzzers are not permitted, certification and licensing as required by the State shall be displayed in the lobby or waiting area. Chairperson Tunstall made a motion to amend UDC T29 to add lightening and signage requirements, Commissioner Starr seconded the motion. The motion to amend passed 5 to 2. Commissioners Cade and Troy Pradia were opposed to the amendment. A discussion ensued in regards to the amendment and after clarification Commissioner Pradia requested to change his previous vote. Commissioner Starr made a motion to reconsider the previous vote, Commissioner Isenberg seconded the motion. The motion passed 7-0 to reconsider. The amended motion with restrictions passed 6-1, Commissioner Cade was opposed. P&Z Regular Meeting Minutes November 19, 2018 Page 4 of 6 Chairperson Daniel Tunstall read into the record the items for Consideration and Possible Action — Zone Change Application Number Zone 18-00020. Commissioner Starr made a motion to approve, Vice Chairperson Thomas Duncan seconded the motion. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION NUMBER ZONE18-00020 A request of Larry West, Sr. and Kathleen Ellis, applicant/owner; for approval of a change in the zoning classification from the Light Industrial (M-1) to Single -Family Estate (RE) zoning district; on approximately 3.238 acres of land. Legal Description: Tract "A" Field note description of 1.619 acres being out of and a part of Lot 14, of Masterson Subdivision, Section 5, in the H.T.&B.R.R. Survey, Abstract 237, Brazoria County, Texas, according to the recorded map or plat thereof recorded in Volume 28, Page 6 of the deed records of Brazoria County, Texas and being a part of that tract of land as conveyed be Robert J. Heinrich and wife, Janice Jo Ann Heinrich to Lenard R. West and wife, Kathleen M. West as recorded in Volume 1301, Page 620 of the Brazoria County Deed Records on July 30, 1976. Tract "B" Field note description of 1.619 acres being out of and a part of Lot 14, of Masterson Subdivision, Section 5, in the H.T.&B.R.R. Survey, Abstract 237, Brazoria County, Texas, according to the recorded map or plat thereof recorded in Volume 28, Page 6 of the deed records of Brazoria County, Texas and being a part of that tract of land as conveyed be Robert J. Heinrich and wife, Janice Jo Ann Heinrich to Lenard R. West and wife, Kathleen M. West as recorded in Volume 1301, Page 620 of the Brazoria County Deed Records on July 30, 1976. General Location: 1915 Hatfield Road, Pearland TX. No further discussion from the P & Z Commission The motion passed 6-1, Commissioner Ronald Wicker was opposed. DISCUSSION ITEMS 1. Commissioners Activity Report - NONE 2. Next P&Z Regular Meeting —December 3, 2018 ADJOURNMENT P&Z Regular Meeting Minutes November 19, 2018 Page 5 of 6 P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 10:37 p.m. These minutes were respectfully submitted by: Alma Gon4gles, 0 Assistant Minutes approved as submitted and/or corrected on this 19th day of November 2018, A.D. Dani- unst. 1 P & Z Chairperson P&Z Regular Meeting Minutes November 19, 2018 Page 6 of 6