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Home My WebLink About2016-05-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, MAY 16, 2016, 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 6:30 p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice-Chairperson Thomas Duncan P&Z Commissioner Derrell Isenberg P&Z Commissioner Ginger McFadden P&Z Commissioner Troy Pradia P&Z Commissioner Mary Starr Also present were Deputy City Attorney Lawrence Provins, Community Development Director Lata Krishnarao, City Planner Frankie Legaux, Sr. Planner Martin Griggs, Associate Planner Vince Hustead, Assistant City Engineer Richard Mancilla and Office Assistant Alma Gonzales. CONSENT AGENDA P&Z Chairperson Daniel Tunstall read the items on the consent agenda. P&Z Commissioner Mary Starr made a motion to approve the consent agenda, P&Z Commissioner Derrell Isenberg seconded the motion. The motion was approved 6-0. P&Z Chairperson Daniel Tunstall, P&Z Vice-Chairperson Thomas Duncan, P&Z Commissioners Derrell Isenberg, Ginger McFadden, Troy Pradia, and Mary Starr voted to approve. CONSIDERATION & POSSIBLE ACTION – APPROVAL OF MINUTES 1. Approved the Minutes of the May 2, 2016 P&Z Regular Meeting, held at 6:30 p.m. NEW BUSINESS P&Z Commissioner Daniel Tunstall read the Zone Change Application No. Zone 16-0001. P&Z Vice-Chairperson Thomas Duncan made a motion to recommend approval, P&Z Commissioner Mary Starr seconded the motion. P&Z Regular Meeting Minutes May 16, 2016 Page 1 of 5 CONSIDERATION AND POSSIBLE ACTION – ZONE CHANGE APPLICATION NO. ZONE 16-00001 A request of Somarajan Nair, applicant; on behalf of Texas Global Investment, owner; for approval of a change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 acres of land. Legal Description: Being 2.0885 acres of land, Lot One (1), Section Twenty-four (24) in the H.T. & B.R.R. Survey, Abstract No. 549, Brazoria County, Texas, described in recorded deed Volume 923, Page 175, Brazoria County Instrument No. 2012055307, Brazoria County, Texas. General Location: 7006 Bailey Road, Pearland, TX. City Planner Frankie Legaux stated that slides were available for review if needed. No comments from Commissioners. The vote was 6-0. P&Z Commissioner Daniel Tunstall, P&Z Vice-Chairperson Thomas Duncan and P&Z Commissioners Mary Starr, Darrell Isenberg, Troy Pradia and Ginger McFadden were all in favor of the motion for Zone Change Application No. Zone 16-00001. P&Z Commissioner Daniel Tunstall read the Conditional Use Application No. CUP 16-0001. P&Z Vice-Chairperson Thomas Duncan moved to recommend approval, P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION – CONDITIONAL USE APPLICATION NO. CUP 16-00001 A request of BSD Bright Site Development LLC, Nathan Richardson, applicant; on behalf of Tildon Sun Development LLC, owner; for approval of a Conditional Use Permit (CUP) to allow for a gas station, convenience store and self-serve car wash in the General Business (GB) zoning district; on approximately 2.653 acres of land. Legal Description: Being a tract or parcel containing 2.653 acres (115,560 square feet) of land situated in the H.T.& B.R.R. Co. Survey, Section 21, Abstract Number 309, City of Pearland. Brazoria County, Texas: being out of the remainder of Lot 1 of Allison-Richey Gulf Coast Co’s Part of Suburban Gardens, a subdivision plat of record in Volume (Vol.) 2, Pages (Pg’s) 23 and 24 of the Brazoria County Plat Records (B.C.P.R.); same being out of and a portion of the remainder a called 5.910 acre tract conveyed to Tildon Sun Development, LLC as described in deed recorded under Brazoria County Clerk’s File (B.C.C.F.) Number (No.) 2006018134; City of Pearland, Brazoria County, Texas. General Location: Southeast corner of Broadway Street and Smith Road. City Planner Frankie Legaux presented the summary of request and stated that Staff could P&Z Regular Meeting Minutes May 16, 2016 Page 2 of 5 not recommend approval of the requested Conditional Use Permit due to the following: The adopted 2015 Comprehensive Plan intersection recommendation’s, the Future Land Use Plan, the current proposal would not be essential or critically needed in the area and the asphalt overlay of the two lane road was not constructed to accommodate commercial traffic. Ms. Legaux also added that the drawings provided did not meet the frontage trees, signage and car wash doors screening under the UDC requirements. Staff would recommend conditions if the City Council should consider approval of this CUP. P&Z Commissioner Darrell Isenberg made comments regarding the landscaping and signage and does not think it is a good fit for that property site because another gas station with carwash is located within a mile from the subject property. P&Z Commissioner inquired what a new technology carwash entailed and P&Z Vice-Chairperson Thomas Duncan explained the carwash would be a drive up automatic system. Mr. Duncan commented that he had an issue with the information presented regarding the driveway alignments not wide enough and the present split face signals. P&Z Commissioner Mary Starr commented on the impact of the traffic. P&Z Commissioner Ginger McFadden did not agree with the location. P&Z Chairperson Daniel Tunstall felt that there was a rapid growth of gas stations and carwashes in the area and would prefer other type of business on this property. Mr. Tunstall stated that applicant needs to have more details in their package when they submit. The vote was 0-6. P&Z Commissioner Daniel Tunstall, P&Z Vice-Chairperson Thomas Duncan and P&Z Commissioners Mary Starr, Darrell Isenberg, Troy Pradia and Ginger McFadden opposed the motion for Conditional Use Application No. CUP 16-0001. P&Z Commissioner Daniel Tunstall read the Conditional Use Application No. CUP 16-0002. P&Z Commissioner Derrell Isenberg made a move to recommend approval, P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION – CONDITIONAL USE APPLICATION NO. CUP 16-00002 A request of Pan American Engineers, LLC, Ron Bordelon, applicant; on behalf of Murphy Oil USA, Inc. owner; for approval of a Conditional Use Permit (CUP) to allow for a gas station and convenience store in the General Commercial (GC) zoning district; on approximately 0.875 acres of land. Legal Description: Being a 0.875 acre tract being all of Lot “D” of Dixie Plaza out of amending Plat 518 recorded in C. F. No. 2008026747, Map Records of Brazoria County, Texas, located in the City of Pearland, Brazoria County, Texas. General Location: 3200 Dixie Farm Road, Pearland, Texas. City Planner Frankie Legaux presented the summary of request and stated that Staff P&Z Regular Meeting Minutes May 16, 2016 Page 3 of 5 recommended approval of the requested Conditional Use Permit. P&Z Commissioner Mary Starr commented that the gas station would be a big improvement to the area and did not feel it would have a major impact on traffic. P&Z Vice-Chairperson questioned the applicant the reason for swapping out the gas tanks. The Representative for the applicant, Basam Zeada answered the tanks would be swapped due to corrosion and contaminate soil being present and bigger tanks would be installed for the holding of ethanol gas. City P&Z Chairperson Daniel Tunstall asked applicant regarding the landscape plans and which trees would be saved. Ron Bordelow with Pan American Engineers informed that they are planning to save five trees on the Dixie Farm Road side and six on the opposite side to include further landscaping at subject property. Community Development Director Lata Krishnarao explained the Corridor Overlay specifications for the subject property and included that the applicant would meet the color palette. The Applicant commented that they would continue to keep ATM, propane, air- vac and ice machine outside with the exception of the ATM under canopy. Planner Frankie Legaux stated that a condition could be added to the CUP for not allowing outside storage for several items. P&Z Chairperson Daniel Tunstall requested to make an amendment to keep outside sales, displays and ice machine under canopy with the exception of the ATM. Applicant explained the height of the ice machine and the reason it would not be under canopy. A vote to add amendment was motioned by the P&Z Commission. P&Z Chairperson Daniel Tunstall moved to amend the motion adding that outside sales, displays and the ice machine be placed under the canopy. P&Z Commissioner Troy Pradia seconded the motion. The motion to amend passed by a vote of 6-0. P&Z Commissioner Daniel Tunstall, P&Z Vice-Chairperson Thomas Duncan and P&Z Commissioners Mary Starr, Darrell Isenberg, Troy Pradia and Ginger McFadden were in favor of the motion for Conditional Use Application No. CUP 16-0002. P&Z Commissioner Daniel Tunstall read the Request to Postpone Conditional Use Application No. 2016-05. P&Z Commissioner Mary Starr made a motion, P&Z Commissioner Derrell Isenberg seconded the motion. CONSIDERATION AND POSSIBLE ACTION – REQUEST TO POSTPONE CONDITIONAL USE APPLICATION NO. 2016-05 288 & Beltway 8 Applicant did not submit revisions by resubmission deadline. Postponed to June 20, 2016. The vote was 6-0. P&Z Commissioner Daniel Tunstall, P&Z Vice-Chairperson Thomas Duncan and P&Z Commissioners Mary Starr, Darrell Isenberg, Troy Pradia and Ginger McFadden all voted in favor of the motion to postpone Conditional Use Application No. 2016- P&Z Regular Meeting Minutes May 16, 2016 Page 4 of 5 05. DISCUSSION ITEMS 1. Commissioners Activity Report - None 2. Zoning Update: a. ZONE CHANGE 2016-04Z: Annexation – Residential. SD to SR-15. Approved 05-09-16 with Daycare removed from SR-15. b. ZONE CHANGE 2016-04Z: Annexation – Commercial SD to SR-GB. Approved 05-09-16 3. Next P&Z Meeting, – June 6, 2016 –Regular P&Z meeting – Not able to attend June 6, 2016 meeting: P&Z Chairperson Thomas Duncan and P&Z Commissioners Ginger and Derrell Isenberg 4. Article from April, 2016, issue of Planning magazine entitled “Do the Right Thing: Ethics for Commissioners” ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 7:55 p.m. These minutes were respectfully submitted by: ____________________________________ Alma Gonzales, Office Assistant th Minutes approved as submitted and/or corrected on this 6day of June 2016, A.D. ____________________________________ Daniel Tunstall, P & Z Chairperson P&Z Regular Meeting Minutes May 16, 2016 Page 5 of 5