2006-09-18 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 SEPTEMBER 18, 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 6:35 p.m. Mayor Tom Reid opened the
hearing for the City Council and Ruby Sandars opened the hearing for the
Planning and Zoning Commission, with the following present:
Mayor Tom Reid
Mayor Pro -Tem Richard Tetens
Councilmember Kevin Cole
Councilmember Felicia Kyle
Councilmember Helen Beckman
Councilmember Steve Saboe
P & Z Chairperson Ruby Sandars
P & Z Vice Chairperson Sheryl Greiner
P & Z Commissioner Neil West
P & Z Commissioner Henry Fuertes
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; Deputy City
Attorney Nghiem Doan; Planning Director Lata Krishnarao; Senior Planner
Theresa Grahmann; Plan and Plat Administrator Richard Keller; 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 Zone Change No. 2006-31Z at 6:39 p.m.
PURPOSE OF HEARING
A. ZONE CHANGE NO. 2006-31Z
A request by Rolando Rocha, 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 Neighborhood Service District (NS), on the property Located on
the North Side of Larrycrest Drive, and on the East Side of Harkey Road
P&Z Chairperson Sandars read the purpose into the record.
Senior Planner Grahmann read the Staff report. Staff recommends
disapproval of the zone change. The area is mainly residential and the
Future Land Use shows this to be residential. The lots are less than a half
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acre in size and certain requirements have to be met under the Unified
Development Code (UDC). Staff received one public comment form
against.
The owner, Mr. Rolando Rocha of 2811 Waterside Trail spoke. He is
wanting to open a convenience store with a smokehouse meat market.
There was no one present to speak for or against this zone change.
Councilmember Kevin Cole commended Mr. Rocha for gathering
supportive signatures. He stated that the building has been vacant for
approximately 2-3 years and needs to be looked at, as it might be
worthwhile as Neighborhood Services (NS). Mr. Cole's stated he would
like to see the P&Z Commission work with Mr. Rocha.
Councilmember Tetens stated that the property was completely
surrounded by residential on all sides. He does not feel it is a good idea.
Councilmember Saboe commented that NS is restricted, but not overly
restrictive. The City of Pearland has to enforce uses, and this will have to
be considered carefully.
Commissioner West stated that the P&Z Commission looks really hard at
these. There is no transition of zoning in the area.
Commissioner Fuertes stated that he wasn't sure at this time how to vote.
He asked what was the highest and best use for this land.
Chairperson Sandars stated that everyone needs to remember we are
zoning the land only. Vice -Chairperson Greiner stated she did not want to
see spot zoning, and we do not need to go against the Comprehensive
Plan.
City Attorney Coker stated that if we zone this property at NS, we will
begin the process of starting a mixed use area. We need to consider what
we want this property to be 15-20 years from now. Mr. Coker explained
the definition of spot zoning as one area zoned different than its
surrounding area.
Discussion continued between the Council/Commission/Staff.
Councilmember Saboe asked that we validate what is surrounding this
property, and need to look at the other businesses in the area.
Councilmember Kyle stated that we also need to look at the history of the
property.
Councilmember Tetens stated that more than likely the businesses that
are non -conforming were operating before they were annexed. Therefore,
grandfathering needs to be looked at by setting positive examples with this
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property.
The Public Hearing for Zone Change No. 2006-31Z was adjourned at 7:07
p.m.
The Public Hearing for Zone Change No. 2006-30Z opened at 7:07 p.m.
B. ZONE CHANGE NO. 2006-30Z
A request by Leon A. Dudley, 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 General Business Retail District (GB), on the property located on
the North Side of FM 518 (Broadway Street), and on the West Side of
Patricia Lane
P&Z Chairperson Sandars read the purpose into the record.
Senior Planner Grahmann presented the Staff Report. Ms. Grahmann
stated that the applicant wrote a letter and delivered it the morning of this
meeting asking to change the zoning to Neighborhood Services (NS)
instead of General Business (GB). Staff is more comfortable with the NS
zone, as properties on the opposite side of Broadway are zoned NS. Staff
received a lot of Public Comment forms, with 3 being in favor, and the
remainder being against. Staff also received 2 additional forms in
opposition. At this time, Mr. Dudley presented Sr. Planner Grahmann with
a stack of Public Comment forms he had solicited.
The applicant, Mr. Dudley, passed out a document pertaining to his
property taxes. He stated he was upset with the Brazoria County
Appraisal District for not acknowledging that his property was residential
and would like to see his zoning changed to NS.
There was numerous people present to speak.
Jerry Rigney of 3228 Regal Oaks, Pearland, Texas spoke in opposition.
Joe James of 3220 Regal Oaks, Pearland, Texas spoke in opposition.
Joe Laird of 3222 Regal Oaks, Pearland, Texas spoke in opposition.
Lynn Grosjean of 3221 Regal Oaks, Pearland, Texas spoke in favor.
Ernest Langford of 3220 Patricia Lane, Pearland, Texas stated he does
not favor GB zoning but would be supportive of Office Professional (OP).
Randy Beaman of 3201 Patricia Lane, Pearland, Texas spoke in
opposition.
Herma Nell Tafelski of 3203 Patricia Lane, Pearland, Texas spoke in
opposition. She stated she has lived in Pearland 38 years, and she
related the history of the property and surrounding Pearland area over the
last 38 years.
Michael Adams of 3207 Regal Oaks, Pearland, Texas spoke in opposition.
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Josephine Chmielowiec of 3206 Patricia Lane, Pearland, Texas spoke in
opposition.
Senior Planner summarized that the Public Comment Forms that Mr.
Dudley turned in moments earlier tallied as:
2 opposed living on Patricia Lane
13 opposed living on Regal Oaks
4 in favor living on Patricia Lane
3 in favor living on Regal Oaks
50 + in favor living in various other areas across Pearland.
There was much discussion pertaining to this zone change request.
Councilmember Saboe stated that the preservation of our neighborhood is
of highest priority, and that this would be looked at carefully, trying to
balance it. He also stated that the Land Use Map has a gap in it and
asked the P&Z Commission to look at this.
Councilmember Beckman stated this needed to remain residential.
Councilmember Cole addressed Mr. Dudley's appraisal. He also referred
to the recent zoning request on Westchester Circle and how this was
similar.
City Attorney Coker reminded the Council and Commission that their
objective is to look at the highest and best use of the property. The
Brazoria County Appraisal District has already looked at the highest and
best use of the property.
The Public Hearing for Zone Change No. 2006-30Z was adjourned at 7:53
p.m.
The Public Hearing for the Zone Change No. 2006-32Z opened at 7:53
p.m.
C. ZONE CHANGE NO. 2006-32Z
A request by GC Engineering, Inc., applicant for Muthalaly Investments
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 Planned
Development District (PD), on the property located on the East Side of
Wooten Road, and Approximately 1,100 Feet North of FM 518 (Broadway
Street).
P&Z Chairperson Sandars read the purpose into the record.
Planning Director Krishnarao presented the Staff Report. Staff had eight
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comments and asked that these be looked at. Staff received no Public
Comment Forms.
Mahendro Rodrigo of GC Engineering was present to speak on behalf of
the Planned Development District.
There was no one present to speak for or against this zone change.
Councilmember Cole stated he liked this plan better than previous plans
presented. Planning Director Krishnarao spoke briefly on the Office
Professional (OP) being the lowest use.
Vice -Chairperson Greiner asked for clarification on Daycares, Child Day
Nursery, and Child Day Care Centers. She also expressed concern with
the detention area being so near children. Typically detention basins are
fenced.
Councilmember Tetens asked why they were seeking a PD if OP was the
base district. Ms. Krishnarao explained that if the PD were approved first,
then we would hold them to their plan, such as buffering, driveway, etc.
Councilmember Tetens also expressed concern with the language of
"approximate" being used in the PD. Ms. Krishnarao explained that this
language was used because they may have to show an increase. We can
ask the applicant for a more detailed site plan if Council/Commission
wants.
Councilmember Kyle brought up the previous concern that was discussed
on Wooten Road. Ms. Krishnarao stated that per the City Engineer, Doug
Kneupper, says this is to become a minor collector road. Traffic will be
limited and will not connect if the City of Pearland follows their own
Thoroughfare Plan.
Chairperson Sandars expressed concern with the residents at Autumn
Lakes helping to maintain Wooten Road.
Discussion ensued on the issue of a Traffic Impact Analysis.
Commissioner Diggs stated that the applicant had addressed all issues
that the P&Z Commission had concerns with. However, Councilmember
Saboe expressed that he had concerns with the PD and asked that the
applicant address the concerns with Wooten Road. He stated he could
not support this because of Wooten Road.
The Public Hearing for Zone Change No. 2006-32Z adjourned at 8:25 p.m.
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ADJOURNMENT
The hearing was adjourned by Mayor Reid at 8:25 p.m.
These minutes are respectfully submitted by:
Judy Kraj
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 9th day of
October , A.D., 2006.
om Reid
Mayor
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