2014-02-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY,
FEBRUARY 17, 2014, AT 6:30 P.M., COUNCIL CHAMBERS, CITY HALL, 3519
LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
P&Z Chairperson Henry Fuertes called the meeting to order at 9:50 p.m. with the
following in attendance:
Chairperson Henry Fuertes
P&Z Vice Chairperson Mary Starr
P&Z Commissioner Daniel Tunstall
P&Z Commissioner Elizabeth McLane
P&Z Commissioner Linda Cowles
P&Z Commissioner Derrick Reed
P&Z Commissioner Ginger McFadden
Also in attendance were Deputy City Attorney Nghiem Doan, Interim City Planner
Johnna Matthews, Associate Planner Ian Clowes, Director of Community Development
Lata Krishnarao and Office Supervisor Judy Brown.
APPROVAL OF MINUTES
A motion was made by Commissioner Daniel Tunstall, and seconded by Commissioner
Elizabeth McLane for the approval of the Minutes of February 3, 2014 P&Z Regular
Meeting.
The vote was 7-0. The minutes were approved
EXCUSE ABSENCE
A motion was made by Vice -Chairperson Mary Starr, and seconded by Commissioner
Linda Cowles to excuse the absence of P&Z Commissioner Ginger McFadden from the
P&Z Regular Meeting of February 3, 2014.
The vote was 7-0. The absence was excused.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION - THOROUGHFARE PLAN AMENDMENT
A request of the City of Pearland to amend the Thoroughfare Plan.
Minutes of P&Z Regular Meeting
February 17, 2014
Page 1 of 6
Commissioner Daniel Tunstall made the motion to approve, and Commissioner
Elizabeth McLane seconded.
Interim City Planner Johnna Matthews inquired if the Commission needed to hear the
staff report. None was necessary.
The vote was 7-0. The Thoroughfare Plan Amendment was approved.
CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT NO. CUP
2014-01
A request of Andrew Hinojosa, applicant; for James Leach, owner; for approval of a
Conditional Use Permit, within the Garden O'Day Mixed Use (G/O-MU) zoning district,
to allow an Auto Repair (Major) facility on approximately .63 acres of land, on the
following described property, to wit:
Legal Description: Block 3, Lot 9, being .63 acres of the Final Plat of Hickory Creek
Place; a subdivision of 100.09 acres of land comprised of 10 blocks and 133 lots; being
a subdivision of tracts 17, 18, 19, 20, 21, 30, 31, 32, 33 and 34 of a subdivision of the
H.T. & B. R.R. CO. Survey, Section 7, Abstract 219, Brazoria County, Texas.
General Location: 2106 O'Day Rd, Pearland, TX
Commissioner Derrick Reed made the motion to approve, and Commissioner Daniel
Tunstall seconded.
Interim City Planner Johnna Matthews presented the staff report.
Commissioner Ginger McFadden suggested the phasing of the work be put in place.
The applicant, Mr. Andrew Hinojosa stated they were not able to. Electricity was
required to do the stucco, and the permit could not be obtained for the electricity until
the Conditional Use Permit was approved.
Commissioner Daniel Tunstall suggested the applicant and staff meet and create a list
to figure out what could be done now and put a timeline and phasing schedule in place.
There was discussion with regards to the compressor and Mr. Hinojosa stated the
compressor would be in a separate closet style room, within the steel building to avoid
loud noise.
Commissioner Derrick Reed asked why the phasing schedule had not been submitted.
Mr. Hinojosa stated he was not aware he needed to. Commissioner Reed stated he
should submit something to staff. Mr. Hinojosa stated all improvements had to be
completed before the Tenant Occupancy could be issued.
Minutes of P&Z Regular Meeting
February 17, 2014
Page 2 of 6
Community Development Director Lata Krishnarao addressed the Commission and
stated that at the meeting with Mr. Hinojosa and Mr. Leach, they discussed the facade
being phased in, and added that some of the conditions could not be phased in but
could be allowed at a later time if a Surety Bond was put in place.
Mr. Hinojosa stated that the phasing schedule could not be done because of the cost of
the fagade and paving.
Chairperson Henry Fuertes recommended that staff work out the eight conditions with
the applicant within the next two weeks and bring back to the P&Z Commission. All
seven of the Commissioners agreed that the 8 conditions needed to be in place before
voting on it.
Commissioner Daniel Tunstall addressed Mr. Bill Perry, neighbor on O'Day Road who
opposed the Conditional Use Permit, explaining how staff, City Council and the
Commission have worked to come up with a compatable solution between the owner
and the neighbors. Community Development Director Lata Krishnarao stated that when
all is complete, the business will be the greatest looking business on O'Day Road.
Commissioner Derrick Reed made the motion to postpone until March 3, 2014, allowing
time for the eight (8) conditions of approval to be addressed, and Commissioner Daniel
Tunstall seconded.
The vote was 7-0. Conditional Use Permit No. 2014-01 was postponed.
CONSIDERATION & POSSIBLE ACTION — REQUEST FOR A WAIVER OF
DECISION OF TIME FOR THE FINAL PLAT OF CANTERBURY PARK SECTION 2
A request John Dreahn of Pape -Dawson Engineers Inc., applicant, on behalf of KB
Homes Lone Star Inc., owner for approval of a Waiver of Decision FOR the Final Plat of
Canterbury Park Section 2 a 51 lot subdivision on 13.21 acres of land within the
Canterbury Park Subdivision, to wit:
Legal Description: A subdivision of land containing 13.2144 acres out of the Canterbury
Park Section 1 Survey, City of Pearland Texas, County of Brazoria, Texas.
General Location: 4000 Block of Springfield Ave.
Commissioner Daniel Tunstall made the motion to approve, and Commissioner Derrick
Reed seconded.
Associate Planner Ian Clowes stated a new Development Agreement was in the
process of being submitted and so the applicant requested a waiver of decision for time.
Minutes of P&Z Regular Meeting
February 17, 2014
Page 3 of 6
The vote was 7-0. The Waiver of Decision of Time for the Final Plat of Canterbury Park
Section 2 was approved.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF CANTERBURY PARK
SECTION 2
A request by John Dreahn of Pape -Dawson Engineers Inc., applicant, on behalf of KB
Home Lone Star Inc., owner for approval of a Final Plat of Canterbury Park section 2, a
51 lot subdivision on 13.21 acres of land located within the Canterbury Park
Subdivision, to wit:
Legal Description: A subdivision of land containing 13.2144 acres out of the
Canterbury Park Section 1 Survey, City of Pearland Texas, County of Brazoria, Texas.
General Location: 4000 Block of Springfield Ave.
No action necessary as the Waiver of Decision for Time was approved.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF HIGHLAND CROSSING
SECTION 2
A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of Beazer
Homes Texas L.P., owner for approval of the Final Plat of Highland Crossing Section 2,
a 46 lot subdivision on 14.9 acres, generally located at the 1400 Block of Old Alvin Rd.,
on the following described property, to wit,
Legal Description: Being 14.9 acres of land out of the H.T. & B.R.R. Co. Survey, A-233
and D.H.M. Hunter Survey, A-76 City of Pearland. Brazoria County, Texas.
General Location: 1400 Block of Old Alvin Rd.
Commissioner Elizabeth McLane made the motion to approve, and Vice -Chairperson
Mary Starr seconded.
Associate Planner Ian Clowes stated no action was necessary as the plat was
incomplete and had been withdrawn.
Because the motion was on the table, Vice -Chairperson Mary Starr made the motion to
postpone until plat was brought back in, and Commissioner Elizabeth McLane
seconded.
The vote was 7-0. The Final Plat of Highland Crossing Section 2 was postponed.
Minutes of P&Z Regular Meeting
February 17, 2014
Page 4 of 6
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF ORCHARD GLEN
A request by Richard DeLeon of Lentz Engineering, applicant, on behalf of K Hovnanian
of Houston, owner for approval of the Final Plat of Orchard Glen, a 79 lot subdivision on
23.52 acres, generally located at the 3500 Block of Veterans Dr., on the following
described property, to wit:
Legal Description: Being 23.52 acres of land out of the H.T. &B.R.R. Co. Survey, Section
12, Abstract No. 508, City of Pearland, Brazoria County, Texas.
General Location: 3500 Block of Veterans Dr.
Commissioner Daniel Tunstall made the motion to approve, and Commissioner Ginger
McFadden seconded.
Associate Planner Ian Clowes stated the original Preliminary Plat was approved as
Pearland Farms Section II. The current developer renamed the subdivision Orchard
Glen. There was one outstanding item regarding a reserve that had been changed to 2
lots. Staff received the corrected plat showing the two (2) lots as one reserve, and
revised to show 77 lots instead of 79. Staff also had in place the Subdivision
Improvement Agreement.
Discussion ensued with regards to the Subdivision Improvement Agreement, the fact
that the Subdivision Improvement Agreement was not signed until the date of the P&Z
meeting, and lack of open space. Commissioner Daniel Tunstall stated that typically all
outstanding comments were to be addressed prior to the meeting for approval. Deputy
City Attorney Nghiem Doan stated that was true; however, a Subdivision Improvement
Agreement was in place and signed by city staff, and a new plat showing the reserves
had been submitted. There were no issues remaining with the plat. Associate Planner
Ian Clowes stated that the property had straight zoning and the developer chose to pay
Parkland fees in lieu of open space dedication.
Commissioner Daniel Tunstall also inquired about Storm water/Sewer being accepted,
TIA showing connecting street to other subdivision, drainage, and fencing not shown on
final plat. City Engineer Andrea Broughton addressed these issues.
Associate Planner Ian Clowes stated the motion should be amended to include the
specific lots dedicated as reserves.
Commissioner Linda Cowles made the motion to amend and include Lot 4 & Lot 5, of
Block 4 as recreational reserves, and Commissioner Elizabeth McLane seconded.
The vote was 7-0. The Final Plat of Orchard Glen was amended to include Lot 4 & Lot
5, of Block 4 as Recreational reserves.
Minutes of P&Z Regular Meeting
February 17, 2014
Page 5 of 6
The vote was 5-2. The Final Plat of Orchard Glen was approved. Commissioner Daniel
Tunstall and Chairperson Henry Fuertes voted in opposition.
DISCUSSION ITEMS
1. Commissioners Activity Report —Commissioner Elizabeth McLane
attended an HGAC workshop, Commissioner Daniel Tunstall and Vice -
Chairperson Mary Starr attended the joint workshop between City
Council and Pearland ISD. One common statement heard was "No
more apartments", and to have an event center.
2. National APA Conference, April 26-30, 2014, Atlanta, Georgia —
Commissioner Derrick Reed will be attending, and staff will get with the
other Commissioners to determine who else will be attending.
3. Next P&Z Meeting March 3, 2014
4. Comprehensive Plan Update — next CPAC meeting on February 19,
2014
5. Update on Pipeline Workshop —to be addressed in UDC T-17 update.
I. ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular Meeting at 10:57 PM.
These minutes were respectfully submitted by:
�f ri.
Judy B n, Office Supervisor
Minutes approved as submitted and/or corrected on this 3rd day of
March 2014, A.D.
14enry ruertes, Chairperson
Minutes of P&Z Regular Meeting
February 17, 2014
Page 6 of 6