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2017-01-30 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JANUARY 30, 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 7:54 P.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice -Chairperson Thomas Duncan P&Z Commissioner Ginger McFadden 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 Mary Starr made a motion to approve the items on the consent agenda, P&Z Vice -Chairperson Thomas Duncan 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 May 16, 2016, August 15, 2016, September 26, 2016, November 21, 2016, December 05, 2016 and December 19, 2016, Regular P&Z Meeting. 2. Excuse the absences of P&Z Chairperson Daniel Tunstall, P&Z Vice — Chairperson Thomas Duncan and P&Z Commissioner Troy Pradia from the December 19, 2016 P&Z Regular Meeting. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF STEWART HEIGHTS AT SAVANNAH SECTION 3 P&Z Regular Meeting Minutes January 30, 2017 Page 1 of 5 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 Section 3 creating 73 single family lots and 8 reserves, described to wit: Legal Description: A subdivision of 39.497 acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 302 and the A.C.H. & B. Survey, Abstract 403, Brazoria County, Texas. Location: West of Savannah Parkway at future Laurel Heights Drive. NEW BUSINESS P&Z Chairperson Daniel Tunstall read into the record the Final Plat of Riverstone Ranch at Clear Creek Section 6. P&Z Commissioner Troy Pradia made a motion to approve and P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF RIVERSTONE RANCH AT CLEAR CREEK SECTION 6 A request of Jason Price of LJA Engineering, on behalf of Shannon Wiespape of Meritage Homes, owner: to approve the Final Plat of Riverstone Ranch at Clear Creek Section 6 creating 111 single family lots and 7 reserves, described to wit: Legal Description: A Subdivision of 37.743 acres of land situated in the T.J. Green Survey, Abstract 290, City of Pearland, Harris County, Texas being part of Lots 79 — 83, 98, 100, 115-118, and all of Lot 99 of the Allison Richey Gulf Coast Home Company part of Suburban Gardens, Section "G", a Subdivision of Record in Volume 4, Page 48, Map Records of Harris County, Texas, and a Portion of Tract One, Drainage Easement of the Green Tee Terrace Section Seven, A Subdivision recorded in Film Code No. 352061, Map Records of Harris County, Texas. Location: North of Clear Creek, east of Riverstone Ranch Drive. Associate Planner Vince Hustead presented the Staff Report and exhibits. Informed that Staff does recommend approval of the final plat of Riverstone Ranch at Clear Creek Section 6. P&Z Vice -Chairperson Thomas Duncan inquired regarding the parkland use. Community Development Director Lata Krishnarao explained the Parkland dedication ordinance. P&Z Chairperson Daniel Tunstall inquired regarding the cluster development and clarification of funding, Ms. Krishnarao explained the process and Mr. Hustead informed that funding was in place. P&Z Regular Meeting Minutes January 30, 2017 Page 2 of 5 The motion passes 6-0. P&Z Chairperson Daniel Tunstall read into the record the Zone Change Application No. CUP 16-00012. P&Z Vice -Chairperson Thomas Duncan made a motion to approve and P&Z Commissioner Ginger McFadden seconded the motion. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. CUP 16-00012 A request of Carlos and Wendy De La Torre, applicant, on behalf of Spradley Properties, LP, owner; for approval of a Conditional Use Permit (CUP) to allow for an auto accessories and/or parts store in the General Business (GB) zoning district; on approximately 0.7819 acres of land. Legal Description: Being 0.7819 acre (34,058 square feet), out of the west one-half of the northwest one-fourth of the H.T. & B.R.R. Company Survey, A-241, Brazoria County, Texas, and being the same land called 0.7819 of an acre described in deed dated July 26, 1988 to Richard L. Spradley recorded under Brazoria County Clerk's File No. (B. C. C. F.) 23330. Location: 7126 Broadway Street, Pearland, TX. P&Z Chairperson Daniel Tunstall was opposed due to the noise nuisance the business would bring. P&Z Commissioner Troy Pradia would be in favor of the CUP if noise prevention measures would be met by the applicant. Deputy City Attorney Lawrence Provins explained the process to make a motion to amend to attach conditions. Ms. Krishnarao explained the option of tabling the recommendation. P&Z Commissioner Troy Pradia made the motion to table and P&Z Commissioner Derrell Isenberg seconded the motion. The motion passes 5-1. P&Z Chairperson Daniel Tunstall was opposed. P&Z Chairperson Daniel Tunstall read into record Zone Change Application No. CUP 16- 00014. P&Z Vice -Chairperson Thomas Duncan made a motion to approve and P&Z Commissioner Ginger McFadden seconded the motion. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. CUP 16-00014 A request of Jose Urioste, applicant, on behalf of Rafael Ortega, owner; for approval of a Conditional Use Permit (CUP) to allow for a food store/supermarket in the Light Industrial (M-1) zoning district; on approximately 1.99294 acres of land. Legal Description: All of that certain 1.99294 acre tract or parcel of land in the A.C.H. & B. Survey, Section 1, Abstract No. 147 in Brazoria County, Texas, being a portion of the North one-half of tract 123 of the subdivision of the A.C.H. & B. Survey, P&Z Regular Meeting Minutes January 30, 2017 Page 3 of 5 Section 1 according to the plat of same recorded in Volume 2, Page 1 of the Plat Records of Brazoria County, Texas, said tract being that portion of the north one-half of Tract 123 lying West of State Highway No. 35 (a.k.a Main Street) Location: 3200 block of Main Street, south of Swensen Road, on the west side of Main Street, Pearland, TX. P&Z Commissioner Derrell Isenberg was opposed to Applicant building in the industrial zoned site. P&Z Chairperson Thomas Duncan was opposed due to the UDC requirements were not met. P&Z Commissioners Ginger McFadden and Mary Starr felt the said property was not the right area for this project. P&Z Chairperson Daniel Tunstall made a comment regarding the proper zone usage of a property before one purchases the property. The motion was denied 0-6. P&Z Chairperson Daniel Tunstall read into the record the Zone Change Application No. CUP 16-00017. P&Z Commissioner Derrell Isenberg made a motion to approve and P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. CUP 16-00017 A request of Y Ali Khan of GK Hospitality Development, LLC, applicant, on behalf of Kevin Ngo, owner; for approval of a Conditional Use Permit (CUP) to allow for a hotel/motel in the General Business (GB) zoning district; on approximately 1.8060 acres of land. Legal Description: Being 1.8060 acre (78,667 square feet) tract of land and being a portion of Lot 80 of the Allison Richey Gulf Coast Home Company's Subdivision as recorded in Book 2, Page 23 Brazoria County map Records in the H.T. & B.R.R. Company Survey Abstract 506, Brazoria County, Texas. Location: 8541 Broadway Street, Pearland, TX. P&Z Commissioner Mary Starr commented that the proposed use was best for this difficult piece of property. A discussion ensued between Commission, Deputy City Attorney Lawrence Provins, Architect for Applicant Mahesh Wadhwa, Applicant Representative Drew Pelter regarding the height requirements with the building and gable. P&Z Commissioner Derrell Isenberg was for adding requirements into the CUP. Senior Planner Martin Griggs explained options one which was to apply for a variance for the height requirements. Ms. Krishnarao added to the discussion of including the height addition to the CUP. Mr. Provins explained the CUP compliance process. P&Z Chairperson Daniel Tunstall made a motion to amend the original motion to include plans, renderings, address Staff recommendations with the UDC and the landscape requirements including the overall maximum height of 45ft. with portion of gable at maximum 55ft. to be approved by Staff. Vice -Chairperson Thomas Duncan seconded the motion to amend. The amended motion P&Z Regular Meeting Minutes January 30, 2017 Page 4 of 5 was approved 6-0. DISCUSSION ITEMS 1. Commissioners Activity Report - NONE 2. Upcoming conference opportunities — AP New York discussed 3. No P&Z Meeting on February 6, 2017 — No plat applications filed 4. Next P&Z Meeting, — February 20, 2017 — JPH and Regular P&Z meeting ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 8:37 p.m. These minutes were respectfully submitted by: r Alma Gonzaleo,/Officssistant Minutes approved as submitted and/or corrected on th . 20th day of February 2017, A.D. .L� Danie unstall, & Z hairperson P&Z Regular Meeting Minutes January 30, 2017 Page 5 of 5