2008-03-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD MARCH 18, 2008 AT 7:00 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS
I. CALL TO ORDER
Chairperson Henry Fuertes called the meeting to order at 9:13 p.m. with
the following persons present:
Chairperson Henry Fuertes
Commissioner Neil West
Commissioner Susan Sherrouse
Commission Ron Capehart
Commission Charles Gooden, Jr.
Also in attendance were: Planning Director Lata Krishnarao, Senior
Planner Theresa Grahmann, Plans and Plat Administrator Richard Keller,
Planner Tim Chi, Deputy City Attorney Nghiem Doan, Assistant City
Manager Nick Finan, and Administrative Secretary Judy Krajca.
II. APPROVAL OF MINUTES
Commissioner Capehart made the motion to approve with corrections to
Items D, M, N, and 0 to include the actual staff comments; and, a
correction to Item 0, with the vote being 6-0 with Chairperson Henry
Fuertes abstaining from the vote. Commissioner Sherrouse seconded the
motion.
The vote was 5-0, for approval of the minutes of February 18, 2008 with
corrections as mentioned above.
III. NEW BUSINESS
A. CONSIDERATION & POSSIBLE ACTION — CUP2008-09
A request by USC Express, LLC, owner, for approval of a
Conditional Use Permit for a "mini-warehouse and self storage"
facility in the General Business Retail District (GB), generally
located on the North Side of FM 518 (Broadway Street), and
Approximately 400 Feet East of Miller Ranch Road.
Commissioner Capehart made the motion to approve, and
Commissioner Gooden, Jr. seconded.
Page 1 of 6
P&Z Minutes
3/17/08
Commissioner Sherrouse asked if the applicant would have to
comply with the color palette, and Planning Director Krishnarao
replied that they would.
Chairperson Fuertes asked the owner if there was room for outdoor
storage, and was told that yes, in the back, as it is opened for large
RV storage.
The vote was 5-0. CUP2008-09 was approved.
B. CONSIDERATION & POSSIBLE ACTION — Conditional Use
Permit No. CUP2008-11
A request by Betty Jones, applicant for S. Kevin Price, owner, for
approval of a Conditional Use Permit for a "gaming establishment"
facility in the General Commercial District (GC), generally located
on the East Side of SH 35 (Main Street), and on the North Side of
Hastings Cannon Road (CR 128).
Commissioner Capehart made the motion to approve, and
Commissioner Gooden, Jr. seconded.
Commissioner Gooden, Jr. asked for clarification on the vote of City
Council, and Deputy City Attorney Doan explained the super
majority vote needed in order for it to pass. Because there were
only four council members, the CUP failed.
Discussion ensued with regards to the unpopular use, and this
location being a major entrance into the city.
The vote was 2-3. The CUP failed due to staff comments and the
undesirable use and location. Commissioner Sherrouse, Gooden,
Jr., and West voted in opposition.
C. CONSIDERATION & POSSIBLE ACTION - Conditional Use
Permit No. CUP2008-12
A request by Vineyard Christian Fellowship of Pearland, applicant
for Massoud Motamedi, owner, for approval of a Conditional Use
Permit for a "church" facility in the Neighborhood Service District
(NS), Generally Located on the East Side of Harkey Road, and
Approximately 700 Feet North of Fite Road.
Commissioner Gooden, Jr. made the motion to approve, and
Commissioner West seconded.
Page 2 of 6
P&Z Minutes
3/17/08
Discussion ensued with regards to height restriction, facade,
shared parking with the school district, and traffic.
City Engineer, Narciso Lira stated that when the Traffic Impact
Analysis is being reviewed, Engineering would take into
consideration the concerns of traffic off of Harkey Road.
Commissioner Capehart made a motion to amend and prohibit
access to Bardet Rd, with retention being in the general area, and
Commissioner Gooden, Jr. seconded. The representatives for the
church commented that this road might be beneficial to the
neighborhood. Discussion continued among Staff/Commission.
The vote on the amendment to accept the CUP with access to
Bardet Rd. prohibited was 3-2. The Amendment passed with
Commissioner Capehart, and Gooden, Jr. voting in opposition.
The vote on the original motion was 5-0. CUP2008-12 was
approved.
D. CONSIDERATION & POSSIBLE ACTION - Conditional Use
Permit No. CUP2008-13
A request by Bay Architects, Inc., applicant for Pasadena
Independent School District, owner, for approval of a Conditional
Use Permit for a "public elementary school" in the Single Family
Residential — 1 District (R-1), Generally Located on the East Side of
the future extension of Riverstone Ranch Drive, and Approximately
1,000 Feet South of Sugarbush Ridge Lane.
Commissioner Capehart made the motion to approve, and
Commissioner Gooden, Jr. seconded.
Commissioner Gooden, Jr. asked the applicant if the area
surrounding the school would be residential. A representative from
Pasadena ISD replied that this was his understanding.
Discussion ensued about schools having benefits or exceptions to
the Unified Development Code.
Senior Planner Grahmann asked if the staff comment would be
added as a condition of approval.
Commissioner Capehart made the motion to amend the motion to
include staff comment in regards to complying with Chapter 4 of the
Page 3 of 6
P&Z Minutes
3/17/08
UDC as it applies to commercial properties, Commissioner
Gooden, Jr. seconded.
The vote was 5-0. CUP2008-13 was approved with staff coments.
E. CONSIDERATION & POSSIBLE ACTION — Zone Change No.
2008-07Z
A request by Whispering Apartments 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 Single Family Residential — 3 District (R-3) to Multiple
Family Residential District (MF), Generally Located on the East
Side and West Side of Westminister Drive, on the North Side of
Whispering Winds Drive, and Approximately 600 Feet North of FM
518 (Broadway Street).
Commissioner West made the motion to approve, and
Commissioner Sherrouse seconded.
Discussion ensued with regards to City Council's suggestion of
density be looked at in different zones, and for staff to have time to
look into the Town Home District.
Commissioner Gooden, Jr. asked for the history of the "dislike" to
apartments, and Assistant City Manager Finan spoke of a study
done in the past with the Comprehensive Plan Study.
Chairperson Fuertes asked why are they seeking a change in
zoning. Assistant City Manager Finan stated the applicant chose to
do so because they were non-conforming. Discussion continued.
The vote was 3-2. Zone Change No. 2008-07Z was approved.
Commissioner Capehart, and West voted in opposition.
F. CONSIDERATION & POSSIBLE ACTION — Amendments to the
Unified Development Code (UDC)
A request by the City of Pearland, for an amendment to the Unified
Development Code, Ordinance No. 2000T, Generally Regarding
the G/O — MU, Garden/O'Day — Mixed Use District (Section
2.4.3.3).
Commissioner Capehart made the motion to approve, and
Commissioner Gooden, Jr. seconded.
Page 4 of 6
P&Z Minutes
3/17/08
Commissioner Gooden, Jr. asked what initiated this. Assistant City
Am' Manager Finan stated that an applicant took out an old mobile
home, and brought in a new one. Permits discovered they were
non-conforming.
Discussion ensued among the Commission/Staff/Legal.
The vote was 5-0. The Amendment to the UDC was approved.
G. CONSIDERATION & POSSIBLE ACTION - Conditional Use
Permit No. CUP2008-14
A request by the City of Pearland, applicant for various property
owners along Garden Road and O'Day Road, for approval of a
Conditional Use Permit for Industrial Uses as described in the Land
Use Matrix for Light Industrial District (M-1) and Heavy Industrial
District (M-2), on the following described addresses:
1514 Garden Road; 1845 Garden Road; 2005 Garden Road; 2233
Garden Road; 2236 Garden Road; 2245 Garden Road; 2302
Garden Road; 2357 Garden Road; 2530 Garden Road; 1950 O'Day
Road; 1902 Garden Road.
,.r Commissioner Gooden, Jr. made the motion to approve, and
Commissioner Capehart seconded.
Commissioner Capehart asked for clarification that only one of
these parcels were zoned for Light Industrial (M-1). Senior Planner
Grahmann stated that was correct.
Chairperson Fuertes, and Commissioner West commented on the
noise issue, brought up by the surrounding homeowners.
Commissioner Sherrouse stated she felt the citizen misunderstood
the point of this rezoning.
Assistant City Manager Finan commented that possibly some of the
surrounding homeowners felt it might be an opportunity to complain
about the noise in hopes that the manufacturing business would go
away.
The vote was 5-0. CUP2008-14 was approved.
H. CONSIDERATION & POSSIBLE ACTION — Variance Request
A request by Greg Patch of LJA Engineering, for CG-Shadow
Creek Ranch Village, for approval of a variance to allow 6' wide
Page 5 of 6
P&Z Minutes
3/17/08
sidewalks on one side instead of 4' wide sidewalks for both sides -•�,
for a private road, generally located at Shadow Creek Parkway and
Kirby Drive, known as Shadow Creek Ranch Commercial Site No.
18-A, Brazoria County, Texas, City of Pearland.
Commissioner Sherrouse made the motion to approve, and
Commissioner Capehart seconded.
Commissioner Sherrouse stated she feels the sidewalks are
needed on both sides. Assistant City Manager Finan explained
what the applicant wants, and that staff supports this.
Discussion continued.
The vote was 5-0. The variance was approved.
I. DISCUSSION ITEMS
There was brief discussion in regards to the National APA
Conference.
IV. ADJOURNMENT
Chairperson Henry Fuertes adjourned the meeting at 10:38 p.m.
These minutes are respectfull submitted by:
Judy Krajc , Plannin Secreta
Minutes approved as submitted and/or corrected on this 7th day of April, A.D.,
2008.
P&Z C person, Hery Fuertes
Page 6 of 6
P&Z Minutes
3/17/08