2014-04-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND,
TEXAS, MONDAY, APRIL 21, 2014, AT 6:30 P.M., COUNCIL CHAMBERS - CITY
HALL - 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
Chairperson Henry Fuertes opened the P&Z Regular Meeting at 7:59 p.m.
In attendance were:
P&Z Chairperson Henry Fuertes
P&Z Vice Chairperson Mary Starr
P&Z Member Elizabeth McLane
P&Z Member Derrick Reed
P&Z Member Linda Cowles
P&Z Member Daniel Tunstall
P&Z Member Ginger McFadden
Also in attendance were City Planner Johnna Matthews, Director of Community
Development Lata Krishnarao, Deputy City Attorney Nghiem Doan, Assistant City
Manager Mike Hodge, Associate Planner Ian Clowes and Office Supervisor Judy
Brown.
APPROVAL OF MINUTES
Commissioner Daniel Tunstall made the motion to approve the minutes of the P&Z
Regular Meeting held on April 7, 2014, and Vice -Chairperson Mary Starr seconded.
EXCUSED ABSENCE
Vice -Chairperson Mary Starr made the motion to excuse Commissioner Linda Cowles
from the P&Z Regular Meeting of April 7, 2014, and Commissioner Elizabeth McLane
seconded.
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE NO. 2014-3Z
A request of Alan Mueller, applicant; on behalf of David Miller; Gromax Building, LTD;
First Christian Academy; Harvest of Praise Exalted (HOPE); Barnett's, LTD.; and City of
Pearland, owners; for approval of a change in zoning to amend the Magnolia Court at
Old Town Pearland Planned Unit Development (PUD) including approximately 4.048
acres of land, on the following described property, to wit:
Legal Description: All of lots 1 through 40, inclusive in Block 15, all of lots 24 through
29, inclusive in Block 16 and all of lots 20 through 25, inclusive in Block 14 in the
Minutes of the P&Z Regular Meeting
April 21, 2014
Page 1 of 7
Original Town site of Pearland as recorded in Volume 29, Page 41 in Brazoria County
Deed Records, and a 0.148 acre tract as described in Volume 29, Page 41 in the
Brazoria County Deed Records, and a 0.148 acre tract as described in Volume 1479,
Page 559 in Brazoria County Deed Records, all in the H.T. & B.R.R. Co. Survey,
Abstract No. 232 in Brazoria County, Texas. Called Magnolia Court at Old Town
Pearland.
General Location: East and west of N. Washington Avenue; east and west of N.
Texas Avenue; between W. Jasmine Street to the north and Broadway Street to the
south
P&Z Chairperson Henry Fuertes read into the record the zone change request.
Commissioner Linda Cowles made the motion to approve, and Commissioner Elizabeth
McLane seconded.
City Planner Johnna Matthews summarized the staff report stating the purpose of the
original PUD was to allow for multiple owners within the district for greater flexibility in
selling individual tracts. Staff recommends that no restrictions be placed on Tracts 1, 2,
4 and 7; the addition of "Community or Social Buildings" be applied for Tracts 3 and 6;
all uses within the OT -GB zoning district and Parking for Tract 10; and any new signage
shall comply to Chapter 4, Division 5 of the Unified Development Code (UDC).
Chairperson Henry Fuertes inquired about the statement by the applicant to prohibit
churches, and applicant Alan Mueller stated this was a request from the existing church.
Mr. Mueller stated that if it was a concern, the church would attend the first reading.
Commissioner Daniel Tunstall commented that staff's recommendation was well
thought out and it is only fair that no restrictions for churches be added. Mr. Mueller
added that there were numerous owners to the tracts and they all had to agree with the
restriction.
The vote was 7-0. Zone Change No. 2014-3Z was approved.
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE NO. 2014-4Z
A request of the City of Pearland for approval of a change in zoning to amend the LNR
Clear Creek Spectrum PUD to restrict loading bays and similar activities facing Kirby
Drive, within the approximately 60 acre PUD, on the following described property, to wit:
Legal Description: 60 acres (2,613,600 square feet) of land situated in the James
Hamilton Survey, Abstract No. 876, being all of lots 39, 39 1/2,40,401/2,41,41 1/2,42,42
'/2, 55, 551/2, 56 and 56 '/2 in Section or Block "F" in the Allison -Richey Gulf Coast Home
Co.'s part of Suburban Gardens Subdivision recorded in Volume 3, page 40 of the map
records of Harris County, Texas.
General Location: South of Beltway 8, north and south of Riley Road, east and west of
Minutes of the P&Z Regular Meeting
April 21, 2014
Page 2 of 7
Kirby Drive and east of Hooper Road
Chairperson Henry Fuertes read into the record the request for a zone change.
Commissioner Linda Cowles made the motion to approve, and Commissioner Elizabeth
McLane seconded.
City Planner Johnna Matthews summarized the staff report stating that the LNR Clear
Creek Spectrum PUD does not prohibit bay doors/loading doors, and this amendment
will allow with restrictions of a 250 foot setback and screening.
Commissioners Elizabeth McLane, Linda Cowles stated they supported staff's
recommendations. Chairperson Henry Fuertes stated he supported the
recommendation with a variance or a conditional use permit if sliding glass doors are
needed.
Deputy City Attorney Nghiem Doan explained the legal interpretation and the need for
this amendment due to MHI's original plans that showed loading doors facing Kirby
which would have been permitted by the current PUD. However, loading bays and
loading docks would not be permitted by the current PUD.
Community Development Director Lata Krishnarao explained that loading doors lead to
access and more pavement in front, and the loading and unloading activity in the front.
Commissioner Elizabeth McLane stated that often we allow any business in the city. It
is time for the P&Z Commission to require something nicer for Kirby.
Vice -Chairperson Mary Starr stated there were three other sides of the building that
would permit loading doors.
Discussion ensued with regards to the language (fronting verses facing Kirby), ability of
future applicants to seek variations through PUD amendments, and a process that
would be similar to the CUP process.
The vote was 6-1. Zone Change No. 2014-4Z was approved. Commissioner Daniel
Tunstall voted in opposition with no explanation.
CONSIDERATION & POSSIBLE ACTION - REQUEST FOR A WAIVER OF
DECISION OF TIME FOR THE FINAL PLAT OF GOLFCREST ESTATES
A request by Chad Gormly of Gormly Surveying, Inc., applicant; on behalf of Howard
Palmer, owner; for approval of a Waiver of Decision of Time for the Final Plat of
Golfcrest Estates, a 7 lot subdivision on 4.59 acres of land, to allow for additional time to
resolve all outstanding items, to wit
Legal Description: Being a 4.59 acre tract of land, being out of a tract of land as
Minutes of the P&Z Regular Meeting
April 21, 2014
Page 3 of 7
conveyed to Golfcrest Country Club by deed as recorded in Volume 7259, Page 5,
Deed Records, Harris County, Texas, Situated in the W.D.0 Hall Survey, abstract 23,
Harris County, Texas.
General Location: Generally located at the 2700 Block of Country Club Drive.
Vice -Chairperson Mary Starr made the motion to approve, and Commissioner Linda
Cowles seconded.
Associate Planner Ian Clowes read the staff report stating the applicant is waiting on the
infrastructure to be completed.
The vote was 7-0. The Request for a Waiver of Decision of Time for the Final Plat of
Golfcrest Estates was approved.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF GOLFCREST ESTATES
A request by Chad Gormly of Gormly Surveying, Inc., applicant; on behalf of Howard
Palmer, owner; for approval of a Final Plat of Golfcrest Estates, a 7 lot subdivision on
4.59 acres of land, to wit
Legal Description: Being a 4.59 acre tract of land, being out of a tract of land as
conveyed to Golfcrest Country Club by deed as recorded in Volume 7259, Page 5,
Deed Records, Harris County, Texas, Situated in the W.D.0 Hall Survey, abstract 23,
Harris County, Texas.
General Location: Generally located at the 2700 Block of Country Club Drive.
No action necessary as the Waiver of Decision 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
Homes 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, to wit
Legal Description: Being 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: Generally located at the 4000 Block of Springfield Ave.
Commissioner Linda Cowles made the motion to approve, and Vice -Chairperson Mary
Starr seconded.
Minutes of the P&Z Regular Meeting
April 21, 2014
Page 4 of 7
Associate Planner Ian Clowes read the staff report stating the property consisted of two
zones: PD and R-2 and met the requirements for both. Staff recommends approval.
The vote was 7-0. The Final Plat of Canterbury Park Section 2 was approved.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW CREEK
RANCH SF -63A
A request by Rene Rodriguez, from LJA, applicant, on behalf of 741 SCR, LTD, owner,
for approval of a Final Plat of Shadow Creek Ranch - SF 63A, a 29 lot single-family
residential subdivision on 11.080 acres of land, to wit
Legal Description: Being a subdivision of 11.080 acres of land situated in the S.G.
Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas.
General Location: Generally located approximately 600 feet south of the intersection of
Shadow Creek Pkwy and Trinity Bay Dr.
Commissioner Elizabeth McLane made the motion to approve, and Vice -Chairperson
Mary Starr seconded.
Associate Planner Ian Clowes read the staff report stating there were no outstanding
items and staff recommends approval.
The vote was 7-0. The Final Plat of Shadow Creek Ranch SF -63A was approved.
CONSIDERATION & POSSIBLE ACTION — REPLAT OF BROADWAY KINGSLEY
SQUARE
A request Jerry Scott of Terra Surveying, applicant; on behalf of SCR C20B
Development, L.P., owner; for approval of a Replat of Broadway Kingsley Square, a 3
lot commercial subdivision on 8.0135 acres of land, to wit
Legal Description: Being a subdivision containing 8.0135 acres of land situated in the
H.T. & B.R.R. Company survey, Section 82, Abstract No. 565, Brazoria County, Texas,
and Being a Replat of Lot 2 in Block 1 of Broadway Kingsley Square according to the
plat thereof recorded under Brazoria County Clerks File No. 2013011790 City of
Pearland, Brazoria County, Texas.
General Location: Generally located at the 12600 Block of Broadway St.
Commissioner Linda Cowles made the motion to approve, and Commissioner Ginger
McFadden seconded.
Chairperson Henry Fuertes stated he would participate in any discussion but would
abstain from voting.
Minutes of the P&Z Regular Meeting
April 21, 2014
Page 5 of 7
Associate Planner Ian Clowes read the staff report stating there were no outstanding
items and staff recommended approval.
The applicant, Mr. Jerry Scott was present and briefly spoke of the development.
Associate Planner Ian Clowes stated that plans were submitted to build a Walmart
Grocery store, not a full retail store.
The vote was 5-1. Commissioner Derrick Reed voted in opposition with no explanation
given. Chairperson Henry Fuertes abstained from voting.
CONSIDERATION & POSSIBLE ACTION — PLANNING AND ZONING VARIANCE
2014-01
A request by Erica Stephens., applicant and owner; for approval of a Planning and
Zoning Variance to allow a minimum of 90 -foot lot width where 120 feet is required, on
the following described property, to wit
Legal Description: Being a tract of land containing 3.2533 -acres (141,715 ) square
feet) out of tract 18 of the Allison -Richey Gulf Coast Home Company's Subdivisions
Section 20, situated in the H.T & B.R. CO survey, A-506 In Bazoria County, Texas as
recorded in Volume 2, page 23 of the plat records of Brazoria County, Texas and also
being described as a 3.25 -acre tract as conveyed unto Martha Lane Grayner and
Lonnie W. Butler, Jr as recorded in county clerks file No. 94-003918, O.P.R.R.P.H.C. of
Brazoria County, Texas.
General Location: Generally located at 1852 Hillhouse Rd.
Commissioner Elizabeth McLane made the motion to approve, and Commissioner
Daniel Tunstall seconded.
Associate Planner Ian Clowes read the staff report stating there was a correct to the
application and should read -Variance 2014-01, not 2014-04. Mr. Clowes stated the
applicant was unable to meet the requirement of the three driveway for five lots and was
seeking a variance to allow a minimum of 90 -foot lot width where 120 feet is required.
Ms. Erica Stephens, applicant and owner was present and spoke briefly how the bank
and title company would not allow them to build the driveways on the easements and
thus were seeking a variance.
The vote was 7-0. The P&Z Variance 2014-01 was approved.
DISCUSSION ITEMS
1. Commissioners Activity Report — there was no discussion.
Minutes of the P&Z Regular Meeting
April 21, 2014
Page 6 of 7
2. National APA Conference, April 26-30, 2014, Atlanta, Georgia —
Community Development Director Lata Krishnarao spoke of the two
commissioners and two staff members attending the conference.
3. Comprehensive Plan Update - Community Development Director Lata
Krishnarao stated that staff had a meeting scheduled with the
consultant for April 24, 2014
4. Next P&Z Meeting May 5, 2014. The Commissioner's commented on
the trouble they had downloading the agenda packet from the new City
website, and Office Supervisor Judy Brown stated that the issue would
be discussed and resolved with our Communications Department and
I.T. Department.
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P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 9:08 p.m.
These minutes were respectfully submitted by:
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Jd4y brown, Office Supervisor
Minutes approved as submitted and/or corrected on this 17th day of March 201 .
Hen Fuertes, Chairperson
Minutes of the P&Z Regular Meeting
April 21, 2014
Page 7 of 7