PLANNING AND ZONING COMMISSION

Transcription

1 PLANNING AND ZONING COMMISSION CITY OF PEARLAND REGULAR MEETING Thursday, October 26, :00 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 AND EXCUSED ABSENCE Approve the P&Z Regular Meeting minutes from October 2, B. CONSIDERATION AND POSSIBLE ACTION FINAL PLAT OF CANTERBURY PARK SECTION 5 A request of Jordan Konesheck of Pape-Dawson Engineers, the applicant; on behalf of KB Home Lone Star, Inc., owner; for approval of the Final Plat of Canterbury Park Section 5 creating 56 single family lots on acres of land located northwest of the intersection of Bailey Road and Veterans Road, described to wit: Legal Description: a subdivision of acres, being portions of a and 41.3 acre tracts, conveyed to KB Home Lone Star, Inc. and recorded in County Clerk s file Nos and of the Brazoria County official public records, out of Restricted Reserve B, Canterbury Park Sec. 1 as recorded under volume. 24, page 112, situated in the F.B. Drake Survey, Pearland Planning & Zoning Agenda October 26, 2017 Page 1 of 24

2 A-508 in the City of Pearland, Brazoria County, Texas General Location: northwest of the intersection of Bailey Avenue and Veterans Road. III. NEW BUSINESS: A. CONSIDERATION AND POSSIBLE ACTION-VARIANCE FROM MINIMUM LOT DEPTH A request by James Roman of Big Red Dog Engineering, applicant, on behalf of Fite Office Park, Ltd., owner; for approval of a Variance Permitted in Section (c) (1) (c), of the Unified Development Code, Ordinance No T, to reduce the depth from 100 to 0 feet at the northeast corner of a lot located within the Office Professional zoning district on acres, described to wit: Legal Description: Being a tract of land containing acres, located in the George C. Smith Survey, Abstract 547, in Brazoria County, Texas; Said acres being out Section 18 of Kanawha-Texas Company Subdivision, a subdivision of record in Volume 2, Page 52, of the Brazoria County Plat Records (B.C.P.R.), and being all of a called acre tract of land recorded in the name of Fite Office Park, Ltd., in Brazoria County Clerk s File Number (B.C.C.F. No.) General Location: Magnolia Road, just west of the Magnolia and Manvel Road intersection IV. DISSCUSSION ITEMS A. Commissioners Activity Report B. Next P&Z Regular Meeting November 6, 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 City Hall Annex on the 20th day of October 2017, A.D., at 5:30 p.m. Alma Gonzales, Office Assistant Pearland Planning & Zoning Agenda October 26, 2017 Page 2 of 24

3 Agenda removed day of November, 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. All agenda supporting documents are Pearland Planning & Zoning Agenda October 26, 2017 Page 3 of 24

4 Agenda Item #II.A. MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, OCTOBER 02, 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 6:30 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 P&Z Commissioner Troy Pradia Also present were Deputy City Attorney Lawrence Provins, Community Development Director John McBride, City Planner Jimontanae McBride, 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 Commissioner Mary Starr seconded the motion. The motion passes by a vote of 6-0. CONSIDERATION & POSSIBLE ACTION APPROVAL OF MINUTES 1. Approve the P&Z Regular Meeting minutes from September 11, NEW BUSINESS P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration & Possible Action Final Plat of Creek Bend Section 1. P&Z Commissioner Mary Starr made a motion to approve, P&Z Vice-Chairperson Thomas Duncan seconded the motion. CONSIDERATION AND POSSIBLE ACTION FINAL PLAT OF CREEK BEND SECTION 1 P&Z Regular Meeting Minutes October 02, 2017 Page 1 of 7 Page 4 of 24

5 Agenda Item #II.A. 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. Associate Planner Vince Hustead presented the staff report and exhibits and informed the Commission that 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. Mr. Hustead informed that the approval would require the following conditions: 1. The SIA would need to be amended to reflect to the Development Improvement Agreement or provide a second SIA for the offsite improvements by October 16, 2017 per section 3184A. 2. The tree mitigation fee must be paid by October 16, P&Z Chairperson Daniel Tunstall inquired on the amount of the tree mitigation fee. Mr. Hustead informed the amount was a little over $200, per the Development Improvement Agreement. Deputy City Attorney Lawrence Provins informed that there was an offset on the tree mitigation fee due to the developer agreed on making improvements on the natural state of the wetlands. P&Z Commissioner Mary Starr made a motion to amend to include Staff s recommendations, P&Z Commissioner Troy Pradia seconded the motion. The amended motion passes 6-0. The motion passes 6-0. P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration & Possible Action Variance from Minimum Lot Width. P&Z Commissioner David Selsky made a motion to approve, P&Z Commissioner Mary Starr seconded the motion. 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 P&Z Regular Meeting Minutes October 02, 2017 Page 2 of 7 Page 5 of 24

6 Agenda Item #II.A. 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 Planner Armon Irones presented the staff report and exhibits and informed the Commission that 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 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. No comments from the P&Z Commission. Motion passes 6-0 P&Z Chairperson Daniel Tunstall read into the record the Planning & Zoning Commission Input and Discussion -Regarding Package Liquor Stores Planning & Zoning Commission Input and Discussion -Regarding Package Liquor Stores City Planner Jai McBride presented the Outline of Discussion which included City of Pearland Approval Status vs. Permitted by TABC, City of Pearland alcohol permits issued by TABC and how other cities in Texas regulate package liquor stores. Mrs. McBride informed the Commission that currently a total of nine CUP applications have been received for liquor stores, one application has been denied, one application is pending, seven applications have been approved by City Council, five applications have received their permits from TABC and only two stores have opened for business. Staff recommends that packaged liquor stores are only allowed by CUP in the major commercial nodes within the following districts of BP288, General Business, General Commercial and in Planned Development where the base zoning is commercial. The packaged liquor stores must be P&Z Regular Meeting Minutes October 02, 2017 Page 3 of 7 Page 6 of 24

7 Agenda Item #II.A. at least one thousand feet buffer radius from the nearest liquor store. The one thousand feet buffer radius can be potentially waived by seeking a P&Z Variance. Packaged liquor stores cannot be located on the entrance of any residential subdivision nor within three hundred feet of a parcel having direct access from a local street into a residential subdivision. The recommended requirements are for packaged liquor stores only. The packaged liquor stores must meet all the UDC requirements regarding landscaping, parking, transparency, building articulation and façade. All package liquor stores that have been approved prior to the regulations would have a grandfathered in clause. Citizen Layni Cade, 1901 Meadow Creek Dr., Pearland TX spoke in regards of her support in regulating liquor stores. Mrs. Cade was against drive-thru liquor stores and having too many liquor stores in the city. Mrs. Cade asked the Commission to consider not allowing foot massage stores in the city without a CUP. P&Z Commissioner David Selsky made a suggestion on looking at the focus of letting the market decide versus the city controlling the decision for allowing the amount of liquor stores being allowed. P&Z Chairperson Daniel Tunstall was in favor of regulation and controls by land use not only for liquor stores but also for other business that are highlighted troublesome in other communities. P&Z Chairperson Troy Pradia clarified that the city could not be more restrictive than the state law. A discussion ensued between the Commission, Staff and the Deputy City Attorney in regards to locations of a liquor store and the amount of liquor stores allowable per population. P&Z Vice-Chairperson commented that he does not think that the city perception in the general population will be dictated by the number of liquor stores in the city. P&Z Commissioner Troy Pradia commented on dictating the size of a Mom and Pops liquor store versus a massive size liquor store. Community Development Director John McDonald explained a smaller liquor store would possibly go out of business competing against a massive store because of the different levels of liquor stores. Mr. McDonald would like to keep liquor stores in specific areas to have a little more control. P&Z Commissioner Mary Starr commented that the Staff recommendations looked very good. Mr. Duncan likes the buffer radius but would rather go a half mile than the quarter recommended by Staff. Mr. McDonald explained it may depend on the node where the store radius could be determined. P&Z Commissioner Derrell Isenberg liked the regulation to control, but his issue was with the proximity of the liquor stores that are coming in. A discussion ensued regarding the amount of same type of businesses in the market. Mr. McDonald commented on the balance on market and regulation. Mr. Isenberg commented that one should not go strictly off of the city s population density, and would rather see the buffer a half mile. Mr. Tunstall asked Mr. Isenberg if he agreed that the number per capita is something that the Commission would not want to regulate but Commission would ask for that information at each review to be used as a gage. Mr. Isenberg answered that he would like to have that information. Deputy City Attorney Lawrence Provins explained the using one use in conjunction with another uses changes the character of the area and what is the perception. Mr. Provins informed that at some point of time whenever these regulations get solidified there will have to be a finding to support a conclusion in case it s challenged. P&Z Commissioner David Selsky P&Z Regular Meeting Minutes October 02, 2017 Page 4 of 7 Page 7 of 24

8 Agenda Item #II.A. asked legal if the regulations were adopted as is would legal defend them. Mr. Provins answered yes the findings and research that Staff provided would be added. Mr. Selsky would like to see discretions and guidelines be added. P&Z Commissioner Troy Pradia asked Staff if the rule for the 1000 feet buffer was the only rule. City Planner Jai McBride explained there was not a rule, the only rule was the 300 foot buffer for schools, hospitals and churches. Mrs. McBride informed that Staff discussed the 1000 foot radius should be added for commercial nodes it being two stores per commercial nodes so not to over saturate. Mr. McDonald made a point on adding regulations to the UDC so that businesses would know what to expect and understand coming forward their allowance of flexibility. Mr. Tunstall added that an applicant should be made aware of the process for a CUP for a liquor store and the conditions required so that they can provide all the information. A discussion ensued by Mr. Tunstall, Mr. Provins and Mr. McDonald in regards to the use on a CUP process and tying in conditions and the 300 foot restrictions. Mr. Pradia asked legal if they could impose new conditions to new applicants and what restrictions would they have. Mr. Provins informed that they could not retroactively be applied but the restrictions could be moved forward. Mr. Tunstall commented on the list of recommendations that is given to Council for approval and the checklist given to applicants. Mr. Tunstall informed that he read several places that one of the conditions for approval for a location for a liquor store was that the crime rate in that area could not be higher than that average of the city and sales of single serve at liquor stores were troublesome in communities. P&Z Commissioner Mary Starr commented on single serve liquor state laws differ because of the different control each state has. Mr. Tunstall added that he read if a liquor store loses or license gets suspended, then they would have to reapply. Mr. Tunstall feels the applicant should be required to provide what they are going to do and how they are going to do it. Mr. Provins recommended/cautioned to the Commission that if any kind conditions were going to be applied, Code Enforcement Staff would have to have the ability to enforce those conditions. P&Z Vice-Chairperson Thomas Duncan commented on the UDC requirements for cages behind door/windows that closes after business closes. A discussion ensued on the regulations of those type of cage windows/doors for all types of businesses. Mr. Provins explained the requirements for having different conditions of land use from the land use matrix having it different from one business to the other but one would have to have a basis for making that decision. P&Z Commissioner David Selsky commented on having the Commission evaluate on the appropriate location being the X factor to be able to determine where a business should be located. P&Z Commissioner Tony Pradia agreed with Commissioner Selsky that this is a good start. P&Z Chairperson Daniel Tunstall asked where check cashing businesses land in the UDC. Mr. Provins informed that the requirement was with a CUP at GB and GC. City Planner Jai McBride clarified the requirement. Community Development Director John McBride asked the Commissioners about the consensus on regulations and keeping immoral as an adoptive policy to guide the Commission moving forward. Mr. Tunstall asked legal for the record if there was a way to poll the Commission without taking a vote. Mr. Provins explained that the Commission can give direction to Staff to prepare for future action items to include the issues or add issues or exclude issues. Mr. Tunstall made a comment for the record that he was totally in favor of the Staff recommendations of having restrictions. Mr. Provins and P&Z Regular Meeting Minutes October 02, 2017 Page 5 of 7 Page 8 of 24

9 Agenda Item #II.A. Mr. McDonald explained how adding the restrictions could be more formalized system. Mr. Tunstall would like to see the formalized system in the UDC. Discussion ensued on the ways of adding the requirements to the UDC. P&Z Commissioner David Selsky asked the Commission where they stood with the recommendations. All P&Z Commissioners were in favor of the recommendations, P&Z Commissioner Mary Starr commented that the Commission needs to be careful in putting too many regulations because over regulating could cause more problems and does not feel that these should be added to the UDC. Mr. McDonald and Mr. Provins explained that there is a pragmatic approach for the best way of sending an item forward for a recommendation and how that process works. Mr. McDonald informed the Commission that Staff will take the information and comments from the meeting and craft something appropriate to move forward for the next meeting. Mrs. Starr would like to get the number of applications for liquor stores are coming in. Commissioner Selsky asked legal if a permit can denied if the potential owner has had a history of violations with TABC. Mr. Provins explained that with the new changes to the CUP process, he did think that a permit can be consideration for denial. A discussion ensued on the different examples of how a denial could be considered. Mr. Tunstall commented that he would like to investigate the crime statistics to see if it would be a viable item to address during the CUP process. Mr. Provins explained how one would have to distinguish between different types of crime related to the issue presented. Mr. Tunstall pointed out that if presenting the crime statistics to City Council it should be put out there as an item to discuss and if the crime statistics is not an item they would be worried about, then he would be fine with that, but feels it would be worth presenting it. Mr. Provins explained that he would encourage the Commission if that item was to be presented, then the crime categories or crime categories that are of concerned listed for Council. Commissioner Tony Pradia commented that a business owner should not have to suffer because of the location that business owner wants to be in regardless of the crime rate in that area. Mr. Provins clarified to the Commission if it would be a good idea to include adding a crime statics as a requirement for approval. Mr. Tunstall stated that the point of the regulation for adding the crime statistics to make aware if that particular area being considered has a high amount of crime and stated for the record that this is an item that he concerned about and would like to present it to Council. Mr. Provins informed that Mr. Tunstall concerns will be presented as a discussion item when Staff goes to prepare their next staff reports for future presentation. Mr. Tunstall commented that he would like to disallow drive-thru liquor stores per the UDC in the land use section. A discussion ensued in regards to the harms a drive-thru liquor store could produce. Mr. Provins commented that the recommendations to not have a drive-thru could be tied in to the site plan if need to. A discussion ensued by Mr. Tunstall and the Commission in regards to the no bars around the windows of liquor stores and clarification on the regulations on windows while the stores are open. Mr. Provins explained that the regulation is for the envelope of the building and not the inside of the building unless there s a certain transparency issue. Mr. Tunstall had no issue with the screening of the store at night but during open hours there should be no obstruction due to transparency requirements. Commissioner David Selsky asked where this process goes from here. Mr. Provins explained that from here items goes to a proposed changes to the UDC where Staff will take the meetings discussion to include P&Z Regular Meeting Minutes October 02, 2017 Page 6 of 7 Page 9 of 24

10 Agenda Item #II.A. the changes, but informed until then, as CUP applications come in, one should include the new recommendations with the criteria that is in place now. DISCUSSION ITEMS 1. Commissioners Activity Report - None 2. Next P&Z Regular Meeting October 16, 2017 P&Z Commissioners David Selsky and Derrell Isenberg will not be present for the October 16, 2017 meeting ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 8:14 pm These minutes were respectfully submitted by: Alma Gonzales, Office Assistant Minutes approved as submitted and/or corrected on this 16th day of October 2017, A.D. Daniel Tunstall, P & Z Chairperson P&Z Regular Meeting Minutes October 02, 2017 Page 7 of 7 Page 10 of 24

11 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 - 26 Oct 2017 RE: CONSIDERATION AND POSSIBLE ACTION FINAL PLAT OF CANTERBURY PARK SECTION 5 A request of Jordan Konesheck of Pape-Dawson Engineers, the applicant, on behalf of KB Home Lone Star, Inc., owner, for approval of the Final Plat of Canterbury Park Section 5; creating 56 single familylotson acres of land locatednorthwest of the intersection of Bailey Road and Veterans Road, described to wit: Legal Description: a subdivision of acres, being portions of a and 41.3 acre tracts, conveyed to KB Home Lone Star, Inc. and recorded in County Clerk s file Nos and of the Brazoria County official public records, out of Restricted Reserve B, Canterbury Park Sec. 1 as recorded under volume. 24, page 112, situated in the F.B. Drake Survey, A-508 in the City of Pearland, Brazoria County, Texas General Location: northwest of the intersection of Bailey Avenue and Veterans Road. EXHIBITS: Aerial Map Zoning Map Future land Use Plan 2015 Final Plat of Canterbry Park Section 5 SUMMARY On behalf of KB Home Lone Star, Inc., owner, Jordan Konesheck of Pape-Dawson Engineers, has submitted a request for approval of the Final Plat of Canterbury Park Section 5, creating 56 single family lots on Page 1 of 8 Page 11 of 24

12 Agenda Item #II.B. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE acres of land near the intersection of Bailey Road and Veterans Drive. Canterbury Park Section 5 will be accessed from the west through Canterbury Park Section 2 on Mountford Drive and from the north through Canterbury Park Section 3 on Bandbury Lane. The R-2 Single Family zoned lots will be at least 70 feet wide and 115 feet deep. SITE HISTORY Canterbury Park Section 5 will fill in the eastern portion of the Canterbury Park development. STAFF RECOMMENDATION Staff recommends approval of the Final Plat of Canterbury Park Section 5 for the following reasons: 1. The Final Plat of Canterbury Park Section 5 conforms to the UDC requirements for a Final Plat. 2. The Final Plat of Canterbury Park Section 5 conforms to the approved preliminary plat. Agreements and Documents Needed item Completion Status Traffic Impact Analysis Submitted on 7/11/17 Drainage Study Submitted on 7/11/17 SIA Status Application Item Status SIA Application Submitted on 7/11/17 Cost Breakdown Submitted on 7/11/17 Application Fee SIA fee paid 8/1/17 SIA Agreement Submitted on 7/11/17 Bond Submitted on 7/11/17 Plat Status Item Status Master Plat N/A Preliminary Plat Approved December 19, 2016 Final Plat Under Review CONFORMANCE WITH THE COMPREHENSIVE PLAN The area of Canterbury Park Section 5 is shown as Medium Density Residential on the Future Land Use Plan The proposed lots will be at least 8,050 square feet in size corresponding with the 8,000 square foot lot size required in areas shown as Low Density Residential. SURROUNDING ZONING AND LAND Page 2 of 8 Page 12 of 24

13 Agenda Item #II.B. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE Zoning Land Use North P.U.D. Canterbury Park Single Family Residential South R-2 Single Family Undeveloped East P.U.D. Canterbury Park Undeveloped West R-2 Single Family Single Family Residential CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC) The proposed lots conform to the R-2 Single Family zoning district since the proposed lots are 70 feet wide and 115 feet deep. The area of Canterbury Park Section 5 is shown as Medium Density Residential on the Future Land Use Plan The proposed lots will be at least 8,050 square feet in size corresponding with the 8,000 square foot lot size required in areas shown as Low Density Residential. CONFORMANCE WITH THE THOROUGHFARE PLAN All of the proposed streets will have a 50 foot right of way which is the standard for local neighborhood streets. UTILITIES AND INFRASTRUCTURE Water and sewer service will need to be extended to the proposed lots. DRAINAGE A preliminary drainage plan has been submitted for review. PARKS, OPEN SPACE, AND TREES In lieu of Parkland fees, the developer is building park facilities in accordance with a Development Agreement. IMPACT ON EXISTING AND FUTURE DEVELOPMENT Approval of this plat will expand the street connections between the sections of Canterbury Park along Veterans Drive to Canterbury Park Sections 2, 3, 4 and future Canterbury Park Section 6. ADDITONAL COMMENTS This request has been reviewed by the City s Development Review Committee and there were no additional comments. Page 3 of 8 Page 13 of 24

14 EARLWOOD CT HAREWOOD CT BELMORE LN ALSTON PL ANZAC DR BANBURY LN Aeriel Map WHITLAM CT TRENT COVE LN Site Final Plat of Canterbury Park Section 5 PARRY 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 14 of 24 Page 4 of 8 1 inch = 382 feet DECEMBER 2016 PLANNING DEPARTMENT Agenda Item #II.B.

15 !!!!!!!!!!!!!!!!!!!!!!!!!! R-2!!!!!!!!!!!!!!!!!! HAREWOOD CT ALSTON PL!!!!!!!!!!!!!!!!!!!!! PUD ANZAC DR BANBURY LN M-2 Zoning Map!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! WHITLAM CT!!!! BELMORE LN!!!!!!!!!!!!!!!!!! R-2 Single Family!!!!!!!!!!!!!!!!!!!!!! Final Plat of Canterbury Park Section 5!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! R-2!!!! TRENT COVE LN!!!!!!!!!!!!!!!!! R-2!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! M-2!!! PARRY 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 15 of 24 Page 5 of 8!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! SR-12 1 inch = 382 feet DECEMBER 2016 PLANNING DEPARTMENT Agenda Item #II.B.

16 EARLWOOD CT HAREWOOD CT Light Industrial Low Density Residential BELMORE LN ANZAC DR Future Land Use Plan 2015 TRENT COVE LN Site Final Plat of Canterbury Park Section 5 Park Medium Density Residential PARRY 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 16 of 24 Page 6 of 8 Public / Semi-Public 1 inch = 382 feet DECEMBER 2016 PLANNING DEPARTMENT Agenda Item #II.B.

17 LOCATION MAP - HOUSTON I SAN ANTONIO I AUSTIN I FORT WORTH I DALLAS Page 7 of 8 TBPE FIRM REGISTRATION #470 I TBPLS FIRM REGISTRATION # Agenda Item #II.B. Page 17 of 24

18 LOCATION MAP MOUNTFORD DRIVE (50' ROW) CCF NO BCPR HOUSTON I SAN ANTONIO I AUSTIN I FORT WORTH I DALLAS Page 8 of 8 TBPE FIRM REGISTRATION #470 I TBPLS FIRM REGISTRATION # Agenda Item #II.B. Page 18 of 24

19 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 - 26 Oct 2017 RE: CONSIDERATION AND POSSIBLE ACTION-VARIANCE FROM MINIMUM LOT DEPTH Planning & Zoning Variance Request-VARP A request by James Roman of Big Red Dog Engineering, applicant, on behalf of Fite Office Park, Ltd., owner; for approval of a Variance Permitted in Section (c) (1) (c), of the Unified Development Code, Ordinance No T, to reduce the depth from 100 to 0 feet at the northeast corner of a lot located within the Office Professional zoning district on acres, described to wit: Legal Description: Being a tract of land containing acres, located in the George C. Smith Survey, Abstract 547, in Brazoria County, Texas; Said acres being out Section 18 of Kanawha-Texas Company Subdivision, a subdivision of record in Volume 2, Page 52, of the Brazoria County Plat Records (B.C.P.R.), and being all of a called acre tract of land recorded in the name of Fite Office Park, Ltd., in Brazoria County Clerk s File Number (B.C.C.F. No.) General Location: Magnolia Road, just west of the Magnolia and Manvel Road intersection EXHIBITS: ZNG Aerial VARP FLUP VARP SUMMARY Page 1 of 6 Page 19 of 24

20 Agenda Item #III.A. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE James Roman of Big Red Dog Engineering, applicant, on behalf of Fite Office Park, Ltd., owner; submitted a request for approval of a variance permitted in Section (c) (1) (c), 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 Magnolia Road, just west of the Magnolia and Manvel Road intersection. The applicant wishes to apply for a Minor Plat to build a K-8th Grade Charter School. The subject property was annexed into the City in 1999 and has a unique shape. The applicant requests a variance from the minimum lot depth of 100 feet required in the Office Professional (OP) zoning district. The total lot area is acres; it has a width of approximately 2,250 feet and a depth which ranges from 0 to 615 feet. The lot depth is the only variance requested by the applicant. The subject property is zoned Office Professional. PLATTING STATUS: The applicant is in the process of submitting a minor plat for the subject property. The property will require a minor plat prior to building permits being issued. The minor plat process allows the lot to be platted under the current Unified Development Code process as a city recognized plat. Table 1 Lot Dimension Description Required Dimension Proposed Lot Lot Area 12,500 square feet acres Lot Width 100 feet Approximately 2,250 feet Lot Depth 100 feet Varies from 0 feet to 615 feet SITE HISTORY The subject property was annexed into the City in 1999 and is currently undeveloped. STAFF RECOMMENDATION Staff recommends approval of the requested variance to reduce the minimum lot depth per the requirement of Section (c) (1) (c) which requires the approval of the Planning and Zoning Commission to reduce the minimum lot depth from 100 to 0 feet at the northeast corner for the proposed lot for the following reasons: 1.The property is currently zoned Office and Professional. 2.Although the Future Land Use Plan 2015 shows the area as Low Density Residential, the proposed land use is a good fit for the location because of the close proximity to a large amount of single-family residential neighborhoods. Page 2 of 6 Page 20 of 24

21 Agenda Item #III.A. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 3.The only entrance will be along Magnolia Road and there will be a landscape buffer between the residential development and the subject property. 4.There are several undeveloped properties in this section of Magnolia Road. This proposed development will be a proper infill development use. CONFORMANCE WITH THE COMPREHENSIVE PLAN The proposed use will be in conformance with the Future Land Use Plan (FLUP) for this location. The Future Land Use Plan (FLUP) indicates the property to be Low Density Residential which is suitable for residential, retail, office, and public/semi-public uses within this area. The proposed use is a K thru 8th Grade Charter School. The proposed development will provide infill development of an undeveloped lot that is adjacent to a single-family neighborhood. SURROUNDING ZONING AND LAND The property under review is zoned OP Office & Professional District. Table 2 Direction Zoning Land Use North N/A, ETJ District Single-Family Residential and Manufactured Homes South GB General Business Undeveloped Retail District East GB General Business Undeveloped Retail District West R-4 Single-Family Single-Family Residential Residential CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC) The proposed lot is a permitted use within the OP Office & Professional Zoning District and will meet all of the minimum dimensions of the OP District except for the lot depth. CONFORMANCE WITH THE THOROUGHFARE PLAN Magnolia Road is a secondary thoroughfare according to the City s Thoroughfare Plan and this section of Magnolia has sufficient right-of-way width. IMPACT ON EXISTING AND FUTURE DEVELOPMENT Page 3 of 6 Page 21 of 24

22 Agenda Item #III.A. RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE Approval of this variance will allow the subject property to be developed along Magnolia Road for a K thru 8th Grade Charter School to be built. The only ingress/egress for the subject property will be along Magnolia Road and a landscaping buffer will be provided along the north and west property lines and possibly fencing as a separation from the single-family residential neighborhood. Page 4 of 6 Page 22 of 24

23 LINDEN PL R-3 R-3 R-3 R-3 R-2 GC R-2 R-3 CR 297 CR 298 CR 389 BLACK LN R-2 VALENTINE LN R-2 R-1 R-4 R-4 R-1 CARRINGTON CT FOXDEN DR Highland Glen DAVEY OAKS R-4 LOCHMAN LN R-4 R-4 R-4 PINDER LN R-3 R-4 R-4 MAGNOLIA RD CR 589 OP - Office Professional OP GB GB GB KINCAID RD GB NS Zoning Aerial Map VARP PUD SR-15 ETHEL ST HELEN LN CHARLES AVE Stonebridge 123 CR 880 MANVEL RD 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 SR-15 represents only the approximate relative location of property boundaries. Page 23 of 24 Page 5 of 6 Cluster Plans R-1 SR-15 1 inch = 573 feet DECEMBER 2016 PLANNING DEPARTMENT Agenda Item #III.A.

24 Retail, Offices and Services LINDEN PL NORTHFORK DR CR 297 CR 298 CR 389 Public / Semi-Public Medium Density Residential Highland Glen LOCHMAN LN CR 589 PINDER LN Site Major Nodes Future Land Use Plan 2015 VARP MAGNOLIA RD Open Space ETHEL ST Stonebridge 123 HELEN LN Low Density Residential CR 880 MANVEL RD 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 24 of 24 Page 6 of 6 1 inch = 573 feet DECEMBER 2016 PLANNING DEPARTMENT Agenda Item #III.A.