2011-03-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD MARCH 21, 2011 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 Susan Sherrouse called the meeting to order at 8:25 p.m. with
the following present:
P&Z Vice -Chairperson Susan Sherrouse
P&Z Commissioner Richard Golden
P&Z Commissioner Henry Fuertes
P&Z Commissioner Neil West
P&Z Commissioner Darrell Diggs
Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Harold
Ellis, Planner II Evan DuVall, Planner I Ian Clowes, Deputy City Attorney Nghiem Doan
and Planning Office Coordinator Judy Krajca.
APPROVAL OF MINUTES
P&Z Commissioner Richard Golden made the motion to approve the minutes of the
Regular Meeting of March 7, 2011, and P&Z Commissioner Henry Fuertes seconded.
The vote was 5-0. The minutes of March 7, 2011 were approved.
BUSINESS
OLD BUSINESS
CONSIDERATION & 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.96, 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 updates that were made.
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March 21, 2011
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P&Z Commissioner Neil West made the motion to approve, and P&Z Henry Fuertes
seconded.
P&Z Commissioner Henry Fuertes asked if the wires would be inside the monopole, and
a representative from CenterPoint Energy stated yes.
P&Z Commissioner Darrell Diggs asked if the pole was designed to meet the required
wind speed. Planning Director Lata Krishnarao stated that the Engineering department
would review during the permit stage.
Planning Director Lata Krishnarao inquired if the commission wanted to include the
verbiage pertaining to the landscaping.
P&Z Commissioner Neil West amended his motion to add the language to include
landscaping on the corridor overlay along Broadway.
The vote was 5-0. Conditional Use Permit No. 2010-08 was approved.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP
2011-03
A request of Sprint Nextel c/o Alan Haggard, applicant for Barnett Ranching and Land
Management, owner, for approval of a Conditional Use Permit to allow for co -location of
additional antennas on an existing tower, in the General Commercial (GC) zone, on the
following described property, to wit:
Legal Description: Being 0.4905 acres of land out of Lots 3 and 4 and being 1.6819
acres of land out of lots 4 and 5 of the George W. Jenkins Subdivision as recorded in
Volume 2, Page 20, Brazoria County Plat Records, located in the Perry and Austin
League, Abstract No., 111, Brazoria County, Texas
General Location: 1417 E. Broadway, Pearland Texas
Senior Planner Harold Ellis read the staff report stating staff recommends approval.
There was minimum discussion.
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Neil West seconded.
The vote was 5-0. Conditional Use Permit No. 2011-03 was approved.
P&Z Minutes
March 21, 2011
Page 2 of 9
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
CUP2011-04
A request of Rev. B.V. Barnett, applicant and owner, for approval of a Conditional Use
Permit to allow the operation of a consignment shop, in the Office Professional (OP)
zone, on the following described property, to wit:
Legal Description: Approximately 0.550 Acre Certain Tract of Land out of the northwest
one-fourth (M.W. 1/4th) of the H.T. B.RR CO. Survey, Section eleven (11), Abstract
239, Brazoria County, Texas.
General Location: 4904 Walnut Street, Pearland Texas
Senior Planner Harold Ellis read the three conditions staff recommended.
1. No outside commercial related activities
2. No outside storage on site
3. No commercial vehicle storage
P&Z Commissioner Darrell Diggs made the motion to approve, and P&Z Commissioner
Henry Fuertes seconded.
There was much discussion with regards to outside storage being allowed in an Office
Professional district, and buffering between the residents.
Planning Director Lata Krishnarao stated that conditions on a Conditional Use permit
are beneficial and staff recommends the three conditions be added.
P&Z Commissioner Richard Golden made the motion to amend the motion with
conditions, and P&Z Vice -Chairperson Susan Sherrouse seconded with the following
conditions:
1. No outside commercial related activities
2. No outside storage on site
3. No commercial vehicle storage
The vote was 4-1. The motion to amend was approved. P&Z Commissioner Darrell
Diggs voted in opposition.
The vote was 5-0. The motion to approved Conditional Use Permit No. 2011-04 was
approved with the following conditions:
1. No outside commercial related activities
2. No outside storage on site
3. No commercial vehicle storage
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
CUP2011-05
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March 21, 2011
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A request of Airgas Specialty Gases, owner, for approval of a Conditional Use Permit to
allow for Petroleum or Petroleum Product Extraction, Refining Manufacturer, or Bulk
Storage, in the Heavy Industrial (M-2) District, on the following described property, to
wit:
Legal Description: 29.43 acres of land, being a part of the H.T. & B. R.R. Company
Survey, Section 27, Abstract 308. The G. C. Smith survey, section 28, Abstract 551,
City of Pearland, Brazoria County, Texas, and being part of lots 172 and 173 of the
Zychlinski subdivision recorded in volume 29, page 9, deed records of Brazoria County,
Texas, and being all of that certain 14.7071 acre tract described in a deed to Airgas
Specialty Gases, Inc. recorded in Clerk's File 2007-000736 and all of that certain
14.7075 acre tract described in a deed to Airgas Specialty Gases, Inc. recorded in
Clerk's File 2007-000739.
General Location: 4344 S. Main Street
Senior Planner Harold Ellis read the staff report.
P&Z Commissioner Richard Golden made the motion to approve, and P&Z Commission
Henry Fuertes seconded.
There was minimal discussion.
The vote was 5-0. Conditional Use Permit No. CUP 2011-05 was approved.
CONSIDERATION & POSSIBLE ACTION —ZONE CHANGE NO. 2011-02Z
A request of Kerry R. Gilbert & Assoc., applicant on behalf of Taylor Morrison of Texas
Inc., owner, for approval of an amendment of the Southern Trails Planned Unit
Development (PUD), for multiple tracts of land including approximately 522.62 acres,
generally located south of Broadway Street and Southern Trails Drive, and referred to
as The Southern Trails Planned Unit Development, on the following described property,
to wit:
Legal Description: Being a 522.62 acre tract of land situated in the H.T. & B. RR Co.
Survey, Section 80, Abstract 564 and the H.T. & B. RR Co. Survey, Section 80, Abstract
538, City of Pearland, Brazoria County, Texas; being all of a called 120.134 acre tract of
land described in a deed recorded Volume (90) 820, Page 217, Volume (91) 866, Page
357 and Volume (92) 994, Page 172 all of the Brazoria County Deed Records, and Lots
3 through 8, 11 through 18, 20 through 26, 27 through 34, Lots 37 & 38 and the west Y2
of Lot 39, all of Lots 42, 43, 44, 45, 52 through 55 and 8.11 acres of Lot 56 of the
Allison -Richey Gulf Coast Home Company subdivision recorded in Volume 2, Page 98
of the Brazoria County Map Records.
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March 21, 2011
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General Location: South of Broadway Street and Southern Trails Drive, and referred to
as The Southern Trails Planned Unit Development.
Planner II Evan DuVall read the staff report recommending approval with conditions.
P&Z Commissioner Neil West made the motion to approve, and P&Z Commissioner
Darrell Diggs seconded.
P&Z Commissioner Richard Golden stated the conditions need to be included in the
motion.
P&Z Commissioner Richard Golden made the motion to amend to the motion, and P&Z
Commissioner Henry Fuertes seconded with the following conditions:
1. Provide additional information on Exhibit "E" Sidewalk on east and west side of
Kingsley.
2. Revise language within the document to state that sidewalks will be constructed
by the developer, instead of the current language that has a permit in lieu of
options.
P&Z Commissioner Henry Fuertes spoke up stating that clarification was needed to
show the church that is in the far east portion of the PUD.
There was much discussion with regards to notification, and it was decided that the
Legal Department would look into this further, to ensure that all property owners were
notified.
The vote was 5-0. Zone Change No. 2011-02Z was approved with the following
conditions:
1. Provide additional information on Exhibit "E" Sidewalk on east and west side of
Kingsley.
2. Revise language within the document to state that sidewalks will be constructed
by the developer, instead of the current language that has a permit in lieu of
options.
CONSIDERATION & POSSIBLE ACTION —ZONE CHANGE NO. 2011-03Z
A request of Burt H. Chrisman, Jr., owner and applicant, for approval of a zone change
from the Neighborhood Service (NS) zone, to Single -Family Residential -2 (R-2) zone for
approximately 6.8 acres on the following described property, to wit:
Legal Description: Lot one (1) of Worrell Addition, being a 6.8651 acre tract out of the
T.D. Yoakum survey abstract 399 and ACH & B survey abstract 147, Pearland, Brazoria
County, Texas.
General Location: 2801 John Lizer
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March 21, 2011
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P&Z Commissioner Neil West made the motion to approve, and P&Z Commissioner
Richard Golden seconded.
The vote was 5-0. Zone Change No. 2011-03Z was approved.
CONSIDERATION & POSSIBLE ACTION — REQUEST FOR A WAIVER OF
DECISION FOR FINAL PLAT OF SOUTHERN TRAILS WEST SECTION THREE
equest by Carol Redd, Edminster Hinshaw Russ and Associates, for Stoddard
Decision up, Ltd., owner, for approval of a Final Plat of 31.5723 acres in the Southern Trails
Date ined Unit Development. The applicant is proposing 125 single-family lots and 5
3/25/11 z,rye areas for landscaping and utilities located south of Broadway west of Kingsley
Drive and the property is described as follows:
Legal Description: Being a subdivision of 31.5723 acres in the H.T & B. R.R. Survey,
Section 84, A-538, City of Pearland, Brazoria County, Texas.
Planner II Evan DuVall read the staff report stating staff recommends approval of the
Waiver of Decision.
P&Z Commissioner Darrell Diggs made the motion to approve, and P&Z Commissioner
Richard Golden seconded.
The vote was 5-0. The Request for a Waiver of Decision for Final Plat of Southern
Trails West Section Three was approved.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF SOUTHERN TRAILS
WEST SECTION THREE
equest by Carol Redd, Edminster Hinshaw Russ and Associates, for Stoddard
Decision up, Ltd., owner, for approval of a Final Plat of 31.5723 acres in the Southern Trails
Date ined Unit Development. The applicant is proposing 125 single-family lots and 5
3/25/11 rve areas for landscaping and utilities located south of Broadway west of Kingsley
Drive and the property is described as follows:
Legal Description: Being a subdivision of 31.5723 acres in the H.T & B. R.R. Survey,
Section 84, A-538, City of Pearland, Brazoria County, Texas.
No action necessary.
CONSIDERATION & POSSIBLE ACTION — MASTER PLAT OF THE PRESERVE AT
CLEAR CREEK
P&Z Minutes
March 21, 2011
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A request of Kerry R. Gilbert & Assoc., applicant, on behalf of Beazer Homes, for
approval of a Master Plat for The Preserve at Clear Creek, generally located east of
Pearland Parkway, generally located north of proposed Hughes Road and east of Clear
Creek, for (3) tracts of land including approximately 130 acres, on the following
described property, to wit
Legal Description: 61.217 acres of land located in the Derril H.M. Hunter Survey,
Abstract 36, Harris County, Texas, more particularly being a portion of that certain
called 155.4029 acre tract (designated as Partition No. 5) of record in Volume (91) 880,
Page 476, Official Records of Brazoria County (B.C.O.R.) and File No. R840236,
Official Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.); and
being 56.233 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris
County, Texas more particularly being a portion of a called 181.6209 acre tract
conveyed to Sue Alexander Morrison, by instrument of record in Volume 1596, Page 93,
Deed Records of said Brazoria County Deed Records, and File No. H178351, Official
Public Records of said Harris County (H.C.O.P.R.R.P.); and being 12.810 acres of land
located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more
particularly being all of that certain called 12.597 acre tract conveyed to Clear Brook
City Municipal Utility District, by an instrument of record in File No. U800015, Official
Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.).
Planner II Evan Duvall read the staff report.
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Richard Golden seconded.
Mr. Kerry Gilbert spoke of a mistake on the Master Plat referencing Reserve C and that
it will be in Phase II, instead of Phase I. He also stated that they are waiting on the
Core of Engineers to tell them where the wetlands are.
P&Z Commissioner Henry Fuertes recommended they amend the motion to include
Reserve C be moved from Phase I to Phase II, and P&Z Commissioner Richard Golden
seconded.
The vote was 5-0. The Master Plat of the Preserve at Clear Creek was approved.
CONSIDERATION & POSSIBLE ACTION — PRELIMINARY PLAT OF PHASE ONE
OF THE PRESERVE AT CLEAR CREEK
A request of Kerry R. Gilbert & Assoc., applicant, on behalf of Beazer Homes for
approval of a Preliminary Plat for Phase I of The Preserve at Clear Creek, generally
located east of Pearland Parkway, generally located north of proposed Hughes Road
and east of Clear Creek, for (3) tracts of land including approximately 130 acres, on the
following described property, to wit
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March 21, 2011
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Legal Description: 61.217 acres of land located in the Derril H.M. Hunter Survey,
Abstract 36, Harris County, Texas, more particularly being a portion of that certain
called 155.4029 acre tract (designated as Partition No. 5) of record in Volume (91) 880,
Page 476, Official Records of Brazoria County (B.C.O.R.) and File No. R840236,
Official Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.); and
being 56.233 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris
County, Texas more particularly being a portion of a called 181.6209 acre tract
conveyed to Sue Alexander Morrison, by instrument of record in Volume 1596, Page 93,
Deed Records of said Brazoria County Deed Records, and File No. H178351, Official
Public Records of said Harris County (H.C.O.P.R.R.P.); and being 12.810 acres of land
located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more
particularly being all of that certain called 12.597 acre tract conveyed to Clear Brook
City Municipal Utility District, by an instrument of record in File No. U800015, Official
Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.).
Planner II Evan DuVall read the staff report, stating there were two items to be noted:
1. Access on Barry rose must be in place before approving the final plat
2. Change Reserve C from Phase I to Phase II
P&Z Commissioner Darrell Diggs made the motion to approve, and P&Z Commissioner
Neil West seconded with the following conditions:
1. Access on Barry rose must be in place before approving the final plat
2. Change Reserve C from Phase I to Phase II
The vote was 5-0. The Preliminary Plat of Phase One of the Preserve at Clear Creek
was approved with conditions.
P&Z Vice -Chairperson Susan Sherrouse recessed the meeting at 10:00 p.m.
P&Z Vice -Chairperson Susan Sherrouse reconvened the meeting at 10:06 p.m.
DISCUSSION ITEMS
Commissioner's Activity Report: P&Z Vice -Chairperson Susan Sherrouse stated she is
running for City Council.
P&Z Strategic Priorities — Work Plan was discussed by Planning Director Lata
Krishnarao.
The proposed Annexation Area 5 public hearing is set for April 18, 2011.
Planning Office Coordinator Judy Krajca informed the commission of the upcoming
Planning Day #15 to be held on March 24, 2011.
The next P&Z meeting will be on April 4, 2011, as well as the Webinar for Cell Towers.
ADJOURNMENT
P&Z Vice -Chairperson Susan Sherrouse adjourned the meeting at 10:30 p.m.
P&Z Minutes
March 21, 2011
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These mi es are res ectfully submitted by:
Judy 4466, f9annihg OffICACoo inator
Minutes approved as submitted and/or corrected on this 18th day of April 2011, A.D.
)L
P&4 V e -Chairperson Susan Sherrouse
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March 21, 2011
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