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2008-03-17 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 MARCH 17, 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 7:46 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 Council Member Felicia Kyle P & Z Chairperson Henry Fuertes 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; City Attorney Nghiem Doan; Deputy City Attorney Nghiem Doan; City Engineer Narciso Lira; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan and Plat Administrator Richard Keller; 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 the Amendments to the Unified Development Code (UDC) was opened at 7:50 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, Ordinance No. 2000T, Generally Regarding the G/O — MU, Garden/O'Day—Mixed Use District (Section 2.4.3.3). Senior Planner Grahmann read the Staff report, as well as, the Applicant presentation. Staff recommends approval. The following spoke: Jean Bonds of 2053 Kelly, Pearland, TX stated she was opposed to the M-2 zoning, as this would impact their value negatively. Page 1 of 6 JPH Minutes 3-17-08 Bill Perry of 2104 Melanie Lane, Pearland, TX stated he was opposed, as the property values will go down, and that a lot of children are in the area. Suzanne Elliott of 2530 Garden Rd., and 2557 Garden Rd., Pearland, TX stated she doesn't want anything new to come in, but is okay with them doing what they are doing now. Judy Hubble of 2117 Michael, Pearland, TX stated she agreed with Mr. Bill Perry's comments. The area is loud; the dust is bad, and concerned with the impact of the values. Beverly Lucas of 6433 Butler, Pearland, and has concerns with the M-2 zoning. days a week. TX stated she backs up the Davis Lynch It is noisy, and they run their business 7 Ben Caldwell of 6309 Caldwell, Pearland, TX spoke in opposition. Council Member Cole asked Senior Planner Grahmann to show on the map the specific areas seeking the zone change. The public hearing for the Amendments to the Unified Development Code (UDC) was adjourned at 8:10 p.m. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP2008-14 A request by the City of Pearland, applicant for various property owners along Garden Road and O'Day Road, for approval of a Conditional Use Permit for Industrial Uses as described in the Land Use Matrix for Light Industrial District (M-1) and Heavy Industrial District (M-2), on the following described addresses: General Location: 1514 Garden Road; 1845 Garden Road; 2005 Garden Road; 2233 Garden Road; 2236 Garden Road; 2245 Garden Road; 2302 Garden Road; 2357 Garden Road; 2530 Garden Road; 1950 O'Day Road; 1902 Garden Road Chairperson Fuertes read the purpose of the hearing. Senior Planner Grahmann read the staff report, recommending approval. Staff received 4 public comment forms in support, and 5 public comment forms in opposition. There was no one to speak for or against the proposed request. Council Member Cole asked staff if the Question & Answers were delivered to applicants. Senior Planner Grahmann stated they were. Page 2 of 6 JPH Minutes 3-17-08 The public hearing for Conditional Use Permit No. CUP2008-14 was adjourned at 8:14 p.m. The public hearing for Conditional Use Permit No. CUP2008-09 was opened at 8:14 p.m. CONSIDERATION & 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 for a "mini -warehouse and self storage" facility in the General Business Retail District (GB), Generally Located on the North Side of FM 518 (Broadway Street), and Approximately 400 Feet East of Miller Ranch Road Senior Planner Grahmann read the staff report stating staff recommends approval. Staff received one public comment form in opposition. Mike Chance of 3117 Autumn Ct., Pearland, TX spoke on behalf of the owner. No one was present to speak for or against the proposed request. There was no discussion among Council/Commission/Staff. The public hearing for Conditional Use Permit No. CUP2008-09 was adjourned at 8:24 p.m. The public hearing for Conditional Use Permit No. CUP2008-11 was opened at 8:20 p.m. CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP2008-08 P&Z Chairperson Fuertes read the purpose of the hearing. A request by Betty Jones, applicant for S. Kevin Price, owner, for approval of a Conditional Use Permit for a "gaming establishment" facility in the General Commercial District (GC), Generally Located on the East Side of SH 35 (Main Street), and on the North Side of Hastings Cannon Road (CR 128). Senior Planner Grahmann read the staff report stating that previously the applicant came before City Council and the Planning and Zoning Commission with the same item. Page 3 of 6 JPH Minutes 3-17-08 Kevin Price of 3321 Prince George, Friendswood, TX spoke on behalf of the applicant. There was no one present to speak for or against the proposed request. Council Member Owens feelings where that it looks bad for the City to tell the applicant previously to do certain things in order to comply with the UDC, and then recommend denial, after all the work was done. Mr. Owens does not feel the area is a gateway to Pearland due to the M-2 zoning. Council Member Kyle disagreed with Mr. Owens as she feels it is a gateway to our City. Ms. Kyle does not approve of the Gaming Facilities. Commissioner West stated that Gaming Facilities have become more unpopular. The public hearing for Conditional Use Permit No. 2008-11 adjourned at 8:31 p.m. The public hearing for Conditional Use Permit No. 2008-12 opened at 8:39 p.m. CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP2008-12 P&Z Chairperson Fuertes read the purpose of the hearing. A request by Vineyard Christian Fellowship of Pearland, applicant for Massoud Motamedi, owner, for approval of a Conditional Use Permit for a "church" facility in the Neighborhood Service District (NS), Generally Located on the East Side of Harkey Road, and Approximately 700 Feet North of Fite Road. Senior Planner Grahmann read the staff report, stating staff recommends approval. Staff received no public comment forms. Kent McKitrrick of 519 Linson Ln., Friendswood, TX spoke on behalf of the applicant. There was no one present to speak for or against the proposed request. Council Member Cole remarked that he commends the church. Council Member Kyle asked how large the building would be. Mr. McKittrick stated the size to be 16,000 s.f., and possibly 2 stories. Ms. Kyle commented that the applicant will need to make sure there is enough parking. Chairperson Fuertes asked that Bardet be looked into, and not be used as a Page 4 of 6 JPH Minutes 3-17-08 primary entrance into the church. Planning Director Krishnarao stated this could be made a condition of approval. The public hearing for Conditional Use Permit No. CUP2008-12 adjourned at 8:43 p.m. The public hearing for Conditional Use Permit No. CUP2008-13 opened at 8:44 p.m. CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No. CUP2008-13 P&Z Chairperson Fuertes read the purpose of the hearing. A request by Bay Architects, Inc., applicant for Pasadena Independent School District, owner, for approval of a Conditional Use Permit for a "public elementary school' in the Single Family Residential — 1 District (R-1), Generally Located on the East Side of the future extension of Riverstone Ranch Drive, and Approximately 1,000 Feet South of Sugarbush Ridge Lane. Senior Planner Grahmann read the staff report stating staff recommends approval. Kenneth Schneider of 18201 Gulf Freeway, Webster, TX spoke on behalf of the applicant. Council Member Cole commented that the applicant will need to make sure they have adequate stacking capacity for traffic. Mr. Cole also welcomed Pasadena ISD to Pearland. Chairperson Fuertes expressed concern with the bridge and emergency vehicles. Mr. Schneider stated they need to open the school in the Fall of 2009. Senior Planner Grahmann noted that staff received one public comment form in favor, from the Pasadena Superintendent. The public hearing for Conditional Use Permit No. CUP 2008-13 was adjourned at 8:53 p.m. The public hearing for Zone Change 2008-07Z was opened at 8:53 p.m. CONSIDERATION & POSSIBLE ACTION — Zone Change 2008-07Z P&Z Chairperson Fuertes read the purpose of the hearing. Page 5 of 6 JPH Minutes 3-17-08 A request by Whispering Apartments 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 Residential — 3 District (R-3) to Multiple Family Residential District (MF), Generally Located on the East Side and West Side of Westminister Drive, on the North Side of Whispering Winds Drive, and Approximately 600 Feet North of FM 518 (Broadway Street) Senior Planner Grahmann read the staff report, stating staff recommends approval. Staff received two public comment forms in opposition. Claudia Crocker of 3301 S. Capital of TX Hwy., Bldg. 1-102, Austin, TX spoke on behalf of the owner. There was no one present to speak for or against the proposed request. Council Member Cole asked staff to check on the density, as he was concerned with the zoning of Multi -family. The public hearing for Zone Change Application No. 2008-07Z adjourned at 9:01 p.m. ADJOURNMENT Mayor Reid adjourned the series of hearings at 9:01 p.m. These minutes are respectfully submitted by: i Judy Kraj Planning fdministraltjive Sec etary Minutes approved as submitted and/or corrected on this 14th day of April 2008, A.D. Mayor Tom Reid Page 6 of 6 JPH Minutes 3-17-08