2017-04-03 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 03, 2017, AT
6:30 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS
CALL TO ORDER
P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at
6:35 p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Commissioner Ginger McFadden
P&Z Commissioner Mary Starr
P&Z Commissioner Derrell Isenberg
P&Z Commissioner David Selsky
Also present were Deputy City Attorney Lawrence Provins, City Planner Jimontanae (Jai)
McBride, Senior Planner Martin Griggs, Associate Planner Vince Hustead, Associate
Engineer Matt Brown and Office Assistant Alma Gonzales.
CONSENT AGENDA
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 the items on the consent agenda,
P&Z Commissioner Mary Starr seconded the motion. The motion passes by a vote of 5-0.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND
EXCUSED ABSENCE
1. Excuse the absences of P&Z Commissioner David Selsky from the March
20, 2017 P&Z Regular Meeting.
2. Approve the P&Z Regular Meeting minutes from March 20, 2017.
CONSIDERATION & POSSIBLE ACTION — MASTER PLAT OF KIRBY
CROSSING
A request of Geoff Freemen, LJA Engineering, the applicant; on behalf of New
Broadway Ltd., owner; for approval of the Master Plat of Kirby Crossing creating 9
lots, on 21.858 acres of land located at the southwest corner of Broadway and Kirby
Drive.
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Legal Description: A Subdivision of 21.858 acres out of the H.T. & B.R.R.
Company Survey, Section 81, Abstract 300, City of Pearland, Brazoria County,
Texas.
Location: Southwest corner of Broadway and Kirby Drive.
P&Z Chairperson Daniel Tunstall read into the record the Master Plat of Kirby
Crossing. P&Z Commissioner Derrell Isenberg made a motion to approve and
P&Z Commissioner Mary Starr seconded the motion.
Associate Planner Vince Hustead presented the exhibits and staff report. Staff
recommends that the Master Plat of Kirby Crossing be approved with the following
conditions:
1. Show all common areas that will maintained by the property owners
association by distinct shading or similar, on the Master Plat as well as the
Utility Plan.
2. Label the width of landscaping islands on the Master Plat as well as the utility
one lines.
3. Add Crepe Myrtles and Oaks in the landscaping perimeter of the detention
area.
4. Remove all references to detention walls.
5. Add a note specifically detailing who will maintain the detention pond.
6. Overlay the landscape plan onto Master Plat.
7. Provide a tree mitigation plan.
P&Z Chairperson Daniel Tunstall had comments on the landscaping plans in
regards to no change in the slope drainage which was presented for the solution
and could not read the schedule of planning's for the detention area. Mr. Hustead
informed that one of the recommendations to the applicant was to add plantings
around the detention area. Mr. Hustead informed that the developer is in agreement
to the conditions. P&Z Commissioner Derrell Isenberg made the motion to amend to
include the seven staff recommendations, P&Z Commissioner Mary Starr seconded
the motion. The motion to amend passes 5-0.
The amended motion passes 5-0.
P&Z Chairperson Daniel Tunstall read into the record the Preliminary Plat of Kirby
Crossing Section Two Replat No.1. P&Z Commissioner Derrell Isenberg made the
motion to approve, P&Z Commissioner Mary Starr seconded the motion.
CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF KIRBY
CROSSING SECTION TWO REPLAT NO. 1
A request of Geoff Freemen, LJA Engineering, the applicant; on behalf of New
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April 03, 2017
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Broadway Ltd., owner; for approval of the Preliminary Plat of Kirby Crossing Section
2 Replat No. 1 creating 5 lots, on 16.687 acres of land located on the south of
Broadway on the west side of Kirby Drive.
Legal Description: A Subdivision of 16.687 acres out of the H.T. & B.R.R.
Company Survey, Section 81, Abstract 300, City of Pearland, Brazoria County,
Texas, also being a Replat of all of Kirby Crossing Section Two, as recorded in
Document No. 2013045429, Brazoria County Official Records.
Location: 11600 Broadway
Associate Planner Vince Hustead presented the exhibits and staff report. Staff
recommends that the Preliminary Plat of Kirby Crossing Section Two Replat No.1
be approved with the following conditions:
1. That the Preliminary Plat of Kirby Crossing Section 2 Replat No. 1 conforms
to the Master Plat of Kirby Crossing.
2. That the Preliminary Plat of Kirby Crossing Section 2 Replat No. 1 conforms
to the approved Pearland Town Center Planned Unit Development.
P&Z Commissioner Derrell Isenberg made the motion to amend to include the two
staff recommendations, P&Z Commissioner David Selsky seconded the motion.
The motion to amend passes 5-0.
The amended motion passes 5-0.
P&Z Chairperson Daniel Tunstall read into the record the Preliminary Plat of
Reserve Boulevard Street Dedication. P&Z Commissioner David Selsky made the
motion to approve, P&Z Commissioner Derrell Isenberg seconded the motion.
CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF RESERVE
BOULEVARD STREET DEDICATION
A request of Jason Price, LJA Engineering, the applicant; on behalf of CCAC
Reserve Holdings, LLC, owner; for approval of the Preliminary Plat of Reserve
Boulevard Street Dedication creating 60 feet of public right of way and 1
commercial lot on 8.262 acres of land from Medical Center Drive to Discovery Bay
Drive.
Legal Description: A subdivision of 8.262 acres of land situated in the William
Morris Survey, Abstract 344 and the J. Crawley Survey, Abstract 174, Brazoria
County, Texas, being a replat of Lot 1, Block 1, the reserve at Shadow Creek
South, a subdivision recorded in Document No. 2014012607, official records of
Brazoria County, Texas.
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Location: west of State Highway 288 from Medical Center Drive to Discovery Bay
Drive.
Associate Planner Vince Hustead presented the exhibits and staff report. Staff
recommends that the Preliminary Plat of Reserve Boulevard Street Dedication be
approved with the following conditions:
1. That the street name be changed from Reserve Boulevard.
2. That the street light poles be placed to meet the City of Pearland's maximum
spacing of 220 feet.
P&Z Commissioner Ginger McFadden inquired if this particular item was on a
previous agenda regarding the street name change. Mr. Hustead and Deputy City
Attorney Lawrence Provins explained the Reserve Blvd. street dedication with
Reserve Street dedication would be confusing, so this name change would reduce
confusion.
P&Z Commissioner David Selsky made the motion to amend to include the two
staff recommendations, P&Z Commissioner Mary Starr seconded the motion.
The motion to amend passes 5-0.
The amended motion passes 5-0.
P&Z Chairperson Daniel Tunstall read into the record the Preliminary Plat of
Commerce Drive Street Dedication. P&Z Commissioner David Selsky made the
motion to approve, P&Z Commissioner Ginger McFadden seconded the motion.
Associate Planner Vince Hustead presented the exhibits and staff report. Staff
recommends that the Preliminary Plat of Commerce Drive Street Dedication be
approved with the following condition:
1. That approval from the Texas Department of Transportation be obtained for
Commerce Drive to connect to the State Highway 288 frontage road.
P&Z Chairperson Daniel Tunstall inquired if the condition was required to get the
access. Mr. Hustead explained that staff wanted to make sure permission was
obtained from the Texas Department of Transportation highway connection. P&Z
Commissioner Mary Starr asked for clarification on the street name. Mr. Hustead
explained the name of the street will be Commerce Drive and the addition of street
in the name refers to the street dedication of right of way.
P&Z Commissioner David Selsky made the motion to amend to include the one
staff recommendation, P&Z Commissioner Mary Starr seconded the motion.
The motion to amend passes 5-0.
The amended motion passes 5-0.
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P&Z Chairperson Daniel Tunstall read into the record the Final Plat of Riverstone
Ranch at Clear Creek Section 7. P&Z Commissioner Mary Starr made the motion to
approve, P&Z Commissioner Ginger McFadden seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF RIVERSTONE
RANCH AT CLEAR CREEK SECTION 7
A request of Rene Rodriguez of LJA Engineering, on behalf of Shannon Wiespape
of Meritage Homes, owner: to approve the Final Plat of Riverstone Ranch at Clear
Creek Section 7 creating 48 single family lots and 5 reserves, described to wit:
Legal Description: A subdivision of 16.001 acres of land situated in the T.J. Green
Survey, Abstract 290, City of Pearland, Harris County, Texas, being parts of Lots
75, 76, 77, 78, 91 & 95 and all of lot 92 of the Allison Richey Gulf Coast Home
Company part of Suburban Gardens, Section "G", a subdivision of record in Volume
4, Page 48, map records of Harris County, Texas, and a portion of Tract One,
drainage easement of the Green Tee Terrace Section Seven, a subdivision
recorded in film code no. 352061, map records of Harris County, Texas.
Location: North of Clear Creek, east of Riverstone Ranch Drive.
Associate Planner Vince Hustead presented the exhibits and staff report. Staff
recommends approval of the Final Plat of Riverstone Ranch Section 7 for with the
following conditions:
1. That the final plan to meet parkland dedication ordinance per cluster plan be
completed.
2. That the standard development note granting all adjoining residential
properties driveway access be added to the plat.
P&Z Chairperson Daniel Tunstall inquired about the cluster conditions. Mr. Hustead
explained Staff was working the Parks department to get the park plan issues
resolved with the Parkland dedication. Deputy City Attorney Lawrence Provins
explained the UDC does allow the Parks department to deny the proposed
dedicated property and the city and developer are in negotiations for enhancing the
trail system area instead of granting the land, amendments are being worked out for
both the cluster plan and development agreement to finish the trail system.
P&Z Commissioner Derrell Isenberg inquired if the Parks department does not take
the land, what would happen to that land. Mr. Hustead explained that it may be re-
development for residential lots however the process to future land use is currently
on going.
P&Z Commissioner Mary Starr made the motion to amend to include the two
staff recommendations, P&Z Commissioner David Selsky seconded the motion.
The motion to amend passes 5-0.
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The amended motion passes 4-1. P&Z Chairperson Daniel Tunstall was opposed.
P&Z Chairperson Daniel Tunstall read into the record the Preliminary Plat of
Tranquility Lake Estates. P&Z Commissioner Mary Starr motions to approve, P&Z
Commissioner Ginger McFadden seconds the motion.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF
TRANQUILITY LAKE ESTATES
A request of John English, Rekha Engineering, Inc., the applicant; on behalf of
Rene West, R. West Development owner; for approval of the Preliminary Plat of
Tranquility Lake Estates creating 24 single family lots and 5 reserves on 15.7778
acres of land on the north side of Fite Road about 150 feet west of the Meadow
Hurst Drive intersection, described to wit:
Legal Description: A subdivision of 15.7778 acres of land situated in the
southwest'/ of the northwest 1/4 of Section 17, H.T.&B.R.R. Co. Survey, Abstract
No. 242, City of Pearland, Brazoria County, Texas.
Location: north side of Fite Road about 150 feet west of the Meadow Hurst Drive
intersection
Associate Planner Vince Hustead presented the exhibits and staff report. Staff
recommends approval of the Preliminary Plat of Tranquility Lake Estates with the
following condition:
1. That a note be added to the plat that on March 20, the Planning and Zoning
Commission approved the requested variance from Section 2.4.4.5 (c) (1) (a)
(b) and (c), of the Unified Development Code, Ordinance No. 2000-T, to
increase the maximum excepted length of a cul de sac from 1,200 feet by
205.3 feet to 1,405.3 feet
P&Z Chairperson Daniel Tunstall made the motion to amend to include the one
staff recommendation, P&Z Commissioner Mary Starr seconded the motion. The
motion to amend passes 5-0.
The amended motion passes 5-0.
P&Z Chairperson Daniel Tunstall read into the record the Replat of Corrigan North
Partial Replat No.1.P&Z Commissioner David Selsky made a motion to approve,
P&Z Commissioner Mary Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — REPLAT OF CORRIGAN NORTH
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PARTIAL REPLAT NO. 1
A request of Donna Eckels, PRO-SURV, the applicant; on behalf of Donald E
Benes, owner; for approval of the Replat Plat of Corrigan North Partial Replat No. 1
creating 2 single family lots on .4467 acres of land located at 2411 Anthony Drive
and 2408 Goodrich Drive, described to wit:
Legal Description: A 0.4467 acre tract of land, more or less being lots 2 and 32, in
block 4, or Corrigan North, a subdivision in Brazoria County, Texas, according to
the map or plat thereof, recorded in Volume 15, page 109 of the plat records of
Brazoria County, Texas.
Location: 2411 Anthony Drive and 2408 Goodrich Drive, described to wit:
Associate Planner Vince Hustead presented the exhibits and staff report. Staff does
not recommend approval of the Replat of Corrigan North Partial Replat No. 1 for the
following reasons:
1. The plat would create a double frontage lot fronting on residential streets in a
residential area contrary to the intent of Section 3.2.14.2 (e) of the UDC
which states:
"Double Frontage Lots. Double frontage lots shall be avoided, except where
they may be essential to provide separation of residential development from
major thoroughfares, or to overcome a specific disadvantage or hardship
imposed by topography or other
factors. Where lots have double frontage, are not screened, and/or are
provided access directly onto a major thoroughfare, building setback lines
shall be established for each street side, and rear yard screening shall be
provided in accordance with Chapter 4, Article 2, Division 4. Residential Tots
shall not back onto any residential street or collector street within a
residential area or neighborhood, provide direct access onto a major
collector or major or minor thoroughfare except as provided by Section
3.2.6.4, or have more than one-half of its perimeter boundaries along
streets."
Property owner Donald Benes, 2411 Anthony Ln., Pearland TX 77581, gave
a verbal presentation and explained to the Commission that he was
interested in the land behind his house for backyard use. P&Z Commissioner
Derrell Isenberg asked Mr. Benes if a house was presently on the property,
Mr. Benes answered no, just a side lot from the property he purchased. A
discussion ensued with the property owner and Commission. Deputy City
Attorney Lawrence Provins made a recommendation for addressing the Staff
comments would be to add notes to the plat or postpone and work with
Mr. Benes and Pro-Surv, the applicant. A discussion ensued regarding the
fence, driveway, setbacks and access into the lot. P&Z Chairperson Daniel
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Tunstall inquired to Staff if it would be acceptable to add a single condition
that only single access from Anthony Street only. Mr. Hustead answered it
would be acceptable. The property owner agreed. HOA does not exist in this
neighborhood. City Planner Jai McBride recommended a note be added to
the plat limiting only one access from Goodrich Street to comply with the
UDC.
P&Z Chairperson Daniel Tunstall made the motion to amend the
approval to add a note on the plat to include the three Staff
recommendations:
1. The fence should match the height and type of the current resident at
2403 Anthony.
2. The side yard setback of the fence from Goodrich be no closer to the
sidewalk than 2413 Anthony.
3. Access to Goodrich Street should be limited to pedestrian gate on the
fence only.
P&Z Commissioner Mary Starr seconded the motion. The
motion to amend passes 5-0.
The amended motion passes 5-0.
P&Z Chairperson Daniel Tunstall read into the record the Variance from
Minimum Lot Width and Area to Allow Platting of a Lot and the Creation of a
Flag Lot. P&Z Commissioner Derrell Isenberg made a motion to approval,
P&Z Commissioner Mary Starr seconded the motion.
Associate Planner Vince Hustead presented the exhibits and staff report.
Staff recommends approval of the requested variances from Section 2.4.2.4
(c) (1) b of the Unified Development Code, Ordinance No. 2000-T:
1. To reduce the width of the pole from 50' to 25' for the 3.18 acre flag
lots permitted shown as Tract A on the survey.
2. To reduce the minimum lot width (of the 0.63 acre lot) from 150 feet to
90.04 feet shown as Outpad 1 on the survey.
The owner, Opie Baath gave a brief verbal presentation. P&Z Commissioner
David Selsky inquiries were regarding the access from Broadway and if
owner knew what type of use the strip center would be. Mr. Baath gave his
explanation.
The motion passes 4-1. P&Z Commissioner David Selsky was opposed.
P&Z Chairperson Daniel Tunstall read into the record the Variance from
Minimum Lot Width to Allow Platting of a Flag Lot. P&Z Commissioner Mary
Starr made the motion to approve, P&Z Commissioner Ginger McFadden
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seconded the motion.
Associate Planner Vince Hustead presented the exhibits and staff report.
Staff recommends approval of the requested variance for the property
described as a survey of a 0.8278 acre, 36,060 square feet tract of land
located in the HT&B RR Survey, Abstract No. 243, Brazoria County, Texas
and being a portion of Lot 24, Section 19 of Allison Richey Gulf Coast Home
Company, a subdivision of record under volume 2, Page 24 of the Deed
Records, Brazoria County, Texas (D.R.B.C.T.) to create a flag lot per the
requirement of Section 2.6.1.1 (b) (1) which requires the approval of the
Planning and Zoning Commission to create a flag lot for the following
reasons:
1. The Unified Development Code will assure the development of this
property is in conformance with the goals of the city.
2. The proposed lots will exceed the minimum lot area of the SR -12
Suburban Residential zoning district.
Motion passes 5-0.
DISCUSSION ITEMS
1. City of Pearland's Subdivision & Platting Process - Comprehensive
overview of the City of Pearland's Subdivision & Platting process beginning
with application intake and ending with recordation. - Associate Planner
Vince Hustead gave a Power Point Presentation.
2. Commissioners Activity Report - NONE
3. Next P&Z Regular Meeting — April 17, 2017
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 8:40 p.m.
These minutes were respectfully submitted by:
n
Alma Gonzales, Offi%e Assistant
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Minutes approved as submitted and/or corrected on this 1 t day of April 2017, A.D.
Daniel lTunstall, P & Z C1
hairperson
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April 03, 2017
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