2014-09-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER
15, 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 meeting for the P&Z Regular Meeting at
7:34 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 Linda Cowles
P&Z Member Ginger McFadden
Also in attendance were Director of Community Development Lata Krishnarao, City
Planner Johnna Matthews, Senior Planner Ian Clowes, Deputy City Attorney Nghiem
Doan and Office Supervisor Judy Brown.
CONSENT AGENDA
P&Z Vice Chairperson Daniel Tunstall made the motion to approve the Consent
Agenda, P&Z Commissioner Elizabeth McLane seconded.
The vote was 6 — 0. The Items on the Consent Agenda were approved.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES:
Approve the Minutes of the August 18, 2014, p.m. P&Z Regular Meeting, held at 6:30
P.m.
Excuse the Absence of Daniel Tunstall from the August 4, 2014 P&Z Regular meeting.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF OAKBROOK ESTATES
SECTION 9
A request by Alex Van Duzer of Cobb Fendley, applicant, on behalf of Oakbrook
Estates, LTD, owner, for approval of a Final Plat of Oakbrook Estates Section 9, a 46 lot
single-family residential subdivision, to wit:
Legal Description: Being a subdivision of 15.379 acres of land situated in the W.D.C.
Hall League, Abstract No. 70, Brazoria County MUD 17, City of Pearland, Brazoria
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County, Texas
General Location: 3800 Block of Oak Bent Drive, Pearland, TX.
MATTERS REMOVED FROM CONSENT AGENDA - None
OLD BUSINESS
CONSIDERATION AND 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 (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 Bagnoliin 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 Derrick Reed made the motion to approve Zone Change Application
No. 2014-10Z with conditions. P&Z Commissioner Elizabeth McLane seconded.
City Planner Johnna Matthews stated the case was postponed to address staff
comments. The applicant proposed a mixed use development on approximately 47.7
acres which would be constructed in 3 phases. Staff recommended approval with the
following conditions:
1. Correct labeling of exhibits. The PD references inaccurate exhibits, exhibits are
not in sequential order, and detailed information is not included within the
exhibits, such as legends.
2. Amend language regarding platting on page 4, which states "Lake Park Town -
Homes as rental will have no platted lots." Consider "Lake Park Town -Homes as
rental will have no individual platted lots, and will be platted as per the UDC."
3. "Hardscape and gathering areas" are proposed to be counted towards the
landscaping requirement. Landscaping is comprised of pervious surfaces (allows
infiltration of water into the soil) integrated with living plant material, including
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September 15, 2014
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trees, shrubs, flowers, grass, or other living ground cover or native vegetation.
Please remove, as hardscape is not counted towards landscaping.
4. Clarification is required regarding residential parking requirements. Specifically,
include the breakdown of surface parking, residential driveway parking, and
garage spaces, for each phase, (in Exhibits C and D), similar to that provided in
Exhibit B.
Discussion ensued with regards to amenities, trails, parking, and scale of setback from
pipeline easement.
Vice Chairperson Daniel Tunstall asked Mr. James Johnson what projects he had been
involved with in the Pearland area. Mr. Johnson replied Southgate, Southern Trails, and
Southfork. P&Z Commissioner Ginger McFadden inquired if Town Homes were still
intended to be leased. Mr. Johnson replied yes and that he would like to make private
ownership to individuals with the same management company an option in the future.
Director of Community Development Lata Krishnarao spoke of additional conditions of
approval.
5. Clearly include language stating that all amenities and public and private
improvements, will be constructed in Phase 1; prior to the issuance of a
Certificate of Occupancy.
6. Roadway improvements for the entire development, based on the TIA, will be
constructed in Phase 1, prior to issuance of a Certificate of Occupancy, for any
building.
7. Include language in the PD regarding setbacks of buildings from the existing
pipeline easement.
8. Phasing of entryways/access points into the development must conform to the
City's codes, including Fire codes.
P&Z Commissioner Derrick Reed made the motion to amend the approval of Zone
Change Application No. 2014-10Z to include staff recommended conditions. P&Z
Commissioner Elizabeth McLane seconded.
The vote was 5-1. P&Z Chairperson Henry Fuertes voted in opposition. Zone Change
Application No. 2014-10Z was approved with the following conditions:
1. Correct labeling of exhibits. The PD references inaccurate exhibits, exhibits are
not in sequential order, and detailed information is not included within the
exhibits, such as legends.
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September 15, 2014
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2. Amend language regarding platting on page 4, which states "Lake Park Town -
Homes as rental will have no platted lots." Consider "Lake Park Town -Homes as
rental will have no individual platted lots, and will be platted as per the UDC."
3. "Hardscape and gathering areas" are proposed to be counted towards the
landscaping requirement. Landscaping is comprised of pervious surfaces (allows
infiltration of water into the soil) integrated with living plant material, including
trees, shrubs, flowers, grass, or other living ground cover or native vegetation.
Please remove, as hardscape is not counted towards landscaping.
4. Clarification is required regarding residential parking requirements. Specifically,
include the breakdown of surface parking, residential driveway parking, and
garage spaces, for each phase, (in Exhibits C and D), similar to that provided in
Exhibit B.
5. Clearly include language stating that all amenities and public and private
improvements, will be constructed in Phase 1; prior to the issuance of a
Certificate of Occupancy.
6. Roadway improvements for the entire development, based on the TIA, will be
constructed in Phase 1, prior to issuance of a Certificate of Occupancy, for any
building.
7. Include language in the PD regarding setbacks of buildings from the existing
pipeline easement.
8. Phasing of entryways/access points into the development must conform to the
City's codes, including Fire codes.
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION — EXTENSION OF DIXIE FARM AND
TALL OAK CLUSTER DEVELOPMENT PLAN
A request by Korie Johnston of DR Horton, applicant and Kathy Jan Freeman and Kim
Freeman, owner (s), for approval of an extension of a Cluster Development Plan on a
14.3 acre tract of land for a single-family residential subdivision, to wit:
Legal Description: Being 11.933 acres of land located in the W.D.C. Hall League,
Abstract 70, Brazoria County, Texas, more particularly being a portion of Lot 3 and Lot 4
of the George W. Jenkins Subdivision, a subdivision of record in Volume 79, Page 616
of the Brazoria County Deed Records (B.C.D.R.), also being the residue of a 7.5 acre
tract (described as the Southwest 3/ of Lot 3) of which an undivided one-half interest
was conveyed to Kim Freeman by instrument of record in File Number 99-010744 of the
Brazoria County Official Records (B.C.O.R.) and an un -divided '/4 interest, each, was to
Kim Freeman and Kathy Jan Freeman, by instrument of record in File number 96-
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044065 of said B.C.O.R., and the residue of a 5 acre tract (described as southwest '/2 of
Lot 4) of which an undivided one-half interest was conveyed to Kathy Freeman, by
instrument of record in File number 99-0010744, of said B.C.O.R. and an undivided one
fourth interest, each, was conveyed to Kim Freeman and Kathy Jan Freeman by
instrument of record in File Number 96-044065, of said B.C.O.R., and;
Being 2.387 acres of land located in the W.D.C. Hall League, Abstract 70, Brazoria
County, Texas, more particularly being a portion of Lot 3 of the George W. Jenkins
Subdivision, a subdivision of record in Volume 79, Page 616 of the Brazoria County
Deed Records (B.C.P.R.), and being the residue of a 2.5 acre tract (described as the
Northeast '/4 of Lot 3) conveyed to Kathy Freeman by instrument of record in Volume
1009, Page 57 of said B.C.D.R.
General Location: Northeast corner of Dixie Farm Road and Tall Oak Drive, Pearland,
TX
Senior Planner Ian Clowes stated that no changes were proposed, the applicant had not
platted yet and that the applicant is only seeking the extension of the cluster plan for an
additional year.
P&Z Commissioner Linda Cowles made the motion to approve Extension of Dixie Farm
and Tall Oak Cluster Development Plan, P&Z Commissioner Derrick Reed seconded.
The vote was 6-0. Extension of Dixie Farm and Tall Oak Cluster Development Plan was
approved.
CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
2014-08
A request of Pirooz Farhoomand, applicant; on behalf of Artisan Estates, L.P., owner;
for approval of a Conditional Use Permit to allow for a Church, Temple, or Place of
Worship in the Neighborhood Services (NS) Zoning District; on approximately 2.225
acres of land, to wit:
Legal Description: Being a tract of land containing 2.225 acre (96,940 square feet)
tract of land in the H.T. & B.R.R. Co. Survey, Abstract 309, Brazoria County, Texas.
Said 2.225 acre tract is in the south one-half of Lot 30 of the Allison -Richey Gulf Coast
Home Company's part of Suburban Gardens Subdivision as recorded in Volume 2,
Page 23 of the Brazoria County Map records and is further described as being part of a
tract of land described in a deed conveyed from Garfield Clark, Jr. to Danny L. Blumrick
executed on March 10, 1999 as recorded in Clerk's file No. 99 012327 in the Brazoria
County Clerk's and all of a 0.9326 acre tract of land described in a deed conveyed from
Garfield Clark, Jr. to Danny L. Blumrick executed on November 28, 2000 as recorded in
Clerk's File No. 01 034492 in the Brazoria County Clerk's Office, Brazoria County,
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Texas
General Location: 3030 Cullen Parkway, Pearland, TX
Senior Planner Ian Clowes briefed the Commission on the staff report. There was no
discussion.
P&Z Commissioner Linda Cowles made the motion to approve Conditional Use Permit
No. 2014-08, P&Z Commissioner Ginger McFadden seconded.
The vote was 6-0. Conditional Use Permit No. 2014-08 was approved.
CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION NO.
2014-6Z
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: 4602 Broadway Street, Pearland, TX
Senior Planner Ian Clowes gave a brief recap of the case to the Commission. Mr.
Clowes explained that this was a zone change and that any other developmental issues
would be dealt with at a later time.
P&Z Commissioner Elizabeth McLane made the motion to approve Zone Change
Application No. 2014-6Z, P&Z Commissioner Derrick Reed seconded.
The vote was 6-0. Zone Change Application No. 2014-6Z was approved.
CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION NO.
2014-15Z
A request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of Parkside
59/288 LTD, owner; for approval of an amendment to the Business Center PD; on
approximately 29.331 acres of land, to wit:
Legal Description: Being 29.331 acres of land located in the H.T. & B.R.R. Company
Survey, Section 81, Abstract Number 300, Brazoria County, Texas, being a portion of
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Lots 38, 39, 40, 49 and 50 of the Allison Richey Gulf Coast Home Company's Part of
Suburban Gardens, a subdivision of record in Volume 2, Page 98 of the Brazoria
County Plat Records, being a portion of Business Center Planned Development Tract
C-4, the plat thereof recorded under Document Number 2013-033688 in the Official
Public Records of Brazoria County Texas, further being the residue of a 30.583 acre
tract (Part One) and the residue of a 9.990 acre tract (Part Two) described in the deed
from Compass Bank to Parkside 59/288 LTD. Recorded under Document No.
2011012491, in the Official Public Records of Brazoria County, Texas.
General Location: Northwest corner of County Road 59 and State Highway 288
Pearland, TX
City Planner Johnna Matthews read the staff report stating that staff recommended
approval with the following conditions:
1. Incorporate graphics and images showing the facades pf the proposed changes
to facade materials.
2. Spacing of shrubs included in the landscape buffer.
3. Provide for screening of the proposed Detention Pond B, along the North
property line.
Mr. Kerry Gilbert spoke representing Parkside Capital, stating that they did not have an
issue with addressing staff comments in the PD.
P&Z Commissioner Elizabeth McLane made the motion to approve Zone Change
Application No. 2014-15Z, P&Z Vice Chairperson Daniel Tunstall seconded.
The vote was 6-0. Zone Change No. 2014-15Z was approved.
CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION NO.
2014-16Z
A request of LJA Engineering, applicant; on behalf of A S 121 Pearland Parkway -
Broadway Street, L.P., owner; for a change in zoning to amend the Province Village PD,
on approximately 1.707 acres of land, to wit:
Legal Description: Being 1.707 acres of land located in the Thomas J. Green Survey,
Abstract 198, Brazoria County, Texas, more particularly being all of Lot A and a portion
of Lot B, Block 1 of Amending Plat No. 1, Province Village Drive, Office Park and
Reserves, a subdivision of record under Doc # 2008019410 of the Official Public
Records of Brazoria County, Texas (B.C.O.P.R.).
General Location: Southeast corner of Province Village Drive and Pearland Parkway,
Pearland, Texas
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City Planner Johnna Matthews read the staff report stating that staff recommended
approval with the following conditions:
1. Staff recommends that a note is added in the PD that the development will
comply with all Corridor Overlay District (COD) standards along with Pearland
Parkway, including street trees, ornamental trees, etc. All standards along the
Province Village Drive shall follow the GB zoning district, unless included within
the PD as a variation.
2. The applicant has indicated the intent to meet the sign regulations of the UDC.
However, the sign exhibit does not meet the requirements of the UDC, as it
relates to the effective area of the sign. Staff recommends that the exhibit is
modified accordingly.
P&Z Commissioner Linda Cowles made the motion to approve Zone Change
Application No. 2014-16Z, P&Z Vice Chairperson Daniel Tunstall seconded.
The vote was 6-0. Zone Change No. 2014-16Z was approved.
DISCUSSION ITEMS
1. Commissioners Activity Report — P&Z Chairperson Henry Fuertes spoke of
designs in other cities. P&Z Vice Chairperson Daniel Tunstall spoke of
pipelines.
2. Comprehensive Plan Update — Director of Community Development Lata
Krishnarao stated a joint workshop would take place in October or
November.
3. Zoning Update — City Planner Johnna Matthews stated Modern Green
would have its first reading on September 22, 2014. Ms. Matthews also
stated that the planning department was waiting on the Pearland Market
Place resubmittal and Bak's Brewery was going for its second reading.
P&Z Commissioners Derrick Reed and Daniel Tunstall expressed concern
regarding changes to Modern Green after P&Z approval. Director of
Community Development Lata Krishnarao stated the legal department
would oversee any changes & procedures to be approved.
4. Commissioner's Annual Questionnaire — All members completed the
questionnaire.
5. Texas APA State Conference — October 15-18 Frisco, TX
6. Next P&Z Meeting - October 6, 2014
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ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 8:42 p.m.
These minutes were respectfully submitted y:
nifer Tatum, & rice Assistant
Minutes approved as submitted and/or corrected on this 21St day of April 2014, A.D.
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