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2010-06-21 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 21, 2010 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Vice -Chairperson Ron Capehart called the meeting to order at 7:02 p.m. with the following present: P&Z Vice -Chairperson Ron Capehart P&Z Commissioner Neil West P&Z Commissioner Richard Golden P&Z Commissioner Henry Fuertes P&Z Commissioner Darrell Diggs P&Z Commissioner Susan Sherrouse Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Angela Gantuah, Planner I Ian Clowes, Plans and Plat Administrator Richard Keller, Deputy City Attorney Nghiem Doan, and Office Coordinator Judy Krajca. P&Z Chairperson Jerry Koza, Jr., was not in attendance. APPROVAL OF MINUTES P&Z Commissioner Henry Fuertes made the motion to approve the minutes of the Regular Meeting of May 17, 2010, and P&Z Commissioner Richard Golden seconded. The vote was 6-0. The minutes of May 17, 2010 were approved. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — Conditional Use Permit No. CUP2010-04 A request of Janice and Bonnie Howard, applicants and owners of the Houston Memorial Gardens Cemetery, on behalf of Theresa and Eric Walls, owners of the 3.0 acre Tract of Land, for approval of a conditional use permit to allow the existing Houston Memorial Gardens Cemetery the addition of the adjacent 3 acre tract, both being located in the Cullen Mixed -Use (C -MU) Zoning District, on the following described property, to wit: Legal Description: Approximately 57.231 acre tract of land, out of tracts 41, 42, 55, 56, 57 in the Allison Richey Gulf coast Home Co. Subdivision as Recorded in Plat book 2, Page(s) 24 of the Brazoria County Plat Records, located in the H.T. and B. Company Minutes of P&Z Regular Meeting 06/21/2010 Page 1 of 5 Surveys, Section 20, Abstract 506 in Brazoria county Texas, and A Tract of Land Containing 3.0 Acres, more or less, out of Lot 54 of the Allison Richey Gulf Coast Home Subdivision of the H.T. and B.R.R. Company Survey, Section 20, Abstract 506, Brazoria County. General Location: 2310 Cullen Blvd and 2426 Cullen Blvd, Pearland Texas P&Z Commissioner Susan Sherrouse made the motion to approve, and P&Z Commissioner Darrell Diggs seconded. P&Z Commissioner Darrell Diggs spoke with regards to the traffic issues and complaints received in the past and how quickly these were addressed a year ago. Planning Director Lata Krishnarao asked the Commission to clarify what type of fencing is being required, such as: • 30 ft. landscape buffer • 25 ft. fence/masonry • 25 ft. wooden fence w/landscaping It was brought up by the applicant, Ms. Janice Howard that one of the homeowners without a fence, lost it during the hurricane and has not replaced it. P&Z Commissioner Darrell Diggs expressed concern of double fencing by the neighbors and the cemetery. Much discussion ensued. P&Z Commissioner Susan Sherrouse stated the owner and applicant should work together and decide on fencing or landscaping. The vote was 6-0. Conditional Use Permit No. CUP 2010-04 was approved. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP 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 Minutes of P&Z Regular Meeting 06/21/2010 Page 2 of 5 Senior Planner Angela Gantuah read the staff report, since the item was postponed on May 17, 2010 by P&Z. Much discussion ensued with regards to the applicant providing the requested items. Concerns brought up were the aesthetics, and safety. P&Z Commissioner Darrell Diggs stated he does not see a response on the aesthetics and is unhappy with the applicant. P&Z Commissioner Neil West addressed the applicant dressing up the tower. Mr. Blake Griggs of Clear Wireless, LLC stated they do not own any of the towers, and are only co -locating on them. P&Z Commissioner West stated he still wants to see the towers dressed up. Discussion ensued with regards to permits being issued and verified if they are inspected to be structurally sound. P&Z Commissioner Susan Sherrouse stated it was not up to the Commission to make that decision. P&Z Vice -Chairperson Ron Capehart addressed the aesthetics by stating the bob wire fence would need to be removed, and a masonry fence or 100% opacity be required. Vice -Chairperson Capehart stated he had concerns with the landscaping because of the existing state of upkeep and what is there currently looks bad. P&Z Commissioner Richard Golden stated that if it is made too expensive, the applicant might not go through with their permit. Deputy City Attorney Nghiem Doan addressed this issue. P&Z Commissioner Richard Golden made the motion to approve, and P&Z Commissioner Darrell Diggs seconded. Discussion ensued on whether the CUP triggers any automatic conditions. Senior Planner Angela Gantuah read staff's report and recommended conditions. 1. Landscaping and screening shall be provided for the areas visible from Broadway which is in the Corridor Overlay District. 2. Provide structural/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. P&Z Commissioner Darrell Diggs asked the applicant what they would like to do for landscaping. Mr. Blake Griggs replied that they only have one (1) foot to work with for landscaping. Planning Director Lata Krishnarao read from the Unified Development Code on Corridor Overlay with regards to screening: decorative masonry wall or vegetation. Discussion continued. P&Z Commissioner Richard Golden amended the original motion, and P&Z Commissioner Darrell Diggs seconded, with the following condition: where the tower Minutes of P&Z Regular Meeting 06/21/2010 Page 3 of 5 site was visible from Broadway in any direction, the site shall conform to all requirements of the UDC and the Corridor Overlay District. The vote was 5-1. Conditional Use Permit No. CUP 2010-01 was approved with the condition that where the tower site was visible from Broadway in any direction, the site shall conform to all requirements of the UDC and the Corridor Overlay District. P&Z Commissioner Richard Golden voted in opposition, as he felt that this was making it more difficult for the applicant to co -locate at this location as they are not the tower owners. CONSIDERATION & POSSIBLE ACTION — VARIANCE REQUEST NO. 2010-04 REQUESTING A VARIANCE FROM SECTION 2.4.4.5 ( c )(1)( b ) REQUIRING A MINIMUM LOT WIDTH IN THE GC ZONING DISTRICT A request by Danny Cameron, Director of Public Works, City of Pearland, for variance from the requirements of the Unified Development Code Section 2.4.4.5 (c)(1)(b) requiring a minimum lot width of one hundred and fifty feet (150') in the GC Zoning District. Plans and Plat Administrator Richard Keller read the staff report. P&Z Commissioner Neil West made the motion to approve, and P&Z Commissioner Susan Sherrouse seconded. The vote was 6-0. Variance Request No. 2010-04 was approved. DISCUSSION ITEMS 1. Commissioners Activity Report — Commissioner Darrell Diggs did a recap of the National APA conference with regards to the Brown Field Development in the future such as when Hwy 35 is expanded. Planning Director expanded on this and gave examples of a green field, brown field, and gray field. 2. Update of Zoning Cases- - Senior Planner Angela Gantuah briefly commented on the updated cases. 3. Responses to P & Z Questionnaire - Report on Outstanding Items — Planning Director Lata Krishnarao addressed the outstanding items and how they have been addressed. 4. Discussion was brought up by Commissioner Henry Fuertes and budget cutbacks. Commissioner Richard Golden stated he felt the City of Pearland was much better off than most cities. 5. Next P&Z Meeting and JPH Meeting on July 19, 2010 (No meeting July 5, 2010). ADJOURNMENT Minutes of P&Z Regular Meeting 06/21/2010 Page 4 of 5 P&Z Vice -Chairperson Ron Capehart adjourned the meeting at 8:46 p.m. These minutes are respectfully submitted by: Judy Kr ' a, PI ning (DpiceWoordinator Minutes approved as submitted and/or corrected on this 19th day of July 2010, A.D. Minutes of P&Z Regular Meeting 06/21/2010 Page 5 of 5