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2007-09-17 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 SEPTEMBER 17, 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 6:41 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 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. P & Z Commissioner Sheryl Greiner arrived at 8:29 p.m. Senior Planner Theresa Grahmann explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission Meeting would be following the Joint Public Hearing. The public hearing for Zone Change No. 2007-13Z opened at 6:46 p.m. CONSIDERATION & POSSIBLE ACTION—Zone Change No. 2007-13Z A request by New Life Lutheran Church, applicant for Robert Alexander and Tom Alexander, 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 Single Family Residential – 2 District (R-2) and General Business Retail District (GB) to Office and Professional District (OP), on the property located on the West Side of Pearland Parkway, and on the South Side of Barry Rose Road. P & Z Chairperson Ruby Sandars read the purpose of the hearing. Senior Planner Grahmann read the Staff report stating the subject property is currently undeveloped and that the applicant is requesting a zone change in order to allow the property to be developed with office professional uses. Staff received two Public Comment Page 1 of 7 JPH 9/17/07 forms in favor, and one against. Three additional comment forms came in prior to the meeting, against. Staff recommends approval. Reverend Dr. Brian K. Gigee of 2223 Manchester Lane, Pearland, Texas spoke on behalf of the church. Mr. Tom Ingrebretdtsen of 2123 Tower Bridge, Pearland, Texas spoke in favor of the zone change, as both a homeowner and realtor in the same area. Ms. Lisa Lake of 2009 Westminister, Pearland, Texas spoke of concerns, but was not against the church. Ms. Sandra Lozano of 3213 London Court, Pearland, Texas spoke that she was not against a church, but concerns lie with the traffic on London Court. Mr. Steve Kenney of 2116 Tower Bridge, Pearland, Texas spoke against the zone change, asking why we would change our future land use, and how will this affect the property values. Ms. Shelly Hardy of 2108 Tower Bridge Road, Pearland, Texas spoke against the zone change with concerns of the property values. Ms. Ashley Cotton of 2138 Tower Bridge, Pearland, Texas spoke of concern as her house is currently for sale. Mr. John Gestl of 2423 Dixie Woods Drive, Pearland, Texas spoke in favor of the church stating that the church had to buy the entire 20 acres, while only needing 10 acres, thus they are selling off the extra 10 acres. Mr. Steve Kenney spoke again in opposition, and Mr. Tom Ingebretdtsen spoke again in favor in regards to property values, from a realtor's perspective. Mr. Tom Childs of 10632 Cory St., Manvel, Texas spoke in favor, stressing change and growth. There was much discussion from Council/Commission/Staff with Council Member Kevin Cole discussing access to the church. City Engineer Narciso Lira spoke of doing another traffic study and some possibilities to ease traffic off of London Court. Council Member Steve Saboe asked that the traffic study be made a priority, and commented that Office Professional could be a good buffering to residential. Council Member Woody Owens stated he felt Dawn Street should be a cut through to Barry Rose, and reminded that Barry Rose would be crossing Pearland Parkway to the 646 acres across Pearland Parkway. The public hearing for Zone Change No. 2007-13Z was adjourned at 7:37 p.m. Mayor Reid called for a recess at 7:37 p.m. A public hearing for Conditional Use Permit No. 2007-14 opened at 7:49 p.m. Page 2 of 7 JPH 9/17/07 CONSIDERATION & POSSIBLE ACTION—Conditional Use Permit No. 2007-14 A request by The Church For All People, applicant for Ronald Smith, owner, for approval of a Conditional Use Permit for a "church/place of worship" in the Single Family Residential – 1 District (R-1) and the Single Family Residential – 2 District (R-2), on the property located on the East Side of Old Alvin Road, and approximately 110 Feet South of Glastonbury Drive Chairperson Sandars read the purpose of the hearing Senior Planner Grahmann read the Staff report stating that the applicant is seeking a Conditional Use Permit (CUP) for a church in the Single Family Residential District. The subject property is approximately 4.7 acres in size, with the property being split into two separate zoning districts, with the main building containing a sanctuary, classrooms, fellowship hall, and offices. At present, the site is undeveloped. Staff received five public comment forms in opposition in regards to traffic and property values. Staff recommends approval with conditions, as outlined in the Staff report. Mr. Billy Crouch of 3208 Bishopton, Pearland, Texas spoke in favor of the CUP and stated that currently the church is leasing a building and would like to build. There was no one present to speak for or against the CUP; however, Council Member Steve Saboe asked the members of the congregation to stand, in order to get a feel for how many attended the hearing are in favor of the CUP. There was discussion among the Council/Commission/Staff with Council Member Saboe asking that Staff look into parking. The public hearing for Conditional Use Permit No. 2007-14 was adjourned at 8:05 p.m. A public hearing for Zone Change No. 2007-15 was called to order at 8:05 p.m. CONSIDERATION & POSSIBLE ACTION—Conditional Use Permit No. 2007-15 A request by Bredero Shaw, applicant for Bell Bottom Foundation, owner, for approval of a Conditional Use Permit for a "pipe storage yard" in the General Commercial District (GC), on the property located on the East Side of State Highway 35 (Main Street), and Approximately 300 Feet North of Knapp Road Chairperson Sandars read the purpose of the hearing. Senior Planner Grahmann read the Staff report stating that the applicant is requesting a CUP for a pipe storage yard in the General Commercial District (GC). The pipe storage yard would be fenced and screened from view. Staff recommends approval. Staff received six public comment forms against, plus a set of pictures, and five additional comment forms were submitted prior to the hearing, all against the conditional use permit. Page 3 of 7 PH 9/17/07 Commissioner Greiner arrived at 8:29 p.m. The applicant was present but chose not to speak Ms. Luann Sandars of 3417 Tree Lane, Pearland, Texas spoke against the use, stating 18 -wheelers come through trying to turn around, the dust stirred up from the pipe yard, no drainage, and flooding in the area. Mr. Victor King of 1137 Glenda, Pearland, Texas spoke against and reiterated the problems with noise, and dust because of the pipe yard. Mr. Jack Davis of 1124 Glenda, Pearland, Texas spoke against for the same reasons. Mr. Leonardo DeRosa of 1114 Glenda, Pearland, Texas spoke against, expressing concerns with the property values, the dirt, and noise, and traffic. Mr. Roy Shugart of 1142 Glenda, Pearland, Texas spoke against due to the noise and traffic. Mr. Louis Stuart of 1132 Nancy, Pearland, Texas spoke against and explained that the area was a nice, quiet neighborhood, except for the noise from the pipe yard business. He also stated the business runs 24 hours a day, and was concerned with detention ponds and roads. Mr. Donald LeBlanc of 1140 Glenda, Pearland, Texas spoke against due to the noise and dust. Ms. Debbie Haine of 1144 Nancy St., Pearland, Texas spoke against, and stated the ditches were not maintained by the city, and that water stands. The pipe yard would cause flooding, and the road is already very narrow for traffic. Mr. Jerry Williams of 1133 Glenda, Pearland, Texas spoke against, and asked Council to drive down Knapp Road and see it and hear it for themselves. Mr. Gary Jackson of 1141 Glenda, Pearland, Texas spoke against, and asked Council to check out these complaints. Ms. Mary Knight of 1123 Glenda, Pearland, Texas spoke against, and stated she agreed with what everyone was saying. Ms. Evelyn Henderson of 1147 Glenda, Pearland, Texas spoke against for all the same reasons, and stated that this area needs to be improved. Mr. Archie Buchman of 1126 Union Valley Dr., Pearland, Texas spoke against and asked Council to look at the quality of life. Mr. Victor King of 1137 Glenda, Pearland, Texas spoke again and stated that the noise Page 4 of 7 JPH 9/17/07 would still be heard regardless of the fence and height. Ms. Shirley Hall of 10915 Sageberry, Pearland, Texas spoke against, as a local realtor with several homes listed in the neighborhood. Council Member Cole asked the applicant to explain access to the site. Mr. Gordon Wood, Project Manager for S&B Infrastructure, Ltd., 3535 Sage Road, Houston, Texas spoke briefly in favor of the use, stating that access will be provided from Knapp Road, and in the future, they may have access to SH 35. There was brief discussion among the Council/Commission/Staff with Council Members Cole and Beckman stating they were in opposition. Council Member Saboe stated he was not in favor, but supports the business for a tax base. The public hearing for Conditional Use Permit No. 2007-15was adjourned at 8:49 p.m. Mayor Reid recessed at 8:50 p.m. A public hearing for Conditional Use Permit No. 2007-16 was opened at 8:57 p.m. CONSIDERATION & POSSIBLE ACTION—Conditional Use Permit No. 2007-16 A request by Pierre Nys, owner, for approval of a Conditional Use Permit for a "wireless network pole with security cameras" in the Suburban Residential –12 District (SR -12), on the property located on the East and West Sides of Aubrell Road, on the North Side of Becky Lane, and on the North and South Sides of Songbird Drive. Chairperson Sandars read the purpose of the hearing. Senior Planner Grahmann read the Staff report stating the request was for several wireless network security cameras on poles, with the applicant proposing 9 poles. The poles would be approximately 43 to 46 feet in total height, and would carry network security cameras, wireless LAN access points, and related equipment. Staff recommends approval, as they did not feel this would have a negative impact. Staff received a petition of 46 signatures opposing the permitted use, and 24 public comment forms against. Mr. Pierre Nys of 3411 Parkside Drive, Pearland, Texas spoke in favor and stated he will be building on these lots soon, and the cameras will cut down on the theft. Mr. Clarence Whitson of 3607 Lynnhaven, Pearland, Texas spoke on behalf of the Audubon Place Homeowners Association, and stated that he was opposed for privacy issues, and why 9 poles were needed, and that these cameras could pick up images from the surrounding homes, as well as a new school nearby. Ms. Natalie Sweet of 3506 Parkside Drive, Pearland, Texas spoke against the use for the same reasons given by Mr. Whitson. She was also concerned with the property values, exposure of the children, hackers, the schools, and the fact that these cameras would be near her backyard. Page 5 of 7 JPH 9/17/07 Mr. Sergei Krylov of 3504 Parkside Drive, Pearland, Texas spoke against because the cameras would be overlooking their swimming pool, and bedroom, and was concerned with personal privacy and the safety of the children. Ms. Stephanie Estala of 3504 Parkside Drive, Pearland, Texas also spoke against and stated she agreed with what was being said. Mr. John Gorman of 3612 Parkside Drive spoke against and stated he agreed with all the speakers. Mr. Kip Sweet of 3506 Parkside Drive, Pearland, Texas stated he was opposed due to privacy, health affects (and stated a class action suit in Illinois with possible health affects of towers), property values, the precedence this will set, and it is not compatible with the area and does not blend in. Ms. Sherry Schluntz of 3549 Aubrell, Pearland, Texas spoke against the use Mr. John Gorman of 3612 Parkside Drive, Pearland, Texas addressed the crime issue, and stated that at the recent National Night Out, the Police officers stated that car alarms going off was the only disturbance in their area. Mr. Stan Hollis of 3601 Parkside Drive, Pearland, Texas spoke against, and expressed a concern for Mr. Nys wanting these camera poles. There was discussion among the Council/Commission/Staff about the need for the cameras on poles, as opposed to other types of security cameras. The public hearing for Conditional Use Permit No. 2007-16 was adjourned at 9:56 p.m. A public hearing for Amendments to the Unified Development Code was opened at 9:56 p.m. CONSIDERATION & POSSIBLE ACTION—Amendments to the Unified Development Code A request by the City of Pearland, for an amendment to the Unified Development Code (UDC), Ordinance No. 2000T. Planning Director Krishnarao read the purpose of the hearing, the Staff report, and spoke on behalf of the applicant. Mr. John Langton of Transwestern spoke in favor of the amendment, specifically pertaining to the flag lots. There was brief discussion among the Council/Commission/Staff. Page 6 of 7 JPH 9/17/07 The public hearing for Amendments to the Unified Development Code was adjourned at 10:07 p.m. VI. ADJOURNMENT Mayor Reid adjourned the joint public hearing at 10:07 p.m. These minutes are respectfully submitted by: Judy Kr -*a Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 22"d day of October 2007, A.D. — 5-: -- � Mayor Tom Reid Page 7 of 7 JPH 9/17/07 THIS PAGE LEFT BLANK INTENTIONALLY