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2016-10-07 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF TRE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, OTOBER 17, 2016 AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS; CITY HALL, 3519 LIBERTY DRIVE, PEAREAND, I ERAS CALL TO ORDER P&Z Chair per sor r Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 7:47 p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&L vice -Chairperson Thomas Duncan P&Z Currrrnissiuner Derrell Isenberg P&Z Commissioner David Selsky P&Z Commissioner Mary Starr P&Z Commissioner Ginger McFadden Also present were Deputy City Attorney Lawrence Pruvins, Community Development Director Cata Frishnarao, Senior Planner Martin Griggs, Associate Planner vince Rustead, Assistant Director of Engineering Richard Mantilla, Associate Engineer Matt Brown and Office Assistant Alma Gonzales. CONSENT AGENDA P&Z Chairperson Daniel Tunstall read the items fur Consideration & Possible Action — Appruval ut Minutes tor October 03, 2016 and Excused Absence ot P&L Commissioner 1 roy Pradia from the October u3, 201b Regular P&Z Meeting — Final Plat of Bakers Landing Section 2A — Preliminary Plat ut Savannah Parkway and Reserves trum Cauiel Reights Drive to Arrowhead Point Cane — Preliminary Plat ot Stewart Heights at Savannah Section 6. P&Z Cummissiuner David Selsky made the motion to recommend approval, P&Z Cummissioner Mary Starr seconded the motion. !he motion passes 6-0. P&Z Chair per sorr Daniel Tunstall read the Cul sideratiun and Possible Action — Final Plat ut CaRCe Park Section 1, Phase 1. P&Z Commissioner Derrell Isenberg made the motion to approve, P&Z Curnmissiuner Mary Starr seconded the motion. NEW BUSINESS CONSIDERATION AND POSSIBLE AC I ION — FINAL NCA 1 OF CARE PARK SECTION 1, PHASE 1 A request of Andrew Allemand, Windrose Land Services, the applicant; on behalf of James P&Z Regular Meeting Minutes October 17, 2016 Page 1 of 7 Juhnsor, r, Cullin Stolle Ltd. / FYCW, Ltd., owl ler; tor approval ut the Final Plat ut Cake Park Subdivision Section 1, Phase 1, creating 2 Tots, on 30.b687 acres of land on the north side of Brookside Road in the 8000 block, described to wit: Legal Description: A subdivision ut 30.6687 aures / 1,335,927 square teet ot land, situated in the W. I . Dobson Survey, Abstract No. 187, City of Pearland, Brazoria County, Texas. General Location: North side of Brookside Road in the 8000 block. Associate Planner Vince Hustead gave a brief presentation with exhibits. Staff recommends approval with the following conditions: The escrow account tor public improvements is required to be tunded prior to Planning and Zoning Commission approval. Deed of Trust needs to be recorded after the final plat is approved. Once the applicant closes on the property, this will Be substituted tor an escrow agreement similar to the one tor off-site public improvements, pursuant to agreement dated March 21, 2016. P&Z Chairperson Daniel Tunstall is for the recommendations but disagrees with the platting pruCess and escrow agreements. The motion passes 6-0. P&Z Chairperson Daniel Tunstall, P&Z Vice-Chairpersurr Thomas Duncan, P&Z Commissioners Mary Starr, Vinger McFadden, David Selsky and Derrell Isenberg voted to approve. P&Z Chairperson Daniel I unstali read the Consideration and Possible Action Final Plat of Lake Park Section 1, Phase 2. P&Z Commissioner David Selsky made the motion to appruve, P&Z Commissioner Mary Starr seconded the motion. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF LAKE PARK SECTION 1, PHASE 2 A request of Andrew Allemand, Wirrdruse Land Services, the applicant; on behalt ot James Johnson, Cullen Stone Ltd. 1 FYCW, Ltd., owner; for approval of the Final Plat of Lake Park Subdivision Section 1, Phase 2, creatiny 2 lots, un 5.0019 acres ut land un the east side ot Cullen Parkway at t3rookside Road, described to wit: Legal Description: A subdivision ut 5.0019 acres / 217,884 square teet ot land, situated in the W. I . Dobson Survey, Abstract No. 187, City of Pearland, Brazoria County, Texas. General Location: East side ot Cullen Parkway at Brookside Road. P&Z Regular Meeting Minutes October 17, 2016 Page 2of7 Associate Planner Vince Flustead gave a 5riet presentation with exhibits. Staff recommends approval with the following conditions: I he escrow account tor public improvements is required to be tunded prior to Planning and Zoning Commission approval. Deed of Trust needs to be recorded after the final plat is approved. Onue the applivant uluses un the property, this will be substituted tui an escrow agreement similar to the one tor ott-site public improvements, pursuant to agreement dated March 21, 2016. No additional discussion than previously noted from the P&Z Commission. he motion passes 6-U. P&Z Chairperson Daniel 1 unstall, P&Z vice -Chairperson 1 Fiomas Duncan, P&Z Commissioners Mary Starr, Ginger McFadden, David Selsky and Derrell Isenberg voted to approve. P&Z Chairperson Daniel Tunstall read the Cunsideratiuri arid Possible Autiun Final Plat ut Lake Park Section :3, Phase 2. P&Z Commissioner David Selsky made the motion to approve, P&Z Commissioner Mary Starr seconded the motion. NEW BUSINESS GUNSIDERA 1 ION AND PUSSIBEI AG 1 ION — FINAL PEA! OF LAKE PARR SEC I ION 1, PHASE 3 A request of Andrew Allemand, Windrose Land Services, the applicant; on behalf of James M. Juhr isun, Pearlar id Cullen Pr uperties, LLG, uwr i r; tur approval ut the Filial Plat ot Cake Park Subdivision Phase 1, Section 3, creating 1 lot on .9999 acres of land located un the east side of Cullen Parkway about 1,000 feet north ut Brookside Road, described tu wit: Legal Desuriptiun: A subdlvisiun ut 0.9999 aures / 43,557 square teet ut land, situated in the W. 1. Dobson Survey, Abstract No. 167, City of Pearland, Brazoria County, 1 exas. General Location: East side ot Cullen Parkway about 1,000 teet north ot Associate Planner Vinue Flustead gave a Bi let presentatiun with exhibits. Staff recommends approval with the following conditions: The escrow account fur public improvements is required to be funded prior to Planning and Zoning Commission approval. Deed ot I rust needs to be recorded atter the final plat is approved. Once the applicant closes on the property, this will be substituted for an esuruw agreement siiiiilar tu the une tui utt-site public improvements, pursuant to agreement dated march 21, 201 b. No additional discussion than previously noted trom the P&Z Commission. P&Z Regular Meeting Minutes October 17, 2016 Page 3of7 The motion passes 6-0. P&Z Chairperson Daniel Tunstall, P&Z Vice -Chairperson Thomas Duncan, P&Z Commissioners Mary Starr, Ginger McFadden, David Selsky and Derrell Isenberg voted to approve. P&Z Chairperson Daniel 1 unstall read the Consideration and Possible Action Final Plat ot Lake Park Section 1, Phase 4. P&Z Commissioner David Selsky made the motion to approve, P&Z Commissioner Mary Starr seconded the motion. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF LAKE PARK SECTION 1, PHASE 4 A request ut Andrew Aller r rand, W indr use Land Services, the applicant; ur r Behalf of James Johnson, Cullen Stone Ltd., owner; tor approval ot the Final Plat ot Cake Park Section 1, Phase 4, creating 1 restricted reserve, un 3.1609 acres of lard un the east side of Cullen Parkway about 1,8UU teet north of t3rookside Road, described to wit: Legal Desuriptiun: a subdivision ut 3.1609 aures / 137,689 square feet of land, situated in the w. 1. Dobson Survey, Abstract No. 187, City ot Pearland, Brazoria County, I exas. General Location: on the east side ot Cullen Parkway about 1,800 teet north ut Brookside Road. Associate Planner vince Rustead gave a briet presentation with exhibits. Statt recommends approval with the following conditions: he escrow account tor public improvements is required to Be tur ided prior to Plar ming and Zoning Commission approval. Deed of Trust needs to be recorded after the final plat is approved. ()nue the applicant closes un the property, this will be substituted for an escrow agreement similar to tFie one tor ott-site public improvements, pursuant to agreement dated March 21, 2016. No additional discussion than previously noted from the P&Z Commission. 1 Fie motion passes 6-0. P&Z Chairperson Daniel 1 unstall, P&L vice -Chairperson I homas Duncan, P&Z Commissioners Mary Starr, Ginger McFadden, David Selsky and Derrell Isenberg voted to approve. P&Z Chairperson Daniel Tunstall read Consideration and Possible Action — Conditional Use Permit Application No. CuP 201 b-UUUU7. P&Z vice -Chairperson I nomas Duncan made the motion to approve, P&Z Commissioner Derrell Isenberg seconded the motion P&Z Regular Meetly ry Minutes October 17, 201b Page 4 of 7 NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT AI'PEICA I IUN NO. CUP tui i-uuuu7 A request ot Leslie K Padilla, tor Sovereign Grace Church ot Pearland, applicant, on Behalf of Pearland Westside II Associates, LP, owner; for approval of a Conditional Use Permit to allow tur a church in the Neighborhood Services (NS) zoning district; on approximately u.ts4b acres of land. Legal Description: A certain 218.00 by 169.00 tract ot land out ot a tract "R" of the West Side Plaza adjoining McLean Road on the East arid Walnut Street (F.101. 518) un the north, said tract containing 0.846 acre, more or Tess. General Location: 5004 Broadway Street, Pearland, TX. No discussion from the P&Z Commission. !He motion passes b -U. P&Z Chairperson Daniel Tunstall, P&Z Vice -Chairperson Thomas Duncan, P&Z Commissioners Mary Starr, Ginger McFadden, David Selsky and Derrell Isenberg voted to approve. P&Z Chairper sur r Daniel I unstall read Consideration and Possible Action — Conditional Use Permit /Application No. CUP 2u1 b-uuuuti. P&Z Vice -Chairperson Thomas Duncan made the motion to approve, P&Z Conrrnissiuner Ginger McFadden seconded the motion. NEW BUSINESS UuNSIDERA I ION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO_ CUP 2016-00008 A request of Jose Urioste, applicant, on behalf of Rafael Ortega, owner; fur approval ut a Conditional Use Permit to allow tor a grocery store and general retail in the Light Industrial (M-1) zoning district; on approximately 1.99294 acres of land. Legal Description: All ot that certain 1.99294 acre tract or parcel of lana in the A.C.H. & B. Survey, Section 1, Abstract No. 147 in Brazuria County, Texas, being a purtiun of the North une-halt ot tract 123 ot the subdivision ot the A.U.H. & B. Survey, Section 1 according to the plat of same recorded in Volume 2, Page 1 of the Plat Records of Brazoria County, Texas, said trait beiny that purtiun ut the nurth une-halt ut Tract 123 lying West ot State Highway No. 35 (a.k.a Main Street) General Location: 3200 block ot Main Street, south ot Swensen Road, on the west side P&Z Regular Meeting Minutes October 17, 2016 Page 5 of 7 of Main Street. I He General Contractor, Jose Urioste, Frick Rd., Houston, TX 77u6e, gave a brief explanation for the- r easor r he was able to make a presentation during the public hearing meeting. P&Z Vice -Chairperson -I homas Duncan had concerns with the site plan not being ready. P&Z Chairperson Daniel Tunstall commented that the said property being proposed was not part of the Bakers Landir rg Development. rent. The motion was opposed 0-6. P&Z Chairperson Daniel Tunstall, P&Z Vice -Chairperson Thurrras Duncan, P&Z Commissioners Mary Starr, Ginger McFadden, David Selsky and Derrell Isenberg were not in favor. P&L Chairperson Daniel I unstall read the Consideration and Possible Action — Zone Change Application Nu. Zone 2016-00013 and informed the P&Z Commission that the applicatiur r has been postponed and no further action would be necessary at this time. P&Z Chairperson Daniel Tunstall read the Disuussiur r !turf's DISCUSSION ITEMS 1. Commissioners Activity Report - NONE 2. Zoning Update: 15t Reading 10-10-16 ZONE 2016-00006: Stunebridge PD amendment - 2nd Reading will be on 10/24/16 ZONE 2016-UUUU7: Flighland Glen PD amendment -2nd Reading will be on1U/24/16 ZONE 2u1 b-uuuut3: Oakbrook PD amendment -2"° Reading will be on 10/24/16 CUP 2016-00003: 8541 Broadway St. - CUP tor Rotel/motel in GB -Opposed on 1st Reading CUP 2016-00005: 2125 Garden Rd. - CUP fur Light manufacturing in G/O-MU — In Favor at the 1st Reading. CUP 2u16-uuuub::i4u1 S. Main St. - CUP for Forklift in GC — In Favor at the 1st Reading UDC 1-22 — Manvel Rd to CUD — In Favor at the 15' Reading UDC T-23 — Lighting, Liquor, and E -Cigarette lounges — Lighting UDC pulled for a separate amendment 3. Next P&Z Meeting, — November 7, 2016 — Regular P&Z meeting (plats only) — All Commissioners will attend. ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 8:07 p.m. P&Z Regular Meeting Minutes Octuber 17, 2016 Page6ot7 1 Hese minutes were respectfully submitted by: Alma Assistai it unza s Uffl Minutes approved as submitted and/or corrected onthis17th day of Uctober 2U1b, A.U. Danieh'unstall, P & Z Uhairperson P&Z Regular Meeting Minutes October 17, 2U16 Page 7 of I