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Home My WebLink About2016-10-17 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, OTOBER 17, 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 7:47 p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice-Chairperson Thomas Duncan P&Z Commissioner Derrell Isenberg P&Z Commissioner David Selsky P&Z Commissioner Mary Starr P&Z Commissioner Ginger McFadden Also present were Deputy City Attorney Lawrence Provins, Community Development Director Lata Krishnarao, Senior Planner Martin Griggs, Associate Planner Vince Hustead, Assistant Director of Engineering Richard Mancilla, Associate Engineer Matt Brown and Office Assistant Alma Gonzales. CONSENT AGENDA P&Z Chairperson Daniel Tunstall read the items for Consideration & Possible Action – Approval of Minutes for October 03, 2016 and Excused Absence of P&Z Commissioner Troy Pradia from the October 03, 2016 Regular P&Z Meeting – Final Plat of Bakers Landing Section 2A – Preliminary Plat of Savannah Parkway and Reserves from Laurel Heights Drive to Arrowhead Point Lane – Preliminary Plat of Stewart Heights at Savannah Section 6. P&Z Commissioner David Selsky made the motion to recommend approval, P&Z Commissioner Mary Starr seconded the motion. The motion passes 6-0. P&Z Chairperson Daniel Tunstall read the Consideration and Possible Action – Final Plat of Lake Park Section 1, Phase 1. P&Z Commissioner Derrell Isenberg 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 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 Johnson, Cullin Stone Ltd. / FYCW, Ltd., owner; for approval of the Final Plat of Lake Park Subdivision Section 1, Phase 1, creating 2 lots, on 30.6687 acres of land on the north side of Brookside Road in the 8000 block, described to wit: Legal Description: A subdivision of 30.6687 acres / 1,335,927 square feet of land, situated in the W.T. 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 for public improvements is required to be funded 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 for an escrow agreement similar to the one for 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 process and escrow agreements. 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 Tunstall read the Consideration and Possible Action Final Plat of Lake Park Section 1, Phase 2. 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 2 A request of Andrew Allemand, Windrose Land Services, the applicant; on behalf of James Johnson, Cullen Stone Ltd. / FYCW, Ltd., owner; for approval of the Final Plat of Lake Park Subdivision Section 1, Phase 2, creating 2 lots, on 5.0019 acres of land on the east side of Cullen Parkway at Brookside Road, described to wit: Legal Description: A subdivision of 5.0019 acres / 217,884 square feet of land, situated in the W.T. Dobson Survey, Abstract No. 187, City of Pearland, Brazoria County, Texas. General Location: East side of Cullen Parkway at Brookside Road. P&Z Regular Meeting Minutes October 17, 2016 Page 2 of 7 Associate Planner Vince Hustead gave a brief presentation with exhibits. Staff recommends approval with the following conditions: The escrow account for public improvements is required to be funded 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 for an escrow agreement similar to the one for off-site public improvements, pursuant to agreement dated March 21, 2016. No additional discussion than previously noted from the P&Z Commission. 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 Tunstall read the Consideration and Possible Action Final Plat of 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 CONSIDERATION AND POSSIBLE ACTION – FINAL PLAT OF LAKE PARK SECTION 1, PHASE 3 A request of Andrew Allemand, Windrose Land Services, the applicant; on behalf of James M. Johnson, Pearland Cullen Properties, LLC, owner; for approval of the Final Plat of Lake Park Subdivision Phase 1, Section 3, creating 1 lot on .9999 acres of land located on the east side of Cullen Parkway about 1,000 feet north of Brookside Road, described to wit: Legal Description: A subdivision of 0.9999 acres / 43,557 square feet of land, situated in the W.T. Dobson Survey, Abstract No. 187, City of Pearland, Brazoria County, Texas. General Location: East side of Cullen Parkway about 1,000 feet north of Associate Planner Vince Hustead gave a brief presentation with exhibits. Staff recommends approval with the following conditions: The escrow account for public improvements is required to be funded 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 for an escrow agreement similar to the one for off-site public improvements, pursuant to agreement dated March 21, 2016. No additional discussion than previously noted from the P&Z Commission. P&Z Regular Meeting Minutes October 17, 2016 Page 3 of 7 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 Tunstall read the Consideration and Possible Action Final Plat of 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 of Andrew Allemand, Windrose Land Services, the applicant; on behalf of James Johnson, Cullen Stone Ltd., owner; for approval of the Final Plat of Lake Park Section 1, Phase 4, creating 1 restricted reserve, on 3.1609 acres of land on the east side of Cullen Parkway about 1,800 feet north of Brookside Road, described to wit: Legal Description: a subdivision of 3.1609 acres / 137,689 square feet of land, situated in the W.T. Dobson Survey, Abstract No. 187, City of Pearland, Brazoria County, Texas. General Location: on the east side of Cullen Parkway about 1,800 feet north of Brookside Road. Associate Planner Vince Hustead gave a brief presentation with exhibits. Staff recommends approval with the following conditions: The escrow account for public improvements is required to be funded 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 for an escrow agreement similar to the one for off-site public improvements, pursuant to agreement dated March 21, 2016. No additional discussion than previously noted from the P&Z Commission. 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 Tunstall read Consideration and Possible Action – Conditional Use Permit Application No. CUP 2016-00007. P&Z Vice-Chairperson Thomas Duncan made the motion to approve, P&Z Commissioner Derrell Isenberg seconded the motion P&Z Regular Meeting Minutes October 17, 2016 Page 4 of 7 NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION – CONDITIONAL USE PERMIT APPLICATION NO. CUP 2016-00007 A request of Leslie K Padilla, for Sovereign Grace Church of Pearland, applicant, on behalf of Pearland Westside II Associates, LP, owner; for approval of a Conditional Use Permit to allow for a church in the Neighborhood Services (NS) zoning district; on approximately 0.846 acres of land. Legal Description: A certain 218.00 by 169.00 tract of land out of a tract "A" of the West Side Plaza adjoining McLean Road on the East and Walnut Street (F.M. 518) on the north, said tract containing 0.846 acre, more or less. General Location: 5004 Broadway Street, Pearland, TX. No discussion from the P&Z Commission. 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 Tunstall read Consideration and Possible Action – Conditional Use Permit Application No. CUP 2016-00008. P&Z Vice-Chairperson Thomas Duncan made the motion to approve, P&Z Commissioner Ginger McFadden seconded the motion. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION – CONDITIONAL USE PERMIT APPLICATION NO. CUP 2016-00008 A request of Jose Urioste, applicant, on behalf of Rafael Ortega, owner; for approval of a Conditional Use Permit to allow for a grocery store and general retail in the Light Industrial (M-1) zoning district; on approximately 1.99294 acres of land. Legal Description: All of that certain 1.99294 acre tract or parcel of land in the A.C.H. & B. Survey, Section 1, Abstract No. 147 in Brazoria County, Texas, being a portion of the North one-half of tract 123 of the subdivision of the A.C.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 tract being that portion of the north one-half of Tract 123 lying West of State Highway No. 35 (a.k.a Main Street) General Location: 3200 block of Main Street, south of Swensen Road, on the west side P&Z Regular Meeting Minutes October 17, 2016 Page 5 of 7 of Main Street. The General Contractor, Jose Urioste, 3239 Frick Rd., Houston, TX 77086, gave a brief explanation for the reason he was able to make a presentation during the public hearing meeting. P&Z Vice-Chairperson Thomas 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 Landing Development. The motion was opposed 0-6. P&Z Chairperson Daniel Tunstall, P&Z Vice-Chairperson Thomas Duncan, P&Z Commissioners Mary Starr, Ginger McFadden, David Selsky and Derrell Isenberg were not in favor. P&Z Chairperson Daniel Tunstall read the Consideration and Possible Action – Zone Change Application No. Zone 2016-00013 and informed the P&Z Commission that the application has been postponed and no further action would be necessary at this time. P&Z Chairperson Daniel Tunstall read the Discussion Items DISCUSSION ITEMS 1. Commissioners Activity Report - NONE 2. Zoning Update: st 1 Reading 10-10-16 nd ZONE 2016-00006: Stonebridge PD amendment - 2 Reading will be on 10/24/16 nd ZONE 2016-00007: Highland Glen PD amendment– 2 Reading will be on10/24/16 nd ZONE 2016-00008: Oakbrook PD amendment-2 Reading will be on 10/24/16 st CUP 2016-00003: 8541 Broadway St. - CUP for Hotel/motel in GB-Opposed on 1 Reading CUP 2016-00005: 2125 Garden Rd. - CUP for Light manufacturing in G/O-MU – In st Favor at the 1 Reading. st CUP 2016-00006: 3401 S. Main St. - CUP for Forklift in GC – In Favor at the 1 Reading st UDC T-22 – Manvel Rd to COD – In Favor at the 1 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 October 17, 2016 Page 6 of 7 These minutes were respectfully submitted by: ____________________________________ Alma Gonzales, Office Assistant Minutes approved as submitted and/or corrected on this 17thday of October 2016, A.D. ____________________________________ Daniel Tunstall, P & Z Chairperson P&Z Regular Meeting Minutes October 17, 2016 Page 7 of 7