2017-11-06 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, NOVEMBER 06, 2017,
AT 6:30 P.M., HELD IN THE PUBLIC SAFETY BUILDING 2555 CULLEN PARKWAY
SECOND FLOOR TRAINING ROOM.
CALL TO ORDER
P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at 8:10
p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Mary Starr
P&Z Commissioner Darrell Isenberg
P&Z Commissioner David Belsky
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, Planning Technician Samin Bazargan, Director of Engineering Robert Upton,
Engineering Associate Matt Brown and Office Assistant Alma Gonzales.
CONSENT AGENDA
P&Z Chairperson Daniel Tunstall read into the record the items on the consent agenda. The
Chair wished to remove item Al on the consent agenda. P&Z Vice -Chairperson Thomas
Duncan made a motion to approve items A2 and B on the consent agenda, P&Z
Commissioner Mary Starr seconded the motion. The motion to approve items A2 and B
passes 6-0.
A motion to amend item Al to add Chairperson Daniel Tunstall from Excuse of Absence on
October 26, 2017 was made by P&Z Commissioner Derrell Isenberg, P&Z Commissioner
Mary Starr seconded the motion. The motion to amend passes 6-0. The amended motion to
add Chairperson Daniel Tunstall from Excuse of Absence passes 6-0.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSED
ABSENCE
1. Excuse the absences of P&Z Commissioner Troy Pradia from the
October 26, 2017 P&Z Regular Meeting.
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November 06, 2017
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CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF STEWART
HEIGHTS AT SAVANNAH SECTION 9
A request of Jennifer Curtis, of BGE/Kerry Gilbert and Associates, the applicant; on behalf
Brian Gibson of Savannah Development, LTD., owner; for approval of the
Preliminary Plat of Stewart Heights at Savannah Section 9 creating 26 single family lots,
and 2 reserve on ± 8.0 acres of land located north of County Road 58, west of
Savannah Parkway, described to wit:
Legal Description: Being ± 8.0 acres of land containing 26 lots and 2 reserves in three
blocks out of the H.T.&B. R.R. Co. Survey, A-302 & J.S. Talmage Survey, A-566,
Brazoria County, Texas
General Location: North of County Road 58 and west of Savannah Parkway.
NEW BUSINESS
P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and
Possible Action — Zone Change Application No. Zone 17-00018. P&Z Vice -Chairperson
Thomas Duncan made a motion to approve, P&Z Commissioner Mary Starr seconded the
motion.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
ZONE 17-00018
A request of Shan Patel, applicant, on behalf of Kirby/59 Partners II LP represented by
Kirk Laguarta, owner; for approval of a change in zoning from an Office Park (OP) to a
General Business (GB) zoning district; on approximately 2.1367 acres of land.
Legal Description: Being 2.197 acres of land located in the H.T. & B. R.R. Company
Survey, Section 81, Abstract Number 300, Brazoria County, Texas, being the residue of a
called 2.21 acre tract conveyed to Kirby/59 Partners II L.P. by an instrument of record in
Document Number 2007060968 of the Official Records of said Brazoria County, Texas
(B.C.O.R.).
General Location: Northeast corner of CR 59 and Kirby, Pearland, TX
P&Z Vice -Chairperson Thomas Duncan had concerns with not being sure what the
separation would be between the residents and the business, Mr. Duncan wanted to make
sure residents were protected and would like to see a more intense zoning, he was not in
favor of this request. P&Z Commissioner Mary Starr thinks it would be a good move and
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November 06, 2017
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that regulation has already setup the barriers in the ordinance. P&Z Chairperson Daniel
Tunstall was not in favor of the GB change, he felt NS would be more appropriate for the
property and anything additional than that should be a CUP. Mr. Tunstall is a no vote for
GB but would vote yes for NS. P&Z Commissioners David Selsky and Derrell Isenberg
would vote yes for NS. The applicant's attorney, Omar Izfar was asked by the P&Z
Commission if changing the zone change to NS would be acceptable to the applicant. A
discussion ensued by the P&Z Commissioners, legal and the applicant attorney in regards
to the clarification of changing the zone change from GB to NS. Deputy City Attorney
Lawrence Provins explained the voting process and how the recommendation letter to City
Council would be the final action and not the previous history that got them to the final
action. Mr. Izfar asked Mr. Provins clarification if P&Z Commission voted no to GB, but yes
to NS, would it be possible to request from City Council approval of GB over super
majority. Mr. Provins explained the applicant could always ask City Council whatever they
want, whether to downgrade their request to an NS zoning or to go forward with the GB
request, however the super majority by City Council could be triggered by different things.
Mr. informed if moving forward with the NS recommendation, the property owners with in
the 200 foot notification area would not know of the change therefore we would not be
aware if they felt the same way of the opposition, so we would have to treat their
opposition to the request that was present here. A discussion ensued regarding super
majority requirements. Mr. Duncan asked if the change would change the setback
requirements, Mr. Griggs answered it would not change UDC requirements. The
applicant's attorney, Mr. Izfar agreed to have the P&Z Commission recommend a motion
to change zoning from GB to NS for City Council.
P&Z Commissioner David Selsky made a motion to amend zoning from GB to NS, P&Z
Commissioner Derrell Isenberg seconded the motion to amend. The motion to amend the
zoning recommendation from GB to NS passes 6-0. The amended motion on the table
passes 5-1, P&Z Vice -Chairperson Thomas Duncan was not in favor of the amended
motion.
Mr. Izfar asked if he could still get a vote on the submitted request. Mr. Provins clarified the
recommendation the Commission voted on and the triggers on a super majority vote from
City Council.
DISCUSSION ITEMS
1. Commissioners Activity Report — P&Z Chairperson Daniel Tunstall informed that a
local representative from an HOA contacted him on the procedures from when the
developer owned HOA's deeds over to residential owned HOA's, Mr. Tunstall would
like to look in to how the UDC could be improved to make sure that all properties
that will be in control of HOA's are deeded to them.
2. Next P&Z Regular Meeting — November 20, 2017 — P&Z Commissioner David
Selsky informed that he would not be attending the meeting. City Planner Jai
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November 06, 2017
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McBride asked the P&Z Commission to please inform if they would not be able to
attend the meeting as soon as possible to be able to plan accordingly.
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 8:28 pm
These minutes were respectfully submitted by:
Alma Gffice Assistant
Minutes approved as submitted and/or corrected on this16thday of October 2017, A.D.
141 11416
Daniel%l4nstall, P & Z Chairperson
P&Z Regular Meeting Minutes
November 06, 2017
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