2007-09-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, HELD SEPTEMBER 17, 2007 AT 6:30 P.M., IN THE 2ND
FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS
I. CALL TO ORDER
Chairperson Ruby Sandars called the meeting to order at 10:08 p.m. with
the following present:
P & Z Chairperson Ruby Sandars
Vice -Chairperson Henry Fuertes
P & Z Commissioner Neil West
P & Z Commissioner Jerry Koza, Jr.
P & Z Commissioner Sheryl Greiner
P & Z Commissioner Darrell Diggs
Also in attendance were: 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 Greiner made the motion to approve, and Vice -Chairperson
Fuertes seconded with a correction to page 3. The vote was 7-0 for
approval of the minutes of August 20, 2007, with a correction to page 3.
II. NEW BUSINESS
A. Zone Change No. 2007-13Z
A request by New Life Lutheran Church, applicant for Robert Alexander
and Tom Alexander, owners, 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 Single Family Residential — 2 District (R-2) and
General Business Retail District (GB) to Office and Professional District
(OP), on the property,
Generally located on the West Side of Pearland Parkway, and on the
South Side of Barry Rose Road.
Commissioner Koza, Jr. made the motion to approve, and Vice -
Chairperson Fuertes seconded.
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There was much discussion among the Commission whether to table until
a Conditional Use Permit (CUP) is brought in, or to recommend a Planned
Development (PD).
Commissioner West made the motion to table, and Commissioner Greiner
seconded.
The vote failed 2-3 to table the zone change.
The Commission voted on the original motion to approve. The vote for
Zone Change No. 2007-13Z was 3-2. Vice Chairperson Fuertes and
Chairperson Sandars voted against the motion to approve. The Zone
Change passed.
B. Conditional Use Permit No. CUP2007-14
A request by The Church For All People, applicant for Ronald Smith,
owner, for approval of a Conditional Use Permit for a "church/place of
worship" in the Single Family Residential — 1 District (R-1) and the Single
Family Residential — 2 District (R-2), on the following described property,
generally located on the East Side of Old Alvin Road, and Approximately
110 Feet South of Glastonbury Drive.
Commissioner Koza, Jr. made the motion to approve, and Vice -
Chairperson Fuertes seconded.
Planning Director Krishnarao mentioned that staff had made several
recommendations in the Staff report.
Vice -Chairperson Fuertes made the motion to amend the original motion
to include Staff's comments, and Commissioner West seconded.
The vote to amend the motion was 5-0. The amended motion was
approved.
The vote for the motion was 5-0. The motion was approved, with Staff's
recommendations.
C. Conditional Use Permit No. CUP2007-15
A request by Bredero Shaw, applicant for Bell Bottom Foundation, owner,
for approval of a Conditional Use Permit for a "pipe storage yard" in the
General Commercial District (GC), on the following described property,
generally located on the East Side of State Highway 35 (Main Street), and
Approximately 300 Feet North of Knapp Road.
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Commissioner Koza, Jr. made the motion to approve, and Vice -
Chairperson Fuertes seconded.
The vote was 0-5. The Conditional Use Permit failed for reasons given by
the residents, namely traffic, noise, dust, and quality of life.
D. Conditional Use Permit No. CUP2007-16
A request by Pierre Nys, owner, for approval of a Conditional Use Permit
for a "wireless network pole with security cameras" in the Suburban
Residential – 12 District (SR -12), on the following described property,
generally located on the East and West Sides of Aubrell Road, on the
North Side of Becky Lane, and on the North and South Sides of Songbird
Drive.
Commissioner Greiner made the motion to approve, and Commissioner
Koza, Jr. seconded.
Commissioner Koza, Jr. stated that he was sympathetic to theft, but does
not agree with the tower, based on the height. Chairperson Sandars
stated the permanency of towers is not what Pearland wants.
Commissioner Greiner stated the height and appearance of the towers
were her concern.
The vote was 0-5. The motion failed for the following reasons: privacy,
residents petition, towers setting precedence, height.
E. Amendments to the Unified Development Code (UDC)
A request by the City of Pearland, for an amendment to the Unified
Development Code (UDC), Ordinance No. 2000T.
Commissioner Greiner made the motion to approve, and Commissioner
West seconded.
The vote was 5-0. The Amendment was approved.
F. PUBLIC HEARING— Partial replat of Hazeldale Subdivision
A request by Walker Treesh, for Bechir Achour, owner, for approval of a
partial replat of 9.9661 acres with a combination of General Business (GB)
in the North and Single Family Residential (R-3) in the South. The
property is "proposing (2) lots," and it is located North of Broadway and
Southwest of Shauntel Street and is described as follow:
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Being a 9.9661 acre tract of land out of the Perry and Austin League,
Abstract 111, Brazoria County, Texas, in the City of Pearland, Texas.
Chairperson Sandars called the hearing to order at 10:35 p.m.
Plans and Plat Administrator Keller read the purpose of the hearing, and
the Staff report.
There was no one present to speak for or against.
There was no discussion among the Commissioner/Staff.
The hearing was adjourned at 10:40 p.m.
G. CONSIDERATION & POSSIBLE ACTION—Plat of Achour Subdivision
A request by Walker Treesh, for Bechir Achour, owner, for approval of a
partial replat of 9.9661 acres with a combination of General Business (GB)
in the North and Single Family Residential (R-3) in the South. The
property is "proposing (2) lots," and it is located North of Broadway and
Southwest of Shauntel Street and is described as follow:
Being a 9.9661 acre tract of land out of the Perry and Austin League,
Abstract 111, Brazoria County, Texas, in the City of Pearland, Texas.
Plans and Plat Administrator Keller read the Staff report stating there were
two outstanding items, of which one has been met. Mr. Keller stated staff
was waiting on approval of the tree survey.
Commissioner Greiner made the motion to approve with Staff's
comments, and Commissioner Koza, Jr. seconded.
The plat was approved 5-0, with Staff's comments.
H. CONSIDERATION & POSSIBLE ACTION— Preliminary plat of Kirby
Commons
A request by Aaron Bourgeois, Lentz Engineering, for SCR 24
Investments, L.P., owner, for approval of a preliminary plat of 32.968
acres zoned as Planned Unit of Development (P.U.D) for commercial
purposes. The property is "proposing (9) lots" located at the Northwest
corner of the intersection of Kirby Drive and Broadway Street and is
described as follow:
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Being a subdivision of 32.9680 acres in the H.T. & B.R.R. Co. Survey,
Section 82, Abstract No. 565 and the T.C.R.R. Co. Survey, Section 3,
Abstract No. 678. City of Pearland, Brazoria County, Texas.
Plans and Plat Administrator Keller stated the plat has been withdrawn.
No action necessary.
I. CONSIDERATION & POSSIBLE ACTION— Preliminary plat of
Oakbrook Estates Section 7
A request by Kenneth A. Gruller, Reno & Associates, for Clinton F. Wong,
Oakbrook Estates, Ltd., owner, for approval of a preliminary plat of
16.2241 acres zoned as Planned Unit of Development (P.U.D) for
residential purpose. The property is "proposing (65) lots" located East of
Longherridge Drive and West of Wild Oak Drive and is described as
follow:
A subdivision of 16.2241 acres of land located in the W.D.C. Hall League,
A-70. City of Pearland. Brazoria County, Texas.
Plans and Plat Administrator Keller read the Staff report, stating there was
one outstanding item.
Commissioner Greiner made the motion to approve with Staff's
comments, and Commissioner Koza, Jr, seconded.
The vote was 5-0 for approval with Staff's comments.
J. PUBLIC HEARING—Replat of Pearland Town Center
A request by Jamila Johnson, Carter & Burgess, Inc., for Pearland Town
Center Limited, owner, for approval of a replat of 142.9694 acres zoned as
Planned Unit of Development (P.U.D) for commercial and residential
purposes. The property is "proposing (28) lots" located at the Southwest
corner of the intersection of Broadway Street and State Highway 288 and
is described as follow:
Being a replat of part of Pearland Town Center, as recorded under File
Number 2007008914 of the plat records of Brazoria County, Texas and
situated in the H.T. & B.R.R. Co. Survey, Section 81, Abstract 300, City of
Pearland, Brazoria County, Texas.
Chairperson Sandars opened the hearing at 10:46 p.m.
Plans and Plat Administrator Keller read the purpose of the hearing, and
the staff report.
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Jamila Johnson of Carter & Burgess was present to speak, as well as,
Ken Wittler of CBL.
The hearing was adjourned at 10:59 p.m.
K. CONSIDERATION & POSSIBLE ACTION— Replat of Pearland Town
Center
A request by Jamila Johnson, Carter & Burgess, Inc., for Pearland Town
Center Limited, owner, for approval of a repiat of 142.9694 acres zoned as
Planned Unit of Development (P.U.D) for commercial and residential
purposes. The property is "proposing (28) lots" located at the Southwest
corner of the intersection of Broadway Street and State Highway 288 and
is described as follow:
Being a replat of part of Pearland Town Center, as recorded under File
Number 2007008914 of the plat records of Brazoria County, Texas and
situated in the H.T. & B.R.R. Co. Survey, Section 81, Abstract 300, City of
Pearland, Brazoria County, Texas.
Plans and Plat Administrator Richard Keller read the Staff report. There
were no outstanding items.
Commissioner Koza, Jr. made the motion to approve, and Commissioner
Greiner seconded.
The vote was 5-0 for approval.
L. CONSIDERATION & POSSIBLE ACTION—Final (Right Of Way) plat of
Pearland Town Center Business Center Drive Extension
A request by Jamila Johnson, Carter & Burgess, Inc., for Pearland Town
Center Limited, owner, for approval of a final (Right Of Way) plat of 3.7229
acres in the Pearland Town Center Planned Unit of Development (P.U.D)
zone. The Right Of Way is located at the Southwest corner of the
intersection of Broadway Street and State Highway 288 and is described
as follow:
3.7229 acres of land out of the H.T. & B.R.R. Co. Survey, Section 81,
Abstract 300, City of Pearland, Brazoria County, Texas.
Plans and Plat Administrator read the Staff report. There were no
outstanding items.
Commissioner Greiner made the motion to approve, and Commissioner
West seconded.
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The vote was 5-0 for approval.
M. CONSIDERATION & POSSIBLE ACTION— Preliminary plat of Shadow
Creek Ranch Commercial Site 16-B
A request by Tina Kast, LJA Engineering & Surveying, Inc., for Buc-ee's
Limited Partnership, owner, for approval of a preliminary plat of 1.63 acres
in the Shadow Creek Ranch Planned Unit of Development (P.U.D) zone
for commercial purpose. The property is "proposing (1) lot" located to the
North of Shadow Creek Parkway and East of future Business Center Drive
and is described as follow:
Being out of the T.C.R.R. Co. Survey, Section 4, Abstract 675, in the City
of Pearland, Brazoria County, Texas.
Plans and Plat Administrator Keller stated the plat had been withdrawn.
No action necessary.
N. DISCUSSION ITEMS
The Commission was updated on the next P&Z Meeting date and training
on October 1, 2007, and the Texas APA Conference October 17 -19tH
2007.
IV. ADJOURNMENT
Chairperson Ruby Sandars adjourned the meeting at 11:04 p.m.
These minutes are respectfully submitted by:
Judy Kr ca, Ad inistrati e Nanning Secretary
Minutes approved as submitted and/or corrected on this 15th day of
October, A.D., 2007.
Ruby Sandars
P&Z Chairperson
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