2007-11-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, HELD NOVEMBER 19, 2007 AT 6:30 P.M., IN THE 2ND
FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS
CALL TO ORDER
Chairperson Henry Fuertes called the meeting to order at 8:43 p.m. with
the following present:
P & Z Chairperson Henry Fuertes
P & Z Commissioner Susan Sherrouse
P & Z Commissioner Neil West
P & Z Commissioner Jerry Koza, Jr.
P & Z Commissioner Darrell Diggs
P & Z Commissioner Charles Gooden, Jr.
P & Z Commissioner Ron Capehart
Also in attendance were: Planning Director Lata Krishnarao, Senior
Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller,
Planner Tim Chi, City Attorney Darrin Coker, Deputy City Attorney Nghiem
Doan, Assistant City Attorney Lawrence Provins, and Planning
Administrative Secretary Judy Krajca.
II. APPROVAL OF MINUTES
Commissioner Sherrouse made the motion to approve, and Commissioner
West seconded. The vote was 7-0 for approval of the minutes of
November 19, 2007.
III. NEW BUSINESS
A. Consideration & Possible Action — Conditional Use Permit No.
CUP2007-19
A request by Will Benson and TNRG Acquisitions, applicant for Eisie
M. Pitsenbarger Living Trust, owner, for approval of a Conditional Use
Permit for the following uses: construction contractor with storage
yard; machinery sales, storage, and repair; moving and storage
company; printing; office warehouse storage or sales; outside storage;
storage of used lumber and building products; tool and machinery
rental; welding shop; and warehouse and distribution facility; in the
General Commercial District (GC), Regarding Potential Litigation
Associated with Land Use Issues.
Commissioner Sherrouse made the motion to approve, and
Commissioner Diggs seconded.
There was brief discussion among the Commission and Staff.
The vote was 7-0. The Permit was approved.
B. Consideration & Possible Action — Conditional Use Permit No.
CUP2007-21
A request by Barbara Lee, applicant for Lynn Nichols, owner, for
approval of a Conditional Use Permit for a "gaming establishment"
facility in the Old Townsite General Business District (OT-GB).
Commissioner Diggs made the motion to approve, and
Commissioner Koza, Jr. seconded.
There was discussion among the Commission in regards to curfew,
liquor license, and the publics comment in opposition.
The vote was 6-1. The permit was approved. Commissioner
Gooden, Jr. voted against, stating his opposition was based on the
moral element, and with a gameroom, he did not feel there would
be this huge criminal influx.
C. Consideration & Possible Action — Amendments to the Master
Thoroughfare Plan
Commissioner West made the motion, and Commissioner Koza, Jr.
seconded.
There was brief discussion among the Commission and Staff.
The vote was 7-0. The Amendment was approved.
D. Consideration & Possible Action — Zone Change No. 2007-19Z
A request by New Life Lutheran Church, applicant for Robert
Alexander and Tom Alexander, owners, 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 Single
Family Residential — 2 District (R-2) and General Business Retail
District (GB) to Planned Development District (PD).
Commissioner West made the motion, and Commissioner Capehart
seconded.
Staff recommended tabling the item due to comments needing to
be addressed.
Mr. Johnie Holland, representative for New Life Lutheran Church
expressed concern with the timeline for approval.
Commissioner Koza, Jr. inquired if the item is tabled, and the
applicant brings in corrections on November 26, 2007, could this
item appear on the December 3, 2007 agenda for P&Z, as well as,
appear on City Council's agenda for December 10, 2007.
There was much discussion among the Commission/Staff/Legal.
Planning Director Krishnarao stated that Staff has worked with
applicants before on Planned Developments, and if the applicant
can address all outstanding items, then the Zone Change can go
before City Council on December 10, 2007. However, if they
cannot, then it would not go before City Council on December 10,
2007.
Commissioner Diggs made the motion to table, and Commissioner
Koza, Jr. stated that before he would second this motion, he asked
that the extension of Alexander Lane be open at the time of the
church's completion. There was further discussion on this issue.
Commissioner Koza, Jr. made the motion to table, with the
applicant making a submission with corrections by November 26,
2007, and Commissioner Capehart seconded, asking for a
definitive phasing schedule.
The vote was 7-0 to table Zone Change No. 2007-19Z.
E. Amendments to the Unified Development Code
A request by the City of Pearland, for an amendment to the Unified
Development Code (UDC), Ordinance No. 2000T.
Commissioner Koza, Jr. made the motion to approve, and
Commissioner Capehart seconded.
There was much discussion among the Commission/Staff/Legal.
The vote was 7-0. The Amendments were approved.
F. CONSIDERATION & POSSIBLE ACTION—Final Plat of
Province Village Drive, Office Park and Reserves
A request by Ralph Thomas, LJA Engineering & Surveying, Inc., for
The Maverick Group, LLP, owner, for approval of a final plat of
17.314 acres zoned Province Village Planned Unit Development
(PUD). The applicant is proposing (6) lots located east of Pearland
Parkway, north of FM 518, and west of Country Club Drive.
Commissioner Koza, Jr. made the motion to approve, and
Commissioner Sherrouse seconded.
Plans and Plat Administrator Keller read the Staff report stating
there were eight (8) outstanding items. Two of the items have been
taken care of; four (4) items were minor, and Mr. Keller deferred the
remaining two items to the Deputy City Attorney.
Deputy City Attorney Doan addressed the issues relating to
securities and public improvements.
Planning Director Krishnarao recommended the surety include the
Trail System and Parks.
Commissioner Diggs recommended an amendment to the motion
to approve with the stipulation that the applicant meets all of Staffs
requirements, and Commissioner Koza, Jr. seconded.
The vote was 7-0 for the approval of the original motion.
The vote was 7-0 for the amendment to the motion.
G. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of
Shadow Creek Ranch Commercial Site No. 16B
A request by LJA Engineering & Surveying, Inc., for Buc-ee's
Limited Partnership, owner, for approval of a preliminary plat of
2.694 acres zoned Shadow Creek Ranch Planned Unit
Development (PUD). The applicant is proposing (1) lot located
west of SH 288 and north of Shadow Creek Parkway.
Applicant made a withdrawal request on 11/14/07. No action
necessary.
H. CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of
The Lakes at Highland Glen Section Twelve
Petition for Waiver (Section 1.3.4.1. of Unified Development Code).
Variance request by C.L. Davis & Company to increase the block
length from 1,200 feet to 1,344.31 feet on Laurel Leaf Lane,
between Briarsage Lane and Blakely Grove Lane.
Commissioner Sherrouse made the motion to approve, and
Commissioner Koza, Jr. seconded.
There was no discussion.
The vote was 7-0 for approval.
CONSIDERATION & POSSIBLE ACTION—Preliminary Plat of
The Lakes at Highland Glen Section Twelve
A request by Chuck Davis, C.L. Davis & Company, for Beazer
Homes Texas, L.P., owner, for approval of a preliminary plat of
46.6186 acres zoned Lakes at Highland Glen Planned Unit
Development (PUD). The applicant is proposing (58) lots located
east of Pearland Parkway and west of Clear Creek.
Commissioner West made the motion to approve, and
Commissioner Sherrouse seconded.
Plans and Plat Administrator Keller read the Staff report, stating
Staff recommends approval.
The vote was 7-0 for approval.
J. ELECTION OF OFFICERS
Deputy City Attorney Doan asked the Commission to pass on this
item, with no vote. There was much discussion among the
Commission/Legal, with a final decision to elect a Vice-
Chairperson. Deputy City Attorney Doan recommended that the
Rules of Procedures for the Planning and Zoning Commission be
rewritten in regards to the timeline for the annual election of
officers. It was decided that training would take place for the
Commissioners and this action looked into at this time.
Nominations for Vice-Chairperson were extended to
Commissioners Jerry Koza, Jr., Susan Sherrouse, Charles
Gooden, Jr., and Neil West. Mr. West withdrew his name.
A private ballot was done, and Commissioner Jerry Koza, Jr. was
voted for as Vice-Chairperson for the Planning and Zoning
Commission.
K. DISCUSSION ITEMS
There was brief discussion in regards to the next meeting, and
future training of the Commission.
IV. ADJOURNMENT
Chairperson Henry Fuertes adjourned the meeting at 10:45 p.m.
These minutes are respectfully submitted by:
•
Judy KfjcT,12Aninistra */?el:fda-nning Secretary
Minutes approved as submitted and/or corrected on this 3rd day of
December, A.D., 2007. 1111‘
Henry Fuertes
P&Z Chairperson
- "Charles D. Gooden, Jr." To <JKrajca@ci.pearland.tx.us>
<douglas@goodenengineers.
corn> cc
`�`• 12/03/2007 03:21 PM bcc
Please respond to Subject Minutes
<douglas@goodenengineers.c
om>
Hi Judy,
I've got a small correction on the minutes. I think that my comments regarding the CUP for the
"game room" were"I don't think that there will be this huge criminal influx." The minutes are
correct, in my opinion, regarding my comments on moral issues related to the game room.
Regards,
Charles Gooden, Jr.
Charles D. Gooden
Consulting Engineers, Inc.
2320 Holmes Road, Suite A
Houston, TX 77051-1014
Office (713) 660-6905 ext. 225
Fax (713) 660-8817