PLANNING AND ZONING COMMISSION

Transcription

1 PLANNING AND ZONING COMMISSION CITY OF PEARLAND REGULAR MEETING Monday, October 2, :30 PM PUBLIC SAFETY BUILDING 2555 CULLEN PARKWAY SECOND FLOOR TRAINING ROOM (Please park and enter on south side of Public Safety Building, near the Court side) I. CALL TO ORDER II. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine and require little or no deliberation by the P&Z Commission. These items will be enacted / approved by one motion unless a commissioner requests separate action on an item, in which event the item will be removed from the Consent Agenda and considered by separate action (ix. Matters removed from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation. A. CONSIDERATION & POSSIBLE ACTION APPROVAL OF MINUTES 1. Approve the P&Z Regular Meeting minutes from September 11, B. CONSIDERATION AND POSSIBLE ACTION FINAL PLAT OF CREEK BEND SECTION 1 A request of Jason Price, LJA Engineering, the applicant; on behalf of Randall Wong, Hannover Estates, Ltd, owner; for approval of the Final Plat of Creek Bend Section 1 creating 89 single family lots and 11 reserves on acres of land, described to wit: Legal Description: A subdivision of acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 239, Brazoria County, Texas. General Location: north of Magnolia Street and east of McLean Road. III. NEW BUSINESS: Pearland Planning & Zoning Agenda October 2, 2017 Page 1 of 36

2 A. CONSIDERATION AND POSSIBLE ACTION - VARIANCE FROM MINIMUM LOT WIDTH A request by Gene Giles of Gene Giles Design Group Inc., applicant, on behalf of Jiovani Rodhan, owner; for approval of a Variance Permitted in Section (c) (1) (b), of the Unified Development Code, Ordinance No T, to reduce the minimum lot width from 150 feet to 80 feet for an existing lot zoned General Business, described to wit: Legal Description: Being a tract of land containing acre, more or less, being the east feet of Lot 7, and the west feet of Lot 6 of the Partition of the Mahanay Lands, H.T. & B.R.R. Company Survey, Section 15, Abstract 241, Brazoria County, Texas. General Location: 6834 Broadway Street B. Planning & Zoning Commission Input and Discussion -Regarding Package Liquor Stores A P&Z discussion regarding potential package liquor stores regulations in the City of Pearland. IV. DISSCUSSION ITEMS 1. Commissioners Activity Report 2. Next P&Z Regular Meeting October 16, 2017 V. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at prior to the meeting so that appropriate arrangements can be made. I, Alma Gonzales, Office Assistant of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general public at the City Hall Annex on the 28th day of September 2017, A.D., at 5:30 p.m. Alma Gonzales, Office Assistant Agenda removed day of October, This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at prior to the meeting so that appropriate arrangements can be made. Pearland Planning & Zoning Agenda October 2, 2017 Page 2 of 36

3 All agenda supporting documents are Pearland Planning & Zoning Agenda October 2, 2017 Page 3 of 36

4 Agenda Item #II.A. MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, SEPTEMBER 11, 2017, AT 6:30 P.M., HELD IN THE PUBLIC SAFETY BUILDING 2555 CULLEN PARKWAY SECOND FLOOR TRAINING ROOM. CALL TO ORDER P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 9:24 p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice-Chairperson Thomas Duncan P&Z Commissioner Mary Starr P&Z Commissioner Darrell Isenberg P&Z Commissioner David Selsky Also present were Deputy City Attorney Lawrence Provins, City Planner Jimontanae McBride, Senior Planner Martin Griggs, Associate Planner Vince Hustead, Planner Armon Irones, Associate Engineer Matt Brown and Office Assistant Alma Gonzales. CONSENT AGENDA P&Z Chairperson Daniel Tunstall read into the record the items on the consent agenda. P&Z Commissioner David Selsky made a motion to approve, P&Z Vice-Chairperson Thomas Duncan seconded the motion. The motion passes by a vote of 5-0. CONSIDERATION & POSSIBLE ACTION APPROVAL OF MINUTES 1. Approve the P&Z Regular Meeting minutes from July 17, Approve the P&Z Regular Meeting minutes from September 7, CONSIDERATION AND POSSIBLE ACTION FINAL PLAT OF LAKE PARK PHASE 1, SECTION 3 A request of Andrew Allemand, Windrose Land Services, the applicant; on behalf of Robert E. Giles, 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 acres / 43,557 square feet of land, situated in the W.T. Dobson Survey, Abstract No. 187, City of Pearland, Brazoria County, Texas. P&Z Regular Meeting Minutes September 11, 2017 Page 1 of 10 Page 4 of 36

5 Agenda Item #II.A. General Location: East side of Cullen Parkway about 1,000 feet north of Brookside Road. CONSIDERATION AND POSSIBLE ACTION PRELIMINARY PLAT OF MIRROR LAKE A request of Jason Price, LJA Engineering, the applicant; on behalf of W.B. Pearland, LLC., owner; for approval of the Preliminary Plat of Mirror Lake creating 92 town home lots and 11 reserves on acres of land, described to wit: Legal Description: A subdivision of acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 242, City of Pearland, Brazoria County, Texas. General Location: North of Fite Road west of FM CONSIDERATION AND POSSIBLE ACTION FINAL PLAT OF SOUTHLAKE SECTION 12 A request of Rene Rodriguez, LJA Engineering, the applicant; on behalf of 518SCR Ltd, owner for approval of the Final Plat of Southlake Section 12, creating 65 residential lots and 6 reserves located on acres of land, described to wit: Legal Description: A subdivision of acres of land situated in the H.T. & B.R.R. Company Survey, Section 84, Abstract 538, City of Pearland, Brazoria County, Texas. General Location: South side of the Southlake Boulevard and Spicewood Lane intersection. NEW BUSINESS P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and Possible Action Variance from Minimum Lot Width and Area to Allow Platting of a Lot. P&Z Vice-Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION VARIANCE FROM MINIMUM LOT WIDTH AND AREA TO ALLOW PLATTING OF A LOT. A request by Todd Slaton of True Meridian PLLC, applicant, on behalf of Hardie Barr, owner; for approval of a Variance Permitted in Section (c) (1) (a) and (b), of the Unified Development Code, Ordinance No T, to reduce the minimum lot width from 150 feet to a varied range of to 80 feet and the minimum lot size from 22,500 square feet to 11,888 square feet for an existing lot zoned General Business, described to wit: P&Z Regular Meeting Minutes September 11, 2017 Page 2 of 10 Page 5 of 36

6 Agenda Item #II.A. Legal Description: Being a acre tract in Lot 1, Block 4 of Air Port Sites Subdivision, out of the H.T. & B.R.R. Company Survey, Abstract 239, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 5, Page 56 of the Plat Records of Brazoria County, Texas. General Location: 3900 Block of 3rd Street Planner Armon Irones gave a brief presentation with exhibits and informed that Staff does recommend approval of the requested variance to reduce the minimum lot width and area per the requirement of Section (c) (1) (a) and (b) which requires the approval of the Planning and Zoning Commission to reduce the minimum lot width from 150 feet to feet and to reduce the minimum lot area from 22,500 square feet to 11,888 square feet for the proposed lot for the following reasons: 1. The subject property is currently zoned General Business 2. The subject property was originally intended to be used as single family residential, however; the Future Land Use Plan 2015 shows the area as Light Industrial. Currently there are a variety of different land uses along 3rd Street. 3. The property to the north and east of the subject property is zoned General Business. There are railroad tracks bordering along the west property line and Mary s Creek is located to the south and it is zoned Light Industrial. P&Z Vice-Chairperson Thomas Duncan asked Staff for clarification on the purpose of the request. Mr. Irones informed it was only for the variance to plat their property. Motion passes 5-0 P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and Possible Action Conditional Use Permit Application No. CUP P&Z Commissioner Mary Starr made a motion to approve, P&Z Commissioner David Selsky seconded the motion. CONSIDERATION & POSSIBLE ACTION Conditional Use Permit Application No. CUP A request of Kerry R. Gilbert & Associates represented by Jennifer Curtis, applicant, on behalf of Global XYZ Development LLC represented by Archana Thota, owner; for approval of an amendment to the site plan for Ordinance Number CUP in the Business Park-288 (BP-288) zoning district; on approximately acres of land. Legal Description: Being a acre tract of land located in the H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County, Texas; said acre tract being all of Lot 2 and Lot 3, Block 1 of Minor Plat of Medical Resort at Pearland, a subdivision plat recorded in Clerk s File Number of the Brazoria County Plat Records P&Z Regular Meeting Minutes September 11, 2017 Page 3 of 10 Page 6 of 36

7 Agenda Item #II.A. (B.C.P.R). General Location: Approximately 1,600 feet north of County Road 59 on the west side of Business Center Drive, Pearland, Texas. Senior Planner Martin Griggs presented the Staff report and exhibits and informed that Staff approval of the requested amendment to the site plan for Ordinance Number CUP on the approximately acre site for the following reasons: 1. The proposed amendment to CUP at the specified location is consistent with the policies embodied in the 288 Gateway category of the Comprehensive Plan. 2. The proposed amendment to CUP is consistent with the general purpose and intent of the BP-288zoning district. 3. The proposed amendment to CUP is compatible with and preserves the character and integrity of adjacent developments and neighborhoods. The site plan generally adheres to the UDC requirements. The remaining concerns from the DRC are discussed in the additional comments section regarding landscaping, pedestrian access, and utility easements required by the UDC which can be addressed prior to the first hearing of the ordinance. 4. The proposed amendment to CUP does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. All traffic generated by future development will take place on Business Center Drive which is sufficient to handle all anticipated traffic and is currently equipped with pedestrian sidewalks to reduce potential hazards. 5. The proposed amendment to CUP has access to Business Center Drive in conformance with the driveway regulations. Efforts have been made to reduce access point by sharing drive access with the Costco Development to the south which restricts traffic conflict points. 6. The proposed amendment to CUP incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties. 7. The proposed amendment to CUP currently meets all of the standards for the BP-288 zoning district. P&Z Vice-Chairperson asked Staff if the UDC changes go into effect concerning CUPs, will the site plan be allowed more flexibility and the new rules be applied to this proposal. Deputy City Attorney Lawrence Provins explained the current UDC requirements allows a CUP to be adopted as an ordinance whereas the future rules will not be an ordinance but a true permit and a permit cannot override an ordinance that s already in place. Motion passes 5-0 P&Z Regular Meeting Minutes September 11, 2017 Page 4 of 10 Page 7 of 36

8 Agenda Item #II.A. P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and Possible Action Conditional Use Permit Application No. CUP P&Z Vice- Chairperson Thomas Duncan made a motion, P&Z Commissioner David Selsky seconded the motion. CONSIDERATION AND POSSIBLE ACTION - Conditional Use Permit Application No. CUP A request of Gilbert Mandke PLLC, applicant, on behalf of AVK Properties, LLC represented by Kannimel O. Mathew, owner; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning district; on approximately acres of land. Legal Description: Being Tract B a acre (136,394 sq. ft.) out of a acre (600,300 sq. ft.) tract of land, that same called acre tract conveyed by to Leslie Gordon Liere, recorded in Clerk s File Number (C.F. No.) Brazoria County Deed Records (B.C.D.R.), to Richard Douglas Liere in C.F. No and to Beatrice Theriot, Virgie Hawk, and Hattie Mae Wood in cause No Brazoria County Probate Records, said tract being all of Lot 60 of the Allison Richey Gulf Coast Home Co., Section 85 a subdivision of record in Volume 2, Page 107 of the Brazoria County Plat Records, located in the H.T. & B. R.R. CO. survey, Abstract 304, Brazoria County, Texas. General Location: 9603 Broadway St., Pearland, TX. P&Z Commissioner Derrell Isenberg made a comment for the record to present to Council that he will not vote yes for another liquor store until he gets better clarity and information or criteria from the planned workshop with Staff. Mr. Isenberg feels there are too many liquor stores being proposed. P&Z Chairperson Daniel Tunstall commented for the record that not enough details were presented other than an application and did not feel it s the best fit for the property without having more details presented to the Commission. The motion passes 3-2. P&Z Chairperson Daniel Tunstall and P&Z Commissioner Derrell Isenberg were opposed to the proposal. P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and Possible Action Conditional Use Permit Application No. CUP P&Z Vice- Chairperson Thomas Duncan made a motion to include Staff s landscaping recommendations, P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION - Conditional Use Permit Application No. CUP A request of Pogie USA, LLC., applicant and owner, represented by Bruce Honore; for approval of a Conditional Use Permit (CUP) to allow for a Truck (Heavy) and Bus Rental or P&Z Regular Meeting Minutes September 11, 2017 Page 5 of 10 Page 8 of 36

9 Agenda Item #II.A. Sales use in the General Commercial (GC) zoning district; on approximately acres of land. Legal Description: A acre tract of land out of Lot 46 of the Allison Richey Gulf Coast Home Company s subdivision of Section 8, H.T&B.R.R. CO. Survey also called the F.B. Drake Survey, Abstract 504, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 24, of the Plat Records of Brazoria County, Texas. General Location: 6601 Broadway Street, Pearland, TX P&Z Chairperson Daniel Tunstall made a comment that he was torn with what is done with CUP s and the impact on properties. Mr. Tunstall would like to see a sketch of what s going to be on the property and his vote will be on the business and what the business will look like and what items maybe an issue. Mr. Tunstall asked for clarity on adding the site plan as a condition for approval. Mr. Duncan asked if currently the UDC requires a site plan, Mr. Provins explained that there may be some compliance issues with the UDC that require revisions in the site plan that aren t currently contained in that site plan now and to allow those changes the applicant would have to come back for an amendment to the site plan. Mr. Duncan asked what would be the process to separate the site plan from the approval process. A discussion ensued if a new site plan should be required to approve. City Planner Jai McBride explained that conditions could be made prior to the first reading to add any concerns. Mr. Tunstall added the issue that he has is the parking spaces for the larger trucks appear to be the same size that they are now. Mr. Duncan recommended to Staff to request an auto turn analyst to make sure the large trucks can move. Senior Planner Martin Griggs asked Commissioners if both items, the larger truck spaces and auto turn analysis were going to be added as recommendations. Mr. Tunstall explained that it s hard to render judgement with no dimensions on the drawing. P&Z Commissioner David Selsky made a proposal that the Commission should determine if this is a suitable location for this type of business and trust the UDC as accommodations that its buildout the way it needs to be buildout. The motion to approve with additional landscaping requirements passes 4-1. P&Z Chairperson Daniel Tunstall was opposed due to the site plan that was provided did not give enough information to accurately rule on the approval. P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and Possible Action Conditional Use Permit Application No. CUP P&Z Vice- Chairperson Thomas Duncan made a motion to approve with the condition of removing the required buffer on the south side of the property. P&Z Commissioner Derrell Isenberg seconded the motion. Deputy City Attorney Lawrence Provins intervened on the motion to explain to the Commission that the UDC specifically states that buffers are ZBA issues and a CUP cannot remove something that has to be considered by the ZBA. P&Z Vice- Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner Derrell Isenberg seconded the motion. P&Z Regular Meeting Minutes September 11, 2017 Page 6 of 10 Page 9 of 36

10 Agenda Item #II.A. CONSIDERATION AND POSSIBLE ACTION - Conditional Use Permit Application No. CUP A request of Rekha Engineering represented by Robert A. Marlowe, applicant, on behalf of R West Development Company; owner, for approval of a Conditional Use Permit (CUP) to allow for a Church building to be located in Single Family Residential-2 () zoning district; on approximately 2.08 acres of land. Legal Description: Being 2.08 acres of land, more or less, being a part of Lot 17 of the L.W. Murdock Subdivision of the A.C.H. & B. Survey, Section 2, Abstract 507, Brazoria County, Texas, and being a part of certain called acre tract described in a deed from Elizabeth Alexander Nisbett to R. West Development Co., Inc., dated August 30, 1999 and recorded under Clerk s File No , Official Public Records, Brazoria County, Texas (as a proposed plat). General Location: Southside of Pearland Parkway across from Oak Ridge Drive, Pearland, TX. P&Z Chairperson Daniel Tunstall made a statement for the record that the Commission could not act on removing the required buffer due to buffers being a ZBA issue and a CUP cannot remove something that has to be considered by a ZBA. Mr. Provins read the provisions from subparagraph C in the CUP section for clarification. Planner Armon Irones notified the Commission that this particular variance would be going before the ZBA board on September 21, Motion passes 5-0 P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and Possible Action Zone Change Application No. Zone P&Z Commissioner Derrell Isenberg made a motion to approve, P&Z Commissioner Mary Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION - Zone Change Application No. ZONE A request of George Gartner, applicant, on behalf of Julia Faye Ross, owner; for approval of a change in zoning from a Suburban Residential-12 (SR-12) to a General Commercial (GC) zoning district; on approximately acres of land. Legal Description: Being a acre tract in the H.T. & B.R.R. Co. Survey, Section 9, Abstract No. 234 in Brazoria County, Texas. Said acre tract is part of Lot 27 of the Allison-Richey Gulf Coast Home Company s Part of Suburban Gardens Subdivision as recorded in Volume 2, Page 23 in the Brazoria County Plat Records. General Location: 2409 and 2421 Max Road, Pearland, TX P&Z Regular Meeting Minutes September 11, 2017 Page 7 of 10 Page 10 of 36

11 Agenda Item #II.A. P&Z Chairperson Daniel Tunstall made a comment that for this area the Commission has to look at it closely and make common sense moves as to how the Commission got to where they are and it s important to make good judgement calls. Motion passes 5-0 P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and Possible Action Zone Change Application No. Zone P&Z Commissioner David Selsky made a motion to approve, P&Z Vice-Chairperson seconded the motion. CONSIDERATION AND POSSIBLE ACTION - Zone Change Application No. ZONE A request of Amanda R. Bennett, applicant/owner, for approval of a change in zoning from a Single-Family Residential (R-1) to a General Commercial (GC) zoning district; on approximately 1.98 acres of land. Legal Description: Being the east feet of Lot 2 in Block 5 of Herridge Miller Subdivision of 102 acres of land in Section 5, H.T. & B. R.R. Company Survey, Abstract 237, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 734, Page 237 of the Map Records of Brazoria County, Texas. General Location: 6518 Rice Road, Pearland, TX. P&Z Chairperson Daniel Tunstall commented on the zoning situation being unique for this large property with R1 and GC. Mr. Tunstall clarified that the request is not for a whole zone change but to cut a GC strip out of the R1 strip to allow access. Mr. Tunstall looked at this situation as spot zoning, and mentioned spot zoning is not allowed for this property. Mr. Tunstall personally felt that the Commission should vote on this however each one thinks, basically voting on a flag zone, and let the Council give their opinion and rule on it. If it split, then it could be sent to Council as a split decision. Mr. Tunstall asked legal what other option was there to get access. Deputy City Attorney Lawrence Provins explained driveway separation requirements. Associate Engineer Matt Brown explained the requirements for Rice Rd. would be 75 feet from edge to edge for residential, but because they are wanting to allow access for the business it would be considered commercial and have different separation requirements. Mr. Tunstall asked if the separation was there, would there be a means to get a driveway to go to their commercial property across the residential. Mr. Provins explained it would have to be turned to the planning requirements for commercial zoned property. A discussion on access on a commercial zoned property through a residential zoned property ensued. Mr. Tunstall shared an idea for voting on this proposal to vote yes or no on creating a GC flag lot or flag zone. Mr. Tunstall informed that his vote would be yes on this but his only problem he had with it was not being able to add any conditions on a zone change. Senior Planner Martin Griggs reminded the Commission that there would be landscape buffer requirements for both residential properties. P&Z Commissioner Mary Starr made a comment that most of the people that were against this P&Z Regular Meeting Minutes September 11, 2017 Page 8 of 10 Page 11 of 36

12 Agenda Item #II.A. change were thinking it was a zone change for the whole property and not realizing it was just for a driveway. P&Z Chairperson Daniel Tunstall asked the audience if they were wanting to speak further now that they were able to hear what exactly was being proposed. Mary H. Perez, 1618 Hatfield Rd., Pearland TX 77581, spoke her concerns if it was zoned commercial. Mr. Tunstall explained to the audience what the proposal was for. Ms. Starr made a commented on someone not being able to build a driveway on your own property for access to the back of your own property. Commission asked what would be allowed to build on the back of a residential property. Mr. Provins and Mr. Griggs explained the limitation of the size of building in relationship to proportion for a single family residential dwelling and accessory residential structures to add on a property. P&Z Commissioner Derrell Isenberg made a comment that once you vote for the change, that zone change will be there forever and the property can be used in the future however they see fit. Applicant Amanda Bennett, 6518 Rice Rd., Pearland TX 77581, spoke in regards to their intentions and plans for the re-zone. Mr. Isenberg did not feel this was a zone change for the property. P&Z Commissioner David Selsky made a comment on voting to accommodate. Mr. Duncan would like to make it happen but suggests to applicant on getting a site Engineer for a more create plan. Ms. Starr comments that the Commission needs to give them access to the applicant s property because she felt that a driveway could not hurt the neighborhood. Mr. Selsky added that we want to do this, so just vote on it. Joe Bennett, Kirkwren Dr., Houston TX 77089, asked the Commission what would keep them from applying for a temporary commercial driveway area to residential for access. P&Z Commission answered there was not allowable. Motion passes 4-1. P&Z Commissioner Derrell Isenberg was opposed to the proposal. P&Z Chairperson Daniel Tunstall commented on his reason for voting yes was because he doesn t think its right for the City to put zoning on top of a property that will split it. DISCUSSION ITEMS 1. Commissioners Activity Report Commission made comments on the better working City s detention & drainage system after Hurricane Harvey. 2. Next P&Z Regular Meeting October 2, P&Z Commissioner Derrell Isenberg will be absent for the next couple of meetings. City Planner Jai McBride informed that applications are being received for the open P&Z Commissioner position and interviews would be scheduled in the near future. Deputy City Attorney added that until budget has been passed they probably will not be meeting for executive session for appointments. ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 10:25 pm P&Z Regular Meeting Minutes September 11, 2017 Page 9 of 10 Page 12 of 36

13 Agenda Item #II.A. These minutes were respectfully submitted by: Alma Gonzales, Office Assistant Minutes approved as submitted and/or corrected on this 11th day of September 2017, A.D. Daniel Tunstall, P & Z Chairperson P&Z Regular Meeting Minutes September 11, 2017 Page 10 of 10 Page 13 of 36

14 Agenda Item #II.B. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE PZ Staff Report City of Pearland TO: Planning and Zoning Commission FROM: Planning and Community Development MEETING: Planning & Zoning - 02 Oct 2017 RE: CONSIDERATION AND POSSIBLE ACTION FINAL PLAT OF CREEK BEND SECTION 1 A request of Jason Price, LJA Engineering, the applicant; on behalf of Randall Wong, Hannover Estates, Ltd, owner; for approval of the Final Plat of Creek Bend Section 1 creating 89 single family lots and 11 reserves on acres of land, described to wit: Legal Description: A subdivision of acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 239, Brazoria County, Texas. General Location: north of Magnolia Street and east of McLean Road. EXHIBITS: Aerial Map, Creek Bend Sec 1 Zoning Map, Creek Bend Sec 1 FLUP Creek Bend Sec 1 Final Plat of Creek Bend Sec 1 SUMMARY On behalf Randall Wong of Hannover Estates, Ltd., owner, Jason Price of LJA Engineering has submitted a request for approval of the Final Plat of Creek Bend Section 1, creating 89 single family lots and 11 reserves on acres of land located north of Magnolia Street and east of McLean Road. Page 1 of 10 Page 14 of 36

15 Agenda Item #II.B. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE The Single Family lots are generally designed to be at least 70 feet wide and 120 feet deep. The northern portion of the plat (Tract 1) will be accessed from Veterans Drive while the southern portion (Tract 2) will be accessed from McLean Road and Magnolia Street. STAFF RECOMMENDATION Staff recommends approval of the Final Plat of Creek Bend for the following reasons: 1. The Final Plat conforms to the final plat requirements of the UDC. 2. The Final Plat is consistent with the approved Preliminary Plat. 3. The Final Plat will provide land to develop infill housing and new single-family residential development, pursuant to the Comprehensive Plan. 4. The Final Plat will facilitate the widening of Veterans Drive pursuant to the Thoroughfare Plan. Agreements and Documents Needed item Development Agreement Completion Status Approved at 9/25/17 Council Meeting Parkland Dedication Covered by Development Agreement SIA Status Application Item SIA Application Cost Breakdown Application Fee SIA Agreement Permitting Status Item Master Plat Preliminary Plat Final Plat Permits Status Submitted Submitted Paid Submitted Status N/A the property is not included in a Planned Development Approved Under consideration Required CONFORMANCE WITH THE COMPREHENSIVE PLAN Page 2 of 10 Page 15 of 36

16 Agenda Item #II.B. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE The Future Land Use Plan 2015 shows the plat area and surrounding property as Medium Density Residential. The proposed size of the lots will generally be between the lot areas recommended for Medium Density Residential and Low Density Residential development. SURROUNDING ZONING AND LAND Zoning Land Use North Single Family Centennial Park South TH Town Home and Single Family Mobile homes and single family East M-1 light Industrial Developing industrial West R-1 Single Family Large lot single family development CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC) The land is zoned Single Family. Under the UDC, lots are required to be not less than 7,000 square feet in area, 70 feet in width and 90 feet in depth. The proposed lots are generally 70 feet wide by 120 feet deep, equating to an area of 8,400 square feet. The lots are therefore compliant with the UDC. CONFORMANCE WITH THE THOROUGHFARE PLAN Under the Thoroughfare Plan: Magnolia Street is a Secondary Thoroughfare of Sufficient Width. Veterans Drive is a Secondary Thoroughfare to be Widened the required widening is shown on the Final Plat. McLean Road is a Major Collector Street to be Widened no land for the widening is required from this plat. All of the streets shown on the Final Plat are 50 foot wide local streets intended to for internal traffic circulation to serve the residents of the subdivision. No streets are designed or intended for through traffic. The proposed 50 foot wide streets conform to the width required by the Thoroughfare Plan for local streets. UTILITIES AND INFRASTRUCTURE This Plat is located wholly within the Municipal Utility District No. 23. DRAINAGE The Final Plat will create two (2) reserves with a drainage function. PARKS, OPEN SPACE, AND TREES The Final Plat will create ten (10) reserves for landscape and/or open space. Page 3 of 10 Page 16 of 36

17 Agenda Item #II.B. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE IMPACT ON EXISTING AND FUTURE DEVELOPMENT The Final Plat will allow infill housing between the Apollo Mobile Home Park and Centennial Park, and residential development along the north side of Magnolia Street between the Apollo Mobile Home Park and McLean Road. ADDITONAL COMMENTS This request has been reviewed by the City s Development Review Committee and there were no additional comments. Page 4 of 10 Page 17 of 36

18 VISTA LN VEVA DR MAGNOLIA ESTATES BLVD FITE RD JOLIE DR MCLEAN RD North Site Aerial Map VETERANS DR Final Plat of Creek Bend Section 1 South Site Page 18 of 36 Page 5 of 10 MAGNOLIA RD NORMA LN CORNERSTONE ST FOX RUN ST STONEBRIDGE DR This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 inch = 573 feet DECEMBER 2016 PLANNING DEPARTMENT Agenda Item #II.B.

19 !!!!!!!!!!!!!!!!!!!!!!!!!! TRINITY DR!!!!!!!!!!!!!!!!!!!!! CAMPBELL DR!!!!!!!!!!!! R-4 R-4 PUD PUD PUD R-4 PUD TWIN LAKES TRL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! FITE RD!!!!!!! BRETT DR R-4 PLAYA DR R-4 R-4 VISTA LN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! M-1!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! R-4 PUD M-1 R-1 R-1 RYAN ACRES DR MCLEAN RD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! South Site!!!!!!!!!!!!!!!! North Site TH M-1 M-1 Zoning Map Final Plat of Creek Bend Section 1 Page 19 of 36 Page 6 of 10 MAGNOLIA RD!!!!!!!!!!!!!!! R-1 R-1 R-1 R-1 R-1 GB!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! R-1!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! NORMA LN CHAPEREL DR! VETERANS DR GC GC PINE MILL CT OLD HOLLY DR PUD This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 inch = 764 feet DECEMBER 2016 PLANNING DEPARTMENT Agenda Item #II.B.

20 CEDAR HILL DR VEVA DR LINDA DR FITE RD BRETT DR CHESTER DR PLAYA DR VISTA LN CHRISSIE DR Park Detention JOLIE DR MCLEAN RD Open Space North Site Future Land Use Plan 2015 RYAN ACRES DR Light Industrial Final Plat of Creek Bend Section 1 South Site Low Density Residential MAGNOLIA RD Minor Retail Node Medium Density Residential VETERANS DR This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Page 20 of 36 Page 7 of 10 Public / Semi-Public TEAL GLEN ST 1 inch = 636 feet DECEMBER 2016 PLANNING DEPARTMENT Agenda Item #II.B.

21 N VICINITY MAP FINAL PLAT OF CREEK BEND SECTION 1 GEHAN HOMES, LTD. A TEXAS LIMITED PARTNERSHIP BY: GEHAN HOMES I, INC., A TEXAS CORPORATION ITS GENERAL PARTNER Page 8 of 10 LJA Engineering, Inc Briarpark Drive Phone Suite 600 Fax Houston, Texas FRN - F-1386 T.B.P.L.S. Firm No Agenda Item #II.B. Page 21 of 36

22 N N VICINITY MAP FINAL PLAT OF CREEK BEND SECTION 1 GEHAN HOMES, LTD. A TEXAS LIMITED PARTNERSHIP BY: GEHAN HOMES I, INC., A TEXAS CORPORATION ITS GENERAL PARTNER Page 9 of 10 LJA Engineering, Inc Briarpark Drive Phone Suite 600 Fax Houston, Texas FRN - F-1386 T.B.P.L.S. Firm No Agenda Item #II.B. Page 22 of 36

23 N N INSET "A" VICINITY MAP FINAL PLAT OF CREEK BEND SECTION 1 GEHAN HOMES, LTD. A TEXAS LIMITED PARTNERSHIP BY: GEHAN HOMES I, INC., A TEXAS CORPORATION ITS GENERAL PARTNER Page 10 of 10 LJA Engineering, Inc Briarpark Drive Phone Suite 600 Fax Houston, Texas FRN - F-1386 T.B.P.L.S. Firm No Agenda Item #II.B. Page 23 of 36

24 Agenda Item #III.A. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE PZ Staff Report City of Pearland TO: Planning & Zoning Commission FROM: Planning and Community Development MEETING: Planning & Zoning - 02 Oct 2017 RE: CONSIDERATION AND POSSIBLE ACTION - VARIANCE FROM MINIMUM LOT WIDTH Planning & Zoning Variance Request-VARP A request by Gene Giles of Gene Giles Design Group Inc., applicant, on behalf of Jiovani Rodhan, owner; for approval of a Variance Permitted in Section (c) (1) (b), of the Unified Development Code, Ordinance No T, to reduce the minimum lot width from 150 feet to 80 feet for an existing lot zoned General Business, described to wit: Legal Description Being a tract of land containing acre, more or less, being the east feet of Lot 7, and the west feet of Lot 6 of the Partition of the Mahanay Lands, H.T. & B.R.R. Company Survey, Section 15, Abstract 241, Brazoria County, Texas. General Location 6834 Broadway Street EXHIBITS: Aerial Map, VARP Zoning Map, VARP FLUP Map, VARP Lot Layout, VARP SUMMARY SUMMARY Page 1 of 8 Page 24 of 36

25 Agenda Item #III.A. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE Gene Giles of Gene Giles Design Group Inc., applicant, on behalf of Jiovani Rodhan, owner; has submitted a request for approval of a variance permitted in Section (c) (1) (b), of the United Development Code, Ordinance No T, to allow an existing lot to be platted through the Development Plat process on approximately acres located at 6834 Broadway Street. The applicant wishes to submit an application for a Development Plat to build a minor auto repair shop. The subject property was annexed into the City in 1995 and has a unique shape. It is surrounded by undeveloped land on both sides and newly constructed single-family residential in the rear. The applicant is requesting a variance from the minimum lot width of 150 feet required in the General Business (GB) zoning district. The total lot area is acres and it has a width of 80 feet. The subject property has a depth that is approximately 753 feet. The applicant is requesting a variance of 80 for the minimum lot width which is 70 feet less than the minimum lot width of 150 feet required by the GB zoning district. The lot width is the only variance request being requested by the applicant. The subject property is along Broadway Street east of the intersection of Broadway and Manvel Road. It is zoned General Business in an area surrounded by GB and GC to the north, R-1 to the south, GC to the east, GB to the west, and R-1 to the southwest. The area is shown as Business Commercial on the Future Land Use Plan Without this variance, the subject property will be undevelopable. SITE HISTORY PLATTING STATUS The subject property is in the Mahanay Tract subdivision, which is an unrecorded plat. The property will required a development plat prior to building permits being issued. The Development Plat process will allow the lot to be platted under the current Unified Development Code process as a city recognized plat. The applicant wishes to build an auto repair shop for routine automotive maintenance. STAFF RECOMMENDATION STAFF RECOMMENDATION Staff recommends approval of the requested variance to reduce the minimum lot width and area per the requirement of Section (c) (1) (b) which requires the approval of the Planning and Zoning Commission to reduce the minimum lot width from 150 feet to 80 feet for the proposed lot for the following reasons: 1.The subject property is currently zoned General Business. Page 2 of 8 Page 25 of 36

26 Agenda Item #III.A. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 2.The subject property was annexed into the City in 1995 and the Future Land Use Plan 2015 shows the area as Business Commercial, therefore the proposed land use is a good fit for the location. Currently there are a variety of different land uses along Broadway Street. 3.The only entrance will be along Broadway Street and there will be a landscape buffer between the residential development and the subject property. CONFORMANCE WITH THE COMPREHENSIVE PLAN CONFORMANCE WITH THE FUTURE LAND USE PLAN 2015 COMPREHENSIVE PLAN The applicant s property and all of the neighboring properties are shown as Business Commercial. The proposed use will be in conformance with the surrounding mixed use of properties. SURROUNDING ZONING AND LAND SURROUNDING ZONING AND LAND USES The property under review is zoned GB General Business Retail District. Table 2 Zoning Land Use North GC General Commercial District Dance Studio South R-1 Single-Family Single-Family Residential Residential East GC General Commercial District Undeveloped West GB General Business Undeveloped Retail District and R-1 Single-Family Residential CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC) CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC) The proposed lot will meet all of the minimum dimensions of the GB General Business Retail District except for the lot width. CONFORMANCE WITH THE THOROUGHFARE PLAN CONFORMANCE WITH THE THOROUGHFARE PLAN Page 3 of 8 Page 26 of 36

27 Agenda Item #III.A. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE Broadway Street is a major thoroughfare and according to the City s Thoroughfare Plan, this section of Broadway has 120 feet of right-of-way. There are potentially plans to widen it in the future to 150 feet. IMPACT ON EXISTING AND FUTURE DEVELOPMENT IMPACT ON EXISTING AND FUTURE DEVELOPMENT Approval of this variance will allow the subject property to be developed along Broadway Street for a minor auto repair shop to be built. The only ingress/egress will be along Broadway Street and a landscaping buffer will be required along the west and rear property lines and possibly fencing as a separation from the singlefamily residential. Page 4 of 8 Page 27 of 36

28 2537 ROY RD Exhibit AERIAL MAP 2610 VARP Broadway Street PIPER RD BROADWAY ST AFTON DR Site MORENCI ST KATELYN DR This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Page 28 of 36 Page 5 of inch = 387 feet JUNE 2017 PLANNING DEPARTMENT Agenda Item #III.A.

29 GC ROY RD GC Exhibit G/O-MU 2614 OP 2606 ZONING MAP 2610 VARP GB OP GB GB 7033 R R-1 GC BROADWAY ST PIPER RD GB 2641 GB GC R-1 AFTON DR 6828 GB Site MASON CT R GC GB GC GB GB GC MORENCI ST GC R-1 GB Broadway Street This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Page 29 of 36 Page 6 of 8 NS inch = 387 feet JUNE 2017 PLANNING DEPARTMENT Agenda Item #III.A.

30 2537 ROY RD Exhibit Garden/O'Day Mixed Use Dist FLUP MAP VARP Broadway Street PIPER RD Business Commercial BROADWAY ST AFTON DR Site MORENCI ST Low Density Residential This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Page 30 of 36 Page 7 of inch = 387 feet JUNE 2017 PLANNING DEPARTMENT Agenda Item #III.A.

31 Agenda Item #III.A. Page 8 of 8 Page 31 of 36

32 Agenda Item #III.B. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE PZ Staff Report City of Pearland TO: Planning and Zoning Commission FROM: Planning and Community Development MEETING: Planning & Zoning - 02 Oct 2017 RE: Planning & Zoning Commission Input and Discussion -Regarding Package Liquor Stores In 2016 the residents of Pearland voted to allow package liquor sales within the Pearland city limits. Since then planning staff has seen an influx of these type application request. Currently, the UDC allows package liquor stores by a CUP in the following zoning districts: Bp-288, GB, GC, & M-1. To date the Planning Department has received a total of 9 package liquor CUP application request of which 7 have been approved, 1 denied, and 1 is pending. Of the seven approved applications only 5 have received TABC permits. Staff was instructed by P&Z and Council to research best practices on how other localities in Texas handle this type use. P&Z's goal is to review staff's finding and discuss possible package liquor store regulations for the City of Pearland that eventually leads to a UDC text amendment. A Joint Public Hearing, P&Z action, City Council 1st and 2nd reading is required prior to the approval of all UDC text amendments. EXHIBITS: Pearland Approvals vs. TABC Permits Pearland's On Premise vs Off Premise TABC Permits How other cities in Texas regulate package liquor stores? Page 1 of 5 Page 32 of 36

33 City of Pearland Approval Status vs. Permitted By TABC Package Liquor Store City of Pearland Approval Status Permitted BY TABC WB LIQUORS AND WINE (Costco Site) 3500 Business Center Dr Approved Yes Liquor Zone 7109 Broadway Approved Yes Potters Liquor 2530 Broadway Denied No PEARLAND FINE WINES & SPIRITS 3320 Broadway Approved Yes PETE'S LIQUOR & WINE 3291 Broadway Approved Yes SHADOW CREEK LIQUOR STORE Shadow Creek Pwk Approved Yes SMKP Partners LLC 1823 Main Street Approved No Pearland Parkway Retail Liquor Store 2708 Pearland Parkway Approved No Broadway Retail Liquor Store 9603 Broadway Pending No Page 33 of 36 Page 2 of 5 pearlandtx.gov Agenda Item #III.B.

34 City of Pearland Alcohol Permits issued by TABC 120 On- Premise Permits Off- Premise Permits Brew Pub Private Club Beer License Food & Beverage 1 Winery Package Store Wine & Beer Retailer 5 Page 34 of 36 Page 3 of 5 pearlandtx.gov Agenda Item #III.B.

35 How Other Cities in Texas regulate Package Liquor Stores? City Regulations Number of Package Liquor Stores Dallas Fort Worth Allows liquor stores by right in retail, commercial, industrial, and mixed-use districts. Most of Fort Worth is wet for liquor stores (exception is parts of their Northeast area). They allow liquor stores by right in their commercial and industrial districts. Liquor stores are prohibited in their ER and FR districts, which are restricted commercial. However, both of these districts existed before Fort Worth does use many design districts/overlays where they regulate form and design for all commercial uses Frisco Allows liquor stores by right in retail, commercial, and industrial districts. 0 (Only has Beer & Wine Off Premise Retail Permitted-47) Page 35 of 36 Page 4 of 5 Plano Colleyville Does not define liquor stores as a separate use; categorizes them with Miscellaneous Retail Stores, which are allowed in all commercial and industrial districts by right Allows liquor stores in their commercial zoning districts with an SUP. League City Allows liquor stores by right in commercial districts pearlandtx.gov Agenda Item #III.B.

36 How Other Cities in Texas regulate Package Liquor Stores? City Regulations Number of Package Liquor Stores Sugar Land Does not define liquor stores as a separate use; categorizes them with Miscellaneous Retail Stores. Allows liquor stores in their commercial and industrial zoning districts with a CUP. 10 McKinney Allow alcohol sales by SUP. 0 (Only has Beer & Wine Off Premise Retail Permitted-82) Conroe Regulates liquor stores by requiring City Permits 18 The Woodlands Does not define liquor stores as a separate use; categorizes them with Miscellaneous Retail Stores. Allows liquor stores in their commercial land use area. 7 Houston Regulates liquor stores through Chapter 3 of the City of Houston Code of Ordinance. Follows TABC regulations regarding Hours of Operations and Separation Requirements from Schools, Daycares, & Hospitals. Requires a City Licenses and City Permit that is paid annually. 358 Page 36 of 36 Page 5 of 5 Friendswood Missouri City Allows liquor stores in their community shopping center, office park, business park, downtown, & light industrial zoning districts with a SUP. Allows liquor stores by right in their retail and commercial districts. 7 9 pearlandtx.gov Agenda Item #III.B.