2009-04-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD APRIL 20, 2009 AT
6:30 P.M., IN THE ENGINEERING CONFERENCE ROOM, COMMUNITY CENTER,
3523 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
P&Z Chairperson Henry Fuertes called the meeting to order at 6:33 p.m. with the
following present:
P&Z Chairperson Henry Fuertes
P&Z Vice -Chairperson Jerry Koza, Jr.
P&Z Commissioner Neil West
P&Z Commissioner Susan Sherrouse
P&Z Commission Ron Capehart
P&Z Commissioner Charles Gooden, Jr.
Also in attendance were: Planning Director Lata Krishnarao, Plans and Plat
Administrator Richard Keller, Senior Planner Angela Gantuah, Planning Technician
Ian Clowes, Deputy City Attorney Nghiem Doan, and Planning Administrative
Secretary Judy Krajca.
P&Z Commissioner Darrell Diggs excused himself at 6:30 p.m., and P&Z
Commissioner Susan Sherrouse excused herself at 9:15 p.m., both due to illness.
P&Z Commissioner Charles Gooden, Jr. arrived at 6:45 p.m.
APPROVAL OF MINUTES
P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to approve the minutes of
April 6, 2009, and P&Z Commissioner Ron Capehart seconded.
The vote was 5-0. The minutes of April 6, 2009 were approved.
P&Z Vice -Chairperson Jerry Koza, Jr. opened the public hearing for the Replat of
Shadow Creek Ranch Commercial Site No. 20-B at 6:37 p.m.
CONDUCT PUBLIC HEARING — Replat of Shadow Creek Ranch Commercial
Site No. 20-B
A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for Pearland
Capital Group, L.P., owner, for approval of a replat of Shadow Creek Ranch
Commercial Site No. 20-B located on the north side of the 12100 block of Shadow
Creek Parkway at Reflection Bay Drive. The applicant is proposing a replat of one lot
zoned SCR PUD Commercial and the property is described as follows:
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Being a Replat of all of Lot "A", Shadow Creek Ranch Commercial Site No. 20-B as
recorded in Document 2007020465, Official Records of Brazoria County Texas, City
of Pearland, Brazoria County, Texas.
Plans and Plat Administrator Richard Keller read the purpose of the hearing.
The applicant was present but did not speak.
There was no one to speak for or against the replat.
There was no discussion from the Commission or staff.
P&Z Vice -Chairperson Jerry Koza, Jr. adjourned the public hearing at 6:39 p.m.
CONSIDERATION & POSSIBLE ACTION — Replat of Shadow Creek Ranch
Commercial Site No. 20-B
A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for Pearland
Capital Group, L.P., owner, for approval of a replat of Shadow Creek Ranch
Commercial Site No. 20-B located on the north side of the 12100 block of Shadow
Creek Parkway at Reflection Bay Drive. The applicant is proposing a replat of one lot
zoned SCR PUD Commercial and the property is described as follows:
Being a replat of all of Lot "A", Shadow Creek Ranch Commercial Site No. 20-B as
recorded in Document No. 2007020465, Official Records of Brazoria County Texas,
City of Pearland, Brazoria County, Texas
Plans and Plat Administrator Richard Keller read the staff report stating there were 4
outstanding items remaining on the plat, but all were minor and recommended
approval of the replat.
P&Z Commissioner Ron Capehart made the motion to approve with staff comments,
and P&Z Commissioner Susan Sherrouse seconded. Staff comments were as
follows:
1) Place a lined block around Reason for Replat
2) The word "AND" is duplicated in Planning Commission Certification
3) Remove "OUT OF" from Owner's Certification
4) Courier and recordation fees due
The vote was 4-0. The Replat of Shadow Creek Ranch Commercial Site No. 20-B
was approved. P&Z Chairperson Henry Fuertes abstained from the vote.
CONSIDERATION & POSSIBLE ACTION — Final Plat of Cullen Park Estates
A request by Jimmy L. Bishop, Jr., JKC & Associates, Inc., for Cullen Park Partners,
owner, for approval of a final plat of Cullen Park Estates located on the north side of
the 7900 block of Bailey Road east of C. R. 89. The applicant is proposing 32 lots in
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two blocks and seven reserve areas in the Pearland E.T.J. and the property is
described as follows:
Being 29.32 acres of land situated in the H.T. & B. RR Survey, Abstract 547, Brazoria
and Harris Counties, Texas.
Plans and Plat Administrator Richard Keller stated the applicant has requested a
Waiver of Decision to respond to staff comments.
P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to approve the Waiver of
Decision, and P&Z Commissioner Susan Sherrouse seconded.
The vote was 5-0. The Waiver of Decision was approved for the Final Plat of Cullen
Park Estates.
P&Z Chairperson Henry Fuertes requested the next two items requesting a one-year
extension of time for approval be acted on together.
P&Z Commissioner Ron Capehart made the motion to approve the Request for a
one-year extension of time for approval of the Preliminary Plat of Riverstone Ranch
at Clear Creek Section One, and Section Two. P&Z Vice -Chairperson Jerry Koza, Jr.
seconded the motion.
The vote was 5-0. The Request for a one-year extension of time for approval of the
Preliminary Plat of Riverstone Ranch at Clear Creek Section One, and Section Two
was approved.
CONSIDERATION & POSSIBLE ACTION — Request for a one-year extension of
time for approval of the Preliminary Plat of Riverstone Ranch at Clear Creek
Section One
A request by Warren Escovy, LJA Engineering & Surveying, Inc., for a one year
extension of time of approval of the Preliminary Plat of Riverstone Ranch at Clear
Creek Section 1 as allowed by Article 2, Division 5 of Chapter 1 of the Unified
Development Code
CONSIDERATION & POSSIBLE ACTION — Request for a one-year extension of
time for approval of the Preliminary Plat of Riverstone Ranch at Clear Creek
Section Two
A request by Warren Escovy, LJA Engineering & Surveying, Inc., for a one year
extension of time of approval of the Preliminary Plat of Riverstone Ranch at Clear
Creek Section 2 as allowed by Article 2, Division 5 of Chapter 1 of the Unified
Development Code.
P&Z Chairperson Henry Fuertes recessed the Regular P&Z Meeting at 6:42 p.m.,
while the Commission attended the Joint Public Hearing.
P&Z Chairperson Henry Fuertes reconvened the Regular P&Z Meeting at 9:19 p.m.
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CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP2009-
06
A request by Medallion Investments V Inc., applicant and owner, for approval of a
Conditional Use Permit for a "Hotel" facility in the Business Park District — 288 (BP -
288), on the following described property, to wit:
Legal Description: 3.00 acres of land out of 14.2863 acres of land out of Lots 6 and 7
of a subdivision in the James Hamilton Survey, Abstract 881, in Harris County,
Texas, according to the map or plat thereof recorded in Volume 83, Page 342, of the
Deed Records of Harris County, City of Pearland, Harris County, Texas
General Location: Located at 1111 SH 288, Pearland, TX 77584
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z Vice -
Chairperson Jerry Koza, Jr. seconded.
Planning Director Lata Krishnarao asked the Commission if they wanted to add the
conditions back into this CUP regarding one hotel, with less than 100 rooms.
P&Z Chairperson Henry Fuertes stated he had concerns with the old issues and
discussed if the old CUP could be reinstated or if a new CUP was necessary with
conditions. Planning Director Lata Krishnarao replied a new CUP was necessary.
P&Z Commissioner Ron Capehart amended his original motion to approve the
Conditional Use Permit (CUP) with the same conditions as CUP No. 2007-06. The
motion was seconded by P&Z Commissioner Jerry Koza, Jr.
P&Z Commissioner Neil West mentioned his concern of traffic and the recent survey
the city completed with traffic being the number one concern.
P&Z Chairperson Henry Fuertes brought up the question Council Member Steve
Saboe asked with regards to the Commissions original concerns with the approval of
the 2007 CUP. Chairperson Fuertes recalled the concerns coming from
Commissioner Darrell Diggs and the number of hotels that were being built in
Pearland and the justification for them.
The vote was 5-0. Conditional Use Permit No. 2009-06 was approved with the same
conditions as previous CUP 2007-06: Specifically, one hotel with less than 100
rooms may be constructed.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP
2009-07
A request by Vincent Gerard & Associates C/O Verizon Wireless, applicant on behalf
of, Thomson 8 MD, owner, for approval of a Conditional Use Permit for a Co -Location
of a Cell Tower Antennae in the Suburban Ranch - 12 District (SR -12), on the
following described property, to wit:
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Legal Description: Approximately 5,625 square feet of Lot Three (3) of the Allison -
Richey Gulf Coast Home company subdivision of Section Ten (10), H.T. & B.R.R.
company Survey, Abstract 505, Brazoria County, Texas according to the recorded
map or plat hereof appearing in Volume Two (2), at Page Twenty -Three (23) of the
Plat Records of Brazoria County, Texas
General Location: Located 7702 Thomson St., Pearland, TX 77584
P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to approve, and P&Z
Commissioner Ron Capehart seconded.
Senior Planner Angela Gantuah brought up Councils comment regarding all-weather
surfacing as long as the trucks could withstand it.
Planning Director Lata Krishnarao read from the UDC that a CUP cannot be changed
or varied, but since Council was asking for the changes, they would need to vote with
this in mind. There was much discussion regarding the UDC.
The following recommendations were considered:
1. The co -location of antennae will not increase the height of an existing 133' foot
cellular communications tower.
2. The proposed ground equipment shall be contained in a masonry structure
approximately 12 feet by 28 feet
3. Sidewalks along Stone Road are waived.
4. Additional parking is waived as long as one 9' X 18' parking space is provided
in the driveway.
5. Paving of the driveway is waived upon approval of alternate paving by the City
Engineer.
6. All additional landscaping is waived.
7. Screening and fencing requirements due to the existence of the required
buffer is waived.
Deputy City Attorney Nghiem Doan excused himself at 9:50 p.m. to join Council's
Executive Session.
P&Z Commissioner Charles Gooden Jr. made the motion to amend the original
motion with the following conditions, and P&Z Commissioner Jerry Koza, Jr.
seconded.
1. The co -location of antennae will not increase the height of an existing 133' foot
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cellular communications tower.
2. The proposed ground equipment shall be contained in a masonry structure
approximately 12 feet by 28 feet.
The vote was 5-0. Conditional Use Permit No. CUP 2009-07 was approved with
amendments.
The vote was 4-1 for the original motion, with P&Z Commissioner Ron Capehart
voting in opposition. Mr. Capehart's reason for denial was it is the only tool the city
has to bring the non -conforming use and structure into compliance with the current
UDC.
P&Z Chairperson Henry Fuertes recessed the P&Z Regular meeting for a short break
at 10:17 p.m.
P&Z Chairperson Henry Fuertes reconvened the P&Z Regular Meeting at 10:23 p.m.
CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2009-03Z
A request by Blake Rue, applicant, on the behalf of Glass 518 Joint Venture, owner,
for approval of a change in zoning district from the classification of General
Commercial (GC) to Planned Development -Multi Family (PD -MF), on the following
described property, to wit:
Legal Description: Being 10.000 acres of land out of the northwest one quarter of
section 17, H.T. and B.R.R. Survey, Abstract 242, Pearland Texas and being part of
the tracts described at Volume 1757, Page 661 and Volume 1757 Page 665,
Brazoria County Deed Records (BCDR) and being more particularly described as
follows:
General Location: Generally Located East of Cullen Boulevard, West of Tranquility
Lakes Development and South of Broadway.
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Charles Gooden, Jr. seconded.
Senior Planner Angela Gantuah stated the 10 conditions of concern.
There was minimal discussion among the Commission and Staff.
P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to table the Zone Change,
and P&Z Commissioner Neil West seconded.
The vote was 5-0. Zone Change No. 2009-03Z was tabled. The Commissions
reason for tabling the item was based on City Attorney Darrin Coker's comment
during the Joint Public Hearing that the PD could not be approved with conditions, as
that would be the same as approving contingent zoning.
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DISCUSSION ITEM
The Commission was informed there would not be a Training Workshop tonight. A
future date will be announced.
The next P&Z Meeting will be on May 4, 2009, along with a Workshop on the 5 -year
CIP Plan, and a Joint Workshop on UDC Amendments.
City Hall hopes to be open sometime in May, with meetings resuming in the Council
Chambers at that time.
ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the meeting at 10:37 p.m.
These minutes are respectfully submitted by:
Judy K jca, P nnin Se etary
Minutes approved as submitti
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