2009-04-20 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD
ON APRIL 20, 2009, AT 6:30 P.M., IN THE TEMPORARY MUNICIPAL COURT ROOM,
COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The series of public hearings was called to order at 6:47 p.m. Mayor Tom Reid opened
the hearing for the City Council, and P&Z Chairperson Henry Fuertes opened the hearing
for the Planning and Zoning Commission, with the following present:
Mayor Tom Reid P & Z Chairperson Henry Fuertes
Mayor Pro-Tern Helen Beckman P & Z Vice-Chairperson Jerry Koza, Jr.
Council Member Steve Saboe P & Z Commissioner Neil West
Council Member Woody Owens P & Z Commissioner Charles Gooden, Jr.
Council Member Felicia Kyle P & Z Commissioner Ron Capehart
Council Member Kevin Cole P & Z Commissioner Susan Sherrouse
Also in attendance: City Manager Bill Eisen, Assistant City Manager Mike Hodge,
Assistant City Manager Jon Branson, City Attorney Darrin Coker, Planning Director Lata
Krishnarao, Senior Planner Angela Gantuah, and Planning Administrative Secretary Judy
Krajca.
Senior Planner Angela Gantuah explained the Joint Public Hearing process for the public,
and explained that the Planning & Zoning Commission Meeting would follow the Joint
Public Hearing.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2009-06
at 6:54 p.m.
CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP 2009-06
A request by Medallion Investments V Inc., applicant and owner, for approval of a
Conditional Use Permit for a "Hotel" facility in the Business Park District—288 (BP-
288), on the following described property, to wit:
Legal Description: 3.00 acres of land out of 14.2863 acres of land out of Lots 6
and 7 of a subdivision in the James Hamilton Survey, Abstract
881, in Harris County, Texas, according to the map or plat
thereof recorded in Volume 83, Page 342, of the Deed
Records of Harris County, City of Pearland, Harris County,
Texas
General Location: Located at 1111 SH 288, Pearland, TX 77584
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Senior Planner Angela Gantuah passed out the approval letter for CUP No. 2007-06 and
read the staff report stating the delay was held up due to the city utility project and
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Hurricane Ike, and CUP 2007-06 expired. Staff recommends approval of CUP 2009-06.
The applicant was present but did not speak.
There was no one present to speak for or against the Conditional Use Permit.
Council Member Kevin Cole stated that this was obviously an extenuating circumstance.
P&Z Commissioner Neil West noted there might be some change due to traffic. City
Engineer Narciso Lira replied that a traffic study was completed and showed a growth rate
of 4-5% for a 5 year future projection.
Council Member Felicia Kyle asked when the reassessment was done, and Senior Planner
Angela Gantuah stated in 2007 when the original CUP application was submitted.
P&Z Chairperson Henry Fuertes clarified for the record that this is for one hotel with 100
rooms or less and if a second hotel is to be constructed, the applicant would need to go
through another CUP process.
Council Member Steve Saboe asked P&Z to re-look at the reasons for conditions of the
original CUP approval in 2007.
P&Z Chairperson Henry Fuertes stated that he recalled Commissioner Darrell Diggs asking
for a market study to be done on the hotels coming into Pearland.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2009-
06 at 7:02 p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2009-07
at 7:03 p.m.
CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP2009-07
A request by Vincent Gerard & Associates 0/0 Verizon Wireless, applicant on
behalf of, Thomson 8 MD, owner, for approval of a Conditional Use Permit for a Co-
Location of a Cell Tower Antennae in the Suburban Ranch - 12 District(SR-12), on
the following described property, to wit:
Legal Description: Approximately 5,625 square feet of Lot Three (3) of the
Allison-Richey Gulf Coast Home company subdivision of
Section Ten (10), H.T. & B.R.R. company Survey, Abstract
505, Brazoria County, Texas according to the recorded map
or plat hereof appearing in Volume Two (2), at Page Twenty-
Three (23) of the Plat Records of Brazoria County, Texas
General Location: Located 7702 Thomson St., Pearland, TX 77584
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Senior Planner Angela Gantuah read the report stating staff recommends conditions be
considered on the issues of masonry building or wall enclosure, paved road, and a detailed
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site plan.
Mr. Vincent Huebinger of 1715 Capital Tex Hwy., Suite 207, Austin, Texas, a
representative for Verizon Wireless, spoke and commended the city for keeping a close
look at the location, site, and height of towers.
There was no one present to speak for or against the Conditional Use Permit.
Council Member Kevin Cole inquired if the entire 10 acres was seeking a CUP or just the
5,625 s.f. and what portion would be platted. Senior Planner Angela Gantuah replied the
CUP was for the 10 acres and that the 10 acres would need to be platted, with the issue of
access left between the applicant and the owner.
There was much discussion among the Council/Commission/Staff regarding the
responsibility of the site coming into compliance, who pays for the upgrades, necessity of
the road access and parking. Staff stated the owner is responsible for the property being in
compliance, and American Tower being responsible for upgrades. Council asked the
Commission to consider no sidewalks and no payment in lieu of sidewalks, to use the
existing drive for parking as long as it meets load capacity, no landscaping required, and
waive the need for a fence and buffering to the North and East boundaries
Mr. Vincent Huebinger stated their plan is to enclose the Verizon equipment within a pre-
fabricated shelter.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2009-
07 at 7:50 p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2009-03Z at 7:50 p.m.
CONSIDERATION AND POSSIBLE ACTION — Zone Change No. 2009-03Z
A request by Blake Rue, applicant, on the behalf of Glass 518 Joint Venture, owner,
for approval of a change in zoning district from the classification of General
Commercial (GC) to Planned Development-Multi Family(PD-MF), on the following
described property, to wit:
Legal Description: Being 10.000 acres of land out of the northwest one quarter
of section 17, H.T. and B.R.R. Survey, Abstract 242,
Pearland Texas and being part of the tracts described at
Volume 1757, Page 661 and Volume 1757 Page 665,
Brazoria County Deed Records (BCDR) and being more
particularly described as follows:
General Location: Generally Located East of Cullen Boulevard, West of
Tranquility Lakes Development and South of Broadway.
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Senior Planner Angela Gantuah read the staff report with staff having concerns with nine
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issues.
The applicant, Mr. Blake Rue, 501 Terrace Mountain Drive, Austin, Texas 78746, and
Architect, Mr. Doak Brown, 6517 Mapleridge, Houston, Texas 77081 spoke, specifically
addressing concerns of the sidewalk consisting of crushed granite.
There was no one present to speak for or against the Zone Change.
Council Member Felicia Kyle asked the applicant about the Federal Tax Credit Program
that they are seeking. Discussion ensued among the applicant and Council.
Senior Planner Angela Gantuah went over the outstanding issues.
Mayor Tom Reid stated that he feels this PD is premature to a make a decision tonight,
with 9 items of concern. Council Member Kevin Cole stated he agreed and these concerns
needed to be addressed in a final PD document.
Discussion ensued among the Council/Commission/Staff with regards to the access road
off of Broadway to the subject property, the Federal Tax Credit Grant and the timeline of
approval being July 27, 2009, and the location of the detention area needed to be resolved.
The applicant stated they were in the process of negotiating the offsite storm water
agreement with the owner, Renee West McGuire.
A 1 0th
item of concern was added with regards to the impervious lot coverage. Mayor Pro-
Tern Helen Beckman commented that she was not in favor of a lot coverage deviation.
City Attorney Darrin Coker stated the PD could not be approved with conditions, as that
would be the same as approving contingent zoning.
Senior Planner Angela Gantuah reviewed the 10 outstanding issues and revisions of the
deviation request.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2009-03Z at 8:35 p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of hearings at 8:35 p.m.
These minutes are respectfully submitted by:
Jud Krajc
Pf�
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 11th day of s - , 2009, A.D.
ayor Tom Reid
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