2014-12-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, DECEMBER 15,
2014, AT 6:00 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
6:05 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 (arrived at 6:34 p.m.)
P&Z Member Linda Cowles
P&Z Member Ginger McFadden
P&Z Member Thomas Duncan
Also in attendance were City Planner Johnna Matthews, Senior Planner Ian Clowes,
Deputy City Attorney Nghiem Doan and Office Assistant Jennifer Tatum.
CONSENT AGENDA
P&Z Chairperson Mary Starr 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 AND
EXCUSED ABSENCES
Approve the Minutes of the November 17, 2014 P&Z Regular Meeting, held at 6:30 p.m.
Approve the Minutes of the December 1, 2014 P&Z Regular Meeting, held at 6:30 p.m.
Excuse the Absence of Elizabeth McLane from the December 1, 2014 P&Z Regular
meeting.
OLD BUSINESS
P&Z Regular Meeting Minutes
December 15, 2014
Page 1 of 6
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
P&Z Commissioner Mary Starr recused herself from the meeting.
P&Z Vice Chairperson Daniel Tunstall made the motion to approve Conditional Use
Permit Application No. 2014-09. P&Z Commissioner Elizabeth McLane seconded.
City Planner Johnna Matthews read the staff report and stated staff recommended
approval. Ms. Matthews also stated that this CUP was postponed from the October 20,
2014 meeting.
P&Z Chairperson Henry Fuertes inquired whether there were any outstanding items and
if a dry detention was still being proposed. Ms. Matthews stated there were not any
outstanding items and that the detention would remain a dry detention. Additionally on
the east side of the detention area, the applicant proposes an 8 foot masonry wall with
enhanced landscaping within a 30 foot wide buffer with additional amenities including a
trail and benches. Ms. Matthews also stated that the applicant reduced the number of
lots from 4 to 3.
Developer John Griffin stated that this was a skilled nursing facility, not for long term
care. Mr. Griffin stated the typical stay would be 24 days with in depth rehabilitation. Mr.
Griffin also stated that this would be a high end facility with 150 staff.
The vote was 5-0. Conditional Use Permit Application 2014-09 was approved.
P&Z Regular Meeting Minutes
December 15, 2014
Page 2 of 6
A 2.72 acre tract, being the remainder of two (2) 1.5 acre tracts, recorded in Volume
(87) 403, Page 70 [Tract 1 ] and Volume (87) 403, Page 73 [Tract 2], of the Official
Records of Brazoria County, Texas, out of the North'/2 of the East'/2 of the Southeast'/
of the Northeast '/4 of section 84, of the H.T.& B. Railroad Company Survey, Abstract
538, Brazoria County, Texas
General Location: West of County Road 48 and 2000 feet south of Broadway St.,
Pearland, TX
P&Z Commissioner Elizabeth McLane made the motion to approve Zone Change
Application No. 2014-21Z. P&Z Commissioner Mary Starr seconded.
Senior Planner Ian Clowes read the staff report and stated that staff recommended
approval. Mr. Clowes also stated that 2 letters in opposition were received concerning
property value and wanting the lot to stay vacant.
P&Z Chairperson Henry Fuertes inquired if this was a zone change only. Mr. Clowes
stated yes. Mr. Fuertes inquired if annexation was an ongoing process. City Planner
Johnna Matthews stated yes and that the final action would take place on January 26,
2015.
The vote was 7-0. Zone Change Application No. 2014-21Z was approved.
ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 7:07 p.m.
These minutes were respectfully submitted by: ---.�
Jennifer Tatum, Office Assistant
Minutes approved as submitted and/or corrected on this 5th day of January 2015, A.D.
enry Fuertes, Chairperson
P&Z Regular Meeting Minutes
December 15, 2014
Page 6 of 6
DISCUSSION ITEMS
Commissioners Activity Report- P&Z Commissioner Ginger McFadden stated she would
like to see more pocket parks. Talk ensued about parallel parking making the parks
more useable.
Comprehensive Plan Update- Senior Planner Ian Clowes stated that the contract
revision was still being finalized and that Director of Community Development Lata
Krishnarao was working on a schedule.
Next P&Z Meeting, January 5, 2015 — Regular Meeting- Senior Planner Ian Clowes
stated that the meeting would be a Joint Public Hearing as well due to January 19, 2015
being a city holiday and no meeting will take place.
Recessed at 6:38 p.m.
Reconvened at 7:02 p.m.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2014-21 Z
A request of Alan Mueller, applicant; on behalf of Joe and Darlene Laney and John
McMahan, owners; for approval of a zoning designation of Single Family - 1 (R-1) on
approximately 32.3 acres of land, to wit:
Legal Description: The East one half (1/2) of the Southeast Quarter (SE 1/) of the
Northeast Quarter (NE '/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538,
Brazoria County, Texas and being the same land conveyed to B. Frank Wood by Jay C.
Tulk by Deed dated April 11, 1955, Recorded in Volume 627, Page 278, Deed Records,
Brazoria County, Texas and;
The West one half (1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE
'/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, called Tract No. 8, Brazoria
County, Texas according to the recorded map or plat thereof appearing of record in the
office of the County Clerk of Galveston County, Texas and being the same land
described from J.T. McMahan to R. D. McMahan, dated October 27, 1964, recorded in
Volume 895, Page 22, Deed Records of Brazoria County, Texas and being that same
20 acres more or less, conveyed to John T. McMahan by R.D. McMahan and wife,
Eunice McMahan, by Deed dated December 29, 1994, Filed of Record March 13, 2003,
recorded under Brazoria County Clerks File No. 03 015336, and;
P&Z Regular Meeting Minutes
December 15, 2014
Page 5 of 6
The West one half (1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE
'/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, called Tract No. 8, Brazoria
County, Texas according to the recorded map or plat therof appearing of record in the
office of the County Clerk of Galveston County, Texas and being the same land
described from J.T. McMahan to R. D. McMahan, dated October 27, 1964, recorded in
Volume 895, Page 22, Deed Records of Brazoria County, Texas and being that same
20 acres more or less, conveyed to John T. McMahan by R.D. McMahan and wife,
Eunice McMahan, by Deed dated December 29, 1994, Filed of Record March 13, 2003,
recorded under Brazoria County Clerks File No. 03 015336, and;
A 2.72 acre tract, being the remainder of two (2) 1.5 acre tracts, recorded in Volume
(87) 403, Page 70 [Tract 1 ] and Volume (87) 403, Page 73 [Tract 2], of the Official
Records of Brazoria County, Texas, out of the North'/2 of the East'/2 of the Southeast 1/4
of the Northeast '/4 of section 84, of the H.T.& B. Railroad Company Survey, Abstract
538, Brazoria County, Texas.
General Location: West of County Road 48 and 2000 feet south of Broadway St.,
Pearland
P&Z Commissioner Mary Starr made the motion to approve Beazer CR 48 Cluster
Development Plan. P&Z Commissioner Elizabeth McLane seconded.
Senior Planner Ian Clowes read the staff report stating staff recommended approval
with the following conditions:
1. Provide a detailed landscape plan with total number of trees, caliper inches for
each proposed tree, and specific location of plantings.
2. Provide an elevation profile for the proposed masonry fence to be constructed
along CR 48.
P&Z Vice Chairperson Henry Fuertes inquired about what was located south of the
property. Senior Planner Ian Clowes stated it was a drainage ditch. Senior Planner Ian
Clowes stated that the development would be similar to Southern Trails.
The vote was 6-0. Beazer CR 48 Cluster Development Plan was approved with
conditions:
1. Provide a detailed landscape plan with total number of trees, caliper inches for
each proposed tree, and specific location of plantings.
2. Provide an elevation profile for the proposed masonry fence to be constructed
along CR 48.
P&Z Regular Meeting Minutes
December 15, 2014
Page 4 of 6
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 Commissioner Mary Starr recused herself from the meeting.
P&Z Vice Chairperson Daniel Tunstall made the motion to approve Planning & Zoning
Variance No. 2014-05. P&Z Commissioner Elizabeth McLane seconded.
Deputy City Attorney Nghiem Doan stated that this was not a true variance.
Senior Planner Ian Clowes read the staff report stating staff recommended approval.
P&Z Chairperson Henry Fuertes inquired whether or not staff was happy with the
proposal. Mr. Clowes stated that staff did not have any issues with the proposal.
The vote was 5-0. Planning & Zoning Variance 2014-05 was approved.
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION — BEAZER CR 48 CLUSTER
DEVELOPMENT PLAN
A request by Alan Mueller, applicant; on behalf of Joe and Darlene Laney and John
McMahan, owner; for approval of a Cluster Development Plan, on a 31.127 acre tract of
land, for a single-family residential subdivision, to wit
Legal Description: The East one half (1/2) of the Southeast Quarter (SE '/4) of the
Northeast Quarter (NE '/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538,
Brazoria County, Texas and being the same land conveyed to B. Frank Wood by Jay C.
Tulk by Deed dated April 11, 1955, Recorded in Volume 627, Page 278, Deed Records,
Brazoria County, Texas and;
P&Z Regular Meeting Minutes
December 15, 2014
Page 3 of 6