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2007-07-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JULY 16, 2007 AT 6:30 P.M., IN THE 2"d FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER Temporary Chairperson Neil West called the meeting to order at 9:18 p.m. with the following present: P & Z Commissioner Neil West P & Z Commissioner Henry Fuertes P & Z Commissioner Susan Sherrouse P & Z Commissioner Darrell Diggs Also in attendance were: Assistant City Manager Nick Finan, Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller, Planner Tim Chi, Deputy City Attorney Nghiem Doan, and Planning Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES Commissioner Sherrouse made the motion to approve, and Commissioner Diggs seconded. The vote was 4-0 for approval of the minutes. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION—ZONE CHANGE NO. 2007-08Z A request by Domodar Battu, applicant for Kubera Investments Partnership, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification General Business Retail District (GB) and Single Family Residential – 1 District (R-1) to General Commercial District (GC). Commissioner Diggs made a motion to approve, and Commissioner Fuertes seconded. Deputy City Attorney Doan asked Staff if the applicant wants General Business (GB) zone. Senior Planner Grahmann responded that the applicant had expressed they did not. Commissioner Diggs stated that he was not in favor of changing the zoning to GB without the applicant being present. Commissioner Sherrouse agreed with Commissioner Diggs. Commissioner Fuertes made a motion to amend the Zone Change to General Business (GB). Commissioner West seconded. The vote was 3-1 for the amendment. Commissioner Diggs opposed. The vote was 4-0. The zone change was approved. B. CONSIDERATION & POSSIBLE ACTION—CONDITIONAL USE PERMIT NO. CUP2007-13 A request by Tal -Con and Chris Talbert, applicant for Town Lake, L.P. and Renee McGuire, owner, for approval of a Conditional Use Permit for a "Mini -Warehouse and Self Storage" facility in the General Commercial District (GC). Commissioner Sherrouse made the motion to approve, and Commissioner Diggs seconded. Commissioner Fuertes stated that what he heard during the joint public hearing was this property would be better served as a Planned Development (PD). Commissioner Sherrouse commended the applicant on the quality of work done by West Development, and stated she felt most comfortable with this being a PD. Commissioner West asked Renee McGuire what her thought was of a PD. Ms. McGuire stated that it sounds good, but was concerned with the market, and when this development would actually take place. Commissioner Diggs stated that his concern was the neighborhood. Renee West stated that she spoke to the Homeowners Association after the Joint Public Hearing and was able to settle a lot of their fears in regards to the fence. Commissioner Diggs made a motion to table, but the motion died due to lack of discussion. Commissioner Diggs stated that the public was opposed. Discussion ensued about voting procedures. The vote was 0-4. The CUP was denied for reasons given by Staff, the Commission recommending a PD, and the comments heard at the hearing. C. CONSIDERATION & POSSIBLE ACTION— CONDITIONAL USE PERMIT NO. CUP2007-11 A request by Karen Whitaker, applicant for Massoud Motamedi, owner, for approval of a Conditional Use Permit for a "child day care center" in the Garden O'Day Mixed Use District (GO -MU). Commissioner Diggs made the motion to approve, and Commissioner Sherrouse seconded. Discussion ensued on all aspect of granting the CUP, including discussion of a variance, platting, and tabling the item. The vote was 0-4. The CUP was denied for reasons given by Staff. D. CONSIDERATION & POSSIBLE ACTION—FINAL PLAT OF SILVER LAND CENTER A request by Chris L. Hendrick, Wilson Survey Group, for Fortress Pearland Investments, LLC., owner, for approval of a final plat of 8.2904 acres zoned GB for commercial purposes. The property is located at the South side of F.M. 518 across from Hillhouse Road and is described as follow: In The H.T. & B.R.R. Company Survey, Abstract 309, City of Pearland, Brazoria County, Texas. Plan and Plat Administrator Keller read the Staff report. There were no outstanding items. Commissioner Diggs made the motion to approve, and Commissioner Sherrouse seconded. The vote was 4-0. The plat was approved. E. DISCUSSION ITEMS Upcoming Dates & Meetings were discussed, specifically the Texas APA Conference in Addison, Texas in October 2007. IV. ADJOURNMENT Temporary/Acting Chairperson Neil West adjourned the meeting at 10:29 p.m. These minutes are respectfully submitted by: Judy rajca, Admi'nisUatAe Planning Secretary Minutes approved as submitted and/or corrected on this 6th day of August, A.D., 2007. (? 9, �' a�