2011-06-20 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 20, 2011 AT 6:30
P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND,TEXAS
CALL TO ORDER
P&Z Chairperson Jerry Koza, Jr. called the meeting to order at 8:37 p.m. with the
following present:
P&Z Chairperson Jerry Koza, Jr.
P&Z Vice -Chairperson Susan Sherrouse
P&Z Commissioner Henry Fuertes
P&Z Commissioner Richard Golden
P&Z Commissioner Neil West
Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Harold
Ellis, Planner II Evan DuVall, Planner I Ian Clowes, Assistant City Manager Mike Hodge,
Deputy City Attorney Nghiem Doan and Planning Office Coordinator Judy Krajca.
APPROVAL OF MINUTES
P&Z Vice -Chairman Susan Sherrouse made the motion to approve the minutes of the
Regular Meeting of June 6, 2011, and P&Z Commissioner Henry Fuertes seconded.
The vote was 5-0. The minutes of June 6, 2011 were approved.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2011-07Z
A request of J.G. Meade, Executor of Myrtlee Meade Estate, owner, for approval of a
zone change from the Single -Family Residential Estate (R -E) zone, to General
Business (GB) zone for approximately 18 acres on the following described property, to
wit:
Legal Description: Field Note Description of a 20.00 Acre Tract of Land Being all of
Lots 10 and 14 of Kanawha -Texas Company Subdivision of parts of Sections 18 and
22, H.T. & B. R.R. CO., according to the Map or Plat thereof Recorded in Volume 2,
Page 51, of the Plat Records of Brazoria County, Texas;
SAVE AND EXCEPT that 2.000 acre tract described as follows:
Field Note Description of a 2.000 Acre Tract of Land Being out of Lot 14, of Kanawha -
Texas Company Subdivision of Parts of Section 18 & 22, H.T. & B. R.R. CO., According
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to the Map or Plat thereof Recorded in Volume 2, Page 51 of the Plat Records of
Brazoria County, Texas.
General Location: Northwest Corner of Manvel Rd and Bailey Rd.
Senior Planner Harold Ellis read the staff report stating staff recommended approval of
the zone change.
Discussion ensued about the ownership of the property near the school and the
detention area.
P&Z Commissioner Henry Fuertes inquired about the southeast corner being in the
Pearland ETJ, and the southwest corner being in the Manvel ETJ. Discussion ensued
further.
P&Z Commissioner Henry Fuertes asked the question "do we want to allow a General
Business (GB) zone next to a school'. Discussion ensued with the land being better
suited for the property being zoned Neighborhood Services (NS) with a CUP to allow a
dance studio.
Discussion further ensued with regards to the retail node at the intersection of FM 1128
and CR 101. P&Z Commission Henry Fuertes stated he was still concerned with the
node acreage, and GB zone next to the school and the neighborhood. He asked if this
was the highest and best use of the land.
P&Z Commissioner Richard Golden stated this is a major intersection, and Planning
Director Lata Krishnarao referred to the Thoroughfare plan being based on population
and nodes at intersections. P&Z Commissioner Henry Fuertes stated he does not
foresee a big box store coming to this location, and therefore feels that GB zone is not
the best use of this land. Planning Director Lata Krishnarao stated that staff could
speak with the applicant about submitting for a NS zone with a CUP for the dance
studio.
P&Z Commissioner Henry Fuertes made the motion to postpone Zone Change No.
2011-07Z, and P&Z Vice -Chairperson Susan Sherrouse seconded.
The vote was 4-1. Zone Change No. 2011-07Z was approved. P&Z Chairperson Jerry
Koza, Jr. voted in opposition.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2011-08Z
A request of SHT/Kirby, LTD., a Texas limited partnership, applicant, for approval of a
zone change from the Spectrum District 1 (SP1) zone, to Planned Development (PD)
zone for 11.9337 acres on the following described property, to wit:
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Legal Description: Being a tract or parcel of land containing 11.9337 acres of land or
519,832 square feet, located in the James Hamilton Survey, Abstract 876, Harris
County, Texas, Said 11.9337 acre tract being out of and a part of a 36.166 acre tract of
record in the name of SHT/Kirby, Ltd. In Harris County Clerk's File (H.C.C.F.) Number
20080049996, said 36.166 acre tract being out of and part of Block "F" of the Allison -
Richey Gulf Coast Homes Subdivision of record in Volume 3, Page 40 in the Map
Records of Harris County, Texas
General Location: Northwest Corner of Kirby Drive and Riley Road
Senior Planner Harold Ellis read the staff report stating staff recommends approval of
the zone change to a PD zone.
P&Z Commissioner Richard Golden made the motion to approve, and P&Z
Commissioner Henry Fuertes seconded.
P&Z Chairperson Jerry Koza, Jr. expressed concern over the lack of a regional
detention plan for the Spectrum area and felt the city needs to move forward quickly to
get this in place so that each applicant does not have to put in a detention area. P&Z
Commissioner Henry Fuertes also expressed concern over the detention area taking up
parking spaces. Planning Director Lata Krishnarao addressed this concern by stating a
regional detention plan for the area is in the works.
The vote was 5-0. Zone Change No. 2011-08Z was approved.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2011-
07
A request of Steve Upham, applicant, on behalf of First Church of Pearland, owner, for
approval of a Conditional Use Permit to allow for an alternative building material (new
technology) from what is permitted by -right in the City of Pearland's Unified
Development Code for an exterior building fagade material, in the General Business
(GB) and Single -Family Residential -1 (R-1) District, on the following described property,
to wit:
Legal Description: Brazoria CAD Property ID: 266468
Willetts (A0070 W D C Hall) (Pearland), Lot 1 B -2A -25 -25B -25C -25D, Acres 10.320
AND
Legal Description: Brazoria CAD Property ID: 232449
Naggegang (A0070 W D C Hall) (Pearland), Lot 32, Acres 1.00
General Location: First Church of Pearland, 1850 E. Broadway
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Senior Planner Harold Ellis read the staff report stating staff recommends denial due to
the alternative material being proposed not being in character with the surrounding
area.
Assistant City Manager Mike Hodge added that the Unified Development Code requires
Masonry exterior. The proposed structure does not meet the UDC requirements, and
so the question before the Commission is are they willing to allow this.
Much discussion ensued with regards to the site being seen from Broadway along the
main corridor, as well as the issue of the site being seen from the surrounding
neighborhood. P&Z Vice -Chairperson Susan Sherrouse stated that the UDC requires
consideration similar to masonry, and this is not similar to masonry, then we as the
Commission would be overruling our own rules. P&Z Commissioner Richard Golden
stated in the past, the Commission has held firm to the UDC code on sites much less
visible than this site.
Discussion ensued with regards to transparency. The applicant asked if the
transparency requirement would be required if future buildings were placed in front of
the structure; but added that if required, they would provide the required transparency.
P&Z Chairperson Jerry Koza, Jr. asked if staff had received any comments. Senior
Planner Harold Ellis replied there were two in favor, and two in opposition.
P&Z Commissioner Richard Golden stated he does not like the way this looks
aesthetically. P&Z Commissioner Henry Fuertes stated that at 400 feet back, he is not
sure he can tell the roof material. His biggest concern was with the neighbors opposing.
Mr. Fuertes added that he wonders who was there first, and if the neighbors truly
thought nothing would be developed on the vacant land in the future.
Discussion ensued with regards to the site plan and the landscaping. Planning Director
Lata Krishnarao stated that if the Commission is going to consider approval, they might
want to request substantial landscaping for screening. Planning Director Lata
Krishnarao stated that staff is willing to work with the applicant.
Planning Director Lata Krishnarao apologized that staff may not seem as prepared as
they should be; however, the presentation that the applicant presented tonight was the
first time staff viewed this, and the original application changed from being a temporary
structure to a permanent structure.
Planning Director Lata Krishnarao asked the Commission to consider if they are okay
with the material. Then the item could be postponed until staff could meet with the
applicant and work out the conditions set forth by the Commission.
P&Z Commissioner Henry Fuertes recommended postponing the meeting, and P&Z
Commissioner Neil West stated he agreed.
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P&Z Commissioner Henry Fuertes made the motion to postpone, and P&Z
Commissioner Richard Golden seconded.
The vote was 5-0. Conditional Use Permit No. 2011-07 was postponed.
CONSIDERATION & POSSIBLE ACTION- CONDITIONAL USE PERMIT NO. 2011-08
A request of The Church for All People, applicant and owner, for approval of a
Conditional Use Permit to allow for a Church in the Single -Family Residential -1 (R-1)
and Single -Family Residential -2 (R-2) District, on the following described property, to
wit:
Legal Description: 4.7417 acre tract of land, Reserve "A" of the Final Plat of Twin
Wood Subdivision, being a part of a 25.839 acre tract out of Tracts 72, 77, 92, and 93 of
the Zychinski's Subdivision of Section 1, H.T. & B.R.R. Company Survey, Abstract 233,
and being a part of Tract 1 and Tract 2, as recorded in Volume 1437, Page 605, of the
Brazoria County Deed Records, City of Pearland, Brazoria County, Texas
General Location: 1255 Old Alvin Road, East Side of Old Alvin Road and approximately
110' South of Glastonbury Drive
Senior Planner Harold Ellis read the staff report stating staff was in favor of the CUP.
P&Z Vice -Chairperson Susan Sherrouse made the motion to approve, and P&Z
Commissioner Henry Fuertes seconded.
There was not discussion or conditions
The vote was 5-0. Conditional Use Permit No. 2011-08 was approved
DISCUSSION ITEMS
1. Under Commissioners Activity Report, P&Z Commissioner Henry Fuertes talked
about the timeline for an applicant to obtain a permit.
2. Planning Director Lata Krishnarao talked briefly on the progress of the 2011 P&Z
Strategic Priorities.
3. Update of Annexation Area 5 was discussed stating the items have been postponed
as the City is working on an agreement with Denbury Onshore, LLC.
4. There will be no P&Z Meeting on July 4, 2011 due to it being a holiday.
5. Next P&Z Meeting will be on July 18, 2011.
6. Election of Officers will be on July 18, 2011.
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ADJOURNMENT
P&Z Chairperson Jerry Koza, Jr. adjourned the P&Z Regular Meeting at 9:48 p.m.
These minutes are respectfully submitted by:
Judy jca, Planning O ice itoordinator
Minutes approved as submitted and/or corrected on this 18th day of July 2011, A.D.
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