2008-04-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD APRIL 21, 2008 AT 6:30 P.M., IN THE 2ND
FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS
CALL TO ORDER
Chairperson Henry Fuertes called the meeting to order at 9:30 p.m. with
the following persons present:
Chairperson Henry Fuertes
Vice -Chairperson Jerry Koza, Jr.
Commissioner Neil West
Commissioner Susan Sherrouse
Commission Ron Capehart
Commission Charles Gooden, Jr.
Commissioner Darrell Diggs
Also in attendance were: Planning Director Lata Krishnarao, Senior
Planner Theresa Grahmann, Deputy City Attorney Nghiem Doan, and
Administrative Secretary Judy Krajca.
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Commissioner Capehart made the motion to approve the Minutes of the
April 7, 2008 Regular P&Z meeting, and Commissioner Diggs seconded
the motion.
The vote was 7-0 for approval of the minutes of April 7, 2008 for the
Regular P&Z meeting.
Commissioner Capehart made the motion to approve the Minutes of the
April 7, 2008 Water and Sewer Impact Fee, and Commissioner Sherrouse
seconded.
The vote was 7-0 for approval of the minutes of April 7, 2008, Water and
Sewer Impact Fees.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — Conditional Use
Permit No. CUP2008-15
A request by Houston Flex Fuels, LLC, applicant for American Rice
Growers Cooperative, Inc., owner, for approval of a Conditional
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Use Permit for a "bio -diesel plant" in the Light Industrial District (M-
1), on the following described property, to wit:
Legal Description: 6.2244 acres of land, Abstract 232, H.T. &
B.R.R. Company Survey, Tract 28A-39, City of Pearland, Brazoria
County, Texas, Generally Located on the South Side of Halik Road,
and Approximately 1,100 Feet West of State Highway 35 (Main
Street).
Commissioner West made the motion to approve, and
Commissioner Koza, Jr. seconded.
Commissioner Gooden, Jr. asked if the applicant was aware of the
TxDOT study. The applicant was not aware until tonight's public
hearing.
The vote was 7-0. CUP2008-15 was approved.
B. CONSIDERATION & POSSIBLE ACTION — Zone Change No.
2008-09Z
A request by Alan Mueller, applicant for Claudia Blakemore, 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) District S5: The Light and
Heavy Industrial District to Office and Professional District (OP), on
the following described property, to wit:
Legal Description: 1.00 acres of land, out of the S.G. Haynie
Survey, Abstract 362, City of Pearland, Harris County, Texas,
Generally Located on the East Side of Almeda School Road, and
Approximately 2,500 Feet North of Shadow Creek Parkway.
Commissioner Sherrouse made the motion to approve, and
Commissioner West seconded.
Commissioner Diggs stated that an overwhelming majority of the
council was in favor of the zone change. Commissioner Capehart
stated a concern he had was spot zoning, and that staff should look
into this.
Deputy City Attorney Nghiem Doan, and Planning Director
Krishnarao both spoke on spot zoning. Much discussion ensued
among the Commission/Staff/Applicant.
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Commissioner Diggs made the motion to table, and Commissioner
Gooden, Jr. seconded, asking to let the Zoning Board of
Adjustment process this as a Special Exception.
The vote to table this item was 2-5. The Motion to table failed.
Commissioners West, Sherrouse, Fuertes, Gooden, and Koza
voted in opposition.
The vote for the motion to approve was 5-2. Zone Change No.
2008-09Z was approved. Commissioners Diggs and Capehart
voted in opposition for the following reasons:
1. Feels it should go before the ZBA as a Special exception.
2. Feels staff should look further into the spot zoning issue.
C. CONSIDERATION & POSSIBLE ACTION — Zone Change No.
2008-10Z
A request by Kerry R. Gilbert and Associates, applicant for Beeman
Strong, 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), Single Family Residential — 3 District (R-3), and Single Family
Residential — 2 District (R-2) to Planned Development District (PD),
on the following described property, to wit:
Legal Description: 53.342 acres of land, in the Thomas J. Green
Survey, Abstract 198, and being a portion of that certain called
118.755 acre tract of land described as Tract 2 in the deed
recorded in Volume 1421, Page 25, of the Brazoria County Deed
Records, City of Pearland, Brazoria County, Texas, Generally
Located at the Northwest Corner of FM 518 (Broadway Street) and
Pearland Parkway.
Commissioner Capehart made the motion to approve, and
Commissioner Diggs seconded.
Commissioner Diggs made the motion to amend the motion to
approve with staff comments including items 3 — 18 (omitting items
1 & 2), and Commissioner Koza, Jr. seconded. (No connectivity,
no amenities.)
Commissioner Capehart asked if everything else was in
compliance, and Planning Director Krishnarao answered yes.
The vote for the amendment to the motion was 7-0. The
amendment was approved.
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The vote for the original motion with the amendment was 7-0. The
motion was approved.
D. DISCUSSION ITEMS
There was brief discussion in regards to the National APA
Conference; and, the next P&Z meeting on May 5, 2008.
Chairperson Fuertes and Commissioner Sherrouse will not be in
attendance. Commissioner Capehart might have a conflict with the
meeting, but foresees being in attendance.
IV. ADJOURNMENT
Chairperson Henry Fuertes adjourned the meeting at 10:42 p.m.
These minutes are respectfully submitted by:
Jud Krajca, Planning Se etary
Minutes approved as submitted and/or corrected on this 21st day of April, A.D.,
2008.
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