2017-09-11 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, SEPTEMBER 11, 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 9:24
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 Selsky
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, P&Z Vice -Chairperson Thomas
Duncan seconded the motion. The motion passes by a vote of 5-0.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES
1. Approve the P&Z Regular Meeting minutes from July 17, 2017.
2. Approve the P&Z Regular Meeting minutes from September 7, 2017.
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF LAKE PARK PHASE 1,
SECTION 3
A request of Andrew Allemand, Windrose Land Services, the applicant; on behalf of
Robert E. Giles, Pearland Cullen Properties, LLC, owner; for approval of the Final Plat of
Lake Park Subdivision Phase 1, Section 3, creating 1 lot on .9999 acres of land located on
the east side of Cullen Parkway about 1,000 feet north of Brookside Road, described to
wit:
Legal Description: A subdivision of 0.9999 acres / 43,557 square feet of land, situated in
the W.T. Dobson Survey, Abstract No. 187, City of Pearland, Brazoria County, Texas.
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September 11, 2017
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General Location: East side of Cullen Parkway about 1,000 feet north of Brookside Road.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF MIRROR
LAKE
A request of Jason Price, LJA Engineering, the applicant; on behalf of W.B. Pearland,
LLC., owner; for approval of the Preliminary Plat of Mirror Lake creating 92 town home lots
and 11 reserves on 15.507 acres of land, described to wit:
Legal Description: A subdivision of 15.507 acres of land situated in the H.T. & B.R.R.
Company Survey, Abstract 242, City of Pearland, Brazoria County, Texas.
General Location: North of Fite Road west of FM 1128.
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SOUTHLAKE SECTION
12
A request of Rene Rodriguez, LJA Engineering, the applicant; on behalf of 518SCR Ltd,
owner for approval of the Final Plat of Southlake Section 12, creating 65 residential lots
and 6 reserves located on 24.229 acres of land, described to wit:
Legal Description: A subdivision of 24.229 acres of land situated in the H.T. & B.R.R.
Company Survey, Section 84, Abstract 538, City of Pearland, Brazoria County, Texas.
General Location: South side of the Southlake Boulevard and Spicewood Lane
intersection.
NEW BUSINESS
P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and
Possible Action — Variance from Minimum Lot Width and Area to Allow Platting of a Lot.
P&Z Vice -Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner
Mary Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM MINIMUM LOT
WIDTH AND AREA TO ALLOW PLATTING OF A LOT.
A request by Todd Slaton of True Meridian PLLC, applicant, on behalf of Hardie Barr,
owner; for approval of a Variance Permitted in Section 2.4.4.5 (c) (1) (a) and (b), of the
Unified Development Code, Ordinance No. 2000-T, to reduce the minimum lot width from
150 feet to a varied range of 25.44 to 80 feet and the minimum lot size from 22,500 square
feet to 11,888 square feet for an existing lot zoned General Business, described to wit:
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September 11, 2017
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Legal Description: Being a 0.2729 acre tract in Lot 1, Block 4 of Air Port Sites
Subdivision, out of the H.T. & B.R.R. Company Survey, Abstract 239, Brazoria County,
Texas, according to the map or plat thereof recorded in Volume 5, Page 56 of the Plat
Records of Brazoria County, Texas.
General Location: 3900 Block of 3rd Street
Planner Armon Irones gave a brief presentation with exhibits and informed that Staff does
recommend approval of the requested variance to reduce the minimum lot width and area
per the requirement of Section 2.4.4.5 (c) (1) (a) and (b) which requires the approval of the
Planning and Zoning Commission to reduce the minimum lot width from 150 feet to 25.44
feet and to reduce the minimum lot area from 22,500 square feet to 11,888 square feet for
the proposed lot for the following reasons:
1. The subject property is currently zoned General Business
2. The subject property was originally intended to be used as single family residential,
however; the Future Land Use Plan 2015 shows the area as Light Industrial.
Currently there are a variety of different land uses along 3rd Street.
3. The property to the north and east of the subject property is zoned General
Business. There are railroad tracks bordering along the west property line and
Mary's Creek is located to the south and it is zoned Light Industrial.
P&Z Vice -Chairperson Thomas Duncan asked Staff for clarification on the purpose of the
request. Mr. Irones informed it was only for the variance to plat their property.
Motion passes 5-0
P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and
Possible Action — Conditional Use Permit Application No. CUP 17-00014. P&Z
Commissioner Mary Starr made a motion to approve, P&Z Commissioner David Selsky
seconded the motion.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit Application No.
CUP 17-00014
A request of Kerry R. Gilbert & Associates represented by Jennifer Curtis, applicant, on
behalf of Global XYZ Development LLC represented by Archana Thota, owner; for
approval of an amendment to the site plan for Ordinance Number CUP 2014-09 in the
Business Park -288 (BP -288) zoning district; on approximately 3.0679 acres of land.
Legal Description: Being a 3.0679 acre tract of land located in the H.T. & B.R.R.
Company Survey, Abstract 300, Brazoria County, Texas; said 3.0679 acre tract being all of
Lot 2 and Lot 3, Block 1 of Minor Plat of Medical Resort at Pearland, a subdivision plat
recorded in Clerk's File Number 2015027678 of the Brazoria County Plat Records
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September 11, 2017
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(B.C.P.R).
General Location: Approximately 1,600 feet north of County Road 59 on the west side of
Business Center Drive, Pearland, Texas.
Senior Planner Martin Griggs presented the Staff report and exhibits and informed that
Staff approval of the requested amendment to the site plan for Ordinance Number CUP
2014-09 on the approximately 3.0679 acre site for the following reasons:
1. The proposed amendment to CUP 2014-09 at the specified location is consistent
with the policies embodied in the "288 Gateway" category of the Comprehensive
Plan.
2. The proposed amendment to CUP 2014-09 is consistent with the general purpose
and intent of the BP-288zoning district.
3. The proposed amendment to CUP 2014-09 is compatible with and preserves the
character and integrity of adjacent developments and neighborhoods. The site plan
generally adheres to the UDC requirements. The remaining concerns from the DRC
are discussed in the additional comments section regarding landscaping, pedestrian
access, and utility easements required by the UDC which can be addressed prior to
the first hearing of the ordinance.
4. The proposed amendment to CUP 2014-09 does not generate pedestrian and
vehicular traffic which will be hazardous or conflict with the existing and anticipated
traffic in the neighborhood. All traffic generated by future development will take
place on Business Center Drive which is sufficient to handle all anticipated traffic
and is currently equipped with pedestrian sidewalks to reduce potential hazards.
5. The proposed amendment to CUP 2014-09 has access to Business Center Drive in
conformance with the driveway regulations. Efforts have been made to reduce
access point by sharing drive access with the Costco Development to the south
which restricts traffic conflict points.
6. The proposed amendment to CUP 2014-09 incorporates features to minimize
adverse effects, including visual impacts, of the proposed conditional use on
adjacent properties.
7. The proposed amendment to CUP 2014-09 currently meets all of the standards for
the BP -288 zoning district.
P&Z Vice -Chairperson asked Staff if the UDC changes go into effect concerning CUPs,
will the site plan be allowed more flexibility and the new rules be applied to this proposal.
Deputy City Attorney Lawrence Provins explained the current UDC requirements allows a
CUP to be adopted as an ordinance whereas the future rules will not be an ordinance but
a true permit and a permit cannot override an ordinance that's already in place.
Motion passes 5-0
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P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and
Possible Action — Conditional Use Permit Application No. CUP 17-00015. P&Z Vice -
Chairperson Thomas Duncan made a motion, P&Z Commissioner David Selsky seconded
the motion.
CONSIDERATION AND POSSIBLE ACTION - Conditional Use Permit Application No.
CUP 17-00015
A request of Gilbert Mandke PLLC, applicant, on behalf of AVK Properties, LLC
represented by Kannimel O. Mathew, 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 3.1312 acres of land.
Legal Description: Being Tract "B" a 3.1312 acre (136,394 sq. ft.) out of a 13.7809 acre
(600,300 sq. ft.) tract of land, that same called 15.0832 acre tract conveyed by to Leslie
Gordon Liere, recorded in Clerk's File Number (C.F. No.) 03-066667 Brazoria County
Deed Records (B.C.D.R.), to Richard Douglas Liere in C.F. No. 03-066666 and to Beatrice
Theriot, Virgie Hawk, and Hattie Mae Wood in cause No. 9573 Brazoria County Probate
Records, said tract being all of Lot 60 of the Allison Richey Gulf Coast Home Co., Section
85 a subdivision of record in Volume 2, Page 107 of the Brazoria County Plat Records,
located in the H.T. & B. R.R. CO. survey, Abstract 304, Brazoria County, Texas.
General Location: 9603 Broadway St., Pearland, TX.
P&Z Commissioner Derrell Isenberg made a comment for the record to present to Council
that he will not vote yes for another liquor store until he gets better clarity and information
or criteria from the planned workshop with Staff. Mr. Isenberg feels there are too many
liquor stores being proposed. P&Z Chairperson Daniel Tunstall commented for the record
that not enough details were presented other than an application and did not feel it's the
best fit for the property without having more details presented to the Commission.
The motion passes 3-2. P&Z Chairperson Daniel Tunstall and P&Z Commissioner Derrell
Isenberg were opposed to the proposal.
P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and
Possible Action — Conditional Use Permit Application No. CUP 17-00016. P&Z Vice -
Chairperson Thomas Duncan made a motion to include Staff's landscaping
recommendations, P&Z Commissioner Mary Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION - Conditional Use Permit Application No.
CUP 17-00016
A request of Pogie USA, LLC., applicant and owner, represented by Bruce Honore; for
approval of a Conditional Use Permit (CUP) to allow for a Truck (Heavy) and Bus Rental or
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September 11, 2017
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Sales use in the 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 made a comment that he was torn with what is done with
CUP's and the impact on properties. Mr. Tunstall would like to see a sketch of what's
going to be on the property and his vote will be on the business and what the business will
look like and what items maybe an issue. Mr. Tunstall asked for clarity on adding the site
plan as a condition for approval. Mr. Duncan asked if currently the UDC requires a site
plan, Mr. Provins explained that there may be some compliance issues with the UDC that
require revisions in the site plan that aren't currently contained in that site plan now and to
allow those changes the applicant would have to come back for an amendment to the site
plan. Mr. Duncan asked what would be the process to separate the site plan from the
approval process. A discussion ensued if a new site plan should be required to approve.
City Planner Jai McBride explained that conditions could be made prior to the first reading
to add any concerns. Mr. Tunstall added the issue that he has is the parking spaces for the
larger trucks appear to be the same size that they are now. Mr. Duncan recommended to
Staff to request an auto turn analyst to make sure the large trucks can move. Senior
Planner Martin Griggs asked Commissioners if both items, the larger truck spaces and
auto turn analysis were going to be added as recommendations. Mr. Tunstall explained
that it's hard to render judgement with no dimensions on the drawing. P&Z Commissioner
David Selsky made a proposal that the Commission should determine if this is a suitable
location for this type of business and trust the UDC as accommodations that its buildout
the way it needs to be buildout.
The motion to approve with additional landscaping requirements passes 4-1. P&Z
Chairperson Daniel Tunstall was opposed due to the site plan that was provided did not
give enough information to accurately rule on the approval.
P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and
Possible Action — Conditional Use Permit Application No. CUP 17-00018. P&Z Vice -
Chairperson Thomas Duncan made a motion to approve with the condition of removing the
required buffer on the south side of the property. P&Z Commissioner Derrell Isenberg
seconded the motion. Deputy City Attorney Lawrence Provins intervened on the motion to
explain to the Commission that the UDC specifically states that buffers are ZBA issues and
a CUP cannot remove something that has to be considered by the ZBA. P&Z Vice -
Chairperson Thomas Duncan made a motion to approve, P&Z Commissioner Derrell
Isenberg seconded the motion.
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September 11, 2017
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CONSIDERATION AND POSSIBLE ACTION - Conditional Use Permit Application No.
CUP 17-00018
A request of Rekha Engineering represented by Robert A. Marlowe, applicant, on behalf of
R West Development Company; owner, for approval of a Conditional Use Permit (CUP) to
allow for a Church building to be located in Single—Family Residential -2 (R-2) zoning
district; on approximately 2.08 acres of land.
Legal Description: Being 2.08 acres of land, more or less, being a part of Lot 17 of the
L.W. Murdock Subdivision of the A.C.H. & B. Survey, Section 2, Abstract 507, Brazoria
County, Texas, and being a part of certain called 117.08 acre tract described in a deed
from Elizabeth Alexander Nisbett to R. West Development Co., Inc., dated August 30,
1999 and recorded under Clerk's File No. 99-040666, Official Public Records, Brazoria
County, Texas (as a proposed plat).
General Location: Southside of Pearland Parkway across from Oak Ridge Drive,
Pearland, TX.
P&Z Chairperson Daniel Tunstall made a statement for the record that the Commission
could not act on removing the required buffer due to buffers being a ZBA issue and a CUP
cannot remove something that has to be considered by a ZBA. Mr. Provins read the
provisions from subparagraph C in the CUP section for clarification. Planner Armon Irones
notified the Commission that this particular variance would be going before the ZBA board
on September 21, 2017.
Motion passes 5-0
P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and
Possible Action — Zone Change Application No. Zone 17-00016. P&Z Commissioner
Derrell Isenberg made a motion to approve, P&Z Commissioner Mary Starr seconded the
motion.
CONSIDERATION AND POSSIBLE ACTION - Zone Change Application No. ZONE 17-
00016
A request of George Gartner, applicant, on behalf of Julia Faye Ross, owner; for approval
of a change in zoning from a Suburban Residential -12 (SR -12) to a General Commercial
(GC) zoning district; on approximately 9.874 acres of land.
Legal Description: Being a 9.874 -acre tract in the H.T. & B.R.R. Co. Survey, Section 9,
Abstract No. 234 in Brazoria County, Texas. Said 9.874 -acre tract is part of Lot 27 of the
Allison -Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision as
recorded in Volume 2, Page 23 in the Brazoria County Plat Records.
General Location: 2409 and 2421 Max Road, Pearland, TX
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September 11, 2017
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P&Z Chairperson Daniel Tunstall made a comment that for this area the Commission has
to look at it closely and make common sense moves as to how the Commission got to
where they are and it's important to make good judgement calls.
Motion passes 5-0
P&Z Chairperson Daniel Tunstall read into the record the items on the Consideration and
Possible Action — Zone Change Application No. Zone 17-00017. P&Z Commissioner David
Selsky made a motion to approve, P&Z Vice -Chairperson seconded the motion.
CONSIDERATION AND POSSIBLE ACTION - Zone Change Application No. ZONE 17-
00017
A request of Amanda R. Bennett, applicant/owner, for approval of a change in zoning from
a Single -Family Residential (R-1) to a General Commercial (GC) zoning district; on
approximately 1.98 acres of land.
Legal Description: Being the east 181.00 feet of Lot 2 in Block 5 of Herridge Miller
Subdivision of 102 acres of land in Section 5, H.T. & B. R.R. Company Survey, Abstract
237, a subdivision in Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 734, Page 237 of the Map Records of Brazoria County, Texas.
General Location: 6518 Rice Road, Pearland, TX.
P&Z Chairperson Daniel Tunstall commented on the zoning situation being unique for this
large property with R1 and GC. Mr. Tunstall clarified that the request is not for a whole
zone change but to cut a GC strip out of the R1 strip to allow access. Mr. Tunstall looked
at this situation as spot zoning, and mentioned spot zoning is not allowed for this property.
Mr. Tunstall personally felt that the Commission should vote on this however each one
thinks, basically voting on a flag zone, and let the Council give their opinion and rule on it.
If it split, then it could be sent to Council as a split decision. Mr. Tunstall asked legal what
other option was there to get access. Deputy City Attorney Lawrence Provins explained
driveway separation requirements. Associate Engineer Matt Brown explained the
requirements for Rice Rd. would be 75 feet from edge to edge for residential, but because
they are wanting to allow access for the business it would be considered commercial and
have different separation requirements. Mr. Tunstall asked if the separation was there,
would there be a means to get a driveway to go to their commercial property across the
residential. Mr. Provins explained it would have to be turned to the planning requirements
for commercial zoned property. A discussion on access on a commercial zoned property
through a residential zoned property ensued. Mr. Tunstall shared an idea for voting on this
proposal to vote yes or no on creating a GC flag lot or flag zone. Mr. Tunstall informed that
his vote would be yes on this but his only problem he had with it was not being able to add
any conditions on a zone change. Senior Planner Martin Griggs reminded the Commission
that there would be landscape buffer requirements for both residential properties. P&Z
Commissioner Mary Starr made a comment that most of the people that were against this
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September 11, 2017
Page 8 of 10
change were thinking it was a zone change for the whole property and not realizing it was
just for a driveway. P&Z Chairperson Daniel Tunstall asked the audience if they were
wanting to speak further now that they were able to hear what exactly was being
proposed. Mary H. Perez, 1618 Hatfield Rd., Pearland TX 77581, spoke her concerns if it
was zoned commercial. Mr. Tunstall explained to the audience what the proposal was for.
Ms. Starr made a commented on someone not being able to build a driveway on your own
property for access to the back of your own property. Commission asked what would be
allowed to build on the back of a residential property. Mr. Provins and Mr. Griggs explained
the limitation of the size of building in relationship to proportion for a single family
residential dwelling and accessory residential structures to add on a property. P&Z
Commissioner Derrell Isenberg made a comment that once you vote for the change, that
zone change will be there forever and the property can be used in the future however they
see fit. Applicant Amanda Bennett, 6518 Rice Rd., Pearland TX 77581, spoke in regards
to their intentions and plans for the re -zone. Mr. Isenberg did not feel this was a zone
change for the property. P&Z Commissioner David Selsky made a comment on voting to
accommodate. Mr. Duncan would like to make it happen but suggests to applicant on
getting a site Engineer for a more create plan. Ms. Starr comments that the Commission
needs to give them access to the applicant's property because she felt that a driveway
could not hurt the neighborhood. Mr. Selsky added that we want to do this, so just vote on
it. Joe Bennett, 10227 Kirkwren Dr., Houston TX 77089, asked the Commission what
would keep them from applying for a temporary commercial driveway area to residential
for access. P&Z Commission answered there was not allowable.
Motion passes 4-1. P&Z Commissioner Derrell Isenberg was opposed to the proposal.
P&Z Chairperson Daniel Tunstall commented on his reason for voting yes was because he
doesn't think its right for the City to put zoning on top of a property that will split it.
DISCUSSION ITEMS
1. Commissioners Activity Report — Commission made comments on the better
working City's detention & drainage system after Hurricane Harvey.
2. Next P&Z Regular Meeting — October 2, 2017 - P&Z Commissioner Derrell Isenberg
will be absent for the next couple of meetings. City Planner Jai McBride informed
that applications are being received for the open P&Z Commissioner position and
interviews would be scheduled in the near future. Deputy City Attorney added that
until budget has been passed they probably will not be meeting for executive
session for appointments.
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 10:25 pm
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September 11, 2017
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These minutes were respectfully submitted by:
Alma Go '' ales,7ffice Assistant
Minutes approved as submitted and/or corrected on this 11th day of September 2017, A.D.
Daniel Tunstall, P & Z Chairperson
P&Z Regular Meeting Minutes
September 11, 2017
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