2011-07-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JULY 18, 2011 AT 6:30
P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND,TEXAS
CALL TO ORDER
P&Z Chairperson Jerry Koza, Jr. called the meeting to order at 8:05 p.m. with the
following present:
P&Z Chairperson Jerry Koza, Jr.
P&Z Commissioner Henry Fuertes
P&Z Commissioner Richard Golden
P&Z Commissioner Neil West
P&Z Commissioner Darrell Diggs
Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Harold
Ellis, Planner II Evan Duvall, Assistant City Engineer Trent Perez and Planning Office
Coordinator Judy Krajca.
APPROVAL OF MINUTES
P&Z Commissioner Henry Fuertes made the motion to approve the minutes of the
Regular Meeting of June 20, 2011, and P&Z Commissioner Neil West seconded.
The vote was 5-0. The minutes of June 20, 2011 were approved.
OLD BUSINESS
CONSIDERATION & POSSIBLE ACTION —ZONE CHANGE NO. 2011- 07Z
A request of J.G. Meade, Executor of Myrtlee Meade Estate, owner, for approval of a
zone change from the Single -Family Residential Estate (R -E) zone, to General
Business (GB) zone for approximately 18 acres on the following described property, to
wit:
Legal Description: Field Note Description of a 20.00 Acre Tract of Land Being all of
Lots 10 and 14 of Kanawha -Texas Company Subdivision of parts of Sections 18 and
22, H.T. & B. R.R. CO., according to the Map or Plat thereof Recorded in Volume 2,
Page 51, of the Plat Records of Brazoria County, Texas;
SAVE AND EXCEPT that 2.000 acre tract described as follows:
Field Note Description of a 2.000 Acre Tract of Land Being out of Lot 14, of Kanawha -
Texas Company Subdivision of Parts of Section 18 & 22, H.T. & B. R.R. CO., According
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to the Map or Plat thereof Recorded in Volume 2, Page 51 of the Plat Records of
Brazoria County, Texas.
General Location: Northwest Corner of Manvel Rd and Bailey Rd.
P&Z Commissioner Darrell Diggs made the motion to discuss, and P&Z Commissioner
Neil West seconded.
Senior Planner Harold Ellis read the staff report as it was presented on June 20, 2011
stating the main concern for postponing the item was to determine if a General
Business (GB) zone was the best use while abutting school property.
P&Z Commissioner Darrell Diggs expressed concern as to why this area was a concern
when Shadow Creek Ranch has General Business next to schools. P&Z Commissioner
Henry Fuertes stated there was a CVS and a Bank next to one school in SCR, and
another school had light retail and a doctor's office next to it.
P&Z Commissioner Neil West inquired as to why not rezone the corner acre consisting
of approximately 2.0 acres. Senior Planner Harold Ellis stated the owners use is
unknown at this time.
P&Z Chairperson Jerry Koza, Jr. inquired who owns the property located at the SE
corner of Bailey Road and Manvel Road. Senior Planner Harold Ellis replied the
Drainage District owned the SE corner parcel.
Mr. J. G. Meade, owner, was present and spoke and apologized for not being present at
the last P&Z meeting as he was misinformed that he could leave after the Joint Public
Hearing. Mr. Meade stated he has a buyer for the property but he won't sale to anyone
accept a commercial enterprise. At this time, he only has plans to sale the 5.0 acres to
the Dance Studio, but wants to rezone the entire parcel to General Business (GB).
P&Z Commissioner Henry Fuertes stated that the first thing he learned being a
Commissioner was to zone the dirt. Commissioner Fuertes asked Mr. Massey why not
zone to Neighborhood Services (NS).
Mr. Massey replied that he could not put in a grocery store in a NS zone.
P&Z Commissioner Darrell Diggs inquired what would or would not be allowed near a
school. Discussion ensued with regards to how the distance is measured from "door to
door".
P&Z Commissioner Neil West inquired where the nearest GB zone was. Senior Planner
Harold Ellis indicated on the map that there was a gas station at Bailey Road and
Manvel Road, and the parcel located at Kincaid Road and Manvel Road is zoned GB,
as it was originally intended for a hospital/medical use.
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P&Z Commissioner Henry Fuertes stated he felt the best use for the property was
Neighborhood Services (NS). P&Z Commissioner Darrell Diggs stated since the
property in question was under single ownership, and there were no adjacent property
owners voicing objections, then why not zone it to General Business (GB). P&Z
Commissioner Henry Fuertes and P&Z Commissioner Neil West stated they disagreed
with P&Z Commissioner Darrell Diggs.
Mr. J. G. Meade stated there was nothing residential along the west side of Manvel
Road.
P&Z Commissioner Richard Golden stated he does not have a problem with changing
the use for commercial related use if the school was not located close by, and
expressed concern with the General Business (GB) zone. Commissioner Golden added
that most uses (but not all) in a GB zone are allowed in a NS zone.
The vote was 3-2. Zone Change No. 2011-07Z was approved. P&Z Commissioner Neil
West vote in opposition, stating the Commission is in place to zone the best use, and
that GB is not the best use. P&Z Commissioner Henry Fuertes voted in opposition
stating (1) this is not the best use as it is near a school, (2) it goes against the land use
for retail node, and (3) NS is a more appropriate zone.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NOT. CUP
2011-09
A request of Furniture Repair Solutions, LLC., applicant, on behalf of Michael
McGibben, owner, for approval of a Conditional Use Permit to allow for a Furniture
Repair business in the General Business (GB) District, on the following described
property, to wit:
Legal Description: All of that certain 0.4784 acre tract situated in the A.C.H. & B. RR
Company Survey, Section 1, Abstract No. 147, Brazoria County, Texas, being the
inclusive boundary of Tracts I and 11, as described in instrument filed for record in
Volume 983, Page 714, of the Deed Records of Brazoria County, Texas
General Location: 3520 E. Broadway, Pearland
Senior Planner Harold Ellis read the staff report stating staff recommends approval with
the condition that two (2) parking spaces be added.
P&Z Commissioner Darrell Diggs made the motion to approve, with condition that two
parking spaces be added, and P&Z Commissioner Neil West seconded.
P&Z Commissioner Neil West inquired how the furniture would be delivered to the shop.
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Mr. Dale Jones, applicant, stated there were double doors that opened up allowing
furniture to be brought in the front door. Pieces of furniture would be brought in a van,
and that no 18 -wheel tractor/trailers would be used.
The vote was 5-0. Conditional Use Permit No. CUP 2011-09 was approved with the
condition that two (2) parking spaces be added.
CONSIDERATION & POSSIBLE ACTION —PRELIMINARY PLAT OF SOUTHERN
TRAILS SECTION ELEVEN
A request by Kerry R. Gilbert and Associates, applicant, on behalf of C.L. Ashton
Woods, LP, owner for approval of a Preliminary Plat for Southern Trails Section Eleven,
generally located 1500 feet south from the southeast corner the intersection of Southern
Trails Drive and Kingsley Drive for approximately 23.2 acres, on the following described
property, to wit
Legal Description: All that certain 23.2 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 this plat reduced the plat to 55 single
family residential lots and 3 reserves.
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Richard Golden seconded.
The vote was 5-0. The Preliminary Plat of Southern Trails Section Eleven was
approved.
CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SOUTHERN
TRAILS SECTION TWELVE
A request by Kerry R. Gilbert and Associates, applicant, on behalf of C.L. Ashton
Woods, LP, owner for approval of a Preliminary Plat for Southern Trails Section Twelve,
generally located 1600 feet south from the southeast corner the intersection of Southern
Trails Drive and Kingsley Drive for approximately 16.8 acres, on the following described
property, to wit
Legal Description: All that certain 16.8 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.
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Neil West seconded.
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The vote was 5-0. The Preliminary Plat of Southern Trails Section Twelve was
approved.
CONSIDERATION & POSSIBLE ACTION — REQUEST FOR A WAIVER OF
DECISION FOR THE FINAL PLAT OF SERENE GARDENS
A request by Chris Hendrick of Wilson Survey., applicant, on behalf of Hieppham
Incorporated owner, for approval of a Final Plat for Serene Gardens, generally located
approximately 1,250 feet east of Hughes Ranch Road and Smith Ranch Road,
proposing an 8 -lot single-family residential subdivision on the following described
property, to wit
Being 9.7979 acres of the east one-half of lots 11 & 12E, all of Allison -Richey Gulf
Coast Home Company Subdivision of Section 85 in the H.T. & B.R.R. Co. Survey
Abstract 304, Brazoria County Texas.
Planner II Evan DuVall read the staff report stating there were four outstanding items
remaining on this plat, and the applicant requested a Waiver of Decision for more time.
Outstanding Items were:
1). Complete review of re -submittal of Final Plat
2). Acceptance of infrastructure
3). Landscaping along Hughes Ranch Road to meet UDC standards
4). Construction of a subdivision fence in compliance with the UDC
P&Z Commissioner Darrell Diggs made the motion to approve a Wavier of Decision,
and P&Z Commissioner Henry Fuertes seconded.
The vote was 5-0. The Waiver of Decision for the Final Plat of Serene Gardens was
approved.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SERENE GARDENS
A request by Chris Hendrick of Wilson Survey., applicant, on behalf of Hieppham
Incorporated owner, for approval of a Final Plat for Serene Gardens, generally located
approximately 1,250 feet east of Hughes Ranch Road and Smith Ranch Road,
proposing an 8 -lot single-family residential subdivision on the following described
property, to wit
Being 9.7979 acres of the east one-half of lots 11 & 12E, all of Allison -Richey Gulf
Coast Home Company Subdivision of Section 85 in the H.T. & B.R.R. Co. Survey
Abstract 304, Brazoria County Texas.
No action necessary.
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CONSIDERATION & POSSIBLE ACTION - VARIANCE REQUEST NO. 2011-04
REQUESTING A VARIANCE FROM SECTION 3.1.1.1 (C) REGARDING THE
VALUATION OF WORK PERMITTED FOR THE ISSUANCE OF A BUILIDNG PERMIT
ON UNPLATTED PROPERTY.
A request by Tegrity Homes, applicant, on behalf of Dao Dung, owner, for approval of a
Planning and Zoning Variance of Section 3.1.1.1(C) to allow an increased valuation of
work for issuance of a building permit on un -platted property, generally located at 1818
Roy Road #9 (1818 Sharon Drive #9) on the following described property, to wit:
All that certain tract or parcel containing 0.42 acres, (18,321 square feet), of land known
as 49-50 (PT) (Called W/2 LT 9) of an unrecorded subdivision situation in the H.T. & B.
Railroad Survey, A-234 in Brazoria County, Texas
General Location: Located 805 feet west of the Northwest corner of the intersection of
Sharon Drive and Roy Road (Brazoria CAD Property ID: 493917).
Planner II Evan DuVall read the staff report stating the applicant is proposing a home to
replace an existing trailer that was damaged during Hurricane Ike. The property is part
of an un -platted parcel that the city is working to resolve access and platting issues due
to complications with a missing owner needed to finalize the plat.
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Neil West seconded.
The vote was 5-0. Variance Request No. 2011-04 was approved.
CONSIDERATION & POSSIBLE ACTION — ELECTION OF OFFICERS
P&Z Commissioner Neil West opened the nominations for the election of officers, and
P&Z Commissioner Henry Fuertes seconded.
P&Z Commissioner Henry Fuertes nominated Jerry Koza, Jr. for Chairperson, and P&Z
Commissioner Neil West seconded.
The vote was 4-0. P&Z Chairperson elect was Jerry Koza, Jr. One Commissioner
abstained from voting.
P&Z Commissioner Henry Fuertes nominated Richard Golden for Vice -Chairperson,
and P&Z Commissioner Darrell Diggs seconded.
The vote was 4-0. P&Z Vice -Chairperson elect was Richard Golden. One
Commissioner abstained from voting.
Votes were cast by paper ballots
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DISCUSSION ITEMS
1. The Spectrum update was given by Planning Director Lata Krishnarao from the
City Council Regular Meeting on July 11, 2011. The Spectrum area is now being
referred to as Lower Kirby.
2. At this time, Annexation will not move forward. An agreement is being worked
out between the City of Pearland and Denbury Onshore, LLC.
3. Staff is working with the P&Z sub -committees with the intent of having the P&Z
Strategic Priorities finalized in September 2011.
4. Planning Director Lata Krishnarao stated the Planning Department has received
word that the City of Pearland has received a Silver Rating for Scenic City,
Texas. Staff has resubmitted for a Gold rating, and is awaiting results.
5. The next P&Z Regular Meeting will be on August 1,2011
6. Zoning Updates will be given at the regular meeting on August 1, 2011
7. The Next JPH Meeting is scheduled for August 15, 2011; however staff is
looking to move all cases to September, due to the numerous budget
meetings taking place during the month of August, at Council's request.
8. P&Z Commissioner Neil West stated he has spoken with the City Attorneys about
reviewing and revising the Drilling Ordinance and how the Planning & Zoning
Commission can assist.
9. P&Z Chairperson Jerry Koza, Jr. noted a few mistakes from the UDC Workshop:
#19 — parking issue (ratio of 200:1), and #23 — extension limit.
ADJOURNMENT
P&Z Chairperson Jerry Koza, Jr. adjourned the P&Z Regular Meeting at 9:28 p.m.
These minutes are respectfully submitted by:
an,,,4Le-4-
Judy Kraj , Plan ng Offico CoOrdinator
Minutes approved as submitted and/or corrected on this 1st day of August 2011, A.D.
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