2016-06-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEAREAND, TEXAS, MONDAY, JUNE 20, 2016, AT
6:30 P.M., HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEAREAND, TEXAS
CALL TO ORDER
P&Z Chairperson Daniel Turistall opened the meeting for the P&Z Regular Meeting at 8:27
p.m.
In attendance; were:
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson 1 homas Duncan
P&Z Commissioner Derrell Isenberg
P&Z Cummissiuner Truy Pradia
P&Z Commissioner Mary Starr
Also present were Deputy City Attorney Lawrence Provins, Community Development
Director Lata Krishnarao, City Planner Frankie Legaux, Senior Planner Martin Griggs,
Associate Planner Vince Hustead, Assistant City Engineer Richard Manuilla and Office
Supervisor Judy Brown
CONSENT AGENDA
P&Z Cur r rmissiuirer Truy Pradia made the r r rutiur r to approve Items A-E, and G -R on the
consent agenda, and vice Chairperson 1 homas Duncan seconded the motion.
1 he vote was b -U. Consent Agenda items A-E, and
A. CONSIDERATION & POSSIBLE ACTION — EXCUSED ABSENCE
Excuse the absence of P&Z Commissioner David Selsky from the May 16, 2016
P&Z Regular Meeting.
B. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF
BAKER'S LANDING SECTION 2A
A request ot Jason Price, CJA Engineering, the applicant; oil behalt ut D.R. Horton,
Texas, Ltd, owner: for approval of the Preliminary Plat of Bakers Landing Section
2A, creating 50 single family lots and 4 reserves un 10.800 acres of land.
General Location: East side of Galveston Avenue between Hampshire Street and
tuture Raman Cane.
C. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF
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P&Z Regular Meeting
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BAKER'S LANDING TOWNHOMES
A request ut Jason Price, LJA Engineering, the applivant; un behalf uf D.R. Hurtun,
I exas, Ltd, owner; tor approval ot the Preliminary Plat ot Bakers Landing
Tuwnhorrres, creating 48 tuwnhurr►e lots and 6 reserves on 7.576 acres of land.
General Location: West side of Galveston Avenue between Hampshire Street and
future Kaman Lane.
D. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF
RIVERSTONE RANCH SECTION 7
A request ut Jennifer Curtis ut BGE / Kerry R. Gilbert & Assuuiates, on behalf of
Shannon Wiespape ot Meritage Homes, owner: to approve the Preliminary ot
Riverstune Ranuh Section 7 ureatiny 48 single family lots and 5 reserves.
General Location: South of Hughes Ranch Road and north of Clear Creek.
E. CONSIDERA I ION AND PossIBEE ACTION — PRELIMINARY PEAT OF
SHADOW CREEK RANCH SCHOOL SITE NO. 5
A request of Jason Price, LJA Engineering, the applicant; on behalf of Alvin
Independent Suhuul Dist, iut, owner; for appruval ut the Preliminary Plat ut Shadow
CreeR Kanch School Site No. b creating 1 lot on 30.192 acres ot land.
General Location: Northwest quadrant ot Broadway Street and Kingsley Drive.
G. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF
SHADOW GROvE SEC I ION 5
A request ot Jenniter Curtis, BGE / Kerry R. Gilbert & Associates, the applicant; on
behalf of Thomas Sikora, KB Home, owner; for approval of the Preliminary Plat of
Shadow Grove Seutlun Five, ureatirry 18 single tan lily lots, un 4.4 aures ut land.
General Luuatiun: the end uf Vintage View Lane west of Shadow Oaks Lane.
H. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF STEWART
HEIGHTS SECTION 2
A request uf Rene Rodriguez, LJA Engineering, the applivant; on behalf of Ethan
Springer ot Savannahs Development Limited, owner; tor approval of the Final Plat ot
Stewarfl Heights Section 2 creating 44 single family lots, and 1 reserve on 11.974
acres ot land.
General Location: Southwest corner ot tuture Savannah ParRway and Laurel
Heiyhts Drive.
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P&Z Regular Meeting
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III. MATTERS REMOVED FROM CONSENT AGENDA
F. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF
SHADOW GROVE SECTION 4
A request ut Jenniter Curtis, BGE / Kerry R. Gilbert & Assuuiates, the applicant: on
behalf of 1 Nomas Sikora, Kb Home, owner: for approval of the Preliminary Plat of
Shadow Grove Section Four, creatiry 55single tarnily lots and 1 reserve un 13.2
acres ot land.
General Cuuatiun: The end ot Bailey Springs Cane west of Windward Bay Drive.
P&Z Chairperson Daniel Tunstall stated fur the reuurd that the applicant requested
to withdraw the plat.
P&Z Curiimissioner Mary Starr made the motion to postpone the plat tor a decision
to the July lb, 2u1 b P&Z Regular Meeting, and P&Z Vice Chairperson Thomas
Duncan seuunded the motion.
The vote was 5-0. The Preliminary Plat of Shaduw Grove Section 4 was
postponed to July 18, 2016.
IV. NEW BUSINESS
A. CONSIDERA I ION AND POSSIBLE ACI ION — P&Z VARIANCE NO. VARP M-
00001
A request by Christopher Smith, applicar rt and owner; fur approval of a Variance Permitted
in Section 2.6.1.1 (b) (1), of the Unified Develupment Code, Ordinance Nu. 2000-T, to
allow approval of the creation of a flag lot within the R -E Single Family Estate zoning
district on approximately 4.9391 acres of land, to wit:
Legal Description: Lot 6, Final Plat of Fliukory Place Subdivision, A Subdivision in
Brazoria County, I exas according to the Map or plat thereat recorded in Volume
18, Page 333 of the plat records of Brazoria County, Texas.
General Location: 2313 Bryan Street.
I -'&Z Vice -Chairperson I Nomas Duncan made the motion to approve, and P&Z
Commissioner Mary Starr seconded.
Associate Planner vince Hustead read the staff report stating the applicant was
seeking approval to create a flay lot within the R -E Single Family Estate zone. The
applicant proposes to submit a Minor Plat application tor development ot a single
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P&Z Regular Meeting
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tamily residence that would create twu lots truntiny Bryan Street.
There was flu disuussiun from the Curnririssiun.
The vote was 5-0. P&Z Variance Nu. VARP 16-00001 was approved.
B. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION
NU. ZONE 16-00005
A request ot Beverly Childs, owner/applicant; tor approval ot a change in zuniny
from the Suburban Development (SD) zoning district to the Office & Professional
Luning district; un approximately 4.1919 acres of land.
Legal Description: Being a tract of land containing 4.1919 acres uf land out uf Lot
Forty -One (41), Section 25, H. 1 . & B. R.R .Company Survey, Abstract 245,
Brazoria County, Texas, and being designated on the Block Books of Brazoria
County, Texas of Section 25 arid being a part ut the same land described in Deed
from C. w. Boots, et. ux. to Joe R. Reeder, 6y Deed dated June 22, 1959,
recorded in Volume 744, Page 457, Deed Rewrds, Brazuria County, Texas, Less,
Save and Except a 2U.UU toot strip along the North side reserved in Deed recorded
in Volume 116, Page 581, Deed Records, Brazoria County, Texas, and lying in the
ruad.
General Location: 5134 Bailey Road.
P&Z Commissioner Troy Pradia made the motion to approve, and P&Z
Commissiuner Mary Starr secunded.
There was no discussion from the Commission.
The vote was 5-0. Zone Change Application No. ZONE 16-00005 was approved.
C. CONSIDERATION AND POSSIBLE ACI ION — CONDI I IUNAL USE PERMI I
APPLICATION NO. CUP 16-00004
A request of Beverly Childs, owner/applicant; for approval of a Conditional Use
Permit to allow tor a Child Day Care Center (Business) in the Office & Professional
zoning district; on approximately 4.1 919 acres of land.
Legal Description: Being a tract of land containing 4.1919 acres of land out ot Cot
Forty -One (41), Section 25, H.T. & B. R.R .Cumpany Survey, Abstract 245,
Brazoria County, I exas, and being designated on the Block Buuks ut Brazuria
County, Texas of Section 2b and being a part of the same land described in Deed
trum C. W. Buuts, et. ux. to Jue R. Reeder, by Deed dated June 22, 1959,
recorded in volume 744, Page 457, Deed Records, Brazoria County, I exas, Eess,
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P&Z Regular Meeting
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Save ar rd Except a 20.00 toot strip alony the North side reserved ill Deed recorded
in Volume 110, Page 061, Deed Records, Brazoria County, Texas, and lying in the
road.
General Location: 5134 Bailey Road.
P&Z Commissioner Troy Pradia made the motion to approve, and P&Z
Commissioner Mary Starr sewunded.
Thew was nu discussion from the Commission.
The vote was 5-0. Zone Change Application No. ZONE 16-00005 was approved.
D. c:UNsIDEKA I IUN AND POSSitiCE AC i ION — ZONE UHANciE APPEIUA I IUN
NO. ZONE 16-00004
A request of Chad Thumann, R. West Development, applicant, on behalf of Patrick
Taytuw, owner; tur approval ut change in zuniny frum the Single Family
Residential -1 (R-1) zoning district to a Single Family Residential -3 (R-3) zoning
district; on approximately 16.305 aures of land.
Legal Description: Being a 16.305 acre tract in Section 16 of the H.T. & B. RR
Cu. Survey, Abstract 546, Brazuria County, Texas. Said tract is part of a 15 acre
tract of land described in a deed to Marvin Wayne Smith as recorded under
Brazuria County Clerk's File Nu. 85197 113, and part of a 3.00 aure tract described
in a deed to Marvin Wayne Smith as recorded under Brazoria County Clerk's File
Nu. 85197 105.
General Eocation::i54b & 36173 Harkey Road, Pearland, I X.
Hes,z Commissioner Derrell Isenberg made the motion to approve, and P&Z
Cumrrrissiuner Mary Starr seUunded.
There was much discussion among the Commission, Staff and the applicant Chad
Thurnarrn.
P&Z Commissioner Derrell Isenberg inquired what happens to the existing
warehouse business.
Mr. Chad Thumann replied that the developer wuuld put in a 10 foot landscape
strip on both M-1 sides of the residential area. It the Commercial site decided to
redevelop in the future, thea the business would have to add a 10' foot landscape
area.
Director of Community Development Carta Krishnarau stated that at this time, the
UuC does not currently have any restriction and it can just be a grass landscaped
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P&Z Reyulai Meeting
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strip. Only way to add conditions wuuld be to rezone tu a Planned Development
(PD).
Mr. I humann stated the entire back side of the commercial site has open land and
fence. Developer would probably landscape in order to sale the homes.
Deputy City Attorney stated the Commission can approve as a lesser zone as R-2
or R-3.
P&Z Chairperson Daniel Tunstall stated he did not like that the business who was
there tirst would have tu make changes and does nut like the R-3 zune. Re telt a
zone change to a PD would be a better fit.
P&Z vice chairperson 1 homas Duncan inquired it the subdivision would make the
M-1 site undevelupable in the future.
P&Z Commissioner Troy Pradia asked how long the business had been there. No
one seemed tu know this answer.
Mr. Chad Thumann stated that R-1 hurries would nut work fur this site; only R-3.
P&Z Commissioner Derrell Isenberg ask if the acreage was rezoned to ht -2, would
the streets still line up across the street as shuwn in the site plan. Mr. Chad
I humann stated possibly not. Director of Community Development Cata
Krishnarau reminded the Commission that the site plan was nut to be considered
and they are to zone the dirt. Mr. 1 humann stated their intent is to become a part
of the HOA at Cypress Creek and match their by-laws.
P&Z commissioner Derrell Isenberg stated he had a problem with Mr. 1 humann
speaking un behalf of the ROA. Mr. Thumann stated that he has spuken with the
management company tor the FICA and they are on their tuture agenda, but must
first zone the property.
1 here was discussion with regards to securing utilities.
P&Z commissioner I roy Pradia asked it zoned R-2, and not R-3, what is the
difference in the number of homes. Mr. Thumann stated approximately 1u homes.
Director of Community Development Cata Frishnarao spoke as to why R-3 is not
apprupriate. Cypress Village was build 15 years ago, under the 1999
Comprehensive Plan. Now the 2015 Comprehensive Han is in place and clearly
states the city does not want any more R-3 coning.
P&Z Chairperson Daniel I unstail inquired about tree mitigation. Director
Krishnarau stated this would Be dune durirry the platting process.
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P&Z Chairperson Daniel Tunstall stated He was not in tavor ot R-3. Director
Krishnarau stated another option is a Cluster Plari that offers flexibility for the
applicant. Mr. 1 fiumann stated it was not teasible in their eyes to do a Cluster Plan
ur a PD.
P&Z Commissioner Mary Starr stated the M-1 site throws the residential property
ott. R-3 matches what is there and telt it never should have been Lune R-1.
P&Z Commissioner Truy Pradia inquired what the business on the M-1 site was.
Mr. I fiumann stated it was a small machine shop that is uperatiunal.
P&Z Commissioner Troy Pradia inquired it the item could be postponed until rnure
information could be gathered about the business. ueputy City Attorney Lawrence
Pruvins stated that to gather infurrrratiurr would triyyer anuther public hearing. Mr.
1 fiumann added that the owner ot the M-1 site did receive a public nutiue ut the
heariny and chose not to show up.
There was brief discussion with regards to lot 13, as depicted on the site plan and
whether it uuuld be built un. Mr. Thomann stated probably not and most likely
would become an amenity.
Director of Community Developrrlent reiterated that the Cummissiurr is Luning and
approving the land, not the site plan, and following the 2U15 Comprehensive Plan.
R-1, R-2 and R-3 are okay, but per the study dune in the Comprehensive Plan,
there is an abundance ot R-3 homes. Vice -Chairperson 1 homas Dungan stated
you cannot count the areas already Loned for a school, detention pond or parks
that are in the R-1 zoning areas.
P&Z Cummissiuner Derrell Isenberg called fur the vote.
The vote was 2-3. The motion failed tu reLone from R-1 to R-3. Commissioners
1 unstall, Duncan and Starr voted in opposition.
Discussiun ensued un huw tu vote un a lesser Lune of R-2. Deputy City Atturney
discussed the order and procedure to vote.
P&Z Commissioner Mary Starr made the motiun to recunsider the Lune uhanye,
and P&Z Commissioner Troy Pradia seconded the reconsideration.
The vote was 3-2. I he reconsideration was approved. Commissioners I unstall
and Dur rear I voted in opposition.
P&Z Commissioner Troy Pradia made the motion to amend the zone trom R-1 to
R-2, and P&Z Commissiuner Mary Starr seuunded.
P&Z Vice Chairperson Thomas Duncan stated the applicant does not want R-2
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P&Z Regular Meeting
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zoning, su why give it to hirer. P&Z Commissioner Troy Pradia asked Mr. Chad
humann his opinion.
Mr. Chad Thuirairn, atter much decisiun, stated he wuuld be okay with an R-2
zone.
he vote was 4-1 to amend the zone trom R-1 to R-3. P&Z Vice Chairperson
Thomas Duncan voted in opposition.
1 he vote was 3-2. Lone Change Application No. Lone 16-000U4 was approved for
R-2 Lune. Commissioners Tunstall and Dunuan voted in uppusitiun.
E. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION
NO. ZONE 1ti-uuuu3
A request ot R. west Development Company, owner/applicant; tor approval ot a
change in Luning from the General Business (GB) Loring district to a Single Family
Residential -1 (R-1) tuning district; un approximately 5.0000 aures ut land.
Legal Description: Being a 5.0000 acre (217,800 square tout) traut of land luuated
in the R. I . & B. KK Co. Survey, Abstract 242, Brazoria County, I exas, saki 5.0000
aure traut uf land also being out of a called 10 acre tract conveyed to Robert L.
Perkins as per an instrument recorded in Vulume 1264, Page 135 ut the Deed
Records of Brazoria County, Texas.
General Location: Former right-ot-way ot Old Chocolate Bayou Road
approximately 190 feet east of intersection uf Old Chocolate Bayou Road and
Cullen Boulevard, Pearland, l X.
City Planner Frankie Leyaux stated tur the reuurd that this item was removed from
the record, per the applicant, and postponed to July 16, 2016.
F. CONSIDERATION AND POSSIBLE ACTION - 2u15 COMPREHENSIVE PLAN
AMENDMENT
A request uf the City of Pearland fur proposed amendment to the 2015
Comprehensive Plan to include the SR 35 Redevelopment Plan.
P&Z Chairpersur i Daniel Tunstall stated that any improvement would be a positive
move torward and was in tavor.
P&Z Commissioner Mary Starr made the motion to approve, and P&Z Vice -
Chairperson Thomas Duncan seconded the motion.
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P&Z Regular Meeting
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The vote was 5-U. I he 2015 Comprehensive Plan Amendment was approved.
G. DISCUSSION 11 EMs
1. Commissioners Activity Report
2. Articles:
a. 22 Benefits of Urbar, Street Trees by Dan Burden, Senior Urban Designer,
Glattiny Jauksun and Walkable Communities, May, 2006.
b. Building a Better Foundation for Urban Retail's Future: Heeding Lessons of
the Po twat Experience by Robert Gibbs.
G. I rees and Human Health May Be Linked. Science News, January 16, 2013.
3. Next P&Z Meeting, — July 18, 2016 — JPH and Regular P&Z meeting
4. Upuumliiiy r r ieetir ry uhanye nutiue:
*July 4, 2016 City Holiday — No P&Z Meeting
*August 1, 2016 — JPH and Regular P&Z meeting
"August 15, 2016 — P&Z Meeting (only Plats)
*September 5, 2016 City Holiday — No P&Z Meeting
*September 26, 2016 — JPR and Regular P&Z meetiny
1. ADJOURNMENT
P&Z Chairperson Daniel Tunstall adjourned the P&Z Regular meeting at 9:27 p.m.
!hese minutes were respecttully submitted by:
Judy j` rownhOttice Supervisor
Minutes approved as submitted and/or Corrected un tliis 18th day of July 2016, A.D.
Daniel
r]
unstall, P & Z CI1`airpersun
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P&Z Regular Meeting
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