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Home My WebLink About2016-11-21 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, NOVEMBER 21, 2016, AT 8:00 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Vice - Chairperson Thomas Duncan opened the meeting for the P&Z Regular Meeting at 9:12 p.m. In attendance were: P&Z Vice-Chairperson Thomas Duncan P&Z Commissioner Derrell Isenberg P&Z Commissioner Ginger McFadden P&Z Commissioner Mary Starr P&Z Commissioner Troy Pradia Also present were Deputy City Attorney Lawrence Provins, Community Development Director Lata Krishnarao, Sr. Planner Martin Griggs, Assistant Director of Engineering Richard Mancilla, Associate Engineer Matt Brown and Office Supervisor Judy Brown. CONSENT AGENDA P&Z Vice-Chairperson Thomas Duncan read into the record the items on the consent agenda. P&Z Commissioner Derrell Isenberg made a motion to approve and P&Z Commissioner Mary Starr seconded the motion. The motion passed by a vote of 5-0. CONSIDERATION & POSSIBLE ACTION – EXCUSED ABSENCE 1. Approval the Minutes of the August 1, 2016, October 17, 2016, and November 7, 2016 Regular P&Z Meetings. 2. Excuse the absence of P&Z Commissioner Troy Pradia from the October 3, 2016 P&Z Regular Meeting NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION – ZONE CHANGE APPLICATION NO. CUP 16-00009 P&Z Vice - Chairperson Thomas Duncan read into the record the Zone Change Application No. Cup 16-00009. P&Z Commissioner Mary Starr made a motion to approve Zone Change Application No. CUP 16-00009 and P&Z Commissioner Derrell Isenberg seconded the motion. P&Z Regular Meeting Minutes November 21, 2016 Page 1 of 6 A request of Arne Pepin, applicant/owner; for approval of a Conditional Use Permit to allow for a tool and machinery rental with outdoor storage in the General Commercial (GC) zoning district; on approximately 4.694 acres of land. Legal Description: Being 4.694 acres (204,491 square feet) of land situated in the northeast one-quarter of Section 17, H. T. & B. RR Co. Survey, Abstract No. 242, Brazoria County, Texas, and being a part of the land described in Vol. 103, Page 156 and also part of the land described in Vol. 233, Page 452 of the Deed Records of Brazoria County, Texas. General Location: 2932 Manvel Road, Pearland, TX. Senior Planner Martin Griggs presented staff report with exhibits. Staff did not recommend approval for the following reasons: 1. The proposed use is not in conformance with the Future Land Use Plan (FLUP). The FLUP designates this property as Retail, Offices, and Services which is described as suitable for a variety of office and retail development. The proposed use, however, is more of a heavy commercial or light industrial use. 2. The existing uses in the surrounding area include several housing developments. There are no like or similar uses in the area and therefore this site is not suitable for that intensity of use. 3. The proposed conditional use permit would not have a positive impact on promoting future development along Manvel Road. The surrounding area is mostly developed with single family residential homes and institutional uses. The zoning in the area is intended to promote retail, offices, and services along the Manvel Road. The proposed use would not support the neighboring residential Needs and would not be compatible to the uses along Manvel Road, or be appropriate on Manvel Road which also serves as an entry to the City. Mr. Griggs explained if the CUP was approved, staff would recommend the following items to be addressed: 1. Existing track lighting to be removed. 2. Existing barbed wire fence to be replaced with a fence that meets the UDC. 3. All other conditions of the UDC be met. Discussion ensued with regards to limiting two trailers on the property, the fence replacement, addition of landscaping on the north side of the ROW and the revisions to the site plan. P&Z Commissioner Mary Starr made the motion to amend the original motion to Zone Change Application No. CUP 16-00009 to include the following conditions: 1. Existing track lighting to be removed. 2. Existing barbed wire fence to be replaced with a fence that meets the UDC. 3. All other conditions of the UDC be met. P&Z Regular Meeting Minutes November 21, 2016 Page 2 of 6 P&Z Commissioner Derrell Isenberg seconded the motion. The motion passed 5-0. The motion to approve the Zone Change Application No. CUP 16-00009 with Staff recommendations was approved 5-0. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION – ZONE CHANGE APPLICATION NO. CUP 16-00010 P&Z Vice - Chairperson Thomas Duncan read the Zone Change Application No. Cup 16- 00010. P&Z Commissioner Mary Starr made a motion to approve and P&Z Commissioner Derrell Isenberg seconded the motion. A request of Jay Dorsey, applicant, on behalf of Trajan Properties, LLC., owner; for approval of a Conditional Use Permit to allow for a metal, machine, or wood shop and building material sales in the Garden/O’Day-Mixed Use (G/O-MU) zoning district; on approximately 0.63 acres of land. Legal Description: Being a tract of land containing 0.63 acres (27,500 square feet) and being known as Lot 9, Block 3 of Hickory Creek Subdivision as recorded in Volume 11, Page 1 of the Brazoria County Map Records. General Location: 2106 O’Day Road, Pearland, TX. Senior Planner Martin Griggs presented staff report with exhibits. Staff does recommend approval for the following reasons: 1. It is not anticipated that the proposed use will have any significant negative impacts on surrounding developed properties, as a result of the requirements of the UDC as well as the conditions recommended by staff. 2. The proposed use meets the criteria of approval for a Conditional Use Permit, will conform to the UDC as well as the Future Land Use Designation of the Comprehensive Plan. 3. The proposed use and improvements to the site will result in an enhanced property that otherwise would remain as is. Recommended conditions: 1. Add a note on the site plan that no outside storage in the 30’ buffer along the western property line, abutting residential. 2. All applicable requirements of the UDC shall be met. Prior to First Reading, a revised site plan is required which illustrates all the conditions. 3. Exempt the requirement for façade. P&Z Commissioner Mary Starr made the motion to amend the original motion to Zone P&Z Regular Meeting Minutes November 21, 2016 Page 3 of 6 Change Application No. CUP 16-00010 to include the following conditions: 1. Add a note on the site plan that no outside storage in the 30’ buffer along he western property line, abutting residential. 2. All applicable requirements of the UDC shall be met. Prior to First Reading, a revised site plan is required which illustrates all the conditions. 3. Exempt the requirement for façade. P&Z Commissioner Derrell Isenberg seconded the motion. The motion passes 5-0. The motion to approve the Zone Change Application No. CUP 16-00010 with Staff recommendations was approved 5-0. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION – ZONE CHANGE APPLICATION NO. CUP 16-00011 P&Z Vice - Chairperson Thomas Duncan read the Zone Change Application No. Cup 16- 00011. P&Z Commissioner Derrell Isenberg made a motion to approve the Zone Change with Staff recommendations and P&Z Commissioner Troy Pradia seconded the motion. A request of Richard Stockton, applicant, on behalf of Greenspace Holdings, LLC., owner; for approval of a Conditional Use Permit to allow for a mini-warehouse/self-storage in the General Business (GB) zoning district; on approximately 2.101 acres of land. Legal Description: All of that Lot “A” and Lot “B”, Block 1 in the Whispering Winds Subdivision, Section 2, an addition in the Thomas J. Green Survey, Abstract No. 198 as recorded in Volume 19, Pages 163-164 in the Plat Records of Brazoria County, Texas. General Location: Approximately 323 feet northeast of the intersection of Westminster Road and Broadway Street. Senior Planner Martin Griggs presented staff report with exhibits. Staff does recommend approval for the following reasons: 1. The proposed CUP is compatible with the established residential and nonresidential uses of the area. Self-storage facilities are often able to successfully utilize remainder tracts that are deemed less desirable by other retail, office or service uses, and act as a transitional buffer between the commercial and residential uses. 2. The applicant is not seeking any variances to the design requirements specified in the UDC, and proposes a 25-foot green space between the proposed building and the adjacent multi–family residential use. Site features such as a masonry wall and landscaping will further screen the proposed use from the apartments. P&Z Regular Meeting Minutes November 21, 2016 Page 4 of 6 3. In 2006, the subject property was granted a CUP for self-storage, but that CUP is now expired. Conditions in the area have not changed significantly since the previous CUP was approved, and the proposed use is still deemed appropriate. If the use is acceptable then staff recommends that a revised site plan addressing the following comments be submitted prior to the first reading of the ordinance. 1. Provide a 15-foot front wide landscaped strip along Westminster Street with enhanced landscaping (additional shrubs and ornamental trees). Provide a combination of trees and shrubs along the east and west property lines in a 6- foot wide landscaping strip. Provide a combination of trees and shrubs along the northern property line with a minimum15-foot wide landscaped strip for a more effective buffer. 2. Resolve all conflicts between utility easements, drainage easements, and proposed landscaping and show these easements on the site plan. The motion to approve the Zone Change Application No. CUP 16-00011 with Staff recommendations was approved 4-0. P&Z Vice-Chairperson Thomas Duncan, P&Z Commissioners Derrell Isenberg, Ginger McFadden, and Troy Pradia voted in favor of the motion. P&Z Commissioner Mary Starr abstained on the motion. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION – ZONE CHANGE APPLICATION NO. ZONE 16-00016 P&Z Vice - Chairperson Thomas Duncan read the Zone Change Application No. Zone 16- 00016. P&Z Commissioner Troy Pradia made a motion to approve the Zone Change and P&Z Commissioner Ginger McFadden seconded the motion. A request of the City of Pearland, for proposed amendments to all Planned Developments and Planned Unit Developments within the City of Pearland to require approval of a Conditional Use Permit for auto related uses, Gas Stations, Pawn Shops, Payday Loan Centers, Gold Exchanges, Rehab Facilities, Halfway House, Boarding Homes, Asphalt/Concrete Plants, Liquor/Package Stores, Cigars, Tobacco or E-Cigarettes Shops and Vaping Lounges. No Discussion The motion to approve the Zone Change Application No. Zone 16-00016 was approved 5-0. DISCUSSION ITEMS 1. Commissioners Activity Report - NONE P&Z Regular Meeting Minutes November 21, 2016 Page 5 of 6 2. Zoning Update: st 1 Reading 11-14-16 CUP 2016-00007: 5004 Broadway St. - CUP for Church in NS – Approved by City Council CUP 2016-00008: 3200 Main St. - CUP for Grocery Store in M-1 – Denied by City Council 3. Next P&Z Meeting, – December 5, 2016 – Regular P&Z meeting (plats only) ADJOURNMENT P&Z Vice - Chairperson Thomas Duncan adjourned the P&Z Regular meeting at 9:27 p.m. These minutes were respectfully submitted by: ____________________________________ Alma Gonzales, Office Assistant Minutes approved as submitted and/or corrected on this 5thday of December 2016, A.D. ____________________________________ Daniel Tunstall, P & Z Chairperson P&Z Regular Meeting Minutes November 21, 2016 Page 6 of 6