2014-11-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, NOVEMBER 17,
2014, AT 7:00 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519
LIBERTY DRIVE, PEARLAND, TEXAS
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
P&Z Member Ginger McFadden
P&Z Member Thomas Duncan
CONSENT AGENDA
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND
EXCUSED ABSENCES
Approve the Minutes of the October 20, 2014 P&Z Regular Meeting, held at 6:30 p.m.
Excuse the Absence of Linda Cowles and Ginger McFadden from the October 20, 2014
P&Z Regular meeting.
CONSIDERATION AND POSSIBLE ACTION — FINAL 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: 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 Commissioner Mary Starr made the motion to approve the Consent Agenda, P&Z
Commissioner Elizabeth McLane seconded.
The vote was 7 — 0. The Items on the Consent Agenda were approved.
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 1 of 10
MATTERS REMOVED FROM CONSENT AGENDA
CONSIDERATION AND POSSIBLE ACTION — REPLAT OF SHADOW CREEK
RANCH — SF 57
A request by Rene Rodriguez, from LJA, applicant, on behalf of 741 SCR, LTD, owner,
for approval of a Replat of Shadow Creek Ranch - SF 57, a 94 lot residential subdivision
on 23,470 acres of land, to wit:
Legal Description: A subdivision of 23.470 acres of land situated in the F. Hooper
Survey, Abstract 198 and the H.T.& B.R.R. Co. Survey, Section 83, Abstract 761, City
of Pearland, Fort Bend County, Texas, same being a Partial Replat of Shadow Creek
Ranch SF -57, a subdivision recorded in Plat No. 20060296, Plat Records of Fort Bend
County, Texas.
General Location: Located at the northeast corner of Windward Bay Drive and
Broadway Street.
No action needed at this time.
CONSIDERATION AND POSSIBLE ACTION — REPLAT OF SHADOW CREEK
RANCH — SF 58
A request by Rene Rodriguez, from LJA, applicant; on behalf of 741 SCR, LTD, owner,-
for
wner;for approval of a Replat of Shadow Creek Ranch - SF 58, a 54 lot residential subdivision
located on 12.975 acres of land, to wit:
Legal Description: A subdivision of 12.975 acres of land situated in the H.T. & B.R.R.
Company Survey, Section 83, Abstract 761, City of Pearland, Fort Bend County, Texas,
same being a Partial Replat of Shadow Creek Ranch SF -58, a subdivision recorded in
Plat No. 20060297, Plat Records of Fort Bend County, Texas.
General Location: Located on the south side of Windward Bay Drive north of Shadow
Ridge.
No action needed at this time.
FINAL 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:
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 2 of 10
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.
P&Z Vice Chairperson Daniel Tunstall stated that he had an issue with the process; this
is why he moved to remove this item from the consent agenda. Mr. Tunstall stated that
he did not like seeing projects taking so long to be finished and finals should not be
voted on until they were complete. Senior Planner Ian Clowes stated that he was not
sure of the status, but a subdivision agreement was in place.
P&Z Vice Chairperson Daniel Tunstall made the motion to approve Final plat of
Highland Crossing Section 4, P&Z Commissioner Mary Starr seconded.
The vote was 6 — 1 with Daniel Tunstall in in opposition. Final Plat of Highland Crossing
Section 4 was approved.
OLD BUSINESS — (ITEMS POSTPONED TO JANUARY 30, 2015)
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
0.R.B.C.
General Location: West side of Business Center Drive, south of Pearland Town
Center, Pearland, TX
No Action needed at this time.
CONSIDERATION AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE
2014-05
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 3 of 10
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.
No action needed at this time.
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2014-19Z
A request of Chad Thumann, applicant; on behalf of Wayne Thumann, owner; for
approval of a change in zoning from the General Commercial (GC) and General
Business (GB) zoning districts to the General Business (GB) and Single Family - 1 (R-1)
zoning districts; on approximately 2.734 acres of land, to wit:
Legal Description: Being 1.385 acres of land out of called 14.0513 acres of land, said
14.135 being all of Lots 9 and 12 and Part of Lot 7 of partition of the East 1/2 of
Northwest '/4 of Section 15, HT&B RR Co. Survey, A-241, Brazoria County, Texas and
being the South 183.60 feet of Lot 8, and a portion of Lot 7 out of a called 14.0513 acre
tract being all of Lots 9 and 12 and Part of Lot 7 of partition of the East 1/2 of Northwest
'/4 of Section 15, HT&B RR Co. Survey, A-241, Brazoria County, Texas. According to
the Plat recorded in Vol. 441, Page 265 of the Deed Records of Brazoria County, Texas
General Location: 6906 Broadway Street, Pearland, TX
Senior Planner Ian Clowes read the staff report and stated staff recommended
approval.
Chad Thumann was present on behalf of the applicant. Mr. Thumann made a brief
presentation and stated he was available to answer any questions. No further
discussion ensued.
P&Z Commissioner Mary Starr made the motion to approve Zone Change application
2014-19Z, P&Z Commissioner Derrick Reed seconded.
The vote was 7 — 0. Zone Change application 2014-19Z was approved.
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 4 of 10
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2014-20Z
A request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of CL Ashton
Woods, LP., owner; for approval of a change in zoning to amend the Southern Trails
Planned Development (PD), from an overlay zoning district which allows for
Civic/Church uses to General Business (GB) uses; on approximately 0.9 acres of land
of the total 522.62 acres, to wit:
Legal Description: A certain parcel of ground together with all the buildings and
improvements being a portion of No. 2 Southern Trails Commercial No. 1, H.T. and
B.R.R. Company Survey, Section 84, A-538, City of Pearland, Brazoria County, Texas
General Location: South side of Broadway Street, between Windward Bay Drive to the
west and Kingsley Drive to the east, Pearland, TX
City Planner Johnna Matthews read the staff report stating staff recommended
approval. Mr. Kerry Gilbert was present on behalf of the applicant. Mr. Gilbert stated
that they were looking at retail, office professional or medical and that they were happy
to agree with the possibilities of use restrictions. P&Z Commissioner Derrick Reed
inquired about what kind of retail was being looked at and stated he would like to see
restrictions put in place. Mr. Gilbert stated that they were unsure at the moment. P&Z
Chairperson Henry Fuertes inquired whether or not the PD had restrictions on General
Business (GB) from the beginning. City Planner Johnna Matthews replied no.
Director of Community Development Lata Krishnarao stated that staff was looking to
continue a tree lined street on the adjacent stretch as required in the PD. Mr. Kerry
Gilbert stated that this land was not owned by the applicant and therefor they would be
unable to plant the trees. P&Z Vice Chairperson Daniel Tunstall stated that the
subdivision could be asked to beautify the property and that the request for the
applicant to do so could not be done. City Planner Johnna Matthews stated that staff
was requesting height, lot coverage, and set back standards. Mr. Kerry Gilbert stated he
was fine with this request.
P&Z Commissioner Mary Starr made the motion to approve Zone Change application
2014-20Z, P&Z Commissioner Ginger McFadden seconded with the following
restrictions:
The following uses shall be prohibited:
• Automobile and Automobile -Service Related Uses
• Animal/Pet-Related Uses
• Big Box/Department Stores
• Stand -Alone Restaurants
• Drive-Thru Restaurants
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 5 of 10
Screening to buffer the proposed non-residential development from the existing single
family subdivisions to the West and South shall be consistent in design, including
height, material, color, etc., with the existing screening wall provided by CVS to buffer
against adjacent single family subdivisions.
The vote was 7 — 0. Zone Change application 2014-20Z was approved with the
following conditions:
The following uses shall be prohibited:
• Automobile and Automobile -Service Related Uses
• Animal/Pet-Related Uses
• Big Box/Department Stores
• Stand -Alone Restaurants
• Drive-Thru Restaurants
Screening to buffer the proposed non-residential development from the existing single
family subdivisions to the West and South shall be consistent in design, including
height, material, color, etc., with the existing screening wall provided by CVS to buffer
against adjacent single family subdivisions.
CONSIDERATION AND POSSIBLE ACTION — LONGVIEW CLUSTER
DEVELOPMENT PLAN
A request by Jonathan Woodruff of DR Horton, applicant; on behalf of Assan Tran,
owner; for approval of a Cluster Development Plan, on a 9.56 acre tract of land, for a
single-family residential subdivision, to wit:
Legal Description: Being a 9.560 acre tract in the W.D.C. Hall League, Abstract No. 70,
Brazoria County, Texas. Said tract is a part of Lot 15 of the Geo. W. Jenkins
Subdivision as recorded in Volume 657, Page 616-617 of the Brazoria County Map
Records and is further described in deeds to W. O. Forrest and Mary Evelyn Forrest as
recorded in Volume 657, Page 275 and Volume 694, Page 401 of the Brazoria County
Deed Records.
General Location: Northwest corner of Dixie Farm Road and Forrest Lane Drive.
Senior Planner Ian Clowes read the staff report and stated staff recommended approval
and that staff was in favor of the amenities.
P&Z Commissioner Thomas Duncan inquired how the residents would exit the
subdivision. Senior Planner Ian Clowes stated that they would make a right in, and right
out. Mr. Alan Muellar stated that they may stretch the opening in the existing median.
P&Z Vice Chairperson Daniel Tunstall inquired if there were pipelines on the property.
Mr. Muellar stated that there was 1 in the corridor but didn't know the details. Mr.
Tunstall stated that he did not like the idea of the homes being on the pipeline and
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 6 of 10
suggested widening the lot that was on the pipeline. Mr. Muellar stated he would have
to decrease the size of all of the lots from 60 to 55 to make that happen. Mr. Tunstall
stated that the Planning & Zoning Commission must make this amendment as listed in
section 3. Mr. Tunstall stated that this pipeline was a high pressure gas line it was
unsafe. Mr. Muellar stated that high pressure was not defined. Senior planner Ian
Clowes stated that this would be determined in the survey and platting process.
P&Z Vice Chairperson Daniel Tunstall wanted to amend the motion to widen the left
most lot on the property. P&Z Commissioner Mary Starr did not concur.
P&Z Vice Chairperson Daniel Tunstall made the motion to approve the Longview
Cluster Development Plan, P&Z Commissioner Mary Starr seconded.
The vote was 6 — 1 with P&Z Commissioner Derrick Reed opposed. Longview Cluster
Development Plan was approved.
CONSIDERATION AND POSSIBLE ACTION — INDEPENDENCE PLACE CLUSTER
DEVELOPMENT PLAN
A request by Jonathan Woodruff of DR Horton, applicant; on behalf of Matt Pasternak,
owner; for approval of a Cluster Development Plan, on a 8.64 acre tract of land, for a
single-family residential subdivision, to wit:
Legal Description: Being a 4.818 acre tract of land, located in the T.D. Yocum Survey,
A-399, Brazoria County, Texas, out of 35.8 acre tract described as Second Tract, in the
deed from Rose S. Settegast and Julius J. Settegast Jr. to Aaron Pasternak, Trustee, as
described under Volume 1023, Page 297, in the County Clerk's Records of Brazoria
County, Texas, and;
Being a 3.806 acre tract of land, located in the W.D.C. Hall Survey, A-70, Brazoria
County, Texas, out of 297.58 acre tract described as First Tract, in the deed from Rose
S. Settegast, and Julius J. Settegast Jr. to Aaron Pasternak, Trustee, as described
under Volume 1023, Page 297, in the County Clerk's Records of Brazoria County,
Texas
General Location: Northwest corner of Liberty Drive and John Lizer Road.
Senior Planner Ian Clowes read the staff report stating that staff recommended denial.
Staff recommends denial of the Independence Place Cluster Development Plan, for the
following reasons, and with the following conditions:
1. The proposed Cluster Development Plan does not appear to meet the criteria of
approval for a Cluster Development Plan in the Unified Development Code.
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 7 of 10
2. The proposed lot width reductions could be achieved by a Zone Change to R-4
along with lot width variances from the Planning and Zoning Commission or via
an approved Planned Development.
3. Improvements proposed for Independence Park cannot count towards the
Cluster Plan requirements and have not been approved by the City of Pearland
Parks and Recreation Department.
Mr. Clowes stated that a pipeline and creek ran thru the property, the applicant could
not provide amenities, and that a crosswalk was wanted. Mr. Clowes also stated that
the open space requirement was not met
Mr. Paul Groman, representing the applicant, stated they were trying to make a difficult
site work and offered to amenitize the park. P&Z Chairperson Henry Fuertes stated that
this was a difficult site and that the city was not opposed to the site.
Senior Planner Ian Clowes stated that a cluster had to provide open space. Mr. Clowes
stated that the applicant did not meet the criteria for a cluster plan and that a straight
zone change to R-4 may be more appropriate. Mr. Clowes stated he was aware that the
applicant did not have the time for a zone change. Mr Groman stated that time was a
factor. P&Z Commissioner Derrick Reed inquired if a R4 zone change would be difficult
to obtain. Mr. Alan Muellar stated it was time that was a factor. Mr. Muellar also inquired
if there was anything that could be done to make this a cluster and if they did a R4 zone
change would open space be required. Mr. Clowes stated that open space would not be
required with an R4 zone change.
P&Z Vice Chairperson Daniel Tunstall inquired if staff knew what the plan was for John
Lizer. Mr. Clowes replied no. Mr. Tunstall stated that he agreed with staff in that this did
not meet the requirements for a cluster plan and that the ditches surrounding the area
were dangerous. Mr. Tunstall inquired what a R4 zone change required. Mr. Clowes
stated street trees, sidewalks, and a subdivision fence. Staff brought up the fact that the
propsed park improvement had not been approved by Parks & Recreation. Mr. Groman
stated they would pay a fee in lieu of the trees. Mr.Muellar stated they would plant trees
where Parks and Recreation wanted them.
P&Z Vice Chairperson Henry Fuertes inquired if this site was a flood way, and stated
that you could not work with a flood way. Mr. Clowes replied yes, this was a flood way.
Deputy City Attorney Nghiem Doan stated that everything Ian Clowes stated was
mandatory to get a cluster plan and that this information was listed in the UDC.
P&Z Commissioner Elizabeth McLane made the motion to approve the Independence
Place Cluster Development Plan, P&Z Commissioner Ginger McFadden seconded.
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 8 of 10
The vote was 5 — 2 with P&Z Commissioners Derrick Reed and Thomas Duncan
opposed. Independence Place Cluster Development Plan was approved.
CONSIDERATION AND POSSIBLE ACTION — VARIANCE. 2014-06
A request by Green Hollow Ltd., applicant; and owner; for approval of a Planning and
Zoning Variance to allow for a total of 62 residential lots with one means of vehicular
access where 2 means of vehicular access is required within the existing Single Family
— 4 (R-4) zoning district on 16.26 acres of land., on the following described property:
General Location: Located at the 1300 Block of Broadway Street.
Senior Planner Ian Clowes read the staff report stating staff recommended denial. Mr.
Clowes stated that the Fire Marshall, Roland Garcia, had sent an email asking for the 3
additional homes to be sprinkled, but has now recanted this decision. Mr. Clowes also
stated that staff was not in favor of this variance.
Deputy City Attorney Nghiem Doan stated that the homes could be sprinkled, but that
other access would still be required for other emergency personnel.
Ms. Renee McGuire representing the applicant stated that Reserve "K" was donated to
Forgotten Angels and in turn she purchased from them. Ms. McGuire also stated that
Mr. Dennis Bailey spent over 20 thousand dollars on fees and permits just to have the
city turn it down. Ms. McGuire stated that the owner of the apartment building adjacent
to the property did not have any interest in working with them on getting the emergency
access put in. Ms. McGuire suggested using a driveway in the Pine Hollow Center
which is located next to Jamison Landing.
Mr. Dennis Bailey stated that he met with Ian Clowes to brainstorm and he was told to
meet with Roland Garcia. Mr. Garcia told him to sprinkle the 3 homes. Mr. Bailey then
hired an Engineer and Architect just to have Mr. Garcia change his mind. Renee
McGuire then inquired if the fire code was under the Fire Marshall's discretion. Mr.
Clowes stated that the plan did not meet the UDC Code or the Fire Code and that it did
not meet the variance criteria. Lata Krishnarao Director of Community Development
stated that when this property was platted, this was recognized and this is why it was
left at 59 lots.
Deputy Attorney Nghiem Doan stated that the process was done backwards and that
the land should have been platted and then sold. Not vice versa. Mr. Doan also stated
that this was a variance, not a way to figure out how the developer can get this
accomplished. Mr. Doan also stated that the self-made hardship must be undone to get
the variance approved.
Mr. Clowes stated that the proposal that was handed out by Renee McGuire was
shared with the Fire Marshall, Roland Garcia. Mr. Garcia stated to Ian Clowes that this
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 9 of 10
proposal did not meet the fire code and that there was a distance requirement. P&Z
Vice Chairperson Daniel Tunstall stated that he did not have an issue with the 3 homes,
but respected the Fire Marshall's opinion.
P&Z Commissioner Derrick Reed made the motion to approve Variance 2014-06, P&Z
Commissioner Mary Starr seconded.
The vote was 0-7 with all in opposition. Variance 2014-06 was denied.
DISCUSSION ITEMS
Commissioners Activity Report- None
Comprehensive Plan Update -Director of Community Development Lata Krishnarao
stated that staff was still working with the consultant, and that after a workshop is done
a open house would be held. Ms. Krishnarao also stated that the next APA was in April
and would be held in Seattle.
Next P&Z Meeting, December 1, 2014 — Regular Meeting and Staff Training and a
presentation by Preston Brown.
ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 9:30 p.m.
These minutes were respectfully submitted by:
Jennifer Tatum, Office Assistant
Minutes approved as submitted and/or corrected on this 15th day of c ber 2014,
A. D. /
Hen Fue s, Chairperson
Minutes of the P&Z Regular Meeting Agenda
November 17, 2014
Page 10 of 10