2014-10-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 20,
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 8:15
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 Mary Starr
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 Assistant Jennifer Tatum.
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CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES:
Approve the Minutes of the October 6, 2014 P&Z Regular Meeting, held at 6:30 p.m.
Excuse the Absence of Henry Fuertes and Elizabeth McLane from the October 6,
2014 P&Z Regular meeting.
P&Z Vice Chairperson Daniel Tunstall made the motion to approve the Consent Agenda,
P&Z Commissioner Derrick Reed seconded.
The vote was 5 — 0. The Items on the Consent Agenda were approved.
I � I AYR -.1114 1 Z 14*1.1
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2014-17Z
A request of Sergio Guzman, owner/applicant; for approval of a change in zoning from
Single Family Residential -1 (R-1) to General Business (GB) on approximately 0.90 acres
of land, to wit:
Legal Description: Tract No. 26 of Westchester Estates, according to the Jack C.
McKnight Survey thereof dated April 6, 1962, a partition in the H.T. & B. Railroad Survey,
Abstract 242, Brazoria County, Texas.
General Location: 2701 Westchester Circle, Pearland, TX
Minutes of the P&Z
Regular Meeting
October 20, 2014
City Planner Johnna Matthews read the staff report and stated staff recommended
approval.
P&Z Vice Chairperson Daniel Tunstall inquired if the land was just under one acre and if it
had a driveway on Broadway Street. Senior Planner Ian Clowes replied yes. Mr. Tunstall
also asked if there were any other buildings on the property. City Planner Johnna
Matthews stated no. P&Z Chairperson Henry Fuertes stated that he remembered another
property on Westchester had applied for a zone change and it was denied due to it not
facing Broadway Street. He wanted it noted that if this zone change was approved, it did
not mean that others would be approved as well.
P&Z Vice Chairperson Daniel Tunstall made the motion to approve Zone Change
Application 2014-17Z, P&Z Commissioner Elizabeth McLane seconded.
The vote was 5-0. Zone Change Application No. 2014-17Z was approved.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2014-18Z
A request of Arnold A Patterson, applicant; on behalf of Pearland New Harvest Christian
Fellowship, Inc. owner; for approval of a change in zoning from the Single Family
Residential — 1 (R-1) zoning district to the General Business (GB) zoning district; on
approximately 3.850 acres of land, to wit:
Legal Description: Being a 3.850 acre tract in the H.T. & B.R.R. Company Survey,
Abstract No. 564, Brazoria County, Texas. Said 3.850 acre tract is in Lot 1, Block 1 of the
New Harvest Christian Fellowship Subdivision as recorded in Clerk's File No.
2010052506 in the Brazoria County Official Public Records, Brazoria County, Texas
General Location: 12216 Broadway Street, Pearland, TX
Senior Planner Ian Clowes read the staff report and stated that staff could not recommend
approval due to the Future Land Use Designation and the abutting residential
neighborhood.
P&Z Chairperson Henry Fuertes stated that the homeowners in the neighborhood behind
the site bought their homes with the understanding that a church would be the only thing
developed on that land. Mr. Fuertes stated that letting anything else be developed on this
site would be unfair to them. Mr. Fuertes also spoke about Candlewood suites in regards
to height restrictions, and whether or not a CUP would be a better option. Deputy City
Attorney Nghiem Doan stated that the R-1 zone did allow for a CUP, but a zone change
would need to be done first. P&Z Commissioner Mary Starr inquired if Office Professional
would be a better option. Director of Community Development Lata Krishnarao stated that
this property was eligible for a Planned Development. P&Z Vice Chairperson Daniel
Tunstall stated that he did not want to approve a GB zone change for this property. Mr.
Tunstall also stated that the residents did their research before purchasing their property
Minutes of the P&Z
Regular Meeting
October 20, 2014
and did not want a business behind their homes.
P&Z Vice Chairperson Daniel Tunstall made the motion to approve Zone Change
Application 2014-18Z, P&Z Commissioner Mary Starr seconded.
The vote was 0-5. Zone Change Application 2014-18Z was denied.
CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT
APPLICATION NO. 2014-09
A request of BGE Kerry R. Gilbert & Associates, applicant; on behalf of George Fishman,
owner; for approval of a Conditional Use Permit to allow for a Nursing/Convalescent
Home within the Business Park — 288 (BP -288) zoning district, on approximately 9.4
acres of land, to wit:
Legal Description: Being a 9.4083 tract of land located in the H.T. & B.R.R. Company
Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract being all of a called
3.39 acre tract of land recorded in the name of George D. and Mary Fishman in Clerk's
File Number 2005061002 of the Official Records of Brazoria County (O.R.B.C.) Texas,
the remainder of a called 3.3 acre tract of land (North 3.3 acres) recorded in the
name of George D. and Mary Fishman in Clerk's File Number 97-015077 of the O.R.B.C.
and the remainder of a called 3.3 acre tract of land (South 3.3 acres) recorded in the
name of George D. and Mary Fishman in Clerk's File Number 97-010496 of the O.R.B.C.
General Location: West side of Business Center Drive, south of Pearland
Town Center, Pearland, TX
P&Z Commissioner Mary Starr left the chamber.
City Planner Johnna Matthews read the staff report and stated staff recommended
approval with the following conditions:
1. In addition to the proposed screening wall, staff recommends a vegetative screen,
on the east side of the proposed screening wall (within the proposed 30 -foot buffer)
to provide a visual screen from the proposed wall. The vegetative screen shall
incorporate plantings and shrubs. Shrubs shall be placed a minimum of 3 feet on
center.
2. The applicant has also applied for a variance to create a flag lot. All conditions
approved with the variance must also be adhered to. Staff's recommended
conditions for the reference include the following:
a. The access easement located within the pole portion of the subject
parcel shall be treated as City Street, requiring 1 caliper inch of tree
for every 15 feet of frontage on either side of the easement, with each
tree having a minimum of 2 caliper inches.
Minutes of the P&Z
Regular Meeting
October 20, 2014
b. Sidewalks shall be required along both sides of the access easement
located within the pole portion of the subject parcel and connect to
both Business Center Drive, and to planned walkways within the
development.
P&Z Chairperson Henry Fuertes stated that the applicant/owner was creating their own
hardship regarding the detention and stated that the applicant was not being forced to do
this. Mr. Fuertes stated that he would like to see wet detention and inquired what staffs
stand point was. City Planner Johnna Matthews stated that staff would like to see
amenitized detention. P&Z Vice Chairperson Daniel Tunstall inquired about the height of
the proposed building. Kathryn Edwards with BGE Kerry Gilbert & Associates stated it
would probably be 1 story, no more than 2. P&Z Commissioner Elizabeth McLane inquired
about the sidewalks and coming to an agreement with staff about them. Ms. Edwards
stated that the easement belonged to Centerpoint and she was unsure about being able to
put the sidewalks in. Mr. Fuertes stated that the owner of the property was able to put in
sidewalks. Mr. Fuertes also inquired if the city had a preference on type of detention.
Interim City Engineer Richard Mancilla stated the city did not have a preference, just
concerned with capacity. P&Z Vice Chairperson Daniel Tunstall stated he would like to see
more amenities and landscaping. Discussion ensued concerning the quality of the site
plan that was provided and lack of photos. Ms. Edwards stated she would provide more
photos in the future. Ms. Edwards also stated that this was going to be a high end
development and would provide vegative screening on all sides of the development.
Discussion ensued in regards to postponing the application.
P&Z Commissioner Derrick Reed made the motion to postpone Conditional use Permit
Application 2014-09Z, P&Z Vice Chairperson Daniel Tunstall seconded.
The vote was 4-0. Zone Change Application 2014-09Z was postponed until January 30,
2015.
CONSIDERATION AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE
2014-04
A request by Luther Daly of Costello, Inc., applicant; on behalf of George and
Mary Fishman, owner; for approval of a Planning and Zoning Variance to allow a
minimum of 145.42 -foot lot width where 150 feet is required within the existing
Business Park 288 (BP -288) zoning district on 9.4083 acres of land, to wit:
Legal Description: A subdivision of 9.4083 acres of land located in the
H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County, Texas.
General Location: Located on the west side of Business Center Drive, south of Pearland
Town Center.
Minutes of the P&Z
Regular Meeting
October 20, 2014
P&Z Commissioner Elizabeth McLane made the motion to approve Planning and Zoning
Variance 2014-04Z, P&Z Vice Chairperson Daniel Tunstall seconded.
Senior Planner Ian Clowes read the staff report and stated that staff was unable to
recommend approval.
Ms. Kathryn Edwards stated the applicant's intent was to produce as many lots as
possible. Senior Planner Ian Clowes stated that there was not a hardship of the land and
that a flag lot was not the only option. Mr. Clowes stated if the flag pole was done away
with, the applicant could move the lots around. Deputy City Attorney Nghiem Doan stated
that the applicant was making this a hard ship on themselves. Discussion ensued in
regards to postponement.
The vote was 3-1 with Henry Fuertes in favor. Planning & Zoning Variance 2014-04Z was
denied.
CONSIDERATION AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE
2014-05
A request by Luther Daly of Costello, Inc., applicant; on behalf of George and Mary
Fishman, owner; for approval of a Planning and Zoning Variance to allow for a flag lot
within the existing Business Park 288 (BP -288) zoning district on 9.4083 acres of land, to
wit:
Legal Description: A subdivision of 9.4083 acres of land located in the
H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County, Texas.
General Location: Located on the west side of Business Center Drive, south of
Pearland Town Center.
P&Z Vice Chairperson Daniel Tunstall made the motion to approve Planning and Zoning
Variance 2014-05, P&Z Commissioner Derrick Reed seconded.
Senior Planner Ian Clowes read the staff report stating staff recommended approval
with the following conditions:
1. The access easement located within the pole portion of the subject parcel shall be
treated as a City Street, requiring 1 caliper inch per each 15 feet of frontage on
either side of the easement, with each tree having a minimum of 2 caliper inches.
3. Sidewalks shall be required along both sides of the access easement located within
the pole portion of the subject parcel and connect to both Business Center Drive,
and to planned walkways within the development.
P&Z Vice Chairperson Daniel Tunstall stated that this was not a normal layout and
that he was opposed to a flag lot. Discussion ensued in regards to the variance, lay
Minutes of the P&Z
Regular Meeting
October 20, 2014
out of the lot, and conditions listed in the UDC.
P&Z Vice Chairperson Daniel Tunstall made the motion to postpone Planning & Zoning
Variance 2014-05 until January 30, 2015. P&Z Commissioner Elizabeth McLane
seconded.
The vote was 4-0. Planning & Zoning Variance 2014-05 was postponed until Juanuary 30,
2015
CONSIDERATION AND POSSIBLE ACTION — AMENDMENT TO 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 3/4 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
96-044065 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, Page616 of the Brazoria County Deed Records
(B.C.P.R.), and being the residue of a 2.5 acre tract (described as the Northeast '/ 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.
P&Z Commissioner Elizabeth McLane made the motion to approve Amendment to Dixie
Farm and Tall Oak Cluster Development Plan with conditions. P&Z Commissioner
Derrick Reed seconded.
Senior Planner Ian Clowes read the staff report stating staff recommended approval with
the followina conditions:
Minutes of the P&Z
Regular Meeting
October 20, 2014
1. Label the overall layout exhibit.
2. Provide a legend for symbols on overall layout exhibit.
3. Masonry fences along the rear portions of the lots adjacent to Dixie Farm Road
are required to be installed per 4.2.4.1 (c) (1) of the UDC.
4. Provide originally approved exercise stations as an amenity around the
proposed amenitized detention area.
5. Emergency Access Easement must be relocated in order to meet the
requirements of the International Fire Code.
P&Z Vice Chairperson Daniel Tunstall inquired about the issues the Fire Department
had with the plan and wanted to know when the Commission would be able to see the
plat. Mr. Tunstall also stated that several of the lots were dangerous due to their
location to the pipeline easement. Senior Planner Ian Clowes stated that there were 30
lots so it would need a 2nd access point and the plat would be provided once it was
submitted. Mr. Alan Mueller with Gromax Development stated he agreed with staff
conditions. Mr. Mueller stated they had a different builder, added exercise stations back
into the plan, and needed more detention. Senior Planner Ian Clowes stated that staff
had not seen the revised plans, but if conditions were met then staff would be able to
move forward.
The vote was 4-1 with Daniel Tunstall opposed. Amendment to Dixie Farm and Tall Oak
Cluster Development was approved with the following conditions:
1. Label the overall layout exhibit.
2. Provide a legend for symbols on overall layout exhibit.
3. Masonry fences along the rear portions of the lots adjacent to Dixie Farm
Road are required to be installed per 4.2.4.1 (c) (1) of the UDC.
4. Provide originally approved exercise stations as an amenity around the
proposed amenitized detention area.
5. Emergency Access Easement must be relocated in order to meet the
requirements of the International Fire Code.
DISCUSSION ITEMS
P&Z Regular Meeting
September 15, 2014
Page 7 of 8
Commissioners Activity Report — Lata Krishnarao stated we would talk about the state
APA conference at the next meeting and that the Nationals are in April.
Comprehensive Plan Update — Lata Krishnarao stated there was not an update and that
staff was still working with the consultant.
Commissioner Expiration of Term — City Planner Johnna Matthews stated that P&Z
Commissioners Linda Cowles and Daniel Tunstall terms end in November of 2014 and
that interviews would be held on November 3, 2014.
ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 9:49 p.m.
These minutes were respectfully submitted by
Jennifer Tatum, Office Assistant
Minutes approved as submitted and/or corrected on thi 3rd day of November 2014,
A. D. -
Henry Fuertes, Chairperson
P&Z Regular Meeting
September 15, 2014
Page 8 of 8