2010-10-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD OCTOBER 18, 2010
AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND,TEXAS
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P&Z Chairperson Jerry Koza, Jr. called the meeting to order at 10:55 p.m. with the
following present:
P&Z Chairperson Jerry Koza, Jr.
P&Z Vice -Chairperson Ron Capehart
P&Z Commissioner Neil West
P&Z Commissioner Henry Fuertes
P&Z Commissioner Darrell Diggs
P&Z Commissioner Richard Golden
Also in attendance were: Planning Director Lata Krishnarao, Planner I Ian Clowes,
Deputy City Attorney Nghiem Doan, Assistant City Manager Mike Hodge, and Office
Coordinator Judy Krajca.
P&Z Commissioner Susan Sherrouse was not present.
APPROVAL OF MINUTES
P&Z Vice -Chairperson Ron Capehart made the motion to approve the minutes of the
October 4, 2010 Regular Meeting, and P&Z Commissioner Richard Golden seconded
the motion.
The vote was 6-0. The minutes of October 18, 2010 were approved.
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
CUP 2010-07
A request of Thomas Offenburger, applicant for Silverlake Congregation of Jehovah's
Witnesses c/o Benny Gutierrez, owner, for approval of a Conditional Use Permit to allow
a Church Facility in the Single Family Residential (R1) zone, on the following described
property:
Legal Description: Approximately 4.835 acres of land, in the H.T. & B.R.R. Co. Survey,
A-509, Being The Remainder of a Called 5 Acre Tract of the Karl Dudley Steel Survey
as Recorded in C.F. NO. 99-05721 and C.F. NO. 00-07207 Official Records of Brazoria
County, Brazoria County, Texas �11IF(F F�nnl
Minutes of P&Z Regular Meeting
10/18/2010
Page 1 of 5
NOV 0 4 2010
CITY OF PEML-AND
CITY SECRETARY'S OFFICE
General Location: 3545 Harkey Rd, Pearland, Texas
Planner I Ian Clowes read the staff report.
P&Z Vice -Chairperson Ron Capehart made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
There was discussion among the Commission and Staff with regards to staffs'
comments:
1) The proposed project shall use the development standards for the General
Business (GB) zoning district (parking, fagade, screening, landscaping, fencing,
signage, etc.).
2) All other requirements of the Unified Development Code shall be met.
P&Z Vice -Chairperson Ron Capehart changed his motion for approval to include staffs
conditions of approval and a stipulation limiting the square footage of all buildings on
site to 10,000 s.f., and P&Z Commissioner Darrell Diggs seconded the motion.
The vote was 6-0. Conditional Use Permit No. CUP 2010-07 was approved with
conditions.
CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
CUP 2010-08
A request of CenterPoint Energy, applicant and owner, for approval of a Conditional
Use Permit for an Automated Meter Systems Tower on the following described property:
Legal Description: Approximately 1.995 acres out of the T.J. Green Survey, Abstract
No. 198, recorded in Vol. 961, Pg. 91 of the Brazoria County Deed Records, City of
Pearland, Brazoria County, Texas
General Location: 2617 Broadway St. Pearland, Texas
Planner I Ian Clowes read the staff report.
P&Z Vice -Chairperson Ron Capehart made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
P&Z Vice -Chairperson Ron Capehart asked the applicant if the monopole is used,
would it have a dish on top. A representative from CenterPoint Energy replied yes, and
the dish would be 2 ft. to 4 ft. in size. P&Z Commissioner Darrell Diggs inquired how
the tower would be stealth. The representative from CenterPoint Energy replied it
would be thinner at the top, than the bottom.
Discussion ensued with regards to the need for such a tower.
Minutes of P&Z Regular Meeting
10/18/2010
Page 2 of 5
P&Z Vice -Chairperson Ron Capehart made the motion to postpone until the applicant
can return with a complete application, and P&Z Commissioner Richard Golden
seconded.
The vote was 6-0 to postpone Conditional Use Permit No. CUP 2010-08.
CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
CUP 2010-09
A request of Kevin Cole, applicant for Patricia Casey and Claudia Lang, owners, for
approval of a Conditional Use Permit to allow a Church Facility in the Single Family
Residential (R1) zone, on the following described property:
Legal Description: Lot 64E -65D, A0070 of the W.D.C. Hall Survey, City of Pearland,
Brazoria County, Texas
General Location: Northeast intersection of Dixie Farm Rd and McDonald St.
Planner I Ian Clowes read the staff report.
P&Z Vice -Chairperson Ron Capehart made the motion to approve, and P&Z
Commissioner Neil West seconded.
P&Z Commissioner Darrell Diggs stated that without a site plan, it was hard to make a
decision. P&Z Commissioner Henry Fuertes stated he heard concerns at the public
hearing with regards to traffic, and flooding, but felt these issues would be addressed
with the city ordinances. P&Z Vice -Chairperson Ron Capehart concurred with this
statement. Much discussion ensued.
Planning Director Lata Krishnarao stated there were concerns with the neighbors. A
condition of approval could be made with regards to the site plan, and other concerns
such as no entrance on McDonald Rd, and the buffer. The applicant Kevin Cole
showed a brief demonstration of where the church might be located, and the parking.
P&Z Commission Darrell Diggs stated he was inclined to postpone until a design or
sketch could be reviewed.
P&Z Commissioner Darrell Diggs made the motion to postpone until a site plan was
brought in. Much discussion ensued. P&Z Vice -Chairperson Ron Capehart seconded.
The vote was 5-1. Conditional Use Permit No. CUP 2010-09 was postponed. P&Z
Chairperson Jerry Koza, Jr. voted in opposition.
Minutes of P&Z Regular Meeting
10/18/2010
Page 3 of 5
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE NO. 2010-07Z
A request of Crown Warehouse Service Inc, applicant and owner, for approval of a
Planned Development (PD) amendment on the following described property
Legal Description: Approximately 3.0 Acre Tract of land out of a 10 Acre Tract, a
residue of D. H, Stripling12.000 Acre Tract recorded Volume 868, Page 239 of the
Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. & B. R.
R. Co. Survey, Sec. 7, A-219 as recorded in Volume 595, Page 63 of the Deed of
Records of Brazoria County, Texas
General Location: 6301 Broadway Street
Planner I Ian Clowes read the staff report.
P&Z Vice -Chairperson Ron Capehart made the motion to approve, and P&Z
Commissioner Neil West seconded.
The Commission and Staff discussed the Planned Development and uses that would be
allowed and adding restrictions such as height limitations.
P&Z Commissioner Darrell Diggs excused himself at 12:20 a.m.
The vote was 5-0. Zone Change No. 2010-07Z was approved.
P&Z Commissioner Darrell Diggs returned at 12:22 a.m.
P&Z Commissioner Neil West asked Deputy City Attorney Nghiem Doan if he could
make a motion to reconsider Conditional Use Permit No. 2010-09 for a revote. Deputy
City Attorney Nghiem Doan replied yes, as long as it was made by a Commissioner that
voted in favor.
P&Z Commission Neil West made the motion to reconsider the vote to postpone
Conditional Use Permit No. 2010-09, and P&Z Commissioner Richard Golden
seconded.
The vote was 2-4. The vote failed, and Conditional Use Permit No. 2010-09 remains
postponed.
DISCUSSION ITEMS
There was no discussion under Commissioners Activity Report. Planning Director Lata
Krishnarao thanked the Commission for attending the Strategic Plan Workshop on
October 16, 2010.
Minutes of P&Z Regular Meeting
10/18/2010
Page 4 of 5
ADJOURNMENT
P&Z Chairperson Jerry Koza, Jr. adjourned the meeting at 12:33 a.m. on October 19,
2010.
These minutes are respectfully submitted by:
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Judy K ;Arming Coordinator
Minutes approved as submitted and/or corrected on this 1st day of November 2010,
A.D.
P&Z Commissioner
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Minutes of P&Z Regular Meeting
10/18/2010
Page 5 of 5