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2007-08-20 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 AUGUST 209 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 6:35 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 Felicia Kyle Council Member Helen Beckman Council Member Woody Owens P & Z Chairperson Ruby Sandars P & Z Vice -Chairperson Henry Fuertes P & Z Commissioner Susan Sherrouse P & Z Commissioner Neil West P & Z Commissioner Sheryl Greiner P & Z Commissioner Darrell Diggs P & Z Commissioner Jerry Koza, Jr. Also in attendance: City Attorney Darrin Coker; Deputy City Attorney Nghiem Doan; City Manager Bill Eisen; Assistant City Manager Nicholas Finan; Assistant City Manager Mike Hodge; 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. The public hearing for Amendments To The Master Thoroughfare Plan opened at 6:40 p.m. CONSIDERATION & POSSIBLE ACTION—Amendments To The Master Thoroughfare Plan A request by the City of Pearland, for an amendment to the Master Thoroughfare Plan. Mayor Reid read the purpose of the hearing. Senior Planner Grahmann read the Staff report, as well as the Applicant Presentation.The amendment pertains to Hillhouse Road to make it a minor collector street with a 60 -foot right-of-way. Staff recommends approval. There was no one present to speak for or against this amendment. Page 1 of 6 JPH 8/20/07 There was no discussion from Council/Commission/Staff The public hearing for Amendments To The Master Thoroughfare Plan adjourned at 6:45 p.m. A public hearing for Zone Change No. 2007-09Z opened at 6:45 p.m. CONSIDERATION & POSSIBLE ACTION—Zone Change No. 2007-09Z A request by Asuncion M. Esparza, 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 General Commercial District (GC) located on the East Side of Wagon Trail Road, and Approximately 900 Feet North of Fite Road. Chairperson Sandars read the purpose of the hearing Senior Planner Grahmann read the Staff report stating that the applicant is seeking a General Commercial (GC) zone in order to utilize a portion of the property for truck storage. Staff recommends denial for reasons stated in the Staff report. Staff received one public comment form in favor of this zone change. Mr. Charles Kinsey of 3105 Nantucket, Pearland, Texas 77584 spoke on behalf of the owner. Mr. Erick Moreno of 5722 Ochoa, Pearland, Texas 77584 spoke against the zone change. Mr. Moreno resides behind and to the east of the subject property, and is against this due to the drivers inappropriate behavior on the property, the owner bringing in dirt and raising the elevation above his own property, and the inability to reach a compromise with the owner. Commissioner Diggs asked staff if a different zoning would work better for their use. Senior Planner Grahmann commented no, and verified this with the UDC. The public hearing for Zone Change No. 2007-09Z was adjourned at 6:55 p.m. A public hearing for Zone Change No. 2007-10Z was called to order at 6:55 p.m. CONSIDERATION & POSSIBLE ACTION—Zone Change No. 2007-10Z A request by Bonnie and Janice Howard, applicant for John Aaron and Kathryn Howell, 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 Suburban Residential – 12 District (SR -12) to General Commercial District (GC) located on the East Side of Zapalac Road, and Approximately 1,000 Feet North of FM 518 (Broadway Street) Chairperson Sandars read the purpose of the hearing Commissioner Greiner arrived at 6:56 p.m. Page 2 of 6 JPH 8/20/07 Senior Planner Grahmann read the Staff report stating that the applicant is proposing retail and commercial uses for the subject property. Staff recommends denial for reasons stated in the staff report. Mr. Louis McKinney of 16310 Quail Park Drive, Missouri City, Texas 77489, spoke on behalf of the owner, Mr. Bonnie Howard, and stated that they want to use the propertyfor a cemetery. Mr. John Howell of 2519 Zapalac Road, Pearland, Texas 77581 spoke in favor of the zone change. Mr. Charles Largent of 6210 Raintree Drive, Pearland, Texas 77584 spoke against the zone change stating he lives near the property, and currentlythere are drainage issues. Mr. Largent feels this proposed use would make the drainage worse. Mr. Larry Marcott of 3606 Inverness Court, Pearland, Texas 77581 spoke againstthe zone change. Mr. Marcott stated that there were already traffic problems on Cullen Rd., and that a previous zoning issue was denied. Council Member Cole asked for comments from Assistant City Manager in regards to drainage issues. Mr. Hodge stated the ditches were being cleaned out, and the City was working with the Drainage District. Council Member Cole also asked that goals for the Comprehensive Plan be looked at for cemeteries in the future. Commissioner West asked the applicant how old the cemetery was, and the number of acres. The owner, Mr. Howard, stated the first burial took place in 1954, and consisted of 105 acres. Mr. West also inquired as to how many of those buried were Pearland residents. Mr. Howard explained that those records are not kept; however, they are seeing more Pearland customers. Council Member Kyle inquired as to who hires the motorcycle Police Officers. Mr. Howard explained that these were hired out of Houston, and the cemetery hires one at the gate. There was further discussion on this topic. Commissioner Fuertes inquired about the residences there. Ms. Grahmann stated that Mr. John Howell and another resident reside there and use Zapalac Road. Commissioner Fuertes asked if taxes were collected on this property. Mr. Howell stated the 19 acres has an Agricultural exemption on the land. Mr. Larry Marcott stated that the only taxable item would be the building, as the land would become exempt. Ms. Grahmann stated that cemeteries are allowed in both the General Business and General Commercial Zones. The public hearing for Zone Change No. 2007-10Z was adjourned at 7:29 p.m. A public hearing for Zone Change No. 2007-12Z was opened at 7:34 p.m. Page 3 of 6 JPH 8/20/07 CONSIDERATION & POSSIBLE ACTION—Zone Change No. 2007-12Z A request by Northwinds Construction, applicant for Gartner Interests, 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 Light Industrial District (M-1) to Planned Development District (PD), located on the East Side of Max Road, and Approximately 1,700 Feet North of FM 518 (Broadway Street). Chairperson Sandars read the purpose of the hearing. Planning Director Lata Krishnarao read the Staff report stating the applicant is requesting change in zoning to a Planned Development (PD). The subject property is currentlyzoned as Light Industrial, and is currently developed with light industrial uses within a 6,000 square foot office building, a 10,000 square foot warehouse building, and a 1,000 square foot shipping and receiving building. The applicant is proposing an expansion to the facility and is seeking the deviations from the requirement of the UDC in the PD. Staff recommends approval. Staff received three (3) public comment forms in favor of this zone change. Mr. George Gartner, owner, of 2433 Max Road, Pearland, Texas 77581 spoke briefly. Mr. Larry Marcott of 3606 Inverness Court, Pearland, Texas 77581 stated that he was on council when this business came to town; and since then, a lot of development has happened. Mr. Marcott spoke in favor, and stated he would like to see it restricted. Chairperson Sandars thanked the applicant. Commissioner West thanked Staff for their work. The public hearing for Zone Change No. 2007-12Z was adjourned at 7:41 p.m A public hearing for Zone Change No. 2007-11Z was opened at 7:41 p.m. CONSIDERATION & POSSIBLE ACTION—Zone Change No. 2007-11Z A request by Kerry R. Gilbert and Associates, applicant for Shadow Creek Ranch Development Company, 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 Business Park District – 288 (BP -288) to Planned Development District (PD), located on the West Side of State Highway 288, South of Medical Center Drive, and North of Broadway Street. Chairperson Sandars read the purpose of the hearing. Planning Director Krishnarao read the Staff report stating the applicant is requesting a change in zoning to a Planned Development (PD), in order to add two parcels to the Shadow Creek Ranch PD. The two parcels total approximately 32 acres of land. Staff recommends approval. Staff does recommend that screening be considered as a condition Page 4 of 6 JPH 8/20/07 of this approval. Staff received two letters from residents on the west side opposing this zone change. Mr. Kerry Gilbert of 23501 Cinco Ranch Blvd., Katy, Texas made a Power Point presentation. Mr. Gary Cooke of 2947 E. Broadway, Pearland, Texas 77581 spoke in favor of this zone change. Mr. Mark Thrash, Jr. of 2603 Tidenhaven Drive, Pearland, Texas 77584 asked if there were any residency plans for the property located behind his homestead. Mr. Donovan Stephens of 2615 Tidenhaven Drive, Pearland, Texas 77584 inquired about refuse containers. Council Member Cole asked Mr. Kerry Gilbert to address these two questions. Mr. Gilbert stated that there were no plans to develop the property located behind Mr. Thrash. This property is zoned commercial. In regards to the refuse containers, there is currently a six- foot masonry wall, twenty-five feet from that and buffer with landscaping. Discussion continued with several questions pertaining to the Design Guidelines. The public hearing for Zone Change No. 2007-11Z adjourned at 8:05 p.m. A public hearing for Amendments to the Unified Development Code (UDC) opened at 8:05 p.m. CONSIDERATION & POSSIBLE ACTION—Amendments To The Unified Development Code (UDC) A request by the City of Pearland, for an amendment to the Unified Development Code (UDC), Ordinance No. 2000T. Chairperson Sandars read the purpose of the hearing. Planning Director Lata Krishnarao and Deputy City Attorney Nghiem Doan presented the Staff Report, and Applicant presentation of the seven items outlined in the Staff report. Mr. Will Deane of 2805 Business Center Drive, Pearland, Texas 77584 of Transwestern spoke in favor ofthe signage. Mr. John Hay of 2805 Business Center Drive, Pearland, Texas 77584 of Academy spoke in favor of the signage. Mr. Rodney Tippit of 2804 Business Center Drive, Pearland, Texas 77584 of Ashley Furniture Stores spoke in favor of the signage. Page 5 of 6 JPH 8/20/07 Council Member Cole stated he was in favor. Council Member Kyle stated she was generally pleased with the signage, and asked Staff to act quickly on issuing permits. Commissioner West stated he was opposed to the sign height. Council Member Cole asked Deputy Attorney Doan about the Gaming Machines. Deputy Attorney Doan, Planning Director Krishnarao, and Assistant City Manager Finan all gave feedback to Mr. Cole's question. Council Member Saboe inquired about the Conditional Use Permit process and options. There was much discussion. The public hearing for Amendments to the Unified Development Code (UDC) was adjourned at 8:50 p.m. VI. ADJOURNMENT Mayor Reid adjourned the joint public hearing at 8:50 p.m. These minutes are respectfully submitted by: Judy Krajca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 10th of September, A.D., 2007, , )" � " P,- a Mayor Tom Reid Page 6 of 6 JPH 8/20/07