2019-04-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, APRIL 15, 2019 AT
6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR.
CALL TO ORDER
P&Z Chairperson Daniel Tunstall opened the meeting for the P&Z Regular Meeting at
6:47 p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Commissioner Ronald Wicker
P&Z Commissioner Derrell Isenberg
P&Z Commissioner Layni Cade
P&Z Commissioner Mary Starr
Also present were Deputy City Attorney Lawrence Provins, Planner Vince Hustead,
Assistant Director of Engineering Raj Shrestha, Associate Engineer Parviz Pourazizian
and Office Assistant Alma Gonzales.
Chairperson Tunstall read into the record the items on the consent agenda.
Commissioner Wicker made a motion to approve, Commissioner Starr seconded the
motion. Commissioner Cade requested to remove item no. 3 from the consent agenda.
Commissioner Wicker made comments on the attendance of elected Commissioners.
The motion passed 5-0 for all items except item no. 3.
CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and
require little or no deliberation by the P&Z Commission. These items will be
enacted / approved by one motion unless a commissioner requests separate
action on an item, in which event the item will be removed from the Consent
Agenda and considered by separate action (ix. Matters removed from
Consent Agenda). Approval of the Consent Agenda enacts the items
of legislation.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES AND
EXCUSED ABSENCE
1. Approve the JPH Meeting minutes from March 18, 2019.
2. Approve the P&Z Meeting minutes from March 18, 2019.
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3. Excuse the absences of P&Z Commissioners Troy Pradia from the March 18,
2019 P&Z Regular Meeting.
4. Approve the P&Z Regular Meeting minutes from April 1, 2019.
5. Excuse the absences of P&Z Commissioners Daniel M. Tunstall and Thomas
Duncan from the April 1, 2019 P&Z Regular Meeting.
Chairperson Tunstall made a motion to postpone item no. 3 to a future meeting,
Commissioner Starr seconded the motion. The motion passed 5-0
NEW BUSINESS
Chairperson Tunstall read into the record the items for Consideration and Possible
Action — Variance to create Flag Lot and a Variance from the 3:1 Depth to Width Ratio.
VARP 19-00006. Commissioner Cade made a motion to approve, Commissioner Starr
seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — VARIANCE TO CREATE FLAG LOT
AND A VARIANCE FROM THE 3:1 DEPTH TO WIDTH RATIO. VARP 19-00006
A request by David White of Tetra Surveying, the applicant on behalf of
Michael and Gladys Gonzalez, 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 SR -12
Suburban Residential -12 zoning district described to wit:
Legal Description: A subdivision of 4.9115 acres of land located in the City
of Pearland and the H.T.&B RR Company Survey, Abstract No. 234, being a
replat of the south % of Lot 59 of the Allison — Richey Gulf Coast Home
Company Suburban Gardens Subdivision, a subdivision in Brazoria County
according to the map or plat thereof recorded in Volume 2, Page 23 of the
Deed Records of Brazoria County, Texas.
General Location: 2414 Roy Road
Planner Vince Hustead presented the staff report with exhibits and informed that Staff
recommended of the requested variances regarding the guidelines of Section 2.6.1.1 (b)
(1), which requires the approval of the Planning and Zoning Commission for the creation
of a flag lot within a Planned Unit Development district, and also recommends a
variance from the 3:1 depth to width ratio for Lot 2 Section 3.2.14.2 (c),for the subject
property for the following reasons:
1. The subject property is currently zoned SR -12 and is consistent with the Low Density
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Residential category of the Future Land Use Plan Map.
2. The proposed use is compatible with and preserves the character and integrity of
adjacent developments and neighborhood.
Applicant David White with Tetra Surveying, 2109 Lexington, Missouri City TX 77098,
gave a brief description for their request and was available for questions and comments.
No public input
Motion passed 5-0
Chairperson Tunstall read into the record the items for Consideration and Possible
Action — Variance from the 3 to 1 Front to Depth Ratio. VARP 19-00007. Commissioner
Starr made a motion to approve, Commissioner Isenberg seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM THE 3 TO 1
FRONT TO DEPTH RATIO. VARP 19-00007
A request of Scott Sheridan of FMS Surveying, the applicant; on behalf of Wheel
House Pearwood RV Partners LLC. owner; for approval of a Variance Permitted in
Section 2.2.5.2 (a) (4) of the Unified Development Code, Ordinance No. 2000-T, to
increase the maximum lot depth to width ratio from the 3 to 1 to a ratio of 3.11 to 1 to
allow the platting of a lot within the City of Pearland Extra -Territorial Jurisdiction (ETJ)
described to wit:
Legal Description: Being portions of Lots 43 & 44 of West Pearwood Subdivision, Vol
1, Pg. 96 B.C.P.R. situated in the Austin Lower League, Abstract No. 111, City of
Pearland ETJ, County of Brazoria, State of Texas.
General Location: 17611 County Road 127
Planner Vince Hustead presented the staff report with exhibits and informed that Staff
recommended approval of the requested variance from the requirements of Section
3.2.14.2 (c), which requires the approval of the Planning and Zoning Commission to
increase the depth to width ratio from 3 to 1 to a ratio of 3.11 to 1 for the following
reason:
1. To allow the property to be platted in its existing configuration.
Commissioner Wicker commented on the RV Park expansion of the said property.
No public input
Motion passed 5-0
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Chairperson Tunstall read into the record the items for Consideration and Possible
Action — Final Plat of Midtown at Magnolia Townhomes. PLAT 19-00020. Commissioner
Wicker made a motion to approve, Commissioner Cade seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF MIDTOWN AT
MAGNOLIA TOWNHOMES PLAT 19-00020
A request of Jason Price, of LJA Engineering, the applicant; on behalf of Gehan
Homes, Ltd, owner; for approval of the Final Plat of Midtown of Magnolia Townhomes,
creating 44 townhome lots and 12 reserves on 7.443 acres of land located on the
southeast side of the Magnolia Road and Manvel Road intersection, described to wit:
Legal Description: A Subdivision of 7.443 acres of land situated in the H.T. & B.R.R.
Company Survey, Abstract 546, City of Pearland, Brazoria County, Texas.
General Location: Southeast quadrant of Magnolia Road and Manvel Road
Planner Vince Hustead presented the staff report with exhibits and informed that Staff
recommended approval of the Final Plat of Midtown at Magnolia for the following
reasons:
1. The Final Plat conforms to the amended Midtown at Magnolia Planned Development.
2. The Final Plat conforms to the approved Master Plat of Midtown at Magnolia.
3. The Final Plat conforms to the approved Preliminary Plat of Midtown at Magnolia.
4. The Final Plat of Midtown at Magnolia Townhomes conforms to the UDC
requirements for approval of a Final Plat.
Chairperson Tunstall asked Alan Mueller with Gromax Development, 4201 Broadway,
Pearland TX 77581, what would be the future use for the remaining commercial
reserve. Mr. Mueller informed that Gehan Homes, the owner of the said property did not
purchase the remaining reserve and was not aware of the future use.
The motion passed 5-0
Chairperson Tunstall read into the record the items for Consideration and Possible
Action — Replat of Honore' Addition Part 1. Replat No. 1 PLAT 19-00027. Commissioner
Isenberg made a motion to approve, Commissioner Cade seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — REPLAT OF HONORE' ADDITION
PART 1 REPLAT NO. 1 PLAT 19-00027
A request of Cathy Fontenot, of Survey One, the applicant; on behalf of Expre Realty,
owner; for approval of the Replat of Honore' Addition Part One Replat No. 1, creating 3
lots on 0.2870 acres of land located at 2513 Texas Avenue, described to wit:
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Legal Description: A Subdivision of 0.2870 acres (12,500 sq. ft..) in the H.T. & B.R.R.
Co. Survey, A-542, also being a Replat of Lot 1 of the Honore' Addition Minor Replat
Part One, as recorded in County Clerk's File No. 2015048294 of the official record of
Brazoria County, Texas, City of Pearland, Brazoria County, Texas.
Location: 2513 S Texas Avenue
Planner Vince Hustead presented the staff report with exhibits and informed that Staff
recommended approval of the Replat of Honore' Addition Part 1 Replat No. 1 for the
following reasons:
1. The Replat of Honore' Addition Part 1 Replat No. 1 conforms to the UDC
requirements for approval of a replat.
2. The Replat of Honore' Addition Part 1 Replat No. 1 conforms to the variances
approved by the Planning and Zoning Commission on March 18, 2019.
Chairperson Tunstall was in favor of the request.
Resident Glenn Berridge, 7106 Evans, Houston TX 77061, requested clarification for
the reason of the request. Planner Hustead explained the purpose of the replat to create
the 3 lots.
The motion passed 4-0, Commissioner Cade was opposed.
Chairperson Tunstall read into the record the items for Consideration and Possible
Action — Zone Change Application No. ZONE 19-00004. Chairperson Tunstall
requested a motion to postpone the request for a future meeting to allow applicant to
attend, Commissioner Starr made the motion, Commissioner Cade seconded the
motion. Chairperson Tunstall receded the request to postpone due to the applicant
being present, Commissioner Starr made the motion, Commissioner Cade seconded
the motion.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO.
ZONE 19-00004
A request by Marina Damian, Advance Surveying, Inc., applicant, on behalf of Ahmed
Elsayem, owner, for approval of a zoning change from Single-family Estate (R -E)
District to Suburban Residential -12 (SR -12) District; on approximately 3.06 acres of
land; to wit:
Legal Description: Being a tract or parcel of 3.2533 acres or 141,715 square feet of
land out of Allison Richey Gulf Coast Horne Company's Suburban Gardens of Section
20 H.T. B.R.R. Co. Survey, Abstract No. 506, Brazoria County, Texas, recorded in
Volume 2, Pages 23-24 of the Plat Records of Brazoria County (B.C.P.R.), Texas; being
the Same tract of land described as the West 270.5 feet of Lot 18 conveyed to Ahmed
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Elsayem, recorded under County Clerk's File Number (C.C.F.N.) 2015042089, of the
Official Public Records Of Brazoria County, Texas (O.P.R.B.C.T.).
General Location: 8933 Hawk Road, Pearland, Texas.
Planner Vince Hustead presented the staff report with exhibits and informed that Staff
recommended Per Section 2.2.1.4 of the Unified Development Code, the criteria for
approval of a zone change is as follow:
1. Whether the proposed zoning map amendment implements the policies of the
adopted Comprehensive Plan, including the land use classification of the property on
the Future Land Use Map and any incorporated sector plan maps;
2. Whether the uses permitted by the proposed change in zoning district classification
and the standards applicable to such uses will be appropriate in the immediate area of
the land to be reclassified;
3. Whether the proposed change is in accord with any existing or proposed plans for
providing public schools, streets, water supply, sanitary sewers, and other public
services and utilities to the area; and
4. Any other factors which will substantially affect the public health, safety, morals, or
general welfare.
The above factors with the requested zone change are compatible for approval.
Applicant Henry Santos with Advance Surveying, 8518 Fuqua #A2, Houston TX 77099,
was available for comments and questions.
Chairperson Tunstall asked Mr. Santos the purpose for the rezoning, Mr. Santos
explained the zone change would be to allow to build 6 single family homes on the
property. Mr. Tunstall asked for the future plans for detention, Mr. Santos informed a
detention pond would be included within the site plans.
No public input
The motion passed 5-0
DISCUSSION ITEMS
1. Commissioners Activity Report — Commissioner Wicker commented on the
applicant representation requirements on requests and plans, Deputy City
Attorney Provins explained the criteria and state law provisions. Chairperson
Tunstall requested to include to the future agenda items the lightening
requirements for commercial buildings. Mr. Tunstall and Commissioner Cade
would like to have Staff include their lighting pictures on the future agenda.
2. Next P&Z Regular Meeting — May 6, 2019
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ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 7:20 p.m.
These minutes were respectfully submitted by:
Minutes approved as submitted and/or corrected on this 6th day of May 2019, A.D.
Daniel - nstall, P & Z Chairperson
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