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2007-06-18 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 JUNE 18, 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 6:31 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 Mayor Pro Tem Steve Saboe Council member Kevin Cole Council member Helen Beckman Council member Woody Owens P & Z Chairperson Ruby Sandars P & Z Commissioner Susan Sherrouse P & Z Commissioner Neil West P & Z Commissioner Henry Fuertes P & Z Commissioner Darrell Diggs Also in attendance: City Attorney Darrin Coker; City Manager Bill Eisen; Assistant City Manager Nicholas Finan; Assistant City Manager Mike Hodge; Assistant City Engineer Narciso Lira; Pearland EDC Director Fred Welch; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan 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. CUP2007-06 at 6:34 p.m. A. CONDITIONAL USE PERMIT NO. CUP2007-06 A request by Medallion Investments V Inc. and Aaron Patel, applicant for Nova Strategic Solutions, Ltd., owner, for approval of a Conditional Use Permit for a "Hotel" facility in the Business Park District — 288 (BP -288), 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 hotel in the Business Park 288 District (BP -288). Staff recommends approval for the reasons outlined in the Staff report. Mr. Paul Kao, Architect for the applicant spoke. No one was present in the audience to speak for or against the Conditional Use Permit (CUP). Council Member Cole asked Staff if the Site Plans were accurate showing a hotel of 82 units, with a possible second phase of hotel pad site. Senior Planner Grahmann and applicant Paul Kao spoke that only half of the site will be developed as the hotel (5-6 acres). The owner plans to have something different on the other site. The Public Hearing for Conditional Use Permit No. CUP2007-06 was adjourned at 6:42p.m. The Public Hearing for Conditional Use Permit No. CUP2007-08 opened at 6:42 p.m. B. CONDITIONAL USE PERMIT NO. CUP2007-08 A request by T -Mobile Texas, L. P and Shawn St. John, applicant for Jung Hwan Kwak, owner, for approval of a Conditional Use Permit for a "cellular communications tower" in the Cullen Mixed Use District (C -MU). P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The applicant is requesting approval for a wireless telecommunications tower on the subject property. The proposed tower site will be comprised of a fenced equipment compound, containing 120 -foot high self-supporting monopole structure with the necessary transmitting and receiving equipment. Mr. Shawn St. John, applicant and agent for T -Mobile Texas, L.P. spoke on behalf of the owner. There was no one in the audience present to speak for or against the Conditional Use Permit (CUP). There was much discussion. Council Member Cole stated he would like to see the City of Pearland offer the water towers to place cell towers on. Mr. Cole also commented on the unique towers located on Scarsdale, near the Cokesbury church. Mr. Cole stated he would like to see the City of Pearland move in this direction by using flagpoles with towers on top. Mr. St. John commented that these types of flagpole towers are used a lot in residential areas. Council Member Cole stated with the new Fire Station, Future Police Station, new High School all located in the same general area, and all having flag poles, this would be a great location for future cell towers. Mr. St. John briefed the Council/Commission on the radius that these types of towers have, and that two different locations might be necessary for coverage. Commissioner West inquired about the location of this site, and the site mentioned in Conditional Use Permit No. CUP 2007-09, and where both necessary. Mr. St. John explained the need for spacing of the cell towers. Mayor Pro -Tem Saboe asked Staff why they recommended denial. Senior Planner Grahmann stated that the site was fully developed, and would be losing two parking sites. The site is already tight and crowded, and the Post Office site is very crowded. Planning Director Krishnarao stated that Cullen Road is going to be a corridor overlay district. The applicant can use a lot of stealth equipment and technology that has not been shown to Staff/Council/Commission. The Public Hearing for Conditional Use Permit No. CUP2007-08 adjourned at 7:14 p.m. The Public Hearing for Conditional Use Permit No. CUP2007-09 opened at 7:14 p.m. C. CONDITIONAL USE PERMIT NO. CUP2007-09 A request by T -Mobile Texas, L. P and Shawn St. John, applicant for Shirley J. Cooper -Harris, owner, for approval of a Conditional Use Permit for a "cellular communications tower" in the Single Family Estate District (RE). 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 wireless tower on the subject property. The proposed tower site will be comprised of a fenced equipment compound, containing a 150 - foot high self-supporting monopole structure with the necessary transmitting and receiving equipment. Staff recommends approval, with an eight -foot masonry fence. Mr. Shawn St. John, applicant and agent for T -Mobile Texas, L.P. spoke on behalf of the owner. No one was present to speak for or against the zone change. Mayor Pro -Tem Saboe stated that one comment in opposition of both towers was submitted, for the record. Mr. Saboe also recommended that landscaping in addition to the eight -foot fence would be best. Council Member Owens asked if this was unique with T -Mobile not being able to meet coverage. Mr. St. John stated that in the past, all towers were on major highways/roads. Now people use their cell phones everywhere, and all the time. It's difficult trying to keep pace with the rapid growth of development all around. Council Member Owens asked the applicant if other cell phone companies would also be coming forward with similar situations. Mr. St. John stated that all the cell companies have master lease agreements with other carriers. The competition was in handheld devices. Council Member Cole asked Staff to integrate these towers into existing locations. Commissioner Diggs asked about coverage verses capacity. Mr. St. John explained the growth in the area was the coverage, and the abundance of users in one area was the capacity. The Public Hearing for Conditional Use Permit No. CUP2007-09 was adjourned at 7:31 p.m. The Public Hearing for Conditional Use Permit No. CUP2007-10 opened at 7:31 p.m. D. CONDITIONAL USE PERMIT NO. CUP2007-10 A request by Hope Church and Gentry McColm, Pastor, applicant for Assured Blessing Ministry, Inc., owner, for approval of a Conditional Use Permit for a "church" in the Single Family Estate District (RE). 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 (CUP) for a church in the Single Family Estate District (RE). The proposed church would be approximately 13,000 square feet, and would be used mainly on Sunday morning for worship service, and occasional bible study groups throughout the week. The main auditorium could seat up to 225 people. Staff recommends approval. Staff received three Public Comment forms against. Pastor Gentry McColm of 2611 Oxhill Ct., Pearland spoke on behalf of the owner. The following individuals spoke: Mona Fluitt Menzel of 2237 Sterling Drive, Pearland spoke in favor, with hopes that the City would look into traffic flow issues, side parking, and lighting. Charles Champion of 2117 Linda Ln., Pearland spoke in opposition of the CUP, as he was opposed to the site location. Mark Smith of 1206 Osborne, Friendswood spoke in favor. Franco Mendoza of 2130 Linda Lane, Pearland spoke of the quality of living in the area, and asked the City to inspect the drainage issues. George Phelps of 2102 Linda Lane, spoke in opposition as his property is adjacent, and the back portion of the property is already under water. Mr. Phelps had concerns with the drainage. Gentry McColm, 2611 Oxhill Ct., Pearland spoke again stating that it could be two or more years before they began to construct the church. Mayor Reid stated that the drainage issues and traffic would need to be addressed. Council Member Owens spoke of the widening of Hughes Ranch Road, and looking into the drainage issues, and Right -of -Way being taken by TxDOT. Council Member Cole welcomes churches. The Public Hearing for Conditional Use Permit No. 2007-10 was adjourned at 8:01 p.m. The Public Hearing for Conditional Use Permit No. 2007-12 opened at 8:01 p.m. E. CONDITIONAL USE PERMIT NO. CUP2007-12 A request by Verde Development Group, owner, for approval of a Conditional Use Permit for a "gymnastics instruction and training facility" in the Light Industrial District (M-1). P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The applicant is requesting approval of a gymnastics instruction and training facility in the Light Industrial District (M-1). Staff recommends approval for the reasons stated in the Staff report. Mr. Earl Cramer, owner, of 10497 Town & Country Way, Suite 420, Houston, TX 77024 spoke on behalf of Verde Development Group. The following individuals spoke: Mr. Jeffrey Scearce, 4201 W. Orange, Pearland, TX 77581 spoke in great detail regarding his Pipe Business next door to the proposed gymnastic center. He discussed the dangers and concern of this proposed facility in a light industrial area. Mr. Gabriel Baizan of 1904 Mykawa Road, Pearland, TX 77581 spoke of safety concerns, and how truck traffic will double by the year 2012. Mr. Grif Carnes of 1871 Mykawa Road, Pearland, TX 77581 spoke regarding traffic and safety concerns. Mr. Gary Bucek of 8101 Fite Rd., Pearland, TX 77581 spoke of maintaining M-1 zoning for existing area. Mr. Don Cramer of 10497 Town & Country Way, Suite 420, Houston, TX 77024 spoke in favor of the CUP. He stated they needed an isolated space, and it is too difficult to find in the Houston and surrounding area. Mr. Earl Cramer of 10497 Town & Country Way, Suite 420, Houston, TX 77024 spoke in favor and reiterated that they were not seeking a zone change, but a Conditional Use Permit. There was much discussion on the topics of safety, and best use of the land. Councilman Cole stated he welcomes what the applicant is bringing forward, but the Industrial Community neighbors have expressed concern and are looking at a worse case scenario. Mr. Cole expressed concerns with the potential danger of the traffic, and pipe trucks. Mr. Cole asked why is the Land Use Matrix allowing Martial Arts in a Light Industrial zone. Council Member Beckman commented that she agreed with Mr. Cole, as did Council Member Saboe. Commissioner Diggs and Commissioner Fuertes also expressed concern with safety issues. Mayor Reid reiterated concerns mentioned by the Council and Commission. Senior Planner Grahmann stated that staff would look at the Land Use Table at the next UDC Amendment. The Public Hearing for the Conditional Use Permit No. CUP 2007-12 adjourned at 8:46 p.m. The Public Hearing for the Zone Change No. 2007-07Z opened at 8:46 p.m. F. ZONE CHANGE NO. 2007-07Z A request by Horizon Group International, applicant for Hospitality, D.C., 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 —1 District (R-1) to General Business Retail District (GB). P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The property is currently undeveloped. The applicant also owns the property directly to the north that is zoned as GB, and both these properties will be part of one development. Staff recommends approval for the reasons stated in the staff report. Mr. David Schwarz, III of 5005 Riverway #310, Houston, TX 77056, spoke as agent for the owner. No one was present to speak for or against the zone change. Council Member Cole stated he concurs with staff's comments. Council Member Saboe asked that buffering be considered of the Multi -Family development to the east. The Public Hearing for the Zone Change No. 2007-07Z adjourned at 8:52 p.m. ADJOURNMENT Mayor Reid adjourned the hearing at 8:52 p.m. These minutes are respectfully submitted by: �r Judy Kra' Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 23rd of July, A.D. 2007. Mayor Tom Reid