2007-07-16 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 JULY 16, 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 7:32 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
Council Member Steve Saboe
P & Z Vice -Chairperson Sheryl Greiner
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; Deputy City Attorney Nghiem Doan; City
Manager Bill Eisen; Assistant City Manager Nicholas Finan; Assistant City Engineer
Narciso Lira; 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 Zone Change No. 2007-08Z at 7:35 p.m.
A. CONSIDERATION & POSSIBLE ACTION—ZONE CHANGE NO. 2007-08Z
A request by Domodar Battu, applicant for Kubera Investments Partnership, 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 General
Business Retail District (GB) and Single Family Residential – 1 District (R-1) to
General Commercial District (GC).
Vice -Chairperson Greiner read the purpose of the hearing.
Senior Planner Grahmann read the Staff report stating that the applicant has plans
to construct retail, office, and service related uses on the subject property. The
property is currently undeveloped, and will need to be platted, prior to the issuance
of a building permit. Staff recommends denial of the zone change for General
Commercial (GC), but would support a zone change for General Business (GB) for
the reasons stated in the Staff report.
The applicant was not present to speak for or against the Zone Change.
There was no one present to speak for or against the Zone Change.
Council member Kyle stated she agreed with Staff's recommendation.
The public hearing for Zone Change No. 2007-08Z was adjourned at 7:43 p.m.
The public hearing for Conditional Use Permit No. 2007-13 was opened at 7:43 p.m.
B. CONSIDERATION & POSSIBLE ACTION—CONDITIONAL USE PERMIT NO.
CUP2007-13
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).
Vice -Chairperson Greiner read the purpose of the hearing.
Senior Planner Grahmann read the Staff report stating new Public Comment Forms
were received. Staff recommended denial for the reasons stated in the Staff report.
The owner, Renee McGuire of 7918 W. Broadway #106, Pearland, TX 77581
spoke in favor and showed the Site Plan and future plans of the area, both north
and south.
President of Tal -Con, Charlie Talbert of 7501 Westview Dr., Houston, TX 77055
showed site plans and spoke in favor.
Chris Talbert of Tal -Con, 7501 Westview Dr. Houston, TX 77055 spoke in favor
while giving a more descriptive overview.
The following spoke in favor or against the conditional use permit.
Mr. Greg McAuley of 3909 Travis Lake Ct., Pearland, TX 77581, spoke on behalf of
the homeowners association of Towne Lake Estates, expressing concerns with the
effect on the neighborhood, and the aesthetics as you approach the area.
Mr. Ronald Reed Leistad of 4147 S. Main St., Pearland, TX 77581, spoke as owner
of the storage facility further south on Main St. Mr. Leistad feels the CUP for this
facility is not in the best interest of other storage facilities and asked the Planning
and Zoning Commission to deny the CUP.
Mr. Larry Marcott of 3606 Inverness Ct., Pearland, TX 77581, spoke that this was
not the highest and best of use of the property. Mr. Marcott asked that the
comments from tonight and from the June 4, 2007 meeting be considered.
Dr. Britta Thompson of 3904 Canyon Lake Drive, Pearland, TX 77581 spoke in
opposition for the following reasons: her children's safety due to concern of what is
stored in the facilities, drainage and flooding, and asked that zoning of
Neighborhood Services be looked at for this area on Main St.
Council Member Cole inquired about the future plans for drainage of this area. Mr.
John English of Rekha Engineering, 5101 Hollister, Houston, TX spoke of their
plans.
Council Member Saboe stated he agreed with Mr. Marcott, that this was not the
highest and best use of the land.
Commissioner Diggs inquired about a Planned Unit Development.
Council Member Owens stated it may not be the highest and best use of the land,
but could be worse. Mr. Owens stated he felt this was an acceptable use.
Council Member Cole talked about the monitoring of the facility. Mr. Chris Talbert
stated that the applicants would be screened before leasing to them. Mr. Cole
asked about doing a market study of storage facilities, their needs, and occupancy.
Mr. Cole also added he was in favor of a PD, as Commissioner Diggs had
commented on. Commissioner Sherrouse also stated she was in agreement with a
PD.
The public hearing for Conditional Use Permit No. 2007-13 was adjourned at 7:43
p.m.
The public hearing for Conditional Use Permit No. 2007-11 was opened at 7:43 p.m.
C. CONSIDERATION & POSSIBLE ACTION— CONDITIONAL USE PERMIT NO.
CUP2007-11
A request by Karen Whitaker, applicant for Massoud Motamedi, owner, for approval
of a Conditional Use Permit for a "child day care center" in the Garden O'Day Mixed
Use District (GO -MU).
Commissioner Sherrrouse read the purpose of the hearing.
Senior Planner Grahmann read the Staff report stating the applicant already
provides a child care in her home on the subject property, but the facility is limited to
8 children or less. The applicant wants to expand the facility and move the day care
to another structure located on the subject property, thus providing more room to
allow more children. Staff recommends denial of the CUP, for reasons stated in the
Staff report.
Mr. Derron Whitaker of 2538 O'Day Rd., Pearland, TX 77581 spoke on behalf of the
applicant emphasizing the need for infant daycare.
There was no one present to speak for or against the CUP.
Council Member Cole stated that in general, he likes what the applicant has
proposed.
Commissioner West asked what they are lacking, meeting the setbacks. Planning
Director Krishnarao stated that Staff would not know until they submitted a site plan.
There was much discussion among the Council/Commission/Staff.
Council Member Sabao asked if the CUP treated which building they operated out
of. Senior Planner Grahmann explained that this could be added as a condition to
the CUP.
Mr. Massoud Motamedi, owner, of 14311 Harvest Oaks Ct., Houston, TX 77062
spoke about the challenges the owners have in the mixed-use district.
Discussion ensued over Mixed -Use Districts, and buffering and parking.
The public hearing for Conditional Use Permit No. 2007-11 was adjourned at 9:09
p.m.
ADJOURNMENT
Mayor Reid adjourned the hearing at 9:09 p.m.
These minutes are respectfully submitted by:
.C�i.
Judy Kr ca
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 12th of November, A.D., 2007.
Mayor Tom Reid