2017-05-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, MAY 15, 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 8:50
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
Also present were Deputy City Attorney Lawrence Provins, City Planner Jimontanae
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 — EXCUSED ABSENCE
1. Excuse the absences of P&Z Commissioners Ginger McFadden, Mary Starr, & Troy
Pradia from the May 1, 2017, 2017 P&Z Regular Meeting.
2. Approve the P&Z Regular Meeting minutes from May 1, 2017.
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF KIRBY CROSSING
SECTION TWO REPLAT NO. 1
A request of Geoff Freemen, LJA Engineering, the applicant; on behalf of New Broadway
Ltd., owner; for approval of the Final Plat of Kirby Crossing Section 2 Replat No. 1 creating
5 lots, on 16.687 acres of land located on the south side of Broadway on the west side of
Kirby Drive described to wit:
Legal Description: A Subdivision of 16.687 acres out of the H.T. & B.R.R. Company
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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.
General Location: 11600 Broadway Street, Pearland, TX
Motion passes 5-0
NEW BUSINESS
P&Z Chairperson Daniel Tunstall read into the record the items on the Replat of New
Harvest Christian Fellowship Replat No.1. P&Z Vice -Chairperson Thomas Duncan made a
motion to approve, P&Z Commissioner Mary Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — REPLAT OF NEW HARVEST
CHRISTIAN FELLOWSHIP REPLAT NO. 1
A request of Cathy Fontenot, Survey 1, Inc., the applicant; on behalf of Pearland New
Harvest, owner; for approval of the Replat Plat of New Harvest Christian Fellowship Replat
No. 1 creating 3 non-residential lots on 8.6346 acres of land located at 12216 Broadway,
described to wit:
Legal Description: A subdivision of 8.6346 acres (376,122 sq. ft.) in the H.T.&B.R.R,
surveyA-564, also being a replat of New Harvest Christian Fellowship Subdivision
recorded in tile No. 2010052506 of the Plat Records of Brazoria County, Texas.
General Location: 12216 Broadway, Pearland, Tx
Associate Planner Vince Hustead presented the staff report and exhibits. Staff
recommends approval of the Replat of New Harvest Christian Fellowship Replat No. 1 for
the following reasons:
1. None of three proposed lots will cross a zoning boundary.
Motion passes 5-0
P&Z Chairperson Daniel Tunstall read into the record the items on the Preliminary Plat of
Riverstone Ranch Section 9. P&Z Commissioner Mary Starr made a motion to approve,
P&Z Commissioner Ginger McFadden seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF RIVERSTONE
RANCH SECTION 9
A request of Jennifer Curtis of BGE / Kerry R. Gilbert & Associates, on behalf of Shannon
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Wiespape of Meritage Homes, owner: to approve the Preliminary Plat of Riverstone Ranch
Section 9 creating 121 single family lots and 4 reserves.
Legal Description: Being 29.5650± acres of land containing 121 lots and 4 reserves in
five blocks out of the T.J. Green Survey, A-290, City of Pearland, Harris County, Texas.
General Location: South of Hughes Ranch Road, east of Clear Creek.
Associate Planner Vince Hustead presented the staff report and exhibits. Staff
recommends approval of the Preliminary Plat of Riverstone Ranch Section 9 with the
following condition:
1. That the Riverstone Ranch Cluster Plan be amended prior to approval of a final plat.
Motion passes 5-0
P&Z Chairperson Daniel Tunstall read into the record the items on the Final Plat of Bakers
Landing Section 3. P&Z Vice -Chairperson Thomas Duncan made a motion to approve,
P&Z Commissioner Mary Starr seconded the motion.
CONSIDERATION AND 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
Associate Planner Vince Hustead presented the staff report and exhibits. Staff is unable to
recommend that the Final Plat of Bakers Landing Section 3 be approved for the following
reason:
1. This Subdivision Improvement Agreement has not been approved and executed.
Motion passes 5-0
P&Z Chairperson Daniel Tunstall read into the record the items on the Conditional Use
Permit Application No. CUP 17-00006. P&Z Commissioner David Selsky made a motion to
approve, P&Z Vice -Chairperson Thomas Duncan seconded the motion.
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MayIS, 2017
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CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT
APPLICATION NO. CUP 17-00006
A request of MSJ Business Group, LLC., represented by James Daniel, applicant, on
behalf of Shadow Creek Investors 1, LLC., owner, represented by David Sutton; for
approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the
Planned Unit Development (PUD) zoning district; on approximately 6.944 acres of land.
Legal Description: Being Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land
located in the T.C.R.R. Co. survey Section 4. Abstract No. 675, James Crawley Survey,
Abstract No. 174, and the W. W. Dupuy & L. F. Robert Survey, Abstract No. 726, Brazoria
County, Texas, more particularly being the residue of that certain called 40.8803 acre tract
conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number
2007005788, B.C.O.R., all of that certain called 7.376 acre that conveyed to GCCLE-
Shadow Creek, L.P. by instrument of record under document number 2007005791,
B.C.O.R., and all of that certain called 11.429 acre tract conveyed to Kroger Texas L.P. by
"Correction Special Warranty Deed" by instrument of record under document number
2007025822, B.C.O.R., also being all of Reserve "A" of the C&S Asphalt Sealing Company
Subdivision, a subdivision of record in Volume 24, Page 24 of the Brazoria County Plat
Records (B.C.P.R.), said 49.279 acres.
General Location: 11041 Shadow Creek Parkway, Pearland, TX.
P&Z Vice -Chairperson Thomas Duncan asked about additional requirements regarding the
UDC updates. Senior Planner informed Mr. Duncan their concerns if the UDC did not
move forward. P&Z Chairperson Daniel Tunstall asked for clarification on the criteria for
entrances and distances on residential neighborhoods. Mr. Tunstall had concerns with the
amount of liquor stores being allowed. The Chair made a motion to amend the original
motion to include staff recommendations, P&Z Commissioner Mary Starr seconded the
motion. The motion to amend passes 5-0. The amended motion passes 5-0 with staff
recommendations.
P&Z Chairperson Daniel Tunstall read into the record the items on the Zone Change
Application No. 17-00005. P&Z Commissioner made a motion to approve, P&Z
Commissioner Mary Starr seconded the motion.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 17-
00005
A request of Richard Skotak, applicant, on behalf of Larry Darcey, owner; for approval of a
change in zoning from the Multiple -Family (MF) zoning to a General Business (GB) zoning
district; on approximately 0.698 acres of land.
Legal Description: 30,403 square feet of land, located in the H.T. & B. RR. Company
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Survey, Abstract 242, in Brazoria County, Texas, being out of a called 1.000 acre tract
save and except tract out of a called 1.5 acre tract (surveyed as 1.9859 acre tract)
conveyed to Jose De Jesus Mata, recorded in Brazoria County Clerk's File Number
(B.C.C.F. No.) 98-016186.
General Location: 7501 Fite Road, Pearland, TX.
City Planner Jai McBride reiterated to the Commission the current zoning and parking is
not in conformance with the UDC. P&Z Vice -Chairperson Thomas Duncan comments were
to zone the land and not what's there now. Mr. Duncan feels if the zone is changed it may
result in unattended consequences. P&Z Commissioners Ginger McFadden and Mary
Starr agreed with Mr. Duncan. P&Z Chairperson Daniel Tunstall comments were for
applicant to work with staff to come back with a better suited plan for this property. Mr.
Tunstall was opposed to the usage.
The motion was denied 0-5
P&Z Chairperson Daniel Tunstall read into the record the items on the Zone Change
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 — ZONE CHANGE APPLICATION NO. 17-
00007
A request of request of Kevin Cole, applicant, on behalf of Anthony and Kimberly Giuliani,
owner; for approval of a change in zoning from Single -Family Residential -1 (R-1) to a
General Business (GB) zoning district; on approximately 9.6135 acres of land.
Legal Description: A tract or parcel of land containing 9.6135 acres of land (418,766
square feet), being out of and a part of Lot 76, George W. Jenkins Subdivision of the lower
one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 79, Page 616 of the Office of the
County Clerk of Brazoria County.
General Location: 3205 Dixie Farm Road, Pearland, TX.
City Planner Jai McBride reiterated to Commission the property is currently single family
Residential use. P&Z Commissioner Mary Starr comments were that the property shouldn't
be single family but was not sure what it should be zoned as. P&Z Vice -Chairperson
Thomas Duncan made comments on the future use of the property and TX Dot traffic
plans. P&Z Commissioner David Selsky was opposed to the General Business zoning but
possibly office professional. Deputy City Attorney Lawrence Provins explained the
classification process to the Commission. P&Z Chairperson Daniel Tunstall was
uncomfortable with the General Business zoning and was unclear of how the future land
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May vc,, 2017
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use lines were determined. Mr. Tunstall requested an opportunity for the applicant to give
an explanation. Mr. Kevin Cole spoke regarding a Neighborhood Services zoning
approach. Mr. Tunstall commented on the pipeline easement on the property and would
like to find a compromise for a fitting zone change. The Chair made a motion to approve
for Neighborhood Services instead of General Business, P&Z Commissioner David Selsky
seconded the motion. The motion to amend passes 5-0. The motion passes 5-0.
P&Z Chairperson Daniel Tunstall read into the record the items on the Amendments to the
UDC No. (T-25) Zone 17-00008. P&Z Commissioner made a motion to approve, P&Z
Commissioner Mary Starr seconded the motion.
CONSIDERATION & POSSIBLE ACTION - Amendments to the Unified Development
Code (UDC) No. (T-25) ZONE 17-00008
A request of the City of Pearland, for proposed amendments to the Unified Development
Code, Ordinance No. 2000T-25.
P&Z Commissioner Mary Starr commented on adding Yoga Studio to the amendment
request. P&Z Chairperson Daniel Tunstall requested clarification on the classification of a
yoga studio in the UDC. Senior Planner Martin Griggs explained it would be considered a
physical fitness class. Mr. Tunstall asked Staff what motivated the City to change this
portion of the UDC. Mr. Griggs explained the use to be allowed across the board either
conditional or permitted except for Office Professional. P&Z Commissioner Ginger
McFadden made a comparison of a yoga studio not having exercise equipment so it would
not be considered a health gym but a yoga studio was similar to a dance studio and if all
Commissioners were in agreement Ms. McFadden asked to have yoga added to the
amendment. City Planner Jai McBride added that each application and each use is
different, staff prefer to determine the use per application per use bases. P&Z Chairperson
Daniel Tunstall requested to have Staff follow up on the electrical codes for installation of
existing lighting. Mr. Tunstall wants to make sure the truck per acreage is fair for new
breweries. Mr. Griggs explained the proposed request. Mr. Tunstall commented on the
requirements of screening for the food trucks and requirements for reducing the noise
level. Deputy City Attorney Lawrence Provins addressed Mr. Tunstall concerns which
included if other establishments in the City would be able to operate food trucks, screening
of the parking lot requirements, and noise buffers. Resident Charles Buck Stevens, 4701
Orange, Pearland TX 77581, made a comment and questioned if a conflict could arise in
the future of the property and food truck screening requirements. Mr. Tunstall and Mr.
Provins gave explanations of all CUP application minimum requirements which include a
site plan. City Planner Jai McBride informed that a submitted CUP application will allow a
site plan to work out the details of the property.
Motion passes 5-0
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May E5, 2017
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DISCUSSION ITEMS
1. Commissioners Activity Report — P&Z Vice -Chairperson Thomas Duncan
attended the APA Conference in New York City
2. Next P&Z Regular Meeting — June 5, 2017 — Council Chambers
3. Meeting Location Change: July 2017 — Sept 2017 — Public Safety Building
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 9:35 pm
These minutes were respectfully submitted by:
10 PIW
Alma Gonzal-s, Office Assistant
Minutes approved as submitted and/or corrected on this 15th day of May 2017, A.D.
Dan i•' unstall, P & Z Chairp'-rson
P&Z Regular Meeting Minutes
May 05, 2017
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