2009-05-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD MAY 18, 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 7:13 p.m. with the
following present:
P&Z Chairperson Henry Fuertes
P&Z Vice -Chairperson Jerry Koza, Jr.
P&Z Commissioner Darrell Diggs
P&Z Commissioner Neil West
P&Z Commissioner Susan Sherrouse
P&Z Commissioner Charles Gooden, Jr.
P&Z Commissioner Ron Capehart
Also in attendance were: Planning Director Lata Krishnarao, Plans and Plat
Administrator Richard Keller, Senior Planner Angela Gantuah, Assistant City
Manager Mike Hodge, and Planning Administrative Secretary Judy Krajca.
APPROVAL OF MINUTES
P&Z Commissioner Ron Capehart made the motion to approve the minutes of May 4,
2009, and P&Z Commissioner Susan Sherrouse seconded.
The vote was 7-0. The minutes of May 4, 2009 were approved with corrections.
NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION - Zone Change No. 2009-04Z
A request by Brazoria County Drainage District No. 4, applicant and owner,
for approval of a change in zoning district from classification of Single
Family Residential -2 (R-2) to General Business (GB), on the following
described property, to wit:
Legal Description: A parcel of land containing 0.5716 acres (24,900
square feet), more or less, being a portion of Lot 1 and all of Lot 2, Block
15, Mimosa Acres, conveyed from Kenneth W. Quinn and wife, Barbara
Quinn, to Brazoria Drainage District No. 4 as recorded in File No.
2007050415 official records, Brazoria County , Texas (O.R.B.C.T.) and
also recorded in Volume 7, Pages 15-16, Brazoria County Plat Records
(B.C.P.R.) and a portion of Pear Street (60' R.O.W.), as recorded in
volume 7, Pages 15-16, (B.C.P.R.), said 0.4683 acre tract situated in the
R.B. Lyle Survey, Abstract No. 543 in Brazoria County, Texas.
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General Location: Located at 2501 Francis Drive and 4807 Broadway St.
P&Z Commissioner Charles Gooden, Jr. made a motion to approve, and
P&Z Commissioner Ron Capehart seconded.
There was much discussion among the Commission/Staff/Applicant.
Issues of concern were:
• Old Barber Shop demolished, and now owned by the BDD#4.
Confirmed by BDD#4.
• Driveways —Platting process and TxDOT will decide. If existing
driveway, BDD#4 can keep.
• Orientation of new office building -FM 518/Broadway
• Ownership -discussed what BDD#4 owns.
• Drainage and flooding-BDD#4 will follow all drainage rules &
guidelines
• Town Ditch, Phase 3-90% completed Hwy 35 to Mykawa Rd and will
substantially help drainage in Mimosa Acres.
• Proposed screening -will follow UDC guidelines.
• Homes at 2502, 2504 and 2506 Francis not under negotiation to
purchase by BDD#4
2409 Francis — house demolished
• N of 2409 Francis — under contract to purchase by BDD#4
• Government entity -allowed in either zone
• Domino effect -concern with changing the zoning
• Other options to alleviate landscape buffer -Planned Development,
replat tract, CUP for R-2 zoning
• What will be placed on these lots with concern of large trucks,
machinery —BDD#4 stated green space and detention area.
Building to be constructed of limestone and brick designed by Jack
McGuff
Long term plan of BDD#4-no long term plan. BDD#4 was
approached by residents to buyout due to flooding.
Impact of property values-BDD#4 has been there since 1954 and
has built out since. Ms Smajstrla of 2401 Francis stated this has
had a negative impact on her property.
• Protected trees -one and is being saved
Discussion ensued on many issues. P&Z Commissioner Charles Gooden,
Jr. stated that since staff recommended approval, one would have to
assume they considered all impacts. Planning Director Lata Krishnarao
commented yes, except staff did not realize that BDD#4 was buying up
property.
P&Z Commissioner Darrell Diggs stated the Commission is to zone the
best use of the land, and feels this is the best use to rezone it to GB.
P&Z Chairperson Henry Fuertes stated this was a tough decision.
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P&Z Commissioner Ron Capehart asked what would be entailed with
getting a variance for the landscape buffer. Planning Director Lata
Krishnarao stated the best thing to do would be a CUP on the R-2 zoned
property. Discussion ensued whether this would be considered a hardship.
The issue of platting came up with Al Lentz stating they will plat the front as
one plat and the back as a separate plat. Much discussion ensued with
talk of replatting.
P&Z Commissioners Neil West and Darrell Diggs excused themselves.
P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to table Zone
Change No. 2009-04Z until a decision to replat was made, and P&Z
Commissioner Ron Capehart seconded.
The vote was 3-2. Zone Change No. 2009-04Z was tabled. Commissioner
Charles Gooden, Jr. and Chairperson Henry Fuertes voted in opposition.
B. CONSIDERATION & POSSIBLE ACTION — Final Plat of Cullen Park
Estates
A request by Jimmy Bishop, JKC & Associates, Inc., for Cullen Park
Partners, owners, for approval of a final plat of Cullen Park Estates located
on the north side of the 7900 block of Bailey Road (C.R. 101) and east of
Old Chocolate Bayou Road (C.R. 89). The applicant is proposing 32 lots in
two blocks and seven reserve areas. Property is within the City of Pearland
E.T.J. and is not zoned. The property is described as follows:
Being 29.32 acres out of the H.T. & B. R.R. Co. Survey, Lot 26, Abstract
547, Brazoria County, Texas
Plans and Plat Administrator Richard Keller read the staff report stating
there were no outstanding items. This plat resides in the ETJ with the
water being serviced by the city.
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Charles Gooden, Jr. seconded.
The vote was 7-0. The Final Plat of Cullen Park Estates was approved.
C. CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of
Savannah Meadows Section Seven
A request by Christy Smidt, Kerry R. Gilbert & Associates, Inc., for
Savannah Development, Ltd., owner, for approval of a Preliminary Plat of
Savannah Meadows Section Seven located south of the 13500 block of
Post Road (C.R. 58). The applicant is proposing 51 lots in three blocks and
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three reserve areas. Property is within the City of Pearland E.T.J. and is
included within a P.U.D. The property is described as follows:
Being 16.8 acres out of the A.C.H. & B. Survey, A-403, and the J.S.
Talmage Survey, A-562, Brazoria County, Texas
Plans and Plat Administrator Richard Keller read the staff report stating
there were no outstanding items. This plat resides in the ETJ and has a
development agreement with the city.
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Susan Sherrouse seconded.
P&Z Commissioner Darrell Diggs asked what some of the development
agreement items were, and Plans and Plat Administrator Richard Keller
replied:
City to inspect houses, approved master plan, trails, parkland dedication,
donated parcel for fire station.
Mr. Keller added that when the city eventually annexes this area, the city
will know they meet the city ordinance.
The vote was 7-0. The Preliminary Plat of Savannah Meadows Section
Seven was approved.
D. CONSIDERATION & POSSIBLE ACTION — Request for a one-year
extension of time for approval of the Preliminary Plat of Plylox
Commercial Addition
A request by Thomas Offenburger, Boundary One Surveyors, LLC, for a
one year extension of time of approval of the Preliminary Plat of Plylox
Commercial Addition as allowed by Article 2, Division 5 of Chapter 1 of the
Unified Development Code.
Plans and Plat Administrator Richard Keller stated this property was also in
the ETJ area, and the applicant is getting ready to submit a final plat, but
time was about to run out on their preliminary plat approval.
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Charles Gooden, Jr. seconded.
The vote was 7-0. The request for a one-year extension of time for
approval of the Preliminary Plat of Plylox Commercial Addition was
approved.
P&Z Chairperson Henry Fuertes recessed the meeting at 8:24 p.m.
P&Z Chairperson Henry Fuertes re -opened the meeting at 8:37 p.m.
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E. CONSIDERATION & POSSIBLE ACTION - 5 -YEAR CAPITAL
IMPROVEMENT PLAN
Five Year Capital Improvement Program 2010 — 2014
P&Z Commissioner Susan Sherrouse made a motion to approve, and P&Z
Com missioner Charles Gooden, Jr. seconded.
P&Z Chairperson Henry Fuertes commended Mr. Trent Epperson's
presentation at the last meeting and stated he learned a lot.
Brief discussion ensued with Assistant City Manager Mike Hodge with
regards to specific projects and timelines.
The vote was 7-0. The 5 -Year Capital Improvement Plan was approved.
F. DISCUSSION ITEM
The P&Z Training will be on June 1, 2009 with a CD purchased at the
National APA Conference. Deputy City Attorney Nghiem Doan added that
he was still seeking input from the Commission regarding questions they
might have. Planning Director Lata Krishnarao stated a few years back the
Commission was asked to complete a questionnaire. Ms. Krishnarao
stated she would email this out to the Commission.
The UDC T-11 JPH would be on June 15, 2009.
There was brief discussion regarding a
connectivity. Planning Secretary Judy
department with regards to the problem.
ADJOURNMENT
few laptops not having wireless
Krajca will check with the city IT
P&Z Chairperson Henry Fuertes adjourned the meeting at 8:56 p.m.
These minu s are respectfully submitted by:
Judy jca, P nning Screkary
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Minutes approved as submitted ai
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