2009-09-21 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 SEPTEMBER 21,
2009, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The Regular meeting was called to order at 8:31 p.m. by Chairperson Jerry Koza, Jr., in
the Council Chambers, with the following present:
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 Deputy City Attorney Nghiem Doan, Planning Director
Lata Krishnarao, Senior Planner Angela Gantuah, and Planning Administrative
Secretary Judy Krajca.
APPROVAL OF MINUTES
P&Z Commissioner Ron Capehart made the motion to approve the minutes of August
17, 2009, and P&Z Commissioner Darrell Diggs seconded.
The vote was 6-0. The minutes of August 17, 2009 were approved. P&Z Vice -
Chairperson Charles Gooden, Jr. was not present.
CONDUCT PUBLIC HEARING - THIRD PARTIAL REPLAT OF SHADOW CREEK
RANCH COMMERCIAL SITE NO. 18-A
A request by Robert Kness, Windrose Land Services, Inc., for CG -Shadow Creek
Ranch Village, L.P., owner, for approval of the Third Partial Replat of Shadow Creek
Ranch Commercial Site No. 18-A located on the east side of Kirby Drive north of
Shadow Creek Parkway (F.M. 2234). The applicant is proposing two lots in one block
and the property is described as follows:
Being 16.216 acres out of the T.C.R.R. Co. Survey, Section 4, Abstract No. 675 and the
Obediah Pitts Survey, Abstract No. 717, City of Pearland, Brazoria County, Texas
Plans and Plat Administrator Richard Keller explained that the applicant had requested
a waiver of decision for the plat and the hearing should be deferred.
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P&Z Commissioner Ron Capehart made the motion to defer the hearing to the next
meeting, and P&Z Commissioner Darrell Diggs seconded.
The vote was 6-0. The Public hearing was deferred.
CONSIDERATION & POSSIBLE ACTION — THIRD PARTIAL REPLAT OF SHADOW
CREEK RANCH COMMERCIAL SITE NO. 18-A
A request by Robert Kness, Windrose Land Services, Inc., for CG -Shadow Creek
Ranch Village, L.P., owner, for approval of the Third Partial Replat of Shadow Creek
Ranch Commercial Site No. 18-A located on the east side of Kirby Drive north of
Shadow Creek Parkway (F.M. 2234). The applicant is proposing two lots in one block
and the property is described as follows:
Being 16.216 acres out of the T.C.R.R. Co. Survey, Section 4, Abstract No. 675 and the
Obediah Pitts Survey, Abstract No. 717, City of Pearland, Brazoria County, Texas.
P&Z Vice Chairperson Charles Gooden, Jr. arrived at 8:32 p.m.
Plans and Plat Administrator Richard Keller explained that the applicant had requested
a waiver of decision for the plat.
P&Z Commissioner Neil West made the motion to grant the waiver of decision, and P&Z
Commissioner Henry Fuertes seconded.
The vote was 7-0. The Waiver of Decision for the Third Partial Replat of Shadow Creek
Ranch Commercial Site No. 18-A was approved.
CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2009-11Z
A request of LJA Engineering & Surveying, Inc., applicant for TexProj 2008 LLC, 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
Province Village, on the following described property, to wit:
Legal Description: Approximately a 15 acre tract of land out of the Dissen called
136.995 acre tract, recorded in Volume 505, Page 86, of the Deed of Records of
Brazoria County, Texas, situated in the Thomas J. Green Survey, Abstract 198,
Brazoria County, Texas, and a 26,9158 acre tract of land in the Thomas J. Green
Survey, Abstract 165, Brazoria County, Texas and being a part of that certain 136.955
acre tract conveyed from Jennie J. Settlegast, et al, to W.J. Dissen by instrument
recorded in Volume 505, Page 86, of the Deed of Records of Brazoria County, Texas,
and 5.7375 acres of land being situated in the W.D.C. Hall Survey, Abstract No. 23,
Harris County, Texas, and being out of 468.92 acre tract being more fully described in
Volume 1676, Page 362 of the Deeds of Records of Harris county, Texas said 1.3366
acres in Harris County Texas.
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General Location: Generally Located on the Northeast Corner of Pearland Parkway
and Broadway
Planning Director Lata Krishnarao recommended the applicant list the uses for Office
Professional (OP), and discuss hours of operation.
There was discussion with regards to the need of flipping the drive through lanes and
ATM machine away from the residential area. There was also discussion with regards
to the future development of the Pearland Commons Planned Development, located on
the NW corner of Pearland Parkway and Broadway, and the main entrance to that
development, also connecting to Province Drive.
P&Z Chairperson Jerry Koza, Jr. spoke of staff and the Commission creating a list of
questions that have compiled, along with the uses that would be acceptable under
Office Professional.
Senior Planner Angela Gantuah read a list of concerns that need to be addressed:
1. Traffic issue
2. List of possible uses under Office Professional (OP)
3. Hours of operation
4. Height of the OP uses that are closest to the residential area
5. Increase the buffer as the 25' required buffer was not enough, as suggested
during the public hearing
6. See a Site plan possibly flipping the layout, or show an alternative layout so that
the drive thru is not near the residential area, nor the ATM machine
7. Address the lighting pollution
8. Address the prominent fagade
Discussion continued regarding the layout of the bank and the driveway issues.
P&Z Commissioner Susan Sherrouse made the motion to table the item until the
applicant could return with information requested by Council and Commission, and P&Z
Commissioner Charles Gooden, Jr. seconded.
The vote was 7-0. Zone Change No. 2009-11Z was tabled.
CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2009-12Z
A request of Narmin Parpia and Raj Ramlal, applicant for Gerald Olson, owner, for a
change in zoning classification from Single Family Residential -1 (R-1) to the General
Commercial (GC) Zoning District, on the following described property, to wit:
Legal Description: Approximately 2.4051 acres of property out of a 40 acre tract of land
out of the Southwest'/4 of Northwest'/4 of Section 17, H.T. & B RR Co. Survey, Abstract
242, Brazoria County, Texas.
General Location: 8017 Fite, Pearland, TX
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P&Z Commissioner Ron Capehart made the motion to approve, and P&Z Commissioner
Neil West seconded.
Discussion ensued with concerns of the surrounding property, and the roads being able
to handle traffic in and out.
The vote was 7-0. Zone Change No. 2009-12Z was approved.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP2009-13
A request of Narmin Parpia and Raj Ramlal, applicant for Gerald Olson, owner, for a
conditional use permit to allow a warehouse in the General Commercial (GC) Zoning
District, on the following described property, to wit:
Legal Description: Approximately 2.4051 acres of property out of a 40 acre tract of land
out of the Southwest'/4 of Northwest'/4 of Section 17, H.T. & B RR Co. Survey, Abstract
242, Brazoria County, Texas.
General Location: Located at 8017 Fite Rd., Pearland, TX.
Senior Planner Angela Gantuah recapped the staff report.
P&Z Commissioner Charles Gooden, Jr. made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
Planning Director Lata Krishnarao stated the Conditional Use Permit could have
conditions that the warehouse could be used for.
There was much discussion with regards to the definition of warehouse. P&Z
Commissioner Ron Capehart suggested restricting the use of outside storage.
P&Z Vice Chairperson Charles Gooden, Jr. made the motion to amend the original
motion to include no outside storage, and P&Z Commissioner Darrell Diggs seconded.
The vote was 7-0. Conditional Use Permit No. CUP2009-13 was approved with the
condition of no outside storage.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP2009-12
A request by Paul LaChance, applicant for Pearland ISD, 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: A parcel of land containing 0.9960 acres (43,385 square feet) more
or less being all of lot 2, Block 1 according to the plat of the Pearland ISD Administration
Building as recorded in File No. 2008043425, that certain tract conveyed by Wal-Mart
Realty Company to Pearland Independent School District as recorded in File No.
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2005071503, Official record, Brazoria County, Texas, and being situated in the R.B.
Lyle Survey, Abstract No. 542, Brazoria County, Texas
General Location: 1924 Main Street, Pearland, TX.
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z Commissioner
Susan Sherrouse seconded.
There was discussion with regards to the elimination of the north entrance, the red light
being the main entrance, the orientation of the building, and the number of parking
spaces.
The vote was 7-0. Conditional Use Permit No. CUP2009-12 was approved.
DISCUSSION ITEMS
Planning Director Lata Krishnarao spoke about staff's Planning Day Presentation on
UDC 2000T-11, September 22, 2009 in the Community Center, beginning at 9:00 a.m.
Ms. Krishnarao also informed the Commission of the Builders Forum on September 29,
2009 in the Community Center, beginning at 8:00 a.m.
The next P&Z meeting will be on October 5, 2009.
The Texas APA Conference will be in Galveston, Texas on October 7-9, 2009.
There was discussion regarding the Commissions presentation to Council with regards
to the Land Use Plan on November 2, 2009.
ADJOURNMENT
P&Z Chairperson Jerry Koza, Jr. adjourned the meeting at 9:58 p.m.
These min es are respectfully submitted by:
1
,J
Judy Krajca, Pldhning Offi4e C6ordinator
Minutes approved as submitted and/or coTrett�d on this 1Ath day of October 2009, A.D.
Vice -Chairperson Charles Goocyen, Jr.
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