2018-03-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, MARCH 19, 2018 AT
6:30 P.M., HELD IN THE COUNCIL CHAMBERS 3519 LIBERTY DR., PEARLAND, TX
CALL TO ORDER
P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at
8:34 p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner David Selsky
P&Z Commissioner Mary Starr
P&Z Commissioner Layni Cade
Also present were Deputy City Attorney Lawrence Provins, City Planner Jai McBride,
Senior Planner Martin Griggs, Planning Technician Samin Bazargan, City Engineer
Robert Upton, 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 David Selsky made a motion to approve, P&Z Vice -Chairperson
Thomas Duncan seconded the motion. 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 AND
EXCUSED ABSENCE
1. Excuse the absence of P&Z Commissioner Mary Starr from the, January 29,
2018 P&Z Regular Meeting.
P&Z Regular Meeting Minutes
March 19, 2018
Page 1 of 7
2. Approve the P&Z Regular Meeting minutes from Monday, January 29, 2018
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION —VARIANCE FROM MINIMUM LOT
WIDTH TO ALLOW REDEVELOPMENT OF A LOT.
A request by John Wayne Shannon and Peggy Shannon, applicant/owner; for approval
of a Variance Permitted in Section 2.4.2.4 (c) (1) (b) and Section 2.6.1.1 (b)
(1) of the Unified Development Code, Ordinance No. 2000-T, to reduce the minimum lot
depth from 100 feet to 82.6 feet for an existing lot zoned Suburban Residential -12 and
to allow approval of the creation of a flag lot within the SR -12 Suburban Residential -12
zoning district described to wit:
Legal Description: Being a 1.596 acre tract of land located in the H.T. &
B.R.R. Co. Survey, Section 14, Abstract No. 509 in Brazoria County, Texas. Said 1.596
acre tract is in Lot 9 of said Section 14 and is that same tract of land described in a deed
to John W. Shannon and wife, Peggy Shannon as recorded in Clerk's File No.
2016054179 in the Brazoria County Clerk's Office.
General Location: 3847 Aubrell Road
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Variance from Minimum Lot Width to Allow Redevelopment of a Lot.
P&Z Commissioner David Selsky made a motion to approve, P&Z Commissioner Mary
Starr seconded the motion.
City Planner Jai McBride presented the Staff report and exhibits. Mrs. McBride informed
that Staff does recommend approval of the requested variances from the requirements
of Section 2.4.2.4 (c) (1) (b) and the guidelines of Section 2.6.1.1 (b) (1), which requires
the approval of the Planning and Zoning Commission to reduce the minimum lot depth
from 100 feet to 82.6 feet and the creation of a flag lot within a residential zoning district
for the proposed lot for the following reasons:
1. The subject property is currently zoned SR -12 and is consistent with the Low
Density Residential category 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.
The proposed use meets the standards for the SR -12 zoning district with the exception
Motion passed 5-0
P&Z Regular Meeting Minutes
March 19, 2018
Page 2 of 7
CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM MINIMUM LOT
WIDTH AND DEPTH TO ALLOW DEVELOPMENT OF A LOT
A request by Texas Engineering and Mapping Company, applicant, on behalf of Brittex
Holdings LLC, owner; for approval of a Variance Permitted in Section 2.4.4.6
(c) (1) (b) and (c) of the Unified Development Code, Ordinance No. 2000-T, to reduce
the minimum lot width from 150 to 0 feet in the northeast corner and the minimum lot
depth from 125 feet to 14 feet in the southwest corner for an existing lot zoned General
Commercial district described to wit:
Legal Description: A subdivision of a 2.0923 acre tract of land being a replat of
Restricted Reserve "A", Broadway at Woodcreek (Vol.23, Pg.7; B.C.P.R.) located in the
W.D.C. Hall League Survey, Abstract No. 70, City of Pearland, Brazoria County, Texas.
General Location: 1833 -1840 Broadway Street
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Variance from Minimum Lot Width to Allow Development of a Lot.
P&Z Vice -Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner
Mary Starr seconded the motion.
City Planner Jai McBride presented the Staff report and exhibits. Mrs. McBride informed
that Staff does recommend approval of the requested variances from the requirements
of Section 2.4.4.6 (c) (1) (b) and (c), which requires the approval of the Planning and
Zoning Commission to reduce the minimum lot width from 150 feet to 0 feet in the
northeast corner and reduce the minimum lot depth from 125 feet to 14 feet in the
southwest corner of Lot 1 for Broadway at Woodcreek Amending Plat No.1 for the
following reasons:
1. The subject property is currently zoned GC and is consistent with the Retail,
Offices, and Services category 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 GC zoning district with the
exception of the minimum lot width and depth for the northeast and southwest
corners of Lot 1, respectively.
P&Z Vice -Chairperson Thomas Duncan and P&Z Commissioners Mary Starr and Layni
Cade all agreed that the intended use of the property was good.
Motion passed 5-0
P&Z Regular Meeting Minutes
March 19, 2018
Page 3 of 7
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE 17-00023
A request of Houston Memorial Gardens Cemetery, applicant, on behalf of Sophie
Allbritton, represented by Carolyn Gamble POA for owner of Lot 60, Estate of Blanche
Gore, represented by Richard R. Royal) for owner of Lot 61, Evelyne L. Brown, Cynthia
Kirkland, Ind. executrix for owner of Lot 62; for approval of an addendum to an existing
Planned Development changing zoning from a Suburban Residential -12 (SR12) to a
Planned Development (PD) (Houston Memorial Gardens Cemetery Planned
Development) zoning district; on approximately 29.99 acres of land.
Legal Description: Lot 60: Being a 9.998 acre (435,525 square feet) tract of land being
all of Lot 60, of Allison Richey Gulf Coast Home Company's Subdivision of Section 19,
H. T. B. & RR Co Survey, A-243, Brazoria County,
Texas according to the map or plat thereof as recorded in Volume 2, Page 23 & 24 of
the Map Records of Brazoria County (M.R.B.C).
Lot 61: Being a 9.996 acre (435,445 square feet) tract of land being all of Lot 61, of
Allison Richey Gulf Coast Home Company's Subdivision of Section 19, H. T. B. & RR
Co Survey, A-243, Brazoria County, Texas according to the map or plat thereof as
recorded in Volume 2, Page 23 & 24 of the Map Records of Brazoria County (M.R.B.C).
Lot 62: Being a 9.996 acre (435,445 square feet) tract of land being all of Lot 62, of
Allison Richey Gulf Coast Home Company's Subdivision of Section 19, H. T. B. & RR
Co Survey, A-243, Brazoria County, Texas according to the map or plat thereof as
recorded in Volume 2, Page 23 & 24 of the Map Records of Brazoria County (M.R.B.C).
General Location: North of West Gate Street, east of Cullen Parkway, south of Hawke
Meadows Ro ad, and west of Avalon Terrace Subdivision.
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Zone Change 17-00023
P&Z Commissioner Mary Starr made a motion, P&Z Vice -Chairperson Thomas Duncan
seconded the motion.
P&Z Commissioner Mary Starr commented this was the best use for this property. P&Z
Commissioner Layni Cade had concerns with future flooding, the placement of a
crematory and displacement of any birds. P&Z Chairperson Daniel Tunstall had
comments regarding the current buffer requirements, fencing, mitigation would be under
the current UDC. Senior Planner Martin Griggs answered yes. Mr. Tunstall asked the
applicant for clarification if gravesites are currently within the 30 foot buffer to fence line.
Applicant, Mrs. Janice Howard explained they current buffer is up to the fence line. Mr.
Griggs explained the buffering with structures was not required. City Planner Jai
McBride clarified that a gravesite would be considered a structure. Deputy City Attorney
P&Z Regular Meeting Minutes
March 19, 2018
Page 4 of 7
Lawrence Provins explained the impact of a cemetery on a water well and further
research would be needed. Assistant Engineer Matt Brown explained the water lines
from the exhibits. Mr. Tunstall asked applicant if they would have an issue if P&Z post-
poned their case until an answer was researched on the water well issue. Mrs. Howard
explained they are scheduled on a closing in April and would like to get this done. A
discussion ensued on adding a 250 foot buffer around any water well.
P&Z Commissioner Mary Starr made a motion to amend to add a 250 foot buffer, P&Z
Chairperson Daniel Tunstall seconded the motion to amend. The motion to amend
failed 2-3. P&Z Commissioners David Selsky, Layni Cade and P&Z Vice -Chairperson
Thomas Duncan were opposed to amending the motion. P&Z Chairperson Daniel
Tunstall made a motion to post -pone until the April 2, 2018 P&Z meeting, P&Z
Commissioner Layni Cade seconded the motion. The motion passes 4-1. P&Z
Commissioner Mary Starr was opposed to postponing.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE 18-00001
A request of Edward Lang representing Biggie Crane and Rigging, applicant, on behalf
of John Clinton Bybee Jr., owner; for approval of a change in zoning from the Spectrum
District Sub -district 5 (S5) zoning to a Light Industrial (M-1) zoning district; on
approximately 9.719 acres of land.
Legal Description: Being a tract of land containing 9.719 acres, located in the R.T
Blackburn Survey, Abstract 160, in Harris County, Texas; said 9.719 acre tract being
out of Lot 30 of Orchard Ridge Addition to Almeda, a subdivision of record in Volume
64,Page 7, of the Harris County Deed Records (H.C.D.R.), same being all of the
remainder of a called 9.7917 acre tract of land recorded in the name of John Clinton
Bybee, Jr., in Harris County Clerk's File Number (H.C.C.F. No.) 20130220749.
General Location: South of Riley Road, east side of Almeda School Road, immediately
south of 14739 Almeda School Road.
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Zone Change 18-00001
P&Z Commissioner Mary Starr made a motion, P&Z Vice -Chairperson Thomas Duncan
seconded the motion.
Motion passed 5-0
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE 18-00002
Services, applicant, on behalf of Sealy Carlita Settegast and Brentwood Partners, LP
representing Beeman Strong & Co. Inc., owner; for approval of an addendum to add
P&Z Regular Meeting Minutes
March 19, 2018
Page 5 of 7
land and change the zoning from the Single -Family Residential -2 (R-2) zoning district to
a Planned Development (PD) (Center at Pearland Parkway) zoning district; on
approximately 8.438 acres of land.
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.
General Location: North and east of 2550 Pearland Parkway directly across from
Shallow Creek Drive.
P&Z Chairperson Daniel Tunstall read into the record the Consideration and Possible
Action — Zone Change 18-00002
P&Z Vice -Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner
Mary Starr seconded the motion.
Senior Planner Martin Griggs reminded the P&Z Commission that two items were being
requested to be added which was the enhanced site plan and the previously approved
2000M-154.
P&Z Vice -Chairperson Thomas Duncan made a motion to amend the original to include
Staff recommendations one thru four which was presented by Staff, P82 Commissioner
Mary Starr seconded the motion. The motion to amend the original motion passed 5-0.
P&Z Vice -Chairperson Thomas Duncan commented to approve the zone change with
the recommendations and let Staff work with the developer to figure out the super street
onset or install traffic signals. P&Z Chairperson Daniel Tunstall was in agreement with
Staff's recommendations. A discussion ensued on the TIA and the traffic signals
location and guidelines.
Motion passed 5-0
DISCUSSION ITEMS
1. Commissioners Activity Report - NONE
2. Next P&Z Regular Meeting — April 2, 2018 — P&Z Vice -Chairperson
Thomas Duncan will not be in attendance at the April 16, 2018
meeting
ADJOURNMENT
P&Z Regular Meeting Minutes
March 19, 2018
Page 6 of 7
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 9:17 pm
These minutes were respectfully submitted by:
Alma Go
ice Assistant
Minutes approved as submitted and/or corrected on this 29th day of January 2018, A.D.
\ j _________
ilk
Danie Tunstall, P & Z Chairperson
P&Z Regular Meeting Minutes
March 19, 2018
Page 7 of 7