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2019-12-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, DECEMBER 16, 2019 AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 10:13 P.M. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Commissioner Ronald Wicker P&Z Commissioner Layni Cade P&Z Commissioner Andrew Earles P&Z Commissioner Ashley Boswell Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Planner Vince Hustead, Assistant Director of Engineering Raj Shrestha, Assistant City Engineer Rasika Perera, and Office Assistant Alma Gonzales Chairperson Tunstall read into the record the items on the consent agenda. Commissioner Earles 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. Approve the P&Z Regular Meeting minutes from December 02, 2019 Motion passed 5-0 NEW BUSINESS P&Z Regular Meeting Minutes December 16, 2019 Page 1 of 4 Chairperson Tunstall read into the record the items on Consideration and Possible Action - Approval of an Irregular Shaped Lot to Allow Platting of a Property VARP 19-00024. Commissioner Cade made a motion to approve, Commissioner Wicker seconded the motion. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF AN IRREGULAR SHAPED LOT TO ALLOW PLATTING OF A PROPERTY VARP 19-00024 A request of Carlos Espinoza of Windrose Land Services, the applicant; on behalf of Fite Interests, LTD, a Texas Limited Partnership, owner; 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 0.7923 Acres / 34,515 square feet situated in the H.T. & B.R.R. Co. Survey, Sec. 21, Abstract No. 309 City of Pearland, Brazoria County, Texas. General Location: Southeast corner of intersection of Cullen Road and Old Chocolate Bayou Road. Planner Hustead presented the Staff Report with exhibits and informed Staff recommended approval of the requested variance regarding the creation of irregularly shaped lots 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 property under review is an existing irregular shaped parcel that was created as a remainder tract as right of way was acquired for the intersection of Cullen Road and Old Chocolate Bayou Road. Commissioner Wicker asked Staff if there would be some Right of Way (ROW) abandonment, Planning Manager Griggs informed there would be. Commissioner Cade had concerns with future development if approved and was against the request. No public input Motion passed 3-2, Commissioners Cade and Earles were opposed Chairperson Tunstall read into the record the items on Consideration and Possible Action- Zone Change Application Number Zone 19-00025. Commissioner Earles made a motion to approve, Commissioner Wicker seconded the motion. Commissioner Cade abstained from the Consideration and Possible Action due to having a personal acquaintance with the Applicant. P&Z Regular Meeting Minutes December 16, 2019 Page 2 of 4 CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NUMBER ZONE 19-00025 A request by Tessie Gurley, applicant, on behalf of Barclay Barnett, owner, for approval of a zoning change from Single-family Residential -2 (R-2) District and Office & Professional District (OP) to Neighborhood Service District (NS), on approximately 0.86 acres of land; to wit: Legal Description: Being all of Lot 1, Block 1 of the Tessie's Place Addition, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2019038486 of the Official Public Records of Brazoria County, Texas. General Location: 4806 & 4904 W. Walnut Street, Pearland, Texas. Planning Manager Griggs presented the Staff Report with exhibits and informed in staff's opinion, the proposed zone change from R-2 and OP to NS meets the criteria for approval; therefore, staff recommends approval. Commissioner Wicker questioned if the zone change would benefit the applicant, Commissioner Earles commented the zone change would be more restrictive to the applicant if approved, Deputy City Attorney Provins gave clarification on the allowable uses if the zone change was approved. Motion passed 3-1, Commissioner Boswell was opposed due to concerns with future uses. Chairperson Tunstall read into the record the items on Consideration and Possible Action- Zone Change Application Number Zone 19-00026. Commissioner Wicker made a motion to approve, Commissioner Cade seconded the motion. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NUMBER ZONE 19-00026 A request by the City of Pearland, applicant, on behalf of the City of Pearland and Gulf Coast Water Authority, owner, for approval of a zoning change from the interim Suburban Development (SD) District to Suburban Residential -15 District (SR -15), on approximately 100.29 acres of land; to wit: Legal Description: Tract (1): 2.00 acres Out of Lots 11, 20, and 29, Section 2, Allison - Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (2): 57 Acres out of Lot 6, Section 2, Allison -Richey Gulf Coast Home Company Subdivision and J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (3): 36 acres out of Lots 3, 11, 12, 20, 21, 29 and 30, Section 2, P&Z Regular Meeting Minutes December 16, 2019 Page 3 of 4 Allison -Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (4): 7 acres out of Lots 3, 11, 20, and 29, Section 2, Allison -Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. General Location: West of County Road 48 between County Road 59 and County Road 895, Pearland, Texas. Planning Manager Griggs presented the Staff Report with exhibits and informed in staff's opinion, the proposed zoning classification of SR -15 provides the best fit for this municipal use and consistent with the Comprehensive Plan and the 2015 Future Land Use Plan; therefore, staff recommends approval. No further discussion by Staff and the P&Z Commission Motion passed 5-0 DISCUSSION ITEMS 1.Commissioners Activity Report — None 2.Next P&Z Regular Meeting - January 06, 2020 ADJOURNMENT P&Z Chairperson Tunstall adjourned the P&Z Regular meeting at 10:32 p.m. These minutes were respectfully submitted by: Alm'Go , ssistant nza Off Minutes approved as submitted and/or correct d on th76th day of January 2020, A.D. TunstallP & Z Chairp tij bl /, ; Dan , arson P&Z Regular Meeting Minutes December 16, 2019 Page 4of4