2008-10-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, HELD OCTOBER 20, 2008 AT 6:30 P.M., IN THE
ENGINEERING CONFERENCE ROOM, COMMUNITY CENTER, CITY HALL,
3523 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
P&Z Chairperson Henry Fuertes called the meeting to order at 7:58 p.m. with the
following present:
P&Z Chairperson Henry Fuertes
P&Z Vice -Chairperson Jerry Koza, Jr.
P&Z Commissioner Susan Sherrouse
P&Z Commissioner Neil West
P&Z Commission Ron Capehart
P&Z Commissioner Darrell Diggs
P&Z Commissioner Charles Gooden, Jr. (arrived at 8:01 p.m.)
Also in attendance were: Planning Director Lata Krishnarao, Assistant City
Manager Nick Finan, Plans and Plat Administrator Richard Keller, Planner Tim
Chi, Deputy City Attorney Nghiem Doan, and Planning Administrative Secretary
Judy Krajca.
APPROVAL OF MINUTES
P&Z Commissioner Ron Capehart made the motion to approve the minutes of
October 6, 2008, and P&Z Commissioner Darrell Diggs seconded.
The vote was 6-0. The minutes of October 6, 2008 were approved.
NEW BUSINESS
P&Z Chairperson Henry Fuertes decided to hear the platting issues first (Items
D-1), and then return to the zoning issues (Items A -C), finishing with the
Discussion Items (Item J).
CONDUCT PUBLIC HEARING — Replat of Pearland Retail Fitness Center
A request by Kevin Kolb, R.P.L.S., for Pearland Fitness Partners, Ltd., owner, for
approval of a replat of 17.4108 acres zoned GB and R-1. The applicant is
proposing 4 lots located at the northwest corner of Broadway and Miller Ranch
Road and the property is described as follows:
Being all of Pearland Retail Fitness Center, a subdivision according to the map or
plat thereof as recorded under Volume M2006, Page 23385 of the map records
of Brazoria County, Texas, City of Pearland, Brazoria County, Texas.
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P&Z Chairperson Henry Fuertes opened the hearing for the Replat of Pearland
Retail Fitness Center at 8:00 p.m., and read the purpose of the hearing.
P&Z Commissioner Charles Gooden, Jr. arrived at 8:01 p.m.
Plans and Plat Administrator Richard Keller read the staff report.
The applicant was not present to speak.
There was no one present to speak for or against the Replat of Pearland Retail
Fitness Center.
P&Z Chairperson Henry Fuertes adjourned the hearing for the Replat of Pearland
Retail Fitness Center at 8:02 p.m.
CONSIDERATION & POSSIBLE ACTION — Replat of Pearland Retail Fitness
Center
A request by Kevin Kolb, R.P.L.S., for Pearland Fitness Partners, Ltd., owner, for
approval of a replat of 17.4108 acres zoned GB and R-1. The applicant is
proposing 4 lots located at the northwest corner of Broadway and Miller Ranch
Road and the property is described as follows:
Being all of Pearland Retail Fitness Center, a subdivision according to the map or
plat thereof as recorded under Volume M2006, Page 23385 of the map records
of Brazoria County, Texas, City of Pearland, Brazoria County, Texas.
Plans and Plat Administrator Richard Keller read the staff report.
P&Z Commissioner Neil West stated he is a partial owner in another fitness
center.
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Susan Sherrouse seconded.
The vote was 6-0. Replat of Pearland Retail Fitness Center was approved. P&Z
Commissioner Neil West abstained from the vote.
CONSIDERATION & POSSIBLE ACTION — Request for a one-year extension
of Preliminary Plat Application as per Chapter 1, Article 2, Division 5 of the
Unified Development Code
A request by Warren Escovy, LJA Engineering & Surveying, Inc., for approval of
a one-year extension of approval of the Preliminary Plat of Province Village.
Plans and Plat Administrator Richard Keller read the request for an extension of
the plat iterating that the street has been platted and the commercial
development has been platted. The remainder is the residential. Since two
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years is about to expire, since the Preliminary Plat was approved, the applicant
was requesting a one-year extension, in order to do their town home lots. Mr.
Keller explained there are three segments of the town home lots.
P&Z Commissioner Neil West inquired about the for -sale signs on the property.
Mr. Keller explained that the Planning Department is not privy to information
regarding property sales, and that the lots would still need to be developed as
town homes. If a new buyer wished to put in other size lots, the new owner
would have to plat it, amend the PD, and this would come before the P&Z
Commission.
P&Z Commissioner Susan Sherrouse made the motion to approve, and P&Z
Commissioner Neil West seconded.
The vote was 7-0. The request for a
Application as per Chapter 1, Article 2,
Code for Province Village was approved.
one-year extension of Preliminary Plat
Division 5 of the Unified Development
CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Southern
Trails Section Eleven
A request by Christy Smidt, Kerry R. Gilbert & Associates, Inc., for Ashton
Southern Trails JV, owner, for approval of a preliminary subdivision plat of 36.9
acres zoned Planned Unit Development. The applicant is proposing 53 lots in 3
blocks and 7 reserves located south of Broadway east of Kingsley Drive and the
property is described as follows:
Being a subdivision of 36.9 acres out of the H. T. & B. R.R. Co. Survey, Sec. 84,
A-538 and Sec. 80, A-564, City of Pearland, Brazoria County, Texas.
Plans and Plat Administrator Richard Keller read the staff report stating there
were a few outstanding items, but recommended approval.
P&Z Commissioner Susan Sherrouse made the motion to approve with staff
comments, and P&Z Commissioner Ron Capehart seconded.
The vote was 7-0. Preliminary Plat of Southern Trails Section Eleven was
approved with staff comments.
CONSIDERATION & POSSIBLE ACTION — Final Plat of Shadow Creek
Ranch Broadway Street Extension from County Line to FM 521
A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for Pearland
Investments Limited Partnership and the City of Pearland, owners, for approval
of a final right-of-way plat for 9.711 acres zoned Planned Unit Development. The
applicants are proposing to extend Broadway from the Brazoria-Ft. Bend County
line west to F.M. 521 and the property is described as follows:
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Being 9.711 acres out of the H. T. & B. R.R. Co. Survey, Sec. 83, A-761, Sec.
84, A-767 and the F. Hooper Survey, A-198, City of Pearland, Fort Bend County,
Texas.
Plans and Plat Administrator Richard Keller stated the Final Plat of Shadow
Creek Ranch Broadway Street Extension from County Line to FM 521 had been
withdrawn. No action necessary.
CONSIDERATION & POSSIBLE ACTION — Final Plat of Southern Trails West
Section Two
A request by Carol Redd, Edminster, Hinshaw, Russ and Associates, for The
Stoddard Group, Ltd., owner, for approval of a final subdivision plat of 40.8148
acres zoned Planned Unit Development. The applicant is proposing 117 lots in 8
blocks and 6 reserves located south of Broadway west of Kingsley Drive and the
property is described as follows:
Being 40.8148 acres out of the H. T. & B. R.R. Co. Survey, Sec. 84, A-538, City
of Pearland, Brazoria County, Texas.
Plans and Plat Administrator Richard Keller read the report stating staff
recommends approval.
P&Z Commissioner Charles Gooden, Jr. made the motion to approve, and P&Z
Commissioner Ron Capehart seconded.
The vote was 7-0. Final Plat of Shadow Creek Ranch Broadway Street
Extension from County Line to FM 521 was approved.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. 2008-
24
Request of Harvest Development c/o Curry Architecture LLC, applicant for Vivian
Naeve, owner, for approval of a Conditional Use Permit to permit Assisted Living
Facility in Neighborhood Service (NS) zone, on the following described property:
LEGAL DESCRIPTION: 18.26 acres of land, in the T.D. Yocum Survey, A-399
and the A.C.H & B Survey, A-147, Brazoria County, Texas
GENERAL LOCATION: Generally located on the North Side of John Lizer
Road, East of Pearland Parkway.
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Susan Sherrouse seconded.
Planning Director Lata Krishnarao recapped staff's recommendation for the
Conditional Use Permit, stating there were issues about safety. Discussion
ensued among the Commission/Staff/Applicant with regards to having only one
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elevator for each building. Mr. Ron Jackson, Architect for the applicant spoke
and stated that in the event of an emergency evacuation, especially related to a
fire, the elevators would automatically be shut down, and lowered to the first
floor. All evacuation would be through the stairwell with the assistance of staff
and management. Mr. Jackson also stated it is intention of management, and for
safety reasons, to place only healthy, able-bodied residents on the upper floors.
P&Z Commissioner Darrell Diggs asked how many people can occupy an
elevator at one time, and Mr. Ron Jackson stated he was not certain of the
answer.
Ms. Krishnarao continued with issues pertaining to conformance with the UDC
requirements are met and asked that supporting documents be included as part
of the approval of the CUP. She added that minor changes be okayed by staff,
and any major changes be brought back before the Council/Commission.
The other topic of concern was with the density and using the right number of
7.86 units per acre. Ms. Krishnarao stated the type of units and density could be
made part of the approval.
P&Z Commissioner Susan Sherrouse stated the second entrance should be
made part of the condition. P&Z Chairperson Henry Fuertes had a concern with
this being more like a Multi -Family and is a second entrance needed. P&Z
Commissioner Neil West commented that this facility is very similar to Bellavita,
with the difference being Bellavita homes are owned, verses this facility would
have leased apartments/cottages.
P&Z Vice -Chairperson Jerry Koza, Jr. commented that the type of resident living
in these facilities would not typically be a Pearland resident, but a parent of a
Pearland resident, seeking to live closer to family and grandchildren. Mr. Mark
Lowen, applicant, agreed.
P&Z Chairperson Henry Fuertes stated he wished this was a PD so that
conditions could be set. Much discussion ensued with regards to why the
applicant sought a CUP, and why staff felt a CUP was best. Ms. Krishnarao
added that conditions could be placed on the CUP.
P&Z Chairperson Henry Fuertes discussed grass crete and permeable pavers,
allowing green space to be kept. Planning Director Krishnarao stated that the
UDC allows that 85% of parking to be built now, and 15% to be built later, thus
helping with green space.
P&Z Commissioner Charles Gooden, Jr. inquired about the property ownership.
Mr. Ron Jackson replied that the 18.65 acres is under contract with the owner,
and that they have worked on a verbal agreement with the Burgess family with
regards to a second point -of -access through their property, on Pearland
Parkway. Commissioner Gooden, Jr. also inquired about the 50 feet trail
easement. Mr. Ron Jackson stated that the BDD #4 will own the buffered area.
All trail issues will be noted and approved in the platting phase.
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P&Z Chairperson Henry Fuertes stated he still had issues with a final site plan,
and the fact that it was submitted just prior to the public hearing.
Deputy City Attorney Nghiem Doan stated that the Conditional Use Permit can be
approved with conditions with a conceptual site plan tying down the main issues.
Other areas of discussion pertained to drainage and the detention area. Mr. Ron
Jackson stated that the detention would be dry. Discussion ensued with regards
to amenitizing the detention area. Mr. Jackson stated that trails could not be
placed in the flood plain area, and strongly opposed any walking trails into the
detention area due to the safety of the 55+ residents living there. Mr. Jackson
added that the detention area most likely will be fenced off.
P&Z Commissioner Ron Capehart made a motion to amend his original motion
with the following conditions for approval, and P&Z Commissioner Susan
Sherrouse seconded.
1. Clarify that the CUP is for 118 suites/apartments and 13 duplex cottages
(26 units), a total of 144 units.
2. Meet all requirements of common open space under Multi Family (MF)
zone in the Unified Development Code (UDC).
3. Provide a minimum of two parking spaces for each of the 26 units in
duplexes (including garage) and one parking space for each
suite/apartment unit. Twenty five percent (25%) of parking spaces can be
designated as future parking as per Section 4.2.1.3 (k) of the UDC.
4. Provide access from John Lizer Road and Pearland Parkway.
5. Provide amenities as stated in the public hearing and include this in the
document.
6. Despite the UDC designation of Assisted Living, the marketing should be
for independent living.
7. If medical staff is later hired, the CUP needs to be modified.
8. Site plan, elevations and other details should conform to the document
and attachments provided. Minor changes shall be approved by the
Planning Director.
The vote was 6-1. Conditional Use Permit No. 2008-24 was approved. P&Z
Chairperson Henry Fuertes voted in opposition as he felt that the item should
have been tabled.
CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2008-16Z
Request of Mike Pollak, applicant for Signature Eubanks, owner, for approval of
a change in zoning district from classification Townhouse Residential District
(TH) to General Business Retail District (GB), on the following described
property:
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LEGAL DESCRIPTION: 15.0373 acres out of Kanawha -Texas Company
Subdivision of Sections 18 & 22 (Vol. 2, pg 51 B.C.P.R) and Section 18 H.T. & B.
R.R. Co. Survey, A-547, Houston, Harris County, Texas
GENERAL LOCATION: Generally located on the North side of
proposed Magnolia Road and East side of FM 1128 (Manvel Road).
No action necessary being as a hearing did not take place.
P&Z Commissioner Darrell Diggs excused himself from the room at 9:17 p.m.
CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2008-17Z
Request of Randy and Deanna Patro, applicant and owner, for approval of a
change in zoning district from classification Single Family Estate District (R -E) to
Single -Family Residential -1 District (R-1) on the following described property:
LEGAL DESCRIPTION: 1.224 acres, being out of lot 47, Figland Orchard
Subdivision Number One, according to the plat thereof, as filed in Volume 3,
Page 77, Brazoria County Plat Records, H.T. & B. R.R. Co. Survey, Abstract
Number 240, and F.B. Drake Survey, Abstract Number 509, Pearland, Brazoria
County, Texas.
GENERAL LOCATION: Located on 5510 Magnolia Road
P&Z Commissioner Charles Gooden, Jr. made the motion, and P&Z
Commissioner Ron Capehart seconded.
There was no discussion.
The vote was 6-0. Zone Change No. 2008-17Z was approved.
P&Z Commissioner Darrell Diggs returned at 9:18 p.m.
DISCUSSION ITEMS
P&Z Chairperson Henry Fuertes noted that the next P&Z Meeting would be on
November 3, 2008.
Planning Director Lata Krishnarao spoke of a "Small Cities Planning Workshop"
that HGAC is hosting. The Commission was asked to notify the Planning
Secretary if they planned to attend this workshop on November 7, 2008.
Planning Secretary Judy Krajca asked for final confirmation of who would be
attending the Texas APA Conference in EI Paso, Texas on February 4-7, 2009.
There was discussion that the City of Pearland had increased the per diem
amounts.
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ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the meeting at 9:26 p.m.
These minutes are respectfully submitted by:
Jud raj , 4anr7fnjYSecretary
Minutes approved as submitted and/or corrected on this 3rd day of November,
A.D., 2008.
P&Zf# rperson Henry rtes
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