2017-04-17 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 17, 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
9:43 p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Troy Pradia
P&Z Commissioner Mary Starr
P&Z Commissioner Derrell Isenberg
P&Z Commissioner David Selsky
Also present were Deputy City Attorney Lawrence Provins, President, PDEC, Matt
Buchanan, Community Development Director Lata Krishnarao, City Planner Jimontanae
(Jai) McBride, Senior Planner Martin Griggs, Associate Planner Vince Hustead,
Development Coordinate Clarence Sirmons, 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 6-0.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSED
ABSENCE
1. Excuse the absences of Vice -Chairperson Thomas Duncan and P&Z
Commissioner Troy Pradia from the April 03, 2017 P&Z Regular Meeting.
2. Approve the P&Z Regular Meeting minutes from April 3, 2017.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SHADOW GROVE
SECTION 6
A request of Jason Price, LJA Engineering, Inc., the applicant; on behalf of Thomas
Sikora, KB Home, owner; for approval of the Final Plat of Shadow Grove Section Six,
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April 17, 2017
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creating 59 single family lots, on 13.1 acres of land located south of Broadway and east of
F.M. 521, described to wit:
Legal Description: Being 13.139 acres of land containing 59 lots and 1 reserve in two
blocks out of the A.B. Langermane Survey, A-555 City of Pearland, and Fort Bend County,
Texas.
General Location: South of Broadway and East of F.M. 521
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF SHADOW
GROVE SECTION 7
A request of Jennifer Curtis, BGE / Kerry R. Gilbert & Associates, the applicant; on behalf
of Thomas Sikora, KB Home, owner; for approval of the Preliminary Plat of Shadow Grove
Section Seven, creating 63 single family lots, on 18.9 acres of land located south of
Broadway and east of F.M. 521, described to wit:
Legal Description: Being 19.9± acres of land containing 63 lots (50' x 120' type) and 2
reserve in two blocks out of the A.B. Langermane Survey, A-555 City of Pearland, Fort Bend
County, Texas.
General Location: South of Broadway and East of F.M. 521
P&Z Chairperson Daniel Tunstall read into the record the Final Plat of Bakers Landing
Section 3. P&Z Commissioner Derrell Isenberg made a motion to approve, P&Z
Commissioner Mary Starr seconded the motion.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF BAKERS LANDING
SECTION 3
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 Section 3 creating 8 single family
lots and 1 reserve on 1.371 acres of land.
Legal Description: A subdivision of 1.371 acres of land situated in the A.C.H. & B.
Survey, Abstract 147 and the H.T. & B.R.R. Company Survey, Abstract 239, City of
Pearland, Brazoria County, Texas.
General Location: North side of Kaman Lane between Galveston Avenue and Westland
Lane.
Alan Mueller with Gromax Development, 4201 Broadway, made a request to the P&Z
Commission to postpone the Final Plat of Bakers Landing Section 3 due to the bond for the
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amenities still in process. The date would be for the May 15, 2017 meetings. P&Z
Chairperson Daniel Tunstall made a motion to postpone, motion passes 6-0 to amend. The
amended motion to postpone until May 15, 2016 passes 6-0.
P&Z Chairperson Daniel Tunstall read into the record the Conditional Use Permit Application
No. CUP 17-00004. P&Z Commissioner David Selsky made a motion to approve, P&Z
Commissioner Troy Pradia seconded the motion.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION
NO. CUP 17-00004
A request of Richard B. Greenawalt for Limmrick Spirits, LLC., applicant, on behalf of
Pearland-SC, LTD., owner; for approval of a Conditional Use Permit (CUP) to allow for a
Liquor/Package Store in the General Business (GB) zoning district; on approximately 2.832
acres of land.
Legal Description: Being 2.832 acres of land out of Lot 110 and Lot F of the subdivision of
Alexander, Crain, Harris & Brooks, Section 1, Abstract Number 147, City of Pearland,
Brazoria County, Texas, also being that certain called East 2.840 acres of 6.6 acres of land
described in deed and recorded in the Official Public Records of Real Property of Brazoria
County, Texas, under County Clerk's File Number 921027 267, said 2.832 acres of land.
General Location: 3320 E. Broadway Street, Pearland, TX.
Senior Planner Martin Griggs presented the exhibits and staff report. Staff recommends
approval of the requested CUP for a Liquor/Package Store on the approximately
2.832 acre site for the following reasons:
1. The parcel is surrounded by other commercially zoned properties and is only partially
adjacent to a Multiple Family (MF) zoned parcel of land developed as Park Place
Apartments.
2. The location is not at an entrance to residential neighborhoods.
3. The proposed use is a retail use of similar size and intensity to the surrounding retail
and commercial uses and therefore compatible.
4. The location in an established shopping center and mitigates the potential for negative
aesthetics or activity that might accompany this type of retail use.
5. The applicant has not proposed any modifications to the suite, such as bars over the
windows or additional light, which would negatively affect the surrounding businesses.
If the CUP is considered for approval, staff recommends the following conditions:
1. Bars over or behind the windows would be prohibited.
2. Neon and LED strip lighting around the doors or windows would be prohibited.
No discussion by Staff/Commissioners
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Motion Passes 5-1 to approve with Staff recommendations. P&Z Chairperson Daniel
Tunstall was opposed.
P&Z Chairperson Daniel Tunstall read into the record the Conditional Use Permit
Application No. CUP 17-00005. P&Z Vice -Chairperson Thomas Duncan made a motion to
approve, P&Z Commissioner Troy Pradia seconded the motion.
Senior Planner Martin Griggs presented the exhibits and staff report. Staff recommends
approval of the requested CUP for a Liquor/Package Store on the approximately
0.4968 acre site for the following reasons:
1. The parcel is surrounded on three sides by commercial properties and is
2. The location is not at an entrance to residential neighborhoods.
3. The proposed use is a retail use of similar size and intensity to the surround retail and
Commercial uses and therefore compatible.
4. The location is an out parcel of an established shopping center which mitigates the
potential for negative aesthetics or activity that might accompany this type of retail use.
5. The applicant has not proposed any modifications to the suite such as bars over the
windows or additional light which would negatively affect the surrounding businesses.
If the CUP is considered for approval, staff recommends the following conditions:
1. Bars over or behind the windows would be prohibited.
2. Neon and LED strip lighting around the doors or windows would be prohibited.
3. The bollards will be removed on the east side of the parcel to allow cross access with
Walgreens to the east.
P&Z Commissioner Derrell Isenberg made a comment regarding the future color of
painting for the outside of the building. Chairperson Daniel Tunstall asked Staff the length
of time the building had not been occupied and when the bollards were initially installed.
Deputy Attorney Lawrence Provins and Associate Engineer Matt Brown explained the
TxDot law and policies.
Motion to approve with Staff recommendations passes 6-0.
P&Z Chairperson Daniel Tunstall read into the record the Conditional Use Permit
Application No. CUP 17-00007. P&Z Commissioner David Belsky made a motion to
approve, P&Z Vice Chairperson Thomas Duncan seconded the motion.
Senior Planner Martin Griggs presented the exhibits and staff report. Staff recommends
denial of the requested CUP for an auto wash (self-service) on the approximately 1.4012
acre site for the following reasons:
The proposed development proposes to place two retail uses on one lot. This combination
of uses on the single lot has the potential to exacerbate traffic concerns as the uses share
an access passage parallel to Shadow Creek Parkway. While the services provided are
worthwhile, the density and the location leaves little room for landscape and additional
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measures to help mitigate the site and surrounding developments. The service nature of
the proposed use is compatible with the existing office to the rear of the development,
however, the concentration of uses is too dense for the site. The two retail uses are
proposed on a single lot that is approximately only twelve feet larger than a similar lot just
down the street where a proposed Chick-Fil-A will be the only user.
If the CUP is considered for approval, staff recommends the following conditions:
The attached site plan will be amended to have a six foot minimum planting strip be
provided against the access drive along the west property line for adequate landscaping to
be provided. The current site plan proposes three feet which is inadequate for plant -life to
prosper in.
P&Z Vice Chairperson Thomas Duncan asked about the traffic impact and the problems
that may ensue with the entry and exit of the facility. Ziad Kaakouds, 580 Westlake Park,
Houston, TX 77079, Engineer for applicant, presented the site layout, landscape area and
length/width of the outside'of the facility and explained the options for traffic entry and exit.
P&Z Chairperson Daniel Tunstall asked Staff if the said property parcel met the UDC
requirements. Mr. Kaakouds, Deputy City Attorney Lawrence Provins explained the
requirements for parking space and the side yard which would be 6ft. Mr. Kaakouds
informed that their new site plan did show the revised width and lengths showing
compliance with the 6t. side yard. Senior Planner Martin Griggs informed Commissioners
that the new site plan had not yet been reviewed prior to that night's meeting. President,
PEDC Matt Buchanan and Community Development Director Lata Krishnarao explained to
the Commission that Staff has recommended to the applicant to come back with new site
plan and recommendations at the May 15, 2017 meeting. A discussion ensued with Staff
and Commissioners for clarification of the recommendations and condition of approval.
Representative for Bluewave Carwash, 9764 Whithorn Dr., Houston TX 77095, described
the frontage and lot size and future intentions on both parcels.
P&Z Chairperson Daniel Tunstall made a motion to postpone until the May 15, 2017
meeting, P&Z Commissioner Derrell Isenberg seconded the motion. The motion to
postpone passes 6-0.
P&Z Chairperson Daniel Tunstall read into the record the Zone Change Application No.
Zone 16-00010. P&Z Chairperson Thomas Duncan made a motion to approve, P&Z
Commissioner Mary Starr seconded the motion.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. ZONE
16-00010
A request of Peter Boecher, applicant, on behalf of Lois Summers and Rogers Families,
owners; for approval of a change in zoning from Single -Family Estate (R -E) to Planned
Development (PD) for the development of "Massey Oaks" a single-family residential
development, a portion of which will be annexed into the City prior to Final Consideration of
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the Zone Change; on approximately 370.482 acres of land.
Legal Description:
Massey Tract: Being a tract of land containing 212.174 acres (9,242,293 square feet),
located within the H. Stevens Survey, Abstract -593 in Brazoria County, Texas; Said 212.174
acre tract being a portion of a called 138.83 acre tract recorded in the name of Margurite
Massey Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's File Number
(B.C.C.F. No.) 2010013347, all of a called 5.00 acre tract of land recorded in the name of
William Stephen Summers and wife, Lois Winifrede Smith Summers in Volume (V.) 1318,
Page 9 (P.) 700 of the Brazoria County Deed Records (B.C.D.R.), all of a called 5.00 acre
tract recorded in the name of Lois Winifrede Summers in V. 1775, P. 250 of the B.C.D.R., a
portion of a called 5.00 acre tract of land recorded in the name of Lois Winifrede Summers
in V. 1775, P. 248 of the B.C.D.R., all of a called 10.55 acre tract of land recorded in the
name of Lois Smith Summers in B.C.C.F., No. 2013052681. A portion of a called 4.45 acre
tract of land recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052682, and
all of a called 45.00 acre tract of land recorded in the name of Lois Smith Summers in
B.C.C.F. No. 2013052682;
Save and except the following 0.1697 acre tract:
Being a tract of land containing 0.1697 acres (7,394 square feet), located in the H. Stevens
Survey, Abstract -593 in Brazoria County, Texas; Said 0.1697 acre tract being all of a called
0.1319 acre tract of land recorded in the name of the City of Pearland, Texas in B.C.C.F.
No. 2011044376 and all of a called 0.0378 acre tract of land recorded in the name of the
City of Pearland, Texas in B.C.C.F. No. 2011044379;
And Rodgers Tract: Being a tract of land containing 158.478 acres (6,903,334 square feet),
located within C.W. Gross Survey, Abstract -525 in Brazoria County, Texas; said 158.478
acre tract being a portion of a called 160 acre tract recorded in the name of Richard Rogers
in Volume 103, Page 371 of the Brazoria County Deed Records (B.C.D.R.) and all of a called
13.655 acre tract recorded in the name of H.L.&P. Co. in Volume 1149, Page 240 of the
B.C.D.R.
General Location: Approximately 2900 feet East of FM1128 on the south side of McKeever
Road (CR 100) extending east to the southwest corner of the future intersection of McKeever
and Harkey Roads, and south and southeast to the future Hastings Cannon Road and east
of the future Harkey Road, Pearland, TX.
Senior Planner Martin Griggs presented the exhibits and staff report. At this time, staff
cannot recommend approval of the requested change in zoning from RE to PD
on the approximately 370.482 acre site for the following reasons:
1.Lot Sizes & Density: The above configuration of lot widths 50/20/20/10 (R-4 to R-1)
percentages does not meet the expectations that were expressed by staff to the applicant
based on input from City Council. Staffs request was for lot widths of 0/35/45/20 (R-4 to R-
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1) percentages. The base zoning proposed is R-3 (60' lot width) but they have proposed
50% of their lots meeting the UDC requirements for R-4. Instead of just calling it R-4,
which is in conformance with their proposed 55' lot width, they are calling it R-3 and asking
for a 5' foot reduction in lot width. They are also calling their R-2 lots as R-1 lots. Below is
the UDC lot minimum requirements followed by the applicant's proposal along with the
history of their lot size by submittal.
1. Phasing: There is no commitment to the number of lots by size in any phase of the
development. The completion of the amenities shown are not directly tied to a specific
phase of the development. This level of detail will be beneficial to ensure there is no
ambiguity between staff and the developer when the property is platted to ensure which
amenities need to be completed before final plat and when Subdivision Improvements
Agreement are necessary. It will also ensure homeowners in the initial phase will have
some certainty on access to amenities.
2. Landscaping, Amenities, and Subdivision Identification Signs: The PD density isn't
offset by significant amenities or recreational areas. No breakdown of the 75 acres of open
space is given in the PD but the majority would be detention.
Landscaping Standards: The proposed landscaping standards for McKeever must meet
the Corridor Overlay District standards and it was requested that Harkey, and Hastings
Cannon Roads also meet the Corridor Overlay District standards for buffer width, street
and ornamental trees. The provided specifications meet the street tree planting
requirement but do not address ornamental trees standard for the Corridor Overlay
District. The proposed buffer widths meet the requirement for McKeever but Harkeyand
Hastings Cannon Road are only twenty feet instead of thirty feet.
1. Amenities: This development is remote from other recreational attractions or public
spaces and as such should expand the opportunities for its future residents. The amenity
package presented in the PD document is limited in nature and includes land not owned
by the developer as discussed below. Staff would like to see expanded amenity
opportunities throughout the development including but not limited to enhancing walk or
bike trails connecting all portions of the development (safe and healthy community goal)
and a variety of open space such as a medium size park.
2.Access to Amenities: The proposed text in the PD description maintains that all lots will
be within a quarter mile of an amenitized open space, however this is not included in the
PD standards applicable to the development and the design plan.
3. Signage: The proposed subdivision identification signs in the PD do not provide enough
information regarding the dimensions of signage. In the UDC, these signs would be limited
to 120 square feet. The proposed sign appears to be larger than permitted.
4. Residential Facade Treatment: The Council requested staff to find a way to increase
value for each residential unit. One way to do this is with increased facade standards. The
applicant proposes 90% standard for masonry, stone, or glass for the front or any portion
of the building visible from a public street or common area. However, only a 50% standard
is proposed for the side and rear facades of all other buildings. Staff requested an increase
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in the percentage of masonry, brick, or glass for the side and rear elevations. The
recommendation was not incorporated into the proposed PD document.
5. Connectivity: The design plan should include internal and external connectivity. The
trapezoid shaped lot to the south of the Massey tract, which is in the City of Pearland's
ETJ, and the properties to the north and east of the Rogers tract should have stub streets
provided to maintain connectivity, reduce the burden of larger collector streets, and
provide secondary access for future expansion of development.
6. Greenway Corridor/CenterPoint Property: The current fee strip owned by CenterPoint
Energy through the Rogers tract is being counted towards the overall open space
allotment as a Greenway Corridor. This 13.6 acre strip would provide access and
recreational opportunities; however, the UDC does not allow property not owned by the
applicant to be counted towards this requirement. Additionally, the UDC excludes utility
easements from the definition of open space. This strip of land is the largest open space of
the development and if amenities are not provided then the development will become even
denser or open space will need to be provided elsewhere. It is unclear how the applicant
would meet the minimum UDC open space requirement of 20% of gross area of the PD.
No alternative to make up for this 13.6 acre Greenway Corridor is provided by the
applicant. If the zone change is considered for approval, staff recommends the following
conditions:
1. Lot Size: The minimum lot size needs to be increased. Lot width will be no less than 60'
with the following distribution of lots in the other three categories — no more than 35% of
60' wide lots; no less than 45% of 70' width lots; and no less than 20% of 80' wide lots.
The minimum depth of the lots will be 110 feet for the 60' lots and 120'feet for the 75'
and 85'. The lot descriptions will conform to the City's UDC requirements for R-1, R-2
and R-3.
2. Phasing: Provide a minimum percentage of each lot size type that is proportionate to the
overall distribution of lot-widths to be presented in every phase so that there is diversity in
lot types within all portions of the development. Each phase, tied to a total number of lots
per phase, should also provide a detailed list matching the amenities package.
3. Amenities: Provide a list of all amenities per phase by number of lots with the amenities
quantity, size and location. The Allee and the Grove and/or Massey Lake Park should be
completed before the first final plat and additional amenities will be completed according to
an agreed upon schedule. The landscaping standards for McKeever, Harkey, and
Hastings Cannon Roads will meet the Corridor Overlay District standards for street and
ornamental trees and Hastings Cannon and Harkey landscape buffer will be 30 feet.
Modify the design plan and include in the PD standards applicable to the development that
all lots will be within a quarter mile of an amenitized open space. Provide dimensional
standards for the subdivision identification signs that do not exceed UDC requirements.
4. Fagade: All buildings will meet the 90% standard for masonry, stone, or glass for all
portions of the building.
5. Connectivity: Provide revised exhibits and text within the PD stating that connections
will be provided to adjacent tracts of land not currently within this development.
6. Greenway Corridor/CenterPoint Property: Without the CenterPoint property, the PD
does not provide a substantial meaningful open space. Applicant needs to acquire the
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CenterPoint property or provide an alternate location to make up for the 13.6 acres of
open space and related amenities for this portion of the development.
7. School Districts: The Massey tract is partly within the Pearland Independent School
District and partly within the Alvin Independent School District (AISD) as shown on
Exhibit 9. The Rodgers tract is entirely within the AISD. The applicant will not plat any
lot that is located in two school districts.
P&Z Chairperson Daniel Tunstall made a request to Staff to provide each recommendation
individually so that the P&Z Commission, Applicant and Representatives could respond
and comment on each.
1. Lot Size & Density: P&Z Commissioner Derrell Isenberg was opposed to the 55, R4
smaller lot sizes but was in favor of the quality of work the developer would perform. P&Z
Commissioner Troy Pradia was in favor of the developers plan. P&Z Commissioner David
Selsky was opposed to the density size per lot. P&Z Chairperson Daniel Tunstall asked for
clarity on the infrastructure. President, PEDC Matt Buchanan explained the 19 million
dollar infrastructure plans. P&Z Vice -Chairperson Thomas Duncan was not opposed. P&Z
Commissioner Mary Starr commented that 55 size lots are presently selling. Density of lot
size, studies and recommendation discussion ensued with Commission and Developer.
P&Z Chairperson Daniel Tunstall explained the options for each item addressed would
either be approval, denial or postpone. Developer mentioned that homes would not be
marketed for less than $300,000 and agreed to commit to use the UDC nomenclature for
lot types and keep distribution as per the PD document.
2. Phasing: P&Z Chairperson Daniel Tunstall discussed the amenities for each pod should
require the Developer to build the amenities first. Allen Mueller with Gromax Development
gave explanation of Phase 1 issues and recommendations from Staff, Peter Bosch with
RVI Landscaping, 19 Briar Hollow Ln., Houston, TX 77027, explained the buffer plans
would comply with Corridor Overlay District. Developer agreed to commit to move the
phasing to start with Phase 1 instead of Phase 11 and will keep the limit at 75%.
3. Amenities: The comments from Staff, Commission and Developer were the same as the
phasing comments but included the clarification from the developer that the phasing will
not be completed prior to the first final plat of phase 1. Community Development Director
Lata Krishnarao explained the plat process and an SIA requirement, Mr. Tunstall
requested to add a safety ledge to prosed ponds. Developer agreed to commit to keep the
enhancements on roads that are Corridor Overlay District and those proposed by the PD
also add a safety ledge to proposed ponds. All subdivision identification signs will comply
with UDC standards.
4. Greenway Corridor/CenterPoint Property: Developer gave an explanation and
discussion ensued regarding the issues and modifications to the Greenway Corridor and
the 150 foot CenterPoint lines. Developer agreed to commit to address Greenway corridor
and CenterPoint property or spread throughout the development to meet the 20%.
5. Facade: Developer gave an explanation and discussion ensued regarding the side
percentage. Developer agreed to commit to increase the side percentage from 50% to
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75% for sides which are interior. Keep all other portions of the proposed facade
enhancements.
6. Connectivity: A brief discussion ensued regarding the external and internal street
connections for future expansion. The Developer agreed to add to the new plans the street
connections which will be addressed in both the text of the PD and the exhibits.
7. School districts: Discussion ensued regarding the two separate school zones in the
development. P&Z Commission requested that Representatives communicate with
Pearland Independent School District and Alvin Independent School District to discuss
zoning issues. Developer agreed to commit to keeping all lots separated by school district
boundaries.
Reed Wilson, Council for Developer, made a final comment regarding the
recommendations and their urgency of time to keep zone change process on schedule to
meet their first Council meeting.
Lengthy discussion regarding the specifics for approval ensued. P&Z Chairperson Daniel
Tunstall requested a 5 minute recess at 12:35 a.m. The meeting reconvened at 12:47 a.m.
P&Z Chairperson Daniel Tunstall made a motion to amend the original motion to include
all Staff recommendations, P&Z Vice -Chairperson Thomas Duncan seconded the motion.
The amended motion passes 5-1, P&Z Commissioner David Selsky was opposed.
DISCUSSION ITEMS
1. Commissioners Activity Report - NONE
2. Next P&Z Regular Meeting — May 01, 2017
3. Meeting Location Change: July 2017 — Sept 2017
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 12:57 a.m.
These minutes were respectfully submitted by:
Alma Gonzale , 0
c
Assistant
Minutes approved as submitted and/or corrected o , this th day of Apr l 17, A.D.
Daniel install, P & Z Chairperson
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April 17, 2017
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