2012-09-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD SEPTEMBER 17, 2012,
AT 6:30 P.M., 2nd FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
P&Z Chairperson Henry Fuertes called the meeting to order at 8:08 p.m. with the
following present:
P&Z Chairperson Henry Fuertes
P&Z Vice-Chairperson Linda Cowles
P&Z Commissioner Neil West
P&Z Commissioner Matthew Hanks
P&Z Commissioner Mary Starr
P&Z Commissioner Daniel Tunstall
Also in attendance were: City Planner Harold Ellis, Planner I Lauren Stanley, Deputy
City Attorney Nghiem Doan, Assistant City Engineer Richard Mancilla, and Office
Coordinator Judy Brown. Director of Community Development Lata Krishnarao and
Assistant City Manager Mike Hodge arrived at 9:15 p.m
APPROVAL OF MINUTES
P&Z Commissioner Daniel Tunstall made the motion to approve the minutes of the P&Z
Regular Meeting of August 20, 2012, and P&Z Commissioner Mary Starr seconded.
The vote was 6-0. The minutes of the P&Z Regular Meeting of August 20, 2012 were
approved.
EXCUSE ABSENCE
P&Z Commissioner Mary Starr made the motion, and P&Z Vice-Chairperson Linda
Cowles seconded to approve the excused absence of P&Z Chairperson Henry Fuertes
and P&Z Commissioner Matthew Hanks at the P&Z Regular Meeting of August 20,
2012.
The vote was 6-0. The absence of P&Z Chairperson Henry Fuertes and P&Z
Commissioner Matthew Hanks from the P&Z Regular Meeting of August 20, 2012 was
approved as excused.
NEW BUSINESS
P&Z Regular Meeting
September 17, 2012
Page 1 of 8
ZONE CHANGE APPLICATION NO. 2012-08Z
A request of Alan Mueller, applicant, on behalf of S. E. Cemeteries of Texas, Inc.,
owner, for approval of a zone change from the General Commercial (GC) and Single
Family Residential-1 (R-1) zone to the Single Family Residential-2 (R-2) zone for 67.4
acres on the following described property, to wit:
Legal Description: Being 67.4 acres of land located in the H.T. & B. R.R. Co. Survey,
Abstract 233, Brazoria County, Texas, more particularly being a portion of Lots 62, 63,
68, 69, and 94 of the W. Zychlinski Subdivision of record in Volume 29, Page 43 of the
Deed Records of Brazoria County Texas (B.C.D.R.)
General Location: East and West sides of Old Alvin Road, north of McHard
P&Z Vice-Chairperson Linda Cowles made the motion to approve, and P&Z
Commissioner Neil West seconded.
City Planner Harold Ellis read the staff report.
There was some discussion with regards to the city owned property and its zoning.
Commissioner Daniel Tunstall stated he would like for this to be zoned R-1 because of
the 7,000 s.f. lots. City Planner Harold Ellis stated that under a Cluster Development
Plan, the lots could vary.
Applicant Alan Mueller stated the Cluster Plan was the best use because of the odd size
of the area. The subdivision will be similar to the Preserve at Highland Glen. He also
stated that these size lots are market driven.
Commissioner Neil West commented that the need is to move up and not out. The R-2
zone might be best.
Commissioner Mary Starr stated that the need from people right now is for smaller lots
with a clustered green space.
Chairperson Henry Fuertes stated this was a challenged parcel of property and that he
was glad the City of Pearland had a Cluster Plan available.
Commissioner Matthew Hanks stated the issue was with the R-2 and not a Cluster Plan,
until they bring in a Cluster Plan.
Discussion ensued.
Chairperson Henry Fuertes called for the vote.
The vote was 6-0. Zone Change Application No. 2012-08Z was approved.
P&Z Regular Meeting
September 17, 2012
Page 2 of 8
ZONE CHANGE APPLICATION NO. 2012-09Z
A request of Chris Lesak, applicant, on behalf of Vivien Naeve, owner, for approval of a
zone change from the Neighborhood Service (NS) zone to the Single Family
Residential-1 (R-1) zone for 18.26 acres on the following described property, to wit:
Legal Description: All of that certain 18.26 acres of land out of the 18.284 acre tract
described in the deed from Dan Michael Worrall, Et. Ux. To Vivien Naeve recorded
under document No. 2004 018266, In the Official Records of Brazoria County, Texas
General Location: East of the northeast corner of Pearland Pkwy and John Lizer Road
Commissioner Daniel Tunstall made the motion to approve, and Commissioner Matthew
Hanks seconded.
City Planner Harold Ellis read the staff report.
Commissioner Matthew Hanks asked for a letter explaining the impact of the General
Business (GB) zone along Pearland Parkway.
Chairperson Henry Fuertes stated he had a concern for the owners of the GB zoned
property along Pearland Parkway.
Commissioner Matthew Hanks asked what is the process of a Planned Development
(PD), and could the owner of the GB property do a PD?
Commissioner Daniel Tunstall stated there is a developer now and sees no reason to
stand in their way.
Commissioner Neil West inquired about the property being Wetlands. Applicant Chris
Lesak stated there were no wetlands, but there is a floodway and this was being
addressed.
Chairperson Henry Fuertes called for the vote.
The vote was 6-0. Zone Change Application No. 2012-09Z was approved.
CONSIDERATION & POSSIBLE ACTION — REPLAT OF CROSSPOINT CHURCH
A request by Aaron Bourgeois of Lentz Engineering, L.C., applicant, on behalf of
Crosspoint Fellowship, owner, for approval of a Replat Plat of Crosspoint Church
generally located at the 1100 Block of Old Alvin Road south of Hickory Slough on the
following described property, to wit
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September 17, 2012
Page 3 of 8
Being 32.0019 acres of land being a partial replat of R.B. Lyle Survey Lots 72, 73, and
77, Block 1 Zychlinski Subdivision as recorded in Volume 23, Page 49 Brazoria County
Deed Records. Also being a replat of Final Plat Crosspoint Fellowship Church as
recorded in Volume 22, Pages 53-54, Brazoria County Deed Record located in the R.B.
Lyle Survey, Abstract No. 542 and the H.T. & B.R. Co. Survey Abstract No. 233 City of
Pearland Brazoria County, Texas.
City Planner Harold Ellis read the report stating staff recommends approval with
conditions being 1). Need No Objection Letters from Utility Companies, and 2). Signed
mylars.
Vice-Chairperson Linda Cowles amended her original motion to include staffs
comments, and Commissioner Neil West seconded.
Chairperson Henry Fuertes called for the vote.
The vote was 6-0. The Replat of Crosspoint Church was approved.
CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF SAVANNAH
MEADOWS SECTION TEN
A request by Christy Smidt of Kerry Gilbert & Associates, applicant, on behalf of
Savannah Development LTD., owner, for approval of a Preliminary Plat of Savannah
Meadows Section Ten, generally located at the Southeast corner of Post Road (CR 58)
and Linden Creek Lane, proposing a 26 single-family residential subdivision on the
following described property, to wit
Being 10.2 acres of land located in the A.C.H.& B. Survey, Abstract 403 and J.S.
Tamage Survey, Abstract 562, Brazoria County Texas, more particularly being a portion
of the residue of a called 161.450 acre tract (described as Tract 5) conveyed to
Savannah Development, LTD., by an instrument of record File #00-037203, Official
Records of said Brazoria County, Texas (B.C.O.R.) also being an instrument of record
in File No. 200080225, Official Public Records of Fort Bend County, Texas.
Commissioner Mary Starr made the motion to approve, and P&Z Commissioner Neil
West seconded.
City Planner Harold Ellis read the staff report stating the plat was incomplete as the 1%
Inspection Fee was due.
Much discussion ensued with regards to this being a condition of the Final Plat and not
the Preliminary Plat.
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September 17, 2012
Page 4 of 8
Commissioner Matthew Hanks asked if this could be a condition of approval with staffs'
comments, or could it be tabled or withdrawn. City Planner Harold Ellis stated the
applicant could either withdraw it or the Commission could approve or deny the plat.
4110.
Applicant Christy Smidt with Kerry Gilbert and Associates stated that LJA Engineering
knew about this condition; however, this condition was not shared with them, and that
tonight was the first they heard about the 1(Y0 Inspection Fees being a concern.
Assistant City Manager Richard Mancilla stated it has always been agreed that
Savannah would pay these fees.
Commissioner Mary Starr stated that if the plat meets the requirements for approval,
then the Commission should approve or deny it. She stated she does not agree that the
issue of the 1% Construction fee be a condition of the Preliminary Plat.
Discussion ensued further.
Chairperson Henry Fuertes called for the vote.
The vote was 5-1. Commissioner Daniel Tunstall voted in opposition.
CONSIDERATION & POSSIBLE ACTION — REQUEST FOR A WAIVER OF
DECISION FOR FINAL PLAT OF SAVANNAH MEADOWS SECTION NINE
A request by LJA Engineering, INC., applicant, on behalf of Savannah Development,
LTD, owner for approval of a Waiver of Decision on the Final Plat of Savannah
Meadows Section 9, to allow time to resolve inspection fees with the city. The site is
located between Post Rd. (CR 58) and Savannah Bend Dr. and is approximately 6.073
acres on the following described property, to wit
Being 6.073 acres of land located in the J.S. Tamage Survey, Abstract 562, Brazoria
County Texas, more particularly being a portion of the residue of a called 161.450 acre
tract (described as Tract 5) conveyed to Savannah Development, LTD., by an
instrument of record File #00-037203, Official Records of said Brazoria County, Texas
(B.C.O.R.) also being an instrument of record in File No. 200080225, Official Public
Records of Fort Bend County, Texas.
Vice-Chairperson Linda Cowles made the motion to approve, and Commissioner Mary
Starr seconded.
There was no discussion.
The vote was 6-0. The request for a Waiver of Decision for Final Plat of
Savannah Meadows Section Nine was approved.
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September 17, 2012
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CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SAVANNAH
MEADOWS SECTION NINE
A request by LJA Engineering, INC., applicant, on behalf of Savannah Development,
LTD, owner for approval of the Final Plat of Savannah Meadows Section 9, located
between Post Rd. (CR 58) and Savannah Bend Dr. encompassing approximately 6.073
acres on the following described property, to wit
Being 6.073 acres of land located in the J.S. Tamage Survey, Abstract 562, Brazoria
County Texas, more particularly being a portion of the residue of a called 161 .450 acre
tract (described as Tract 5) conveyed to Savannah Development, LTD., by an
instrument of record File #00-037203, Official Records of said Brazoria County, Texas
(B.C.O.R.) also being an instrument of record in File No. 200080225, Official Public
Records of Fort Bend County, Texas.
No action was needed, as the Waiver of Decision was approved.
CONSIDERATION & POSSIBLE ACTION — REQUEST FOR A WAIVER OF
DECISION FOR FINAL PLAT OF SOUTHERN TRAILS SECTION TWELVE
A request by Kerry R. Gilbert and Associates, applicant, on behalf of C.L. Ashton
Woods, LP, owner for approval of a Waiver of Decision for Final Plat of Southern Trails
Section Twelve, generally located 1600 feet south from the southeast corner the
intersection of Southern Trails Drive and Kingsley Drive for approximately 16.8 acres,
on the following described property, to wit
Legal Description: All that certain 16.8 acres of land, out of the 522.62 acre tract
described in the deed from Ashton Southern Trails Joint Venture to CL Ashton Woods,
LP., recorded under Doc. #2005016204, in the Official Records of Brazoria County,
Texas, in the H.T. & B.R.R. Company Survey, Sec. 80, A-564, Brazoria County.
Vice-Chairperson Linda Cowles made the motion to approve, and Commissioner Neil
West seconded.
There was no discussion.
The vote was 6-0. The request for a Waiver of Decision for Final Plat of Southern Trails
Section Twelve was approved.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SOUTHERN TRAILS
SECTION TWELVE
A request by Kerry R. Gilbert and Associates, applicant, on behalf of C.L. Ashton
Woods, LP, owner for approval of the Final Plat for Southern Trails Section Twelve,
generally located 1600 feet south from the southeast corner the intersection of Southern
Trails Drive and Kingsley Drive for approximately 16.8 acres, on the following described
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September 17, 2012
Page 6 of 8
property, to wit
Legal Description: All that certain 16.8 acres of land, out of the 522.62 acre tract
described in the deed from Ashton Southern Trails Joint Venture to CL Ashton Woods,
LP., recorded under Doc. #2005016204, in the Official Records of Brazoria County,
Texas, in the H.T. & B.R.R. Company Survey, Sec. 80, A-564, Brazoria County.
No action was needed, as the Waiver of Decision was approved.
CONSIDERATION & POSSIBLE ACTION - Proposed Comprehensive Plan
Amendment - Grand Avenue Plan
No action was taken.
CONSIDERATION & POSSIBLE ACTION - Proposed Comprehensive Plan
Amendment — Lower Kirby Urban Center
No action was taken.
DISCUSSION ITEMS
Commissioners Activity Report — Commissioner Mary Starr stated she attended the
Greater Houston Area Builders conference and spoke with someone with regards to
Pearlands need for a Park and Ride, and the Metro Rail extending down to Pearland.
City Planner Harold Ellis addressed the P&Z Strategic Plan — discussing the goals and
created teams. The following were set up:
1. Develop Strategic Brownfield Development (Opportunities) — Henry Fuertes and
Mary Starr
2. Develop a plan to address (a) Transportation, (b) Mass Transit, and (c)
Connectivity (pedestrian access/mobility— Linda Cowles, Daniel Tunstall,
Matthew Hanks, and as alternate — Neil West
3. Update Comprehensive Plan — Henry Fuertes, Linda Cowles and Mary Starr
4. Develop a Strategy for Cell Towers in the City— Neil West and Daniel Tunstall
Staff and Commissioner Ginger McFadden will be added to the team.
City Planner Harold Ellis announced that the Planning Department and P&Z
Commission received the 2012 Texas APA Planning Excellence Award. This is the
sixth time to receive this award
Next P&Z Regular Meeting will be October 1, 2012
ADJOURNMENT
P&Z Vice-Chairperson Linda Cowles adjourned the P&Z Regular Meeting at 9:40 p.m.
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September 17, 2012
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These minutes are respectfully submitted by:
Judy Brown, Planning Office Coordinator
Minutes approved as submitted and/or corrected on this 17th day of September 2012,A.D.
I. Linda Cowles, P&Z Vice-Chairpe
P&Z Regular Meeting
September 17, 2012
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