2015-04-06 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, APRIL 6, 2015, AT
6:00 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND,TEXAS
CALL TO ORDER
P&Z Chairperson Henry Fuentes opened the meeting for the P&Z Regular Meeting at 6:03
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 present were Deputy City Attorney Nghiem Doan, City Planner Johnna Matthews,
Senior Planner Ian Clowes, Director of Community Development Lata Krishnarao,
Associate Planner Vince Hustead, and Office Assistant Jennifer Tatum.
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CONSENT AGENDA
CONSIDERATION & POSSIBLE ACTION - EXCUSED ABSENCES
Excuse the absences of P&Z Commissioner Ginger McFadden and Vice Chairperson
Daniel Tunstall.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF LAUREL
HEIGHTS AT SAVANNAH SECTION 6
A request by Geoff Freeman of BGE / Kerry R. Gilbert & Associates, applicant; on behalf
of Mark Janik of Savannah Development; for approval of a Preliminary Plat of Laurel
Heights at Savannah Section 6, a 59 lot single family subdivision and 6 reserves on
approximately 23.2 acres of land within the Laurel Heights at Savannah Subdivision, to
wit:
Legal Description: A subdivision of 23.2 acres of land situated in the H.T. & B.R.R. Co.
Survey, A-302, Brazoria County, Texas.
General Location: Approximately 500 feet north of Post Road; 500 feet east of Savannah
Parkway and northeast of Savannah Lakes Elementary School.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF LAUREL
HEIGHTS AT SAVANNAH SECTION 7
A request by Geoff Freeman of BGE / Kerry R. Gilbert & Associates, applicant; on behalf
of Mark Janik, Savannah Development Ltd., owner; for approval of a Preliminary Plat of
Laurel Heights at Savannah Section 7; a 79 lot single family subdivision with 7 reserves
on approximately 29.3 acres of land, to wit:
Legal Description: A subdivision of 29.3 acres out of the H.T. & B.R.R. Survey, A-302
Brazoria County, Texas.
General Location: Located on the north side of the proposed route for Laurel Heights
Drive, approximately Y< mile north of Post Road and 1,500 west of Victoria Avenue.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF LAUREL
HEIGHTS AT SAVANNAH SECTION 8
A request by Geoff Freeman of BGE / Kerry R. Gilbert & Associates, applicant; on behalf
of Mark Janik, Savannah Development Ltd., owner; for approval of a Preliminary Plat of
Laurel Heights at Savannah Section 8, a 68 lot single family subdivision and 4 reserves on
approximately 18.6 acres, to wit:
Legal Description: A subdivision of 18.6 acres out of the H.T. & B.R.R. Survey, A-302
Brazoria County, Texas.
General Location: Approximately a quarter mile east of future Savannah Parkway and
of a mile north of Post Oak Road.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF LAUREL
HEIGHTS AT SAVANNAH SECTION 9
A request by Geoff Freeman of BGE / Kerry R. Gilbert & Associates, applicant; on behalf
of Mark Janik of Savannah Development; for approval of a Preliminary Plat of Laurel
Heights at Savannah Section 9, a 66 lot single family subdivision and 3 reserves, on
approximately 16.5 acres of land within the Laurel Heights at Savannah Subdivision, to
wit:
Legal Description: A subdivision of 16.5 acres of land situated in the H.T. & B.R.R. Co.
Survey, A-302, Brazoria County, Texas.
General Location: County Route 894 about 4,000 feet north of Post Road
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF SOUTHERN
OAKS
A request by Geoff Freeman of BGE / Kerry R. Gilbert & Associates; on behalf of Vanessa
Perez, Beazer Homes, applicant; for approval of a Preliminary Plat of Southern Oaks, a
99 lot single family subdivision and 5 reserves on approximately 31.1 acres of land, to wit:
Legal Description: Being 31.1 acres of land out of the H.T. & B.R.R. Co. Survey, Sec. 84
A-564, City of Pearland, Brazoria County, Texas.
General Location: West side of Kingsley Drive at Quite Pines Lane
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SOUTHLAKE
SECTION 8
A request by Rene Rodriguez of LJA Engineering on behalf of 741 SCR, LTD, owner; for
approval of a Final Plat of Southlake Section 8, a 56 lot single family subdivision and 4
reserves, on approximately 18.219 acres of land within the Southlake Subdivision, 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.
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 consent agenda was approved.
MATTERS REMOVED FROM CONSENT AGENDA
None
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE
2015-01
A request by Josean Perez, applicant; on behalf of Russ Wilkins, R4 Resources, owner;
for approval of a Variance Permitted in Section 2.2.5.2 (4), of the Unified Development
Code, Ordinance No. 2000-T, to allow a reduction of 25 feet from the minimum lot width
requirements within the Heavy Industrial (M-2) zoning district, on approximately 1.270
acres of land located at 8511 Industrial Dr., to wit,
Legal Description: Being Lot 1, Phase II out of Brazoria Industrial Park, a Subdivision of
22.65 acres of land Brazoria County, Texas.
General Location: 8511 Industrial Dr., Peadand, TX 77581
Associate Planner Vince Hustead read the staff report stating the applicant was applying
for a 25 foot reduction from the minimum lot width requirement. Mr. Hustead stated that
staff was recommending approval. P&Z Chairperson Henry Fuentes inquired if the
adjacent property owners had been notified. Mr. Hustead stated no. Mr. Fuertes inquired if
signs had been posted. Mr. Hustead stated yes. Mr. Fuertes stated that he thought
property owners should be notified in the future.
P&Z Commissioner Daniel Tunstall made the motion to approve Planning & Zoning
Variance 2015-01, P&Z Commissioner Thomas Duncan seconded.
The vote was 7-0. Planning & Zoning Variance 2015-01 was approved
AND POSSIBLE ACTION — PLANNING AND ZONING VARIANCE
2015-02
P&Z Commissioner Mary Starr recused herself.
A request by Luther Daly of Costello, Inc., applicant; on behalf of Global XYZ
Development 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, on the following described property, to
wit:
Legal Description: Being 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.
Associate Planner Vince Hustead read the staff report stating the applicant was applying
for approval to have a 145.42 foot lot width where 150 feet is required. Mr. Hustead stated
staff could not recommend approval for the following reasons:
• There are no special circumstances or conditions arising from the physical
surroundings, shape, topography or other feature affecting the land such
that strict application of the Code would create an undue hardship or inequity
upon or for the applicant, as distinguished from a mere inconvenience in
developing the land, or deprive the applicant of the reasonable and beneficial
use of the land.
• The number, configuration, location and square footage of proposed
buildings could be altered without subdividing the property to create a lot
that which has less than the required minimum lot width of 150 feet.
• The developer could also seek out lots in other areas of the city suited from
the proposed development without the need for seeking a lot width variance.
• The variance was originally denied by the Planning and Zoning Commission
at the October 20, 2014 Planning and Zoning Commission meeting. The
conditions of the property have not changed nor has the basic nature of
the variance request changed. The previous request was also for a lot width
reduction of 4.58 feet.
P&Z Chairperson Daniel Tunstall inquired if the P&Z Commission approved a PD on this
property. Senior Planner Ian Clowes stated no, a CUP for a convalescent home was
approved and that the zoning was BP288. Mr. Luther Daly stated that this request was
reasonable and apologized for not being at the first hearing. Mr. Daly stated it was a small
request being only 5 feet. Senior Planner Ian Clowes stated there was no hardship of the
land and that the UDC clearly stated that a variance should not be granted due to an
inconvenience.
Mr. Clowes also stated that if this was approved it could set precedence. Deputy City
Attorney Nghiem Doan stated this was the law and was put into the UDC by City Council.
Mr. John Griffin stated he understood that this was a law, but wanted the P&Z Commission
to make this decision. Mr. Griffin also stated that he was not a freelance developer and that
they wanted to put in 3 businesses not 2. P&Z Vice Chairperson Daniel Tunstall stated the
hardship was self-inflicted and inquired if an easement could have been granted for the
property as opposed to a flag lot. Community Director Lata Krishnarao stated no. P&Z
Commissioner Elizabeth McLane inquired if there was anything else that could be done to
make this work. Deputy City Attorney Nghiem Doan stated having fewer lots would make it
work. P&Z Chairperson Henry Fuertes stated that the discussion was about a hardship not
5 feet. Mr. Fuertes stated he would like to see a change in the UDC making this issue one
that can be voted on. P&Z Vice Chairperson Daniel Tunstall stated that he voted no on this
item at the last meeting because it was preliminary. Mr. Tunstall stated that dealing with
drainage issues and an owner that won't sell land is a hardship. Mr. Tunstall stated he
thought 2 lots would look better but that he was leaning towards a yes vote. P&Z
Commissioner Derrick Reed stated that like Nghiem Doan said, the law says 150 ft. Mr.
Reed also stated that he voted no last time. Mr. John Griffin stated that he went to the
property owner next to this lot and tried to buy more land, but the owner won't sell. Mr.
Clowes stated the UDC clearly states that you have to distinguish if the variance is an
inconvenience or hardship, and that this was an inconvenience.
Mr. Fuertes inquired if a Planned Development (PD) would work. Mr. Clowes stated the
applicant could keep the CUP on the back portion of the tract and apply for a PD in the
front. City Planner Johnna Matthews stated that the property was not subdivided, it was
one tract. Mr. Fuertes inquired if a CUP was approved for the entire tract. Ms. Matthews
said yes. Mr. Fuertes inquired if this case would go to City Council. Mr. Clowes stated no.
P&Z Commissioner Daniel Tunstall made the motion to approve Planning & Zoning
Variance 2015-02, P&Z Commissioner Ginger McFadden seconded.
The vote was 4-2, with Henry Fuertes and Daniel Tunstall in favor and Ginger McFadden,
Elizabeth McLane, Thomas Duncan, and Derrick Reed in opposition.
Planning & Zoning Variance 2015-02 was denied.
DISCUSSION ITEMS
Commissioners Activity Report — None
Comprehensive Plan Update Joint Workshop — Lata Krishnarao stated a joint workshop
was scheduled in May but was too close to elections. Looking to schedule it for June.
Auto Repair at Dixie Farm and Broadway — Daniel Tunstall stated he drives by this place
of business daily and was wondering how it was approved. Mr. Tunstall stated the sign
painted on the building was too big, there were 12 cars being worked on in the parking lot,
and cars were being parked in the Home Depot parking lot. Ian Clowes stated this site
had a lot of history. Mr. Clowes stated the zone was GB and that general auto repair was
allowed, and the UDC permitted this conversion. Mr. Clowes stated code enforcement
was involved, the signs were not permitted and the business would be cited by code
enforcement this week. Henry Fuertes stated the land owner should be cited. Ian Clowes
stated that is who they were after. Discussion ensued about amenities in detention and
future meetings.
Next P&ZJJPH Meeting, April 20, 2015 — Regular Meeting — Ian Clowes stated a JPH
might not take place. Deputy City Attorney Nghiem Doan stated Assistant City Attorney
Lawrence Provins would be attending future meetings. Mr. Doan announced he was
resigning to accept a new position in League City to be the City Attorney.
P&Z Commission Survey — Johnna Matthews stated they were looking for ways to support
the P&Z Commission and requested feedback from the Commission.
ADJOURNMENT
P&Z Chairperson Henry Fuentes adjournthe P&Z ular meeting at p.m.
These minutes were respectfully submitte by: T .
Jennifer TEWrT Office Assistant
Minutes approved as submitted and/or corrected on this 20th day of April 2015, A.D
Henry Fuer es, Chairperson
P&Z Regular Meeting Agenda
April 6, 2015
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