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2009-07-20 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JULY 20, 2009 AT 6:00 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Chairperson Jerry Koza, Jr. called the meeting to order at 8:28 p.m. with the following present: P&Z Chairperson Jerry Koza, Jr. P&Z Vice -Chairperson Charles Gooden, Jr. P&Z Commissioner Darrell Diggs P&Z Commissioner Neil West P&Z Commissioner Henry Fuertes Also in attendance were: Senior Planner Angela Gantuah, Plans and Plat Administrator Richard Keller, Deputy City Attorney Nghiem Doan, and Planning Secretary Judy Krajca. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP2009-09 A request by Kirby/59 Partners II LP, applicant and owner, for approval of a conditional use permit to allow a gas station and convenience store in the Office Professional (OP) Zoning District, on the following described property, to wit: Legal Description: 2.21 acres (96,165 square feet) of land situated in the H.T. & B.R.R. Company Survey, Section 81, Abstract 300; being out of and part of that certain tract or parcel of land conveyed by Larry B. Briggs to SCANNED LinGo Southgate, Ltd., by instrument recorded under Brazoria County clerk's AUG 0 5 2009 File Number 2001053025 in the Official Public Records of Real Property in Brazoria County, Texas CITY SECRETARY OFFICE General Location: Generally located on the Northeast corner of Kirby Drive and CR 59, Pearland TX P&Z Commissioner Darrell Diggs made the motion to approve, and P&Z Commissioner Henry Fuertes seconded. Page 1 of 3 P&Z Minutes 7/20/09 P&Z Chairperson Jerry Koza, Jr. stated he was not opposed to a gas station, but a site plan is definitely needed in this case. He also added that he does not feel that Council is in favor. P&Z Commissioner Henry Fuertes stated he valued the neighbor's comments, and added that there were no statistics given on crime, brought up as a concern by several neighbors. Mr. Fuertes also added that the neighbors had to have known that something would eventually go in on this corner lot. He also added that maybe a 24 hour gas station is not best, and agreed with Chairperson Koza that in order for this CUP to pass, a specific site plan would be needed. Mr. Julio Lybrand asked about the consequences if the CUP was denied, verses tabling it. P&Z Commissioner Darrell Diggs stated he was in favor of tabling the CUP, but asked if the applicant would gather the population numbers west of 288, south of 518, and east of 521. Ross Lybrand stated it was 700 in Southfork, 800 in Southgate, and another phase of Southern Trails to be developed, making the population approximately 1500. Ross Lybrand stated when they returned with the items, they would have a Traffic Impact Analysis and population. P&Z Commissioner Darrell Diggs made the motion to table, and P&Z Commissioner Henry Fuertes seconded. The vote was 4-1. Conditional Use Permit No. CUP2009-09 was tabled. B. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2009-08Z A request by Hugh Peter Patton, applicant and owner, for approval of a change in zoning district from classification Single Family Residential -1 (R-1) to General Business Retail District (GB), on the following described property, to wit: Legal Description: 1.0 acre of land described as Lot 14, Block 3, Skyway Manor Subdivision, according to the map or plat thereof recorded in Volume 7, Page 67 of the plat records of Brazoria County, Texas General Location: Located 2905 FM 1128, Pearland, TX P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z Commissioner Neil West seconded. Page 2 of 3 P&Z Minutes 7/20/09 Discussion ensued with regards to downsizing to Neighborhood Services (NS) or Office Professional (OP). The Commission also wanted to know the original zoning of the property prior to becoming NS. P&Z Vice -Chairman Charles Gooden, Jr. made the motion to table, and P&Z Commissioner Henry Fuertes seconded. The vote was 5-0. Zone Change No. 2009-08Z was tabled. C. DISCUSSION ITEM There was brief discussion regarding the future Land Use Study Plan Workshops, and no meeting on July 27, 2009. IV. ADJOURNMENT The P&Z Regular meeting was adjourned at 8:58 p.m.by Chairperson Jerry Koza, Jr. These minutes are respectfully submitted by: Judy Kra" a, Pla ning cofitary Minutes approved as submitted and/or_q_cqected on this 20th day of July A.D., 2009. Acting Chairperson C Page 3 of 3 P&Z Minutes 7/20/09 nI 3 r aC denden, Jr.