2017-06-05 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JUNE 05, 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 6:30
p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Mary Starr
P&Z Commissioner David Selsky
P&Z Commissioner Ginger McFadden
P&Z Commissioner Troy Pradia
Also present were Deputy City Attorney Lawrence Provins, City Planner Jimontanae
McBride, Senior Planner Martin Griggs, Associate Planner Vince Hustead, Planner Armon
Irones, 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 — EXCUSED ABSENCE
1. Excuse the absences of P&Z Commissioners Darrell Isenberg & Troy Pradia from
the May 15, 2017, 2017 P&Z Regular Meeting.
2. Approve the P&Z Regular Meeting minutes from May 15, 2017.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF CREEK BEND
A request of Rene Rodriguez, LJA Engineering, the applicant; on behalf of Randall Wong,
Hannover Estates, Ltd, owner; for approval of the Preliminary Plat of Creek Bend creating
91 single family lots and 9 reserves on 46.337 acres of land, described to wit:
Legal Description: A subdivision of 46.337 acres of land situated in the H.T. & B.R.R.
Company Survey, Abstract 239, Brazoria County, Texas.
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General Location: North of Magnolia Street and east of McLean Road.
No discussion
Motion passes 6-0
CONSIDERATION AND POSSIBLE ACTION —FINAL PLAT OF PROMENADE SHOPS
DRIVE STREET DEDICATION
A request of Jason Price, LJA Engineering, the applicant; on behalf Gavin Liang of
America Modern Green Development, LLC owner; for approval of the Final Plat of
Promenade Shops Drive Street Dedication dedicating 50 feet of right of way for the east
half of Promenade Shops Drive on 1.418 acres of land, described to wit:
Legal Description: A subdivision of 1.418 acres of land situated in the James Hamilton
Survey, Abstract 881, City of Pearland, Harris County, Texas being a partial replat of
Promenade Shops Drive, Vol. 83, Pg. 342, Deed Records of Harris County, Texas.
General Location: The east half of Promenade Shops Drive extending south 1,235.22'
south of Spectrum Boulevard.
No discussion
Motion passes 6-0
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SAVANNAH
PARKWAY AND RESERVE
A request of Jason Price, LJA Engineering, the applicant; on behalf of Savannah
Development, Ltd, owner; for approval of the Final Plat of Savannah Parkway and Reserve
Street Dedication; dedicating 100 feet of right of way for Savannah Parkway from Laurel
Heights Drive to Arrowhead Point Lane and 1 Reserve on 8.916 acres of land, described
to wit:
Legal Description: A Subdivision of 8.916 acres of land situated in the H.T. & B.R.R.
Company Survey, Section 77, Abstract 302, Brazoria County, Texas.
General Location: Savannah Parkway from Laurel Heights Drive to Arrowhead Point
Lane.
No discussion
Motion passes 6-0
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CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SHADOW GROVE
SECTION 7
A request of Jason Price, LJA Engineering, Inc., the applicant; on behalf of KB Home Lone
Star, Inc., owner; for approval of the Final 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: A Subdivision of 18.900 Acres of land situated in the A.B. Langerman
Survey, Abstract 555, City of Pearland, Fort Bend County, Texas.
General Location: South of Broadway and East of F.M. 521
No discussion
Motion passes 6-0
NEW BUSINESS
P&Z Chairperson Daniel Tunstall read into the record the items on the Variance from
Minimum Lot Width to Allow Platting of a Flag Lot. P&Z Commissioner David Selsky made
a motion to approve, P&Z Commissioner Mary Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM MINIMUM LOT
WIDTH TO ALLOW PLATTING OF A FLAG LOT.
A request by Cathy Fontenot, Survey 1, Inc., applicant on behalf of Fair Opportunity, LP
owner; 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 the C -MU Cullen — Mixed Use zoning district on approximately 3.319 acres of land,
to wit:
Legal Description: A subdivision of 3.3187 acres (144,561 sq. ft.) in the B.R.R. Co.
Survey, Section 19, A-243, also being out of the Allison -Richey Gulf Coast Home
Company Subdivision Section 19, recorded in Volume 2, Page 23 of the Plat Records of
Brazoria County, Texas.
General Location: 2027 Cullen Parkway.
Associate Planner Vince Hustead presented the staff report and exhibits. Staff does not
recommend approval of the requested variance 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 reason:
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1. Unified Development Code Section 2.5.1.1.b (2) states "Flag lots in nonresidential and
mixed-use zoning districts shall be permitted upon approval by the Planning & Zoning
Commission, provided such lots shall have a minimum frontage of fifty feet (50')."
Applicant Cathy Fontenot with Survey One, PO Box 2542, Alvin, TX 77512 gave a brief
presentation and was available for questions and comments.
Vice -Chairperson Thomas Duncan asked Staff for clarification on the present use of the
property. Chairperson Daniel Tunstall explained his opposition on the property if the use
would be non-residential. A discussion ensued between P&Z Commission and Staff
regarding the re -zoning, property size and clarification on the amount of feet being
proposed for the property. There was a mix up in regards to the maps. The presentation
map listed 25' of frontage but the applicant said the new design layout will have 35' of
frontage. Deputy City Attorney Lawrence Provins explained a recommendation to the
Commission that if additional information was required from Staff to make a necessary
determination, the consideration for the variance could be postponed. Chairperson Daniel
Tunstall made a motion to postpone, Vice -Chairperson Thomas Duncan seconded the
motion.
Motion to postpone passes 6-0.
P&Z Chairperson Daniel Tunstall read into the record the items on the Replat of Lockridge
Subdivision. P&Z Commissioner Mary Starr made a motion to approve, P&Z Vice -
Chairperson Thomas Duncan seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — REPLAT OF LOCKRIDGE SUBDIVISION
A request of Christian Offenburger, of Boundary One Survey the applicant; on behalf of
Ryan Lockridge, owner; for approval of the replat of Lockridge Subdivision creating 2
residential lots on 1.443 acres of land located at the east corner of County Road 252 and
County Road 253, described to wit:
Legal Description: Being 1.443 Acres of land all of Lots 1-4, Block 1, Lockridge
Subdivision as recorded under B.C.C.F. No. 2007060711 in the Perry & Austin League, A-
111 and A-20 City of Pearland and Friendswood, Brazoria and Galveston Counties, Texas.
General Location: East corner of County Road 252 and County Road 253.
Associate Planner Vince Hustead presented the staff report and exhibits.
Staff recommends approval of the Replat of Lockridge Subdivision for the following
reasons:
1. The larger lot will be consistent with the large neighboring parcels.
P&Z Chairperson Daniel Tunstall asked Staff regarding the 100foot strip of city limits that
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runs through the property, Mr. Hustead explained that it avoids from other jurisdictions to
annex within the city's ETJ.
Motion passes 6-0
P&Z Chairperson Daniel Tunstall read into the record the items on the Variance from
Minimum Lot Width to Allow Platting of a Three Lots. P&Z Commissioner Ginger
McFadden made a motion to approve, P&Z Commissioner David Selsky seconded the
motion.
CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM MINIMUM LOT
WIDTH TO ALLOW PLATTING OF A THREE LOTS.
A request by Mary Villareal, Interfield Group, applicant on behalf of Jose R. Mejia, owner;
for approval of a Variance from Section 2.4.3.4 (b) (1) (3) a, of the Unified Development
Code, Ordinance No. 2000-T, to allow platting of one lot that will be 33.34 feet wide and
two lots that will be 33.33 feet wide within the OT -MU Old Town Mixed Use zoning district
on .287 acres of land, to wit:
Legal Description: Lots 13, 14, 15 & 16, Block 25 Pearland Townsites, Pearland,
Brazoria County, Texas.
General Location: East side of Park Avenue about 200 feet north of Walnut Street.
Associate Planner Vince Hustead presented the staff report and exhibits. Staff
recommends approval of the requested variance of 16.66 feet for proposed Lot 1 and
16.67 feet for proposed Lots 2 and 3 from Section 2.4.3.4 (b) (1) (3) a, of the Unified
Development Code, Ordinance No. 2000-T, allow the plating of three lots in the OT -MU
Old -Town Mixed Use zoning district for the following reasons:
1. The proposed lots will provide infill housing on undeveloped property.
2. The proposed lots conform to the goal of providing residential development in the
Village District.
3. With the exception of the minimum lot width the proposed lots will conform to the lot
design requirements of the OT -MU Old Town Mixed Use zoning district.
4. The requested variances are less than 50% of the minimum lot width required.
Applicant, Mary Villareal, 401 Studewood, Ste. 300, Houston, TX 77007 gave a brief
presentation with a photograph of the proposed building and was available for comments
and questions.
P&Z Chairperson Daniel Tunstall commented on the improvements of the new site plans
proposed.
Motion passes 6-0
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P&Z Chairperson Daniel Tunstall read into the record the items for the Conditional Use
Permit Application No. 17-00007. P&Z Commissioner David Selsky made the motion to
approve, P&Z Vice -Chairperson Thomas Duncan seconded the motion.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT
APPLICATION NO. 17-00007
A request of Sheelah Taylor, applicant, on behalf of ST Shadow Creek LLC, owner,
represented by Tri Nguyen; for approval of a Conditional Use Permit (CUP) to allow for an
Auto Wash (Self -Service) in the Planned Development (PD) zoning district; on
approximately 1.4012 acres of land.
Legal Description: Being a 1.4012 acre (61,036 square feet) parcel of land situated in the
T.C.R.R. CO. Survey, Abstract 675, in Brazoria County Texas, and being all of Lot "D" of
Shadow Creek Ranch Commercial Site No. 18B, as recorded under File Number
2007035195 of Brazoria County Public Records (B.C.P.R.).
General Location: 11213 & 11233 Shadow Creek Parkway, Pearland, TX.
Senior Planner Martin Griggs presented the staff report and exhibits.
Staff recommends denial of the requested CUP for an auto wash (self-service) on the
approximately 1.4012 acre site for the following reasons:
1. 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 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.
If the CUP is considered for approval, staff recommends the following conditions:
1. 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.
Engineer for Applicant, Ziad Kaakouds, 580 West Lake Park Blvd., Ste. 1000, Houston TX
77079, presented the site layout and was available for questions and comments.
Senior Planner Martin Griggs informed the Commissioners over the site history and the
changes that took place with the site plan since the Joint Public Hearing in April 2017.
Associate Engineer Matthew Brown discussed the traffic concerns on-site and off-site. Mr.
Kaakouds, explained the options for traffic entry and exit. A discussion ensued with the
applicant and Commissioners about the traffic on-site. Commissioner Troy Pradia asked if
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the site doesn't develop with two uses would be economics infeasible? The applicant
responded yes, it would be infeasible. P&Z Vice -Chairperson Thomas Duncan asked if a
traffic study was required, Mr. Brown answered no a traffic study was not reviewed. P&Z
Commissioner David Selsky commented on the traffic concerns. Mr. Brown explained
foreseeing vehicles entering and exiting at the same time. P&Z Vice -Chairperson Thomas
Duncan shared with Mr. Kaakouds the traffic concerns that were presented on the site map.
A discussion ensued. P&Z Commissioner Mary Starr commented that the lot presented is
too small for the use proposed. Deputy City Attorney Lawrence Provins recommended to
Commission to focus their efforts on the criteria for approval from Staff. Mr. Provins reads
from the UDC the criteria that specifically addresses the traffic concerns at issue.
The motion fails 24. Commissioners David Selsky and Troy Pradia were in favor of the
motion.
The P&Z Commission allowed Citizen Ladgie (Max) Krchnak, 2420 Shadycrest Dr.,
Pearland TX, 77589, to speak in regards to his concerns of the selling and buying of City
property.
DISCUSSION ITEMS
1. Commissioners Activity Report - NONE
2. Next P&Z Regular Meeting — June 19, 2017
3. Meeting Location Change: July 2017 — Sept 2017 — PUBLIC SAFETY BUILDING
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 7:35 pm
These minutes were respectfully submitted by:
Alma Gonza►•s, 0 e Assistant
Minutes approved as submitted and/or correct:d on this
5th day of May 2017, A.D.
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Daniel Tunstall, P & Z Chairperson
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