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2006-11-20 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 NOVEMBER 20, 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 Commissioner Susan Sherrouse P & Z Commissioner Neil West P & Z Commissioner Henry Fuertes P & Z Commissioner Jerry Koza, Jr. 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; Plan and Plat Administrator Richard Keller; and Planning Administrative Secretary Judy Krajca Planning Director Lata Krishnarao 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. 2006-33Z at 6:50 p.m. PURPOSE OF HEARING A. ZONE CHANGE NO. 2006-33Z A request by Gary Forrest, applicant for Muriel A. Forrest, 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 Suburban Residential — 15 District (SR -15) to General Business Retail District (GB) P&Z Chairperson Sandars read the purpose into the record. Planning Director Krishnarao read the Staff report. Staff recommends approval. Mr. Gary Forrest was present to speak but stated everything was Page 1 of 8 JPH Minutes, 11/20/06 addressed by staff. Joe Watkins of 3725 Wingtail, Pearland, TX was present to speak. He stated he supports staff recommendations. Karen Hare of 7026 Heron Ln., Pearland, TX was present to speak. She stated she lived directly behind the convenient store and has to deal with the rats, mice and trash. She was opposed to this zone change. Trish Pratka of 3950 Wingtail, Pearland, TX, also the President of the Pearland Civic Club, was present to speak. She spoke at great length, and passed out a petition opposing the zone change. Topics discussed were signs for West Lea, opposing zone change, and a request that there be no zone change. There was much discussion from Council/Commission/Staff. Councilmember Tetens brought up concerns with meeting the requirements for Neighborhood Services (NS) and General Business (GB). Councilmember Saboe addressed the sign that Ms. Pratka stated was on Ms. Forrest's property. Councilmember Cole asked City Manager, Bill Eisen to look into the sign issue. The Public Hearing for Zone Change No. 2006-33Z was adjourned at 7:20 p.m. The Public Hearing for Zone Change No. 2006-30Z opened at 7:07 p.m. B. ZONE CHANGE NO. 2006-34Z A request by Julieta B. Guerra, applicant for Edward Tamez, 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 Suburban Residential — 15 District (SR -15) to Neighborhood Service District (NS) P&Z Chairperson Sandars read the purpose into the record Planning Director Krishnarao read the Staff report. Staff recommends denial for the four reasons listed in the Staff report. There were no public comment forms received on this zone change. The applicant was present and spoke briefly. There was much discussion among the Council/Commission/Staff in regards to build -out, why this was not made into a mixed-use district, and the need to re -look at the Comprehensive Plan. The Public Hearing for Zone Change No. 2006-34Z was adjourned at 7:49 p.m. Page 2 of 8 JPH Minutes, 11/20/06 The Public Hearing for Zone Change No. 2006-35Z opened at 7:49 p.m. C. ZONE CHANGE NO. 2006-35Z A request by Karen and George Ritchey, owners, for approval of a change in zoning district from classification Single -Family Residential -1 District (R- 1) to Single Family Residential — 2 District (R-2) This application was withdrawn at the request of the applicant. D. ZONE CHANGE NO. 2006-36Z A request by TNRG Acquisitions, applicant for Beeman Strong and Company, Inc., 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 — 2 District (R-2) to Office and Professional District (OP) P&Z Chairperson Sandars read the purpose into the record. Planning Director Krishnarao read the Staff report. Staff recommends approval of this zone change. Staff received two public comments in favor. Mr. Will Benson was present to speak on behalf of the applicant. Mr. John Williams of 2406 Hidden Creek Drive, Pearland, Texas spoke in opposition of the zone change, as he lives in the subdivision behind the proposed building, and does not want a two-story building erected and able to look into his backyard. Councilmember Kevin Cole, and Commissioner West inquired about the height limit in the overlay district, and Mr. Cole inquired about the masonry fence and landscaping strip. Councilmember Tetens asked how much of this was in the flood plain, and inquired about the jogging trail north of there. The applicant stated they would look into extending the jogging trail. The Public Hearing for Zone Change No. 2006-36Z was adjourned at 8:10 p.m. The Public Hearing for Conditional Use Permit No. 2006-09 opened at 8:10 p.m. E. CONDITIONAL USE PERMIT NO. 2006-09 A request by Carcolo #1, Ltd., applicant for William J. Wise, Trustee, owner, for approval of a Conditional Use Permit for a "Minor Auto Repair" facility in the General Business Retail District (GB) Page 3 of 8 JPH Minutes, 11/20/06 P&Z Chairperson Sandars read the purpose into the record Planning Director Krishnarao read the Staff report. Mr. Bill Addison of 224 Terminal Lane, Sugar Land, Texas was present, and spoke on behalf of the applicant. Mr. Phillip Greenwalt of Sunrise Lake spoke of the traffic issues, stating that traffic was already bad, and asked that consideration be taken in this matter. He also asked how far back the bays would extend. There was brief discussion, with Councilmember Cole asking Staff if a Traffic Impact Analysis would have to be done, if the existing shared driveway with Exxon would be used, and would this have to be replatted. The applicant responded that there would be a 60-80 foot setback, and that they have already been asked by the City to do a TIA. Chairperson Sandars asked if berms and landscaping will cover the bays, and Planning Director Krishnarao stated she has not seen their plans yet. The Public Hearing for Conditional Use Permit No. 2006-09 was adjourned at 8:26 p.m. The Public Hearing for Conditional Use Permit No. 2006-10 opened at 8:26 p.m. F. CONDITIONAL USE PERMIT NO. 2006-10 A request by Charles and Sharla Ortiz, owners, for approval of a Conditional Use Permit for a "Beauty Shop" in the Old Townsite Residential District (OTR) P&Z Chairperson Sandars read the purpose into the record. Senior Planner Theresa Grahmann read the Staff report. Staff recommends approval of this CUP. Francis Caballero spoke on behalf of the owners. There was no one present to speak for or against the CUP. There was some discussion among the Council/Commission/Staff. Commissioner West stated he was in favor of this CUP. Councilmember Saboe asked about density. The Public Hearing for Conditional Use Permit No. 2006-10 was Page 4 of 8 JPH Minutes, 11/20/06 adjourned at 8:38 p.m. The Public Hearing for Conditional Use Permit No. 2006-11 opened at 8:38 p.m. G. CONDITIONAL USE PERMIT NO. 2006-11 A request by RG Miller Engineers, Inc./Greg Lentz, P.E., applicant for D.R. Horton — Emerald, Ltd., owner, for approval of a Conditional Use Permit for a "Recreation Center" in the Single Family Residential — 2 District (R-2) P&Z Chairperson Sandars read the purpose into the record. Senior Planner Theresa Grahmann read the Staff report. Staff recommends approval of this CUP with two conditions, as listed in the Staff report. Staff received one Public comment form in favor of the CUP. There was no one present to speak for or against the CUP. Commissioner West asked whom this recreation center was for. The applicant stated it was for the Homeowners only. Homes will eventually surround the recreation center. The Public Hearing for Conditional Use Permit No. 2006-11 was adjourned at 8:45 p.m. The Public Hearing for Zone Change No. 2006-37Z opened at 8:45 p.m. H. ZONE CHANGE NO. 2006-37Z A request by Gulf Coast Commercial and Patrick Egan, applicant for Strouhal Tire, Donnie Strouhal, Nancy S. Macha, and Gene Strouhal, 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 Business Park District — 288 to Planned Development District (PD) P&Z Chairperson Sandars read the purpose into the record. Senior Planner Theresa Grahmann read the Staff report. Staff recommends approval. Mr. Patrick Egan of Gulf Coast Commercial spoke on behalf of the applicant. Mr. Drew Peltier of 2947 Broadway, Pearland, Texas spoke. He stated that Shadow Creek Ranch was happy to have the applicant join the area. Commissioner West asked to add "no outside storage be allowed". The applicant agreed. Councilmember Cole asked that the docking area not be visible from Highway 288. Commissioner Koza, Jr. asked about the Page 5 of 8 JPH Minutes, 11 /20/06 road in front of Strouhal Tire. Mr. Egan explained that it would be given back to the state. He then passed out a layout in answer to Mr. Koza's question. The Public Hearing for Zone Change No. 37Z was adjourned at 9:08 p.m. The Public Hearing for Zone Change No. 2006-38Z opened at 9:08 p.m. I. ZONE CHANGE NO. 2006-38Z A request 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 for recently annexed properties, to classifications Single Family Residential — 2 District (R-2), Single Family Residential — 3 District (R-3), Single Family Residential — 4 District (R-4), Multi -Family District, (MF), and Neighborhood Service District (NS) P&Z Chairperson Sandars read the purpose into the record Senior Planner Theresa Grahmann read the Staff report. Staff recommends approval. The applicant is the City of Pearland and no one spoke on their behalf. There was no one present to speak for or against the zone change. Commissioner West asked if the neighbors in MUD 1 were aware of all that was going on with this annexation. Senior Planner Grahmann stated that they have, and Assistant City Manager Nick Finan commented that he has been in contact with the Home Owners Association. Commissioner Koza, Jr. asked if any of the homes would be without road access, and Senior Planner Grahmann stated they would not be. Councilmember Cole asked if all uses were conforming. Ms. Grahmann explained that all were conforming except the daycare. Ms. Grahmann said she would contact the daycare. The City could waive the fee and they could apply for a Zone Change to Neighborhood Services (NS). Councilmember Cole, and Commissioners West, Koza, and Sandars were all in favor of this. Commissioner Sherrouse questioned another daycare, being the Montessori School. The Public Hearing for Zone Change No. 2006-38Z was adjourned at 9:21 p.m. The Public Hearing for the Amendment to the Master Thoroughfare Plan opened at 9:21 p.m. Page 6 of 8 JPH Minutes, 11/20/06 J. AMENDMENTS TO THE MASTER THOROUGHFARE PLAN A request by the City of Pearland, for approval of an amendment to the Master Thoroughfare Plan of the City of Pearland, affecting various roadways throughout the City. P&Z Chairperson Sandars read the purpose into the record. Senior Planner Theresa Grahmann read the Staff report. Staff recommends approval. The applicant is the City of Pearland and no one spoke on their behalf. Mr. William Gustin of 2101 Westminister Rd., Pearland, Texas spoke in favor of the amendments. Mr. Anselmo Lozano of 3213 London Court, Pearland, Texas expressed concern with when this would be done, and if it would be soon. Mr. Dusty Littrell of Tower Bridge Court expressed concern with the long- term effect of Banbury Cross Subdivision be split east and west, and had concerns with speeding through the subdivision and would speed bumps or stop sign be put in. In regards to the Westminister Street extension, Councilmember Cole asked if the full traffic study had been done, but there was no one present from Public Works to answer this question. He also inquired about the need to show Dawn Street as a stub out to Barry Rose Rd. In regards to Mykawa Road, Councilmember Cole asked about the Right - of -Way being made wider. In regards to John Lizer and Old Alvin Road, Commissioner Fuertes inquired about John Lizer being made a cul-de-sac. The Public Hearing for Amendments to the Master Thoroughfare Plan was adjourned at 9:40 p.m. ADJOURNMENT Mayor Reid adjourned the hearing at 9:40 p.m. Page 7 of 8 JPH Minutes, 11/20/06 These minutes are respectfully submitted by: Judy Kraj Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 11 th day of December , A.D., 2006. Tom Reid Mayor Page 8 of 8 JPH Minutes, 11/20/06