2012-08-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD AUGUST 20, 2012 AT
6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
P&Z Vice -Chairperson Linda Cowles called the meeting to order at 8:38 p.m. with the
following present:
P&Z Vice -Chairperson Linda Cowles
P&Z Commissioner Neil West
P&Z Commissioner Ginger McFadden
P&Z Commissioner Mary Starr
P&Z Commissioner Daniel Tunstall
Also in attendance were: City Planner Harold Ellis, Planner II Ian Clowes, Deputy City
Attorney Nghiem Doan, Assistant City Engineer Richard Mancilla, Director of
Community Development Lata Krishnarao, and Office Coordinator Judy Brown.
APPROVAL OF MINUTES
P&Z Commissioner Mary Starr made the motion to approve the minutes of the P&Z
Regular Meeting of August 6, 2012, and P&Z Commissioner Daniel Tunstall seconded.
The vote was 5-0. The minutes of the P&Z Regular Meeting of August 6, 2012 were
approved.
EXCUSE ABSENCE
P&Z Commissioner Neil West made the motion to approve the excused absence of P&Z
Commissioner Linda Cowles from the P&Z Regular Meeting of July 16, 2012, and P&Z
Commissioner Mary Starr seconded.
The vote was 5-0. The excused absence of Linda Cowles from the P&Z Regular
Meeting of July 16, 2012 was approved.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO.
2012-05Z
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08/20/2012
Page 1 of 6
A request of Daniel Frayne, applicant, on behalf of JDI Ventures, Inc., owner, for
approval of a zone change from the Spectrum District (District S5) (SP5) zone to the
Light Industrial (M-1) zone for 17.7063 acres on the following described property, to wit:
Legal Description: Being a 17.7063 acre (771,287 square feet) tract of land out of the R.
T. Blackburn Survey, Abstract 160, Harris County, Texas; and being out of and a portion
of Lot 22 and Lot 30 of the Orchard Ridge Addition to Almeda as recorded by plat filed
in Volume 64, page 7 of the Deed Records of Harris County, Texas; and being all of and
the same as the certain called 7.410 acre tract of land and all of and the same as the
certain called 0.400 acre tract of land, both as conveyed to CSBWMD All Terrain
Vehicles, Inc., in Warranty Deed dated September 18, 1989, as recorded in File
Number M-327774 of the Clerk's Files of Harris County, Texas; and being all of the
same as that certain called 9.896 acre tract of land as conveyed to CSBWMD All
Terrain Vehicles, Inc., in Warranty Deed dated September 18, 1989, as recorded in File
Number M-327773 of the Clerk's Files of Harris County, Texas
General Location: 322 Riley Road, Pearland, TX
City Planner Harold Ellis read the staff report stating staff was not in favor of the zone
change.
There was discussion regarding the condition of existing improvements on the property,
how approval of a zone change may not necessarily change improvements that would
be required to redevelop the site, annexation history and initial zoning of the property.
Also discussed was the option of the applicant requesting a Special Exception from the
Zoning Board of Adjustment to operate a nonconforming use on the property and that
process and timeframe; as well as, the Boards ability to approve a Special Exception
with conditions of approval which could potentially change the development
requirements, and the property would be required to come into compliance as it is
redeveloped. Discussion ensued regarding differences in allowable uses in the SP5
versus M-1 zoning district. The Commission also discussed potential life/safety code
updates which may be triggered for redevelopment or reuse of the property not wanting
to allow all the uses permitted in the M-1 zoning district to occur on this property, as well
as the fact that the zone change would run with the property until changed again by
Council, rather than the current land owner or any potential uses currently being
considered.
Mr. John Wilhoite spoke as someone familiar with the owner of the property. He stated
the company folded due to the economy. He stated there is a buyer interest in the
property with M-1 use, and would comply with the landscaping, and fagade
improvement to the front.
P&Z Commissioner Ginger McFadden inquired if the Commission voted to deny, would
it go straight to the Zoning Board of Adjustments (ZBA). City Planner Harold Ellis stated
it would still go to City Council for a vote, and then the applicant could make application
to the ZBA.
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P&Z Commissioner Neil West made a motion to approve the Zone Change, and was
seconded by P&Z Commissioner Daniel Tunstall.
The vote was 1 to 4. The motion failed for Zone Change Application No. 2012-05Z.
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO.
2012-06Z
A request of South Park Funeral Home, owner and applicant, for approval of a zone
change from the Light Industrial (M-1) zone to the General Commercial (GC) zone for
103.6405 acres on the following described property, to wit:
Legal Description: A survey of two tracts of land being a 101.1405 acre tract out of lots
64 & 74 of the W. Zychlinski Subdivision located in Section 2 of the H. T. & B. R. R. Co.
Survey, A-542 and out of lots 70, 75, & 79 of the W. Zychlinski Subdivision located in
Section 3 of the H. T. & B. R. R. Co. Survey, A-232 and a tract of land being a 2.500
acre tract out of lot 64 of the W. Zychlinski Subdivision located in Section 2 of the H. T.
& B. R. R. Co. Survey, A-542, Brazoria County, Texas
General Location: 1310 N. Main, Pearland, TX
City Planner Harold Ellis made the staff presentation.
There was no discussion among the Commission or staff.
P&Z Commissioner Ginger McFadden made the motion to approve the zone change,
and was seconded by P&Z Commissioner Daniel Tunstall.
The vote was 5-0. Zone Change Application No. 2012-06Z was approved.
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO.
2012-07Z
A request of Kerry Gilbert & Associates, applicant, on behalf of Beltway 23, Ltd., owner,
for approval of a zone change from the Suburban Development (SD) zone to the
General Business (GB) zone for 20.3 acres on the following described property, to wit:
Legal Description: The herein described 20.3 acres, more or less, being generally
located in Section 80, J. S. Talmage Survey Abstract 564, Brazoria County, Texas; the
south line being along the south line of Lot 2, Section 80, J. S. Talmage Survey,
Abstract 564 according to the plat thereof as filed in Volume 2, Page 98 Brazoria
County Plat Records; the west line being the east line of City of Pearland Ordinance No.
1035; the north line being the south right-of-way line of County Road 92 and the
extension of City of Pearland Ordinance 924 and the east line being the west line of City
of Pearland Ordinance No 924; All that certain 20.3 acres, more or less, annexed into
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the City of Pearland by Pearland Ordinance 1465 and being all of Lots 1 & 2, Section
80, J. S. Talmage Survey, Abstract 564.
General Location: Southeast corner Broadway/Kingsley
City Planner Harold Ellis stated the applicant had withdrawn their application for a zone
change, and would submit for a Planned Development.
No action was needed due to withdrawal.
CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF THE
PRESERVE AT HIGHLAND GLEN SECTION 2
A request by Christy Smidt, from Kerry Gilbert & Associates, applicant, on behalf of
Beazer Homes, owner, for approval of a Preliminary Plat of Preserve at Highland Glen,
Sec. 2, a 143 lot single-family residential subdivision, to wit
Legal Description: Being 36.5 acres of land located in the Derril H.M. Hunter Survey,
Abstract 36, Harris County, Texas, more particularly being a portion of a called 56.233
acre tract conveyed to Beazer Homes Texas, L.P., by an instrument of record in File
No. 20110092185, Official Public Records of Said Harris County, Texas
(H.C.O.P.R.R.P.), being a portion of a called 61.217 acre tract conveyed to Beazer
Homes Texas, L.P., by an instrument of record in File No. 20110092165,
H.C.O.P.R.R.P., an undivided one-half (1/2) interest in said 56.233 acres and said
61.217 acres conveyed to Lennar Homes of Texas Land and Construction, Ltd by
instrument of record in File No. 20110407994, H.C.O.P.R.R.P.
General Location: A half mile northeast of the intersection of Barry Rose and Pearland
Parkway.
Planner II Ian Clowes read the staff report stating staff recommends with staff
comments.
Applicant Christy Smidt of Kerry Gilbert & Associates spoke about the details of the
amenities.
There was brief discussion among the Commission and staff.
P&Z Commissioner Neil West made a motion to approve with the following conditions,
and was seconded by P&Z Commissioner Mary Starr
1) All amenities, except for city trail, in Phase 1 and 2 be fully complete and
operational
2) A plan be submitted outlining completion of city approved trail along Clear Creek
The vote was 5-0. The Preliminary Plat of the Preserve at Highland Glen Section 2 was
approved with the following conditions:
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1) All amenities, except for city trails, in Phase 1 and 2 be fully complete and
operational
2) A plan be submitted outlining completion of city approved trail along Clear Creek
CONSIDERATION & POSSIBLE ACTION — APPEAL OF TREE DISPOSITION PLAN
AT 2415 BROADWAYSTREET
A request by Kent Marsh, applicant, on behalf of Tom Alexander, Jr., owner, to Appeal a
Tree Disposition Plan, pursuant to Section 4.2.3.5 (e), for property located at 2415
Broadway, further described as:
Legal Description: Minor Plat of Alexander Estates, A subdivision of 14.576 acres in the
W.D.C. Hall Survey, A-70, City of Pearland, Brazoria County, Texas
General Location: 2415 Broadway, Pearland, TX
Planner II Ian Clowes stated the request for an Appeal of Tree Disposition Plan at 2415
Broadway had been withdrawn.
No action was needed due to withdrawal.
DISCUSSION ITEMS
1. Commissioners Activity Report — there was no discussion.
2. P&Z Strategic Plan — City Planner Harold Ellis spoke briefly that this item would
be on a future agenda.
3. Upcoming Guest Speakers — City Planner Harold Ellis stated staff is working on
lining up guest speakers. Commissioner Neil West asked that the City Engineer
speak with regards to traffic and TIA's. Commissioner West also requested to
have the Master Trails Plan discussed.
4. No P&Z Regular Meeting, September 3, 2012 — due to city Holiday
5. Next JPH, September 17, 2012
ADJOURNMENT
P&Z Vice -Chairperson Linda Cowles adjourned the P&Z Regular Meeting at 9:40 p.m.
These minutes are respectfully submitted by:
C� 4,2
Judy Br n, PI ning Office Coordinator
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08/20/2012
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Minutes approved as submitted and/or corrected on this 17th day of September 2012,
A.D.
ode Gewles, P&Z Vice -Chair erson
P&Z Minutes
08/20/2012
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