2014-07-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING
OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JULY 21, 2014, AT 6:30
P.M. IN THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE
I. CALL TO ORDER
Chairperson Henry Fuertes opened the P&Z Regular meeting at 9:01 p.m.
In attendance were:
P&Z Chairperson Henry Fuertes
P&Z Vice Chairperson Daniel Tunstall
P&Z Member Elizabeth McLane
P&Z Member Derrick Reed
P&Z Member Ginger McFadden
P&Z Member Mary Starr
Also in attendance were Director of Community Development Lata Krishnarao,
City Planner Johnna Matthews, Senior Planner Ian Clowes, Interim City Engineer
Richard Mancilla, City Attorney Darrin Coker and Office Supervisor Judy Brown.
II. CONSENT AGENDA
Vice Chairperson Daniel Tunstall requested to remove Items B, C and G from the
Consent Agenda.
A. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES FOR
P&Z REGULAR MEETING OF JULY 7, 2014.
D. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF EMERALD
CROSSING STREET DEDICATION
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of 518
SCR, LTD, owner; for approval of a Final Plat of Emerald Crossing, a 0.550
acre street dedication located within the Southlake Subdivision, to wit
Legal Description: Being a subdivision of 0.550 acres of land in the H.T. &
B.R.R. Co. Survey, Section 84, Abstract 538, City of Pearland, Brazoria
County, Texas
General Location: A half a mile south of the intersection of Broadway St. and
Southlake Blvd, east of Southlake Blvd.
E. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF ENCLAVE AT
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 1 of 10
HIGHLAND GLEN SECTION 1
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of
Greg Coleman with Beazer Homes, owner; for approval of a Final Plat of
Enclave at Highland Glen Section 1, a 20 lot subdivision on 2.056 acres of
land, to wit:
Legal Description: A subdivision of land containing 8.2 acres of land out of
the Thomas J. Green Survey, A-290, City of Pearland Texas, County of
Brazoria, Texas.
General Location: Generally located at the intersection of Hughes Rd. and
Alexander Way.
F. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF HIGHLAND
CROSSING SECTION 3
A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of
Beazer Homes, owner for approval of the Final Plat of Highland Crossing
Section 3, generally located 1000 feet northeast from the intersection of
McHard Rd. and Old Alvin Rd. for 50 lots on 12.8 acres, on the following
described property, to wit:
Legal Description: Being 12.8 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: Approximately 1000 feet northeast from the intersection of
McHard Rd. and Old Alvin Rd.
H. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF PEARLAND
LAKES SECTION 1
A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of
Beazer Homes, LP c/o Greg Coleman, owner for approval of the Final Plat of
Pearland Lakes Section 1, generally located at the 2500 Block of Miller Ranch
Rd. on the following described property, to wit
Legal Description: Being 21 acres of land out of the H.T. &B.R.R.R. Co.
Survey, A-233 and R.B. Lyle Survey, Section 85, A-304 City of Pearland.
Brazoria County, Texas.
General Location: 2500 Block of Miller Ranch Road
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 2 of 10
1. CONSIDERATION & POSSIBLE ACTION — REPLAT OF PROVINCE
VILLAGE LOT A
A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of
Stan Beard of Newquest Properties, owner for approval of the Replat of
Province Village Lot A, generally located at the southeast corner of Pearland
Parkway and Province Village Drive on the following described property, to
wit
Legal Description: A subdivision of 1.707 acres of land situated in the
Thomas J. Green Survey, Abstract 198, and being a replat of Lot "A" and a
part of Lot "B" of Province Village Drive Office Park and Reserves, a plat
recorded in document No. 2007070406 of the Brazoria County Official Public
Records, City of Pearland, Brazoria County, Texas.
General Location: Southeast corner of Pearland Parkway and Province
Village Drive.
J. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW
RIDGE SECTION 1
A request by Rene Rodriguez of LJA Engineering, applicant, on behalf of
Development Consultants Inc., owner for approval of a Final Plat of Shadow
Ridge Section 1, a residential subdivision on 34.2 acres of land, and
consisting of 115 single family lots.
Legal Description: Being 34.2 acres of land out of the William Pettus League
Survey, A-68 City of Pearland, Brazoria County, Fort Bend County, Texas.
General Location: 13000 Block of Broadway
K. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SOUTHLAKE
SECTION 5
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of 518
SCR, LTD, owner; for approval of a Final Plat of Southlake Section 5, a
61.889 acre single-family residential subdivision with 77 lots within the
Southlake Subdivision, to wit
Legal Description: A subdivision of 61.889 acres of land located in the H.T.
& B.R.R. Co. Survey, Section 84, Abstract Number 538, City of Pearland,
Brazoria County, Texas.
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 3 of 10
General Location: Approximately half of a mile south of the intersection of
Broadway and Southlake Blvd.
L. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SOUTHLAKE
SECTION 6
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of 518
SCR, LTD., owner; for approval of a Final Plat of Southlake Section 6, a 74 lot
single family subdivision on 22.133 acres of land within the Southlake
Subdivision, to wit:
Legal Description: A subdivision of 22.133 acres of land situated in the H.T.
& B.R.R. Co. Survey, Section 84, Abstract Number 538, City of Pearland,
Brazoria County, Texas.
General Location: Approximately half of a mile south of the intersection of
Broadway St. and Southlake Blvd.
M. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SOUTHLAKE
SECTION 7
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of 518
SCR, LTD., owner; for approval of a Final Plat of Southlake Section 7, a 62 lot
single family subdivision on 15.633 acres of land within the Southlake
Subdivision, to wit:
Legal Description: A subdivision of 15.633 acres of land situated in the H.T.
& B.R.R. Co. Survey, Section 84, Abstract Number 538, City of Pearland,
Brazoria County, Texas.
General Location: Approximately half of a mile south of the intersection of
Broadway St. and Southlake Blvd.
N. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SPICEWOOD
PINE STREET DEDICATION
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of 518
SCR, LTD, owner; for approval of a Final Plat of Spicewood Pine Lane, a
0.622 acre street dedication located within the Southlake Subdivision, to wit
Legal Description: Being a subdivision of 0.622 acres of land in the H.T. &
B.R.R. Co. Survey, Section 84, Abstract 538, City of Pearland, Brazoria
County, Texas
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 4 of 10
General Location: Three quarters of a mile south of the intersection of
Broadway St. and Southlake Blvd, east of Southlake Blvd.
O. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF WINDWARD
BAY STREET DEDICATION
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of 518
SCR, LTD, owner; for approval of a Final Plat of Windward Bay, a 2.043 acre
street dedication located within the Southlake Subdivision, to wit
Legal Description: Being a subdivision of 2.043 acres of land in the H.T. &
B.R.R. Co. Survey, Section 84, Abstract 538, City of Pearland, Brazoria
County, Texas and the H.T. & B.R.R. Co. Survey, Section 84, Abstract 767,
City of Pearland, Fort Bend County, Texas.
General Location: A quarter mile south of the intersection of Broadway St.
and Southlake Blvd, west of Southlake Blvd.
P&Z Commissioner Mary Starr made the motion to approve items on the Consent
Agenda — Items A, D, E, F, H, I, J, K, L, M, N, O, and P&Z Commissioner Elizabeth
McLane seconded.
The vote was 6-0. Consent Agenda Items - A, D, E, F, H, I, J, K, L, M, N, O were
approved.
III. MATTERS REMOVED FROM CONSENT AGENDA
B. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF
CANTERBURY PARK SECTION 3
A request by John Dreahn of Pape -Dawson Engineers, Inc., applicant; on
behalf of KB Home Lone Star, Inc., owner; for approval of a Preliminary Plat
of Canterbury Park Section 3, a 41 lot subdivision on 12.63 acres of land,
generally located at the 4000 Block of Springfield Ave., to wit:
Legal Description: A subdivision of land containing 12.63 acres out of B.F.
Drake Survey, A-507 and B.F. Drake Survey, A-508 within Canterbury Park
Section 1, Reserve B, as recorded under Vol. 2A, Pg. 112 Brazoria County
Plat Records, City of Pearland Texas.
General Location: 4000 Block of Springfield Ave.
P&Z Vice Chairperson Daniel Tunstall made the motion to approve, and P&Z
Commissioner Mary Starr seconded.
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 5 of 10
Discussion ensued pertaining to why the Preliminary Plats appear on the Consent
Agenda. City Attorney Darrin Coker clarified by stating the Consent Agenda is
ministerial. If all requirements for a plat have been met, then the Commission must
approve. Senior Planner Ian Clowes stated that all Preliminary Plats will have a plat
provided within the packet to preview. There was brief discussion confirming that the
sidewalks will be in place before the final plats are approved. Senior Planner Ian
Clowes confirmed yes, unless the applicant has a subdivision improvement agreement.
The vote was 6-0. The Preliminary Plat of Canterbury Park Section 3 was approved.
C. CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF COVINGTON
ESTATES
A request by John English of Rekha Engineering, Inc., applicant and R. West
Development, Inc., owner, for approval of the Final Plat of Covington Estates,
a 20 lot subdivision on a 9.64 acre tract of land, generally located at 2014
Hillhouse Road.
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 Daniel Tunstall made the motion to approve, and P&Z
Commissioner Mary Starr seconded.
Vice Chairperson Tunstall inquired if the Gazebo structure was the same as in the
Cluster Plan. Senior Planner Ian Clowes stated that documents are not as detailed as
staff wanted, but they meet all the requirements. In the future, if P&Z wants, they can
state the scale of which they want a structure to be built and give more specific details.
Mr. Tunstall asked the applicant why the Gazebo did not look the same as the example
in the site plan. Mr. Chad Thumann stated he felt it was nicer. The gazebo area had
stone, a grill and was larger with cedar instead of Hardiplank siding.
Mr. Tunstall inquired if the Final Plat had to be in place in order to get electricity. Senior
Planner Clowes stated yes, and that there was not anything on the staff level that would
hold up the plat. This would be a CenterPoint issue. Director Krishnarao stated
CenterPoint needs addresses and won't bring power to a site until addresses are in
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 6 of 10
place, and addressing is done after Final Plat approval. Director Krishnarao stated the
UDC explains a bond or surety can be put in place.
The vote was 5-1. The Final Plat of Covington Estates was approved. Vice -
Chairperson Daniel Tunstall voted in opposition.
G. CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF
HIGHLAND CROSSING SECTION 4
A request by Geoff Freeman of BGE Kerry Gilbert and Associates, applicant,
on behalf of Beazer Homes, owner for approval of the Preliminary Plat of
Highland Crossing Section 4, a 34 lot single family subdivision on 14.8 acres
of land generally located 1000 feet northeast from the intersection of McHard
Rd. and Old Alvin Rd. to wit:
Legal Description: Being 14.8 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: Approximately 1000 feet northeast from the intersection of
McHard Rd. and Old Alvin Rd.
Vice Chairperson Daniel Tunstall made the motion to approve, and P&Z Commissioner
Elizabeth McLane seconded.
Senior Planner Ian Clowes stated all requirements were met. There were no comments
from the Commission.
The vote was 6-0. The Preliminary Plat of Highland Crossing Section 4 was approved.
IV. NEW BUSINESS
A. CONSIDERATION OF POSSIBLE ACTION - ZONE CHANGE
APPLICATION NO. 2014-11Z
A request of Salim Obeid, LJA Engineering, applicant; on behalf of Robert
Lee Alexander, owner; by his attorney A.G.Crouch; for approval of a change
in zoning from Office Professional (OP), General Business (GB) and Single
Family Residential 2 (R2) to a non-residential Planned Development (PD)
known as Pearland Marketplace 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
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 7 of 10
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
Mary Starr seconded.
There was discussion with regards to the fence between the development and the
residents. City Planner Johnna Matthews stated the UDC requires either a 25 -foot
unobstructed buffer and a maximum 8 -foot screening wall or a 30 -foot vegetative
screen, dense enough to be completely opaque year round. Commissioner Tunstall
stated his concerns were the fencing and screening and would prefer to see an eight
(8') foot tall masonry fence.
There was also discussion with regards to the detention pond and if it would be wet or
dry, and with what type of features. The Commission stated a preference to dry
detention with landscaping.
Commissioner McLane discussed the need for noise reduction barriers. City Attorney
Darrin Coker stated the city had a noise ordinance, and the Commission could put in
place restriction on hours of operation.
Commissioner Derrick Reed amended the original motion to include conditions of
approval, and P&Z Commissioner Mary Starr seconded, with the following:
1. A 25 -foot buffer including an 8 -foot masonry wall where the development abuts
the existing single family subdivision, Banbury Cross; and
2. A landscape plan to illustrate enhanced landscaping and amenities for the
proposed dry detention pond.
The vote was 6-0. Zone Change Application No. 2014-11 Z was approved with the
above conditions.
B. CONSIDERATION OF POSSIBLE ACTION - ZONE CHANGE
APPLICATION NO. 2014-10Z
A request of James Johnson, Lake Park Pearland, Ltd., applicant; on behalf
of James Johnson, FYCW, Ltd, owner; for approval of a change in zoning
from Single Family Estate District (RE) to a mixed- use Planned Development
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 8 of 10
(PD) known as Pearland's Lake Park; on approximately 47 acres, to wit:
Legal Description: Being a 47.717 acre tract of land located in the W.B.
Dobson Survey, Abstract -1 87, in Brazoria County, Texas; said 47.717
acre tract being the remainder of a called 48.35 acre tract recorded in the
name of Bruno Bagnoli in Volume 339, Page 319, of the Brazoria County
Deed Records (B.C.D.R.), Brazoria County, Texas, Brazoria County, Texas
General Location: Northeast corner of Brookside Road and Cullen Parkway,
Pearland, TX
P&Z Commissioner Mary Starr made the motion to approve, and P&Z Chairperson
Henry Fuertes seconded.
There was much discussion with regards to phasing, pipelines, Parkland dedication
being met or fees being paid, and numerous outstanding items needing to be
addressed.
Commissioner Derrick Reed stated if he was to vote now, he would have to deny the
zone change. Vice -Chairperson Daniel Tunstall stated he would like to see packets
submitted without any staff comments or minimal comments.
P&Z Vice -Chairperson Daniel Tunstall made the motion to postpone indefinitely until
outstanding items have been addressed, and P&Z Commissioner Ginger McFadden
seconded.
The vote was 6-0. Zone Change Application No. 2014-10Z was postponed.
C. CONSIDERATION OF POSSIBLE ACTION — CONDITIONAL USE PERMIT
APPLICATION NO. 2014-05
A request of Raymond JJ Zhuo, applicant for Houston Chinese Church,
owner, for approval of a Conditional Use Permit to allow for a Church,
Temple, or Place of Worship in the Single Family Residential (R-1) Zoning
District, on the following described property, to wit:
Legal Description: Being 5.00 acres out of the G.T. & B.R.R. Company
Survey, A-304 in Brazoria County, Texas. Being the same land described as
5.00 acres in a warranty deed from Steven C. Muth to Houston Chinese
Church, dated July 5, 2007 and recorded as document No. 2007039242,
official records of Brazoria County, Texas.
General Location: 2500 Block of Miller Ranch Rd.
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 9 of 10
Senior Planner Ian Clowes briefed the Commission on the staff report recommending
one condition of approval: 1) the site be developed in accordance with the attached site
plan provided by the applicant.
Vice Chairperson Daniel Tunstall made the motion to approve with staff's comment, nd
Commissioner Derrick Reed seconded.
There was no discussion among the Commission or staff.
The vote was 6-0. The Conditional Use Permit Application No. 2014-05 was approved
with the following condition:
1) The site be developed in accordance with the attached site plan provided by the
applicant
V. DISCUSSION ITEMS
1. Commissioners Activity Report — there was nothing reported.
2. Comprehensive Plan Update - Director Krishnarao stated the last CPAC
meeting, #6, would be on July 22, 2014, and the P&Z would have a
workshop on August 4, 2014.
3. Zoning Update — City Planner Johnna Matthews gave a brief Zoning
update.
4. Next P&Z Meeting would be on August 4, 2014 — Meeting will take place in
the 2"d Floor Conference Room due to Budget Workshops beginning in
August through September.
VI. ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular Meeting at 10:43 p.m.
These minutes were respectfully submitted by:
- C I&' 7,t
Judy rown, ffi e Supervisor
Minutes approved as submitted on this 4t' day of Aug t, 2014 A.D.
Henry F ertes, P&Z Chairperson
Minutes of the
P&Z Regular Meeting
July 21, 2014
Page 10 of 10