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2017-07-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JULY 17, 2017, AT 6:30 P.M., 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 9:32 p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice -Chairperson Thomas Duncan P&Z Commissioner Mary Starr P&Z Commissioner David Selsky P&Z Commissioner Troy Pradia 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, Planning Technician Samin Bazargan, Associate Engineer Matt Brown and Office Supervisor Judy Brown. CALL TO ORDER P&Z Chairperson Daniel Tunstall announced the resignation of Commissioner Ginger McFadden due to her moving out of the City of Pearland, Mr. Tunstall acknowledged Ms. McFadden's 5 year participation and dedication into the Commission. 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 Mary Starr seconded the motion. The motion passes by a vote of 6-0. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES 1. Approve the P&Z Regular Meeting minutes from June 19, 2017. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF STEWART HEIGHTS SECTION 6 A request of Jason Price, of LJA Engineering, Inc., the applicant; on behalf of Savannah P&Z Regular Meeting Minutes July 17, 2017 Page 1 of 7 Development, LTD., owner; for approval of the Preliminary Plat of Stewart Heights Section 6 creating 31 single family lots and 3 reserve on 10.174 acres of land, described to wit: Legal Description: Being 10.174 acres of land containing 31 lots and 3 reserve on 3 blocks out of the A.C.H. & B. Survey, A-403 and H.T.&B. R.R. Co. Survey, A-302 & J.S. Talmage Survey, A-566, Brazoria County, Texas. General Location: west of Savannah Parkway, north of County Road 58. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF STEWART HEIGHTS SECTION 7 A request of Jason Price, LJA Engineering, Inc., the applicant; on behalf of Savannah Development, Ltd., owner; for approval of the Final Plat of Stewart Heights Section 7 creating 46 single family lots and 1 reserve on 10.946 acres, described to wit:. Legal Description: Being 10.946 acres of land containing 46 lots and 1 reserve on 2 blocks out of the A.C.H. & B. Survey, A-403 Brazoria County Texas. General Location: West of Savannah Parkway, north of County Road 58. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF RIVERSTONE RANCH SECTION 8 A request of Jason Price of LJA Engineering Inc, on behalf of Meritage Homes, owner, to approve the Final Plat of Riverstone Ranch Section 8 creating 99 single family lots and 8 reserves, described to wit: Legal Description: Being 29.805 acres of land containing 99 lots and 8 reserves on 7 blocks out of the T.J. Green Survey, A-290, City of Pearland, Harris County, Texas. General Location: north of Clear Creek east of Hughes Road. 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 New Lot. P&Z Commissioner Mary Starr made a motion to approve, Vice -Chairperson Thomas Duncan seconded the motion. CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM MINIMUM LOT DEPTH TO ALLOW PLATTING OF A NEW LOT. A request by Toby Couchman, applicant, on behalf of R. West Development Company, P&Z Regular Meeting Minutes July 17, 2017 Page 2 of 7 owner; for approval of a Variance from Section 2.4.2.6 (c) (1) a, of the Unified Development Code, Ordinance No. 2000-T, to allow platting of a lot that will have a lot depth of zero feet at the corners of the lot located within the R-2, Single -Family Residential -2 zoning district on 2.08 acres of land, to wit: Legal Description: Being 2.08 acres of land, more or less, being a part of Lot 17 of the L. W. Murdock Subdivision of the A. C. H. & B. Survey, Section 2, Abstract 507, Pearland, Brazoria County, Texas. General Location: South side of Pearland Parkway across from Oak Ridge Drive Associate Planner Vince Hustead presented the staff report and exhibits. Mr. Hustead announced for the record that the applicant was incorrectly noted. Mr. Toby Couchman is the Surveyor and Ms. Ginevra Liquitay is the person who was representing R. West Development. Staff recommends approval of the requested variance of 90 feet for the proposed lot per Section 2.4.3.4 (b) (1) (3) a, of the Unified Development Code, Ordinance No. 2000-T, for the following reasons: 1. The proposed lot will provide for utilization of an oddly shaped, undeveloped remainder tract. 2. The proposed lot conforms to the intent of the lot depth requirement by providing an adequate setback from the public street, while still meeting the building setback requirements of the zoning district. 3. With the exception of the minimum lot depth the proposed lot will conform to the lot design requirements of the R-2, Single -Family Residential -2 zoning district. Mr. Hustead informs that the variance is not expected to negatively impact the surrounding single family uses. No comments from the P&Z Commission Motion passes 6-0. P&Z Chairperson Daniel Tunstall read into the record the items on the Zone Change Application No. Zone 17-00004. 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- 00004 A request of Method Architecture represented by Samuel Hero, applicant, on behalf of Presidio Equities, LLC, owner, represented by Bobby Orr, for approval of a change in zoning from a Light Industrial (M-1) to a Planned Development (PD) zoning district; on approximately 18.6542 acres of land. Legal Description: Being lots 2, 3, and 4 of 18.6542 out of a 22.8622 acre tract of land P&Z Regular Meeting Minutes July 17, 2017 Page 3 of 7 out of a portion of Lots, 28, 33, and 39 of W. Zychlinski's Subdivision, recorded in Volume 29, Page 41, of the Brazoria County Deed Records, (B.C.D.R.), located in the H.T. & B.R.R. Co. Survey, Abstracts 232 and 542, Brazoria County, Texas. General Location: Approximately 18 acres at the SWC of Rice Drier Road and NI Main Street (SH35) with an address of 1916 North Main Street, Pearland, TX Vice -Chairperson Thomas Duncan made a recommendation to the property owner that before it goes to the next level and City Council they should address some of the questions with the effect of their neighbors permit be worked out because Council will take that information into consideration. P&Z Commissioner Mary Starr agreed with Mr. Duncan's recommendation. P&Z Chairperson Daniel Tunstall's opinion is to have the applicant and neighboring Third Coast work out the details, Mr. Tunstall supports the development. Motion passes 6-0 P&Z Chairperson Daniel Tunstall read into the record the items on the Conditional Use Permit Application No. CUP 17-00002. Vice -Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner Derrell Isenberg seconded the motion. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 17-00002 A request of Capital Construction Management represented by Michael Seery, applicant, on behalf of Adam & Malik Developer, LLC., owner; for approval of a Conditional Use Permit (CUP) to allow for a Gasoline Station in the General Business (GB) zoning district; on approximately 2.0537 acres of land. Legal Description: Being 2.0537 acres of land situated in the A.C.H.&B. Survey, Abstract Number 147 and the T.D. Yocum Survey, Abstract Number 399, Brazoria County, Texas, being all of that certain RESERVE "A" OF THE MINOR PLAT OF ADAM & MALIK DEVELOPER, LLC, a subdivision as shown on map or plat recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File Number 2016027588, also being a portion of that certain called 27.12 acres of land described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas under County Clerk's File Number 93-007446. General Location: 3201 Pearland Parkway, Pearland, TX. Commissioner Mary Starr had reservations on how to proceed with gas station CUPs. Vice -Chairperson Thomas Duncan agreed with Commissioner Mary Starr's concerns and commented that he was getting mixed messages from City Council, Mr. Duncan was opposed to the proposal. P&Z Commissioner Troy Pradia asked the property owner what P&Z Regular Meeting Minutes July 17, 2017 Page 4 of 7 other type of business he presently owned. Property owner, Adam Saadi, 9639 Scarsdale, Houston TX, informed the Commission of the other businesses he owned. Mr. Pradia asked if this proposed gas station would mirror his other gas station. Mr. Saadi explained the open environment proposed concept. P&Z Commissioner David Selsky commented that he was in favor of the proposal. P&Z Commissioner Derrell Isenberg was opposed to the proposal. Chairperson Daniel Tunstall had concerns with the trees/landscape that was proposed. Deputy City Attorney Lawrence Provins explained the tree mitigation requirements by the UDC and a discussion ensued in regards to the tree mitigation. Mr. Tunstall did not feel that this property was the best use for a gas station due to the interpretation of the existing trees with this development. Property owner, Mr. Saadi gave an explanation of the site and landscaping. Representative with Capital Construction Management, 10402 Town Country Way, Houston TX 77024, explained that this project was phase one and improvements were in consideration. Deputy City Attorney explained the Commission before voting the placement of conditions may affect the Commission's vote. Senior Martin Griggs explained the conditions. A discussion ensued and the results were that the Commission requested to amend the previous motion to include Staff recommendations and conditions. Commissioner Troy Pradia made a motion to amend, P&Z Commissioner Mary Starr seconded the motion. The motion to amend to include Staff recommendations passes 6-0. Motion failed 3-3. P&Z Chairperson Daniel Tunstall, Vice -Chairperson Thomas Duncan and P&Z Commissioner Derrell Isenberg were opposed. P&Z Chairperson Daniel Tunstall read into the record the items on the Conditional Use Permit Application No. CUP 17-00003. P&Z Vice -Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 17-00003 A request of Hiren Desai, applicant, on behalf of Donya, LLC, owner, represented by M. Jay Javadi, managing member; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Commercial (GC) zoning district; on approximately 6.4224 acres of land. Legal Description: Being a 6.4224 acre tract of land out of a 313 acre tract in the W.D.0 Hall Survey, Abstract 70, Brazoria County, Texas. General Location: 2530 E. Broadway Street, Pearland, TX. Chairperson Daniel Tunstall asked Staff regarding if the lighting and bars would be included as a condition, Senior Planner Martin Griggs explained it would not be a condition because it was already part of a definition of a packaged liquor store which does not allow that type of enhancement which have been included in every prepackaged liquor store. P&Z Regular Meeting Minutes July 17, 2017 Page 5 of 7 CUP. Mr. Provins explained how the neighboring businesses would be grandfathered in from the present conditions. P&Z Commissioner Derrell Isenberg expressed his opposition due to the saturation of liquor stores already being presented to the City. Vice -Chairperson Thomas Duncan expressed his opposition due to a church and school very near the proposed property. P&Z Commissioner Mary Starr made a comment that only two stores with approved CUPs have opened for business. Mrs. Starr feels that they should not be responsible for picking which type of business is too many or not enough. Deputy City Attorney Lawrence Provins explained the process once a CUP has been approved and the length of time it takes for TABC requirements. Motion failed 0-6. All P&Z Commissioner present were opposed. P&Z Chairperson Daniel Tunstall read into the record the items on the Conditional Use Permit Application No. CUP 17-00011. P&Z Vice -Chairperson made a motion to approve, P&Z Commissioner Troy Pradia seconded the motion. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 17-00011 A request of William Lacombe, applicant/owner, for approval of a Conditional Use Permit (CUP) to allow for a Dwelling — Four Family (Quadriplex) in the Old Townsite Mixed Use (OT -MU) zoning district; on approximately 0.1922 acres of land. Legal Description: Lots Twenty -Two (22), Twenty -Three (23) and Twenty -Four (24), in Block Thirty (30), Pearland Townsite, according to the map or plat thereof recorded in Volume 29, Page 41 of the Deed Records of Brazoria County, Texas, less and except all that certain 1,000 square feet out of Lots 23 and 24, Block 30, Pearland Townsite according to the plat thereof files in Volume 29, Page 41 Brazoria County Plat Records, Pearland, Brazoria County, Texas and being out of that certain tract as described in a deed dated 02-16-2006 from Guadalupe Garcia, et ux to Maria M. Perez as filed in the Official Records of Brazoria County a Clerk's File Number 2006010023. General Location: 2543 and 2545 S Texas Avenue, Pearland, TX. P&Z Chairperson Daniel Tunstall commented it would be a good use for the property. Motion passes 6-0 DISCUSSION ITEMS 1. Commissioners Activity Report: P&Z Commissioner David Selsky comments that it would be helpful if Staff could give guidance on how to determine location and plans for prepackaged liquor stores. City Planner Jai McBride explained that she has been doing research and gathering helpful information to present to the Committee. P&Z Regular Meeting Minutes July 17, 2017 Page 6 of 7 P&Z Commissioner Mary Starr added that the number of CUPs for liquor stores that are coming in is because the ordinance recently went into effect and people are coming out but should slow down. P&Z Vice -Chairperson Thomas Duncan commented that it would be helpful if an update would be provided every six months on approved zone changes and CUPs. 2. Next P&Z Regular Meeting — August 7, 2017: P&Z Commissioner David Selsky informed that he would not be present at the August 7th meeting. ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 10:18 pm These minutes were respectfully submitted by: Alma Gonzale Offic Assistant Minutes approved as submitted and/or correcte on thi11th day of September 2017, A.D Danie nstall, P u Z Chairperson P&Z Regular Meeting Minutes July 17, 2017 Page 7 of 7