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2011-11-21 P&Z Regular Meeting Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD NOVEMBER 21 2011 AT 6:30 P.M., IN THE 2 FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P &Z Acting Chairperson Henry Fuertes called the meeting to order at 7:29 p.m. with the following present: P &Z Commissioner Henry Fuertes P &Z Commissioner Phil Cessac P &Z Commissioner Neil West P &Z Commissioner Sheila Fischer Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Harold Ellis, Planner II Evan DuVail, Assistant City Manager Mike Hodge, Deputy City Attorney Nghiem Doan, and Planning Office Coordinator Judy Krajca. APPROVAL OF MINUTES P &Z Commissioner Phil Cessac made the motion to approve the minutes of the P &Z Regular Meeting of November 7, 2011, and P &Z Commissioner Neil West seconded. The vote was 4 -0. The minutes of the P &Z Regular Meeting of November 7, 2011 were approved. EXCUSE ABSENCE P &Z Commissioner Phil Cessac made the motion to excuse P &Z Commissioner Brandon Shimek's absence from the P &Z Regular Meeting of November 7, 2011, and P &Z Commissioner Sheila Fischer seconded. The vote was 4 -0. P &Z Commissioner Brandon Shimek's absence was excused. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP 2011 -12 A the request of Esteban V. Rodriguez, owner and applicant, for approval of a Conditional Use Permit to allow for the operation of a Minor Auto Repair Facility in the General Business (GB) District, on the following described property, to wit: Legal Description: Plat of survey of a 0.6984 acre tract being a part of lot "A" of Westgate Park a subdivision of 9.575 acres of land out of lots 47 and 48 of the Allison P &Z Minutes 11/21/2011 Page 1 of 5 Richey Gulf Coast Home Company Subdivision of Section 19 of the H. T. & B. Railroad Company survey, Abstract 243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 16, page 320, of the plat records of Brazoria County, Texas General Location: 7900 Block of Broadway, Pearland, TX P &Z Commissioner Neil West made the motion to approve Conditional Use Permit No. CUP 2011 -12, and P &Z Acting Chairperson Henry Fuertes seconded. Senior Planner Harold Ellis read the staff report and stated that City Council had questioned the status of another business owned by Mr. Rodriquez, applicant, and abandonment issues. P &Z Commissioner Neil West stated he would recommend a monument sign be placed at the site instead of the existing billboard. P &Z Acting Chairperson Henry Fuertes recommended a site plan be submitted showing how the bays will be laid out. Much discussion ensued. P &Z Commissioner Phil Cessac made the motion to postpone until a layout of the building was brought in depicting the bays not facing Broadway Street. P &Z Acting Chairperson Henry Fuertes seconded the motion to approve for postponement. The vote was 4 -0. Conditional Use Permit No. CUP 2011 -12 was postponed. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP 2011 -13 A request of R D Homes, applicant, at the request of Piper Precision, Inc., owner, for approval of a Conditional Use Permit to allow for Servant, Guest, Caretakers, or Security Quarters in the Light Industrial (M -1) District, on the following described property, to wit: Legal Description: 8.4406 acres of land, being a part of the H. Stevens Survey, Abstract 594, and the H. T. & B. R.R. CO. Survey No. 28, Abstract 551, Brazoria County, Texas and being all of those certain tracts conveyed to Production Rentals, Inc. as a 2.973 acre tract described in a deed recorded in Volume 1393, Page 133, a 0.469 acre tract described in a deed recorded in Volume 1398, Page 963, and a 5.0 acre tract described in a deed recorded in Volume 1600, Page 900, all in the Brazoria County Deed Records, Brazoria County, Texas General Location: 4155 S. Main Street, Pearland, TX P &Z Minutes 11/21/2011 Page 2 of 5 P &Z Commissioner Neil West made the motion to approve, and P &Z Commissioner Sheila Fischer seconded the motion. P &Z Commissioner Neil West asked the applicant what Piper Precision manufactured. Mr. Tony Gambini, owner stated they made special metals. P &Z Commissioner Phil Cessac expressed concern with possibly a family residing in the house. P &Z Commissioner Sheila Fischer inquired why they did not put in a guard house, instead. Mr. Gambini stated it was due to the cost. Mr. Gambini asked what the Commission wanted them to do, specifically; and went on to say that their past history has been good. Mr. Gambini added that they have been tax abiding citizens since 1988 and the lights from the house with an occupant will deflect crime. Planning Director Lata Krishnarao reminded the Commission that they could put conditions on the CUP, such as having them come back in two years for a review, or make the house smaller, or place a definition of family on the building. P &Z Commissioner Neil West asked if the occupant would be stationary or patrolling the site. Mr. Gambini replied that he would be stationary. Planning Director Lata Krishnarao stated the applicant is planning to enhance the site on Main Street to improve the aesthetic value of the site. P &Z Commissioner Neil West recommended a vote be called to give the applicant their house. P &Z Commissioner Phil Cessac made the motion to approve with the condition that a timeline be placed on the CUP and to ensure the1300 s.f. house is being used as the servant quarters, only. Acting P &Z Chairperson Henry Fuertes recessed the P &Z Regular Meeting at 8:14 p.m. Acting P &Z Chairperson Henry Fuertes reconvened the P &Z Regular Meeting at 8:16 p.m. Much discussion ensued with regards to postponing the decision. P &Z Commissioner Phil Cessac made the motion to postpone the decision until January 16, 2012 allowing the owner to bring in drawings of a smaller building, and a list of stolen goods, and P &Z Commissioner Sheila Fischer seconded. The vote was 4 -0. Conditional Use Permit No. CUP 2011 -13 was postponed. P &Z Minutes 11/21/2011 Page 3 of 5 CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SOUTHERN TRAILS SECTION 11 A request by Pate Engineers, INC., applicant, on behalf of C.L. Ashton Woods, LP, owner for approval of the Final Plat of Southern Trails Section Eleven, generally located approximately 1500 feet south from the southeast corner the intersection of Southern Trails Drive and Kingsley Drive for approximately 23.16 acres, on the following described property, to wit Legal Description: All that certain 23.16 acres of land, out of the 522.62 acre tract described in the deed from Ashton Southern Trails Joint Venture to CL Ashton Woods, LP., recorded under Doc. #2005016204, in the Official Records of Brazoria County, Texas, in the H.T. & B.R.R. Company Survey, Sec. 80, A -564, Brazoria County. Planner II Evan DuVall read the staff report stating there were only two remaining items for this plat and recommended approval with the following conditions: 1. Recordation and Courier fees be paid 2. Provide a 2011 Tax Certificate P &Z Commissioner Phil Cessac made the motion to approve the Final Plat of Southern Trails Section 11, and P &Z Commissioner Sheila Fischer seconded. Acting Chairperson Henry Fuertes inquired if the amenities were in place, and Planner II Evan DuVall replied they were in place. Acting Chairperson Henry Fuertes called for the vote. The vote was 4 -0. Final Plat of Southern Trails Section 11 was approved. DISCUSSION ITEMS There was no Commissioners Activity Report. Planning Office Coordinator Judy Krajca passed out and collected completed P &Z Qualification Questionnaires from the Commissioners present: Fuertes, Fischer, West and Cessac. Acting Chairperson Henry Fuertes stated the next P &Z Meeting would be December 5, 2011, and there would also be a P &Z Workshop on In -City MUD Analysis, presented by the Finance Director Claire Bogard. There will not be a JPH Meeting on December 19, 2011, or on January 2, 2012 (as it is a City observed holiday). ADJOURNMENT P &Z Minutes 11/21/2011 Page 4 of 5 Acting P &Z Chairperson Henry Fuertes adjourned the P &Z Regular Meeting at 8:38 p.m. These minutes are respectfully submitted by: Judy rajca, Planni g ice Coordinator Minutes approved as submitted and /or corrected on this 16th day of January 2012, A.D. / , - i10 1F P &Z Minutes 11/21/2011 Page 5 of 5