2009-09-21 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
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
Mayor Torn Reid and P&Z Chairperson Jerry Koza, Jr. called the public hearing to
order at 6:47 p.m. with the following present:
Mayor Tom Reid P&Z Chairperson Jerry Koza, Jr.
Mayor Pro-Tern Felicia Kyle P&Z Vice Chairperson Charles Gooden, Jr.
Council Member Kevin Cole P&Z Commissioner Neil West
Council Member Woody Owens P&Z Commissioner Susan Sherrouse
Council Member Scott Sherman P&Z Commissioner Darrell Diggs
Council Member Steve Saboe P&Z Commissioner Henry Fuertes
P&Z Commissioner Ron Capehart
Also in attendance: City Attorney Darrin Coker, City Manager Bill Eisen, Assistant City
Manager Mike Hodge, Assistant City Manager Jon Branson, City Engineer Narciso
Lira, Planning Director Lata Krishnarao, Senior Planner Angela Gantuah, and Planning
Administrative Secretary Judy Krajca
Senior Planner Angela Gantuah explained the Joint Public Hearing process for the
attending public, and explained that the Planning & Zoning Commission meeting will
immediately follow the Joint Public Hearing.
Mayor Tom Reid called to order the Public Hearing for Conditional Use Permit No.
2009-12 at 6:50 p.m.
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, Official Records, Brazoria
County, Texas, said 0.9960 acre tract being out of that certain tract conveyed by Wal-
Mart Realty Company to Pearland Independent School District as recorded in File No.
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.
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P&Z Chairperson Jerry Koza, Jr. read the purpose into the record.
Senior Planner Angela Gantuah presented the staff report, recommending approval,
and noted that staff did not receive any Public Comment Forms.
Mr. Paul LaChance, applicant, 1205 Dub Lane, Danbury, Texas spoke.
There was no one present to speak for or against the Conditional Use Permit.
Council Member Kevin Cole asked about the number of parking spaces at the
Pearland ISD Administration Building and would any be taken out in order for the Sonic
to go in. Mr. LaChance stated he did not have the numbers with him, but would see
that staff had this information.
P&Z Chairperson Jerry Koza, Jr. inquired if this property was being leased or
purchased. Mr. LaChance replied this was a lease. Mr. Koza, Jr. asked if the traffic
would be a problem, and suggested they close the far north entrance.
Council Member Kevin Cole asked if a Traffic Impact Analysis would occur, and City
Engineer Narciso Lira replied that a TIA was submitted, but not sure if it indicated the
closing of the north entrance. The intention is for traffic to Sonic to enter at the traffic
light.
P&Z Commissioner Henry Fuertes stated he would like to see a site plan to look at the
depth of the building verses the width of the building, before approving.
Mayor Tom Reid adjourned the Public Hearing for Conditional Use Permit No.
CUP2009-12 at 7:06 p.m.
Mayor Tom Reid opened the Public Hearing for Zone Change No. 2009-12Z and
Conditional Use Permit No. CUP2009-13 at 7:06 p.m.
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 1/4 of Northwest 1/4 of Section 17, H.T. & B RR Co. Survey,
Abstract 242, Brazoria County, Texas.
General Location: 8017 Fite, Pearland, TX
CONDITIONAL USE PERMIT NO. CUP2009-13
A request of Narmin Parpia and Raj Ramlal, applicant for Gerald Olson, owner, for a
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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 1/4 of Northwest 1/4 of Section 17, H.T. & B RR Co. Survey,
Abstract 242, Brazoria County, Texas.
General Location: Located at 8017 Fite Rd., Pearland, TX.
P&Z Chairperson Jerry Koza, Jr. read the purpose into the record.
Senior Planner Angela Gantuah presented the staff report, recommending approval for
both Zone Change No. 2009-12Z and Conditional Use Permit No. CUP2009-13. Ms.
Gantuah added that additional requirements could be placed on CUP2009-13.
Mr. Mike Chance, 3117 Autumn Court, Pearland, TX spoke, representing the owner,
Gerald Olson.
Mrs. Narmin Parpia, 2615 Winchester Court, Pearland, TX applicant spoke and
showed a slide show.
There was no one present to speak for or against the Zone Change or Conditional Use
Permit.
P&Z Commissioner Neil West inquired about the warehouse operation and if the
property would need to be platted. Senior Planner Angela Gantuah replied that it was
necessary first for the applicant to get the zone change, and the Conditional Use
Permit, Plat the property, and then apply for the permit. The applicant will comply with
the UDC.
There was brief discussion with regards to the width of Fite Road, and trucks being
able to turn around. City Engineer Narciso Lira responded that the width was 80 ft.
Mayor Tom Reid adjourned the Public Hearing for Zone Change No. 2009-12Z and
Conditional Use Permit No. CUP2009-13 at 7:32 p.m.
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
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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.
P&Z Chairperson Jerry Koza, Jr. read the purpose into the record.
Senior Planner Angela Gantuah presented the staff report, stating that she had
returned approximately 50 phone calls from homeowners, and that the Planning
Secretary Judy Krajca received approximately 30 calls per day for the past three work
days. Staff received 8 public comment forms in opposition, and 1 public comment form
in favor of the zone change.
P&Z Commissioner Ron Capehart excused himself at 7:33 p.m., and returned at 7:39
p.m.
Council Member Steve Saboe arrived at 7:38 p.m.
Mr. Omar Esquibar of LJA Engineering & Surveying, Inc. spoke and stated the original
owner of the property no longer owns the property, and is now owned by Dan Brown.
Owner is seeking guidance from Council and the P&Z Commission on the property,
specifically on Pearland Parkway.
Mr. Warren Escovy, 9726 Parson Field Lane, Katy, TX of LJA Engineering &
Surveying, Inc. spoke.
Mr. Eric Hughes with National Realty Group, 2947 Highland Lake Drive, Missouri City,
TX spoke on behalf of Dan Brown, stating Mr. Brown inherited the property and that the
Maverick Group no longer has ties to the property. LJA Engineering & Surveying, Inc.
is assisting Lentz Engineering on the drainage issues of the land.
Ms. Dee Ann Motley, 2606 Pebble Creek Drive, Pearland, TX spoke stating the original
applicant came and spoke to the Clear Creek Estates HOA with a layout and answered
concerns with the traffic flow. Ms. Motley still has these same concerns, along with the
mowing and drainage issues.
Ms. Barbara Holt, 2717 Pebble Creek Drive, Pearland, TX asked how will this affect the
property values, and why do they think the OP zone will do well when the retail strip
beside Chili's Restaurant only has two occupants.
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Council Member Kevin Cole addressed several issues:
1. What is proposed traffic flow for the bank
2. Storm water detention for all new development in Province village needs to be
addressed, and include any negative impacts that need to be mitigated near
Clear Creek Estates Subdivision
3. Wants PD to address height of new development adjacent to the single family
homes
4. Keep drive thru away from residences
Council Member Steve Saboe added that the right in/right turns needed to be
addressed and a buffer to the homes be reviewed.
Discussion ensued concerning traffic.
P&Z Commissioner Neil West excused himself at 8:13 p.m. and returned at 8:16 p.m.
Mayor Tom Reid stated that if approved tonight, the traffic issue would need to be
resolved. Council Member Kevin Cole asked the P&Z Commission to consider all uses
allowed by right under the OP zone.
Mr. Eric Hughes, representing owner Dan Brown, asked if there are changes that need
to be made, please feel free to ask Mr. Brown to consider.
Mayor Tom Reid adjourned the Public Hearing for Zone Change No. 2009-11Z at 8:18
p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of Public Hearings at 8:18 p.m.
These minutes are resp-ctfully submitted by:
Judy rajca
Planning Office Coordin-tor
Minutes approved as submitted and/or corrected on this 12th day of October 2009,
A.D.
)c41-E
Mayor Tom Reid
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