2016-03-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARCAND, TEXAS, MONDAY, MARCH 21, 2016, AT
6:30 P.M., HELD IN I HE GOUNUIE cHAIGIBERS, (Ai Y HALE, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS
CALL TO ORDER
P&Z Chairpersun Daniel Tunstall opened the rrreetiny fur the P&Z Regular Meeting at
6:30 p.m.
In attendai i e were:
P&Z Chair persun Daniel Tunstall
P&Z vice -Chairperson I homas Duncan
P&Z Commissioner Derrell Isenberg
P&Z Gum r rissiuner Gir ryer MuFadden
P&Z Commissioner iroy Pradia
P&Z Commissioner David Selsky
P&L Commissioner Mary Starr
Also present were Deputy City Attorney Lawrence Provins, President, PEDC Matt
Bucnanan, Director of Community Development Lata Krishnarao, City Planner FranRie
Leyaux, Assuuiate Planner Vinue Hustead and Offiue Assistant Alma Guncales.
CONSENT AGENDA
P&Z Chairperson Daniel Tunstall read the items on the consent agenda. P&L Commissioner
David Selsky made the motion to approve Items from the uunsent agenda and P&Z
Commissioner Mary Starr seconded the motion. Item B was removed from the Consent
Agenda.
P&Z Vice -Chairperson Thomas Duncan made the motion to remove Item B from the
Cur rser rt Ayer Ida, P&Z Cumrnissiuner David Selsky seuur 'dud the rnutiun.
A. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES
1. Approved the Minutes of the March 7, 2u1b P&Z Regular Meeting, Field at 6:31) p.m.
C. CONSIDERATION AND POSSIBLE AU1 ION — PREEEMINARY PEAT OF
RIVERSTONE RANCH SECTION 6
A request ot Jenniter Curtis ot BGt / Kerry R. Gilbert & Associates, on behalt ot Shannon
Wiespape uf Meritage Homes, uwner: to approve the Preliminary uf Riverstune Ranch
Section 6 creating 111 single tamily lots and 7 reserves, described to wit:
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Maruh 21, 2016
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Legal Description: Being 45.4146 acres of land out of the T.J. Green Survey, A-290 City
ot Pearland, Harris County, Texas, also being a replat ot all ot Lots 68, 69, 80, 81, 83, 84,
85, 97, 98, 100, 115, 116, 11 /, & 118 of the Allison Richey Gulf Coast Home Company,
part ot Suburban Gardens, Section °G", as recorded ill Volume 4, Page 48, H.C.IDI.R. and
all of tract two, drainage easement, and part ot tract one, drainage easement, and tract
three drainage easement, of Green Tee Terrace Sectiun Sever], as recorded in film code
No. 352061, R.C.M.R.
General Location: South ut Hughes Ranch Road and north ut Clear Creek.
The Cunsent Agenda Items A and C were approved by a vote of 7 to 0. P&Z Chairperson
Daniel I unstall, P&Z Vice -Chairperson I homas Duncan and P&Z Commissioners Derrell
Isenberg, Ginger McFadden, Troy Pradia, David Selsky and Mary Starr voted to approve.
MA 1 I ERS KEIVIOVED FROM GONSEN 1 AGENDA
B. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF MASSEY LAKES
A request ut C.L. Davis, ut C.L. Davis & Cu. the applicant; on behalf ut Shannon
wiesepape, Meritage Romes., owner; for approval ot the Final Plat ot Massey Cakes
Estates creating 82 single family lots and 20 Reserves, on 40.2850 acres of land.
Legal Description: 40.2850 acres being all of Lots 1 and 2, Section 18 Kanawha — Texas
Company Subdivision ut Parts of Sections 18 and 22 H.T.&B. R.R. Cu.,. G.C. Smith
Survey Abstract b47, City of I-'earland, Brazoria County, 1 exas,
General Location: approximately a halt a mile north ot Bailey Road trom Manvel Road to
County Road 107-F
P&Z Chairperson Daniel 1 unstall item ot concern was the subdivision improvement
agreement, Associate Planner Vince Hustead notified that the subdivision improvement
agreement was in place.
The Consent Agenda Item B tor the Final Plat ut Massey Lakes was approved by vote ut
7 to U. P&Z Chairperson Daniel 1 unstall, P&Z vice -Chairperson 1 homas Duncan and P&Z
Commissioners Derrell Isenberg, Ginger McFadden, Troy Pradia, David Selsky and Mary
Starr voted to approve.
NEW BUSINESS
A. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE APPLICATION
NO. 2016-01
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March 21, 2u16
Page 2 of 7
A request of James Elmur, applicant; on behalf ut A & A Business, owner; tur approval ut
a Conditional Use Permit (CuP) to allow for gasoline station and convenience store in the
General Business (GB) Luning district; un appruxinrately 0.8767 acre portion of land that is
part ot a 3.3825 acre tract, Pearland, IX
Legal Description: A tract or parcel cur rtainir ry 0.8767 acre purtiur r ut a 3.8325 acre tract
of land situated in the Thomas J. Green Survey, Abstract 198, in the City of Pearland,
BraLuria County, Texas.
General Location: NE Curner of Broadway St. and Alexander Ln., Pearland, TX
P&Z Commissioner Ginger McFadden made the motion to approve Conditional use
Application Nu. 2016-01, P&Z Cummissiuner Mary Starr seuurrded the motion.
A discussion ensued by P&Z Vice -Chairperson Thomas Duncan and Staff regarding the
traffic tlow, height requirements ot tences and the butter and easements ut the sidewalks.
P&Z Commissioner David Selsky expressed his concerns between the trees and the
existiny puwer lines. Community Development Direutur Lata Krishrrarau addressed the
concerns ot the Commission and explained the requirements tor the Corridor Overlay
District and informed that an approval with conditiuns could be presented. City Planner
Frankie Legaux added the site and landscaping plans would tie into the Conditional Use
Permit. P&Z Chairperson Daniel Tunstall commented that the sidewalk and driveways
needed to be in currturmance. P&Z Vice-Chairpersun Thomas Duncan stated he wanted to
see the sidewalks be useable. Applicant Mr. James Elmore presented to the Commission
that all requirements would be accommodated as best as pussible.
P&Z Vice -Chairperson Thomas Duncan made a motion to amend the original motion for
Cur rditiur ral Use Application Nu. 2016-01, P&Z Cummissiuner Darrell Iser rbery seconded
the motion.
[he amended motion tor Conditional Use Application No. 2016-01 was appruved with
conditions by vote of 7 to u. P&Z Chairperson Daniel Tunstall, P&Z Vice -Chairperson
Thumas Duncan, and P&Z Commissioners Derrell Isenberg, Ginger McFadden, Truy
Pradia, David SelsKy and Mary Starr voted to approve.
B. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE APPLICATION
NO. 2016-04
A request of Alfred Rucker, applicant; on behalt ot Pogie USA ECU, owner; tor approval ot
a Conditional Use Permit (CUP) to allow fur bail bonds in the General Business (GB)
zoning district; on approximately 3.1092 acres ot land.
Legal Description: Being a 3.1092 acre tract ut land uut ut Cut 46 ut the Allison Riuhey
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March 21, 2016
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Gult Coast Rome Company's Subdivision ot Section 8, H. I &B.R.R. Co. Survey also called
the F.B. Drake Survey, Abstract 504, Brawuria Cuunty, Texas, according to the map or plat
thereot recorded in Volume 2, Page 24, ot the plat recurds ut BraLuria County, Texas.
General Location: 6601 Broadway Street, Pearland, TX.
P&Z Vice-Chairpersun Thomas Duncan made the motion to approve Conditional Use
Application No. 2016-04, P&Z Commissioner I roy Pradia seconded the r r rutiur r.
P&Z Chairperson Daniel Tunstall, P&Z Vice -Chairperson Thumas Duncan, P&Z
Commissioners Derrell Isenberg, Ginger McFadden and David Selsky expressed their
opposition tu the requested and agreed that the prupused bail bunds office was not
suitable at this location. P&L Commissioner I roy Pradia commented that it wuuld be a
disservice tu the applicant since previous businesses of the same type had been approved
in the past. Mr. Pradia was in tavur.
The mutiun fur Conditional Use Application Nu. 2016-04 failed to pass by a vote of 1-6.
I -'&L Chairperson Daniel I unstall, P&Z Vice -Chairperson 1 homas Duncan and P&Z
Commissioners Derrell Isenberg, Ginger McFadden, David Selsky and Mary Starr voted
to oppose. P&Z Commissioner Truy Pradia voted in favor of therrrutiun.
C. CONSIDERATION AND POSSIBLE ACTION — ZONING CHANGE APPLICATION NO.
2016-03Z
A city initiated request for approval of a zone change in the recently annexed Area 2 (south
of Bailey Ruad between FM 1128/ and Veterans Ruad) from Suburban Development (SD)
zoning district to General Business (VB) zoning district: on approximately 35.450 acres of
land.
Legal Description: Being four tracts of land, approximately 27.581 acres in Annexation
Area 2, identified as AO 549 R T & BRR tract 11A, Acres 7.635; LT 1B 549 H T & B, Acres
4.946: G.C. Smith C 1 1 549 R 1 & B, Acres 5.000; and G.C. Smith C 12 549 R T & B, Acres
10.000.
General Location: Near the southeast corner ot FM 1128/Manvel Rd. and Bailey Rd.,
Pcarland, TX.
And, Legal Description: Being five tracts of land, approximately 7.869 acres in Annexation
Area 2, identified as AU549 R 1 &BRR Tract 21 B called Tract 1, Acres 2.200; LT 21B1
(called Tract 4) 550 H T & B, Acres 2.5; Au550 R 1 &BRR, I ract 21D, Acres 2.5; AU55U
R T &BRR Tract 21, Acres 0.789; A0550 H T &BRR Tract 21 E, Acres 2.25.
General Location: Suuthwest corner of Bailey Road and Veterans Road.
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March 21, 2016
Paye 4 of 7
P&Z Vice -Chairperson Thomas Duncan made the motion to approve Zone Change
Applivatiur r No. 2016-03Z, P&Z Commissiur ler David Selsky seconded the motion.
P&Z Vice -Chairperson Thomas Duncan asked fur Clarification un the re -Luning uf the twu
properties on Manvel Road and Bailey Road, Community Development Director Lata
Krishrrarao and City Planner Frankie Legaux explained the corner dilemmas, retail nodes
tor the corner and abutter notification letters on the properties arid discussed the tour tauturs
the zoning map had been based on.
he motion tor Zone Change Application No. 2016-U3L was approved 7-U. P&Z
Chairperson Daniel Tunstall, P&Z Vice -Chairperson Thomas Duncan and P&Z
Commissioners Derrell Isenberg, Ginger McFadden, Troy Pradia, David Stlsky and Mary
Starr voted to approve.
D. CONSIDERATION AND POSSIBLE ACTION — ZONING CHANGE APPLICATION
NO. 2016-04Z
A request of the City of Pearland, for approval of a change in zoning designation from
Suburban Development District (SD) to Suburban Residential - 15 (SR -15); to wit:
Area 1: 213 acres more ur less uut uf Kanawha -Texas Company subdivision, parts of
sections 18 and 22, George U. Smith survey, abstract 547 and abstract 548 Brazoria
County, Texas.
General Location: North of Bailey Koad, south of Arnold Drive, east of Kennedy Drive,
and west of Manvel Road, in Pearland, Brazuria County, Texas.
And,
Area 2: 230 acres more ur Iess out ut lots 1, 2, 11, 21, 31, 41 and 51, Sectiun 24, George
C. Smith survey abstract 549 and lots 1, 11, 21, 31, 41 and 51, section 25 R. 1 . & B. R.R.
company survey, abstract 245 and Tuts 1, 11 and 21, Section 26 George C. Smith survey,
abstract 550, Brazoria County, I exas.
General Location: Suuth ut Bailey Rudd, east of Manvel Road, and west of Veterans
Road, in Pearland, Brazoria County, I exas, also Rnown as Area 2.
I he tollowing 9 lots are excluded trom Area 2:
SAVE AND EXCEPT 37.3004 acres of land, to wit:
Four lots, consisting of approximately 27.581 acres in Annexation Area 2, identified as AU
549 H T & B R R, Tract 11A, Acres 7.635; LT 1B 549 H T & B, Acres 4.946; G.C. Smith LT
1 549 H 1 & B, Acres 5.000; and G.C. Smith [ 1 2 549 FI I & B, Acres 10.000.
General Location: Neat the southeast Corner ut FM 1128/Manvel Road and Bailey Ruad,
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March 21, 2016
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Pearland, TX.
And,
Five lots, consisting ut approximately nately 7.869 acres in Ar rnexatiui r Area 2, Identltled as
Aub49 H T &BRR Tract 21 B called Tract 1, Acres 2.2UU; LI 21 B1 (called I ract 4) 55u A
T&B, Aures 2.5;A0550HT&BRR,Tract 21D,Acres 2.5;A0550HT&B RRTract21,
Acres 0.789; AUbbU R 1 &BRR I ract 21 E, Acres 2.2b.
General Location: Southwest corner of Bailey Road and Veterans Road
P&Z Vice -Chairperson made the motion to approve Zone Change Application No. 2016-
U4Z, P&Z Commissioner Derrell Isenberg seconded the motion.
P&L Chairperson Daniel 1 unstall and P&Z Commissioner Derrell Iserrbery asked about
existing businesses re -zoning and if spot zoning would be allowed, City Planner Frankie
Ceyaux explained existing businesses could continue as they are curled unless the
Business expanded. Deputy City Attorney Lawrence explained the legal aspects of the
spot zoning. Community Development Director Lata Krishnarao informed the Commission
reasons tor retail nodes within GB & SR15 zones. P&Z Commissioner Ginger McFadden
requested to see a map of existing subject properties to help determine the zoning
classifications. President, PEDC Matt Buchanan presented a zoning map to the
Commission. P&Z Chairperson Daniel 1 unstall commented he would like to see a different
plan in place fur the future Land Use Plan.
The motion to recommend approval for Zone Change Application No.2u1 U-u4Z was
approved 6-1. P&Z Chairper sur r Daniel Turistall opposed to the motion to approve. P&Z
Vice -Chairperson I homas Duncan and P&Z Commissioners I roy Pradia, Derrell Isenberg,
Mary Starr, Ginger McFadden and David Selsky voted to approve.
DISCUSSION ITEMS
1. Commissioners Activity Report — P&Z Chairperson Daniel I unstall attended
the HEB festival and interested in future discussion of food truck permitting.
2. Zoning Update: City Planner Frankie Legaux informed the Commission of the
following:
At the March 14, 2016 City Cuunuil nreetirry, the City Cuurrcil did nut approve
CUP 2016-U2 for gasoline station and convenience store on law corner of
Mykawa and Orange Streets by a vote of 0-5. A Super Majority Vote was
required because the P&Z Commission had recommended denial of the
zoning amendment.
3. Next P&Z Meetiny, March 28, 2016 — JPR and Regular P&Z meeting
ADJOURNMENT
P&Z Regular Meeting Minutes
March 21, 2016
Page ti of 7
P&Z Chairperson Daniel iunstall adjourned the P&Z Regular meeting at 9:47 p.m.
These minutes were respectfully submitted by:
Alma Gonzales, Office Assistant
Minutes approved as submitted and/or corre d o his Ph day •t arch 2016, A.D.
Dari?Xt
unstall, P : Z Chairpersurr
P&Z Regular Meeting Minutes
March 21, 2016
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