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2009-02-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD FEBRUARY 16, 2009 AT 6:30 P.M., IN THE ENGINEERING DEPARTMENT CONFERENCE ROOM, COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 7:01 p.m. with the following present: P&Z Chairperson Henry Fuertes P&Z Vice -Chairperson Jerry Koza, Jr. P&Z Commissioner Susan Sherrouse P&Z Commissioner Darrell Diggs P&Z Commissioner Neil West P&Z Commissioner Charles Gooden, Jr. P&Z Commissioner Ron Capehart Also in attendance were: Planning Director Lata Krishnarao, Deputy City Attorney Nghiem Doan, Plans and Plat Administrator Richard Keller, Senior Planner Angela Gantuah, and Planning Administrative Secretary Judy Krajca. APPROVAL OF MINUTES P&Z Commissioner Susan Sherrouse made the motion to approve the minutes of February 16, 2009, and P&Z Commissioner Neil West seconded. The vote was 7-0. The minutes of February 16, 2009 were approved. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP 2009-04 Request of Eddie Gladney, applicant for Pearland Westside Associates, LTD, owner, for approval of a Conditional Use Permit (CUP) to permit a Church in the Neighborhood Services (NS) zoning district, on the following described property: LEGAL DESCRIPTION: Tract 1 with 2.0 acres and Tract 2 with 3.8897 acres out of Reserve "A" in the Replat of Corrigan Addition Section 1 (Volume 2, pgs 97-98 B.C.P.R) West Side Plaza Subdivision, City of Pearland, Brazoria County, Texas (located at 5074 W Broadway Street, Pearland TX.) GENERAL LOCATION: 5074 W. BROADWAY ST. P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to approve, and P&Z Commissioner Ron Capehart seconded. Page 1 of 4 P&Z Minutes 2/16/09 P&Z Commissioner Neil West complimented the new Senior Planner Angela Gantuah on her presentation to the Council and Commission. P&Z Commissioner Charles Gooden, Jr. inquired about the parking space issues, and who is accountable for the number of spaces. Planning Director Lata Krishnarao replied that as each tenant moves in, the parking ratio will change with each tenants needs, and the last tenant to move in would be responsible. P&Z Chairperson Henry Fuertes inquired about the Goodwill store and their parking spaces. Planning Director Lata Krishnarao stated that parcel was platted separately, and their parking does not filter into this calculation. P&Z Commissioner Darrell Diggs inquired how the calculation was figured and Planning Director Lata Krishnarao gave the breakdown. P&Z Commissioner Neil West asked what part of the overlay district this covered. Planning Director Krishnarao explained that if additions to the retail strip were added, if repair is more than 50%, and if 20% more parking is needed. P&Z Commissioner Darrell Diggs asked what the non-compliance was of being in the overlay district. Planning Director Lata Krishnarao explained 30 feet landscaping on Broadway, the landscaping itself, the quantity of trees, islands within the parking lot, and the sign being non -conforming. P&Z Chairperson Henry Fuertes commented on the future parking spaces, and Planning Director Lata Krishnarao stated that as occupancy increases, the parking may increase, depending on the type of tenant and need for parking spaces. Senior Planner Angela Gantuah stated that in the case of this CUP, the church will be meeting outside the normal business hours that the parking spaces are needed. The vote was 7-0. Conditional Use Permit No. CUP 2009-04 was approved. CONSIDERATION & POSSIBLE ACTION — Request for a one-year extension of Preliminary Plat Application as per Chapter 1, Article 2, Division 5 of the Unified Development Code A request by Christy B. Smidt, Kerry R. Gilbert & Associates, Inc. for approval of a one-year extension of approval of the Preliminary Plat of Southern Trails Phase One, Section Ten. P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to approve, and P&Z Commissioner Susan Sherrouse seconded. The applicant, Christy Smidt was present and stated that due to market needs, residential construction has slowed down, and thus the reason for an extension. The vote was 7-0. The Request for a one-year extension of time for Preliminary Plat of Southern Trails Phase One, Section Ten was granted. Page 2 of 4 P&Z Minutes 2/16/09 CONSIDERATION & POSSIBLE ACTION — Preliminary Plat of Discovery at Shadow Creek Ranch A request by Rene Rodriguez, LJA Engineering & Surveying, Inc., for Shadow Creek Ranch Development Co., L.P., owner, for approval of a preliminary plat of Discovery at Shadow Creek Ranch. The applicant is proposing one lot zoned PUD on Business Center Drive in Shadow Creek Ranch and the property is described as follows: Being a subdivision of 17.913 acres of land located in the William Morris Survey, Abstract 344 and the T.C.R.R. Co. Survey, Section 4, Abstract 675, City of Pearland, Brazoria County, Texas Plans and Plat Administrator Richard Keller stated that no action was necessary as the applicant had withdrawn the plat. CONSIDERATION & POSSIBLE ACTION — Greenwood Replat No. 1 A request by C. L. Davis, C. L. Davis and Company, for City of Pearland and Greenwood Development, Inc., owners, for approval of a Replat of Greenwood. The applicant is proposing one lot and seven reserves zoned GB between Dixie Farm Road and Clear Creek and the property is described as follows: Being a subdivision of 24.858 acres out of Reserves "A" and "B" of Greenwood and the W.D.C. Hall League, Abstract 70 (Brazoria County) and Abstract 23 (Harris County), City of Pearland, Brazoria and Harris Counties, Texas P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to approve, and P&Z Commissioner Darrell Diggs seconded. Plans and Plat Administrator Richard Keller explained that the applicant was requesting a Waiver of Decision. The vote was 7-0. The Waiver of Decision was granted for Greenwood Replat No. 1. STATUS OF ZONE CHANGES AND CONDITIONAL USE PERMITS Planning Director Lata Krishnarao summarized the update on Zone Changes and Conditional Use Permits that Planning and Zoning Commission has considered with their final decision. Ms. Krishnarao stated that each month this report would be updated and placed on the agenda in order to keep the commission informed of the outcome of each zoning case that has been heard. P&Z Commissioner Darrell Diggs applauded staff's initiative to provide this to the Commission. Page 3 of 4 P&Z Minutes 2/16/09 P&Z Commissioner Darrell Diggs asked that prior to anymore hearings for cell towers, could the Planning Department provide the Commission with a printout of where all the existing towers are located. Planning Director Lata Krishnarao stated that not all towers were required to permit, but that staff would look into this request. DISCUSSION ITEM Discussion took place with regards to the following: Next P&Z meeting on March 2, 2009 Texas APA Conference with Planning Director Lata Krishnarao asking the 3 Commissioners that attended to give their feedback to the Commission. There was also discussion of the upcoming National APA Conference in Minneapolis, MN and who would attend. Commissioners Fuertes, Gooden, Jr., and Diggs will be attending, along with Planning Director Lata Krishnarao. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the meeting at 8:06 p.m. These minutes are respectfully submitted by: Judy Kr ca, Pla ing Sec etavy Minutes approved as submitted and/or corrected on this 2nd day of March A.D., 2009. P&Z ChAkrperHenrr'y Fuertes Page 4 of 4 P&Z Minutes 2/16/09