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2019-08 -05 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 05, 2019 AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 7:35 p.m. p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice Chairperson Thomas Duncan P&Z Commissioner Ronald Wicker P&Z Commissioner Mary Starr P&Z Commissioner Layni Cade P&Z Commissioner Andrew Earles Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner Vince Hustead, Director of Engineering Robert Upton, Assistant Director of Engineering Raj Shrestha and Office Assistant Alma Gonzales. Chairperson Tunstall read into the record the items on the consent agenda. Commissioner Starr made a motion to approve, Commissioner Cade seconded the motion. CONSENT AGENDA All items listed under the "Consent Agenda" are considered to be routine and require little or no deliberation by the P&Z Commission. These items will be enacted / approved by one motion unless a commissioner requests separate action on an item, in which event the item will be removed from the Consent Agenda and considered by separate action (ix. Matters removed from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSED ABSENCE 1. Excuse the absence of P&Z Vice Chairperson Thomas Duncan from the July 15, 2019 P&Z Regular Meeting. P&Z Regular Meeting Minutes August 05, 2019 Page 1 of 9 2. Approve the P&Z Regular Meeting Minutes from the July 15, 2019. Motion passed 6-0 NEW BUSINESS Chairperson Tunstall read into the record the items on Consideration and Possible Action - the Variance from the 3 to 1 Front to Depth Ratio VARP 19-00016. Commissioner Wicker made a motion to approve, Commissioner Star seconded the motion. CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM THE 3 TO 1 FRONT TO DEPTH RATIO. VARP 19-00016 A request of Randy McLendon, the applicant; on behalf of Brad Crain, owner; for approval of a Variance Permitted in Section 2.2.5.2 (a) (4) of the Unified Development Code, Ordinance No. 2000-T, to increase the maximum lot depth to width ratio from the 3 to 1 to a ratio of 3.13 to 1 to allow the platting of a lot described to wit: Legal Description: Being portions of Lots 43 & 44 of West Pearwood Subdivision, Vol 1, Pg. 96 B.C.P.R. situated in the Austin Lower League, Abstract No. 111, City of Pearland ETJ, County of Brazoria, State of Texas. General Location: 3812 Buckholt Street Planner Hustead presented the Staff report with exhibits and informed that Staff recommended approval of the requested variance from the requirements of Section 3.2.14.2 (c), which requires the approval of the Planning and Zoning Commission to increase the depth to width ratio from 3 to 1 to a ratio of 3.13 to 1 for the following reason: 1. To allow the property to be platted in its existing configuration. 2. The property line will correspond with a drainage easement shown on the original plat. No input from the public were made No further comments from the P&Z Commission were made, Motion passed 6-0 Chairperson Tunstall read into the record the items on Consideration and Possible Action — Replat of Crain Treadwell Replat PLAT 19-00059. Commissioner Starr made a motion to approve, Commissioner Cade seconded the motion. CONSIDERATION AND POSSIBLE ACTION — REPLAT OF CRAIN TREADWLL REPLAT PLAT 19-00059 P&Z Regular Meeting Minutes August 05, 2019 Page 2 of 9 A request of Randy McLendon, the applicant; on behalf of Brad Crain, owner; for approval of the Replat of Crain Treadwell Replat, creating 2 lots on 4.482 acres of land located at on the west corner of Buckholt Road and Westfield Lane, described to wit: Legal Description: a subdivision of 4.482 acres in the W.D.C. Hall League, Abstract 70 City of Pearland, Brazoria County, Texas Being a replat of Lots 3 and 4, Blk. 1, Westfield Estates Vol. 22, Pg. 37, B.C.P.R. and Lot 1, Blk. 1, Treadwell Addition Plat 2013054254, B.C.P.R. Location: West corner of Buckholt Road and Westfield Lane Planner Hustead presented the Staff report with exhibits and informed that Staff recommended approval of the Replat of Crain Treadwell Replat for the following reasons: 1. This plat conforms to the UDC requirements of a Replat. 2. The proposed lots conform to all of the requirements of the R-1 Single Family Zoning District. 3. The proposed lots fit the character of the neighboring properties. No input from the public were made No further comments from the P&Z Commission were made, Motion passed 6-0 Chairperson Tunstall read into the record the items on Consideration and Possible Action — Approval of an Irregular Shaped Lot to Allow Replatting of a Property VARP 19-00014. Commissioner Cade made a motion to approve, Commissioner Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF AN IRREGULAR SHAPED LOT TO ALLOW REPLATTING OF A PROPERTY. VARP 19-00014 A request by Rudy Sandoval, the applicant, on behalf of Pearland Self Storage Ltd. 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 an irregularly shaped lot described to wit: Legal Description: A subdivision of 3.8662 acres / 168,411 square feet of land, situated in the H.T. & B.R.R. Company Survey, Section No. 81, Abstract No. 300, being a Replat of a portion of reserve "B", First Amending Plat of Southgate Section One, Recorded in Vol. 24, Pg. 23, B.C.P.R., City of Pearland, Brazoria County, Texas. General Location: 3200 Kirby Drive P&Z Regular Meeting Minutes August 05, 2019 Page 3 of 9 Planner Hustead presented the Staff report with exhibits and informed that Staff recommended approval of the variance regarding the creation of two irregularly shaped lots and a flag lot regulated by Section 3.2.14.2 (c), permitted by Section 2.6.1.1 (b) (1), which requires approval by the Planning and Zoning Commission for the creation of irregularly shaped lots for the following reason: 1. The lots will exceed the size and area requirements of GB — General Business zoning district. A brief discussion regarding the lot size and total number of split acreage ensued by Chairperson Tunstall and the applicant's representative Alan Mueller. No input from the public were made Chairperson Tunstall was not in support of this request, Commissioner Cade had concerns with the parking space once the lot was divided and Mr. Mueller explained that a ZBA setback variance had recently been denied so the owner was looking into a 3,000 square foot building instead of the original size. Motion passed 5 — 1, Chairperson Tunstall was opposed Chairperson Tunstall read into the record the items on Consideration and Possible Action — Replat of Kirby Commercial Center 2 PLAT 19-00058. Commissioner Cade made a motion to approve, Commissioner Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION — REPLAT OF KIRBY COMMERCIAL CENTER 2 PLAT 19-00058 A request of Rudy Sandoval,the applicant; on behalf of Pearland Pearland Self Storage Ltd., owner; for approval of the Replatof Kirby Commercial Center 2, creating 2 non- residential lots on 3.8662 acres of land located at 3200 Kirby Drive, described to wit: Legal Description: A subdivision of 3.8662 acres / 168,411 square feet of land, situated in the H.T. & B.R.R. Company Survey, Section No. 81, Abstract No. 300, being a Replat of a portion of Reserve "B", First Amending Plat of Southgate Section One, Recorded in Vol. 24, Pg. 23, B.C.P.R., City of Pearland, Brazoria County, Texas. General Location: 3200 Kirby Drive Planner Hustead presented the Staff report with exhibits and informed that Staff recommended approval of the Replat of Kirby Commercial Center 2 with the following condition: 1. That a Planning and Zoning variance be approved to allow the creation of an irregular shaped lot. P&Z Regular Meeting Minutes August 05, 2019 Page 4 of 9 No input from the public were made No further comments from the P&Z Commission were made, Motion passed 6-0 Chairperson Tunstall read into the record the items on Consideration and Possible Action — Variance to Create an Irregular Shaped Lot and Flag Lot with Double Frontage VARP 19-00015. Commissioner Wicker made a motion to approve, Commissioner Cade seconded the motion. CONSIDERATION AND POSSIBLE ACTION — VARIANCE TO CREATE AN IRREGULAR SHAPED LOT AND FLAG LOT WITH DOUBLE FRONTAGE VARP 19-00015 A request by David White of Tetra Surveys, the applicant on behalf of 4308 Rice, LLC owner; for approval of a Variances Permitted in Section 2.6.1.1 (b) (1) of the Unified Development No. Ordinance Code, 2000 -T, Sections of requirements from the 3.2.14.2 (c) and (e) of the UDC to allow approval of the creation of an irregular shaped flag lot with double frontage described to wit: Legal Description: A Subdivision of 1.000 acres of land located in the City of Pearland and the H.T. & B.R.R. Company Survey, Abstract No. 232, Being a Replat of a Portion of Lot 1, Block 1 of the Final Plat of Rice Drier Commerce Park, A Subdivision in Brazoria County, Texas recorded Instrument in thereof to or Map the according Plat Number 2019027535 of the Plat Records of Brazoria County, Texas. General Location: 4488 Halik Road Planner Hustead presented the Staff report with exhibits and informed that Staff recommended approval of the requested variances per Section 2.6.1.1 (b) (1), from Sections 3.2.14.2 (c) and (e) which will allow the creation of an irregular shaped flag lot with double frontage for the following reasons. 1. The irregular shaped flag lot with double frontage will allow the development of the property in conformance to the commercial uses allowed in the Rice Drier Planned Development. Vice Chairperson Duncan asked Staff if the flag pole portion of the lot would be big enough for a driveway or would it pertain more to drainage and utility type applications and Planner Hustead informed his understanding was more for drainage and utility applications. Deputy City Attorney Provins informed one lot would be more for access and the second lot would be for the drainage and utilities. No input from the public were made No further comments from the P&Z Commission were made, Motion passed 6-0 P&Z Regular Meeting Minutes August 05, 2019 Page 5 of 9 Chairperson Tunstall read into the record the items on Consideration and Possible Action — Replat of a Portion of Lot 1, Block 1 of Rice Drier Commerce Park PLAT 19- 00056. Commissioner Cade made a motion to approve, Commissioner Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION — REPLAT OF A PORTION OF LOT 1, BLOCK 1 OF RICE DRIER COMMERCE PARK PLAT 19-00056 A request of David White, of Tetra Surveys, the applicant; on behalf of 4308 Rice, LLC, owner; for approval of the Replat of Portion of Lot 1, Block 1 of Rice Drier Commerce Park creating 2 lotson 3.8185 acres of land located at 4488 Halik Road described to wit: Legal Description: A Subdivision of 1.000 acres of land located in the City of Pearland and the H.T. &B. RR Company Survey, Abstract No. 232, Being a Replat of a Portion of Lot 1, Block 1 of the Final Plat of Rice Drier Commerce Park, A Subdivision in Brazoria County, Texas Number Instrument in recorded Plat thereof Map the to according or 2019027535 of the Plat Records of Brazoria County, Texas. General Location: 4488 Halik Road Planner Hustead presented the Staff report with exhibits and informed that Staff recommended approval of the Replat of a Portion of Lot1, Block 1 of Rice Drier Commerce Park with the following condition: 1. That a TIA work sheet be submitted for staff review. No input from the public were made No further comments from the P&Z Commission were made, Motion passed 6-0 Planner Hustead informed the P&Z Commission and Staff that the applicant for the Final Plat of Riverstone Ranch submitted a written request to have the plat withdrawn. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF RIVERSTONE RANCH SECTION 11 PLAT 19-00057 - WITHDRAWN A request of Jason Price of LJA Engineering, Inc., on behalf of Meritage Homes of Texas, LLC, owner: to approve the Final Plat of Riverstone Ranch at Clear Creek Section 11 creating 88 single family lots and 10 reserves on 71.997 acres, described to wit: Legal Description: A subdivision of 71.997 acres of land situated in the T.J. Green P&Z Regular Meeting Minutes August 05, 2019 Page 6 of 9 Survey, Abstract 290, City of Pearland, Harris County, Texas being a Replat of Part of Lots 36, 66, 67, 83, 100, and 118, and all of Lots 38, 53, 68, 84, 85, 101, and 119 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 Part of Reserve "G" of Riverstone Ranch at Clear Creek, Section 6, as recorded at film code No. 680786, Map Records of Harris County, Texas. General Location: North of Clear Creek; east of Hughes Road. Chairperson Tunstall read into the record the items on Consideration and Possible Action — Zone Change Application Number Zone 19-00015. Commissioner Cade made a motion to approve, Vice Chairperson Duncan seconded the motion. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NUMBER ZONE 19-00015 A request by Michael C. Elliot, Independent Executer, applicant and owner, for approval of a zoning change from Suburban Residential -12 District (SR -12) to Light Industrial District (M-1), on approximately 12.89 acres of land; to wit: Legal Description: Tract (1): 8.99 acres of land situated in Lot 47 of the Allison Richey Gulf Coast Home Company Subdivision of Section 9, out of the H.T. & B. R. R. Co. Survey, Abstract No. 234, Brazoria County, according to the plat recorded in Volume 2, Pages 23 & 24 of the Plat Records of Brazoria County, Texas. Tract (2): A tract of land containing 3.99 acres, being out of Lot 48, Allison Richey Gulf Coast Home Company Subdivision of Section 9, out of the H.T. & B. R. R. Co. Survey, Abstract No. 234, Brazoria County, according to the plat recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. General Location: 1706 & 1722 Roy Road, Pearland, Texas. Planning Manager Griggs informed the P&Z Commission of the previous M1 zoning history and the future development of the property. Chairperson Tunstall asked if one of the lots presently had an occupied home on it Mr. Griggs informed there was a home but not presently occupied. Senior Planner Bireima informed there was a possibility the home was occupied. Mr. Tunstall had concerns with the applicant or representative not being present for questions and was not in favor of the request. Commissioner Starr asked if the M1 property was presently in use. Mr. Griggs informed there was a crane business located on the property. Commissioner Earles asked would the future land use be affected by changing the zoning. Mr. Griggs and Mr. Bireima informed the future land use would not be affected if the zone change was approved the property could be used for any other type of industrial district. Motion was denied 0-6 P&Z Regular Meeting Minutes August 05, 2019 Page 7 of 9 Chairperson Tunstall read into the record the items on Consideration and Possible Action — Zone Change Application Number Zone 19-00016. Vice Chairperson Duncan made a motion to approve, Commissioner Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NUMBER ZONE 19-00016 A request by Alan Mueller, applicant, on behalf of G -Tech Development, represented By Andy, Grieve, owner, for approval of a zoning change from Single -family Residential -3 District (R-3) to General Business District (GB), on approximately 0.89 acres of land; to wit: Legal Description: Being 0.89 acres out of a tract of land containing 3.05 acres out of an 11.45 acre tract out of the W.D.C. Hall League, Abstract No. 70, Brazoria County, being described in Volume 384, Page 541 of the Deed Records of Brazoria County, Texas. General Location: 2519 Broadway Street, Pearland, Texas A brief discussion by the P&Z Commission ensued in regards to the driveway issue Motion passed 6-0 Chairperson Tunstall read into the record the items on Consideration and Possible Action — Zone Change Application Number Zone 19-00017. Commissioner Cade made a motion to approve, Vice — Chairperson Duncan seconded the motion. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NUMBER ZONE 19-00017 A request by Nancy Murphy, applicant and owner, for approval of a Planned Development (PD) amendment to amend the base zoning for the Botanical Landscape PD from General Business District (GB) to General Commercial District (GC) and to permit outside storage within the district, approximately 3.00 acres of land; to wit: Legal Description: Being Lot 1, Block 1, of the Crown Plat, being an addition of 2.99 acres in the City of Pearland, Brazoria County, Texas, according to the plat recorded in Document No. 2010052498, in the Official Public Recorded of Brazoria County, Texas. General Location: 6301 Broadway Street, Pearland, Texas. Senior Planner Bireima informed the P&Z Commission that after the Joint Public P&Z Regular Meeting Minutes August 05, 2019 Page 8 of 9 Hearing that was held earlier that evening he discussed with the applicant their options related to their request. Applicant and owner Nancy Murphy, 2017 Victoria Ct., League City TX 77573 and Mike Marsh, 7915 Mont Glen, Houston TX 77061 informed the P&Z Commission they would like to change the original request of a Planned Development amendment to a General Commercial District zone change with the understanding that a Conditional Use Permit would be required if an outside storage was decided. P&Z Commission discussed the voting options with staff and applicant which then the applicant decided to move forward with the request as presented. Motion passed 5-1, Commissioner Cade was opposed to the request. DISCUSSION ITEMS 1. Commissioners Activity Report — NONE 2. Next P&Z Regular Meeting — August 19, 2019 ADJOURNMENT P&Z Chairperson Tunstall adjourned the P&Z Regular meeting at 8:17 p.m. These minutes were respectfully submitted by;,, Alma Go .les, OIrfjpo Assistant Minutes approved as submitted and/or corrected on this 19th day of August 2019, A.D. il,l, l DanieLTuns all, P & Z Chai person P&Z Regular Meeting Minutes August 05, 2019 Page 9 of 9