2014-12-01 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION, CITY OF PEARLAND, TEXAS, MONDAY, DECEMBER 1, 2014,
AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
P&Z Chairperson Henry Fuertes opened the P&Z Regular Meeting at 6:51 p.m. with the
following present:
Chairperson Henry Fuertes
Vice Chairperson Daniel Tunstall
Commissioner Derrick Reed
Commissioner Mary Starr
Commissioner Ginger McFadden
Commissioner Thomas Duncan
Also present were City Planner Johnna Matthews, Senior Planner Ian Clowes, Director
of Community Development Lata Krishnarao, Interim City Engineer Richard Mancilia,
Deputy City Attorney Nghiem Doan and Office Supervisor Judy Brown.
CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and
require little or no deliberation by the P&Z Commission. These items will be
enacted / approved by one motion unless a commissioner requests separate
action on an item, in which event the item will be removed from the Consent
Agenda and considered by separate action ft. Matters removed from Consent
Agenda). Approval of the Consent Agenda enacts the items of legislation.
Vice Chairperson Daniel Tunstall requested Item C: Consideration and Possible Action
for Preliminary Plat of Oakshire Section 1 be removed from the Consent Agenda.
The vote was 6-0. Items B and D -F on the Consent Agenda were approved. No action
was taken on Item A, as minutes were not provided.
CONSIDERATION & POSSIBLE ACTION — Minutes will be provided at the next
meeting.
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF RIVERSTONE
RANCH AT SECTION 4
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December 1, 2014
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A request by Rene Rodriguez of LJA Engineering Inc., applicant, on behalf of Meritage
Homes of Texas, LLC, owner, for approval of a Final Plat of Riverstone Ranch at
Clear Creek Section 4, a 55 lot single-family residential subdivision, to wit:
Legal Description: Being a subdivision of 34.113 acres of land situated in the T.J.
Green Survey, Abstract 290, City of Pearland, Harris County, Texas also being a
part of lots 30, 42, 43, 44, 45, 46, 47, 58, 59, 60, 61, and 62 of the Allison Richey Gulf
Coast Home Company Subdivision, Section "G", a subdivision of record in Volume 4,
Page 48, Map Records of Harris County, Texas.
General Location: Southeast of Riverstone Ranch Drive, south of the City of Houston
ETJ border, Pearland, TX.
CONSIDERATION AND POSSIBLE ACTION —MASTER PLAT OF SHADOW GROVE
A request by Geoff Freeman of BGE Kerry R. Gilberts and Associates, applicant, on
behalf of KB Homes, owner, for approval of a Master Plat of Shadow Grove, a 377
lot single-family residential subdivision.
Legal Description: Being 124.7 acres of land located in the A.B. Langerman Survey,
A-555, City of Pearland, Fort Bend County, Texas.
General Location: The southern intersection of Broadway St. and Windward Bay Dr.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW
GROVE SECTION 2
A request by Geoff Freeman of BGE Kerry R. Gilberts and Associates, applicant, on
behalf of KB Homes, owner, for approval of a Preliminary Plat of Shadow Grove
Section 2, an 18 lot single-family residential subdivision.
Legal Description: Being 10.4 acres of land located in the A.B. Langerman Survey,
A-555, City of Pearland, Fort Bend County, Texas.
General Location: The southern intersection of Broadway St. and Windward Bay Dr.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW
GROVE SECTION 3
A request by Geoff Freeman of BGE Kerry R. Gilberts and Associates, applicant, on
behalf of KB Homes, owner, for approval of a Preliminary Plat of Shadow Grove
Section 3, a 41 lot single-family residential subdivision.
Legal Description: Being 13.0 acres of land located in the A.B. Langerman Survey,
A-555, City of Pearland, Fort Bend County, Texas.
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December 1, 2014
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General Location: The southern intersection of Broadway St. and Windward Bay Dr.
MATTERS REMOVED FROM CONSENT AGENDA
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF OAKSHIRE
SECTION 1
A request by Rene Rodriguez of LJA Engineering Inc., applicant; on behalf of D.R.
Horton — Texas, Ltd., owner; for approval of a Preliminary Plat of Oakshire Section 1, a
40 lot 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 34 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, 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 read the staff report stating staff recommended approval.
The proposed subdivision is the first section of the approved Dixie Farm and Tall Oak
(Oakshire) Cluster Development Plan.
Vice Chairperson Daniel Tunstall inquired about the reference in the UDC Chapter 2,
Section 3.2.14.2 (f) that referred to "additional depth shall be required by the P&Z
Commission when a residential area backs up to a gas pipeline," and was concerned
why this was on the Consent Agenda.
Senior Planner Ian Clowes stated that it is at the P&Z Commissions discretion to
request changes to the plat; however, the applicant was proposing 130 feet to160 feet
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Regular Meeting
December 1, 2014
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lot depths, while placing an adequate amount of space between the pipeline and the
homes.
Both Alan Mueller of Gromax and Warren Escovy of LJA Engineering, spoke briefly
with regards to the pipeline and distance.
The vote was 6-0. The Preliminary Plat of Oakshire Section 1 was approved.
OLD BUSINESS — NONE (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 O.R.B.C.
General Location: West side of Business Center Drive, south of Pearland Town
Center, Pearland, TX
Postponed until January 30, 2015.
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.
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December 1, 2014
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Postponed until January 30, 2015.
NEW BUSINESS
PUBLIC HEARING — 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 Final 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.
Chairperson Henry Fuertes opened the public hearing for the Replat of Shadow Creek
Ranch SF -57 at 7:52 p.m.
Senior Planner Ian Clowes read the staff report stating staff recommended approval of
the replat. The Final Plat was approved in November 2006 for 106 single family lots.
The replat proposed a slight change in the road layout and addressed an additional
access point on Windward Bay Drive and reduces the total lot count from 106 to 94 total
lots.
The applicant was present but did not speak.
There was no discussion among the Commission / Staff.
P&Z Chairperson Henry Fuertes adjourned the public hearing for Shadow Creek Ranch
SF -57 at 7:54 p.m.
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 Final 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.
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General Location: Located at the northeast corner of Windward Bay Drive and
Broadway Street.
Commissioner Derrick Reed made the motion to approved, and Commissioner Mary
Starr seconded the motion.
There was no discussion among the Commission / Staff / Applicant.
The vote was 6-0. The Replat of Shadow Creek Ranch SF -57 was approved
PUBLIC HEARING — REPLAT OF SHADOW CREEK RANCH SF -58
A request by Rene Rodriguez, from LJA, applicant; on behalf of 741 SCR, LTD,
owner; for approval of a Final 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.
Chairperson Henry Fuertes opened the public hearing for the Replat of Shadow Creek
Ranch SF -58 at 7:54 p.m.
Senior Planner Ian Clowes read the staff report stating staff recommended approval of
the replat. The Final Plat was approved in November 2006 for 59 single family lots. The
replat proposes a slight change in the road layout and reduces the total lot count from
59 to 54 total lots.
The applicant was present but did not speak.
There was no discussion among the Commission / Staff.
P&Z Chairperson Henry Fuertes adjourned the public hearing for Shadow Creek Ranch
SF -58 at 7:57 p.m.
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 approval of a Final Replat of Shadow Creek Ranch - SF 58, a 54 lot
residential subdivision located on 12.975 acres of land, to wit:
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Regular Meeting
December 1, 2014
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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.
Commissioner Mary Starr made a motion to approve, and Vice -Chairperson Daniel
Tunstall seconded the motion.
Chairperson Henry Fuertes inquired about how much had changed due to the city's
regulation or lot size request.
Mr. Warren Escovy, LJA Engineering stated it was mainly a request for wider lots.
The vote was 6-0. The Replat of Shadow Creek Ranch SF -58 was approved.
DISCUSSION ITEMS
1. Commissioners Activity Report — nothing reported
2. Comprehensive Plan Update — Director Lata Krishnarao stated staff was
still working with the consultant and trying to finalize the amendment to the
contract.
3. Zoning Update- Director Lata Krishnarao stated the Kroger site at
Pearland Parkway and Barry Rose Road went to City Council for a first
reading and was approved. Staff is also working with the applicant for the
nursing home site; and the rezoning of the land next to the church on
Broadway near Southern Trails, that P&Z recommended for denial, was
also denied by City Council.
4. Next JPH/P&Z Meeting, December 15, 2014 — Joint Public Hearing
and Regular Meeting — Director Lata Krishnarao stated there would be two
joint public hearings and one joint workshop.
ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 8:03 p.m.
These minutes were respectfully submitted by:
Judy Brown, Office Supervisor
Minutes approved as submitted on this 15th day of December, 2014 A.D.
P&Z Minutes of the
Regular Meeting
December 1, 2014
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my Fuertes, dhairperson
P&Z Minutes of the
Regular Meeting
December 1, 2014
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