2012-10-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD OCTOBER 15, 2012,
AT 6:30 P.M., 2nd FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
P&Z Chairperson Henry Fuertes called the meeting to order at 9:51 p.m. with the
following present:
P&Z Chairperson Henry Fuertes
P&Z Vice -Chairperson Linda Cowles
P&Z Commissioner Neil West
P&Z Commissioner Matthew Hanks
P&Z Commissioner Daniel Tunstall
P&Z Commissioner Ginger McFadden
Also in attendance were: City Planner Harold Ellis, Planner II Ian Clowes, Director of
Community Development Lata Krishnarao, Deputy City Attorney Nghiem Doan,
Assistant City Engineer Richard Mancilla, and Office Coordinator Judy Brown.
APPROVAL OF MINUTES
P&Z Commissioner Matthew Hanks made the motion to approve the minutes of the P&Z
Regular Meeting of October 1, 2012, and P&Z Commissioner Mary Neil West seconded.
The vote was 6-0. The minutes of the P&Z Regular Meeting of October 1, 2012 were
approved.
EXCUSE ABSENCE
P&Z Commissioner Ginger McFadden made the motion, and P&Z Vice -Chairperson
Linda Cowles seconded to approve the excused absence of P&Z Commissioner Mary
Starr from the P&Z Regular Meeting held on October 1, 2012.
The vote was 6-0. The absence of P&Z Commissioner Mary Starr from the P&Z
Regular Meeting held on October 1, 2012 was approved as excused.
OLD BUSINESS
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SAVANNAH
MEADOWS SECTION NINE
P&Z Regular Meeting
October 15, 2012
Page 1 of 7
A request by Warren Escovy - LJA Engineering, INC., applicant, on behalf of Savannah
Development, LTD, owner for approval of the Final Plat of Savannah Meadows Section
9, located between Post Rd. (CR 58) and Savannah Bend Dr. encompassing
approximately 6.073 acres on the following described property, to wit
Being 6.073 acres of land located in the J.S. Tamage Survey, Abstract 562, Brazoria
County Texas, more particularly being a portion of the residue of a called 161.450 acre
tract (described as Tract 5) conveyed to Savannah Development, LTD., by an
instrument of record File #00-037203, Official Records of said Brazoria County, Texas
(B.C.O.R.) also being an instrument of record in File No. 200080225, Official Public
Records of Fort Bend County, Texas.
Planner II Ian Clowes stated the plat had been withdrawn. No action necessary.
CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SOUTHERN TRAILS
SECTION TWELVE
A request by Warren Escovy - LJA Engineering, INC., applicant, on behalf of C.L.
Ashton Woods, LP, owner for approval of the Final 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.
Planner II Ian Clowes stated the plat had been withdrawn. No action necessary.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2012-10Z
A request of Jack McGuff, Jr, applicant, on
approval of a zone change from the Light
(M-2) zone, to Planned Development (PD)
following described property, to wit:
behalf of Third Coast Terminals, owner, for
Industrial (M-1) zone and Heavy Industrial
zone for approximately 41.61 acres on the
Legal Description: Being 2.9125 acres of land out of and part of Lot Forty (40), of the W.
Zychlinski Subdivision, Section No. Three (3), in the H. T. & B. R. R. Co. Survey, A-232,
Brazoria County, Texas, according to the plat recorded in Volume 29, Page 43 of the
Deed Records of Brazoria County, Texas, and;
A 13.611 acre tract in the H. T. & B. R.R. CO. Survey, Section 3, Abstract No. 232 in
P&Z Regular Meeting
October 15, 2012
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Brazoria County, Texas. Said 13.611 acre tract is part of Lot 40 of the W. Zychlinski
subdivision as recorded in Volume 29, Page 43 of the Brazoria County Deed Records.
Said 13.611 acre tract is further described as being that same tract described in a deed
to Nguyen Enterprise, LLC as recorded in Clerk's File No. 03-059143 in the Brazoria
County Clerk's Office, and;
A 25.081 Acre tract in the H.T. & B. R. R. Co. Survey, Abstract No. 232, Brazoria
County, Texas. Said 25.081 acre tract is part of Lots 46 and 50, of the Zychlinski
Subdivision as recorded in Volume 29, Page 43 in the Brazoria County Deeds Records
and is further described as being part of Tract 5 and a part of Tract 6 described in a
deed to FEF Family Limited Partnership as recorded in Clerk's File No. 96-046033 in
the Brazoria County Clerk's Office, and is all of a 4.64 acre tract described in a deed to
FEF Family Limited Partnership as recorded in Clerk's File No. 96-046031 in the
Brazoria County Clerk's Office.
General Location: 1871 Mykawa Road
Pearland, TX
P&Z Commissioner Matthew Hanks made the motion, and P&Z Commissioner Ginger
McFadden seconded.
City Planner Harold Ellis read the staff report.
P&Z Commissioner Daniel Tunstall inquired about a fire protection plan. City Planner
Harold Ellis stated that staff had met with the fire department.
The vote was 6-0. Zone Change Application No. 2012-10Z was approved.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2012-11Z
A request of Chad Thumann, applicant, on behalf of Barbara Covington, owner, for
approval of a zone change from the Residential Estate (RE) zone, to Single -Family
Residential -1 (R-1) zone for 9.64 acres on the following described property, to wit:
Legal Description: A tract of land containing 4.82 acres known as Tract 20-A, situated in
Lot 20 of the Allison Richey Gulf Coast Home Company Subdivision, Abstract No. 506,
as recorded in Volume 2, Page 23 of the Brazoria County Map Records, and;
A tract of land containing 4.82 acres known as Tract 20, situated in Lot 20 of the Allison
Richey Gulf Coast Home Company Subdivision, Abstract No. 506, as recorded in
Volume 2, Page 23 of the Brazoria County Map Records.
General Location: 2014 Hillhouse Road
P&Z Vice -Chairperson Linda Cowles made the motion to approve, and P&Z
P&Z Regular Meeting
October 15, 2012
Page 3 of 7
Commissioner Neil West seconded.
Discussion ensued with regards to changing the use to Suburban Residential SR -12.
Commissioner West and Hanks both echoed their like for this zone.
P&Z Vice -Chairperson Linda Cowles amended her motion for a Zone Change to SR -12,
and P&Z Commissioner Neil West seconded.
The vote was 6-0. Zone Change application No. 2012-11 Z was approved for SR -12.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2012-12Z
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
Planned Development (PD) 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
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
P&Z Commissioner Ginger McFadden made the motion to approve, and P&Z
Commissioner Matthew Hanks seconded.
City Planner Harold Ellis read the staff report.
There was lengthy discussion with regards to nodes.
The vote was 6-0. Zone Change Application No. 2012-12Z was approved.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2012-13Z
A request of Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288, Ltd.,
owner, for approval of a zone change from the Business Park 288 (BP -288) zone to the
Planned Development (PD) zone for 38.909 acres on the following described property,
P&Z Regular Meeting
October 15, 2012
Page 4 of 7
to wit:
Legal Description: 38.909 acres of land in the H. T. & B. R. R. Company Survey,
Section 81, Abstract No. 300, Brazoria County, Texas, being a portion of lots 38, 39, 40,
49, and 50 of the Allison Richey Gulf Coast Home Company's part of Suburban
Gardens, a subdivision of record, Volume 2, Page 98, of the Plat Records of said
Brazoria County (B.C.P.R.), more particularly being the residue of that certain called
30.583 acre tract (described as Part One), and the residue of that certain called 9.990
acre tract (described as Part Two) conveyed from Compass Bank to Parkside 59/288
Ltd, by an instrument of record under Document Number 2011012491, of the Official
Public Records of said Brazoria County (B.C.O.P.R.)
General Location: Northwest corner CR59/SH288, Pearland, TX
P&Z Vice Chairperson Linda Cowles made the motion to approve, and P&Z
Commissioner Neil West seconded.
City Planner Harold Ellis read the staff report.
There was much discussion regarding EIFS, and over 55+ housing and senior
housing/convalescence home.
Mr. Joe Moody of Parkside Capital suggested a CUP at time of senior housing, if over
55+ housing was removed.
P&Z Vice Chairperson Linda Cowles made the motion to amend her motion, and P&Z
Commissioner Neil West seconded.
The vote was 6-0. Zone Change Application No. 2012-13Z was approved with removal
of 55+ Housing/assisted living, and added Senior/Convalescence home.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP
2012-06
At the request of Edward Hersh, applicant, for H.E. Halford, Jr., owner, for approval of a
Conditional Use Permit to allow for Outside Display/Storage in the Old Townsite
General Business (OT -GB) District, on the following described property, to wit:
Legal Description: Being Lots 3-6, Block 5 of the Townsite of Pearland Subdivision, a
Subdivision of record in Volume 29, Page 41 of the H.C.D.R. Brazoria County, Texas.
General Location: 2205 N. Main St. Pearland. TX 77581
P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z
Commissioner Ginger McFadden seconded.
P&Z Regular Meeting
October 15, 2012
Page 5of7
Planner II read the staff report.
Much discussion ensued with regards to the outside storage/display.
P&Z Commissioner Daniel Tunstall made the motion to amend his original motion, and
P&Z Commissioner Ginger McFadden seconded.
The vote was 6-0. Conditional Use Permit No. CUP 2012-06 was approved with
conditions of an attached site plan indicating the exact location of outside storage being
allowed, more specifically on the side of the building.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP
2012-04
At the request of Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner, for
approval of a Conditional Use Permit to allow for a Child Daycare (Business) in the
Neighborhood Service (NS) District, on the following described property, to wit:
Legal Description: Being a 0.9495 acre tract of land situated in the H.T. & B R.R.
Company Survey Abstract 242 in Brazoria County, Texas, being the same tract of land
conveyed to Joseph B. Benes and recorded in Volume 408 Page 538 of the Deed
Records of Brazoria County, Texas.
General Location: 7902/7904 Broadway, Pearland, TX
P&Z Commissioner Matthew Hanks made the motion to approve, and P&Z Chairperson
Henry Fuertes seconded.
Planner II Ian Clowes read the staff report.
There was discussion with regards to a child daycare being the best use, traffic, and
parking.
P&Z Chairperson Henry Fuertes asked that the applicant return with a diagram of the
play are and traffic flow.
Discussion ensued further.
The vote was 4-1. Conditional Use Permit No. CUP 2012-04 was approved. P&Z
Commissioner Daniel Tunstall voted in opposition.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP
2012-05
At the request of Warren Escovy — LJA Engineering, Inc., applicant, for The Diocese of
P&Z Regular Meeting
October 15, 2012
Page 6of7
Galveston -Houston, owner, for approval of a Conditional Use Permit to allow for a
Church, Temple, or Place of Worship in the Single Family Residential -1 (R1) District, on
the following described property, to wit:
Legal Description: Being a 19.934 acre tract of land located in the T.J. Green Survey,
Abstract 290, Harris County, Texas, being a portion of Lots 16, 17, 39, and 40, and all of
Lots 26 and 27 of the Allison Richey Gulf Coast Home Company Subdivision, Section
"G", a Subdivision of record in Volume 4, Page 48 of the map records of said Harris
County.
General Location: 1800 Block of Riverstone Ranch Ln. Pearland, TX 77089
P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z Vice -
Chairperson Linda Cowles seconded.
Planner II Ian Clowes read the staff report.
There was brief discussion regarding who managed the HOA — residents or developer.
Planner I Ian Clowes stated he would check into this.
The vote was 5-0. Conditional Use Permit No. 2012-05 was approved.
DISCUSSION ITEMS
1. Commissioners Activity Report — there was no report.
2. Texas APA Conference Update will be moved to the next meeting.
3. Next P&Z Regular Meeting, November 19, 2012
4. Next JPH, November 19, 2012
ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular Meeting at 11:30 p.m.
Thesinu s are respectfully submitted by:
u 4ro
Bo wn, PI ning ce Coordinator
Minutes approved as submitted and/or corrected on t is 5th day of November 2012,
A.D.
Henry Fuertes, P&Z Chairperson
P&Z Regular Meeting
October 15, 2012
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