2008-09-22 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 22, 2008, AT 6:30 P.M., IN THE COMMUNITY CENTER, CITY HALL,
3523 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The public hearing was called to order at 7:29 p.m. Mayor Tom Reid opened the hearing
for the City Council, and P&Z Chairperson Henry Fuertes opened the hearing for the
Planning and Zoning Commission, with the following present:
Mayor Tom Reid
Mayor Pro -Tem Helen Beckman
Council Member Kevin Cole
Council Member Steve Saboe
Council Member Felicia Kyle
Council Member Woody Owens
P & Z Chairperson Henry Fuertes
P & Z Vice -Chairperson Jerry Koza, Jr.
P & Z Commissioner Neil West
P & Z Commissioner Darrell Diggs
P & Z Commissioner Charles Gooden, Jr.
P & Z Commissioner Ron Capehart
Also in attendance: City Manager Bill Eisen; Deputy City Attorney Nghiem Doan; Assistant
City Manager Nick Finan; Assistant City Manager Mike Hodge; City Engineer Narciso Lira;
Planning Director Lata Krishnarao; Planning Technician Ian Clowes; and Planning
Administrative Secretary Judy Krajca.
Planning Director Lata Krishnarao explained the Joint Public Hearing process for the
attending public, and explained that the Planning & Zoning Commission Meeting would
follow the Joint Public Hearing.
The public hearing for Zone Change No. 2008-15Z was opened at 7:35 p.m.
Zone Change No. 2008-15Z
A request of Jung H Kwak, applicant for Montalbano Lumber Co. Inc, owner, for approval
of a change in zoning district from classification Light Industrial (M-1) to General
Commercial District (GC).
26.58 acres of land, being parts of and the North half of Lot 44 and all of Lot 49 of
Zychlinski's Subdivision in the HT&B RR Co. Survey, Section 3, Abstract 232, and R.B Lyle
Survey, Abstract 542, in the Brazoria County, Texas generally located on the West Side of
SH 35 (North Main Street), and on the South Side of McHard Road.
Chairperson Henry Fuertes read the purpose of the hearing.
Planning Director Lata Krishnarao read the staff report recommending denial for the
reasons stated in the staff report. Staff did recommend that the applicant look into a
Conditional Use Permit (CUP) and the uses allowed. Staff received no public comment
forms.
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Mary Starr, 2706 Shadycreek, Pearland Texas spoke on behalf of the applicant with
regards to the front portion seeking a change to GC and not the entire 26 -acres. Ms. Starr
also spoke of the lack of industrial growth in the specific area and how the property has
been on the market for 10 -years. Ms. Starr also spoke of the sales tax that could be
generated with a GC zoning.
There was no one present to speak for or against the Zone Change.
Council Member Kevin Cole stated the application implies the entire tract is being rezoned,
and the application might need to be reworded Mr. Cole also commented on the access
to the back of the property being a concern, and the retail node at the intersection would be
acceptable.
Planning Director Lata Krishnarao stated that a PD blending both the GC and M-1 is more
acceptable, or even a CUP would be good.
P&Z Commissioner Neil West spoke of the mixed-use district.
Planning Director Lata Krishnarao stated that the percentage and location of manufacturing
land in the City was something that the City needed to decide. Ms. Krishnarao stated that
some businesses are expanding, and there is great access on Highway 35 from Beltway 8.
Ms. Krishnarao agreed that some areas would be adequate for a retail node.
P&Z Commissioner Neil West inquired what the PD to the south was, and Planning
Director Krishnarao stated that it is an Industrial Park.
P&Z Commissioner Darrell Diggs asked what the typical type of traffic would be, and how
they would access the site. City Engineer Narciso Lira spoke of some of the safety issues
regarding traffic.
The public hearing for Zone Change No. 2008-15Z was adjourned at 7:59 p.m.
The public hearing for Conditional Use Permit No. CUP 2008-22 was opened at 7:59 p.m.
CONDITIONAL USE PERMIT NO. CUP 2008-22
A request of Thomas D. Rasberry, applicant and owner, for approval of a Conditional Use
Permit (CUP) to allow outdoor storage in the Old Townsite General Business District (OT -
GB).
Lot twelve (12), Block twenty (20) of Pearland Townsite, according to the map or plat
recorded in vol. 29, pg 41, of the deed records of Brazoria County, Texas, and a part of
tract 3 of section 2, of the H. T. & B. Railroad Company survey, abstract 542, City of
Pearland, Brazoria County, Texas, containing 16,462.7 sq. ft. or 0.3779 acre of land
located at 2418 South Main Street.
Chairperson Henry Fuertes read the purpose of the hearing.
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Planning Director Lata Krishnarao read the staff report -recommending approval. Staff
received one public comment form in favor of the CUP.
Mr. Tom Rasberry of 2418 S. Main St., Pearland, Texas spoke briefly.
Mr. Larry Marcott of 3606 Inverness Court, Pearland, Texas spoke in favor of the CUP
stating that the business is very secluded and with screening, he felt it would help to
conceal the building. Mr. Marcott stated he also felt it was important to get rid of the crazy
ants.
Council Member Kevin Cole stated he supports the request and commented how Mr.
Rasberry had cleaned up the area up, and was a good neighbor. Mr. Cole added that this
was a good case -in -point where a flag lot is okay.
Mayor Tom Reid asked Mr. Rasberry if the ants: Crazy Ants, aka ... Rasberry Ants had
been named after him. Mr. Rasberry replied that had been because he discovered them.
Council Member Steve Saboe asked that the hurdles not be made too high for the
applicant, as the property was attractive.
P&Z Chairperson Henry Fuertes noted that in the comments, the applicant would need a
Special Exception and a Variance. Planning Director Lata Krishnarao stated this was a
good case for a hardship, due to the size of the lot.
Council Member Kevin Cole stated the Unified Development Code with regards to the Old
Townsite, should probably read 25 feet for flag lots.
Council Member Steve Saboe inquired if the UDC required Oleanders, and Planning
Director Krishnarao replied that it did not, and that the applicant had proposed Oleanders.
Council Member Saboe stated that the staff report should be reworded to read, "Staff
recommends a screening brush" and not specify Oleanders due to their poisonous nature
towards animals.
P&Z Commissioner Darrell Diggs inquired about the odor, and Mr. Rasberry responded
that bad odor would be contained within the enclosed building area, and not outside.
The public hearing for Conditional Use Permit No. CUP 2008-22 was adjourned at 8:17
p.m.
The public hearing for Conditional Use Permit No. CUP 2008-23 was opened at 8:17 p.m.
CONDITIONAL USE PERMIT NO. CUP 2008-23
A request of T -Mobile, applicant and Pearland Home Assn. owner, for approval of a
Conditional Use Permit to allow Cellular Communications Tower/PCS in the General
Business Retail Distinct (GB).
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Being that certain tract or parcel of land containing 10.005 acres, more or less, being all of
Minor Plat of Knights of Columbus Council No. 8960, a subdivision in Brazoria County,
Texas according to the official map or plat thereof recorded under Clerk's file 2008018242
of the Deed Records of Brazoria County, Texas located at 2320 Hatfield Road.
Chairperson Henry Fuertes read the purpose of the hearing.
Planning Director Lata Krishnarao read the staff report recommending denial, unless
conditions can be met. Staff received no public comment forms.
Mr. Anthony Perez, T -Mobile, 2 Greenway Plaza, Ste. 1100, Houston, Texas went over the
highlights of the items included in their packet.
Mr. Gerald Colca of 2405 Emma Dr. Pearland, Texas spoke as an area homeowner, and
as President of the Homeowners Association for Sawyers Pond. Mr. Colca suggested that
the tower be moved to the south in order to be out of sight for the residences. Mr. Colca
also spoke of the drainage problem the subdivision was experiencing as a result of the
newly built-up area being used for a soccer field, and asked why the Knights of Columbus
has not planted shrubs/vegetation along their fence line as a barrier. Mr. Colca also
brought up the fact that Brazoria County flies airplanes over the area at a low level in order
to spray for mosquitoes and expressed a concern with regards to the height of the tower.
Mr. Colca recommended that stealth technology be used for this tower pole.
Mr. Floyd Tifelsky of 3203 Patricia Lane, Pearland, Texas spoke as President of the
Pearland Home Association and the Knights of Columbus stating that the drainage issue
has always been a problem causing flooding in the area. Mr. Tifelsky added that the
vegetation along the fence line is still in the process of being added, and that they are
trying to be good neighbors.
Council Member Steve Saboe commented that he appreciated T -Mobiles preparation. Mr.
Saboe commented that the market, and we, as customers, want these towers around.
However, Mr. Saboe stated he was not sure he agreed with staff's recommendation of
denial.
Planning Director Krishnarao explained staffs reason for denial as proposed, and added
that her comments were listed as conditions, in the event a CUP was approved.
Council Member Kevin Cole inquired if hardware could be added, to increase coverage, to
the tower as proposed.
Mr. Anthony Perez stated more could be added if antenna's are on the outside, than on the
inside.
Council Member Cole added that he likes the idea of a light concept in the way of stealth
technology, and asked the P&Z Commissioner to consider this.
There was some discussion with regards to the height and visibility.
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Council Member Steve Saboe asked that the P&Z Chairperson allow Mr. Colca to speak at
the P&Z meeting.
Council Member Woody Owens asked if the City normally ask for a paved road to access
the facility. City Engineer Narciso Lira stated there would be concerns with traffic and load
to the facility, and that this can be discussed when putting in the road.
The public hearing for Conditional Use Permit No. CUP 2008-23 was adjourned at 9:05
p.m.
The public hearing for the Amendment to the Unified Development Code (UDC) was
opened at 9:05 p.m.
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 Posting Requirements and Flag Poles (sections
1.2.2.4, 4.1.2.6 and 4.2.5.5).
Chairperson Henry Fuertes read the purpose of the hearing.
Assistant City Manager Nick Finan read the staff report and applicant presentation stating
that based on a previous workshop and at the request of the Chamber of Commerce, staff
was seeking an amendment to the UDC.
Mr. Larry Marcott of 3606 Inverness Court, Pearland, Texas spoke in support of the
amendment.
P&Z Commissioner Charles Gooden, Jr. recused himself from the Commission, and asked
City Council for permission to speak. Council Member Steve Saboe stated he was in favor
of this.
Mr. Charles Gooden, Jr. of 6505 Sage Court, Pearland, Texas, also a member of the
Chamber of Commerce spoke briefly stating he appreciates the City's support.
There was discussion among the Council/Commission/Staff with regards to anyone other
than the City of Pearland flying a City of Pearland flag, flags not being bigger or larger than
other flags that are being flown, and Corporate flag only allowed if Texas and US flag were
being flown.
Deputy City Attorney Nghiem Doan stated the size restrictions with regards to the flags,
needs to have the language duplicated in the UDC. Council Member Helen Beckman
agreed.
Council Member Kevin Cole commented with regards to the Posting Notice on Property.
Mr. Cole stated that it would be good if the City would have available signs for a variance or
zone change, and possibly have the applicant pay a deposit for using the sign.
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The public hearing for the Amendments to the Unified Development Code (UDC) was
adjourned at 9:20 p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of hearings at 9:20 p.m.
These minutes are respectfully submitted by:19 ac
Judy Kr 'ca
Planning Administrative SLretary
Minutes approved as submitted and/or corrected on this 13t -day of Octo r 2008, A.D.
t�.-o�
Mayor Tom Reid
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