2019-03-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, MARCH 18, 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
8:31 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 Derrell Isenberg
P&Z Commissioner Layni Cade
Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin
Griggs, Planner Vince Hustead, Assistant Director of Engineering Raj Shrestha, Assistant
City Engineer Ryan McKinnis and Office Assistant Alma Gonzales.
CALL TO ORDER REGULAR P&Z MEETING
Chairperson Daniel Tunstall read into the record the items on the consent agenda.
Commissioner Starr made a motion to approve, Commissioner Isenberg seconded the
motion. The motion passed 6-0.
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 Layni Cade and Thomas
Duncan from the March 4, 2019 P&Z Regular Meeting.
2. Approve the P&Z Regular Meeting minutes from January 28, 2019, February
P&Z Regular Meeting Minutes
March 18, 2019
Page 1 of 7
18, 2019 and March 4, 2019
B. CONSIDERATION AND POSSIBLE ACTION —FINAL PLAT FOR RICE DRIER
COMMERCE PARK PLAT19-00019
1. A request of David White, of Tetra Surveys, the applicant; on behalf of
Presidio Equities, LLC, owner; for approval of the Final Plat of Rice Drier
Commerce Park creating 3 lots and 1 detention reserve on 22.9278 acres of
land located south of Rice Drier Road and west of Main Street described to
wit:
Legal Description: A Subdivision of 22.9278 acres of land located in the City
of Pearland in the H.T. &B. RR Company Survey, Abstract No. 232, Being
a Replat of a portion of Lots 28, 33, and 39 of the W. Zychlinski's Subdivision, a
subdivision in Brazoria County according to the map or plat thereof recorded
in Volume 29, Page 41 of the Deed Records of Brazoria County, Texas.
General Location: south of Rice Drier Road and west of Main Street
NEW BUSINESS
Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — Approval of an Irregular Shaped Lot to Allow Replatting of a Property.
VARP 19-00003. Commissioner Starr made a motion to approve, Commissioner Cade
seconded the motion.
CONSIDERATION AND POSSIBLE ACTION —APPROVAL OF AN IRREGULAR
SHAPED LOT TO ALLOW REPLATTING OF A PROPERTY. VARP 19-00003
A request by Donna Eckels, of Pro-Surv, applicant, on behalf of Matthew and
Shelby McRay; 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 an irregularly shaped lot described to wit:
Legal Description: A 1.4247 acre tract of Lots 7, 9, 10, 11 and a Portion of
Lot 6 in Block 2, Sleepy Hollow Estates, a subdivision in Brazoria County,
Texas according to the map or plat thereof, recorded on Volume 10, Page 13
of the Plat Records of Brazoria County, Texas.
General Location: 2604 Rip Van Winkle Drive
P&Z Regular Meeting Minutes
March 18, 2019
Page 2 of 7
Planner Vince Hustead presented the Staff Report with exhibits and informed that Staff
recommended approval with conditions for the following reason:
Staff recommends approval of the requested variance regarding the creation of two
irregularly shaped lots and a flag lot regulated by Section 3.2.14.2 (c), permitted by
Section 2.6.1.1 (b) (1), which requires approval by the Planning and Zoning
Commission for the creation of irregularly shaped lots with the following condition:
1. That a note be added to the plat prohibiting a driveway access to Sleepy Hollow Drive
to conform to Section 3.2.6.4 (e) of the Unified Development Code.
Citizen Colleen Sullivan, 2609 Rip Van Winkle Pearland TX 77581, had concerns with
future flooding if homes were allowed to be built on the property.
Commissioner Isenberg asked if the subdivision had an active HOA, Mr. Hustead was
not aware of one. Commissioner Cade would be opposed to request because she
would need to have more information on the structures. Mr. Hustead gave a brief
explanation on the property lines and creation of two lots. Planning Manager Martin
Griggs explained the minimum side yard setback. Chairperson Tunstall had a question
on city home buyouts. Assistant Director of Engineering Raj Shrestha informed of those
buyouts. Mr. Tunstall asked Staff if said property would be included in future city
buyouts, Mr. Shrestha informed he was not aware but could look in to it. Discussion
ensued by the Commissioners regarding the approval of the request and future flooding.
Mr. Hustead explained the approval or no approval of the variance would affect the
replat of the property. Vice — Chair Duncan commented on the drainage standards.
Applicant Donna Eckels with ProSury Survey, 211 Royal Dr., Friendswood TX 77546,
gave a brief presentation and was available for questions or comments.
Chairperson Tunstall made a motion to amend the original motion to add Staff
recommended condition, Vice — Chairperson Duncan seconded the motion.
The amended motion passed 6-0. Motion passed 4-2, Chair Tunstall and Commissioner
Cade were opposed.
Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — Replat Sleepy Hollow Estates Partial Replat No. 1 PLAT 19-00021.
Vice — Chair Duncan made a motion to approve, Commissioner Wicker seconded the
motion.
CONSIDERATION AND POSSIBLE ACTION — REPLAT SLEEPY HOLLOW
P&Z Regular Meeting Minutes
March 18, 2019
Page 3 of 7
ESTATES PARTIAL REPLAT NO. 1 PLAT 19-00021
A request of Donna Eckels, of Pro-Surv, the applicant; on behalf of Matthew and
Shelby McRay, owners; for approval of the Replatof Sleepy Hollow Estates Partial
Replat No. 1, creating 2 lots on1.4247 acres of land located at 2604 Rip Van Winkle
Drive, described to wit:
Legal Description: A 1.4247 acre tract of Lots 7, 9, 10, 11 and a Portion of Lot 6 in
Block 2, Sleepy Hollow Estates, a subdivision in Brazoria County, Texas according to
the map or plat thereof, recorded on Volume 10, Page 13 of the Plat Records of
Brazoria County, Texas.
Location:2604 Rip Van Winkle Drive
Planner Vince Hustead presented the Staff Report with exhibits and informed that Staff
recommended approval with conditions for the following reason:
Staff recommends approval of the Replat of Sleepy Hollow Estates Partial Replat No. 1
with the following condition:
1. That a note be added to the plat prohibiting a driveway access to Sleepy Hollow Drive
to conform to Section 3.2.6.4 (e) of the Unified Development Code.
A discussion ensued by the Commission and Deputy City Attorney Lawrence Provins in
regards to approving and adding the variance conditions to the plat.
Chairperson Tunstall made a motion to amend the original motion to add Staffs
recommended conditions, Commissioner Starr seconded the motion.
The amended motion passed 6-0. The motion passed 6-0.
Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — Variance from Minimum Lot Width and 3:1 Depth to Width Ratio to
Allow the Creation of Three Lots. VARP 19-00001. Commissioner Cade made a motion
to approve, Commissioner Starr seconded the motion.
CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM MINIMUM LOT.
WIDTH AND 3:1 DEPTH TO WIDTH RATIO TO ALLOW THE CREATION OF
THREE LOTS. VARP 19-00001
A request by Cathy Fontenot, of Survey One, applicant; on behalf of ExPre Realty,
LTD, Owner; for approval of Variances Permitted in Section 2.2.5.2 (4) to reduce the
minimum lot width from 50 feet to 27.5 feet and a variance from the 3:1 depth to width
ratio to allow the creation of three lots within the Old Town Residential (OT -R) zoning
district described to wit:
P&Z Regular Meeting Minutes
March 18, 2019
Page 4 of 7
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 the county clerk's file No. 2015048294 of the official records
of Brazoria County, Texas City of Pearland, Brazoria County, Texas.
General Location: East side of S Texas Ave about 125 feet south of Pear Street.
Planner Vince Hustead presented the Staff Report with exhibits and informed that Staff
recommended approval for the following reason:
1. The subject property is currently zoned OT -R and is consistent with the Village
District category of the Future Land Use Plan Map.
2. The proposed lots exceed the minimum lot area requirements of the OT -R zoning
district of 3,000 square feet.
3. The proposed lots exceed the minimum lot depth requirements of the OT -R zoning
district of 90 feet.
4. The proposed lots promote the intent to the Old Town Residential District of providing
land for multiple types of residential development.
5. The proposed lots promote the intent to the Village District future land use category in
the Old Pearland Town site by providing land for residential development in an area
characterized by the historical
existence of smaller lots.
The motion passed 6-0
Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — Zone Change Application Number Zone 19-00002. Commissioner
Starr made a motion to approve, Vice — Chair Duncan seconded the motion.
CONSIDERARTION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION
NUMBER ZONE 19-00002
A request by Steve Hextell, BROP, LLC, applicant, on behalf of Pei Nan Tsou,
representing Beltway 23 LTD, owner, for approval of an amendment to the Kingsley &
Broadway Planned Development District; on approximately 9.20 acres of land.
Legal Description: Lot C, Block 1 of the Kingsley Retail Addition, an addition in the City
of Pearland, Brazoria County, Texas, according to the plat recorded in File No.
2018048675 in the Plat Records of Brazoria County, Texas.
General Location: 3100 Block of Kingsley Drive, Pearland, Texas.
Planning Manager Mr. Griggs presented the Staff Report with exhibits and informed that
one comment form was received in opposition of the request due to lighting concerns.
Staff recommended approval for the following reason:
P&Z Regular Meeting Minutes
March 18, 2019
Page 5 of 7
1. The proposed PD amendment mitigates compatibility issues with the surrounding
development, especially the single-family residential along the east and south property
lines by incorporating a twenty-five (25') landscape buffer with vegetative screening;
2. The proposed uses and the configuration of uses depicted in the Design Plan are
compatible with existing and adjoining uses;
3. The proposed development is consistent with adopted public facilities plans, including
those related to water, wastewater, transportation and drainage.
A discussion ensued in regards to the land use, impact of the use, site plan and
deviations of the amendment by the Commissioners, Mr. Griggs and Mr. Provins.
The motion passed 6-0
Chairperson Daniel Tunstall read into the record the items for Consideration and
Possible Action — Zone 19-00003 Rice Drier Commerce Business Park PD Amendment.
Commissioner Wicker made a motion to approve, Commissioner Cade seconded the
motion.
CONSIDERATION AND POSSIBLE ACTION - ZONE 19-00003 RICE DRIER
COMMERCE BUSINESS PARK PD AMENDMENT
A request by Presidio Equities, LLC applicant and owner, for approval of an amendment
to the Rice Drier Commerce Park Planned Development District regulations regarding
the minimum building size, on approximately 22.86 acres of land, to wit:
Legal Description: Being a 22.86 acre tract of land out of a portion of Lots 28, 33, and
39 of W. Zychlinski's Subdivision, recorded in Volume 29, Page 41, of the Brazoria
County Deed Records, located in the H.T. & B. R.R. Co. Survey, Abstracts 232 and
542, Brazoria County, Texas.
General Location: Southwest Corner of North Main Street and Rice Drier Road,
Pearland, Texas.
No further discussion from Staff and Commission
The Motion passed 6-0
DISCUSSION ITEMS
1. Commissioners Activity Report — NONE
2. Next P&Z Regular Meeting —April 1, 2019
P&Z Regular Meeting Minutes
March 18, 2019
Page 6 of 7
ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 9:16 p.m.
These minutes were respectfully submitted by:
Minutes approved as submitted and/or corrected on this 15th day of April 2019, A.D.
Daniel Tunstall, P & Z Chairperson
P&Z Regular Meeting Minutes
March 18, 2019
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