2018-10-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, OCTOBER 15 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
7:08 p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Commissioner Derrell Isenberg
P&Z Commissioner Layni Cade
P&Z Commissioner Troy Pradia
P&Z Commissioner Ronald Wicker
P&Z Commissioner Mary Starr
Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin
Griggs, Planner Vince Hustead, Assistant City Engineer Ryan McKinnis and Office
Assistant Alma Gonzales.
CALL TO ORDER REGULAR P&Z MEETING
Chairperson Daniel Tunstall read into the record the items on the consent agenda.
Commissioner Mary Starr made a motion to approve, Commissioner Ronald Wicker
seconded the motion. The 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. Excuse the absence of P&Z Commissioner Darrell Isenberg from the
October 1, 2018, P&Z Regular Meeting.
2. Approve the P&Z Regular Meeting minutes from the October 1, 2018
P&Z Regular Meeting Minutes
October 15, 2018
Page 1 of 7
meeting.
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF STEWART
HEIGHTS SECTION 12 PLAT 18-00119
A request of Jason Price, of LJA Engineering the applicant; on behalf of
Savannah Development, LTD., owner; for approval of the Final Plat of
Stewart Heights Section 12 creating 60 single family lots, and 1 reserve on ±
14.552 acres of land located north of County Road 58 on the Brazoria / Fort
Bend County Line, described to wit:
Legal Description: A subdivision of 14.552 acres of land situated in the A.B.
Langerman Survey, Abstract 625 and the A.C.H.& B. Survey, Abstract 403,
Brazoria County, Texas.
General Location: north of County Road 58 on the Brazoria / Fort Bend
County Line.
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF BAKERS LANDING
TOWNHOMES PLAT 18-00106
A request of Jason Price, LJA Engineering, the applicant; on behalf of DR
Horton Texas, Ltd owner; for approval of the Final Plat of Bakers Landing
Townhomes creating 48 townhome lots and 6 reserves on 7.576 acres of
land, described to wit:
Legal Description: A subdivision of 7.576 acres of land situated in the H.T.
& B.R.R. Company Survey, Abstract 239, City of Pearland, Brazoria County,
Texas, Being out of Tracts M, L and P, Pearland Pavilion, A subdivision
Recorded in Volume 17, Pages 385-386, Plat Records of Brazoria County, Texas.
General Location: North of Hampshire Street east of State Highway 35
NEW BUSINESS
Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action —Variance from Minimum Lot Depth to Allow Platting of a New Lot
VARP 18-00016. Commissioner Layni Cade made a motion to approve, Commissioner
Derrell Isenberg seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM MINIMUM LOT
DEPTH TO ALLOW PLATTING OF A NEW LOT. VARP 18-00016
P&Z Regular Meeting Minutes
October 15, 2018
Page 2 of 7
A request by Samantha Jo Vickory, Windrose Land Services, applicant, on
behalf of Vaquero Kirby Partners LP, owner; for approval of a Variance from
Section 16.4.1 (c), of the Land Use & Urban Development Ordinance, Ordinance No.
509-H, to allow platting of a lot that will have a lot depth of zero feet at the east corner
of the lot located within the Shadow Creek Ranch Planned Unit Development -
Commercial on .5980 acres of land, to wit:
Legal Description: A Subdivision of 1.5923 acres / 69,359 Square feet
situated in the Jon W. Maxcy Survey, A-675 City of Pearland, Brazoria
County, Texas.
General Location: North side of Broadway about 200 feet east of Kirby
Planner Vince Hustead gave a presentation and informed Staff recommended approval
of the requested variance of 125 feet for the proposed lot per Section 16.4.1 (c), of
the Land Use & Urban Development Ordinance, Ordinance No. 509-H, for the following
reasons:
1. The proposed lot will provide for utilization of an existing oddly shaped tract.
2. With the exception of the minimum lot depth the proposed lot will conform to the lot
design requirements of the Shadow Creek Ranch P.U.D. — Commercial district.
Applicant Representative, Andrew Allemand with Windrose Land Services, 3200
Wilcrest #325, Houston TX 77042, gave a brief presentation and was available for
comments and questions.
Commissioner Mary Starr did not have a problem with the request. Commissioner
Ronald Wicker made a comment in regards to the graphics provided by Staff. Deputy
City Attorney Lawrence Provins explained for future references the different ways to
view the Staff's exhibits and reports.
The motion passed 5-1, Chairperson Daniel Tunstall was opposed to the variance.
Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action —Approval of the Creation of Two Irregular Shaped Lots VARP 18-
00018. Commissioner Layni Cade made a motion to approve, Commissioner Derrell
Isenberg seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF THE CREATION OF
TWO IRREGULAR SHAPED LOTS. VARP 18-00018
A request by Josh Kester, applicant, on behalf of Yanfu Management, LLC;
for approval of a Variance Permitted by Section 2.6.1.1 (b) (1) of the Unified
P&Z Regular Meeting Minutes
October 15, 2018
Page 3 of 7
Development Code, Ordinance No. 2000-T,to allow approval of the creation of a two
irregularly shaped lots within the R-1 Single Family zoning district, described
to wit:
Legal Description: A subdivision of 0.6068 acres (26,432 square feet) of
land situated in the Perry & Austin League, Abstract III, City of Pearland, and
being a replat of Lot Five (5), Block Seven (7), Longwood Park Section 1, according to
the map or plat thereof, recorded in / under Volume 9, page 143, of the Map
Records of Brazoria County, Texas.
General Location: 1401 Paul Drive
Planner Vince Hustead gave a presentation and informed Staff recommended a
postponement of the application to the November 5, 2018 Planning and Zoning
Commission for the following reason:
1. To allow the applicant to secure an encroachment agreement from the pipeline
company to allow the construction of a future driveway on proposed Lot 1.
The Citizens in attendance did not wish to speak at this meeting.
Commissioner Troy Pradia asked Staff what the reason was for the postponement,
Planner Vince Hustead explained the applicant would like to present more information
to the P&Z Commission to include a site plan and secure permission to be able to build
a driveway on the site. Commissioner Layni Cade asked what were the comments and
if any calls were received from Citizens. Mr. Hustead explained the development
concerns of the Citizens and there were no calls received. Commissioner Derrell
Isenberg commented on his vote. Commissioner Pradia would like to give the applicant
another opportunity to make their presentation. Mr. Pradia made a motion to postpone
the item until the November 05, 2018 meeting, Commissioner Starr seconded the
motion. The motion to postpone was denied 2-4. Commissioners Pradia and Starr were
in favor to postpone. Chairperson Tunstall made a motion to re -consider postponement,
Commissioner Pradia seconded the motion. Commissioner Starr commented on giving
the applicant a fair hearing. The motion was denied 3-3, Commissioners Pradia, Starr
and Chairperson Tunstall were in favor of the re -consideration.
Planner Mr. Hustead gave a second brief presentation due to a live motion of the
variance request. Mr. Hustead explained the criteria of approval for the variance.
Commissioner Isenberg had concerns with flooding and outside traffic issues. Mr.
Isenberg was dead set against the variance. Commissioner Pradia was in favor of
giving everyone a fair opportunity. Commissioner Wicker commented on taking a large
lot to create two lots would create a problem. Mr. Wicker discussed the ordinance that
was passed in 1986 having to do with building adjacent to pipelines requiring a 100 foot
setback for the principle reason of safety. Mr. Wicker would be against the variance.
P&Z Regular Meeting Minutes
October 15, 2018
Page 4 of 7
Commissioner Starr was against the variance because of the original plat was for large
lots and the pipeline location. Chairperson Daniel Tunstall would be opposed to
development on existing pipeline easements on this lot. Commissioner Pradia asked
Staff for verification with the replat, how close it would be to the pipeline. Mr. Hustead
that it would be the same dimensions. Deputy City Attorney Lawrence Provins explained
that information could not be provided without a building permit. A discussion ensued of
pipeline setbacks. Mr. Hustead and Mr. Provins informed that the setback for this
property would be between 80 feet to 110 feet. Commissioner Pradia asked how one
can address setbacks for pipelines. Mr. Lawrence explained the UDC revisions.
Motion was denied 0-5, Commissioner Pradia abstained from the vote.
Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — Replat Longwood Park Section 1 Replat of Lot 5, Block 7 Plat 18-
00089. Commissioner Cade made a motion to approve, Commissioner Starr seconded
the motion.
CONSIDERATION AND POSSIBLE ACTION — REPLAT LONGWOOD PARK
SECTION 1 REPLAT OF LOT 5, BLOCK 7 PLAT 18-00089
A request of Josh Kester, the applicant; on behalf of Yanfu Management, LLC, owner;
for approval of the ReplatLongwood Park Section 1, Replat of Lot 5, Block 7 creating
two residential lots on 0.6068 acres of land located at 1401 Paul Drive, described to wit:
Legal Description: A subdivision of 0.6068 acres (26,432 square feet) of land situated
in the Perry & Austin League, Abstract Ill, City of Pearland, and being a replat
of Lot Five (5), Block Seven (7), Longwood Park Section 1, according to the map or plat
thereof, recorded in / under Volume 9, page 143, of the Map Records of Brazoria
County, Texas.
General Location: 1401 Paul Drive.
Planner Vince Hustead gave a presentation and informed that Staff did not recommend
approval of the replat since the variance to create two irregular shaped lots was denied
by the P&Z Commission.
The motion was denied 0-5. Commissioner Pradia abstained from the vote.
Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — Zone Change Application No. Zone 18-00019. Commissioner Starr
made a motion to approve, Commissioner Wicker seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
ZONE 18-00019
P&Z Regular Meeting Minutes
October 15, 2018
Page 5 of 7
A request of Stream Realty, applicant, represented by Andrew Allemand of Windrose
Land Services, on behalf of SR Pearland, owner, for approval of a change in the zoning
classification from the Single -Family Residential -2 (R-2) to Planned Development
(PD) zoning district; on approximately 8.495 acres of land.
Legal Description: A tract or parcel containing 8.495 acres or 370,052 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 Thomas J. Green Survey, Abstract No. 198,
Brazoria County, Texas.
General Location: North of Pearland Parkway across from Shallow Creek Dr.
Pearland TX.
Staff Report was presented earlier during the Joint Special Meeting.
The motion passed 6-0.
DISCUSSION ITEMS
1. UDC Text Amendment T-29 - A request of the City of Pearland, for
proposed amendments to the Unified Development Code, Ordinance No.
2000T, to permit massage parlors only by a Conditional Use Permit (CUP)
and to allow additional tree credits to provide commercial developers relief
from tree mitigation. — DISCUSSION ENSUED BY COMMISSION AND STAFF
REGARDING WORDING AND DEFINITIONS, APPLCANTS GIVEN A LIST OF
CONDITIONS, ADDING RESTICTIONS AND LICENSE REQUIREMTS FOR
MESSAGE FACILITY PERMITS. JOSEPH MADISON, 3435 SHELDON DR.
PEARLAND TX. MR, MADISON WAS REPRESENTING ON BEHALF OF
GROUP STOP. MR. MADISON ADDRESSED THE TOPIC OF BROTHELS AND
THE EFFECT THAT TYPE OF BUSINESS BRINGS TO THE COMMUNITY.
CONSTABLE BUCK STEVENS REPRESENTING UNITED FRONT COALITION,
4701 W. ORANGE, PEARLAND TX. MR. STEVENS SPOKE ABOUT BUSINESS
HOURS AND INCLUDING ALL PARTS OF THE BODY TO REFERENCE TO
THE TYPE OF MESSAGES.
2. Commissioners Activity Report - NONE
3. Next P&Z Regular Meeting — November 5, 2018
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 8:22 p.m.
P&Z Regular Meeting Minutes
October 15, 2018
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These minutes were respectfully submitted by:
Alma Gonzaluofl
Assistant
Minutes approved as submitted and/or corrected on this 19th day of November 2018,
A.D.
P&Z Regular Meeting Minutes
October 15, 2018
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