Loading...
2017-08-07 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, AUGUST 7, 2017, AT 6:30 RM., HELD IN THE PUBLIC SAFETY BUILDING 2555 CULLEN PARKWAY SECOND FLOOR TRAINING ROOM. CALL TO ORDER P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 8:45 p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice -Chairperson Thomas Duncan P&Z Commissioner Mary Starr P&Z Commissioner Darrell Isenberg Also present were Deputy City Attorney Lawrence Provins, City Planner Jimontanae McBride, Senior Planner Martin Griggs, Associate Planner Vince Hustead, Planner Armon Irones, Associate Engineer Matt Brown and Office Assistant Alma Gonzales. CALL TO ORDER CONSENT AGENDA None NEW BUSINESS P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and Possible Action — Variance from Minimum Lot Depth to Allow Platting of a flag lot. P&Z Vice -Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM MINIMUM LOT WIDTH TO ALLOW PLATTING OF A FLAG LOT. A request by Jennifer Lam of Keller Williams Realty, applicant, on behalf of Alfredo & Maritza Ruiz, owners; for approval of a Variance Permitted in Section 2.6.1.1 (b) (1), of the Unified Development Code, Ordinance No. 2000-T, to allow approval of the creation of a flag lot within the R -E- Single -Family Estates zoning district on approximately 4.162 acres of land, to wit: Legal Description: Being a 4.162 acre tract of land located in lot 11 of the H.T. & B.R.R. P&Z Regular Meeting Minutes August 7, 2017 Page 1 of 6 Company Survey (Also known as the F.B. Drake Survey), Section 14, Abstract No. 509 in Brazoria County, Texas. Said 4.162 acres is a part of a 39.997 acre tract described in deed to Larry D. and Victoria J. Landers as recorded in Clerk's File No. 97-009044 of the Brazoria County Official Records. General Location: 5631 Bailey Road Planner Armon Irones gave a brief presentation with exhibits and informs that Staff does recommend approval of the requested variance to create a flag lot per the requirement of Section 2.6.1.1 (b) (1) which requires the approval of the Planning and Zoning Commission to create a flag lot for the following reason: 1. The subject property is in the R -E Single -Family Estate District and the property owners want to build a single-family home on their property which is an appropriate use within the zoning district. The surrounding properties in that neighborhood are also zoned R -E Single -Family Estate District and are similar in size to the subject property. Granting this request would have minimum to no negative impacts on the surrounding areas because there are existing homes located along portion of Bailey Road and would be comparable to the criteria found in Section 2.2.5.2 (a) (4) 4 which states that a variance should not "...be detrimental to the public health, safety or welfare, or injurious to other property within the area." 2. The subject property currently is undeveloped and will remain in this current state until either a new property owner enters into an adjacent site who is willing to sell property to the subject property owner allowing for the development of a conforming lot or the ZBA grants this variance. If this option is not granted then there is potential for a regulatory taking to occur. Section 2.2.5.2 (d) (3) states the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. Granting the variance would allow the property owners to fully enjoy their land and preserve the integrity of the neighborhood by building a single-family home on the property. 3. The request is parallel to Section 2.2.5.2 (d) (6) of the UDC which states the hardship or inequity suffered by the petitioner is not caused wholly or in substantial part by the petitioner. The hardship was caused due to the surrounding properties that were previously developed and the subject property owners' neighbors are unwilling to sell them land in order to become a conforming use. P&Z Chairperson Daniel Tunstall asked Staff regarding the existing double driveway would be the only access, Senior Planner Martin Griggs and City Planner Jai McBride agreed it was the only access. Motion passes 4-0 P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration & Possible Action Conditional Use Permit Application No. CUP 17-00013.. P&Z Vice - Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner Mary Starr P&Z Regular Meeting Minutes August 7, 2017 Page 2 of 6 seconded the motion. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. CUP 17-00013 A request of Aaveg Desai, applicant, on behalf of HEB Grocery Company, LP represented by Debbie Knox, owner; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning district; on approximately 22.3385 acres of land. Legal Description: Being a tract or parcel containing 22.3385 acres (973,065 square feet) of land situated in the Thomas J. Green Survey, Abstract Number 198, Brazoria County, Texas, and being out of and a portion of the called 118.755 acre tract as described in the deed to Marion E. Settegast, et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed Records, said 22.3385 also being all of Lot A of Pearland Commons, a subdivision of a portion of said called 118.755 acre tract. General Location: 2708 Pearland Parkway, Pearland, TX. P&Z Commissioner Derrell Isenberg would like to have a criteria for what we want in the City. Mr. Isenberg had concerns with the beautification of the City and was not in favor of this proposal or any future ones without clarification. P&Z Commissioner Mary Starr was not sure what she was going to vote for. P&Z Vice -Chairperson Thomas Duncan commented that he would rather see them in shopping centers and places where they would fit. P&Z Chairperson Daniel Tunstall had concerns with the density for liquor stores and property owners advertising future opening of a liquor store without approval. Mr. Tunstall's vote for proposal was no at the time. The motion was a split vote 2-2, P&Z Vice -Chairperson Thomas Duncan and P&Z Commissioner Mary Starr were in favor, P&Z Chairperson Daniel Tunstall and P&Z Commissioner Derrell Isenberg were opposed. The vote will be recorded as a negative vote. P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration & Possible Action Zone Change Application No. 17-00012. P&Z Vice -Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner Derrell Isenberg seconded the motion. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 17- 00012 A request of Fangfang Sun and Qianyi He, applicants/owners, for approval of a change in zoning from Suburban Residential -15 (SR -15) to a General Commercial (GC) zoning district; on approximately 3.5818 acres of land. P&Z Regular Meeting Minutes August 7, 2017 Page 3 of 6 Legal Description: Being a tract of land containing 3.5818 acres (156,022 square feet), situated in the H.T. & B.R.R Co. Survey, Abstract 549, Brazoria County, Texas, being out of Lot 21 of Allison -Richie Gulf Coast Home Company's Suburban Gardens Subdivision of Section 24, in Brazoria County, Texas, being all of tract conveyed unto Charlotte Polasek by deed recorded under County Clerk's File No. 2016010131 of the Official Records of Brazoria County, Texas. General Location: 6630 Bailey Road, Pearland, TX P&Z Commissioner Derrell Isenberg asked Staff for clarification of the requirements for the existing building, City Planner Jai McBride agreed that requirements would be if they added on to the building. A discussion ensued regarding the zone change and the requirements. Deputy City Attorney Lawrence Provins made clarifications on non - confirming and confirming uses and the required compliances. Mr. Provins explained if the zone change was approved the building would become non -confirming so then the conditions would change. P&Z Chairperson Daniel Tunstall commented on the notifications sent out to property owners regarding the annexation and overlay of the zoning. Mr. Duncan comments that this would be pretty close to a spot zoning issue. P&Z Commissioner Mary Starr asked Staff how close was the next business to the said property. Mr. Provins answered the closest was 900 feet to the west which is a plant nursery. A discussion ensued regarding zoning overlay for the annexation. Mr. Tunstall felt that is would be considered spot zoning and does not agree with this proposal. Motion denied 0-4 P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration & Possible Action Amendments to the Unified Development Code (UDC) No. (T-26) Zone 17-00014. P&Z Vice -Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner Derrell Isenberg seconded the motion. P&Z Chairperson Daniel Tunstall asked Staff what the driving factor was for the Lumber Mills change. Senior Planner Martin Griggs explained that when you have a use so large, it poses a hazard for potential properties that maybe extra buffers or requirements should be placed on that use to protect the health and welfare of the community. A discussion ensued regarding GC, M1 and M2 zones and the effect of the changes for lumberyard uses. Deputy City Attorney Lawrence Province gave an example of a previous City experience involving a lumber yard and the results of it involved negative effects on businesses on the same road. Mr. Province added to avoid not having adequate protection and not negatively impact anyone in the future these changes were proposed. Mr. Tunstall made a comment that City Council needs to hear these type of conflicts to be better informed. A discussion ensued on existing and new uses. No discussion or issues from the P&Z Commission on the open Air Market changes, Transfer Station changes and Tree Farm and Nursery changes. Deputy City Attorney P&Z Regular Meeting Minutes August 7, 2017 Page 4 of 6 Lawrence Provins gave clarification on tree requirements and tree mitigation in the UDC. A discussion on the revisions of a CUP process ensued. P&Z Chairperson Daniel Tunstall asked for suggestions on how to vote on each item. Mr. Provins explained that an indication from the fellow P&Z Commission on how they are voting on a particular issue. P&Z Vice -Chairperson Thomas Duncan made a motion to amend original motion to exclude item one, revisions to the UDC, P&Z Commissioner Mary Starr seconded the motion to amend. The motion to amend the original motion passes 4-0. The motion to approve changes to the Land Use Matrix items (A. Lumber Mill/Yard), (B. Open Air Markets), (C. Transfer Stations) and item two (Tree Farm and Nurseries) passes 4-0. P&Z Chairperson Daniel Tunstall wished to move to reconsider the UDC Conditional Use Permit approval process, P&Z Vice -Chairperson Thomas Duncan seconded the motion. Mr. Tunstall stated for the record to record their comments on their votes so Council would be aware the reasons for their votes. The motion to reconsider passes 4-0. P&Z Chairperson Daniel Tunstall made a motion to re -include item one (Changes to the UDC), P&Z Vice -Chairperson Thomas Duncan seconded the motion. The motion to re - include passes 4-0. P&Z Chairperson Daniel Tunstall made a comment that he would be a no vote but is in favor of all items except the UDC amendment. City Planner Jai McBride informed Mr. Chair that he had options to delete or add portions of item number one. P&Z Commissioner Mary Starr objection was that the process required an Engineer site plan. Staff made a clarification that an engineered site plan was not a requirement. Mrs. Starr was okay with the clarification. Discussion ensued regarding a site plan and what should be included on the plan. P&Z Vice -Chairperson Thomas Duncan explained that he was part of the CUP process Committee and shared the discussions and decisions from that Committee. A comment by the P&Z Commission regarding super majority was made. Deputy City Attorney Lawrence Province explained that there is a confusion where the super majority is found in the UDC which is in the zoning section and not in the CUP process section. P&Z Commissioner Mary Starr asked if it could be put in the change of the rules a vote of five is required instead of six for approvals. Mr. Provins answered yes, a recommendation could be placed. A discussion ensued regarding P&Z Commission discussing and recommending on an item first or would it be City Council first, the amount of days required to wait for approvals, information and communication from both gets represented. Mr. Duncan commented that the JPH meetings will become longer and Staff will have to be more involved, concerns from P&Z Commissioners were that items may be postponed. P&Z Commissioner Derrell Isenberg commented that City Council is held accountable for their votes. P&Z would like to make it easier for people to come in the City with their businesses. The motion to approve of all the purposed changes to No. (T-26) amendments to the UDC P&Z Regular Meeting Minutes August 7, 2017 Page 5 of 6 passes 4-0.. P&Z Chairperson Daniel Tunstall made a statement into record that his yes vote was due to the lengthy discussion over the changes that are being made and that it does not require a super majority by City Council to overturn P&Z's vote on UDC text amendments. The vote would be the same no matter what. DISCUSSION ITEMS 1. Commissioners Activity Report: P&Z Vice -Chairperson Thomas Duncan and P&Z Chairperson Daniel Tunstall would like to have a workshop for recommended practices, guidelines(checklist) for all CUPS and criteria's, specifically for liquor stores. The workshop should include City Council. City Planner Jai McBride agreed into getting more guidelines and a workshop in the future. 2. Next P&Z Regular Meeting —August 21, 2017 ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 10:13 pm These minutes were respectfully submitted by: 7)(0v Alma Gonzales, Offi Assistant Minutes approved as submitted and/or corrected on this 11th day of September 2017, A.D. Dan rTunstal , P Z Chairperson P&Z Regular Meeting Minutes August 7, 2017 Page 6 of 6