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2008-02-18 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 FEBRUARY 18, 2008, 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 6:54 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 Henry Fuertes P & ZVice-Chairperson Jerry Koza, Jr. P & Z Commissioner Neil West P & Z Commissioner Susan Sherrouse P & Z Commissioner Darrell Diggs P & Z Commissioner Charles Gooden, Jr. P & Z Commissioner Ron Capehart Also in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Deputy City Attorney Nghiem Doan; 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 following the Joint Public Hearing. The public hearing for Conditional Use Permit No. CUP2008-05 and Conditional Use Permit No. CUP2008-06 was jointly opened at 6:56 p.m. CONSIDERATION & POSSIBLE ACTION -Conditional Use Permit No. CUP2008-05 P&Z Chairperson Fuertes read the purpose of the hearing. A request by Troy and Peggy Stalcup, owners, for approval of a Conditional Use Permit for "agricultural animal husbandry" in the Suburban Residential - 15 District (SR-15), on the following described property, to wit: Legal Description: 0.860 acres of land, being Lot 9, Block 10, of West Lea, Section 2, according to the map or plat thereof recorded in Volume 11, Page 69, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas; located at 3814 Blue Bird Way. Page 1 of 8 JPH Minutes 2-18-08 CONSIDERATION & POSSIBLE ACTION -Conditional Use Permit No. CUP2008-06 P&Z Chairperson Fuertes read the purpose of the hearing. A request by Dorothy Black, owner, for approval of a Conditional Use Permit for "agricultural animal husbandry" in the Suburban Residential - 15 District (SR-15), on the following described property, to wit: Legal Description: 0.860 acres of land, being Lot 10, Block 8, of West Lea, Section 2, according to the map or plat thereof recorded in Volume 11, Page 69, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas; located at 3826 Wingtail Way Both CUP's were presented together. Senior Planner Grahmann read the staff report giving a brief history of how this came to the City of Pearland's attention. Staff received numerous public comment forms, with the majority being in opposition. Owner, Peggy Stalcup of 3814 Blue Bird Way, Pearland, TX spoke at length reading a letter beginning with her purchasing the property with the intent to raise Ag animals. Owner, Dorothy Black of 3626 Wingtail Way, Pearland, Texas read a lengthy letter asking the City Council and the Planning and Zoning Commission to reconsider the current ordinance. The following spoke in opposition: Chris Pratka of 3905 Meadowlark Way, Pearland, Texas opposed, as ordinance is in place for a reason. Alfred R. Flores of 4010 Wingtail Way, Pearland, Texas opposed, as deed restrictions being in place, and signs being located in front of each entrance of the subdivision. Trish Pratka of 3905 Meadowlark Way, Pearland, Texas opposed, as deed restrictions already in place and were published in the Civic Center newsletter. Bill Baldy of 3714 Wingtail Way, Pearland, Texas opposed, as deed restrictions having been in place and acknowledges that they are there for a reason. He expressed sympathy for the two homeowners if they received false information from the City. Lester Joe Urban of 4029 Meadlowlark Way, Pearland, Texas opposed, as existing ordinance has been in place and needs to be enforced, but ask that the City give the two homeowners consideration in removing the animals. Mike O'Day of 6213 Dublin Lane, Pearland, Texas supports the Stalcups', but agrees the ordinance needs to be enforced and challenged the City to provide Page 2 of 8 JPH Minutes 2-18-08 land for such facilities. Martha Maxwell of 3649 Wingtail Way, Pearland, Texas opposed, as deed restrictions are in place and must be followed by all. It is good to teach children about FFA and the care of animals, however, it is also good to teach children about rules and ordinances. The following spoke in favor: Hailey Pavlowich of 3814 Bluebird Way, Pearland, Texas in favor and feels the ordinance should be done away with. Sharon Vollers of 4010 Joe Dr., Pearland, Texas in favor and asked the City Council and Planning and Zoning Commission to change the ordinance because there is no scientific basis for the acreage vs. number of animal's theory. Chelsea Pavlowich of 3814 Bluebird Way, Pearland, Texas in favor while reading a letter speaking primarily of the FFA program. Patric Paul of 12421 Roy Rd., Pearland, Texas in favor because of the FFA and 4-H program. Teaches kids to take responsibility of an animal, and not out getting into trouble. Vernon Huffman of 6721 Meadow Lane, Pearland, Texas agreed with Mr. Paul. Patric Paul, Jr. of 12421 Roy Rd., Pearland, Texas in favor and talked about how neat and clean the Stalcups' keep their barn and show area. Carol Compton of 6821 Meadow Lane, Pearland, Texas in favor and commented on Pearland's' statement of "where town and country meet". Council Members Cole, Saboe, Beckman, and Owens all spoke with support of the City enforcing the ordinance that exist. There was discussion that maybe the ordinance needs to be reviewed to determine the type of animal and the number of animals allowed per acreage, but for now, all were in favor of honoring the existing ordinance. Council Member Cole stated he agreed with Martha Maxwell's comment, and several Council Members asked if the applicants could supply the name of the City staff that gave them false information, preferably in writing. There was some discussion in regards to Mike O'Day's comment of the City offering land for the students. Mayor Pro-Tem Saboe commented that maybe a meeting with Pearland ISD be set up twice a year to discuss the issue of Ag land available for students to raise their animals. Council Member Beckman does not feel the City should provide land or a barn, but feels the City could support the school district and support them with a bond, in order to build a new facility for more animals. Commissioner Capehart agrees that the ordinance should be reviewed to determine the acreage vs. animals; and, ask that a grace period be extended to the two families. Mayor Reid agreed that the ordinance be reviewed, but for now, it is in place and the homeowners need to abide by the ordinance. Page 3 of 8 JPH Minutes 2-18-08 Mayor Pro-Tem Saboe and Council Member Owens both agreed that a grace period should be discussed at the March 10th meeting. The public hearing for Conditional Use Permit No. CUP2008-05 and Conditional Use Permit No. CUP2008-06 were jointly adjourned at 8:17 p.m. The public hearing for Conditional Use Permit No. CUP2008-07 was opened at 8:19 p.m. CONSIDERATION ~ POSSIBLE ACTION -Conditional Use Permit No. CUP2008-07 P&Z Chairperson Fuertes read the purpose of the hearing. A request by Patricia E. Mercer, owner, for approval of a Conditional Use Permit for "agricultural animal husbandry" in the Single Family Residential - 1 District (R-1 ), on the following described property, to wit: Legal Description: 3.266 acres, being Lot 186, 1861, 18C1, 19E, 19E1, and 19F1, Willetts Subdivision, Abstract 70, W. D. C. Hall Survey, City of Pearland, Brazoria County, Texas; located at 1807 Taylor Lane. Senior Planner Grahmann read the staff report. Staff did not receive any complaints, but did receive two letters in support and two Public Comment forms in support. Ms. Grahmann stated the applicant does comply with the ordinance. Staff recommends approval. Owner, Patricia Mercer of 1807 Taylor Lane, Pearland, Texas spoke briefly stating her wish is to replace the existing barn and improve the property. There was no one present to speak for or against. There was no comment from Council/Commission. The public hearing for Conditional Use Permit No. CUP2008-07 was adjourned at 8:24 p.m. The public hearing for Conditional Use Permit No. CUP2008-08 was opened at 8:24 p.m. CONSIDERATION 8~ POSSIBLE ACTION -Conditional Use Permit No. CUP2008-08 P&Z Chairperson Fuertes read the purpose of the hearing. Page4of8 JPH Minutes 2-18-08 A request by Julie Lesage, applicant for Jung H. Kwak, owner, for approval of a Conditional Use Permit fora "language/learning center" facility in the Cullen Mixed Use District (C-MU), on the following described property, to wit: Legal Description: 2.389 acres of land out of Lot 59, of the Allison Richey Gulf Coast Home Company Subdivision of the H.T. & B.R.R. Company Survey Number 20 (F.B. Drake), Abstract 506, City of Pearland, Brazoria County, Texas, generally located on the West Side of Cullen Boulevard, and Approximately 750 Feet North of FM 518 (Broadway Street). Senior Planner Grahmann read the staff report and recommended approval. Staff received no public comment forms. Applicant, Julie Lesage of 3511 N. Hampton Ct, Pearland, Texas made a brief statement. Owner, Jung Kwak of 2621 Sunfish Drive, Pearland, Texas asked Council/Commission/Staff to look into permitted uses for General Business (GB)/Retail. Mr. Kwak stated several of his tenants have had to go through the long process of obtaining a conditional use permit before being able to open their business. Council Member Cole asked staff about a review of the UDC and the Table of Uses. Assistant City Manager Finan stated that Staff is currently researching this. Issues such as traffic may be a concern, when considering the uses. Mayor Pro- Tem Saboe agreed. The public hearing for Conditional Use Permit No. 2008-08 adjourned at 8:39 p.m. The public hearing for Conditional Use Permit No. 2008-09 opened at 8:39 p.m. CONSIDERATION SZ POSSIBLE ACTION -Conditional Use Permit No. CUP2008-09 P&Z Chairperson Fuertes read the purpose of the hearing. A request by USC Express, LLC, owner, for approval of a Conditional Use Permit fora "mini-warehouse and self storage" facility in the General Business Retail District (GB), on the following described property, to wit: Legal Description: Lot "C" of W. C. Properties, a subdivision situated in Section 85 of the H.T. & B.R.R. Company Survey, Abstract 304, City of Pearland, Page 5 of 8 JPH Minutes 2-18-08 Brazoria County, Texas; generally located on the North Side of FM 518 (Broadway Street), and on the East Side of Miller Ranch Road. Senior Planner Grahmann stated this hearing has been rescheduled until March 17, 2008, due to an error in the staff report. The public hearing for Conditional Use Permit No. CUP2008-10 opened at 8:40 p.m. CONSIDERATION 8~ POSSIBLE ACTION - Conditional Use Permit No. CUP2008-10 P&Z Chairperson Fuertes read the purpose of the hearing. A request by Monty Hudson, applicant for Bharat Bhakta, owner, for approval of a Conditional Use Permit for "additional building height for a hotel" facility in the Office and Professional District (OP), on the following described property, to wit: Legal Description: 1.995 acre tract of land in the H.T. & B.R.R. Company Survey, Abstract 304, being a portion of Lot 39 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85, as shown on plat recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas; generally located on the North Side of FM 518 (Broadway Street), and on the West Side of Miller Ranch Road. Senior Planner Grahmann read the staff report with staff recommending approval. Applicant, Monty Hudson of 2902 Founders Way, Arlington, Texas spoke briefly. There was no one present to speak for or against. Council Member Cole asked about the height restriction of the building. Senior Planner Grahmann stated that the Council/Commission can propose language to read what they have proposed and specify a height of roof and windows. Planning Director Krishnarao added that a drawing can be included in the language. Chairperson Fuertes expressed concern for the homeowners if the building was built to high. The public hearing for Conditional Use Permit No. CUP 2008-10 was adjourned at 8:52 p.m. Page6of8 JPH Minutes 2-18-08 The public hearing for Zone Change 2008-05Z was opened at 8:52 p.m. CONSIDERATION 8~ POSSIBLE ACTION -Zone Change 2008-05Z P&Z Chairperson Fuertes read the purpose of the hearing. A request by Richard A. Tarrer, Felton Baker, Mary Starr, David Miller, Lucy Gehring, Alice Gehring, Ray Nunez, Mike Martin, Darwin Macalister, and Pearland Square Condominium Association, 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 - 3 District (R-3) to General Business Retail District (GB), on the following described property, to wit: Legal Description: Tract "A" and Tract "B" and Tract "C" of Whispering Winds General Business Reserve, out of the Thomas J. Green Survey, Abstract 198, a per the plat recorded in Volume 17, Pages 93 and 94, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas; generally located on the North Side of FM 518 (Broadway Street), and on the West Side of Westminister Drive. Senior Planner Grahmann read the staff report stating the subject property does comply with the reasons given. Staff received a few Public Comment Forms in favor. Owner, Richard Tarrer of 2920 Green Tee Drive, Pearland, Texas spoke and asked if a refund of the zone change application fee be considered. There was no one present to speak for or against. There was brief discussion among the Council/Commission/Staff. The public hearing for Zone Change Application No. 2008-05Z adjourned at 8:58 p.m. The public hearing for Zone Change Application No. 2008-06Z opened at 8:59 p.m. CONSIDERATION & POSSIBLE ACTION -Zone Change 2008-06Z P&Z Chairperson Fuertes read the purpose of the hearing. A request by David Pearlman, applicant for Classic Self Storage LLC, 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 Estate Page7of8 JPH Minutes 2-18-08 District (RE) to Planned Development District (PD), on the following described property, to wit: Legal Description: 5.00 acres, Abstract 506, H.T. & B.R.R. Company Survey, Tract 6-7A-7E, City of Pearland, Brazoria County, Texas; generally located on the North Side of Hughes Ranch Road (County Road 403), and Approximately 600 Feet West of Linda Lane. Planning Director Krishnarao read the staff report. Staff received two Public Comment Forms in opposition. Staff asked that clarification be given in the PD as noted in the staff report. Bill Schmidt of 3210 Southmere Lane, Pearland, Texas spoke on behalf of the owner stating that no outside storage be allowed outside the property, such as the Penske trucks. There was no one present to speak for or against. There was much discussion in regards to staffs comments, with Mayor Pro-Tem bringing up the fencing, outside storage, sidewalks, and the signage being too large. Vice-Chairperson Koza, Jr. asked if the Commission could require that no second story ever be added. Council Member Cole recommended holding to the drawing submitted. The public hearing for Zone Change No. 2008-06Z adjourned at 9:30 p.m. ADJOURNMENT Mayor Reid adjourned the series of hearings at 9:30 p.m. These minutes are respectfully submitted by: Judy Krajc Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 10th day of March 2008, A.D. ~/YNi ~*~ Mayor Tom Reid Page 8 of 8 JPH Minutes 2-18-08