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2017-02-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, FEBRUARY 20, 2017, AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 7:33 p.m. In attendancewere: P&Z Chairperson Daniel Tunstall P&Z Vice -Chairperson Thomas Duncan P&Z Commissioner David Selsky P&Z Commissioner Mary Starr P&Z Commissioner Derrell Isenberg P&Z Commissioner Troy Pradia Also present were Deputy City Attorney Lawrence Provins, Community Development Director Lata Krishnarao, Sr. Planner Martin Griggs, Associate Planner Vince Hustead, Development Coordinator Clarence Sirmons, Assistant Director of Engineering Richard Mancilla, Associate Engineer Matt Brown and Office Assistant Alma Gonzales. CONSENT AGENDA P&Z Chairperson Daniel Tunstall read into the record the items on the consent agenda. P&Z Commissioner David Selsky made a motion to approve the items on the consent agenda, P&Z Commissioner Mary Starr seconded the motion. The motion passes by a vote of 6-0. CONSIDERATION & POSSIBLE ACTION -APPROVAL OF MINUTES AND EXCUSED ABSENCE 1. Approve the Minutes of the January 20, 2017, Regular P&Z Meeting. 2. Excuse the absences of P&Z Commissioner David Selsky from the January 20, 2017 P&Z Regular Meeting. CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SAVANNAH PARKWAY & RESERVES STREET DEDICATION A request of Jason Price, LJA Engineering, the applicant; on behalf Ethan Springer of Savannah Development, Ltd, owner; for approval of the Final Plat of Savannah Parkway and Reserves Street Dedication; dedicating 100 feet of right of way for Savannah Parkway from Laurel Heights Drive to Arrowhead Point Lane and 2 Reserves on 8.916 acres of P&Z Regular Meeting Minutes February 20, 2017 Page 1 of 7 land, described to wit: Legal Description: A Subdivision of 8.916 acres of land situated in the H.T. & B.R.R. Company Survey, Section 77, Abstract 302, Brazoria County, Texas. Location: Savannah Parkway from Laurel Heights Drive to Arrowhead Point Lane. NEW BUSINESS P&Z Chairperson Daniel Tunstall read into the record Final Plat of Stewart Heights at Savannah Section 4. P&Z Commissioner Mary Starr made a motion to approve and P&Z Commissioner David Selsky seconded the motion.• CONSIDERATION & POSSIBLE ACTION -FINAL PLAT of STEWART HEIGHTS AT SAVANNAH SECTION 4 A request of Jason Price of LJA Engineering, on behalf of Ethan Springer, Savannah Development, Ltd., owner : to approve the Final Plat of Stewart Heights at Savannah Section 4 creating 62 single family lots and 5 reserves, described to wit: Legal Description: A subdivision of 20.406 acres of land situated in the A.0 .H.B. Survey, Abstract 403, Brazoria County, Texas. Location: Generally located on the north side of County Road 58 and about 200 feet west of Savannah Parkway. Associate Planner Vince Hustead presented the exhibits and reports and informed that Staff recommends approval of the Final Plat of Stewart Heights Section 4 as proposed by the applicant with the following conditions: 1. Agreements regarding County Road 58 need to be finalized and executed prior to recordation. P&Z Chairperson Daniel Dunstall inquired if the Development Agreement was in place, Deputy City Attorney Lawrence Provins explained the ETJ development agreement and as Development occurs plats for CR 58 would be acted upon accordingly. A discussion 01J.ensued regarding the recommended conditions.A motion to amend with conditions was made by P&Z Commissioner Mary Starr and P&Z Tommissioner David Selsky seconded the motion. The motion to amend with conditions <111J' Passes 6-0. Motion as amended passes 6-0. n.o1. P8Z Chairperson Daniel Tunstall read into the record Preliminary Plat of County Road 58 Street Phase IV Savannah Parkway to Lost Springs. P&Z Commissioner Troy Pradia made a motion to approve and P&Z Commissioner David Selsky seconded the motion. P&Z Regular Meeting Minutes February 20, 2017 Page 2 of 7 CONSIDERATION & POSSIBLE ACTION - PRELIMINARY PLAT OF COUNTY ROAD 58 STREET PHASE IV SAVANNAH PARKWAY TO LOST SPRINGS LANE Associate Planner Vince Hustead presented the exhibits and reports and informed that Staff recommends approval of the Preliminary Plat of County Road 58 Street Phase IV Savannah Parkway to Lost Springs as proposed by the applicant with the following conditions: 1. Agreements regarding County Road 58 need to be finalized and executed prior to recordation. Chair made a motion to amend the original with conditions and P&Z Vice -Chairperson Thomas Duncan seconded the motion. The motion to amend with conditions passes 6-0. Motion as amended passes 6-0. P&Z Chairperson Daniel Tunstall read into the record Final Plat of Stewart Heights at Savannah Section 4. P&Z Commissioner Mary Starr made a motion to approve and P&Z Commissioner David Selsky seconded the motion. CONSIDERATION & POSSIBLE ACTION - PRELIMINARY PLAT OF COUNTY ROAD 58 STREET PHASE IV LOST SPRINGS LANES TO AUGUSTA MANOR DRIVE A request of Jason Price, LJA Engineering, the applicant; on behalf Ethan Springer of Savannah Development, Ltd, owner; for approval of the Preliminary Plat of County Road 58 Street Phase IV Lost Springs Lane to Augusta Manor Drive dedicating 120 feet of right of way for the for County Road 58 on 1.734 acres of land, described towit: Legal Description: A Subdivision of 1.734 acres of land situated in the A.C.H. & B. Survey, Abstract 403, Brazoria County, Texas. Location: County Road 58 from Lost Springs Lane to the western boundary of Savannah Cove Section 3. Associate Planner Vince Hustead presented the exhibits and reports and informed that Staff recommends approval of the Preliminary Plat of County Road 58 Street Phase IV Lost Springs Lanes to Augusta Manor Drive as proposed by the applicant with the following conditions: Agreements regarding County Road 58 need to be finalized and executed prior to recordation. Chair made a motion to amend the original with conditions and P&Z Vice -Chairperson Thomas Duncan seconded the motion. The motion to amend with conditions passes 6-0. Motion as amended passes 6-0. P&Z Regular Meeting Minutes February 20, 2017 Page 3 of 7 P&Z Chairperson Daniel Tunstall read into the record the P&Z Variance No. VARP 17- 00001. Vice -Chairperson Thomas made a motion to approve and P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION & POSSIBLE ACTION - P&Z VARIANCE NO. VARP 17-00001 A request by Allen Siebeneicher, applicant and owner; for approval of a Variance Permitted in Section 2.4.4.5 (c) (1) (a) (b) and (c), of the Unified Development Code, Ordinance No. 2000-T, to reduce the minimum lot width from 150 feet to 37.23 feet foran existing lot zoned General Business, described to wit: Legal Description: Lot 11, Block 3 of Air Port Site Subdivision, Brazoria County, Texas as recorded in Volume 5, Page 57 in the Brazoria County Plat Records. Location: North side of 3rd Street about 700 feet west of Main Street. Associate Planner Vince Hustead presented the exhibits and reports and informed that Staff recommends approval of the P&Z Variance No. VARP 17-00001 for thefollowing reasons: 1. The property is currently zoned General Business. 2. Although the lot was originally created for residential uses, the Future Land Use Plan 2015 shows the lot as Light Industrial. 3. The property is surrounded to the north, south, and east by property zoned General Business and has a railroad tract along the west property line. A clarification was requested by P&Z as to the need for a variance at said property. Deputy Attorney Lawrence Provins gave P&Z the explanation. Motion passes 6-0. P&Z Chairperson Daniel Tunstall read into the record the Conditional Use Permit Application No. CUP 16-00015. P&Z Commissioner David Selsky made a motionto approve and P&Z Commissioner Troy Pradia seconded the motion. CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. CUP 16-00015 A request of Ted Maier, applicant, on behalf of Musa Adi, owner; for approval of a Conditional Use Permit (CUP) to allow for an auto wash (self-service) in the General Commercial (GC) zoning district; on approximately 1.0672 acres of land. Legal Description: Being a parcel of land containing 1.0672 acres (46,489 squarefeet) more or less out that certain 8.8726 acre tract conveyed by George E. Young to Milestone Propertied, Inc., as recorded in deed records Volume 1541, Page 648, Official Records of P&Z Regular Meeting Minutes February 20, 2017 Page 4of 7 Brazoria County, Texas, said 1.0672 acres being in the W.D.C. Hall Survey, Abstract 70, Brazoria County, Texas. Location: 1524 E. Broadway Street, Pearland, TX. Senior Planner Martin Griggs presented reports and exhibits and informed that Staff recommends approval of the CUP for the following reasons: 1. The proposed CUP is compatible with the established non-residential uses of the area. The adjacent properties are commercial in nature and the proposed use complements the other businesses. 2. The application is for an existing building that does not require any additional upgrades or alterations. Any alterations are negligible and will not have impacts on the site or surrounding uses. 3. The applicant has already taken steps to install enhanced landscaping to screen the auto -wash from Broadway Street. The motion passes 6-0. P&Z Chairperson Daniel Tunstall read into the record the Zone Change Application No. CUP 17-00001. P&Z Commissioner Troy Pradia made a motion to approve and P&Z Commissioner David Selsky seconded the motion. CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. CUP 17-00001 A request of Hiren C. Patel, applicant, on behalf of 2ML Real Estate Interests, Inc., 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 1.5707 acres of land. Legal Description: Being Reserve G a 1.5707 acre portion of a 20.8406 acre (907,818 square feet) tract of land being all of proposed Albertson's Pearland, a subdivision of land out of Lots 31, 32, 63, and 64 of the Allison - Richey Gulf Coast Home Company Subdivision of Section 9, H. T. & B. Railroad Company Survey, Abstract No. 234, Brazoria County, Texas, according to the plat recorded in Volume 2, Page 24, of the Brazoria County Plat Records. Location: 7109 W. Broadway Street, Pearland, TX. Senior Planner Martin Griggs presented reports and exhibits and informed that Staff recommends approval of the CUP for the following reasons: 1. The parcel is surrounded by other commercially zoned properties and is not adjacent to residentially zoned land. 2. The location is not at an entrance to residential neighborhoods. The proposed use is a retail use of similar size and intensity to the surround retail P&Z Regular Meeting Minutes February 20, 2017 Page 5of 7 and commercial uses and therefore compatible. 3. The location in an established shopping center mitigates the potential for negative aesthetics or activity that might accompany this type of retail use. 4. The applicant has not proposed any modifications to the suite such as bars overthe windows or additional light which would negatively affect the surrounding businesses. lfthe CUP is considered for approval, staff recommends the following conditions: 1. Bars over or behind the windows would be prohibited. 2. Neon and LED strip lighting around the doors or windows would be prohibited. P&Z Chairperson asked applicant regarding the flashing LED lights and bars on windows. The applicant informed they would comply with the conditions. P&Z Commissioner Troy Pradia asked applicant regarding signage, applicant informed. Chair made a motion to amend the original with conditions and P&Z Commissioner David Selsky seconded the motion. The motion to amend with conditions passes 6-0. Motion as amended passes 6-0. P&Z Chairperson Daniel Tunstall read into the record the Amendments to the Unified Development Code (UDC). P&Z Vice -Chairperson Thomas Duncan made a motion to approve and P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION - AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) A request of the City of Pearland, for proposed amendments to the Unified Development Code, Ordinance No. 2000T. Senior Planner Martin Griggs presented the exhibits and explained the proposed changes to the UDC and Land Use Matrix category which included Auto Accessories and/or Parts, Auto Parts Sales, and Auto Wash and Extended Stay Hotel/Motel, Hotel, and Motel. P&Z Chairperson Daniel Tunstall and all P&Z Commissioners agreed with the auto accessory, parts, sales and auto wash amendment to only require a permit in the GB and GC zoning districts and all agreed on the CUP process for hotel/motels in the GB and GC zoning districts. P&Z Commissioner Mary Starr commented that the CUP process was required especially when this type of business would abutter up against a residential area. Motion passes 6-0. DISCUSSION ITEMS 1. Commissioners Activity Report - NONE 2. Next P&Z Meeting, — March 06, 2017 — Regular P&Z meeting, plats only P&Z Regular Meeting Minutes February 20, 2017 Page 6 of 7 ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 8: 13 p.m. These minutes were respectfully submitted by: Alma Gonzales, OfficeAssistant Minutes approved as submitted and/or corr-cted this 20th day of March 2017, A.O. Tunsta , ' & Z hairperson P&Z Regular Meeting Minutes February 20, 2017 Page 7 of 7