2018-07-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JULY 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
7:26 p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Layni Cade
P&Z Commissioner Mary Starr
P&Z Commissioner Derrell Isenberg
Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin
Griggs, Planner Vince Hustead, City Engineer Robert Upton, Assistant City Engineer
Ryan McKinnis, 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 Layni Cade made a motion to approve, P&Z Vice -Chair Thomas
Duncan seconded the motion. The motion passed 5-0.
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
1. Excuse the absences of P&Z Commissioners Derrell Isenberg & Mary
Starr from the, July 2, 2018 P&Z Regular Meeting.
2. Approve the P&Z Regular Meeting minutes from July 2, 2018
P&Z Regular Meeting Minutes
July 16, 2018
Page 1 of 6
CONSIDERATION AND POSSIBLE ACTION — REPLAT OF FOURTH PARTIAL
REPLAT OF SHADOW CREEK RANCH COMMERCIAL SITE NO. 18-A
A request of Joshua Kester, of Tri -Tech Surveying Co. LP., the applicant; on behalf of
Jahan Holdings, LLC., owner, for approval of the Fourth Partial Replat of Shadow Creek
Ranch Commercial Site No. 18-A, 1 non-residential lot on 1.264 acres of land located
on the east side of Kirby Drive about 296 feet north of Shadow Creek Parkway,
described to wit:
Legal Description: A 1.264 acre (55,066 square feet) Tract of land situated in the
Obediah Pitts Survey, A-71 and T.C.R.R. Co. Survey, Section 4, A-675, City of
Pearland, Brazoria County, Texas and Being a Portion of Lot "A", of the Third Partial
Replat of Shadow Creek Ranch, Commercial Site No. 18-A, as recorded in File No.
20009055545, of the Map Records of Brazoria County, Texas.
Location: East side of Kirby Drive about 296 feet north of Shadow Creek Ranch
Parkway.
Applicant Representative Joshua Kester with Tri -Tech Surveying, 10401 Westoffice Dr.,
Houston TX 77042 spoke to the Commission in regards to the water and sewer
easement which was dedicated to the City of Pearland and he was wanting to have the
City grant a release of that easement. Deputy City Attorney Lawrence Provins
recommended to the P&Z Commission to make a motion to reconsider the consent
agenda by pulling this item B and reschedule for a later date once the issue gets
resolved. A brief discussion ensued but Mr. Provins explained that dialogue on this item
was not allowed due to it may be a violation to the Texas meeting act.
P&Z Chairperson Daniel Tunstall made a motion to reconsider this item, P&Z
Commissioner Layni Cade seconded the motion. The motion to reconsider passed 5-0.
A motion to approve items Al and A2 on the consent agenda was made by P&Z Vice -
Chairperson Thomas Duncan, P&Z Commissioner Mary Starr seconded the motion.
The motion to approve items Al and A2 passed 5-0. The motion to approve item B from
the consent agenda was denied 0-5.
NEW BUSINESS
P&Z Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — Approval of a flag lot to allow for the Development of Property. P&Z
Commissioner Layni Cade made a motion, P&Z Commissioner Mary Starr seconded
the motion.
CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF A FLAG LOT TO
ALLOW FOR THE DEVELOPMENT OF PROPERTY.
P&Z Regular Meeting Minutes
July 16, 2018
Page 2 of 6
A request by Linda D. Day, applicant, and owner; for approval of a Variance Permitted
in Section 2.6.1.1 (b) (1) of the Unified Development Code, Ordinance No. 2000T, to
allow approval of the creation of an irregularly shaped flag lot within a SR -12 Single
Family zoning district.
Legal Description: Lot 16, in Block 2, of Cas -Con Acres Subdivision, A Subdivision in
Brazoria County, Texas, according to the Map or Plat thereof recorded in Volume 5,
Page 137 of the Plat Records of Brazoria County, Texas.
General Location: 5929 Cottonw000d Street
Planner Vince Hustead presented the Staff report with exhibits. Staff did not
recommend 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 SR -12 Suburban Residential for the subject property for
the following reasons:
1. The proposed lots will double the density of development on the property.
2. The proposed use is not compatible with the character and integrity of adjacent
developments and neighborhoods.
3. The proposed development will double the density of housing at this property by
providing two lots that are less than the size of the lot as originally platted.
P&Z Commissioner Derrell Isenberg was not in favor of the variance. P&Z Vice -
Chairperson Thomas Duncan did not think this was the right place for the flag lot. P&Z
Commissioner Mary Starr commented that this lot would not be an advantage for
anyone because it creates two non -conforming lots. P&Z Chairperson Daniel Tunstall
agreed with the Staff recommendations and was not in favor of the variance.
The motion was denied 0-5.
P&Z Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action —Approval of an Irregular Shaped Lot to Allow for the Development of
Property. P&Z Vice -Chairperson Thomas Duncan made a motion to approve, P&Z
Commissioner Derrell Isenberg seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF AN IRREGULAR
SHAPED LOT TO ALLOW FOR THE DEVELOPMENT OF PROPERTY.
A request by Lacey Bell, Windrose Services, applicant, on behalf of SR Pearland 11
LLC.; 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 an irregularly shaped lot within a Planned Unit Development zoning district.
P&Z Regular Meeting Minutes
July 16, 2018
Page 3 of 6
Legal Description: A subdivision of 12.801 AC. / 557,612 square feet of land, being a
Replat of The Center at Pearland Parkway Phase II recorded under Plat No.
2016011948, B.C.P.R., situated in the Thomas J. Green Survey, Abstract No. 198, City
of Pearland, Brazoria County, Texas.
General Location: Northwest side of Pearland Parkway at Pebble Creek Drive
Planner Vince Hustead 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
an irregularly shaped lot within a Planned Unit Development district for the subject
property for the following reasons:
1. The subject property is currently in a PD 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. Although the property is located in a Planned Development the proposed lot will
have a front to depth ratio of 19:1. Section 3.2.14.2 (c) requires Planning and
Commission approval for lots with a depth to width ratio greater than 3; 1.
P&Z Commissioners Derrell Isenberg and Layni Cade had no problem with the variance
and were in favor of the request. P&Z Chairperson Daniel Tunstall was not opposed to
the request. Deputy City Attorney Lawrence Provins addressed the P&Z Commission to
make them aware of the future detention maintenance. Associate Engineer Matt Brown
informed that BCDD No.4 were responsible for the maintenance and any issues with
future development of the detention would be addressed at that time.
Motion passed 5-0.
P&Z Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — (UDC) No. (T-28) Zone Change 18-00009.P&Z Vice -Chairperson
Thomas Duncan made a motion to approve, P&Z Commissioner Mary Starr seconded
the motion.
CONSIDERATION AND POSSIBLE ACTION — (UDC) No. (T-28) ZONE CHANGE
18-00009
A request of the City of Pearland, for a proposed amendment to Section
4.1.3.2 of the UDC regarding improvements required upon expansion and related
planning triggers.
P&Z Chairperson Daniel Tunstall made comments on the process and Council
recommendations. Deputy City Attorney Lawrence Provins explained the two choices
the P&Z Commission could do for at the meeting. Mr. Provins informed that they could
P&Z Regular Meeting Minutes
July 16, 2018
Page 4 of 6
make a recommendation to post pone for another date and ask Staff to bring them more
information on the triggers in question or make recommendation to present to City
Council to help and guide them so they can act accordingly. Mr. Tunstall asked legal if it
would be possible to vote on each UDC planning trigger. Mr. Provins explained it would
be difficult due to the numbering sequence. P&Z Commissioner Derrell Isenberg
suggested to table the items to get more time to do more research and additional
information on the triggers. Mr. Isenberg would like more time to receive additional
information on triggers #2, #3 and #4. Mr. Tunstall asked Staff what initiated the
changes to the UDC. Mrs. Cade asked if the changes were asked verbally or if a letter
was presented. Planning Manager Martin Griggs informed it was by letter in the
planning trigger section. Mr. Provins added that it would have been in writing. Mr.
Tunstall made a comment in regards to the exclusion on not providing a reason to for
each change but would like to petition for the reason for each change. Mrs. Starr was in
favor of trigger #3.
P&Z Chairperson Daniel Tunstall motioned to postpone to the September 10, 2018
meeting, P&Z Commissioner Derrell Isenberg seconded the motion. The motion to
postpone passed 5-0.
P&Z Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — Zone Change 18-00010. P&Z Commissioner Derrell Isenberg made a
motion to approve, P&Z Commissioner Mary Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE 18-00010
A request of Luke Billiot, applicant, on behalf of Horace Scott Clark, owners; for
approval of a change in the zoning classification from Neighborhood Services (NS)
zoning district to General Commercial (GC) zoning district; on approximately 0.6942
acres of land.
Legal Description: Lots Two (2) and Three (3), of Detenbeck and Barnhart
Subdivision, of 4.512 acres of land being the North 1.663 acres of lot Seventy -Seven
(77) and the South 2.849 acres of Lot Eighty (80), of the Figland Orchards Subdivision,
HT&B RR Co. Survey, Section Thirteen (13), Abstract 240, Brazoria County, Texas,
according to the map record in Volume 15, Page 10 of the Plat Records of Brazoria
County, Texas.
General Location: 5905 & 5909 Bardet Drive, Pearland TX.
No further comments from the P&Z Commission
The motion passed 5-0
DISCUSSION ITEMS
P&Z Regular Meeting Minutes
July 16, 2018
Page 5 of 6
1. Commissioners Activity-
P&Z Chairperson Daniel Tunstall would like Legal and
Staff to present the P&Z Commission what the procedure
is for initiating changes to the UDC from P&Z.
2. Next P&Z Regular Meeting - August 6, 2018
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 8:12 pm
These minutes were respectfully submitted by:
4
ales, ffice Assistant
Minutes approved as submitted and/or corrected on this 6th day of August 2018, A.D.
e
Dani Tunstall, P & Z Chairperson
P&Z Regular Meeting Minutes
July 16, 2018
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