2009-01-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JANUARY 19,
2009 AT 6:30 P.M., IN ENGINEERING DEPARTMENT CONFERENCE ROOM,
COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
P&Z Chairperson Henry Fuertes called the meeting to order at 8:59 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 Commission Ron Capehart
P&Z Commissioner Darrell Diggs
P&Z Commissioner Neil West
Also in attendance were: Planning Director Lata Krishnarao, Plans and Plat
Administrator Richard Keller, Deputy City Attorney Nghiem Doan, Senior Planner
Angela Gantuah, and Planning Administrative Secretary Judy Krajca. Assistant
City Manager Mike Hodge was present intermittently throughout the meeting.
APPROVAL OF MINUTES
P&Z Commissioner Ron Capehart made the motion to approve the minutes of
December 1, 2008, and P&Z Commissioner Susan Sherrouse seconded.
The vote was 6-0. The minutes of January 5, 2009 were approved.
Commissioner Charles Gooden, Jr. was not present.
NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit
No. CUP 2009-01
Request of William and Marjorie Baldy, applicants and owners, for
approval of a Conditional Use Permit to permit a garage in Old
Townsite Mixed Use (OT -MU) District, on the following described
property:
LEGAL DESCRIPTION: Lot 9, Block "F", of the Town of
Pearland, Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 29, Page 41 of the deed record of Brazoria
County, Texas.
GENERAL LOCATION: Located at 2117 North Houston Avenue.
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P&Z Commissioner Susan Sherrouse made the motion to approve,
and P&Z Commissioner Neil West seconded.
Planning Director Lata Krishnarao reiterated staff's comments with
recommendations that (1) Parking be limited to one car and one truck
inside the existing building, (2) No outdoor parking, activity, or storage
allowed, and (3) No auto repair/shop or uses be permitted in the OT -
MU district.
Commissioner Susan Sherrouse inquired if the conditions specify only
two vehicles. Commissioner Ron Capehart stated that if it is enclosed,
why limit it further. Commissioner Neil West agreed with
Commissioner Capehart.
Commissioner Darrell Diggs expressed concern with the
"automobile/storage" becoming a business in the future, and
expressed concern with regards to street widths.
Planning Director Lata Krishnarao recommended adding "personal
use" and not commercial use.
Commissioner Susan Sherrouse amended her motion for approval,
and Commissioner Neil West seconded that the garage be used for
personal use of a 1 ton vehicle or less — all to be interior, and no
commercial activity.
Assistant City Manager Mike Hodge arrived at 9:07 p.m.
The vote was 6-0. Conditional Use Permit No. 2009-01 was approved
with the following conditions:
1. The garage to be used to park personal vehicles,
2. No commercial activity on site, and
3. Vehicles to be parked inside the existing garage with no outdoor
parking.
B. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit
No. CUP 2009-02
Request of Kimley Horn, applicant, and CVS Pharmacy Inc., owner, for
approval of a Conditional Use Permit to permit Autowash Self Service,
in General Business (GB) District, on the following described property:
LEGAL DESCRIPTION: Lot 1 consisting of 1.0808 acres as shown in
Replat CVS Sherwood, a subdivision of 4.8672 acres of land, being a
partial replat of CVS Sherwood, Vol. 24, Pg. 170, B.C.P.R out of the
Thomas J. Green Survey, A-198, City of Pearland, Brazoria County,
Texas.
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GENERAL LOCATION: Located at the southeast corner of Broadway
Street (FM 518) and YMCA Drive.
Commissioner Ron Capehart made the motion to approve, and Vice -
Chairperson Jerry Koza, Jr. seconded.
Commissioner Ron Capehart stated he felt that the building could be
re -oriented. Chairperson Henry Fuertes stated that if it is not desirable
to reorient, then it is not the right spot. Commissioner Neil West
requested that an amended traffic study be done.
Commissioner Darrell Diggs made a motion to table Conditional Use
Permit No. CUP 2009-02. The motion died for a lack of a second.
Vice -Chairperson Jerry Koza, Jr. stated he does not have a problem
with the orientation as he feels 99% of the people that see the
business do so while drive by, and not from a front direction.
Commissioner Darrell Diggs agreed.
Planning Director Lata Krishnarao stated that the orientation and
landscaping would make a difference. Commissioner Susan
Sherrouse asked if they should approve, or address the orientation,
landscaping, and traffic analysis.
Planning Director Lata Krishnarao recommended tabling and letting
them come back with revisions since based on the joint public hearing,
the applicant knew what the Council and Commission is looking for.
Commissioner Ron Capehart agreed. Deputy City Attorney Nghiem
Doan stated that all of this is good, as long as the Commission feels it
is the highest and best use of the land.
Commissioner Susan Sherrouse recommended tabling Conditional
Use Permit No. CUP 2009-02, and Vice -Chairperson Jerry Koza, Jr.
seconded.
The vote was 5-1. Conditional Use Permit No. CUP 2009-02 was
tabled, with Commissioner Neil West voting in opposition.
C. CONSIDERATION & POSSIBLE ACTION — Conditional Use permit
No. CUP 2009-03
Request of Verizon Wireless, applicant, and Dennis & Vicki Walters,
owners, for approval of a Conditional Use Permit to permit Cellular
Communications Tower, in Suburban Residential — 12 (SR -12) District,
on the following described property:
LEGAL DESCRIPTION: 6.1198 acre tract of land as conveyed to
Dennis J. Walters and wife Vicki Z. Walters by Warranty Deed with
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Vendor's Lien dated May 20, 1986 and filed for record under Volume
86-280, Page 474 of the Brazoria County Deed Records, and also
being a portion of Lot 7 of the Allison Richey Gulf Coast Home
Company Subdivision as shown on plat filed for record under Volume
2, Page 23 of the Brazoria County Plat records..
GENERAL LOCATION: Located at 1709 Stone Road.
Vice -Chairperson Jerry Koza, Jr. made the motion to approve, and
Commissioner Ron Capehart seconded.
Planning Director Lata Krishnarao spoke with regards to the concerns
remaining and the items that the Commission could require them to
provide. Concerns were the facility fencing, enclosure, and
landscaping, the paved road to the facility, a detailed plan of the
landscaping, parking, height, and stealth techniques.
Mr. Jose Perez, representing the applicant, showed the
Commissioners a map detailing the areas where their towers currently
are located. There was much discussion among the
Commission/Staff/Applicant with regards to co -leasing another tower,
extending the height of other towers, and the effects on the neighbors.
Planning Director Lata Krishnarao recommended that if the CUP was
tabled, the applicant return with more studies conducted in the area,
alternatives, and if alternative sites benefited them.
Vice -Chairperson Jerry Koza, Jr. made a motion to table, and
Commissioner Darrell Diggs seconded.
Deputy City Attorney asked why the Commission was tabling the CUP,
if Verizon might not provide what the Planning & Zoning Commission is
looking for.
Vice -Chairperson Jerry Koza, Jr. reversed his motion to table leaving
the original motion to approve.
The vote was 0-6. The Conditional Use Permit was denied.
D. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2009-
01Z
Request of Stephen Engbrock, applicant for Third Coast Packaging,
owner, for approval of a change in zoning district from classification
Heavy Industrial (M-2) to Planned Development (PD), on the following
described property:
LEGAL DESCRIPTION: 6.5953 acres located in the H.T & B.R.R. Co.
Survey., Abstract 232, in the city of Pearland, Brazoria County, Texas
as shown on the Amending Plat of Mykawa Investments Clerk's File
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No. 97-016096 B.C.C.O; remainder of a 12.00 acres Third Coast
Packaging Inc. Clerk's File No. 97-016096 B.C.C.O.; and 2.9125 acres
Third Coast Packaging, Inc. Clerk's File No. 00 022591 B.C.C.O.
GENERAL LOCATION: Located on 1871 Mykawa Road
Commissioner Ron Capehart made the motion to approve, and Vice -
Chairperson Jerry Koza, Jr. seconded.
Planning Director Lata Krishnarao stated staff's two concerns were
removing the note regarding the number of parking spaces, and the
reciprocal agreement to be approved by the legal department and
recorded as necessary.
Commissioner Capehart made the motion to amend with staff's
recommendations, and Vice -Chairperson Jerry Koza, Jr. seconded.
Commissioner Darrell Diggs expressed concern with the number of
parking spaces.
The vote as 6-0. Zone Change No. 2009-01Z was approved with
staff's recommendation to:
1. Remove the note regarding the number of parking spaces
2. The reciprocal agreement be approved by the City of Pearland
Legal Department and recorded as necessary
E. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2009-
02Z
Request of Jung Kwak, applicant for Montalbano Lumber Co. Inc.,
owner, for approval of a change in zoning district from classification
Light Industrial (M-1) to Planned Development (PD), on the following
described property:
LEGAL DESCRIPTION: 26.34 acres of land, being parts of and the
North half of Lot 44 and all of Lot 49 of Zychlinski's Subdivision in the
HT&B RR Co. Survey, Section 3, Abstract 232, and R.B Lyle Survey,
Abstract 542, in the Brazoria County, Texas.
GENERAL LOCATION: Located on the West Side of SH 35 (North
Main Street), and on the South Side of McHard Road
Commissioner Darrell Diggs made the motion to approve, and Vice -
Chairperson Jerry Koza, Jr. seconded.
Planning Director Lata Krishnarao reminded the Commission of staff's
comments, with the biggest concern being Phase 2 of the project and
the road being put in as the 9 acres, zoned M-2, is developed.
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Commissioner Darrell Diggs expressed concern of approving a PD
when it lacks details. Planning Director Krishnarao concurred with Mr.
Diggs, the PD could require details.
Commissioner Ron Capehart stated his biggest concern was the
property owner's lack of notification, traffic issues, the applicants'
comments that they cannot get an agreement signed until the zoning is
changed, the detention being shared with the city, and phasing of the
road connecting Main Street and Halik Road.
Commissioner Darrell Diggs made a motion to table the Zone Change.
The motion died for a lack of a second.
Commissioner Diggs left the room at 10:24 p.m. There was discussion
regarding staff's comments. Commissioner Diggs returned at 10:29.
The vote was 0-6. Zone Change No. 2009-02Z was denied.
F. CONSIDERATION & POSSIBLE ACTION — Amendments to the
Unified Development Code (T-10)
No action due to lack of a motion.
G. CONSIDERATION & POSSIBLE ACTION — Final Plat of Oakbrook
Estates Section 7
Plans and Plat Administrator Richard Keller read staff's report stating
there were no outstanding items.
Commissioner Ron Capehart made the motion to approve, and Vice -
Chairperson Jerry Koza, Jr. seconded.
There was no discussion.
The vote was 6-0. The Final Plat of Oakbrook Estates Section 7 was
approved.
H. DISCUSSION ITEM
Planning Director Lata Krishnarao stated that because there were no
plats to be approved at the February 2, 2009 meeting, there would be
no reason for the Commission to meet. However, City Council has
scheduled this date for a workshop on the Land Use Study, and the
Commission could sit in to listen. Planning Director Krishnarao passed
out the 8 maps that are being reviewed, and asked the commission to
bring these maps to this workshop.
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IV. ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the meeting at 9:48 p.m.
These minutes are respectfully submitted by:
Judy Klijca, PI nning ecr ary
Minutes approved as submitted and/or corrected on this 2nd day of February
A.D., 2009. _
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