2009-11-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD NOVEMBER 16, 2009
AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS
CALL TO ORDER
Acting P&Z Chairperson Henry Fuertes called the meeting to order at 8:58 p.m. with the
following present:
Acting P&Z Chairperson Henry Fuertes
P&Z Commissioner Neil West
P&Z Commissioner Ron Capehart
P&Z Commissioner Susan Sherrouse
P&Z Commissioner Darrell Diggs
Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Angela
Gantuah, Planning Technician Ian Clowes, Deputy City Attorney Nghiem Doan, and
Planning Office Coordinator Judy Krajca.
APPROVAL OF MINUTES
P&Z Commissioner Ron Capehart made the motion to approve the minutes of the
Regular Meeting of November 2, 2009, and P&Z Commissioner Darrell Diggs
seconded.
The vote was 5-0. The minutes of November 2, 2009 were approved.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION — FINAL PLAT OF PORTIONS OF
COUNTY ROAD 58 AND SAVANNAH PARKWAY
A request by Geoffrey Freeman, Brown & Gay Engineers, Inc., for Savannah
Development, Ltd., owner, for approval of a Final Plat for Portions of County
Road 58 and Savannah Parkway located at the intersection of these two roads
within the Pearland E.T.J. The applicant is proposing road right-of-way and the
property is described as follows:
Being 12.56 acres of land located in the H.T. & B. R.R. Survey, A-302, A.C.H. &
B. Survey, A-403, & J.S. Talmage Survey, A-562, Brazoria County, Texas.
Plans and Plat Administrator Richard Keller stated the applicant is requesting a
Waiver of Decision for this plat.
P&Z Minutes
November 16, 2009
Page 1 of 8
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
The vote was 5-0. The Final Plat of Portions of Country Road 58 and Savannah
Parkway was approved.
REMOVE FROM TABLE — 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.
General Location: Generally Located on the Northeast Corner of Pearland
Parkway and Broadway, Pearland, TX
P&Z Commissioner Darrell Diggs made the motion to remove from table, and
P&Z Commissioner Neil West seconded.
The vote was 5-0. Zone Change No. 2009-11Z was removed from table.
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,
P&Z Minutes
November 16, 2009
Page 2 of 8
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.
General Location: Generally Located on the Northeast Corner of Pearland
Parkway and Broadway, Pearland, TX
P&Z Commissioner Susan Sherrouse made the motion to approve, and P&Z
Commissioner Ron Capehart seconded.
Senior Planner Angela Gantuah read the staff report and went over the list that
the Commission has asked be shown in the Planned Development.
The vote was 4-0. Zone Change No. 2009-11Z was approved. P&Z
Commissioner Darrell Diggs abstained from the vote.
CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2009-13Z
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:
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.
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
Senior Planner Angela Gantuah complimented CBL and Associates for working
with staff on the signage.
Planning Director Lata Krishnarao reiterated Council's concern of signs
promoting businesses that were off premise, and outside of Pearland.
P&Z Minutes
November 16, 2009
Page 3 of 8
P&Z Commissioner Ron Capehart commended CBL & Associates effort and
work, and appreciates the concept and plan.
P&Z Commissioner Darrell Diggs asked what the review and approval guidelines
would be, in order to get a sign permit.
Senior Planner Angela Gantuah responded that first, CBL would have a Planned
Development Guideline; second, the sign permit must meet approval; and third, if
it is irresolvable, the PD would have to be worked out.
The vote was 5-0. Zone Change No. 2009-13Z was approved.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP 2009-
17
A request of the Mendieta Family Foods Inc., applicant for West Side Associates
LTD, for a conditional use permit to allow a restaurant in the Neighborhood
Services (NS) Zoning District, on the following described property, to wit:
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
and that certain 3.8897 acres, more or less, out of Reserve "A", Replat of
Corrigan Addition, Section One, recorded in volume 11, Page 97-98 of the
Brazoria County Plat Records, Pearland, Texas.
General Location: Located at 5010 W. Broadway Street, Pearland TX
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Susan Sherrouse seconded.
Planning Technician Ian Clowes stated the site had previously been a restaurant.
Mr. Clowes expressed that Council's concern was the outside noise that might be
generated, and it's affect on the neighbors.
The vote was 5-0. Conditional Use Permit No. CUP 2009-17 was approved.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP 2009-
18
A Request of the Triad Retail Construction, Inc., applicant for Frank B. Holden &
Dorothy W. Holden, owners, for a conditional use permit to allow a professional
office in the Garden O'Day- Mixed Use (GO -MU) Zoning District, on the following
described property, to wit:
P&Z Minutes
November 16, 2009
Page 4 of 8
Legal Description: Approximately .6 acres of Lot 9, Block 7, of the Hickory
Creek Subdivision, Volume 1, Page 162 of the B.C.M.R. in the Brazoria County
Plat Records, Brazoria County Texas
General Location: Located at 2206 O'Day Road, Pearland TX
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
The vote was 5-0. Conditional Use Permit No. CUP 2009-18 was approved.
CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2009-15Z
A request of Ron Jackson with Curry Architecture, applicant for Ross
MacCammon, owner, for a change in zoning from the Single Family Residential -1
(R-1) Zoning District to the Planned Development Multi -Family (PD -MF) Zoning
District, on the following described property, to wit:
Legal Description : Being a tract of land approximately 9.5171 acres in the
W.D.C. Hall League, Abstract No. 70, Brazoria County, Texas and being the
residue of that tract sold by None Gay Carr to Ross A. McClendon, as described
in deed recorded under Brazoria county Clerk's file No. 95-022654.
General Location: Located at 2810 Dixie Farm Road, Pearland, Texas
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
P&Z Commissioner Darrell Diggs stated that the question came up during the
public hearing of who owns the property directly behind the tract shown on the
location map. Mr. Ron Jackson with Curry Architecture stated the
MacCammon's own the property and that the entire tract is being proposed for
the zone change.
Staff and the Commission discovered that not all the property owners were
notified and it was determined that the public hearing would have to be re -
advertised.
P&Z Commissioner Ron Capehart made the motion to table the item, and P&Z
Commissioner Darrell Diggs seconded.
The vote was 5-0. Zone Change No. 2009-15Z was tabled until after a public
hearing was held.
P&Z Minutes
November 16, 2009
Page 5 of 8
CONSIDERATION & POSSIBLE ACTION — Zone Change No. 2009-14Z
A request of Blaire Korndorffer, applicant for Felton M and Mary C Baker,
owners, for a change in zoning from the Office Professional (OP) Zoning District
to the General Commercial (GC) zoning district, on the following described
property, to wit:
Legal Description: Approximately 3.7561 acres of land being Lots O, R, U, and
N. Replat of Pearland Pavilion Subdivision recorded in volume 17, Pages 395-
398, Brazoria county Map Records, Brazoria County, Texas and being out of the
H.T. & B.R.R. Company Survey, Section 2, Abstract 239, and A.C.H. & B.
Survey, Section 1, Abstract 147 in Brazoria County, Texas.
General Location: Generally located at the southwest corner of Hampshire
Road and Old Alvin Road, Pearland, Texas
P&Z Commissioner Susan Sherrouse made the motion to approve, and P&Z
Commissioner Ron Capehart seconded.
Much discussion ensued among the Commission and Staff regarding the best
use of the land.
The vote was 0-5. Zone Change No. 2009-14Z was denied.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP 2009-
14
A request of Blaire Korndorffer, applicant for Felton M and Mary C Baker,
owners, for a conditional use permit to allow office/warehouse with sales to the
public in the General Commercial (GC) Zoning District, on the following
described property, to wit:
Legal Description : Approximately 6.0415 acres of land being Lots K, N, O, R
and U. Replat of Pearland Pavilion Subdivision recorded in volume 17, Pages
395-398, Brazoria county Map Records, Brazoria County, Texas and being out of
the H.T. & B.R.R. Company Survey, Section 2, Abstract 239, and A.C.H. & B.
Survey, Section 1, Abstract 147 in Brazoria County, Texas.
General Location: Generally located at the north side of Mary's Creek between
SH 35 and Old Alvin, Pearland, Texas
P&Z Commissioner Susan Sherrouse made the motion to approve, and P&Z
Commissioner Ron Capehart seconded.
The vote was 0-5. Conditional Use Permit No. CUP 2009-14 was denied.
P&Z Minutes
November 16, 2009
Page 6 of 8
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP 2009-
15
A request of Blaire Korndorffer, applicant for Felton M and Mary C Baker,
owners, for a conditional use permit to allow conditioned storage in the General
Commercial (GC) Zoning District, on the following described property, to wit:
Legal Description: Approximately 20.1374 acres of land being Lot V. Replat of
Pearland Pavilion Subdivision recorded in volume 17, Pages 395-398, Brazoria
county Map Records, Brazoria County, Texas and being out of the H.T. & B.R.R.
Company Survey, Section 2, Abstract 239, and A.C.H. & B. Survey, Section 1,
Abstract 147 in Brazoria County, Texas.
General Location: Generally located at the south side of Hampshire Road,
Pearland, Texas
P&Z Commissioner Ron Capehart made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
P&Z Commissioner Henry Fuertes stated he was not in favor of storage.
The vote was 0-5. Conditional Use Permit No. CUP 2009-15 was denied.
DISCUSSION ITEM
Planning Director Lata Krishnarao went over the schedule for the next Future
Land Use Plan Workshop, being November 23rd, November 30th, and December
7th
The next P&Z meeting will be on December 7, 2009, and there will not be a Joint
Public Hearing in December.
ADJOURNMENT
P&Z Chairperson Jerry Koza, Jr. adjourned the meeting at 10:46 p.m.
Thes i es are respectfully submitted by:
Judy Kfajca, PI nning O ce Voordinator
P&Z Minutes
November 16, 2009
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Minutes approved as submitted and/or corrected on this 7th day of December 2009,
A. D.
, Jr.
P&Z Minutes
November 16, 2009
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