2007-06-04 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 4, 2007, 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 7:34 p.m. Mayor Tom Reid opened the hearing
for the City Council and for the Planning and Zoning Commission, with the following
present:
Mayor Tom Reid
Council member Kevin Cole
Council member Felicia Kyle
Council member Helen Beckman
Council member Woody Owens
P & Z Chairperson Ruby Sandars
P & Z Vice -Chairperson Sheryl Greiner
P & Z Commissioner Susan Sherrouse
P & Z Commissioner Neil West
P & Z Commissioner Henry Fuertes
P & Z Commissioner Jerry Koza, Jr.
P & Z Commissioner Darrell Diggs
Also in attendance: City Attorney Darrin Coker; Deputy City Attorney Nghiem Doan; City
Manager Bili Eisen; Assistant City Manager Nicholas Finan; Assistant City Manager Mike
Hodge; Assistant City Engineer Narciso Lira; Planning Director Lata Krishnarao; Senior
Planner Theresa Grahmann; Pian and Plat Administrator Richard Keller; Planner 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 would be
meeting following the Joint Public Hearing.
Mayor Reid opened the hearing for Conditional Use Permit No. CUP2007-05 at 7:14 p.m.
A. CONDITIONAL USE PERMIT NO. CUP2007-05
A request by Tal -Con and Chris Talbert, applicant for Town Lake, L.P. and Renee
McGuire, owner, for approval of a Conditional Use Permit for a "Mini -Warehouse
and Self Storage" facility in the General Commercial District (GC), on the property
located on the on the East Side of SH 35 (Main Street), on the South Side of Oiler
Drive, and on the North Side of English Lake Drive.
P&Z Chairperson Sandars read the purpose into the record.
Senior Planner Grahmann read the Staff report. The applicant is requesting a
Conditional Use Permit for a Mini -Warehouse and Self Storage facility in the
General Commercial District (GC). Staff recommends approval for the reasons
outlined in the Staff report. Staff received three public comment forms against the
Conditional Use Permit.
The applicant, Chris Talbert of 7501 Westview, Houston, TX was present to speak.
Mr. Larry Marcott of 3606 Inverness Court, Pearland, TX spoke against the CUP.
He feels it is not the highest and best use of the land.
Mr. Duncan E. Doss of 3814 Canyon Lake Drive, Pearland, TX spoke with concern
of the fence.
Ms. Britta M. Thompson of 3904 Canyon Lake Drive, Pearland, TX spoke against
the CUP. Her concerns were with items stored in the facility, drainage, and the area
between the subdivision and proposed area.
Mr. John Gilmore of 3812 Canyon Lake Drive, Pearland, TX spoke with mixed
feelings of a Storage facility being placed in the area near his subdivision.
Mr. David Kinsey of 3902 Canyon Lake Drive, Pearland, TX spoke against the
CUP with concerns of parking, retention pond, and drainage.
Council Member Cole asked about the ditch area behind Canyon Lake Drive, a
fence, and how it would be maintained, and rules being followed for drainage.
Assistant City Engineer Lira stated that as plans are submitted it would be reviewed.
Engineering will have to look at the drainage issue as the project moves forward
and analyze the plans.
Council Member Cole expressed that he is against the CUP for the following
reasons: (1) Unknown items in storage next to residential
(2) New Corridor. Storage isn't the highest and best use for
Development.
(3) Would like to see the City do away with Light Industrial (M-1)
in this general location, especially adjacent to residential uses.
Senior Planner Grahmann stated that Staff would look at concerns as the
Comprehensive Plan is updated. Ms. Grahmann also addressed the fence issue
and what would be required under the Unified Development Code.
Council Member Beckman asked that while Staff is looking at the Comprehensive
Plan, that they look into how much Residential is next to Light Industrial in other
areas of the City.
Commissioner Fuertes asked Staff if rendition of the storage facility was available.
Sr. Planner Grahmann stated that this was only conceptual. A site plan has not
been reviewed. She stated that the Commission could add conditions if approved.
Mr. Fuertes also inquired about the height, and the applicant, Mr. Talbert stated that
this was unknown at this time.
Council Member Cole asked the Commission to take into consideration that there
are already four storage facilities being permitted in the general area at this time.
The Public Hearing for Conditional Use Permit No. CUP2007-05 was adjourned at
7:59 p.m.
The Public Hearing for Conditional Use Permit No. CUP2007-07 opened at 8:00
p.m.
B. CONDITIONAL USE PERMIT NO. CUP2007-07
A request by HEB Grocery Company, LP, applicant for Shadow Creek Retail, LP,
owner, for approval of a Conditional Use Permit for the use of "polycarbonate
materials in lieu of a glass fagade" in the General Commercial District (GC), on the
property located on the West Side of SH 288, and on the North Side of Broadway
Street.
P&Z Chairperson Sandars read the purpose into the record.
Senior Planner Grahmann read the Staff report. The applicant is asking for
approval for the use of "polycarbonate materials in lieu of a glass fagade". Staff
recommends approval. There were no public comment forms received.
The applicant was not present to speak.
There was no one in the audience present to speak for or against the Conditional
Use Permit (CUP).
Commissioner Fuertes expressed concern with screen of the garden area. Senior
Planner Grahmann explained that this would be addressed when the applicant
submitted a site plan.
Commissioner Diggs asked if Polycarbonate is more cost effective; possibly modify
the UDC to include this type material.
The Public Hearing for Conditional Use Permit No. CUP2007-07 adjourned at 8:06
p.m.
The Public Hearing for Zone Change No. 2007-05Z opened at 8:07 p.m.
C. ZONE CHANGE NO. 2007-05Z
A request by ONS Investments, LLC, applicant for Hersh Kumar, 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 Cullen Mixed Use District
(C -MU) to General Commercial District (GC), on the property located on the East
Side of Cullen Boulevard, and Approximately 500 Feet North of Hughes Ranch
Road (County Road 403).
P&Z Chairperson Sandars read the purpose into the record.
Senior Planner Grahmann read the Staff report. The applicant is requesting a
change in zoning to suit his development needs. Staff recommends denial for the
five reasons listed in the Staff report. Staff received numerous Public Comment
Forms opposing the zone change. Concerns were traffic, the new High School,
location near the subdivision, property devaluation, and Cullen Road traffic issues.
Mr. Nitin Narang of 2707 Sterling Fields Drive, Pearland, TX spoke on behalf of the
owner.
No one was present to speak for or against the zone change.
Council Member Kyle asked the applicant to explain his car lot. Mr. Narang stated it
was a used car lot. Ms. Kyle stated she was not in favor of the car lot.
Council Member Owens agreed with Ms. Kyle. He stated the City is spending a lot
of money in the area on roads and facilities, and this is not the best use.
Council Member Beckman agreed with Council Members Kyle and Owens.
Chairperson Sandars stated that a lot of time was spent creating the Cullen Mixed
Use District and feels the City should follow these guidelines.
Council Member Cole stated when the Corridor overlay is completed, Council and
Staff need to look at uses and how the corridor might change, now that the High
School has been located in the area.
The Public Hearing for Zone Change No. 2007-05Z was adjourned at 8:23 p.m.
The Public Hearing for Zone Change No. 2007-06Z opened at 8:23 p.m.
D. ZONE CHANGE NO. 2007-06Z
A request by Freeman T. and 011ie A. Wyche, 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 General Business Retail District (GB) to
Single Family Residential — 2 District (R-2), on the property located on the North
Side of Fite Road, and Approximately 350 feet West of Cullen Boulevard.
P&Z Chairperson Sandars read the purpose into the record.
Senior Planner Grahmann read the Staff report. The applicant is requesting a
change in zoning on the subject property for single family residential uses. Staff
recommends approval. Staff received no Public Comment forms.
The owner, 011ie Wyche of 8335 Fite Road, Pearland, TX spoke.
There was no one present to speak for or against the zone change.
Council Member Cole asked for clarification of the R-2 zoning and the lot width.
Planning Director Krishnarao explained that when the property is platted, the
applicant would have to meet all regulations in the UDC.
Chairperson Sandars asked about detention, and Assistant City Engineer Lira
explained that this was addressed in the Pre -Development meeting.
Council Member Kyle inquired about the Right -of -Way.
Council Member Cole referred to the Patio Homes that will be built next to this. He
has concerns that this is not the best use of the property. Further discussion
continued regarding the surrounding areas.
The Public Hearing for Zone Change No. 2007 -OZ was adjourned at 8:40 p.m.
Mayor Reid recessed the meeting for a short break at 8:40 p.m.
Mayor Reid reconvened the meeting at 8:52 p.m.
The Public Hearing for Amendments to the Unified Development Code (UDC)
opened at 8:52 p.m.
E. AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC)
A request by the City of Pearland, for approval of amendments to Ordinance No.
2000T, the Unified Development Code of the City of Pearland.
P&Z Chairperson Sandars read the purpose into the record.
Planning Director Krishnarao read the Staff report. She explained that two issues
originally presented at the workshop were not being covered in this hearing. The
issues were highway signage on State Highway 288, and Variances.
Ms. Nancy Kozanecki, representing Pine Hollow Homeowners Association spoke in
favor of the UDC Amendments, especially in regards to Page 84, Item No. 6.
Commissioner Sherrouse noted an error on Page 84, under Item 5, C that should
read "three hundred feet (300)".
The Public Hearing for the Amendments to the Unified Development Code (UDC)
adjourned at 9:00 p.m.
ADJOURNMENT
Mayor Reid adjourned the hearing at 9:00 p.m.
These minutes are respectfully submitted by:
Judy KFajca U O
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 25th of June, A.D., 2007.
Mayor Tom Reid