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2007-04-02 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 APRIL 02, 2007 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Mayor Reid called the public hearing to order at 7:05 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetens Council Member Kevin Cole Council Member Felicia Kyle Council Member Helen Beckman Council Member Steve Saboe P&Z Chairperson Ruby Sandars P&Z Commissioner Neil West P&Z Commissioner Susan Sherrouse P&Z Commissioner Henry Fuertes P&Z Commissioner Darrell Diggs Also in attendance: City Manager Bill Eisen; City Attorney Darrin Coker; Deputy City Attorney Nghiem Doan; Assistant City Manager Nick Finan; Assistant City Engineer Narciso Lira; III, Director of PEDC Fred Welch; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan and Plat Administrator Richard Keller; Planner I Tim Chi; 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. Mayor Reid opened the hearing for Conditional Use Permit No. CUP2007-03 at 7:07 p.m. A. CONSIDERATION & POSSIBLE ACTION—CONDITIONAL USE PERMIT NO. CUP2007-03 A request by Chris Talbert, applicant for JM Projects, LLC, and Jerome Karam, owners, for approval of a Conditional Use Permit for a "Mini - Warehouse and Self Storage" facility in the Heavy Industrial District (M-2). Senior Planner Grahmann stated that the applicant has withdrawn the plat. Mayor Reid adjourned the hearing for Conditional Use Permit No. CUP2007-03 at 7:08 p.m. Mayor Reid opened the hearing for Conditional Use Permit No. CUP2007- 04 at 7:08 p.m. B. CONSIDERATION & POSSIBLE ACTION --CONDITIONAL USE PERMIT NO. CUP2007-04 A request by McGuff Architects, applicant for Warner Heathman, D.D.S., owner, for approval of a Conditional Use Permit for a "Lesser Percentage of Transparency for Overall Fagade or Store Front Windows" for a new building located in the Old Townsite Mixed Use District (OT -MU). P&Z Chairperson Sandars read the purpose into record. Senior Planner Grahmann presented the Staff report. Staff believes that the applicant can provide for the 15 percent overall transparency facade by providing windows, either storefront or other, on the facade. Ms. Grahmann read Staff's recommendations for approval, as stated in the Staff report. Staff received two public comment forms in favor of this CUP. Mr. Jon McGuff, of McGuff Architects spoke on behalf of the owner. Mr. Pat Lopez, of Palcon Construction spoke in favor of the CUP. There was much discussion among the Council/Commission/Staff. Council Member Beckman stated there were beautiful trees, on a nice avenue and asked if these would remain. Mr. McGuff stated they would, while keeping a pedestrian atmosphere. Ms. Beckman also asked if any Green Building Codes were being used. Mr. McGuff explained that the waiting area will have natural light, but not in the surgery rooms. Mayor Pro -Tem Tetens asked if the ordinance showed a difference between storefront of Retail and Office Professional. Senior Planner Grahmann stated storefront requires long windows. Staff is okay as long as they provide transparency beside the door, above the door, and along the sides of the door. Mr. Tetens asked Staff why is this required in an office. Planning Director Krishnarao asked Council/Commission to think back to original vision. The traditional look is what they were seeking, not suburban type development. Ordinance does not want blank walls while walking down the street. What the applicant is proposing is suburban development of what you might find in an urban area. Staff is recommending more glass in specific areas to meet this need. Much discussion continued with Council asking Staff to explain the difference between the 25% verses 15%, definition of transparency, and elevations provided by the applicant. Discussion ensued. Council Member Cole asked the Commission to stay with what our requirements are, and not try to micro -manage the design or location of the rooms. Mayor Reid reiterated that there is a difference between Office Professional and Retail, and the need for windows. Mayor Reid adjourned the hearing for Conditional Use Permit No. CUP2007-04 at 7:39 p.m. Mayor Reid opened the hearing for Zone Change No. 2007-04Z at 7:39 p.m. C. CONSIDERATION & POSSIBLE ACTION—ZONE CHANGE NO. 2007- 04Z A request by Julio Lybrand, applicant for 288 and 59 II, 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 Business Park District – 288 (BP -288) to Planned Development District (PD). P&Z Chairperson Sandars read the purpose into record. Senior Planner Grahmann presented the Staff report. The subject property is currently zoned as Business Park District 288 (BP288). BP288 district is limited in the number of uses that it allows. The applicant wants to zone the property to a PD in order to allow more uses for the subject property in order to fit their proposed development. Staff received three Public Comment forms in favor of this zone change. Staff is recommending approval after the thirteen items are addressed in the Staff report. Mr. Julio Lybrand, owner and applicant spoke. He stated that he purchased the land with the intent to do a true mixed-use project, and wants to work with the City of Pearland to meet their needs. There was no one present to speak for or against the zone change. Council Member Cole asked if staff had a list of extensive uses in the BP288 area. Senior Planner Grahmann stated these were addressed in the UDC. Mr. Cole also inquired what was being planned for CR 566 and CR 59. Mr. Lybrand stated that he was working with the adjacent owner, Mr. Bud Goza, to put in a traffic light. Council Member Saboe stated he had concerns with the roads, to pull congestion off of FM 518. He asked the applicant to elaborate how this could be treated. Mr. Lybrand stated he was very much aware of the traffic/road issues. Commissioner Diggs asked what the Pearland Economic and Development Core envisioned originally. Mr. Fred Welch, Director for the PEDC stated they did not want a lot of strip centers. Mayor Reid stated that getting a quality anchor would be a major key to this area. He also stated this was the last stop before leaving Pearland, and entering Manvel, to draw in high-end users. Council Member Kyle encouraged the applicant to look at businesses in the Office Park/Office Professional and not all retail. Agrees with Mr. Welch that we need some retail, but also Office Professional. Council Member Beckman agreed with Ms. Kyle. Mr. Lybrand stated he is seeking Office Professional, and agrees with Council that there is an opportunity here. Mayor Reid adjourned the hearing for Zone Change No. 2007-04Z at 8:16 p.m. ADJOURNMENT The Joint Public Hearing adjourned at 8:16 p.m. These minutes are respectfully submitted by: Judy D. rajca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 25th day of June, A.D. 2007. ,P�J7 om Reid, Mayor