2009-08-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 17, 2009,
AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519
LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The Regular meeting was called to order at 9:21 p.m. by Chairperson Jerry Koza, Jr., in
the Council Chambers, with the following present:
SCA
P&Z Chairperson Jerry Koza, Jr.
P&Z Vice -Chairperson Charles Gooden, Jr.
P&Z Commissioner Neil West
P&Z Commissioner Susan Sherrouse
P&Z Commissioner Darrell Diggs
P&Z Commissioner Henry Fuertes
P&Z Commissioner Ron Capehart
Also in attendance: Assistant City Manager Mike Hodge, Deputy City Attorney Nghiem
Doan, Planning Director Lata Krishnarao, Senior Planner Angela Gantuah, Plans and
Plat Administrator Richard Keller, and Planning Administrative Secretary Judy Krajca.
APPROVAL OF MINUTES
P&Z Vice -Chairperson Charles Gooden, Jr. made the motion to approve the minutes of
August 6, 2009, and P&Z Commissioner Ron Capehart seconded.
The vote was 7-0. The minutes of August 6, 2009 were approved.
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF THE CROSSING AT 288
A request by Scott Wright, Jones & Carter, Inc. for The Crossing at 288 Shopping
Center, Ltd., owner, for approval of a Final Plat of The Crossing at 288 located at the
northwest corner of Broadway (F.M. 518) and Smith Ranch Road (C.R. 94) within the
Pearland E.T.J. The applicant is proposing eleven lots in one block and the property is
described as follows:
Being 34.0810 acres out of Block 22, Lots 2 and 4; Block 23, Lots 2 and 4; Block 24,
Lots 1-3; and Block 25, Lot 3 of Sections 3 & 4, T.C.R.R. Survey and Section 82, H.T. &
B.R.R. and Obediah Pitts Survey, Vol. 2, Pg. 99-100, B.C.P.R. in the John M. Maxcy
Survey, A-675, Brazoria County, Texas
Plans and Plat Administrator Richard Keller read the staff report stating there were two
outstand items remaining - the Lienholder Subordination, and the Courier & Recordation
fees. Mr. Keller added that the property is in the ETJ and therefore there is no zoning.
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P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Susan Sherrouse seconded.
P&Z Commissioner Henry Fuertes inquired if these two items were minor, and Plans
and Plat Administrator Richard Keller replied they were, but would be taken care of
before the plat is recorded.
The vote was 7-0. The Final Plat of the Crossing at 288 was approved.
P&Z Chairperson Jerry Koza, Jr. stated that the following plats have been withdrawn
and no action is necessary. These plats are:
Final Plat of Savannah Commercial Tract — withdrawn.
Final Plat of Savannah School Site and Fire Station Reserves — withdrawn.
Final Plat of Savannah Church Site — withdrawn.
Final Plat of Portions of County Road 58 and Savannah Parkway — withdrawn.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2009-09Z
A request by Jung Kwak, applicant and owner, for approval of a change in zoning
district from the classification of Cullen -Mixed Use (C -MU) to General Business (GB)
zoning district, on the following described property, to wit;
Legal Description: Approximately 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.
General Location: Located 2620 Cullen Parkway, Pearland, TX
P&Z Vice -Chairperson Charles Gooden, Jr. made the motion to approve, and P&Z
Commissioner Ron Capehart seconded.
P&Z Commissioner Darrell Diggs inquired about the Future Land Use Plan and the
difference between C -MU and GB.
Planning Director Lata Krishnarao stated that when Mr. Kwak purchased the property it
was zoned GB, but when the UDC was adopted, the property was rezoned to C -MU.
The vote was 7-0. Zone Change No. 2009-09Z was approved.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
CUP2009-10
A request by Cecil Whitton, applicant for Life Pointe Fellowship, owner, for approval of a
conditional use permit in the Single Family Residential -1 (R-1) zoning district, on the
following described property, to wit:
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Legal Description: 4.793 acre tract of land in the W.D.C. Hall League Survey, Abstract
No. 70 in Brazoria County, Texas. Said 4.793 acre tract is part of a 5.103 acre tract
conveyed to Bethany Assembly of God Church as recorded in Volume 1158, Page 625
of the Deed Records of Brazoria County, said tract being out of Tract 1 of the Partition
of 120.44 acres as shown on the Partition Map recorded in Volume 6, Page 142 in the
Map Records of Brazoria County.
General Location: Located at 3011 Yost Boulevard, Pearland, TX
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z Commissioner
Darrell Diggs seconded.
P&Z Commissioner Darrell Diggs asked if the church currently had a CUP.
Senior Planner Angela Gantuah replied there was not a CUP on the property, it has
been grandfathered. Therefore, it is nonconforming.
P&Z Chairperson Jerry Koza, Jr. inquired about platting. Planning Director Krishnarao
stated the applicant will need to plat, but not to get a CUP, but to get a building permit.
Discussion ensued on whether the CUP was necessary, and Deputy City Attorney
Nghiem Doan referred to the UDC, Section 2.7.3.2 (a) (2).
The vote was 7-0. Conditional Use Permit No. CUP2009-10 was approved.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
CUP2009-11
A request by Scott Morrison, applicant for EJC Family Partnership, Ltd., owner, for
approval of a conditional use permit in the Light Industrial (M-1) zoning district, on the
following described property, to wit:
Legal Description: Approximately 16.176 acre tract of land, out of Lots 83 and 84 of
the Subdivision of Section 2 and 3, H.T. & B.R.R. Co. Survey, Abstract No's. 542 and
232. Situated in Brazoria County, Texas and approximately 26.162 acres of land
located within Lot No's 83 and 84 of the Subdivision and Section No's. 2 and 3, H.T. &
B.R.R. Co. Survey, Abstract No's. 542 and 232.
General Location: Located at 1014 N. Main Street, Pearland, TX
P&Z Vice -Chairperson Charles Gooden, Jr. made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
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P&Z Chairperson Jerry Koza, Jr. addressed the audience and stated the Commission
would make a recommendation tonight to approve, deny, or table. The Commission
would not be deciding on the violations.
P&Z Commissioner Susan Sherrouse stated the indoor auto repair might not be right
with a CUP.
P&Z Commissioner Neil West inquired if gaming establishments were allowed, and
Deputy City Attorney Nghiem Doan stated it was allowed with a CUP. Attorney Scott
Morrison stated at present, there were no gaming establishments on the premise.
Deputy City Attorney Nghiem Doan stated the Commission can choose what is allowed
under a CUP in the flea market, otherwise a separate CUP will be needed at sometime.
Discussion ensued between the Commission/Staff/Attorney's.
P&Z Vice -Chairperson Charles Gooden, Jr. asked what initiated the CUP.
Deputy City Attorney stated there was no disagreement between the City and Coles
Flea Market on the structures that never received permits. Coles Flea Market would like
to be in compliance.
P&Z Commissioner Neil West asked if any of the five prohibited uses existed at the flea
market, and Attorney Scott Morrison commented on the museum, outdoor amusement
area, and the temporary outdoor amusement.
P&Z Vice -Chairperson Charles Gooden, Jr. asked if the CUP application was
accompanied by a site plan, and list of uses. Senior Planner Angela Gantuah replied
that staff has requested this.
Discussion ensued on the possibility of a Planned Development, instead of a CUP, the
number of parking spaces and how it was calculated, the site plan, and a
comprehensive list of uses.
P&Z Commissioner Susan Sherrouse made the motion to table in order for the applicant
to come back with concrete evidence, and P&Z Commissioner Neil West seconded.
The vote was 3-4. The recommendation to table failed.
Discussion ensued.
The vote was 0-7. The CUP was denied for the following reasons: lack of information,
need for a site plan, need for a time table, and a list of uses that already exist.
P&Z Vice -Chairperson asked if the motion could be reconsidered. Deputy Attorney
Nghiem Doan replied yes. The motion failed, for lack of a second.
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P&Z Chairperson explained that City Council would make a decision at the August 31,
2009 meeting.
DISCUSSION ITEMS
Staff informed the Commission that there would not be a meeting on September 7, 2009
due to the holiday, and was unsure at this time if there would be a workshop on
September 14, 2009.
P&Z Chairperson Jerry Koza, Jr. adjourned the meeting at 11:11 p.m.
These minutes are respectfully submitted by:
Judy rajca Plannin S retary
Minutes approved as submitted and/or corrected on this 21st day of September 2009,
A. D..
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