2019-06-17 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 17, 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
9:58 p.m.
In attendance were:
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Troy Pradia
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, Planner Mohamed Bireima, Director of Engineering
Robert Upton, 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, Vice — Chair Duncan 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 Commissioners Troy Pradia from the June 03,
2019 P&Z Regular Meeting.
2. Approve the P&Z Regular Meeting minutes from June 03, 2019.
P&Z Regular Meeting Minutes
June 17, 2019
Page 1 of 6
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF SAVANNAH
COUNTY ROAD 58 PHASE V PLAT 19-00038
A request of Jennifer Curtis, META Planning & Design LLC, applicant;
on behalf of Brian Gibson, Savannah Development, Ltd, owner; for
approval of the Preliminary Plat of Savannah County Road 58 Phase
V; dedicating 120 feet of right of way for County Road 58 from Augusta
Manor Drive to proposed Hawthorne Village Drive on 2.7489 ± acres of
land, described to wit:
Legal Description: Being 2.7489 ± acres of land out of the A.B. Langermann Survey,
A-625 City of Pearland, Brazoria County, Texas and A.B. Langermann Survey, A-456
Fort Bend County, Texas.
General Location: County Road 58 west of Augusta Manor Drive to
proposed Hawthorne Village Drive.
ITEM II C WAS REMOVED FROM THE CONSENT AGENDA TO BE PLACED
UNDER NEW BUSINESS FOR DISCUSSION
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 19-00011. Commissioner Cade made a
motion to approve, Commissioner Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION —VARIANCE TO CREATE FLAG LOT
VARP 19-00011
A request by Victoria Billings of ALJ Lindsey, the applicant on behalf of Kirby
Pearland, LLC 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 described to wit:
Legal Description: Being a portion of a call 19.598 acre tract of land
recorded in the name of Lonza America, Inc. under H.C.C.F. No. RP -2017-569878
and a Portion of Lot 1, in Block 1 of Amerlux Kirby Minor Plat, a
Subdivision recorded in F.C. No. 669142 of the Harris County Map Records
located in the James Hamilton Survey, A876, Harris County Texas
P&Z Regular Meeting Minutes
June 17, 2019
Page 2 of 6
General Location: North side of Fruge Road east of Kirby Drive.
Planner Hustead gave a presentation with exhibits and informed that 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 a flag lot for the following reasons:
1. The flag lot will allow additional access to an existing use.
2. The flag lot will allow the platting of a property that is consistent with the LNR Clear
Creek Spectrum PUD.
Commissioner Ward informed that she has conducted business with ALJ in the past but
not on this project.
No public input
Motion passed 6-0
Chairperson Tunstall read into the record the items for Consideration and Possible
Action — Zone Change Application Number Zone 19-00001. Commissioner Starr made
a motion to approve, Commissioner Cade seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION
NUMBER ZONE 19-00001
A request of Justin Barnett, R. West Development Co, Inc., applicant, on behalf of
Triangle 31 LLC, owner, for approval of a zoning change from Single-family
Residential -4 (R-4) and Light Industrial (M-1) to Planned Development (PD); on
approximately 62.46 acres of land.
Legal Description: Being a 62.46 acres tract of land located in the H.T. & B RR
Company Survey, Abstract No. 551, Brazoria County, Texas, said 62.46 acre tract also
being out of a called 38.57 acre tract conveyed to Forgotten Angels Inc. as per an
instrument recorded under Brazoria County Clerk's File No. 05-002608 of the Official
Records of Brazoria County, Texas and a called 31.628 acre tract as per an instrument
recorded in Volume 92-1024, Page 275 of the Official Records of Brazoria County,
Texas.
General Location: 3900 Block of Pearland Parkway, Pearland, Texas.
Previously heard at the Joint Public Hearing, Planning Manager Griggs reiterated to the
P7Z Commission that Staff cannot recommend approval of this change in zone request
for establishment of a new planned development. Staff finds that the details provided
will not ensure adequate public safety and continued health. Mr. Griggs was in favor of
a senior facility but not at this site.
P&Z Regular Meeting Minutes
June 17, 2019
Page 3 of 6
Chairperson Tunstall and Commissioner Cade discussed the issues of building on or
near the pipeline. Commissioner Pradia comments the rewards outweigh the risks.
Commissioner Wade asked what the distance requirements were for constructing on
the pipeline easement, Mr. Griggs informed it was 50 feet.
No public input
The motion passed 4-2, Chairperson Tunstall and Vice — Chairperson Duncan were
opposed.
Chairperson Tunstall read into the record the items for Consideration and Possible
Action — Zone Change Application Number Zone 19-00012. Commissioner Cade made
a motion to approve, Commissioner Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION
NUMBER ZONE 19-00012
A request by Kevin Cole, applicant, on behalf of Great Barrier, LLC (Series D), owner,
for approval of a zoning change from General Commercial District (GC) to Planned
Development District (PD), on approximately 0.439 acres of land; to wit:
Legal Description:
Tract (1): Being a tract containing 0.146 acre situated in the H.T. & B.R.R. Survey,
Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called
0.2152 acre tract conveyed to the City of Pearland as described by deed recorded in
Brazoria County Clerk's File No. 2007037608; being out of and a part of Lots 5 and 6,
Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas.
Tract (2): Being a tract containing 0.097 acre situated in the H.T. & B.R.R. Survey,
Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called
0.1435 acre tract conveyed to the City of Pearland as described by deed recorded in
Brazoria County Clerk's File No. 2008057966; being out of and a part of Lot 9, Airport
Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas.
Tract (3): Being the residue of Lots 7 and 8 of Airport Sites Subdivision No. 2, an
unrecorded subdivision in Brazoria County, out of Tract 6B of the Subdivision of
Section No. 11, situated in the H.T. & B.R.R. Survey, Abstract No. 239, Brazoria
County, Texas, described in Deed to Elias Garcia, Jr. and Eufemia Garcia recorded in
Vol. 797, Page 386 of the Deed Records of Brazoria County, Texas, Less, Save and
Except a previously conveyed 0.0689 acre tract recorded by Deed in File No.
2013033107 of the Official Records of Brazoria County, Texas.
General Location: 3718, 3804 & 3808 E. Walnut Street, Pearland, Texas.
P&Z Regular Meeting Minutes
June 17, 2019
Page 4 of 6
Previously heard at the Joint Public Hearing, Staff and the P&Z Commission had no
further comments.
The motion passed 6-0
Chairperson Tunstall read into the record the items for Consideration and Possible
Action — Zone Change Application Number Zone 19-00013. Commissioner Cade made
a motion to approve, Commissioner Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION
NUMBER ZONE 19-00013
A request by Chad Thumann, Sideline Investments, LLC., applicant, on behalf of THV
Properties, LLC, owner, for approval of a zoning change from Single-family Estate
District (R -E) to Single-family Residential -4 District (R-4), on approximately 79.1925
acres of land; to wit:
Legal Description: Being all of a tract or parcel of land containing 79.1925 acres of
land, part of so called West % of the Northeast' of Section 32, also being known as
Lot 3-A, situated in the H.T. & B.R.R. Company Survey, Abstract No. 525, Brazoria
County, Texas.
General Location: 6700 Block of McKeever Road (CR 100), Pearland, Texas.
Previously heard at the Joint Public Hearing, Mr. Griggs reminded the P&Z Commission
that Staff did not recommend approval of the zone change.
A discussion ensued in regards to the R4 zone change and what options can be
presented to the applicant.
The Chair made a motion to postpone for two weeks, Commissioner Starr seconded the
motion. The motion to postpone passed 4-2. Chairperson Tunstall and Vice —
Chairperson Duncan were opposed.
Chairperson Tunstall read into the record the items for Consideration and Possible
Action — Preliminary Plat of Stewart Heights at Savannah Section 14 Plat 19-00037.
Commissioner Cade made a motion to approve, Commissioner Starr seconded the
motion.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF STEWART
HEIGHTS AT SAVANNAH SECTION 14 PLAT 19-00037
A request of Jennifer Curtis, of META Planning and Design, the applicant; on
P&Z Regular Meeting Minutes
June 17, 2019
Page 5 of 6
behalf of Savannah Development, LTD., owner; for approval of the
Preliminary Plat of Stewart Heights at Savannah Section 14 creating 55
single family lots, and 6 reserves on ±16.5746 acres of land located north of
County Road 58, west of Augusta Manor Drive, described to wit:
Legal Description: Being ± 16.5746 acres of land containing 55 lots (50' x
120') and 6 reserve (3.84 ac) in three blocks out of the A.B. Langermann
Survey, A-456 Fort Bend County, Texas
General Location: North side of County Road 58 west of August Manor Drive.
Planner Hustead presented the staff repost and informed that the applicant wished to
postpone the item until the July 01, 2019 P&Z meeting for the purpose to add the extra
reserve.
Vice — Chairperson Duncan made a motion to postpone to the July 01, 2019 P&Z
meeting, Chairperson Tunstall seconded the motion. The motion to postponed passed
6-0
DISCUSSION ITEMS
1. Discussion of proposed UDC amendments — DISCUSSION OF AMENDING THE
UDC FOR BUSINESSES OF PAYDAY LOANS, TITLE LOANS, CASH ADVANCE,
VAPING AND TOBACCO AND LED LIGHTS ENSUED.
2. Commissioners Activity Report — NONE
3. Next P&Z Regular Meeting — July 1, 2019
ADJOURNMENT
P&Z Chairperson Tunstall adjourned the P&Z Regular meeting at 10:49 p.m.
These minutes were respectfully submitted by;,
ACa Gonz• s, Offfl'ssistant
Minutes approved as submitted and/or correcte
7th day of June
ilA �1 i
19, A.D.
Daniel Tunstall, P & Z Chairperson
P&Z Regular Meeting Minutes
June 17, 2019
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