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2018-06-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, MONDAY, JUNE 18, 2018 AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND TX CALL TO ORDER P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 8:48 p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice -Chairperson Thomas Duncan P&Z Commissioner Derrell Isenberg P&Z Commissioner Mary Starr P&Z Commissioner Layni Cade P&Z Commissioner Troy Pradia Also present were Deputy City Attorney Lawrence Provins, City Planner Jai McBride, Senior Planner Martin Griggs, Planner II Vince Hustead, Planner I Samin Bazargan, Associate Engineer Matthew Brown, and Executive Assistant Judy Brown. CALL TO ORDER REGULAR P&Z MEETING P&Z Chairperson Daniel Tunstall read into the record the items on the Consent Agenda and stated he wanted to pull Item C, Final Plat of Mirror Lake, from the Consent agenda. P&Z Commissioner Mary Starr made a motion to approve the Consent Agenda, excluding item C, and 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. A. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSED ABSENCE Excuse the absences of P&Z Commissioner Troy Pradia from the, June 4, 2018 P&Z Regular Meeting. P&Z Regular Meeting Minutes June 18, 2018 Page 1 of 7 Approve the P&Z Regular Meeting minutes from June 4, 2018. B. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF RIVERSTONE RANCH SECTION 10 A request of Jason Price of LJA Engineering, on behalf of Carlos Vieira of Meritage Homes, owner: to approve the Final of Riverstone Ranch Section 10, creating 40 single family lots and 4 reserves, described to wit: Legal Description: A Subdivision of 10.230 acres of land situated in the T.J. Green Survey, Abstract 290, City of Pearland, Harris County, Texas, Being all of Lot 49 and a portion of Lots 36 and 37 of the Allison Richey Gulf Coast Home Company part of Suburban Gardens, Section "G", a subdivision recorded in Volume 4, Page 48, map records of Harris County, Texas. General Location: North of Clear Creek; east of Barry Rose Road. REMOVED FROM CONSENT AGENDA C. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF MIRROR LAKE A request of Jason Price, LJA Engineering, the applicant; on behalf of W.B. Pearland, LLC, owner; for approval of the Final Plat of Mirror Lake creating 88 town home lots and 11 reserves on 15.507 acres of land, described to wit: Legal Description: A subdivision of 15.507 acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 242, City of Pearland, Brazoria County, Texas. General Location: North of Fite Road west of FM 1128. P&Z Commissioner Mary Starr made the motion to approve the Final Plat of Mirror Lake, and P&Z Commissioner Troy Pradia seconded the motion. Chairperson Daniel Tunstall asked for an update on the HL&P powerline easement being removed. He stated he would like to see this item tabled or postponed until they can remove the easement. Deputy City Attorney Lawrence Provins stated the Commission needed to approve or deny the plat. If approved, the applicant would need to come back with a replat and include all owner signatures. Chairperson Daniel Tunstall amended his original motion for the condition to be added for the removal of the HL&P powerline easement. Deputy City Attorney Lawrence Provins stated he did not recommend this action. Motion died for lack of a second motion. P&Z Regular Meeting Minutes June 18, 2018 Page 2 of 7 Discussion ensued between the Commissioners and staff. Chairperson Daniel Tunstall called for the vote. The vote was 3-3. The Final plat was denied. Commissioners Mary Starr, Troy Pradia and Derrell Isenberg voted to approve. Chairperson Daniel Tunstall, Vice -Chairperson Thomas Duncan, and Commissioner Layni Cade voted in opposition. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF A FLAG LOT TO ALLOW FOR THE DEVELOPMENT OF PROPERTY A request by Penegeo realty, LLC C/O Lacey Bell, Windrose Services, applicant, on behalf of Sealy Carlita and Brentwood Partners, LP C/O Beeman Strong & Co. Inc.; 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 described to wit: Legal Description: A tract or parcel containing 8.438 acres or 367,536 square feet of land being part of the residue of a called 118,755 acre tract of land conveyed to Marion E. Settegast Jr., et al as recorded in Volume 1421, Page 25 of the Brazoria County Deed records (B.C.D.R.) situated in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas, said tract being more particularly described by metes and bounds as follows, with all bearing based on the Texas State Plane Coordinate System, South Central Zone. General Location: Northwest side of Pearland Parkway approximately 2,400 feet north of Broadway St. (F.M. 518) P&Z Vice Chairperson Thomas Duncan made the motion to approve the Variance, P&Z Commissioner Troy Pradia seconded the motion. Planner II Vince Hustead presented the staff report stating staff recommends approval for the variance for a flag lot. P&Z Vice -Chairperson Thomas Duncan inquired about a shared driveway. Planner Hustead stated there would be a cross access easement. P&Z Chairperson Daniel Tunstall called for the vote. The vote was 6-0. The variance was approved. CONSIDERATION AND POSSIBLE ACTION — MASTER PLAT OF THE CENTER AT PEARLAND PARKWAY PHASE III A request of Andrew Allemand, of Windrose Land Services, the applicant; on behalf of Sealy P&Z Regular Meeting Minutes June 18, 2018 Page 3 of 7 Carlita Settegast and Brentwood Partners, LP C/O Beeman Strong & Co., Inc., owner; for approval of the Master Plat of The Center at Pearland Parkway Phase III, creating 3 lots and 1 restricted reserve on 8.438 acres of land located Northwest side of Pearland Parkway approximately 2,400 feet north of Broadway Street (FM 518) Legal Description: A Subdivision of 8.438 acres of land situated in the Thomas J. Green Survey, Abstract No. 198, City of Pearland, Brazoria County, Texas. General Location: Northwest side of Pearland Parkway approximately 2,400 feet north of Broadway Street (FM 518) P&Z Chairperson Mary Starr made the motion to approve the Master Plat; P&Z Vice - Chairperson Thomas Duncan seconded the vote. Planner II Vince Hustead presented the staff report stating staff recommended approval. There was no discussion among the Commission and staff. P&Z Chairperson Daniel Tunstall called for the vote. The vote was 6-0. The Master plat was approved. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE 18-00006 A request of Alan Mueller, applicant, on behalf of Louis E Lentz 111, Mary Beth Porter, Barbara Brogen, Billy Long, and Brian Long, owners; for approval of a change in the zoning classification from the General Commercial (GC) and Office & Professional (OP) zoning districts to Single -Family Residential -3 (R-3) zoning district; on approximately 25.0 acres of land. Legal Description: Tract 1: 10.0 acres, Tract 61, Section 9, HT&BRR Company Survey, Abstract 234, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. Tract 2: 10.0 acres, Tract 62, Section 9, HT&BRR Company Survey, Abstract 234, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. Tract 3: 5.0 acres, south 1/2 of Tract 60, Section 9, HT&BRR Company Survey, Abstract 234, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. Being 10.0032 acres of land, more or less, being Lot 24 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract Number 70, Brazoria County Texas. General Location: North of the intersection of Roy Road and Broadway Street, on the west side of Roy Road, immediately north of 2614 Roy Road, Pearland TX. P&Z Regular Meeting Minutes June 18, 2018 Page 4 of 7 P&Z Commissioner Mary Starr made the motion to approve the zone change; P&Z Vice - Chairperson Thomas Duncan seconded the motion. P&Z Commissioner Derrell Isenberg expressed the same concern as Council Member Trent Perez from the public hearing with regards to spot zoning and questioned whether the city should allow rezoning around this parcel. P&Z Commissioner Layni Cade stated her concerns involved the traffic on Roy Rd. P&Z Vice -Chairperson Thomas Duncan stated he was not concerned with the traffic but does not like spot zoning, adding he was not in favor of the zone change. P&Z Commissioner Mary Starr stated it might not be considered spot zoning, but more of a turning point for property that has set vacant for a long time. Commissioner Starr added that it time to change the Comprehensive Plan. Traffic was not an issue with her. P&Z Chairperson Daniel Tunstall asked legal for a definition of spot zoning. Deputy City Attorney Lawrence Provins made a comment that this was a loaded question and that he would not be able to answer that question but recommend Staff recommendation which is not to allow the zone change. Chairperson Tunstall stated he was opposed to R3 development because he believes it would be spot zoning. Applicant Mr. Paul Grohman, 4201 W Broadway, Pearland TX asked to speak. Mr. Grohman stated the property adjoining them on one side is residential in nature; the property to the west was also residential. He also added that adjacent to the residents on two sides, the property was zoned commercial. Mr. Grohman thanked P&Z Vice -Chairperson Duncan for his perspective on the TIA. He went on to state that if it would help, they could acquire additional property in order to rezone as residential. Further discussion ensued with regards to the applicants' intent to do a Cluster Plan once the property was rezoned. P&Z Chairperson Daniel Tunstall called for the vote. The vote was 1-5. The zone change failed, with Commissioner Mary Starr voting in favor. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE 18-00007 A request of Leon A. Dudley, applicant and owner; for approval of a change in the zoning classification from the Single -Family Residential -1 (R-1) zoning district to Office & Professional (OP) zoning district; on approximately 1.0000 acres of land. Legal Description: Tract 1: A 0.6653 acre tract of land called Lot 1 out of 5.3 acres conveyed by deed from M.N. McGalthery and wife, to L.M. McGalthery, recorded in volume 661, Page 628, Deed Records P&Z Regular Meeting Minutes June 18, 2018 Page 5of7 of Brazoria County, Texas, said 5.3 acre tract being out of a 27.09 acre tract, being part of Dagg 34 acre tract, in W.D.C. Hall League, Abstract 70, in Brazoria County, Texas which lies North of the centerline of F.M. Road No. 518. Tract 2: A 0.6656 acre tract of land called Lot 2 out of 5.3 acres conveyed by deed from M.N. McGalthery and wife, to L.M. McGalthery, recorded in Volume 661, Page 628, Deed Records of Brazoria County, Texas, said 5.3 acre tract being in W.D.C. Hall League, Abstract 70, in Brazoria County, Texas which lies North of the centerline of F.M. Road No. 518. General Location: 3224 Patricia Lane, Pearland TX P&Z Commissioner Derrell Isenberg made the motion to approve; P&Z Commissioner Layni Cade seconded the motion. P&Z Commissioner Mary Starr stated she was opposed. P&Z Commissioner Layni Cade stated she was concerned with the safety of the neighborhood and was also opposed. P&Z Chairperson Daniel Tunstall stated he was in favor of the zone change because it was similar to other properties that have been approved in that area. Question was asked of legal about the driveway on Broadway. Deputy City Attorney Lawrence Provins stated that only if the City supported the driveway on Broadway would they refer to TX DOT. P&Z Chairperson Daniel Tunstall called for the vote. The vote was 4-2. The zone change was denied with Chairman Tunstall and Vice -Chairman Duncan voting in favor. DISCUSSION ITEMS Commissioners Activity Report — Commissioners Derrell Isenberg and Mary Starr stated they would not be in attendance at the July 2, 2018 P&Z Regular Meeting. Next P&Z Regular Meeting — July 2, 2018 ADJOURNMENT P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 9:28 pm These minutes were respectfully submitted by: Judy BEdwn, Ecutfve Assistant Minutes approved as submitted and/or corrected on this 2nd day of July 2018, A.D. P&Z Regular Meeting Minutes June 18, 2018 Page 6 of 7 P&Z Regular Meeting Minutes June 18, 2018 Page 7 of 7