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2017-10-02 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, OCTOBER 02, 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 6:30 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 P&Z Commissioner David Selsky P&Z Commissioner Troy Pradia Also present were Deputy City Attorney Lawrence Provins, Community Development Director John McBride, City Planner Jimontanae McBride, Associate Planner Vince Hustead, Planner Armon Irones, 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, P&Z Commissioner 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 September 11, 2017. NEW BUSINESS P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration & Possible Action — Final Plat of Creek Bend Section 1. P&Z Commissioner Mary Starr made a motion to approve, P&Z Vice -Chairperson Thomas Duncan seconded the motion. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF CREEK BEND SECTION 1 P&Z Regular Meeting Minutes October 02, 2017 Page 1 of 7 A request of Jason Price, LJA Engineering, the applicant; on behalf of Randall Wong, Hannover Estates, Ltd, owner; for approval of the Final Plat of Creek Bend Section 1 creating 89 single family lots and 11 reserves on 46.337 acres of land, described to wit: Legal Description: A subdivision of 46.337 acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 239, Brazoria County, Texas. General Location: north of Magnolia Street and east of McLean Road. Associate Planner Vince Hustead presented the staff report and exhibits and informed the Commission that Staff recommends approval of the Final Plat of Creek Bend for the following reasons: 1. The Final Plat conforms to the final plat requirements of the UDC. 2. The Final Plat is consistent with the approved Preliminary Plat. 3. The Final Plat will provide land to develop infill housing and new single-family residential development, pursuant to the Comprehensive Plan. 4. The Final Plat will facilitate the widening of Veterans Drive pursuant to the Thoroughfare Plan. Mr. Hustead informed that the approval would require the following conditions: 1. The SIA would need to be amended to reflect to the Development Improvement Agreement or provide a second SIA for the offsite improvements by October 16, 2017 per section 3184A. 2. The tree mitigation fee must be paid by October 16, 2017. P&Z Chairperson Daniel Tunstall inquired on the amount of the tree mitigation fee. Mr. Hustead informed the amount was a little over $200,000.00 per the Development Improvement Agreement. Deputy City Attorney Lawrence Provins informed that there was an offset on the tree mitigation fee due to the developer agreed on making improvements on the natural state of the wetlands. P&Z Commissioner Mary Starr made a motion to amend to include Staff's recommendations, P&Z Commissioner Troy Pradia seconded the motion. The amended motion passes 6-0. The motion passes 6-0. P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration & Possible Action — Variance from Minimum Lot Width. P&Z Commissioner David Selsky made a motion to approve, P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION - VARIANCE FROM MINIMUM LOT WIDTH A request by Gene Giles of Gene Giles Design Group Inc., applicant, on behalf of Jiovani P&Z Regular Meeting Minutes October 02, 2017 Page 2 of 7 Rodhan, owner; for approval of a Variance Permitted in Section 2.4.4.5 (c) (1) (b), of the Unified Development Code, Ordinance No. 2000-T, to reduce the minimum lot width from 150 feet to 80 feet for an existing lot zoned General Business, described to wit: Legal Description: Being a tract of land containing 1.0526 acre, more or less, being the east 10.00 feet of Lot 7, and the west 70.00 feet of Lot 6 of the Partition of the Mahanay Lands, H.T. & B.R.R. Company Survey, Section 15, Abstract 241, Brazoria County, Texas. General Location : 6834 Broadway Street Planner Armon Irones presented the staff report and exhibits and informed the Commission that Staff recommends approval of the requested variance to reduce the minimum lot width and area per the requirement of Section 2.4.4.5 (c) (1) (b) which requires the approval of the Planning and Zoning Commission to reduce the minimum lot width from 150 feet to 80 feet for the proposed lot for the following reasons: 1. The subject property is currently zoned General Business 2. The subject property was annexed into the City in 1995 and the Future Land Use Plan 2015 shows the area as Business Commercial, therefore the proposed land use is a good fit for the location. Currently there are a variety of different land uses along Broadway Street. 3. The only entrance will be along Broadway Street and there will be a landscape buffer between the residential development and the subject property. No comments from the P&Z Commission. Motion passes 6-0 P&Z Chairperson Daniel Tunstall read into the record the Planning & Zoning Commission Input and Discussion -Regarding Package Liquor Stores Planning & Zoning Commission Input and Discussion -Regarding Package Liquor Stores City Planner Jai McBride presented the Outline of Discussion which included City of Pearland Approval Status vs. Permitted by TABC, City of Pearland alcohol permits issued by TABC and how other cities in Texas regulate package liquor stores. Mrs. McBride informed the Commission that currently a total of nine CUP applications have been received for liquor stores, one application has been denied, one application is pending, seven applications have been approved by City Council, five applications have received their permits from TABC and only two stores have opened for business. Staff recommends that packaged liquor stores are only allowed by CUP in the major commercial nodes within the following districts of BP288, General Business, General Commercial and in Planned Development where the base zoning is commercial. The packaged liquor stores must be at least one thousand feet buffer radius from the nearest liquor store. The one thousand P&Z Regular Meeting Minutes October 02, 2017 Page 3 of 7 feet buffer radius can be potentially waived by seeking a P&Z Variance. Packaged liquor stores cannot be located on the entrance of any residential subdivision nor within three hundred feet of a parcel having direct access from a local street into a residential subdivision. The recommended requirements are for packaged liquor stores only. The packaged liquor stores must meet all the UDC requirements regarding landscaping, parking, transparency, building articulation and facade. All package liquor stores that have been approved prior to the regulations would have a grandfathered in clause. Citizen Layni Cade, 1901 Meadow Creek Dr., Pearland TX 77581 spoke in regards of her support in regulating liquor stores. Mrs. Cade was against drive-thru liquor stores and having too many liquor stores in the city. Mrs. Cade asked the Commission to consider not allowing foot massage stores in the city without a CUP. P&Z Commissioner David Selsky made a suggestion on looking at the focus of letting market decide versus the city controlling the decision for allowing the amount of liquor stores being allowed. P&Z Chairperson Daniel Tunstall was in favor of regulation and controls by land use not only for liquor stores but also for other business that are highlighted troublesome in other communities. P&Z Chairperson Troy Pradia clarified that the city could not be more restrictive than the state law. A discussion ensued between the Commission, Staff and the Deputy City Attorney in regards to locations of a liquor store and the amount of liquor stores allowable per population. P&Z Vice -Chairperson commented that he does not think that the city perception in the general population will be dictated by the number of liquor stores in the city. P&Z Commissioner Troy Pradia commented on dictating the size of a Mom and Pops liquor store versus a massive size liquor store. Community Development Director John McDonald explained a smaller liquor store would possibly go out of business competing against a massive store because of the different levels of liquor stores. Mr. McDonald would like to keep liquor stores in specific areas to have a little more control. P&Z Commissioner Mary Starr commented that the Staff recommendations looked very good. Mr. Duncan likes the buffer radius but would rather go a half mile than the quarter recommended by Staff. Mr. McDonald explained it may depend on the node where the store radius could be determined. P&Z Commissioner Derrell Isenberg liked the regulation to control, but his issue was with the proximity of the liquor stores that are coming in. A discussion ensued regarding the amount of same type of businesses in the market. Mr. McDonald commented on the balance on market and regulation. Mr. Isenberg commented that one should not go strictly off of the city's population density, and would rather see the buffer a half mile. Mr. Tunstall asked Mr. Isenberg if he agreed that the number per capita is something that the Commission would not want to regulate but Commission would ask for that information at each review to be used as a gage. Mr. Isenberg answered that he would like to have that information. Deputy City Attorney Lawrence Provins explained the using one use in conjunction with another uses changes the character of the area and what is the perception. Mr. Provins informed that at some point of time whenever these regulations get solidified there will have to be a finding to support a conclusion in case it's challenged. P&Z Commissioner David Selsky asked legal if the regulations were adopted as is would legal defend them. Mr. Provins P&Z Regular Meeting Minutes October 02, 2017 Page 4 of 7 answered yes the findings and research that Staff provided would be added. Mr. Selsky would like to see discretions and guidelines be added. P&Z Commissioner Troy Pradia asked Staff if the rule for the 1000 feet buffer was the only rule. City Planner Jai McBride explained there was not a rule, the only rule was the 300 foot buffer for schools, hospitals and churches. Mrs. McBride informed that Staff discussed the 1000 foot radius should be added for commercial nodes it being two stores per commercial nodes so not to over saturate. Mr. McDonald made a point on adding regulations to the UDC so that businesses would know what to expect and understand coming forward their allowance of flexibility. Mr. Tunstall added that an applicant should be made aware of the process for a CUP for a liquor store and the conditions required so that they can provide all the information. A discussion ensued by Mr. Tunstall, Mr. Provins and Mr. McDonald in regards to the use on a CUP process and tying in conditions and the 300 foot restrictions. Mr. Pradia asked legal if they could impose new conditions to new applicants and what restrictions would they have. Mr. Provins informed that they could not retroactively be applied but the restrictions could be moved forward. Mr. Tunstall commented on the list of recommendations that is given to Council for approval and the checklist given to applicants. Mr. Tunstall informed that he read several places that one of the conditions for approval for a location for a liquor store was that the crime rate in that area could not be higher than that average of the city and sales of single serve at liquor stores were troublesome in communities. P&Z Commissioner Mary Starr commented on single serve liquor state laws differ because of the different control each state has. Mr. Tunstall added that he read if a liquor store loses or license gets suspended, then they would have to reapply. Mr. Tunstall feels the applicant should be required to provide what they are going to do and how they are going to do it. Mr. Provins recommended/cautioned to the Commission that if any kind conditions were going to be applied, Code Enforcement Staff would have to have the ability to enforce those conditions. P&Z Vice -Chairperson Thomas Duncan commented on the UDC requirements for cages behind door/windows that closes after business closes. A discussion ensued on the regulations of those type of cage windows/doors for all types of businesses. Mr. Provins explained the requirements for having different conditions of land use from the land use matrix having it different from one business to the other but one would have to have a basis for making that decision. P&Z Commissioner David Selsky commented on having the Commission evaluate on the appropriate location being the X factor to be able to determine where a business should be located. P&Z Commissioner Tony Pradia agreed with Commissioner Selsky that this is a good start. P&Z Chairperson Daniel Tunstall asked where check cashing businesses land in the UDC. Mr. Provins informed that the requirement was with a CUP at GB and GC. City Planner Jai McBride clarified the requirement. Community Development Director John McBride asked the Commissioners about the consensus on regulations and keeping immoral as an adoptive policy to guide the Commission moving forward. Mr. Tunstall asked legal for the record if there was a way to poll the Commission without taking a vote. Mr. Provins explained that the Commission can give direction to Staff to prepare for future action items to include the issues or add issues or exclude issues. Mr. Tunstall made a comment for the record that he was totally in favor of the Staff recommendations of having restrictions. Mr. Provins and Mr. McDonald explained how adding the restrictions could be more formalized system. Mr. P&Z Regular Meeting Minutes October 02, 2017 Page 5 of 7 Tunstall would like to see the formalized system in the UDC. Discussion ensued on the ways of adding the requirements to the UDC. P&Z Commissioner David Selsky asked the Commission where they stood with the recommendations. All P&Z Commissioners were in favor of the recommendations, P&Z Commissioner Mary Starr commented that the Commission needs to be careful in putting too many regulations because over regulating could cause more problems and does not feel that these should be added to the UDC. Mr. McDonald and Mr. Provins explained that there is a pragmatic approach for the best way of sending an item forward for a recommendation and how that process works. Mr. McDonald informed the Commission that Staff will take the information and comments from the meeting and craft something appropriate to move forward for the next meeting. Mrs. Starr would like to get the number of applications for liquor stores are coming in. Commissioner Selsky asked legal if a permit can denied if the potential owner has had a history of violations with TABC. Mr. Provins explained that with the new changes to the CUP process, he did think that a permit can be consideration for denial. A discussion ensued on the different examples of how a denial could be considered. Mr. Tunstall commented that he would like to investigate the crime statistics to see if it would be a viable item to address during the CUP process. Mr. Provins explained how one would have to distinguish between different types of crime related to the issue presented. Mr. Tunstall pointed out that if presenting the crime statistics to City Council it should be put out there as an item to discuss and if the crime statistics is not an item they would be worried about, then he would be fine with that, but feels it would be worth presenting it. Mr. Provins explained that he would encourage the Commission if that item was to be presented, then the crime categories or crime categories that are of concerned listed for Council. Commissioner Tony Pradia commented that a business owner should not have to suffer because of the location that business owner wants to be in regardless of the crime rate in that area. Mr. Provins clarified to the Commission if it would be a good idea to include adding a crime statics as a requirement for approval. Mr. Tunstall stated that the point of the regulation for adding the crime statistics to make aware if that particular area being considered has a high amount of crime and stated for the record that this is an item that he concerned about and would like to present it to Council. Mr. Provins informed that Mr. Tunstall concerns will be presented as a discussion item when Staff goes to prepare their next staff reports for future presentation. Mr. Tunstall commented that he would like to disallow drive-thru liquor stores per the UDC in the land use section. A discussion ensued in regards to the harms a drive-thru liquor store could produce. Mr. Provins commented that the recommendations to not have a drive-thru could be tied in to the site plan if need to. A discussion ensued by Mr. Tunstall and the Commission in regards to the no bars around the windows of liquor stores and clarification on the regulations on windows while the stores are open. Mr. Provins explained that the regulation is for the envelope of the building and not the inside of the building unless there's a certain transparency issue. Mr. Tunstall had no issue with the screening of the store at night but during open hours there should be no obstruction due to transparency requirements. Commissioner David Selsky asked where this process goes from here. Mr. Provins explained that from here items goes to a proposed changes to the UDC where Staff will take the meetings discussion to include the changes, but informed until then, as CUP applications come in, one should include the P&Z Regular Meeting Minutes October 02, 2017 Page 6 of 7 new recommendations with the criteria that is in place now. DISCUSSION ITEMS 1. Commissioners Activity Report - None 2. Next P&Z Regular Meeting — October 16, 2017 — P&Z Commissioners David Seisky and Derrell Isenberg will not be present for the October 16, 2017 meeting ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 8:14 pm These minutes were respectfully submitted by: Alma Galet.,Office Assistant Minutes approved as submitted and/or corrected on this 16th day of October 2017, A.D. Daniel Tunstall, P & Z Chairperson P&Z Regular Meeting Minutes October 02, 2017 Page 7 of 7