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2006-06-19 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 JUNE 19, 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 7:08 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 Councilmember Kevin Cole Councilmember Felicia Kyle Councilmember Helen Beckman P & Z Chairperson Ruby Sandars P & Z Vice Chairperson Sheryl Greiner P & Z Commissioner Neil West P & Z Commissioner Henry Fuertes P & Z Commissioner Susan Sherrouse P & Z Commissioner Darrell Diggs P & Z Commissioner Jerry Koza, Jr. Also in attendance: City Attorney Darrin Coker; City Manager Bill Eisen; Assistant City Manager Nicholas Finan; Assistant City Manager Mike Hodge; PEDC Director Fred Welch; City Engineer Doug Kneupper; Parks Director Rhonda Cyrus; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Planner 1 Diana DuCroz; Plan and Plat Administrator Richard Keller; and Engineering Administrative Secretary Betty Foreman 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 City Council Chambers. Mayor Reid opened the hearing for CUP 2006-3 at 7:12 p.m. A. CONDTIONAL USE PERMIT NO. 2006-3 A request by Affiliated Machinery, Inc., applicant for Associated Properties, owner, for approval of a Conditional Use Permit for an "Machinery Sales, Storage, and Repair" facility in the General Commercial District (GC), on the following property generally located on the South Side of Alice Street, and approximately 1,000 Feet East of State Highway 35. P&Z Chairperson Ruby Sandars read the purpose into the record. Page 1 of 9 JPH Minutes, 6/19/06 A Senior Planner Theresa Grahmann received no Public Comment Forms Conditional Use Permit. presented the Staff Report. Staff Staff recommends approval of this Jack McGuff representing the owner stated that the use for the building would be to repair and rebuild welding equipment, and no welding would be done on the premises. There was no one to speak for or against this Conditional Use Permit. The Public Hearing for Conditional Use Permit No. CUP 2006-3 was adjourned at 7:19 p.m. The Public Hearing for Zone Change Application No. 2006-24Z at 7:20 p.m. ZONE CHANGE NO. 2006-24Z A request by M. Arif, applicant for Sohail Noor, 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 Garden O'Day Mixed Use District (GO -MU) to Planned Development District (PD), located on the West Side of Garden Road, and Approximately 1,600 Feet South of Brookside Road. P&Z Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. Staff recommends that if PD were approved, then open space requirements would have to be addressed. Overall this may not be a bad project for the area, but there are several areas of concern including traffic issues. There were 3 public comment forms received in opposition. M Arif, MRA Designs, 8411 Bellamy Lane, Houston, TX 77083, thanked Lata Krishnarao for her presentation, only wanted to explain that the addition of the town homes were to be for senior citizens so that they would be close to their place of worship. The following persons spoke in opposition of the Zone Change: Tommy Stoneman of 1617 Garden Road, Pearland, TX 775841; Mary Martinez of 1517 Roy Road, Pearland, TX 77581. Council member Cole voiced concerns regarding the drainage ditch in the Page 2 of 9 JPH Minutes, 6/19/06 HL&P easement, the outfall, and where McHard road crosses Garden Road. Mayor Reid expressed concerns regarding the traffic on Garden Road. Council member Cole stated this was a unique concept, but voiced concern if this was a good place for this type of project due to the traffic issues and driveway spacing. Council member Beckman has concerns regarding the open space and density. Thinks it is a great concept, but not sure if this is a good location. Council member Kyle also thinks it's a great concept, but not sure if this is a good use of the property. P&Z Chairman Sandars voiced concerns regarding the regulations of the UDC, buffer requirements, placement of town homes, density, traffic, and noise levels disturbing the residents in the area. The Public Hearing for Zone Change No. 2006-24Z was adjourned at 7:40 p.m. The Public Hearing for Zone Change No. 2006-20Z opened at 7:41 p.m. C. ZONE CHANGE NO. 2006-20Z A request by Irene Flores, applicant for Daniel Flores, owner, for an amendment to Ordinance 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Suburban Residential — 15 District (SR -15) to Neighborhood Service District (NS), located on the East Side of Manvel Road (FM 1128), and on the North Side of West Lea Lane. P&Z Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant has stated the purpose would be to use the property for a daycare. Staff has explained that if the zoning were approved, then the applicant would have to apply for a Conditional Use Permit for a daycare. Staff recommends denial of this Zone Change due to incompatibility to the residential area. There were several comment forms received, and numerous comment forms in opposition were received at the meeting. Mrs. Irene Flores, 4007 Spring Forest Dr., Pearland, TX 77584 stated that they wanted to remodel the existing structure to provide quality daycare for 60 to 80 children with 8 to 10 staff members. The reasons for the Page 3 of 9 JPH Minutes, 6/19/06 daycare was due to the new schools being built in the area, and they felt there would be a need. Mr. Daniel Flores, 4007 Spring Forest Dr., Pearland, TX 77584 stated that at the time of purchase, the paperwork showed this property as commercial reserve. Mrs. Flores has run a daycare in southern Texas, and they felt they could provide a service. The following persons spoke against this Zone Change to Neighborhood Service: Trish Pratka of 3950 Wingtail Way, Pearland, TX 77584 Bill Baldy of 3714 Wingtail Way, Pearland, TX 77584 Lester A. Smith of 3917 Skylark Way, Pearland, TX 77584 Gerald Bare of 4005 Manvel Rd, Pearland, TX 77584 Vanessa Abbey of 4009 Wingtail Way, Pearland, TX 77584 Jeff Childers of 3942 Skylark, Pearland, TX 77584 Chris Pratka of 3950 Wingtail Way, Pearland, TX 77584 The following person spoke in favor of this Zone Change to Neighborhood Service: Robert Abbitt of 4118 Almond Lake Drive, Houston, TX 77047 Councilmember Cole stated he was against the zone change. The Comprehensive Plan shows Magnolia further to the north slated for commercial development. Mr. Cole also stated that the City does not enforce the West Lea deed restrictions, but the City was a zoned City therefore enforcing the zoning. Councilemember Kyle voiced concerns regarding 100 children that close to a major thoroughfare, she was concerned for their safety. Councilemember Beckman also shares concerns regarding the safety of the children. P& Z Chairman Sandars stated the daycare was a necessity, but there maybe better suited in a different location. Another issue is spot zoning, and the Commission tries hard not to spot zone. Commissioner Diggs asked if this was the only lot as commercial reserve. Mr. Flores stated according to the survey it is a commercial reserve lot. The Public Hearing for Zone Change No. 2006-20Z was adjourned at 8:21 p.m. The Public Hearing for CUP No. 2006-5 opened at 8:35 p.m. Page 4 of 9 JPH Minutes, 6/19/06 D. CONDITIONAL USE PERMIT 2006-5 A request by Spasco, Ltd., and Sandy P. Aron, applicant for Judy Ley Allen and Linda Ley Ament, owners, for approval of a Conditional Use Permit for a "Convenience Store with Gasoline Sales" facility in the Spectrum District, District S1: The Beltway District (SPD 1), on the following described property, located on the South Side of Beltway 8, 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. Woody Owens of 2117 Country Club Dr, Pearland, TX spoke on behalf of the owners. He stated this would be a good use of the property, and would be a good asset to the area. The following spoke in opposition to this conditional use permit: Charles Wynot of 1111 Coward Creek, Friendswood, TX 77546 Councilmember Cole asked why a Conditional Use Permit was only allowed in an SPD -1 zone. Planning Director Lata Krishnaro explained that this was based upon the LNR PUD and trying to stay within the recommended use table. Mayor Reid stated that this establishment would have to meet some very high standards and stringent requirements. Councilmember Kyle asked if the EDC was concerned with synergy and do they see this working in the area. PEDC Director Welch stated that the intent of the zoning was to establish a retail node on that corner. It gets back to how well this is designed, and the screening is developed. Councilmember Cole feels that with the design standards for the Spectrum, everything is going to be high profile. Commissioner Greiner asked the City Manager if the taxpayers were involved. Page 5 of 9 JPH Minutes, 6/19/06 City Manager Eisen stated that through the EDC and with the infrastructure needed, yes the taxpayers are involved. Commissioner Greiner stated that she understood this was to be a high- end intensive area. City Manager Eisen stated this might be a mixed-use area, technology, office, industrial, and retail areas. P&Z Chairman Sandars asked if the rules and regulations of the Spectrum and UDC are strict enough to make this beautiful enough to meet the standards. Planning Director Krishnarao stated that the landscape standards are stricter than anywhere else, the color palette is stricter, and has specifics regarding the architectural controls. The Public Hearing for Conditional Use Permit No. 2006-5 adjourned at 9:12 p.m. The Public Hearing for Zone Change No. 2006-21Z opened at 9:12 p.m. E. ZONE CHANGE NO. 2006-21Z A request by James B. Purcell, 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 General Business Retail District (GB) to Single family Residential — 2 District (R-2), on the following described property, located on the North Side of Walnut Street, and Approximately 150 Feet West of Johnston Street. P&Z Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff recommends approval. Mr. James Purcell of Country Place has sold this property, but upon closing found out that 50 feet was zoned commercial, and he is asking to change the zoning to residential. There was no one present to speak for or against this Zone Change. P&Z Chairman Sandars asked who is required to install the screening between the commercial and residential. Page 6 of 9 JPH Minutes, 6/19/06 Senior Planner Grahmann stated that the commercial property owner would be required to screen. The Public Hearing for Zone Change No. 2006-21Z was adjourned at 9:24 p.m. The Public Hearing for Zone Change No. 2006-22Z opened at 9:24 p.m. F. ZONE CHANGE No. 2006-22Z A request by Mike Pollak, applicant for Signature Eubanks and Associates, 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 General Business Retail District (GB) with an approved Specific Use Permit and Single Family Residential — 1 District (R-1) to Townhouse Residential District (TH), located on the North Side of Fite Road, and Approximately 1,100 Feet West of FM 1128 (Manvel Road). P& Z Chairman Sandars read the purpose into the record. Senior Planner Grahman presented the Staff Report. Staff feels this is a good transition between the General Business district to Residential. Staff recommends approval. Mike Pollak, 10614 Tarrington, feels this is a good for the surrounding area. The town homes will be an age -catered development. There was no one present to speak for or against the zone change. Councilmember Cole asked if CR 289 and CR 298 was residential or were all mobile homes. Feels this may be a good transition project for the area. Senior Planner Grahmann stated that those areas were a mix of small single family residential and manufactured homes. Commissioner Diggs asked why the Future Land Use shows the area north that is currently zoned GB as High Density Residential. Senior Planner Grahmann explained that this was an instance the Future Land Use is in conflict with the zoning and probably needs to be updated. The Public Hearing for Zone Change Application No. 2006-22Z adjourned at 9:36 p.m. Page 7 of 9 JPH Minutes, 6/19/06 G. ZONE CHANGE NO. 2006-25Z — WITHDRAWN BY THE APPLICANT PRIOR TO THE MEETING The Public Hearing for Zone Change Application was called to order at 9:37 p.m. H. ZONE CHANGE NO. 2006-23Z A request by Osborne Development, applicant for Trinity Leasing, 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 Residential -1 District (R-1) to Planned Development District (PD), located on the West Side of Miller Ranch Road (County Road 93), and Approximately 1,000 Feet North of FM 518 (Broadway Street). P&Z Chairman Sandars read the purpose into the record Planning Director Lata Krishnarao presented staff report. Staff does recommend a change in base zoning from GC to OP. This facility will have to meet open space requirements for multi -family. Staff did receive one public comment form in favor of the application. Staff is in favor of this zone change, as it will make a good transition. Harvey Woods, Osborne Development, stated that the owner has two other skilled nursing facilities, and is willing to do what the City wants as it applies to skilled nursing facility. Speaking in favor of the zone change: Cecil Barcelo, 3706 Orange, Houston, TX Councilmember Beckman stated this looks good and hopes that the owner can accomplish linking the trail system and to allow moving people on their feet instead of vehicles. The Public Hearing for Zone Change Application No. 2006-23Z adjourned at 9:55 p.m. Page 8 of 9 JPH Minutes, 6/19/06 ADJOURNMENT The hearing was adjourned by Mayor Reid at 9:56 p.m. These minutes are respectfully submitted by: Betty J. F n for Judy Krajca Engineerin'o Administrative Secretary Minutes approved as submitted and/or corrected on this 10th day of July , A.D., 2006. Tom Reid Mayor Page 9 of 9 JPH Minutes, 6/19/06 THIS PAGE LEFT BLANK INTENTIONALLY