2008-02-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD FEBRUARY 18, 2008 AT 7:00 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS
I. CALL TO ORDER
Chairperson Henry Fuertes called the meeting to order at 9:43 p.m. with
the following persons present:
Chairperson Henry Fuertes
Vice -Chairperson Jerry Koza, Jr.
Commissioner Neil West
Commissioner Susan Sherrouse
Commissioner Darrell Diggs
Commission Ron Capehart
Commission Charles Gooden, Jr.
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, Assistant City
Manager Nick Finan, and Administrative Secretary Judy Krajca.
II. APPROVAL OF MINUTES
Commissioner Darrell Diggs made the motioned to approve the minutes of
January 21, 2008, and Commissioner Susan Sherrouse seconded.
The vote was 7-0, for approval of the minutes of January 21, 2008.
III. OLD BUSINESS
A. REMOVE FROM TABLE — Zone Change No. 2008-03Z
A request by Thu Trinh, applicant for Dung Hung Ta, 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 Office and Professional District (OP) to Light Industrial
District (M-1)
Commissioner Ron Capehart made the motion to remove Zone
Change No. 2008-03Z from the table, Commissioner Darrell Diggs
seconded.
The vote was 7-0 to remove from the table.
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B. CONSIDERATION & POSSIBLE ACTION - Zone Change No.
2008-03Z
A request by Thu Trinh, applicant for Dung Hung Ta, 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 Office and Professional District (OP) to Light Industrial
District (M-1), on the following described property, to wit:
Legal Description: 9.7036 acres of land, Lot 22, H.T. & B.R.R.
Company Survey, Section 8, Abstract 504, as recorded in Book 2,
Pages 23 and 24 of the Plat Records of Brazoria County, Texas,
City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of Roy
Road, and Approximately 500 Feet North of FM 518 (Broadway
Street)
There was much discussion, with Commissioner Gooden, Jr.
asking what zone staff was most comfortable with. Senior Planner
Grahmann replied that staff was comfortable with Office
Professional (OP). Commission Gooden, Jr. asked if the applicant
could get storage use out of this zoning. Senior Planner Grahmann
replied no. Chairperson Fuertes asked what the worst case
scenario under General Business (GB) would be. Planning Director
Krishnarao referred to the Table of Uses in Chapter 2 of the UDC.
The Commission/Staff discussed a possible Planned Development
(PD).
The vote was 1-6. Zone Change No. 2008-03Z was denied.
Commissioner Diggs voted in favor.
C. REMOVE FROM TABLE — Zone Change No. 2008-04Z
A request by GC Engineering, Inc., applicant for Historic Real
Estate, Inc., 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 Spectrum District (SPD) to
Planned Development District (PD)
Vice -Chairperson Koza, Jr. made the motion to remove Zone
Change No. 2008-03Z from the table, Commissioner Neil West
seconded.
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The vote was 7-0. Zone Change No. 2008-04Z was removed from
the table.
D. CONSIDERATION & POSSIBLE ACTION - Zone Change No.
2008-04Z
A request by GC Engineering, Inc., applicant for Historic Real
Estate, Inc., 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 Spectrum District (SPD) to
Planned Development District (PD), on the following described
property, to wit:
Legal Description: 48.4712 acres out Lot 5 of the James Hamilton
Survey, Abstract 881, according to the map or plat thereof recorded
in Volume 83, Page 342, of the Deed Records of Harris County,
Texas, City of Pearland, Harris County, Texas,
General Location: Generally Located on the West Side of State
Highway 288, and on the North Side of Shadow Creek Parkway
Vice -Chairperson Koza, Jr. made the motion, and Commissioner
Capehart seconded.
There was much discussion in regards to the remaining outstanding
items listed in staff's comments.
Vice -Chairperson Koza, Jr. made the motion to amend w/staff
comments, and Commissioner Capehart seconded.
The vote was 7-0. Zone Change No. 2008-04Z was approved with
staff comments.
IV. NEW BUSINESS
E. CONSIDERATION & POSSIBLE ACTION - Conditional Use
Permit No. CUP2008-05
A request by Troy and Peggy Stalcup, owners, for approval of a
Conditional Use Permit for "agricultural animal husbandry" in the
Suburban Residential — 15 District (SR -15), on the following
described property, to wit:
Legal Description: 0.860 acres of land, being Lot 9, Block 10, of
West Lea, Section 2, according to the map or plat thereof recorded
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in Volume 11, Page 69, of the Plat Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas
General Location: Located at 3814 Blue Bird Way
Commissioner Capehart made the motion, and Vice -Chairperson
Koza, Jr. seconded.
There was much discussion among the Commission.
The vote was 3-4. CUP2008-05 was denied.
Chairperson Fuertes and Commissioners Sherrouse, West, and
Gooden, Jr. voted in opposition for the reasons given to Council in
the staff report, and the number of animals currently on the
acreage. Vice -Chairperson Koza, Jr., Commissioners Capehart,
and Diggs vote in favor. Commissioner Capehart felt the ordinance
should be changed for FFA animals; and Commissioner Diggs
stated it is just a CUP and should be allowed due to FFA animals.
F. CONSIDERATION & POSSIBLE ACTION - Conditional Use
Permit No. CUP2008-06
A request by Dorothy Black, owner, for approval of a Conditional
Use Permit for "agricultural animal husbandry" in the Suburban
Residential — 15 District (SR -15), on the following described
property, to wit:
Legal Description: 0.860 acres of land, being Lot 10, Block 8, of
West Lea, Section 2, according to the map or plat thereof recorded
in Volume 11, Page 69, of the Plat Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas
General Location: Located at 3826 Wingtail Way
Vice -Chairperson Koza, Jr. made the motion to approve, and
Commissioner Capehart seconded.
There was much discussion in regards to the language used on the
CUP application of both CUP 2008-05 & CUP 2008-06; and, much
discussion in regards to the FFA animals.
Commissioner Gooden, Jr. made a motion to call the vote. The
vote died for lack of second.
Discussion continued among the Commission.
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The vote was 2-5. CUP2008-06 was denied.
Chairperson Fuertes, and Commissioners West, Sherrouse,
Gooden, Jr., and Diggs vote in opposition for the reasons given in
the staff report. Commission Capehart, and Vice -Chairperson
Koza, Jr. voted in favor. Commissioner Capehart recommended to
Council to allow the two families until the end of the school year to
keep the animals, due to the students showing the animals thru
May 2008.
CONSIDERATION & POSSIBLE ACTION - Conditional Use
Permit No. CUP2008-07
A request by Patricia E. Mercer, owner, for approval of a
Conditional Use Permit for "agricultural animal husbandry" in the
Single Family Residential — 1 District (R-1), on the following
described property, to wit:
Legal Description: 3.266 acres, being Lot 18B, 1881, 18C1, 19E,
19E1, and 19F1, Willetts Subdivision, Abstract 70, W. D. C. Hall
Survey, City of Pearland, Brazoria County, Texas
General Location: Located at 1807 Taylor Lane
Commissioner Gooden, Jr. made the motion to approve, and
Commissioner West seconded.
The vote was 7-0. CUP2008-07 was approved.
CONSIDERATION & POSSIBLE ACTION - Conditional Use
Permit No. CUP2008-08
A request by Julie Lesage, applicant for Jung H. Kwak, owner, for
approval of a Conditional Use Permit for a "language/learning
center" facility in the Cullen Mixed Use District (C -MU), on the
following described property, to wit:
Legal Description: 2.389 acres of land out of Lot 59, of the Allison
Richey Gulf Coast Home Company Subdivision of the H.T. &
B.R.R. Company Survey Number 20 (F.B. Drake), Abstract 506,
City of Pearland, Brazoria County, Texas
General Location: Generally Located on the West Side of Cullen
Boulevard, and Approximately 750 Feet North of FM 518
(Broadway Street)
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Commissioner Gooden, Jr. made the motion to approve, and
Commissioner Capehart seconded.
The vote was 7-0. CUP2008-08 was approved.
I. CONSIDERATION & POSSIBLE ACTION - Conditional Use
Permit No. CUP2008-09
A request by USC Express, LLC, owner, for approval of a
Conditional Use Permit for a "mini -warehouse and self storage"
facility in the General Business Retail District (GB), on the following
described property, to wit:
Legal Description: Lot "C" of W. C. Properties, a subdivision
situated in Section 85 of the H.T. & B.R.R. Company Survey,
Abstract 304, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the North Side of FM 518
(Broadway Street), and on the East Side of Miller Ranch Road
No action necessary. This item was skipped during the Joint Public
Hearing.
J. CONSIDERATION & POSSIBLE ACTION - Conditional Use
Permit No. CUP2008-10
A request by Monty Hudson, applicant for Bharat Bhakta, owner, for
approval of a Conditional Use Permit for "additional building height
for a hotel' facility in the Office and Professional District (OP), on
the following described property, to wit:
Legal Description: 1.995 acre tract of land in the H.T. & B.R.R.
Company Survey, Abstract 304, being a portion of Lot 39 of the
Allison Richey Gulf Coast Home Company Suburban Gardens
Subdivision, Section 85, as shown on plat recorded in Volume 2,
Page 107 of the Plat Records of Brazoria County, Texas, City of
Pearland, Brazoria County, Texas
General Location: Generally Located on the North Side of FM 518
(Broadway Street), and on the West Side of Miller Ranch Road
Commissioner Capehart made the motion to approve with the
condition to add a site plan showing elevation, and roof height,
Vice -Chairperson Koza, Jr. seconded.
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There was minimal discussion.
The vote was 7-0. CUP2008-10 was approved.
K. CONSIDERATION & POSSIBLE ACTION — Zone Change 2008-
05Z
A request by Richard A. Tarrer, Felton Baker, Mary Starr, David
Miller, Lucy Gehring, Alice Gehring, Ray Nunez, Mike Martin,
Darwin Macalister, and Pearland Square Condominium
Association, 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 — 3
District (R-3) to General Business Retail District (GB), on the
following described property, to wit:
Legal Description: Tract "A" and Tract "B" and Tract "C" of
Whispering Winds General Business Reserve, out of the Thomas J.
Green Survey, Abstract 198, a per the plat recorded in Volume 17,
Pages 93 and 94, of the Plat Records of Brazoria County, Texas,
City of Pearland, Brazoria County, Texas
General Location: Generally Located on the North Side of FM 518
(Broadway Street), and on the West Side of Westminister Drive
Commissioner Sherrouse made the motion to approve, and
Commissioner Capehart seconded.
There was discussion in regards to buffering.
The vote was 7-0. Zone Change 2008-05Z was approved.
L. CONSIDERATION & POSSIBLE ACTION — Zone Change 2008-
06Z
A request by David Pearlman, applicant for Classic Self Storage
LLC, 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 Single Family Estate District (RE)
to Planned Development District (PD), on the following described
property, to wit:
Legal Description: 5.00 acres, Abstract 506, H.T. & B.R.R.
Company Survey, Tract 6 -7A -7E, City of Pearland, Brazoria
County, Texas
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General Location: Generally Located on the North Side of
Hughes Ranch Road (County Road 403), and Approximately 600
Feet West of Linda Lane
Commissioner Capehart made the motion to approve, and Vice -
Chairperson Koza, Jr. seconded.
There was much discussion in regards to setbacks, and signage.
Commissioner Capehart made a motion to amend and approve
with staff's comments with amendments of building being one story,
and signage being reduced to the size of the existing sign, and
Vice -Chairperson Koza, Jr. seconded.
The vote was 7-0. Zone Change No. 2008-06Z was approved.
M. CONSIDERATION & POSSIBLE ACTION—Final Right of Way
Plat of Shadow Creek Ranch Broadway Street Extension from
Kingsley Drive to Kirby Drive.
A request by Rene Rodriguez, LJA Engineering & Surveying, Inc.,
for City of Pearland, owner, for approval of a preliminary Right Of
Way plat of 16.757 acres zoned Shadow Creek Ranch Planned
Unit Development (PUD). The applicant is proposing the section of
Broadway Street Right of Way located between Kingsley Drive and
Kirby Drive, and the property is described as follow:
Being 16.757 acres of land situated in the H.T. & B.R.R. Co.
Survey, Section 81, Abstract 300, the H.T. & B.R.R. Co. Survey,
Section 80, Abstract 564, the H.T. & B.R.R. Co. Survey, Section 82,
Abstract 565, and the T.C.R.R. Co. Survey, Section 3, Abstract
678, Brazoria County, Texas.
Plans and Plat Administrator Keller read the staff report stating
there were two outstanding items.
The vote was 7-0. The plat was approved with staff comments.
N. CONSIDERATION & POSSIBLE ACTION—Preliminary Right of
Way Plat of Shadow Creek Ranch Southcreek Drive and
Crosslake Drive
A request by Rene Rodriguez, LJA Engineering & Surveying, Inc.,
for Pearland Investments Limited Partnership, owner, for approval
of a preliminary right or way plat of 14.550 acres zoned Shadow
Creek Ranch Planned Unit Development (PUD). The applicant is
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proposing the rights of way for Southcreek Drive and Crosslake
Drive located south of Broadway, and the property is described as
follow:
Being out of the H.T. & B.R.R.
538, In Brazoria County, Texas
County, Texas, City of Pearland.
Co. Survey, Section 84, Abstract
and Abstract 767, in Fort Bend
Plans and Plat Administrator Keller read the staff report stating
there was one outstanding item.
The vote was 7-0. The plat was approved with staff comments.
CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of
Kirby Commons
A request by Aaron Bourgeois, Lentz Engineering, L.C., for SCR 24
Investments, L.P., 518 at Kirby, L.L.C., and SCL Reality
Investments, Inc., owners, for approval of a preliminary plat of
28.4772 acres zoned Shadow Creek Ranch Planned Unit
Development (PUD). The applicant is proposing (7) lots located at
the northwest corner of the intersection of Broadway Street and
Kirby Drive, and the property is described as follow:
Being a subdivision of 28.4772 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. 679. Also being a replat of Lots, Block 1
Kirby Commons as recorded in File No. Official Public Records
Brazoria County, Texas. City of Pearland, Brazoria County, Texas.
Plans and Plat Administrator Keller read the staff report, stating
most of the items have been addressed, but seven comments
remain outstanding.
The vote was 6-0. The plat was approved with staffs comment.
Chairperson Fuertes abstained from voting.
DISCUSSION ITEMS
There was brief discussion in regards to the Commission receiving
their laptops, and a brief training by Plans and Plat Administrator
Richard Keller at the March 3rd meeting. There was also brief
discussion of the National APA Conference in Las Vegas, Nevada.
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IV. ADJOURNMENT
Chairperson Henry Fuertes adjourned the meeting at 12:33 a.m.
These minutes are respectfully submitted by:
Judy K jca, lanni cretary
Minutes approved as submitted and/or corrected on this 17th day of March, A.D.,
z�z
P&Z Cha' rson, my Fuertes
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