2015-02-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, FEBRUARY 16,
2015, 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 meeting for the P&Z Regular Meeting at
8:49 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
Also in attendance were City Planner Johnna Matthews, Senior Planner Ian Clowes,
Associate Planner Vince Hustead, Deputy City Manager John Branson, Interim City
Engineer Richard Mancilla, and Office Assistant Jennifer Tatum.
CONSENT AGENDA
P&Z Vice Chairperson Daniel Tunstall made the motion to approve all items on the
Consent Agenda. P&Z Commissioner Elizabeth McLean seconded the motion.
The Consent Agenda was approved 7-0.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND
EXCUSED ABSENCES
Approve the Minutes of the February 2, 2015 P&Z Regular Meeting, held at 6:30 p.m.
Excuse the Absence of Derrick Reed from the February 2, 2015 P&Z Regular meeting.
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF RIVERSTONE
RANCH AT CLEAR CREEK SECTION 3
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 3, a 77 lot single-family residential subdivision, to wit:
P&Z Minutes of the Regular Meeting
February 16, 2015
Page 1 of 7
Legal Description: Being a subdivision of 19.979 acres of land situated in the T.J.
Green Survey, Abstract 290, City of Pearland, Harris County, Texas also being a part of
lots 70, 71, 72, 73, 74, 87, 88, 89, 90, and 91 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: Northwest of Country Club Road and Green Tee Terrace
Subdivision, Section 7, Pearland, TX.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF
SOUTHLAKE SECTION 8
A request by Rene Rodriguez of LJA Engineering, applicant; on behalf of 518
SCR, owner; for approval of a Preliminary Plat of Southlake Section 8, a 56 lot single-
family residential subdivision on approximately 18.219 acres of land on the following
described property, to wit
Legal Description: A subdivision of 18.219 acres of land situated in H.T. &
B.R.R. Co. Survey, Section 84, Abstract -538 Brazoria County, Texas.
General Location: Southwest corner of Windward Bay Drive and Southlake
Boulevard.
MATTERS REMOVED FROM CONSENT AGENDA
None
OLD BUSINESS
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2014-22Z
A request of Alan Mueller, applicant; on behalf of The Felton M. and Mary C. Baker
Revocable Trust, owner; for approval of a change in zoning from the General
Commercial (GC) and Office and Professional (OP) zoning districts, to a Planned
Development (PD) known as Baker's Landing; on approximately 79.94 acres of land, to
wit..
Legal Description: All of that certain 79.94 acres of land, located in the A.C.H. & B.
Survey, Section 1, A-147 and in the H.T. & B.R.R. Co. Survey 11, A-239, Brazoria
County, Texas, out of the tracts of land described as Lots A, B, C, D, E, G, H, I, J, K, L,
M, N, O, P, Q, R, S, T, U and V", and 2.011 acres in the deed from Felton M. Baker and
wife, Mary C. Baker to the Felton M. and Mary C. Baker Revocable Trust, recorded
under Document Number 2005011939, of the Official Records of Brazoria County,
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February 16, 2015
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Texas
General Location: Between Main Street (SH 35) to the west and Old Alvin Road to the
east; and south of East Walnut Street, Pearland, TX
P&Z Commissioner Mary Starr made the motion to approve Zone Change Application
No. 2014-22Z. P&Z Vice Chairperson Daniel Tunstall seconded the motion.
City Planner Johnna Matthews read the staff report stating the applicant was seeking a
zone change from General Commercial (GC) and Office and Professional (OP) to a
Planned Development (PD) known as Baker's Landing. Ms. Matthews stated the
applicant would comply with all P&Z conditions. Ms. Matthews went over the concerns
that were raised at the last meeting and stated the only condition that is not necessarily
compliant was the P&Z request for underground utilities. Ms. Matthews read the
alternative language proposed by the applicant and indicated that staff was fine with
alternative language. Ms. Matthews stated that staff was unable to recommend approval
for the following reasons:
• Does not meet The Future Land Use Plan or Old Town Site
• Lack of commercial uses
• Residential proximity to State Hwy 35
Alan Muellar was available to answer questions.
There was no further discussion.
The vote was 5-2 with P&Z Vice Chairperson Daniel Tunstall and P&Z Commissioner
Ginger McFadden in opposition. Commissioners stated that opposition was due to lack
of any commercial property proposed for State Hwy 35 frontage. Zone Changed
Application No. 2014-22Z was approved.
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2015-01 Z
A request of Thomas Offenberger, applicant; on behalf of JK Joseph & Matthew John,
owners; for approval of a change in zoning from the Light Industrial (M-1) zoning district
to the General Business (GB) zoning district; on approximately 0.9678 acres of land, to
wit:
Legal Description: Being all that certain 0.9678 acres of land being the northerly part
P&Z Minutes of the Regular Meeting
February 16, 2015
Page 3 of 7
of that 1.727 acre tract known as JKJ Development, a minor plat recorded as document
2008015246 in the official public records of Brazoria County, Texas.
General Location: 200 feet north of the northwest corner of Mykawa Road and W.
Orange Street, Pearland, TX
P&Z Commissioner Derrick Reed made the motion to approve Zone Change Application
No. 2015-01 Z. P&Z Commissioner Thomas Duncan seconded the motion.
Senior Planner Ian Clowes read the staff report stating the applicant was seeking a
zone change from Light Industrial (M1) to General Business (GB). Mr. Clowes stated
that the current zoning has been in place since 1986 and that staff could not
recommend approval.
P&Z Chairperson Henry Fuertes stated that Mykawa and Orange streets were
discussed in the Joint Public Hearing and that we would like nodes to stay at major
intersections. Mr. Fuertes stated that (M1) zoning was not compatible for a node and
would rather see the applicant come back with a Conditional Use Permit. Senior
Planner Ian Clowes stated that a Conditional use Permit would be more appropriate.
The vote was 0-7. Zone Changed Application No. 2015-01 Z was denied.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2015-02Z
A request of Gerald L. Koza Jr., applicant; on behalf of Associated Properties, owner;
for approval of a change in zoning from the General Commercial (GC) zoning district to
the Light Industrial (M-1) zoning district; on approximately 4.020 acres of land, to wit:
Legal Description: Being a 4.020 acre tract in the H.T. & B.R.R. Company Survey,
Abstract No. 542 in Brazoria County, Texas. Said 4.020 acre tract is part of Lot 52 of
Zychlinsky Subdivision according to the plat recorded in Volume 29, Page 43 of the
Deed Records of Brazoria County, Texas and is further described as being all of a one
(1) acre tract, a 2.179 acre tract and part of a 2.000 acre tract as described in a deed to
Associated Properties as recorded in Clerk's File No. 2011034738 in the Brazoria
County Clerk's Office.
General Location: 3706-3902 Alice Street, Pearland, TX
P&Z Commissioner Mary Starr made the motion to approve Zone Change Application
No. 2015-02Z and P&Z Commissioner Elizabeth McLean seconded the motion.
Senior Planner Ian Clowes read the staff report and stated that the applicant was
P&Z Minutes of the Regular Meeting
February 16, 2015
Page 4 of 7
seeking approval to change the zoning from General Commercial (GC) to Light
Industrial (M1). Mr. Clowes stated that all surrounding areas where zoned (M1) and that
the applicant was just cleaning up the zoning.
There was not discussion among Commission/Staff/Applicant.
The vote was 7-0. Zone Changed Application No. 2015-02Z was approved.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
2015-03Z
A request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of Beltway 23,
LTD., owner; for approval of a change in zoning to amend the Kinglsey and Broadway
Planned Development (PD), to allow Mini-Warehouse/Self Storage; Auto Accessories
and/or Parts Retail Sales; to prohibit Hotels/Motels; and to revise landscape
requirements and various exhibits; on approximately 18.1 acres of land, to wit:
Legal Description: The herein described 20.3 acres (prior to right-of-way dedication),
more or less, being generally located in Section 80, J. S. Talmage Survey Abstract 564,
Brazoria County, Texas; the south line being along the south line of Lot 2, Section 80, J.
S. Talmage Survey, Abstract 564 according to the plat thereof as filed in Volume 2,
Page 98 Brazoria County Plat Records; the west line being the east line of City of
Pearland Ordinance No. 1035; the north line being the south right-of-way line of County
Road 92 and the extension of City of Pearland Ordinance 924 and the east line being
the west line of City of Pearland Ordinance No 924; All that certain 20.3 acres, more or
less, annexed into the City of Pearland by Pearland Ordinance 1465 and being all of
Lots 1 & 2, Section 80, J. S. Talmage Survey, Abstract 564
General Location: Southeast corner of Broadway Street and Kinglsey Drive, Pearland,
TX
P&Z Vice Chairperson Daniel Tunstall made the motion to approve Zone Change
Application No. 2015-03Z and P&Z Commissioner Elizabeth McLean seconded the
motion.
City Planner Johnna Matthews read the staff report stating the applicant was seeking to
amend the Planned Development. Ms. Matthews went over the proposal details and
stated that staff was unable to recommend approval for the following reasons:
• Incompatible and inappropriate uses
• Lack of a detailed site plan/landscape plan to in order to mitigate negative impact
• Quality of development
• Intent of PD
P&Z Minutes of the Regular Meeting
February 16, 2015
Page 5 of 7
Ms. Matthews stated that if the Planning & Zoning Commission did recommend
approval, that staff recommends the following conditions:
• Mini Warehouse/Self-Storage shall be permitted with approval of a Conditional
Use Permit (CUP). The use is not permitted, by right in any zoning district within
the city, and requires approval of a Conditional Use Permit (CUP). A CUP will
allow nearby residents, City Council and the Planning and Zoning Commission to
review detailed site plans, landscape plans and elevations in order to mitigate
any negative impact that the use may have on single family subdivisions.
• Mini Warehouse/Self Storage shall not be located adjacent to the existing single
family subdivision, but shall be located along Kinglsey Drive, and there shall be
no windows or storage doors facing the existing single family subdivision along
the eastern property line.
• Increasing the number of pad sites from 4 to 9 is a major departure from the
originally approved PD. The number of pad sites shall be reduced to 5 to ensure
that the character of the neighborhood is not diminished, and that non-residential
uses are within close proximity to serve the neighborhoods.
• There shall be no Drive -Through Restaurants, allowed on pad sites adjacent to
the existing single family subdivision to the east.
P&Z Chairperson Henry Fuertes thanked the applicant for being professional. Ms.
Kathryn Edwards, with Kerry Gilbert and Associates, stated her client was willing to
remove the "by right" designation for mini warehouse/self-storage application and come
back with a Conditional Use Permit for the self -storage use and address specific
concerns.
Mr. Fuertes stated that a vote needed to take place with what was currently proposed
being that legal was not present. Mr. Fuertes stated he was not totally against self -
storage, but not where it was located on the property.
P&Z Vice Chairperson Daniel Tunstall stated removing 1 portion of the proposed PD did
not change the other issues.
P&Z Commissioner Elizabeth McLane inquired if the applicant would reduce the number
of pad sites. Ms. Kathryn Edwards stated there may be some flexibility in doing that.
P&Z Commissioner Mary Starr inquired why prohibited uses were put back in the
proposal. Ms. Edwards stated the only one put back in was Auto Parts Sales.
P&Z Minutes of the Regular Meeting
February 16, 2015
Page 6 of 7
P&Z Commissioner Derrick Reed stated that the Commissioners should just vote on it
as is.
The vote was 0-7. Zone Changed Application No. 2015-03Z was denied.
DISCUSSION ITEMS
Commissioners Activity Report — P&Z Commissioner Ginger McFadden inquired about
a sign she saw regarding Self -Storage proposed on Broadway near the Gulf Coast
Teachers federal Credit Union. Senior Planner Ian Clowes stated that both were coming
in for a CUP in March.
Comprehensive Plan Update Joint Workshop - City Planner Johnna Matthews stated
April 27, 2015 was the date for now and that it would be held on a 4t" Monday which
would not be a regular meeting night.
National APA Conference —April 18-21, 2015 in Seattle P&Z Commissioners Thomas
Duncan and Elizabeth McLane will attend.
Next P&Z Meeting, March 2, 2015 — Regular Meeting
ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the P&Z Regular meeting at 9:22 p.m.
These minutes were respectfully submitted by:
Jennifer TaturnrOffice Assistant
Minutes approved as submitted and/or correc d on this 2nd dayg0harch 2015, A.D.
Henry uertes, Chairperson
P&Z Minutes of the Regular Meeting
February 16, 2015
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