2006-05-15 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,
TEXAS, HELD ON MAY 15, 2006, AT 6:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The public hearing was called to order at 6:36 p.m. Mayor Tom Reid opened the
hearing for both the City Council and the Planning and Zoning Commission, with
the following present:
Mayor Tom Reid
Mayor Pro -Tem Kevin Cole
Councilmember Steve Saboe
Councilmember Woody Owens
Councilmember Larry Marcott
Councilmember Richard Tetens
P & Z Chairperson Ruby Sandars
P & Z Commissioner Neil West
P & Z Commissioner Henry Fuertes
P & Z Commissioner Susan Sherrouse
P & Z Commissioner Darrell Diggs
Also in attendance: City Attorney Darrin Coker; City Manager Bill Eisen; Assistant
City Manager Nicholas Finan; Deputy City Attorney Nghiem Doan, Planning
Director Lata Krishnarao; Senior Planner Theresa Grahmann, and Planning
Administrative Secretary Judy Krajca.
Senior Planner Theresa Grahmann 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 in the 2nd Floor
Conference Room.
Mayor Reid opened the hearing for CUP 2006-2 at 6:36 p.m.
PURPOSE OF HEARING
A. CONDTIONAL USE PERMIT NO. 2006-2
A request by Pavilion Land Development Company, owner, for approval of
a Conditional Use Permit for an "Auto Repair (Minor)" facility in the
General Business Retail District (GB), on the following property generally
located on the North Side of FM 518 (Broadway Street), and West of
County Road 90.
P&Z Chairperson Ruby Sandars read the purpose into the record.
Senior Planner Theresa Grahmann
received no Public Comment Forms
Conditional Use Permit.
presented the Staff Report. Staff
Staff recommends approval of this
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Mr. Haynes Peery, Vice President of Pavillion Land Development Co.
made his presence known, but did not make any presentation.
There was no one to speak for or against this Conditional Use Permit.
Mayor Pro -Tem Kevin Cole asked the applicant and Staff what constitutes
a Minor Auto Repair. Mr. Haynes stated that there would be no engine
repairs done on this location. Planning Director Krishnarao read from the
Unified Development Code that a Major Auto Repair does painting and
engine repair. A Minor Auto Repair shop does minor engine work.
The Public Hearing for Conditional Use Permit No. CUP 2006-2 was
adjourned at 6:46 p.m.
The Public Hearing for Zone Change No. 16Z opened at 6:46 p.m.
B. ZONE CHANGE NO. 16Z
A request by James D. and L. Elaine Thomas, 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 — 1 District (R-1) to Neighborhood Service District (NS), on the
following property generally located on the East Side of Westchester
Circle, and Approximately 250 Feet South of FM 518 (Broadway Street).
P&Z Chairperson Ruby Sandars read the purpose into the record.
Senior Planner Theresa Grahmann presented the Staff Report. Staff
recommended denial of the original Zone Change request, scheduled
several months ago, for General Business (GB). Staff recommends denial
of this Zone Change for Neighborhood Services (NS) as it would be
intrusive on the neighborhood. Staff received one Public Comment Form
against this zone change.
Ms. Linda Lemmons, the Reator for the owners spoke on their behalf.
She passed out fliers and photo's of the area leading into the subdivision,
specifically of the O'Reilly Auto Parts driveway, on Westchester Circle.
The following persons spoke in opposition of the Zone Change:
Kenneth McConnell of 2845 Westchester Circle, Pearland, TX 77584;
Dr. Radhad Arvnkumar of 2829 Westchester Circle, Pearland, TX 77584.
Ms. Linda Lemmons also stated that at the previous hearing on March 20,
2006, Commissioner Neil West asked the residents of Westchester Circle
if there were two driveways or one, at the O'Reilly Auto Parts, and that
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these residence responded by saying one.
Mayor Pro -Tem asked Senior Planner Theresa Grahmann to give an
explanation of what was Neighborhood Services (NS). Ms. Grahmann
stated that Neighborhood Services was a bit more limited than General
Business. Under Neighborhood Services, a Gasoline Service Station,
Medical/Dental Office, Veterinarian Clinic, Office Building or light retail
could be built. Mayor Pro -Tem Cole stated that he felt this area should
remain residential.
Councilmember Steve Saboe addressed Ms. Lemmon by stating that
based on his notes from the March 20, 2006 public hearing, it was
discussed that there were two driveways.
There was no further discussion.
The Public Hearing for Zone Change No. 16Z was adjourned at 7:01 p.m.
The Public Hearing for Zone Change No. 17Z opened at 7:02 p.m.
C. ZONE CHANGE NO. 17Z
A request by George Muthalaly, applicant for Morite V. Craven, 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 Neighborhood Service
District (NS), on the following property generally located on the East Side
of Wooten Road, and Approximately 1,100 Feet North of FM 518
(Broadway Street)
P&Z Chairperson Ruby Sandars read the purpose into the record.
Senior Planner Theresa Grahmann presented the Staff Report. Staff
recommends denial of this Zone Change for reasons stated in the Staff
Report.
Mr. George Muthalaly spoke on behalf of Morite V. Craven, owner. Mr.
Muthalaly handed out his comments to the Council and Commission, and
read these comments out loud.
There was no one present to speak for or against this Zone Change to
Neighborhood Service,
Commissioner Neil West asked what type of signage was proposed. Mr.
Muthalaly responded that he would comply with the ordinance.
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Senior Planner Theresa Grahmann stated that if the property is zoned
Neighborhood Services, landscape buffers would be required on all sides
adjacent to residential.
The Public Hearing for Zone Change No. 17Z was adjourned at 7:20 p.m.
The Public Hearing for Zone Change No. 18Z opened at 7:20 p.m.
D. ZONE CHANGE NO. 18Z
A request by Alan Mueller, applicant for Riverstone Land Investors, Ltd.,
SHS, and Green Shadows Corporation, owners, and portions of the
property initiated for a zone change by the City of Pearland, 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 Estate District (R -E) to Single Family Residential — 1 District
(R-1), on the property generally located on the East Side of Pearland
Parkway, on the West Side of Country Club Drive, and on the North Side
of Clear Creek
P&Z Chairperson Ruby Sandars read the purpose into the record.
Senior Planner Theresa Grahmann presented the Staff Report. Staff
received several Public Comment forms against, and one Public Comment
form in favor, addressing concerns with traffic issues, drainage, density,
and other concerns. Senior Planner Grahmann referred to a memo
prepared by Staff, distributed it to the Council and Commission, and read
how the density and lot numbers differed from the original report and
Development Agreement.
Mr. Alan Mueller, representing the applicant, outlined the history of this
project, and highlights of the Development Agreement.
The following spoke addressing concerns with the property being
elevated, detention ponds and ditches, drainage into Clear Creek, the
Greenbelt being maintained or destroyed, the detention being dry or
flowing, and the size of the lots not being large enough.
Freddie Downs, Jr. of 2503 Creekedge Dr., Pearland, TX 77581,
Catherine O'Brien of 3010 Country Club Dr., Pearland, TX 77581,
Michael Alexander of 2401 Champion Drive, Pearland, TX 77581, and
Kay Gokey of 2901 Country Club Drive, Pearland, TX 77581
Mr. Mueller answered these questions as Mayor Pro -Tem Kevin Cole
addressed each. He mentioned there would be no access to the Green
Tee Subdivision. The area within the flood plain, on the Harris County side
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of Clear Creek, would remain undeveloped. The developer at this time
does not own all of the property so future owners could develop this
property. The property elevation was addressed stating that the area
meets FEMA requirements and the natural flow is to the southeast. The
drainage would have to be taken away from Green Tee and fill would be
taken from the detention pond to take it in the other direction. At least one
of the detentions (the one in the middle) would remain wet. Lot sizes were
discussed, with Councilmember Marcott stating that larger lots were
needed. Mr. Mueller also addressed the density calculations at
Councilmember Saboe's request.
P&Z Chairperson asked Mr. Mueller how much acreage was involved
here, and he stated there was 643 acres. Chairperson Sandars stated
that the P&Z Commission has not looked at the Development Agreement,
and this would be difficult to vote on, without first reviewing the
Agreement.
Councilmember Woody Owens suggested that a meeting take place
between the Developer and the Green Tee residents.
Ms. O'Brien asked that the Developer also work with San Jacinto college.
There was further discussion between Council/Commission/Staff.
The Public Hearing for Zone Change No. 18Z was adjourned at 7:52 p.m.
The Public Hearing for Zone Change No. 19Z opened at 7:52 p.m.
E. ZONE CHANGE NO. 19Z
A request by CBL and Associates Properties, Inc., applicant for W C
Properties, Ltd., 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 Estate District (R -E) to Planned
Development District (PD), on the following property generally located on
the south side of Broadway Street, and on the west side of Kirby Drive.
P&Z Chairperson Ruby Sandars read the purpose into the record.
Senior Planner Theresa Grahmann presented the Staff Report. Staff
recommends approval. Staff received two Public Comment Forms in favor
of this Zone Change.
Mr. Jeff Brewer of CBL & Associates briefly addressed the
Council/Commission/Staff.
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There was no one present to speak for or against this Zone Change.
Councilmember Tetens asked for clarification in the staff report regarding
the Multi Family (MF) units being 300 (in the original PD) and not 400, as
stated in the staff report. Mr. Tetens asked that this be corrected.
The Public Hearing for Zone Change No. 19Z was adjourned at 8:02 p.m.
ADJOURNMENT
The hearing was adjourned by Mayor Reid at 8:03 p.m.
These minutes are respectfully submitted by:
Judy D. KJAjca
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 12th day of
June , A.D., 2006.
v az
Tom Reid
Mayor
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