2008-05-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD MAY 19, 2008 AT 6:30 P.M., IN THE 2ND FLOOR
CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
1. CALL TO ORDER
Chairperson Henry Fuertes called the meeting to order at 8:36 p.m. with the
following present:
Chairperson Henry Fuertes
Vice -Chairperson Jerry Koza, Jr.
Commissioner Neil West
Commission Ron Capehart
Commissioner Charles Gooden, Jr_
Commissioner Darrell Diggs
Chairperson Susan Sherrouse
Also in attendance were: Planning Director Lata Krishnarao, Senior Planner
Theresa Grahmann, and Administrative Secretary Judy Krajca_ Deputy City
Attorney Nghiem Doan and Assistant City Manager Nick Finan arrived at 9:07 p.m.
I1. APPROVAL OF MINUTES
Commissioner Darrell Diggs made the motion to approve, and Commissioner Jerry
Koza, Jr. seconded the motion.
The vote was 7-0 for approval of the minutes of May 5, 2008.
Ill. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION —Amendment to the Master
Thoroughfare Plan
A request by the City of Pearland, for an amendment to the Master
Thoroughfare Plan, generally affecting the following roadways:
Northfork Drive, extending from Old Chocolate Bayou Road to Manvel Road
(FM 1128); and Hillhouse Road, extending from Hughes Ranch Road (CR
403) to future McHard Road
Planning Director Krishnarao stated that the City is awaiting the consultants'
recommendation on the Northfork connection, and what is long term. The
City Engineer is waiting to hear from the Engineering firm (GC Engineering).
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Commissioner Sherrouse inquired if it was best to table the item until the
City Engineer had time to review the Right of Way from the 60 feet to the 80
feet for Hillhouse Road.
Chairperson Fuertes spoke with regards to the traffic on Northfork never
being designed as a major collector street.
Discussion ensued with regards to tabling both items.
Vice -Chairperson Koza, Jr. made the motion to table the Amendment, and
Commissioner Capehart seconded.
The vote was 7-0. The Amendment to the Master Thoroughfare Plan was
tabled.
B. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No.
CUP2008-17
A request by Environmental Services Group, Inc., applicant for Airgas
Specialty Gases, Inc_, owner, for approval of a Conditional Use Permit for a
"petroleum product extraction, refining, manufacturer, and storage" facility, in
the Heavy Industrial District (M-2), on the following described property, to
wit:
Legal Description: 14.7071 acres of land out of lots 172 and 173 of the
Zychlinski Subdivision out of the H -T. & B.R.R. Company Survey, Section
27, Abstract 308, and the G_ C. Smith Survey, Section 28, Abstract 551,
according to the plat recorded in Volume 29, Page 9, of the Deed Records of
Brazoria County, Texas, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the West Side of State Highway
35 (Main Street), and on the South Side of Industrial Drive
Vice -Chairperson Koza, Jr. made the motion, and Commissioner Capehart
seconded.
Vice -Chairperson Koza, Jr. inquired is there a retail outlet, and Mr. Don
Farris replied no. Commissioner Diggs inquired how soon would the flare
stacks arrive, and Mr_ Farris replied tomorrow.
Senior Planner Grahmann stated that if a condition of approval was to be
added with regards to platting being required, then a time frame needed to
be given_
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There was discussion among the Applicant/Staff with regards to platting
fees.
Vice -Chairperson Koza, Jr. made an amendment to the motion for a six-
month timeframe for platting, and Commissioner Capehart seconded.
The vote was 7-0_ The CUP was approved with amendment.
C. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No.
CU P2008-16
A request by Will Benson of The National Realty Group, applicant for Hiep
Pham, Inc., owner, for approval of a Conditional Use Permit for the following
uses: construction contractor with storage yard; machinery sales, storage,
and repair; moving and storage company; printing company; office
warehouse storage and sales; outside storage; storage of used lumber and
building products; tool and machinery rental; welding shop; warehouse and
distribution facility; in the General Commercial District (GC), on the following
described property, to wit:
Legal Description: 6.00 acres of land, approximately, being a portion of
Lots 37A, 3713, Abstract 542, and Tracts 36A -36C1, Abstract 233, H.T. &
B_R.R. Company Survey, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of State Highway 35
(Main Street), and on the South Side of Halik Road
Chairperson Fuertes opened both CUP2008-16 and Zone Change No. 2008-
08Z concurrently.
Vice -Chairperson Koza, Jr. made the motion, and Commissioner Capehart
seconded.
Mr_ Johnny Sims of Hardcastle Real Estate was present and spoke on
behalf of the owner, Hiep Pham, Inc.
There was much discussion on the zoning of two non -adjoining parcels.
Commissioner Capehart commented that he was in agreement with
Commissioner Diggs that these two items needed to be handled separately.
Discussion ensued with regards to M-1 and GC zoning, and the different
qualities allowed, such as screening and facade).
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Commissioner Gooden, Jr. asked the Commission what uses they do not
like. Commissioner West replied outside storage.
Vice -Chairperson Koza, Jr. made a motion to vote the CUP and Zone
Change separately, and Commissioner Capehart seconded_
Commissioner Sherrouse pointed out staff's recommendation.
The vote was 5-2. The CUP was approved, with Commissioners Gooden,
Jr. and West in opposition. Commissioner West commented that this was
not an orderly fashion to use the zoning.
D. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2008-OSZ
A request by Will Benson of The National Realty Group, applicant for Hiep
Pham, 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 General Commercial District (GC) to Light Industrial District (M-
1), on the following described property, to wit:
Legal Description: 6.42 acres of land, approximately, being a portion of
Lots 37A, 37B, Abstract 542, and Tracts 36A -36C1, Abstract 233, H.T. &
B.R.R. Company Survey, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of State Highway 35
(Main Street), and on the South Side of Halik Road.
See comments in CUP2008-16.
Commissioner Capehart made the motion to table, and Commissioner
Gooden, Jr. seconded.
The vote was 5-2. The vote was approved to table. Commissioner West
and Diggs voted in opposition_
E. CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2008-12Z
A request by CBL and Associates, 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 Planned Development
District (PD) to Planned Development District (PD), an amendment to the
existing PD for Pearland Town Center, on the following described property,
to wit:
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Legal Description: 142.9664 acres of land out of Pearland Town Center, a
subdivision of 143.6500 acres as recorded under File Number 2007008914
of the Plat Records of Brazoria County, Texas, and situated in the H.T. &
B.R_R. Company Survey, Abstract 300, Section 81, City of Pearland,
Brazoria County, Texas
General Location: Generally Located on the South Side of Broadway
Street, on the East Side of Kirby Drive, and on the West Side of Business
Center Drive_
Commissioner Sherrouse made the motion to approve, and Commissioner
Capehart seconded_
Planning Director Krishnarao did a recap of the PD, discussing Parking,
Language, Signage, Administrative review for signage, and that the Parking
issue could be tabled.
Commissioner Sherrouse stated that parking is important, and discussion
ensued with regards to parking.
Commissioner Sherrouse made the motion to amend each item separately,
and Commissioner Capehart seconded_
• Parking — Commissioner Diggs made the motion to table for additional
information, and Commissioner Capehart seconded. The vote was 7-0.
The Parking was tabled.
Transparency — The vote was 7-0_ The Transparency was approved.
• Identification Signs — The vote was 7-0. The Identification signs were
approved.
• Way finding Signs — The vote was 7-0. The Way finding Signs was
approved.
• Interior Project Boundary Signs — The vote was 7-0. The Interior Project
Boundary Signs was approved.
Administrative Review for Signage — The vote was 0-7. The
Administrative Review for Signage was denied. Comments being that it
is not allowed/legal.
F. CONSIDERATION & POSSIBLE ACTION- Five Year Capital
Improvements Program 2009-2013
City of Pearland — Capital Improvement Program (CIP)
Vice -Chairperson Koza, Jr. made the motion to approve, and Commissioner
Capehart seconded.
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There was some discussion. Vice -Chairperson Koza, Jr. stated he feels the
City of Pearland and TxDOT should talk to the state government officials,
such the State Representative and Senate with regards to Highway 35 being
widened. Feels City of Pearland would be throwing money away.
Commissioner Diggs asked Assistant City Manager Mike Hodge how far in
advance does the city look to the future. Mr. Hodge replied 20 years for
water and sewer, 5-10 years for traffic, 5 years for parks, and 5 years for
drainage.
The vote was 7-0. The Five -Year Capital Improvements Program 2009-
2013 was approved_
G. DISCUSSION ITEMS
There was a brief discussion with regards to the P&Z meeting on June 2,
2008. The P&Z Commission was asked by the Planning Administrative
Secretary to complete their Travel Reconciliation forms and return with any
receipts by the June 2, 2008 meeting.
IV. ADJOURNMENT
Chairperson Henry Fuertes adjourned the meeting at 10:41 p.m.
These minutes are respectfully submitted by:
C__1K' I (_� .' /14� a- Al C
Judy Kryca, P nni g q—ecretbry
Minutes approved as submitted and/or corrected on this 19th day of May, A -D., 2008.
P&Z Chair rson, Herfry Fuertes
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