2013-05-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 20,
2013, AT 6:30 P.M., COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
CALL TO ORDER
P&Z Chairperson Henry Fuertes called the P&Z regular meeting to order at 8:36 p.m.
with the following present:
P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Linda Cowles
P&Z Commissioner Daniel Tunstall P&Z Commissioner Ginger McFadden
P&Z Commissioner Matthew Hanks P&Z Commissioner Mary Starr
APPROVAL OF MINUTES
P&Z Commissioner Daniel Tunstall made the motion to approve the Minutes of the
February 18, 2013, Capital Improvements Advisory Committee Meeting; and, the
Minutes of the May 6, 2013, P&Z Regular Meeting, while P&Z Vice Chairperson Linda
Cowles seconded. The vote was 6-0. The minutes were approved.
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT NO.
CUP 2013-04
A request of James Elmore of Cisneros Design Group, applicant for Amegy Bank,
owner, for approval of a Conditional Use Permit to allow for Auto Wash — Self Service in
the General Business (GB) zone, on property located at the 8400 Block of Broadway,
more specifically described as:
Legal Description: Being a 3.395 acre tract of land being a portion of land called "Tract
Two" described in a deed from R.R. Viada and Agnes M. Viada to R. R. Viada or Agnes
M. Viada, Trustee, under Viada Family Living Trust, as recorded under Brazoria County
Clerk's File Number (C.F.) 2005 003071, of the Official Public Records of Real Property
of Brazoria County, Texas and being a portion of Lot 27, of the Allison -Richey Gulf
Coast Home Co's Part of Suburban Gardens Subdivision of Section 21, of the H.T.& B.
Railroad Company Survey, Abstract Number 309, Brazoria County, Texas.
General Location: 8400 Block of Broadway St.
P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z
Commissioner Matthew Hanks seconded.
Minutes of the P&Z Regular Meeting
May 20, 2013
Page 1 of 6
Planner II Ian Clowes read the staff report stating staff recommends approval with two
conditions:
1. Auto wash bays be screened from Broadway per the submitted landscaping
plans
2. Auto wash be developed in accordance with detailed site plan
P&Z Commissioner Daniel Tunstall amended his original motion to approve with
conditions, and P&Z Commissioner Matthew Hanks seconded.
P&Z Vice -Chairperson Linda Cowles inquired if the site plan would come back to P&Z,
and Planner II Ian Clowes stated no. He added that the screening shown is above and
beyond the UDC requirements. P&Z Chairperson Henry Fuertes stated he liked the
layout.
There was brief discussion with the applicant, Mr. James Elmore, with regards to the
construction material, and staff statied they would discuss with Mr. Elmore the masonry
requirement.
P&Z Vice Chairperson Linda Cowles asked about the detention, and Mr. Elmore replied
it was on site in the rear portion of the property.
The vote was 6-0. Conditional Use Permit No. CUP 2013-04 was approved with
conditions.
CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION NO.
2013-08Z
A request of Collin Tadlock, applicant and The Grocers Supply Co., Inc., owner, for
approval of a zone change from the General Business (GB) zone to the General
Commercial (GC) zone on the following described property, to wit:
Legal Description: Being a 1.0090 acre tract of land out of the Allison -Richey Gulf
Coast Home Company Subdivision of Section 9, H.T.& B. Railroad Company Survey,
Abstract No. 234, Brazoria County, Texas, according to the plat recorded in Volume 2,
Page 24, of the Brazoria County Plat Records; this tract being a portion of the Dan
Keller, Trustee, et al, call 9.977 acre tract (Volume 1748, Page 448, Brazoria County
Deed Records).
General Location: 7201 Broadway St.
Minutes of the P&Z Regular Meeting
May 20, 2013
Page 2 of 6
P&Z Vice -Chairperson Linda Cowles made the motion to approve, and P&Z
Commissioner Mary Starr seconded.
Planner II Ian Clowes read the staff report stating staff was unable to make a
recommendation for approval.
P&Z Chairperson Henry Fuertes reminded the Commission that their job was to zone
the dirt. If zone was changed to GC, more intensive or less appropriate uses would be
allowed. P&Z Commissioner Matthew Hanks stated he agreed.
Discussion ensued with regards to the uses allowed in a GC zone with comments that:
Reid Boulevard to Max Road was a hard corner and a GC zone is not best; plenty of
other vacant space in GC zoned areas; and because outside storage being allowed in a
GC zone, this is not the best location.
The vote was 0-6. Zone Change Application No. 2013-08Z was denied.
CONSIDERATION AND POSSIBLE ACTION - UDC AMENDEMENT T-15
Consider proposed amendements to the Unified Development Code regarding
electronic signs.
P&Z Commissioner Ginger McFadden made the motion to approve, and P&Z
Commissioner Daniel Tunstall seconded.
Director of Community Development Lata Krishnarao read the staff report that
recommended approval with the three conditions that evolved as part of the workshop
and joint public hearing.
There was much discussion with regards to the proposed changes and amendments.
Members of the audience that also spoke were business owners: Tom Rasberry, Kris
Schoeffler and Sean Murphy, who also spoke at the joint public hearing.
As the P&Z Commission discussed, they directed staff to add a fourth condition.
P&Z Commissioner Ginger McFadden amended her motion to approve with the
following conditions, and P&Z Commissioner Daniel Tunstall seconded.
1. Add a requirement that all existing signs (scrolling and message boards) meet
the brightness level requirement upon adoption of this amendment.
2. Add that flashing and blinking signs should address cyclical switching of colors,
in addition to visual content, between on and off stages.
3. Add clarifications in definitions and diagrams regarding measurement of signs.
Minutes of the P&Z Regular Meeting
May 20, 2013
Page 3 of 6
4. Add that all existing signs should meet the automatic dimming requirement if they
are enlarged, replaced or upgraded.
The vote was 6-0 to approve the proposed amendments of the Unified Development
Code T-15 with the following recommendations:
1. Add a requirement that all existing signs (scrolling and message boards) meet
the brightness level requirement upon adoption of this amendment.
2. Add that flashing and blinking signs should address cyclical switching of colors,
in addition to visual content, between on and off stages.
3. Add clarifications in definitions and diagrams regarding measurement of signs.
4. Add that all existing signs should meet the automatic dimming requirement if they
are enlarged, replaced or upgraded.
CONSIDERATION AND POSSIBLE ACTION - WAIVER OF DECISION FINAL PLAT
OF SOUTHERN TRAILS SECTION 14
A request by Warren Escovy of LJA Engineering, applicant, on behalf of CL Ashton
Woods, LP, owner, for approval of a Waiver of Decision of Time for the Final Plat of
Southern Trails Section 14, a 78 lot single-family residential subdivision, to allow for the
approval and execution of a subdivision agreement, generally located 550 feet east of
the southeast corner of Southern Trails Drive and Ashton Oak Drive.
Legal Description: Being 38.254 acres of land located in the H.T. & B.R.R. Co. Survey,
Section 80, AKA J.S. Talmage Survey, Abstract No. 564, Brazoria County, Texas being
all of Lot 32 and a portion of Lots 23, 24, 25, 31, 33, 34, 42, 43, and 44 of said Section
80, of the Allison Richey Gulf Coast Home Company part of Suburban Gardens, a
subdivision of record in Volume 2, Page 98, Plat Records, of said Brazoria County,
more particularly being a portion of residue of that certain 522.62 acre tract described in
the deed from Ashton Southern Trails joint Venture to CL Ashton Woods, L.P., recorded
under Doc. #2005016204, in the Official Records of Brazoria County, Texas (B.C.O.R.).
General Location: Approximately 550 feet east of the southeast corner of Southern
Trails Drive and Ashton Oak Drive.
No action required, as the waiver was not needed.
CONSIDERATION AND POSSIBLE ACTION - FINAL PLAT OF SOUTHERN TRAILS
SECTION 14
Request by Warren Escovy of LJA Engineering, applicant, on behalf of CL Ashton
Woods, LP, owner, for approval of a Waiver of Decision of Time for the Final Plat of
Southern Trails Section 14, a 78 lot single-family residential subdivision, to allow for the
Minutes of the P&Z Regular Meeting
May 20, 2013
Page 4 of 6
approval and execution of a subdivision agreement, generally located 550 feet east of
the southeast corner of Southern Trails Drive and Ashton Oak Drive.
Legal Description: Being 38.254 acres of land located in the H.T. & B.R.R. Co. Survey,
Section 80, AKA J.S. Talmage Survey, Abstract No. 564, Brazoria County, Texas being
all of Lot 32 and a portion of Lots 23, 24, 25, 31, 33, 34, 42, 43, and 44 of said Section
80, of the Allison Richey Gulf Coast Home Company part of Suburban Gardens, a
subdivision of record in Volume 2, Page 98, Plat Records, of said Brazoria County,
more particularly being a portion of residue of that certain 522.62 acre tract described in
the deed from Ashton Southern Trails joint Venture to CL Ashton Woods, L.P., recorded
under Doc. #2005016204, in the Official Records of Brazoria County, Texas (B.C.O.R.).
General Location: Approximately 550 feet east of the southeast corner of Southern
Trails Drive and Ashton Oak Drive.
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 stating there were no outstanding items.
The vote was 6-0. The Final Plat of Southern Trails Section 14 was approved.
CONSIDERATION & POSSIBLE ACTION — FIVE-YEAR CAPITAL IMPROVEMENT
PROGRAM 2014 - 2018
P&Z Vice Chairperson Linda Cowles made the motion to approve, and P&Z
Commissioner Matthew Hanks seconded.
Discussion ensued with Commissioner Tunstall stating he would like to see the Mykawa
Road project moved to a sooner date, and Chairperson Fuertes stated he would like to
see an emphasis placed on the McHard & Mykawa Road projects, and to be moved
along quicker.
P&Z Vice Chairperson Linda Cowles amended her original motion to approve with two
recommendations, and P&Z Commissioner Matthew Hanks seconded.
1. Mykawa Road Project moved up
2. McHard Road Project moved up
The vote was 6-0. The Five -Year Capital Improvement Program 2014 — 2018 was
approved with recommendations.
DISCUSSION ITEMS
Minutes of the P&Z Regular Meeting
May 20, 2013
Page 5 of 6
1. Commissioners Activity Report — nothing reported.
2. Next P&Z Regular Meeting — June 03, 2013. Commissioner Matthew Hanks stated
he would not be available to attend. City Planner Harold Ellis stated that Merrie
Talley would also be attending and doing a workshop on amenitizing detention
ponds.
3. APA National Conference — discussion with regards to staff and Commissions
attendance at the conference in Chicago, Illinois was deferred to the June 3, 2013
meeting.
ADJOURNMENT
Chairperson Henry Fuertes adjourned the meeting at 10:03 p.m.
These minutes are respectfully submitted by:
Judy Brbwn, ice oordinator
Minutes approved as submitted and/or corrected on this 3rd day of June 2013, A.
P&Z hair on Henry Fu rtes
Minutes of the P&Z Regular Meeting
May 20, 2013
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