2010-05-17 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS,
HELD ON MAY 17, 2010 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL,
3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
Mayor Tom Reid and P&Z Vice -Chairperson Ron Capehart called the public hearing to
order at 6:42 p.m. with the following present:
Mayor Tom Reid
Mayor Pro Tem Felicia Kyle
Council Member Steve Saboe
Council Member Scott Sherman
Council Member Woody Owens
Council Member Ed Thompson
P&Z Vice -Chairperson Ron Capehart
P&Z Commissioner Richard Golden
P&Z Commissioner Henry Fuertes
P&Z Commissioner Darrell Diggs
P&Z Commissioner Nell West
Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge,
Assistant City Manager Jon Branson, Planning Director Lata Krishnarao, Senior
Planner Angela Gantuah, and Planning Office Coordinator Judy Krajca
Senior Planner Angela Gantuah explained the Joint Public Hearing process for the
attending public, and explained that the Planning & Zoning Commission meeting will
immediately follow the Joint Public Hearing.
Mayor Tom Reid called to order the Public Hearing for Conditional Use Permit No.
2010-02 at 6:46 p.m.
CONDITIONAL USE PERMIT NO. 2010-02
A request of Joseph E. Koza, applicant and owner, for approval of a conditional use
permit to allow a snow -cone stand in an existing building within the Light Industrial M-
1) Zoning District, on the following described property, to wit:
Legal Description: Lots 2, 3, and 10, in Block 1, of Air Port Sites Subdivision,
according to the Plat thereof recorded in Volume 5, Page 57, of the Plat Records of
Brazoria County, Texas.
General Location: 2910 S. Main St., Pearland, TX
P&Z Vice -Chairperson Ron Capehart read the purpose into the record.
Senior Planner Angela Gantuah presented the staff report and stated staff
recommends approval of the Conditional Use Permit. Staff received three letters in
favor of the CUP.
JPH Minutes
5/17110
Page 1 of 6
Mr. Joseph Koza, 2910 S. Main St., Pearland, TX spoke briefly of his plans for the
snow cone business.
Mr. Larry Marcott, 3606 Inverness Court, Pearland, TX spoke in favor of the CUP.
Council Member Woody Owens stated he was in favor. Council Member Steve Saboe
expressed concern with the parking and traffic. Mr. Koza spoke about the traffic issue
and stated since the turn lane has been in place on Main St., any traffic accidents
appear to be at the crossover at Hampshire/1't Street and Main St.
P&Z Commissioner Henry Fuertes brought up the Future Land Use Plan and his
original concerns with retail in an industrial zoned area. Mr. Fuertes stated he is okay
with this CUP.
Council Member Saboe inquired about signage. Mr. Koza stated he will have room to
add to the existing sign, and that it would be minimal.
Mayor Tom Reid adjourned the Public Hearing for Conditional Use Permit No. 2010-02
at 7:03 p.m.
Mayor Tom Reid opened a Public Hearing for Conditional Use Permit No. 2010-01 at
7:03 p.m.
CONDITIONAL USE PERMIT NO. 2010-01
A request of Blake Griggs with Clear Wireless LLC., applicant, for Steve Townsend,
owner, for a conditional use permit to allow the co -location of cellular antennas on an
existing tower located within the General Commercial (GC) Zoning District, on the
following described property, to wit:
Legal Description: Approximately 1.24 acre (53,811 square feet) parcel situated in the
Perry & Austin League, Abstract 111, Brazoria County, Texas, and being all of a called
1.2438 acre tract conveyed to Steve Townsend by Deed recorded under Volume 1441,
Page 979 of the Brazoria county Official Public Records.
General Location: 1411 Broadway, Pearland, TX 77581
P&Z Vice -Chairperson Ron Capehart read the purpose into the record.
Senior Planner Angela Gantuah read the staff report stating the two conditions of
approval: (1) landscaping and screening shall be provided for the areas visible from
Broadway within the Corridor Overlay District, and (2) provide structure/engineering
calculations and information regarding the support structure that needs to be installed
so that the tower will not fail with the addition of the proposed antennas.
JPH Minutes
5117110
Page 2 of 6
Blake Griggs, 12806 Westella Drive, Houston, Texas spoke stating they are asking to
be excused from the landscaping of the cell tower.
Council Member Scott Sherman asked how much landscaping would be required.
Senior Planner Angela Gantuah stated landscaping is triggered at 50%, but this
location is in the corridor overlay, and landscaping needs to be addressed. Council
Member Sherman stated he agrees the landscaping should be done.
Council Member Felicia Kyle inquired why the owner should not be providing
landscaping instead of the applicant. Planning Director Lata Krishnarao stated it was
because it is an existing structure, and not new.
Discussion continued noting that Pine Hollow HOA sent in a letter expressing how they
would like to see the applicant mow and maintain the area on a regular basis.
Council Member Ed Thompson referenced the UDC section on cell towers and asked
for clarification of conforming use and non -conforming use. Planning Director Lata
Krishnarao offered clarification.
P&Z Commissioner Neil West feels the tower could be made to look better.
Council Member Woody Owens inquired about the structural engineering calculation.
Mr. Blake Griggs stated a new report shows the calculations at 104-105%. Council
Member Owens asked to see this report. Mr. Griggs handed out a letter from the
Structural Engineer.
There was much discussion with regards to staff not receiving this letter until now, and
the fact that it is dated February 23, 2010. Council expressed their dissatisfaction in
the applicants not getting all the necessary documents to staff, and staff presenting
without all the necessary documents needed in order for a decision to be made.
Council asked staff to set some guidelines about receiving data at the meeting.
Also discussed were topics dealing with cell towers having insurance for liability and
who keeps track of this. Mr. Griggs stated that several policies exist and that the cell
tower owner keeps up with the insurance.
P&Z Commissioner Darrell Diggs inquired about the Engineering structural analysis
calculations going past 100% and what this means. Also, why not put 7 or 8
antennae's on the tower to bring the calculation down. Mr. Griggs stated that 9 are
what they were asked to pursue.
Council Member Owens asked if the city ever checks on existing towers. Assistant
City Manager Mike Hodge replied they do not do inspections.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No.
CUP2010-01 at 7:32 p.m.
JPH Minutes
5/17/10
Page 3 of 6
Mayor Tom Reid stated that Conditional Use Permit No. CUP2010-03 has been
withdrawn by the owner of the property.
Mayor Tom Reid opened a public hearing for Zone Change No. 2010-01Z at 7:34 p.m.
ZONE CHANGE NO. 2010-01Z
A request of Ajith Nair and Jeeva Ajith owners, for approval of a zone change from
Residential Estate (RE) Zoning District to Suburban Residential -12 (SR -12), on the
following described property, to wit:
Legal Description: Approximately 0.9997 Acre (Tract of Land out of Lot 22 of the
Allison Richey Gulf Coast Home Company Subdivision of Section 20, H.T. & B.R.R.
Co. Survey, Abstract 506, Brazoria County, Texas, According to the Map or Plat
Thereof Recorded in Volume 2, Page 23 of the Plat of Records of Brazoria County,
Texas
General Location: Located 2201 Linda Rd., Pearland, TX
P&Z Vice -Chairperson Ron Capehart read the purpose into the record.
Senior Planner Angela Gantuah read the staff report and stated she has received 7
phone calls in opposition and one letter from the HOA in opposition. Staff is
recommending denial for the following reasons. (1) Even though this would be in
conformance with the current comprehensive plan, there may be a negative impact on
the surrounding properties and character of the neighborhood. All the homes in the
subdivision are constructed to the RE development standards, which have 40 foot front
yard setback and a 25 foot rear yard setback. (2) The proposed zone change from RE
to SR -12 would not be in conformance with the surrounding properties as this is not
adjacent to another property that is zoned SR -12.
The applicant was not present to speak.
No one spoke in favor or opposition of the proposed request.
Council Member Steve Saboe asked what weight is carried by the HOA or the Deed
Restrictions for a zone change, and feels it should be a part of the decision making
process. Also, existing violations should be considered. Senior Planner Angela
Gantuah stated that she just received the HOA letter prior to the meeting and did not
have adequate time for our Code Enforcement department to research.
P&Z Commissioner Neil West feels we need to keep in mind the HOA and Deed
Restrictions when reviewing request for zone changes.
JPH Minutes
5117110
Page 4 of 6
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2010-01Z at 7:45
P.m.
Mayor Tom Reid opened a public hearing and read the purpose of the hearing into the
record for the Proposed Amendments to the Comprehensive Plan, including
amendments to the Future Land Use Plan and Thoroughfare Plan at 7:45 p.m.
Proposed Amendments to the Comprehensive Plan, including amendments to
the Future Land Use Plan and Thoroughfare Plan
Planning Director Lata Krishnarao made the staff presentation.
There was no one present to speak for or against the proposed amendments.
P&Z Commissioner Henry Fuertes brought up a few issues such as possible changes
to page 218: Changes to the BP along SH 288 of residential or within mixed use
development, in the Land Use Section 5.0. Mr. Fuertes decided he would bring this
issue and other up during the P&Z meeting.
Mayor Tom Reid adjourned the public hearing for the Proposed Amendments to the
Comprehensive Plan, including amendments to the Future Land Use Plan and
Thoroughfare Plan at 7:59 p.m.
Mayor Tom Reid opened a public hearing and read the purpose of the hearing into the
record for the Proposed Amendments to the Unified Development Code (T-12) at 7:59
p. M.
Proposed Amendments to the Unified Development Code (T-12)
Planning Director Lata Krishnarao presented the staff report.
There was no one present to speak for or against the proposed request.
Council Member Steve Saboe expressed concern with the residential retail nodes.
Much discussion ensued between Council and staff.
Council Member Ed Thompson inquired about the section referring to Fencing and a
permit being required even for repair. Mr. Thompson felt this was too excessive.
Council Member Felicia Kyle agreed, as did Council Member Scott Sherman.
Mayor Tom Reid stated that a permit documents damage for insurance purpose and an
inspection is needed to make sure the work is done properly.
Council Member Felicia Kyle asked that the language be clarified, and P&Z Vice -
Chairperson Ron Capehart agreed.
,SPH Minutes
5117110
Page 5 of 6
P&Z Commissioner Henry Fuertes asked for clarification on outdoor lighting, and the
concern with residential nodes. Council Member Steve Saboe expressed his concern
with the neighbors, such as buffering and would like to see the language clearer and
cleaner, as to how it will affect the residents. Discussion continued including parking
not being allowed in the back near the residences homes. Planning Director Lata
Krishnarao explained that with a 25 foot buffer, they can have the parking in the back.
Mayor Tom Reid adjourned the public hearing for the Proposed Amendments to the
Unified Development Code (T-12) at 8:25 p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the Public Hearings at 8:25 p.m.
These minutes are respectfully submitted by:
(Tce"x- -"'I AA'0'
Judy Kraj a, PI ning Off' a aoordinator
Minutes approved as submitted and/or corrected on this 14th day of June 2010, A.D.
Mayor Tom Reid
JPH Minutes
5117110
Page 6 of 6