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2019-06-03 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 03, 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 6:32 p.m. In attendance were: P&Z Chairperson Daniel Tunstall P&Z Vice -Chairperson Thomas Duncan P&Z Commissioner Ronald Wicker P&Z Commissioner Mary Starr P&Z Commissioner Layni Cade P&Z Commissioner Julie Ward Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Planner Vince Hustead, Assistant Director of Engineering Raj Shrestha, and Office Assistant Alma Gonzales. Chairperson Tunstall read into the record the items on the consent agenda. Commissioner Starr made a motion to approve, Commissioner Cade seconded the motion. 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. Excuse the absences of P&Z Chairperson Daniel Tunstall, Commissioners Derrell Isenberg and Layni Cade from the May 20, 2019 P&Z Regular Meeting. 2. Approve the P&Z Regular Meeting minutes from May 20, 2019. P&Z Regular Meeting Minutes June 03, 2019 Page 1 of 5 CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF THE FINAL PLAT OF RIVERSTONE RANCH AT CLEAR CREEK SECTION 12 PLAT 19-00032 A request of Jason Price of LJA Engineering, Inc., on behalf of Meritage Homes, owner; to approve the Final Plat of Riverstone Ranch at Clear Creek Section 12 creating 161 single family lots and 6 reserves, described to wit: Legal Description: A Subdivision of 41.394 acres of land situated in the T.J. Green Survey Abstract 290, City of Pearland, Harris County, Texas, also Being a Replat of All of Lots 7, 8, 9, 18, and 28, and Part of Lots 2, 3, 10, 16, 17, 19, 29, 41, and 42, out of the Allison — Richey Gulf Coast Home Company Part of Suburban Gardens Section "G," as recorded in Vol. 4, Pg. 48, H.C.M.R. and all of Reserve "A" of Riverstone Falls Drive Street Dedication as recorded in Film Code No. 669111, H.C.M.R. General Location: North of Clear Creek east of Hughes Road. No further discussion by the P&Z Commission The motion passed 6-0 NEW BUSINESS Chairperson Tunstall read into the record the items for Consideration and Possible Action — Variance to create flag lot VARP 19-00009. Commissioner Wicker made a motion to approve, Commissioner Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION —VARIANCE TO CREATE FLAG LOT VARP 19-00009 A request by Roger Garza of Kimley-Horn, the applicant on behalf of Pearland Town Center, 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 Pearland Town Center Planned Unit Development, described to wit: Legal Description: 1.89 acres out of Lot 23 of a Replat of Pearland Town Center. General Location: 11200 Broadway Planner Hustead gave a presentation with exhibits and informed Staff recommended approval of the requested variances regarding the guidelines of Section 2.6.1.1 (b) (1), P&Z Regular Meeting Minutes June 03, 2019 Page 2 of 5 which requires the approval of the Planning and Zoning Commission for the creation of a flag lot within a Planned Unit Development District for the following reasons: 1. The proposed lot is compatible with and preserves the character and integrity of adjacent development. 2. The proposed lot will accommodate new development that will conform to the Pearland Town Center PUD. Ashley Frysinger with Kimley-Horn, 11700 Katy freeway # 800, Houston TX 77079 gave a brief description of their intent and was available for questions and comments. No public input Commissioner Ward made comments on the lot size but no further discussion from the P&Z Commission. Motion passed 6-0 Chairperson Tunstall read into the record the items for Consideration and Possible Action — Variance to create flag lot and approval of lots that do not have frontage on a public street VARP 19-00010. Commissioner Cade made a motion to approve, Commissioner Starr seconded the motion. CONSIDERATION AND POSSIBLE ACTION — VARIANCE TO CREATE FLAG LOT AND APPROVAL OF LOTS THAT DO NOT HAVE FRONTAGE ON A PUBLIC STREET VARP 19-00010 A request by Cathy Fontenot of Survey 1, the applicant on behalf of Jamie and Guadalupe Martinez and Jamie Martinez Jr. 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 and approval of lots that do not have frontage on a public street per Section 3.2.14.2 0) within the City of Pearland ETJ described to wit: Legal Description: A subdivision of 4.7016 acres (204,801 square feet) in the H.T. & B.R.R. Co, Survey, A-562, also being a partial replat of Farm Tract 15 of the Emigration Land Company Subdivision of Section 76 of the H.T. & B.R.R. Company Survey as recorded in Volume 2, Pages 81 — 82 of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: 5417 Apollo Lane Planner Hustead gave a presentation with exhibits and informed Staff recommended approval 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 P&Z Regular Meeting Minutes June 03, 2019 Page 3 of 5 a flag lot, and approval of a plat per Section 3.2.14.2 (j) that does not have frontage on a public street with the following condition: 1. That the east west access easement be 20 feet wide. Cathy Fontenot with Survey One, 2408 Mustang Road Alvin TX 77511 gave a brief description of their intent and was available for comments and questions. Commissioner Wicker had an issue with the 20ft. easement, Chairperson Tunstall commented on the easement but had no issue with it. No public input Chairperson Tunstall made a motion to amend to add Staff conditions, Vice — Chairperson Duncan seconded the motion. The amended motion passed 6-0 The motion passed 4-2, Commissioners Cade and Wicker were opposed DISCUSSION ITEMS 1. Discussion of proposed UDC amendments — Planning Manager Griggs gave a brief presentation of the amendments. Discussion ensued regarding LED window Tight restrictions, smoke/vape/tobacco considered as retail shops, building setbacks, revisions for patio foundation and the new matrix to be provided. 2. Commissioners Activity Report - None 3. Next P&Z Regular Meeting - June 17, 2019 ADJOURNMENT P&Z Chairperson Tunstall adjourned the P&Z Regular meeting at 7:15 p.m. These minutes were respectfully submitted by. 915 Alma Gonzal:© Office sistant Minutes approved as submitted and/or corrected on this17th day of June 20 9, A.D. OA A ifint Daniel Tunstall, P & Z Chairperson P&Z Regular Meeting Minutes June 03, 2019 Page 4of4