2018-04-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, APRIL 16, 2018 AT
6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR.
CALL TO ORDER
P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at
6:30 p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Derrell Isenberg
P&Z Commissioner Troy Pradia
P&Z Commissioner Layni Cade
P&Z Commissioner Mary Starr
Also present were Deputy City Attorney Lawrence Provins, City Planner Jai McBride,
Senior Planner Martin Griggs, Planner Armon Irones, Planner Vince Hustead, Director of
Economic Development Matt Buchanan, Engineering Associate Matt Brown and Office
Assistant Alma Gonzales.
CALL TO ORDER REGULAR P&Z MEETING
P&Z Chairperson Daniel Tunstall read into the record the items on the consent agenda.
P&Z Commissioner Mary Starr made a motion to approve, P&Z Vice -Chairperson
Thomas Duncan seconded the motion. Motion passed 6-0.
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 (ix. Matters removed from
Consent Agenda). Approval of the Consent Agenda enacts the items
of legislation.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND
EXCUSED ABSENCE
1. Approve the P&Z Regular Meeting minutes from Monday, April 2, 2018.
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April 16, 2018
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NEW BUSINESS
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action - Approval of a flag lot to Allow for the Development of Property. P&Z
Commissioner Mary Starr made a motion to approve, P&Z Vice -Chairperson Thomas
Duncan seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF A FLAG LOT TO
ALLOW FOR THE DEVELOPMENT OF PROPERTY
A request by Geoff Freeman of LJA Engineering, applicant, on behalf of A -S 143 SC
Ranch, LP, represented by Cindy McGill, and Shadow Creek Plaza LLC, represented by
Hassan B Mohammadian, owners; for approval of a Variance Permitted in Section
2.6.1.1 (b) (1) of the Unified Development Code, Ordinance No.2000-T, to allow
approval of the creation of a flag lot within a Planned Unit Development zoning district.
Legal Description: Being 11.958 acres of land located in S.G. Haynie Survey, Abstract
212, City of Pearland, Brazoria County, Texas, more particularly being all of that certain
called 9.458 acre tract (described as TractlV) conveyed to A -S 143 SC Ranch LP, by an
instrument of record in File Number 2017047179, of the Official Public Records of said
Brazoria County C.O.P.R.), and a portion of that certain called 8.853 acre tract
conveyed to Shadow Creek Plaza, LLC, by an instrument of record in File Number
20174007313, B.C.O.P.R.
General Location: 12300 Block of Shadow Creek Parkway, Pearland, Texas 77584
Planner Armon Irones presented the Staff report with exhibits. Staff recommended
approval of the requested variances regarding the guidelines of Section 2.6.1.1 (b) (1),
which requires the approval of the Planning and Zoning Commission for the creation of
a flag lot within a Planned Unit Development district for the subject property for the
following reasons:
1. The subject property is currently a PUD and is consistent with the surrounding land
uses of the Future Land Use Plan Map.
2. The proposed use is compatible with and preserves the character and integrity of
adjacent developments and neighborhoods.
3. The proposed use meets the standards for the Planned Unit Development zoning
district with the exception of the flag lot approval.
P&Z Chairperson Daniel Tunstall asked Staff if the Commission was only looking at lot
two. Mr. Irones confirmed it was. P&Z Vice -Chairperson Thomas Duncan had concerns
with the count of Senior Living facilities in that PD. City Planner Jai McBride explained
that Senior Living and Multi -family facilities are considered separate and Senior Living is
not included in that count. Mr. Duncan commented on the school load if this was to
become a Multi -family facility. Deputy City Attorney Lawrence Provins gave a brief
explained the process of a zone change if the developer changed to a Multi -family
facility. Mr. Tunstall asked legal what would be the reason to deny a flag lot. Mr. Provins
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April 16, 2018
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explained. Mr. Greg Patch with LJA Engineering explained the intent to develop a
Senior Housing development on this property. P&Z Commissioner Troy Pradia inquired
if the Senior Living quota not been reached. Mrs. McBride informed that Senior Living
limits have not been reached. Mr. Tunstall made a comment on the amount of
apartments in the Shadow Creek Ranch area and was not in favor of this request.
Motion failed 3 — 3. P&Z Chairperson Daniel Tunstall and P&Z Commissioners Layni
Cade and Troy Pradia were opposed to the request.
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Preliminary Plat of Larkspur Communities Shadow Creek.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF
LARKSPUR COMMUNITIES SHADOW CREEK
A request of Jason Price, LJA Engineering, the applicant; on behalf of Larkspur Shadow
Creek, LLC, owner; for approval of the Preliminary Plat of Larkspur
Communities Shadow Creek creating 2 lots, on 11.958 acres of land located on the
north side of Shadow Creek Parkway about 600 feet east of Kingsley Drive.
Legal Description: A subdivision of 11.958 acres of land situated in the
S.G. Haynie Survey, Abstract 212, City of Pearland, Brazoria County, Texas
General Location: North of Shadow Creek Parkway, east of Kingsley Drive
Planner Vince Hustead gave a presentation with exhibits. Staff recommended approval
of the Preliminary Plat of the Larkspur Communities Shadow Creek for the
following reasons:
1. The Preliminary Plat of Larkspur Communities Shadow Creek conforms to the flag lot
configuration under review (VARP 18-00003).
2. If the flag lot is approved, the lot configuration of Preliminary Plat of Larkspur
Communities Shadow Creek will conform to the UDC requirements for approval of a
Preliminary Plat. Mr. Hustead informed that the plat would not be able to be approved
at this time without the variance of the flag lot.
P&Z Commissioners had no comments.
P&Z Vice Chairperson Thomas Duncan made a motion, P&Z Commissioner Mary Starr
seconded the motion. Motion failed 4-2
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Master Plat of Modern Green Ivy District. P&Z Commissioner Derrell Isenberg
made a motion, P&Z Commissioner Mary Starr seconded the motion.
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Planner Vince Hustead gave a presentation with exhibits. Staff recommended approval
of the Master Plat of Modern Green Ivy District for the following reasons:
1. The Master Plat conforms to the Ivy District Planned Development.
2. The Master Plat provides parcels that will facilitate future development in
conformance to the form based zoning intended by the Lower Kirby Urban Center future
land use category.
3. The Master Plat of Modern Green Ivy District conforms to the UDC requirements for a
Master Plat.
P&Z Commissioners had no comments.
Motion passes 6-0
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Preliminary Plat of Modern Green Ivy District. P&Z Commissioner Layni Cade
made a motion, P&Z Commissioner Mary Starr seconded the motion.
Planner Vince Hustead gave a presentation with exhibits. Staff recommended approval
of the Preliminary Plat of Modern Green Ivy District for the following reasons:
1. The Preliminary Plat of Modern Green Ivy District conforms to the Ivy District Planned
Development.
2. The Preliminary Plat of Modern Green Ivy District conforms to the Master Plat under
review on this agenda.
3. The Preliminary Plat of Modern Green Ivy District conforms to the UDC requirements
for a Preliminary Plat.
4. The Preliminary Plat provides parcels that will facilitate future development in
conformance to the form based zoning intended by the Lower Kirby Urban Center future
land use category.
P&Z Chairperson Daniel Tunstall asked Staff if there was agreement by the developer
for access to the west and north of the property. Director of Economic Development
Matt Buchanan explained that Council approved two agreements one for onsite and one
for offsite infrastructure which would include access all the way through.
Motion passes 6-0
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Riverstone Ranch at Clear Creek Cluster Development Plan Amendment. P&Z
Commissioner Derrell Isenberg made a motion, P&Z Vice -Chairperson Thomas Duncan
seconded the motion. P&Z Commissioner Layni Cade had to step away from the
meeting.
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April 16, 2018
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CONSIDERATION AND POSSIBLE ACTION — RIVERSTONE RANCH AT CLEAR
CREEK CLUSTER DEVELOPMENT PLAN AMENDMENT
A request by Jennifer Curtis of BGE Kerry Gilberts and Associates applicant, on behalf
of Meritage Homes of Texas, LLC, owner, for approval of an amendment to the
Riverstone Ranch at Clear Creek Cluster Development Plan generally located
southeast of Riverstone Ranch Drive, south of the City of Houston ETJ.
Legal Description: Being a subdivision of 429.6 acres of land situated in the T.J.
Green Survey, Abstract 290, City of Pearland, Harris County, Texas also being a portion
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.
Being 4.901 acres of land located in the T. J. Green Survey, Abstract 290, Harris
County, Texas, being all of Lot 49 of the Allison -Richey Gulf Coast Home Company,
Part of Suburban Gardens, Section G, a subdivision of record in Volume 4, Page 48 of
the Map Records of said Harris county (H.C.M.R.), said Lot 49 being conveyed to
Joseph E. Bloodworth, by instrument of record in File Number J641062 of the Official
Public Records of Real Property of said Harris County (H.C.O.P.R.R.P)
Being 4.902 acres of land located in the T. J. Green Survey, Abstract 290, Harris
County, Texas, being all of Lot 102 of the Allison -Richey Gulf Coast Home Company,
Part of Suburban Gardens, Section G, a subdivision of record in Volume 4, Page 48 of
the Map Records of said Harris county (H.C.M.R.), said Lot 102 being granted to G. D.
Scott!!! by instrument of record in Volume 7526, Page 494 (C870644) of the Deed
Records of said Harris County, (H.C.D.R.)
Being 4.917 acres of land located in the T. J. Green Survey, Abstract 290, Harris
County, Texas, being all of Lot 31 of the Allison -Richey Gulf Coast Home Company,
Part of Suburban Gardens, Section G, a subdivision of record in Volume 4, Page 48 of
the Map Records of said Harris county (H.C.M.R.), said Lot 31 being conveyed to The
William Leonard Hatton and Wanda Lou Hatton Revocable Living Trust, Trust C, by
instrument of record in File Number U189346 of the Official Public Records of
Real Property of said Harris County (H.C.O.P.R.R.P.)
General Location: West of Clear Creek, Southeast of Hughes Road
City Planner Jai McBride gave a presentation with exhibits. Staff recommends approval
of the proposed Cluster Development Plan amendment for the following reasons
and with the following conditions:
1.The proposed Cluster Development Plan amendment meets the criteria of approval in
section 2.2.4.4 of the Unified Development Code.
2. The proposed Cluster Development Plan should not have any negative impacts on
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April 16, 2018
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surrounding properties or developments.
3. The proposed Cluster Development Plan is compatible with surrounding zoning and
uses as well as the Future Land Use Plan. The FLUP calls for low density residential
and park uses in this area.
4. The proposed Cluster Development Plan provides open space and amenities above
what is required through the application of standard residential zoning.
If approved Staff recommends:
1. Removing all existing disclaimers from the exhibits and tables.
2. Adding language to the Cluster that states any deviation from the amenities plan,
construction timelines or exhibits will need approval from the Director of Community
Development. P&Z Commission approval will be needed when adding additional land
to the Cluster Plan or when the Community Development Director deems that
deviations from the approved Cluster are substantial.
3. Adding language to the cluster that states the future sections will include a pocket
parks with enhanced amenities. The enhanced amenities will be defined in the design
criteria that must be approved by the Director of Community Development Department
prior to construction.
4. Adding language to the Cluster that states, all future amenities including landscaping,
pocket parks, internal trails, etc will be a part of an approved Subdivision Improvement
Agreement or completed before final plat approval. Mrs. McBride informed that the
developer has agreed to the staff recommendations except the language "or completed
before final plat approval".
P&Z Chairperson Daniel Tunstall did not have any issues with the amendment as long
as the SIA is included. Mr. Tunstall gave background information on this property. Mrs.
McBride explained the cluster development agreement that previously went before
Council. Mr. Tunstall was glad to see this finishing up.
P&Z Commissioner Troy Pradia made a motion to amend the four items that Staff
recommended striking or completed before final plat approval, P&Z Vice -Chairperson
Thomas Duncan seconded the motion. Deputy City attorney Lawrence Provins informed
that striking the completed final plan will not control the cluster agreement, the UDC will
always control. Jennifer Curtis with BGE Kerry Gilberts and Associates spoke briefly on
the SIA. Mr. Tunstall commented on the final plat process.
The amended motion failed 5-0. P&Z Commissioner Troy Pradia made a motion to
amend to keep the language in section four with all of Staff recommendations, P&Z
Commissioner Derrell Isenberg seconded the motion. The amended motion passes 5-0.
Motion passes 5-0.
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Zone Change 18-00003. P&Z Commissioner Mary Starr made a motion, P&Z
Vice Chairperson Thomas Duncan seconded the motion.
P&Z Regular Meeting Minutes
April 16, 2018
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CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE 18-00003
A request of Tetra Surveys. represented by David White, applicant, on behalf of
Presidio Equities, LLC represented by Ryan Taaffe, owner; for approval of an
addendum to add land and change the zoning from the Light Industrial (M-
1) zoning district to a Planned Development (PD) (Rice Drier Business Park) zoning
district; on approximately 22.8627 acres of land.
Legal Description: Being Lots 1, 2, 3, and detention reserve, a 22.8627 acre tract of
land out of a portion of Lots 28, 33, and 39 of W. Zychlinski's Subdivision, recorded in
Volume 29, Page 41, of the Brazoria County Deed Records, (B.C.D.R.), located in the
H.T. & B. R.R. Co. Survey, Abstracts 232 and 542, Brazoria County, Texas.
General Location: Approximately 22 acres at the SWC of Rice Drier Road and North
Main Street (SH35) with an address of 1916 North Main Street, Pearland TX.
No Staff wrap up
P&Z Commissioners had no comments
Motion passes 5-0
DISCUSSION ITEMS
1. Commissioners Activity Report -
2. Next P&Z Regular Meeting — May 7, 2018
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 7:43 pm
These minutes were respectfully submitted by:
Alma onza
Assistant
Minutes approved as submitted and/or corrected o this 7t/day of Ma 201
AV. //
Daniel Twstall, P & Z Chairperson
P&Z Regular Meeting Minutes
April 16, 2018
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