2008-11-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, HELD NOVEMBER 17, 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 8:46 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 Commissioner Ron Capehart
P&Z Commissioner Darrell Diggs
P&Z Commissioner Charles Gooden, Jr.
Also in attendance were: Planning Director Lata Krishnarao, Plans and Plat
Administrator Richard Keller, Deputy City Attorney Nghiem Doan, and Planning
Administrative Secretary Judy Krajca. Assistant City Manager arrived at 9:59
p.m.
APPROVAL OF MINUTES
P&Z Commissioner Ron Capehart made the motion to approve the minutes of
November 3, 2008 with a correction to the title Commission on page 1, and P&Z
Vice -Chairperson Jerry Koza, Jr. seconded.
The vote was 7-0. The minutes of November 3, 2008 were approved with
corrections.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2008-16Z
Request of Mike Pollack, 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) and
Office Professional (OP) with a Conditional Use Permit (CUP) to permit
a hospital facility.
LEGAL DESCRIPTION: Tract 1 with 15.0373 acres and Tract 3
with 13.0933 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
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GENERAL LOCATION: Located on the North side of proposed
Magnolia Road and East side of FM 1128 (Manvel Road).
P&Z Commissioner Ron Capehart made the motion to approve, and
P&Z Vice -Chairperson Jerry Koza, Jr. seconded.
Planning Director Lata Krishnarao recapped the staff report saying that
if buffering and the emergency area are a concern, then the
Commission could request a conceptual site plan, or add conditions on
the approval of the CUP.
P&Z Chairperson Henry Fuertes asked for verification that the
Commission would be rezoning a portion to GB, a portion to OP, and a
CUP with the OP.
P&Z Commissioner Susan Sherrouse asked if the Commission could
add stipulations they want to see in place.
Planning Director Lata Krishnarao replied that stipulations could be
placed, or the Commission could approve the OP, but not the CUP at
this time. Deputy City Attorney Nghiem Doan stated that they also
could add conditions to the CUP for approval.
P&Z Commissioner Darrell Diggs asked what the zone was prior to the
rezoning two years ago to TH. Applicant/Owner Mr. Mike Pollack
replied that it was R-1. Commissioner Diggs asked why not stick with
the TH zoning. Mr. Pollack replied that the construction of Magnolia
Road never went through. Mr. Pollack also added that TH is not the
highest and best use of the land, with a secondary thoroughfare
running through it. He feels the best use would be GB and OP.
P&Z Chairperson Henry Fuertes asked staff if the two zone changes
and the CUP could be voted on separately. Deputy City Attorney Doan
replied yes.
P&Z Commissioner Darrell Diggs asked how many hospital and
medical facilities exist in Pearland, and what would the hospital facility
be. There was discussion that HCA Hospital was currently an
emergency care facility, and Memorial Hermann does day surgeries.
Neither of'these facilities have beds for overnight care.
Planning Director Lata Krishnarao read the definition for Hospital, from
Chapter 5 of the UDC. Discussion ensued.
P&Z Commissioner Darrell Diggs stated that instead of seeing a zone
change from TH to GB and OP with a CUP, he would rather see a
Planned Unit Development (PD).
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P&Z Commissioner Charles Gooden, Jr. inquired if a site plan or
conceptual site plan had been rendered with the City.
Planning Director Lata Krishnarao replied that the Commission could
require the applicant to submit a site plan, making it a part of the
application before approving.
P&Z Commissioner Susan Sherrouse stated that by adding conditions
to the CUP, this would be similar to having a PD.
Deputy City Attorney Nghiem Doan expressed concern with
addressing extra conditions tied to the CUP.
P&Z Commissioner Susan Sherrouse commented that what she was
hearing were issues/concerns related to buffering, height of lighting,
setbacks from residents, and location of emergency entrance.
Much discussion ensued among the Commission/Staff/Applicant with
regards to buffering, height of the lighting, setbacks from residents,
and the emergency entrance, determining that the UDC would restrict
several of these concerns.
P&Z Commissioner Ron Capehart amended his original motion with
the condition that the zone change be approved for GB, and OP with a
CUP, along with the stipulation that all UDC requirements be met, and
requiring a 50 -feet setback for any building on the North and West side
of the OP tract. P&Z Vice -Chairperson Jerry Koza, Jr. seconded.
The vote was 7-0. Zone Change No. 2008-16Z was approved with the
condition that any building located on the tract being rezoned to OP
(north of Magnolia Road) be setback a minimum of 50 -feet from the
north and west property lines.
CONSIDERATION & POSSIBLE ACTION —Request for Waiver of Decision
for Final Plat of Savannah Commercial Tract
A request by Yvonne R. Grimm, Brown & Gay Engineers, Inc., for
Savannah Development, LTD., owner, for approval of a final
subdivision plat of 2.323 acres in the Savannah Planned Unit
Development located within the Pearland E.T.J. The applicant is
proposing 1 tract and 1 reserve located north of C.R. 58 west of
Savannah Parkway and the property is described as follows:
Being a subdivision of 2.323 acres in the A.C.H. & B. Survey, A-403,
Brazoria County, Texas.
Plans and Plat Administrator Richard Keller read the staff report stating
the applicant needed more time, and was requesting a waiver of
decision.
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P&Z Commissioner Susan Sherrouse made the motion to approve,
and P&Z Commissioner Ron Capehart seconded.
The vote was 7-0. The Waiver of Decision for Final Plat of Savannah
Commercial Tract was approved.
CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah
Commercial Tract
A request by Yvonne R. Grimm, Brown & Gay Engineers, Inc., for
Savannah Development, LTD., owner, for approval of a final
subdivision plat of 2.323 acres in the Savannah Planned Unit
Development located within the Pearland E.T.J. The applicant is
proposing 1 tract and 1 reserve located north of C.R. 58 west of
Savannah Parkway and the property is described as follows:
Being a subdivision of 2.323 acres in the A.C.H. & B. Survey, A-403,
Brazoria County, Texas.
No action necessary.
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:
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 read the staff report stating
there were no outstanding items.
P&Z Commissioner Susan Sherrouse made the motion to approve,
and P&Z Commissioner Ron Capehart seconded.
The vote was 7-0. The Final Plat of Shadow Creek Ranch Broadway
Street Extension from County Line to FM 521 was approved.
CONSIDERATION & POSSIBLE ACTION — Request for a Waiver of Decision
for Final Plat of Savannah Church Site
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A request by Yvonne R. Grimm, Brown & Gay Engineers, Inc., for
Savannah Development, LTD., owner, for approval of a final
subdivision plat of 12.54 acres in the Savannah Planned Unit
Development located within the Pearland E.T.J. The applicant is
proposing one lot located south of C.R. 58 east of Savannah Parkway
and the property is described as follows:
Being 12.54 acres in the A. C. H. & B. Survey, A-403 & J. S. Talmage
Survey, A-562, Brazoria County, Texas.
Plans and Plat Administrator Richard Keller read the staff report stating
the applicant needed more time, and was requesting a waiver of
decision.
P&Z Commissioner Susan Sherrouse made the motion to approve,
and P&Z Commissioner Ron Capehart seconded.
The vote was 7-0. The Waiver of Decision for Final Plat of Savannah
Church Site was approved.
CONSIDERATION & POSSIBLE ACTION — Final Plat of Savannah Church
Site
A request by Yvonne R. Grimm, Brown & Gay Engineers, Inc., for
Savannah Development, LTD., owner, for approval of a final
subdivision plat of 12.54 acres in the Savannah Planned Unit
Development located within the Pearland E.T.J. The applicant is
proposing one lot located south of C.R. 58 east of Savannah Parkway
and the property is described as follows:
Being 12.54 acres in the A. C. H. & B. Survey, A-403 & J. S. Talmage
Survey, A-562, Brazoria County, Texas.
No action necessary.
DISCUSSION ITEMS
Next meeting date is Monday, December 1, 2008.
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ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the meeting at 10:02 p.m.
These minutes are respectfully submitted by:
Judy Ktajca, PYanning'�ecr6tary
11
Minutes approved as submitted and/or corrected on this 1st day of December
A.D., 2008.
P&Z ChaifperscifF lenry Fuertes
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