2009-06-15 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JUNE 15, 2009 AT
6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
P&Z Chairperson Henry Fuertes called the meeting to order at 8:35 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 Commissioner Ron Capehart
Also in attendance were: Planning Director Lata Krishnarao, Assistant City Manager
Mike Hodge, Senior Planner Angela Gantuah, Plans and Plat Administrator Richard
Keller, Planner I Tim Chi, Planning Technician Ian Clowes, Deputy City Attorney
Nghiem Doan, and Planning Secretary Judy Krajca.
P&Z Commissioner's Darrell Diggs and Charles Gooden, Jr. were absent.
APPROVAL OF MINUTES
P&Z Commissioner Susan Sherrouse made the motion to approve the minutes of
June 1, 2009, and P&Z Commissioner Ron Capehart seconded.
The vote was 5-0. The minutes of June 1, 2009 were approved.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE NO. 2009-06Z
A request of Renee L. McGuire, applicant, for Green -Hollow Ltd., owner, for
amendments to the Bellavita Planned Development, on the following described
property, to wit:
Legal Description: 211.9140 acres located in the W.D.C. Hall Survey, A-23 Harris
Co., TX (Bellavita at Green Tee)
General Location: Generally located north of Broadway Street and west of Dixie
Farm Road.
P&Z Commissioner Ron Capehart made the motion and P&Z Vice -Chairperson Jerry
Koza, Jr. seconded.
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CITY SECRETARY
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Senior Planner Angela Gantuah went over the staff report and the reason for the
zone change dealing with rear setbacks.
There was brief discussion regarding the setbacks.
The vote was 5-0. Zone Change No. 2009-06Z was approved.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
CUP2009-08
A request by BM Design LLC, applicant for JK Joseph Inc, owner, for approval of a
conditional use permit to allow a gas station and retail suites in the Light Industrial
(M-1) Zoning District, on the following described property, to wit:
Legal Description: Approximately 1.73 acre tract described in the Brazoria County
Clerk's file No. 2007014638 and being the residue of 12.843 acre tract described in
volume 1155, page 604 of the Brazoria County Deeds of Record, said 1.727 acre
tract of the land also being situated in and part of lots 21 and 22, of the W. Zychlinski
Subdivision, Section 4, E. B. Lyle Survey Abstract no 543, Brazoria County Texas.
General Location: Located 2070 Mykawa Road, 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 restated the purpose of the Conditional Use Permit
and added that there were four public information comments in opposition.
There was much discussion with regards to Traffic, giving up M-1 zoning, empty retail
spaces throughout the city, driveway and existing median.
P&Z Chairperson Henry Fuertes asked for clarification on the hair salon and
insurance company. Senior Planner Gantuah explained the GB zone allows a gas
station. Planning Director Lata Krishnarao stated that the Commission could add
conditions of approval. Discussion ensued with regards to the allowed uses.
There was much discussion with regards to the Commission reviewing plats and site
plans.
P&Z Commissioner Ron Capehart made the motion to amend the original motion,
and P&Z Commissioner Neil West seconded, for the following:
1. Allow office uses permitted by CUP in M-1, or Barber, Beauty Shop,
Tanning Studio as allowed by CUP in M-1
2. Applicant will follow all UDC provisions
3. Site Plan will be approved by all city departments.
The vote was 2- 3. The amendment to the original motion failed.
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The vote was 1-4. Conditional Use Permit No. CUP2009-08 was denied.
CONSIDERATION & POSSIBLE ACTION — AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE (T-11)
A request by the City of Pearland, for an amendment to the Unified Development
Code, Ordinance No. 2000T regarding reductions in M-1 and M-2 development
requirements, change in parking requirement, accessory structures, and pools, etc.
P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to approve, and P&Z
Commissioner Susan Sherrouse seconded.
P&Z Commissioner Neil West commended staff for their work on the UDC and all the
amendments.
P&Z Vice -Chairperson Koza, Jr. briefly spoke of metal corrugated building fagade not
being allowed.
P&Z Chairperson Henry Fuertes noted a discrepancy on page 236 of the Amendment
with regards to sidewalks and noted it referenced 5 feet, but list it as 4 feet.
The vote was 5-0. The Amendment to UDC T-11 was approved.
REMOVE FROM TABLE — 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 remove from table, and P&Z
Vice -Chairperson Jerry Koza, Jr. seconded.
The vote was 5-0. Zone Change No. 2009-03Z was removed from the table.
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
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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 Susan Sherrouse seconded.
Senior Planner Angela Gantuah went over staff's comments from the last meeting
and expressed staff's three remaining concerns:
1. 4.5' walking trail with crushed granite verses 5' walking trail with concrete.
2. Maximum lot coverage is 40%. Applicant asking for 48.1 %. Council
Member Helen Beckman was opposed to this deviation.
3. Parking recalculated from 292 spaces to 212.
Much discussion ensued on the 3 remaining issues. P&Z Commissioner Ron
Capehart suggested green parking spaces, and an in depth discussion ensued.
P&Z Commissioner Ron Capehart amended his motion to approve (with 126 units as
indicated in the PD document) with the conditions listed below, and was seconded by
P&Z Commissioner Susan Sherrouse.
1. A parking deviation from 292 parking spaces to 212 parking spaces be
permitted.
2. Lot coverage deviation from 40% to 45% be permitted.
3. The request for a crushed granite walking path that is 5 feet wide be
permitted.
4. That a dead end street with 60 feet of frontage off of Broadway Street be
permitted.
5. All other requirements of the current UDC shall be met.
The vote was 5. Zone Change 2009-03Z was approved with conditions.
CONSIDERATION & POSSIBLE ACTION — Final Plat of Southern Trails Phase
One Section Ten
A request by Eric D. Johnson, P.E., Pate Engineers, Inc., for CL Ashton Woods, L.P.,
owner, for approval of a final plat of Southern Trails Phase One Section Ten located
on the east side of the 3100 block of Southern Trails Drive. The applicant is
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proposing 12 lots in one block and two reserve areas zoned PUD and the property is
described as follows:
Being 3.507 acres out of the H.T. & B. R.R. Co. Survey, Abstract Number 564, City of
Pearland, Brazoria County, Texas
Plans and Plat Administrator Richard Keller read the staff report stating there was
one outstanding item remaining with regards to the lot sizes not conforming to the
approved preliminary plat.
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z Vice -
Chairperson Jerry Koza, Jr. seconded.
Planning Director Lata Krishnarao added that staff is asking the applicant to state
where they stand.
Christy Smidt with Kerry Gilbert & Associates stated they can go through and explain
the acreage. Eric Johnson with Pate Engineering commented that the market trend
has forced them to move towards larger lots. Plans and Plat Administrator Richard
Keller asked Ms. Smidt to provide a table of proposed land use reflecting areas
platted before recording the final plat.
P&Z Commissioner Ron Capehart amended his motion to approve with staff's
comments asking the applicant to provide a table of information before recording the
final plat, and P&Z Vice -Chairperson Jerry Koza, Jr. seconded.
The vote was 5-0. The Final Plat of Southern Trails Phase One Section Ten was
approved with the following conditions to be met before the final plat is recorded. :
1. Provide a currently updated version of Table I in Paragraph "C" entitled
"Proposed Land Use" of the Southern Trails Planned Unit development
reflecting areas platted to date in both portions of Southern Trails
2. Provide a current update of the number of acres platted in each of the
three single family residential dwelling districts (R-1, R-2, and R-3)
mentioned in Paragraph "C" including percentage deviation from acreages
originally proposed for both portions of Southern Trails
3. Provide a color -coded map of Southern Trails showing all previously
platted areas with single family residential dwelling districts (R-1, R-2, and
R-3) indicated.
DISCUSSION ITEM
There was discussion that the Commission would meet every Monday night and hold
workshops to complete the Land Use Plan update. First meeting will be June 22,
2009.
The Commission was reminded that officer elections would be on July 6, 2009.
Commissioner Neil West has written a letter and wishes to share this letter and
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others he has written while on the Commission. This will appear on the July 6, 2009
agenda as a Discussion Item.
ADJOURNMENT
P&Z Chairperson Henry Fuertes adjourned the meeting at 7:01 p.m.
These minutes are respectfully submitted by:
Judy Krajca, PWnn
Minutes approved as submitted and/or corrected on this 6th day_2y A.D., 2009.
Fuertes
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