2014-06-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING OF
THE CITY OF PEARLAND, TEXAS, ON MONDAY, JUNE 16, 2014, AT 6:30 P.M. IN
THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE
CALL TO ORDER
P&Z Chairperson Henry Fuertes opened the P&Z Regular Meeting at 8:09 p.m.
In attendance were:
P&Z Chairperson Henry Fuertes
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, Associate Planner Ian Clowes,
Assistant City Engineer Richard Mancilla and Office Supervisor Judy Brown.
CONSENT AGENDA
P&Z Commissioner Daniel Tunstall asked that Consent Agenda Item D be removed from
the Consent Agenda for further discussion.
A. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Approve the Minutes of the May 19, 2014, p.m. P&Z Regular Meeting, held
at 6:30 p.m.
2. Approve the Minutes of the June 2, 2014, p.m. P&Z Regular Meeting, held
at 6:30 p.m.
B. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW
CREEK RANCH SF -63B
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 63B, a 69 lot
single-family residential subdivision on 18.094 acres of land, to wit:
Legal Description: Being a subdivision of 18.094 acres of land situated in the
S.G. Haynie Survey, Abstract 620, City of Pearland, Fort Bend County, Texas.
General Location: Generally located 600 feet west of Trinity Bay Dr. south of
Shadow Creek Pkwy.
Minutes of the P&Z Regular Meeting
June 16, 2014
Page 1 of 7
C. CONSIDERATION & POSSIBLE ACTION - FINAL PLAT OF SHADOW
CREEK RANCH SF -64
A request by Rene Rodriguez, from LJA, applicant, on behalf of 741 SCR, LTD,
owner, for approval of a Preliminary Plat of Shadow Creek Ranch - SF 64, a 38
lot single-family residential subdivision on approximately 14.021 acres of land,
to wit:
Legal Description: Being a subdivision of 14.021 acres of land situated in the
H.T.&B.R.R. Co. Survey, Abstract 565, City of Pearland, Fort Bend County,
Texas.
General Location: Generally located at the southeast corner of Kingsley Dr.
and Trinity Bay Dr.
D. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF
HIGHLAND PARK
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of
Beazer Homes Texas, LP, owner; for approval of a Preliminary Plat of Highland
Park, a 56 lot subdivision on 19.445 acres of land, to wit:
Legal Description: Being a subdivision of land containing 19.455 acres of land
situated in the H.T. & B.R.R. Co. Survey, Section 1, Abstract 233, and the
D.H.M. Hunter Survey Abstract 76, City of Pearland Texas, County of Brazoria,
Texas.
General Location: Generally located at the intersection of Old Alvin Rd. and
Highland Park Dr.
P&Z Chairperson Elizabeth McLane made the motion to approve items A - C as presented
on the Consent Agenda, and P&Z Vice Chairperson Mary Starr seconded
The vote was 7-0. Items A - C on the Consent Agenda were approved.
II. MATTERS REMOVED FROM CONSENT AGENDA
As requested by P&Z Commissioner Daniel Tunstall, Consent Agenda Item D was
removed for further discussion.
D. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF
HIGHLAND PARK
Minutes of the P&Z Regular Meeting
June 16, 2014
Page 2of7
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of
Beazer Homes Texas, LP, owner; for approval of a Preliminary Plat of
Highland Park, a 56 lot subdivision on 19.445 acres of land, to wit:
Legal Description: Being a subdivision of land containing 19.455 acres of
land situated in the H.T. & B.R.R. Co. Survey, Section 1, Abstract 233, and
the D.H.M. Hunter Survey Abstract 76, City of Pearland Texas, County of
Brazoria, Texas.
General Location: Generally located at the intersection of Old Alvin Rd. and
Highland Park Dr.
Associate Planner Ian Clowes stated that all of the requirements were met and
staff recommended approval. Commissioner Derrick Reed requested that all
Preliminary Plats be removed from the Consent Agenda in the future in order
to discuss. Associate Planner Clowes stated if a plat meets all the
requirements, code dictates it must be approved.
P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z
Vice Chairperson Mary Starr seconded.
The vote was 7-0. Preliminary Plat of Highland Park was approved.
OLD BUSINESS
A. CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT
APPLICATION NO. 2014-04
A request of Chan Patel with Sparkles Express, applicant; on behalf of The Old
Place, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for
an Auto Wash (Self Service) within the General Business (GB) zoning district,
on approximately 1. 10 acres of land on the following described property, to wit:
Legal Description: A tract or parcel containing 1.1019 acres or 47,999 square
feet of land, out of a called 9.993 acre tract situated in the H.T. & B.R.R. CO.
Survey, Abstract No. 506, Brazoria County, Texas Conveyed to the Old Place,
Inc. as recorded in the Brazoria County Clerk's File No. 97-001270, Brazoria
County, Texas
General Location: Approximately 1.1 acres of land included in a larger tract
of land located at the northwest corner of Broadway Street and Hillhouse Road,
Pearland, Texas
City Planner Johnna Matthews stated the case will remain postponed and will
Minutes of the P&Z Regular Meeting
June 16, 2014
Page 3 of 7
be back on the agenda July 7, 2014 for a vote. No action necessary.
IV. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — PLANNING and ZONING
VARIANCE 2014-02
A request by Russ Holland., applicant; on behalf of Pavilion ENTB — Pearland
East, LP, owner; for approval of a Planning and Zoning Variance to allow a
minimum of 75 -foot lot width where 150 feet is required within the General
Commercial (GC) zoning district, to wit:
Legal Description: Being a 1.446 acre tract of land out of the Final Plat NTB
Pearland Store as recorded in Volume 24, Page 395 Plat Records of Brazoria
County, lying in the W.D.C. Hall League Survey, Abstract 70 and being out of
any part of that 17.5068 acre tract deeded to Milestone Partners, LTD by deed
recorded in Brazoria County Clerk's file number 98-045867.
General Location: Generally located at 1505 Broadway St.
P&Z Commissioner Elizabeth McLane made the motion, and P&Z Vice -
Chairperson Mary Starr seconded.
Associate Planner Ian Clowes read the staff report stating there were no
conditions and recommended approval.
The vote was 7-0. Planning & Zoning Variance 2014-02 was approved.
B. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION
NO. 2014-06Z
A request of Evelyn Pineda, owner/applicant; for approval of a change in zoning
from Single Family Residential 2 (R-2) to Office and Professional (OP) on
approximately 0.21 acres of land, to wit:
Legal Description: A tract of land being known as Lot 15 of Darlinda Addition,
a subdivision in Brazoria County Texas as recorded in Volume 7, Page 20 of
the Plat Records of said Brazoria County, and being the same tract of land as
described in deed to Ernesto Perez and Evelyn Pineda under Clerk's File
Number 2006042620 of the Real Property Records of said Brazoria County.
General Location: South side of Broadway Street, and approximately 100 feet
from the intersection of Broadway Street and Ray Street, Pearland, TX
Item was withdrawn. No action necessary.
Minutes of the P&Z Regular Meeting
June 16, 2014
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C. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION
NO. 2014-07Z
LJA Engineering, applicant; on behalf of Robert Alexander, owner; for approval
of a change in zoning from Office and Professional (OP), General Business
(GB) and Single Family Residential 2 (R-2) to General Business (GB) on
approximately 26.5 acres of land, to wit:
Legal Description: Being 26.524 acres of land located in the Thomas J.
Green Survey, Abstract No. 198, Brazoria County, Texas, more particularly
being a portion of the residue of that certain called 140.6899 acre tract
conveyed to Martha Alexander Crouch by instrument of record in Volume 1595,
Page 422 of the Deed Records of said Brazoria County (B.C.D.R.) and a
portion of the residue of that certain called 172.0566 acre tract conveyed to
Robert L. Alexander by instrument of record in Volume 1725, Page 193
(B.C.D.R.), Brazoria County, Texas
General Location: Southeast corner of Pearland Parkway and Barry Rose
Road, Pearland, TX
P&Z Commissioner Derrick Reed made the motion to approve, and P&Z
Commissioner Daniel Tunstall seconded.
P&Z Commissioner Linda Cowles agreed this needed to be a Planned
Development and would like to see some of the uses excluded while getting a
quality development.
P&Z Chairperson Henry Fuertes stated there were three (3) options: to
approve, deny or postpone.
P&Z Commissioner's Reed and Tunstall both stated they were ready to vote.
Discussion ensued with the Commission discussing a motion to postpone the
zone change. Commissioner Reed withdrew his motion to approve. The motion
to approve died for lack of a second.
P&Z Commissioner Daniel Tunstall made the motion to postpone, and P&Z
Commissioner Linda Cowles seconded.
City Planner Johnna Matthews explained that the Zone Change was advertised
as General Business (GB) and could not be brought back as a Planned
Development (PD).
The vote was 7-0. Zone Change Application No. 2014-07Z was postponed.
Minutes of the P&Z Regular Meeting
June 16, 2014
Page 5 of 7
D. CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION
NO. 2014-08Z
A request of Evelyn Pineda, owner/applicant; for approval of a change in zoning
from Single Family Residential 2 (R-2) to Office and Professional (OP) on
approximately 0.44 acres of land, to wit:
Legal Description: Being a tract of land containing 0.4362 acres (19,000
square feet), situated in the H.T. & R.R.R. Survey, Abstract No. 543, Brazoria
County, Texas, being out of the H.C. Johnson 1.0 acre tract out of Lot 1 of a
subdivision of Section 4 recorded in Volume 410, Page 536 of the Deed
Records of Brazoria County, Texas, Brazoria County, Texas
General Location: Northwest corner of Walnut Street and Johnson Street,
Pearland, TX
P&Z Commissioner Daniel Tunstall made the motion to approve, and P&Z
Commissioner Derrick Reed seconded.
There was no discussion.
The vote was 7-0. Zone Change Application No. 2014-08Z was approved.
E. CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT
APPLICATION NO. 2014-03
A request of Verret Group, applicant; on behalf of Vineyard Christian Fellowship
of Pearland, owner; for approval of a Conditional Use Permit (CUP) to allow for
a church on approximately 4.83 acres of land on the following described
property, to wit:
Legal Description: 4.83 acres (210,206 square feet), all of a called 4.826 acres
being the south 129' of Lot 79 and the north 214' of Lot 78, Figland Orchard,
H.T. and B.R.R. Survey, Abstract 240, Brazoria County, Texas.
General Location: East side of Harkey Road, between Josephine Street to the
north and Fite Road to the south, Pearland, TX
P&Z Commissioner Elizabeth McLane made the motion to approve, and P&Z
Commissioner Linda Cowles seconded, with staff's recommendation to approve
with the condition, as described in the staff report.
There was no discussion
Minutes of the P&Z Regular Meeting
June 16, 2014
Page 6 of 7
The vote was 7-0. Conditional Use Permit Application No. 2014-03 was
approved with the following condition:
1). as approved with the expired CUP that was approved for a church in 2008,
no access to the site shall be granted via Bardet Street.
F. DISCUSSION ITEMS
Commissioners Activity Report — Commissioner McFadden stated she read
an article regarding car washes noting that the type of car wash that was
recently before them was the new trend and it started in the College Station
area. Commissioner Reed stated he was on the Board of Directors at the
Houston Community Tool Bank stating they provide tools to non-profit
organizations, service projects, churches, schools.
2. Comprehensive Plan Update — P&Z Workshop will be on July 21, 2014
3. Next P&Z Meeting July 7, 2014 — Commissioner McFadden will not be in
attendance on the 7th, and Vice -Chairperson Starr may not be.
Commissioner Cowles stated she would not be available on July 21St
4. Election of Officers July 7, 2014
V. ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular Meeting at 8:57 p.m.
These minutes were respectfully submitted by:
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y rown, Office Supervisor
Minutes approved as submitted and/or corrected on this 7th day of Jule 2014, A.
Henry Fuertes, Chairperson
Minutes of the P&Z Regular Meeting
June 16, 2014
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