2017-06-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JUNE 19, 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 8:35
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
P&Z Commissioner Darrell Isenberg
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 Vice -Chairperson Thomas Duncan seconded the motion. The motion passes by a vote
of 7-0.
CONSIDERATION & POSSIBLE ACTION — EXCUSED ABSENCE
1. Excuse the absences of P&Z Commissioners Darrell Isenberg from the June 5,
2017, 2017 P&Z Regular Meeting.
2. Approve the P&Z Regular Meeting minutes from June 5, 2017.
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 Vice -Chairperson Thomas Duncan
made a motion to approve, P&Z Commissioner Mary Starr seconded the motion.
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June 19, 2017
Page 1 of 7
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:
1. The proposed lot will not be suitable or desirable for the purpose intended. Although
Lot 1 currently has a residential use the C -MU Zoning District allows both residential
and commercial use and 50'FT wide lot is not suitable for a commercial use.
Additionally, Cullen is a major thoroughfare. Granting this request could result in
multiple driveway curb cuts for commercial properties located in close proximity to
each other resulting in the adverse effect of increased traffic conflicts along Cullen
contrary to the criteria found in Section 2.2.5.2 (a) (4) 4 which states that a variance
should not "...be detrimental to the public health, safety or welfare, or injurious to
other property within the area."
2. The proposed Lot 1 would have a front to depth ratio of 3.37 to 1 which would be
larger than the ratio allowed by Section 3.2.14.2 (c). Granting the variance from the
3 to 1 depth to width ratio would be more than the minimum necessary to create a
lot conforming to Chapter 2 of the UDC if the proposed Lt 1 was limited to a depth
of 371.7 feet.
3. The request contradicts Section 2.2.5.2 (d) (6) of the UDC which states the
hardship or inequity suffered by the petitioner is not caused wholly or in substantial
part by the petitioner.
4. The request contradicts Section 2.2.5.2 (d) (7) of the UDC which state the request
for a variance is not based exclusively on the applicant's desire for increased
financial gain from the property, or to reduce an existing financial hardship.
P&Z Vice -Chairperson Thomas Duncan asked Staff for clarification on the minimum 50
foot requirement and the multiple curve cuts. Mr. Hustead explained the lot depth. Deputy
City Attorney Lawrence Provins explained the ration. P&Z Chairperson Daniel Tunstall was
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June 19, 2017
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in favor of the change.
Motion passes 6-1, P&Z Commissioner Darrell Isenberg was opposed to the Variance.
P&Z Chairperson Daniel Tunstall read into the record the items on the Zone Change
Application No. 17-00009. P&Z Vice -Chairperson Thomas Duncan made a motion to
approve, P&Z Commissioner Darrell Isenberg seconded the motion.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 17-
00009
A request of LJA Engineering, Inc., applicant, represented by Geoff Freeman, on behalf of
Pearland Office Center, LLC., owner, represented by Lonnie Gaienne; for approval of a
change in zoning from Single -Family Residential -3 (R-3) to a Business Park District -288
(BP -288) zoning district; on approximately 37.44 acres of land.
Legal Description: Being a 37.44 acre tract of land located in the H.T.& B.R.R. Co.
Survey, Section 85, Abstract No. 304, in Brazoria County, Texas. Said 37.44 acres being
Lots 17, 18, 19 and a portion of Lot 20 of the Allison -Richey Gulf Coast Home Company's
Suburban Garden Subdivision as shown on map recorded in Volume 2, Page 107 of the
Brazoria County Plat Records (B.C.P.R.). Said 37.44 acres being comprised of a call
10.0000 acre tract of land (styled "Tract 2") recorded in the name of 4601 Holmes Road
Corporation under Brazoria County Clerk's File (B.C.C.F.) No. 03-006630 and a portion of
a call 37.429 acre tract of land recorded in the name of Leonard Lee Cherry, et al, under
B.C.C.F. Nos. 2008049177 and 2008049178.
General Location: 2006 Wooten Road, Pearland, TX
P&Z Vice -Chairperson Thomas Duncan commented on the site plan having issues and
suggests that the applicant work with Staff. P&Z Commissioners Troy Pradia, David Selsky
and Darrell Isenberg were in favor for only the zone change. P&Z Chairperson Daniel
Tunstall comments on the zone change only and if it was developed as residential, the
same issues would still exist and the traffic impact would not change. Mr. Tunstall was not
opposed to the zone change alone.
Motion passes 7-0
P&Z Chairperson Daniel Tunstall read into the record the items on the Zone Change
Application No. 17-00010. P&Z Vice -Chairperson Thomas Duncan made a motion to
approve, P&Z Commissioner Troy Pradia seconded the motion.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 17-
00010
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June 19, 2017
Page 3 of 7
A request of Pogie USA, LLC., applicant and owner, represented by Bruce Honore; for
approval of a change in zoning from General Business (GB) to a General Commercial
(GC) zoning district; on approximately 3.1092 acres of land.
Legal Description: A 3.1092 acre tract of land out of Lot 46 of the Allison Richey Gulf
Coast Home Company's subdivision of Section 8, H.T&B.R.R. CO. Survey also called the
F.B. Drake Survey, Abstract 504, Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 2, Page 24, of the Plat Records of Brazoria County, Texas.
General Location: 6601 Broadway Street, Pearland, TX
P&Z Chairperson Daniel Tunstall asked Staff if any public feedback was received on this
request. Senior Planner Martin Griggs informed that one comment sheet was received in
opposition. Commissioner Darrell Isenberg asked Staff if the zone change was approved
how would the change effect the future use in this area. Mr. Griggs explained the zone
change would open up a number of uses that are permitting by right and by CUP. P&Z
Commissioner David Selsky commented on surrounding business being zoned GB and is
in favor of the use. Deputy City Attorney Lawrence Provins and Mr. Griggs gave a brief
explanation of the future uses in GB versus CS. City Planner Jai McBride made a
comment to the P&Z Commission to take into consideration for the criteria for approval the
proposed land uses are appropriate for the immediate land surrounding re-classification.
P&Z Commissioner Ginger McFadden asked Staff if the grassy area pictured on the aerial
exhibit a detention area. Mr. Griggs informed that it was detention area and it would have
to be re -engineered on the site in order to be used. P&Z Commissioner Mary Starr
commented on not using as a criteria GB zone backing up to residential zone. P&Z Vice -
Chairperson Thomas Duncan had concerns with having moving trucks parking and
gassing in the amount of space available. Mr. Duncan inquired if the zone changed, would
bail bond offices be allowed. Mr. Griggs explained a bail bond office would still require a
CUP. P&Z Chairperson Daniel Tunstall had concerns with the moving truck traffic and is
opposed to the use. P&Z Commissioners David Selsky and Troy Pradia were in favor of
the use because a CUP would still be required in GC zone.
Motion passes 6-1, P&Z Chairperson Daniel Tunstall was opposed to the zone change.
P&Z Chairperson Daniel Tunstall read into the record the items on the Conditional Use
Permit Application No. 17-00008. P&Z Vice -Chairperson Thomas Duncan made a motion
to approve to include Staff recommendations, P&Z Commissioner Mary Starr seconded
the motion.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT
APPLICATION NO. 17-00008
A request of Alan Mueller, applicant, on behalf of Kirby 59 Partners LP, Owner,
represented by Julio Lybrand; for approval of a Conditional Use Permit (CUP) to allow for
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June 19, 2017
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Pearland, Brazoria County, Texas; being out and a portion of the called 9.1875 acre tract
conveyed to Mac Edison, LLC as described in deed recorded under Brazoria County
Clerk's File (B.C.C.F) Number (No.) 2012009629
General Location: Southeast corner of Broadway and Tranquility Lakes Boulevard,
Pearland, TX.
P&Z Vice -Chairperson Thomas Duncan asked Engineering Staff if a traffic study been
completed yet. Associate Engineer Matt Brown explained that a traffic study would be
required but it had not been completed at the time of the meeting. Mr. Duncan informed
Mr. Brown when traffic study is received to make sure it includes all the left turns towards
the intersection. Applicant Steven Freeman with Kimley-Horn informed the Commission
that a traffic study was completed and submitted to Staff and received a round of minor
comments which were addressed and re -submitted to Staff. Mr. Freeman informed that
they are not recommending infrastructure improvements from TXDOT. P&Z chairperson
Daniel Tunstall states that he is looking forward to this project.
The motion passes 7-0
P&Z Chairperson Daniel Tunstall read into the record the items on the Conditional Use
Permit Application No. 17-00009. P&Z Commissioner Ginger McFadden made a motion to
approve, P&Z Commissioner Mary Starr seconded the motion.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT
APPLICATION NO. 17-00009
A request of Pratik Shah and Keyur Modi, applicants, on behalf of Kim Huynh, owner; for
approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the
General Commercial (GC) zoning district; on approximately 1.9636 acres of land.
Legal Description: Being Lot A of Block One containing 1.9636 acres of land out of a
parcel of land containing 4.7335 (206,192 square feet) of land more or less out of Lot 32,
Zychlinski Subdivision according to the plat thereof recorded in Volume 29, Page 43, deed
records, Brazoria County, Texas.
General Location: 1823 North Main Street, Pearland, TX.
P&Z Commissioner Mary Starr was not opposed to the CUP but mentioned that the
Commission should take into consideration the number of CUP's that have been recently
approved for packaged liquor stores. P&Z Commissioner David Selsky was supportive of
the CUP but questioned what the right amount of liquor stores were being allowed. P&Z
Commissioner Troy Pradia asked the amount of stores currently approved. Staff informed
that there were four and one in Costco, but zero stores have opened for business. P&Z
Commissioner Darrell Isenberg had concerns with the number of CUP's for liquor stores
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June 19, 2017
Page 6 of 7
were being brought in for approval. Mr. Pradia asked Staff if a study could be done on the
amount of liquor stores per population. City Planner Jai McBride informed to the
Commission that Staff would do a research gathered from other cities. Mr. Pradia asked if
there was a feet requirement for schools, etc. City Deputy Attorney Lawrence Provins
explained the 300 feet door to door per TABC regulation. A discussion ensued regarding
the guidelines and requirements for a CUP on liquor stores. P&Z Chairperson Daniel
Tunstall was opposed to the CUP and may be opposed to future CUPs for liquor stores
depending on the area being proposed. Mr. Provins suggested having a criteria for
approval of a CUP to provide guidance for how many can be approved for that area. Mr.
Tunstall asked for clarification from Staff, once a CUP is approved for a liquor store does
that stick to that property for future use. Senior Planner Martin Griggs informed that CUPs
are site specific and run with the property. Mr. Provins explained how a CUP may expire.
Mr. Tunstall comments that the Commission owes Council a report of discussion of the
overall picture and the concerns of how many are too many liquor store CUPs. Mr. Tunstall
would like feedback so that the Commission may act uniformly across the city.
The motion passes 5-2, P&Z Chairperson Daniel Tunstall and P&Z Commissioner Darrell
Isenberg were opposed to the CUP.
DISCUSSION ITEMS
1. Commissioners Activity Report - P&Z Chairperson Daniel Tunstall emailed Staff
regarding signs being posted of future CUPs
2. Next P&Z Regular Meeting — July 17, 2017 — Held in the PSB, 2nd floor Training
Room
3. Meeting Location Change: July 2017 — Sept 2017
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 9:40 pm
These minutes were respectfully submitted by:
Alma Gonzales, Ojifice Assistant
Minutes approved as submitted and/or corrected on t
Danie`R'uns
is 15th day of, ay 2017, A.D.
all, P & Z C airperson
P&Z Regular Meeting Minutes
June 19, 2017
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