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2009-05-18 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 MAY 18, 2009, AT 6:30 P.M., IN COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER The series of public hearings was called to order at 6:35 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 Woody Owens Council Member Felicia Kyle Council Member Kevin Cole P & Z Chairperson Henry Fuertes P & Z Vice -Chairperson Jerry Koza, Jr. P & Z Commissioner Neil West P & Z Commissioner Charles Gooden, Jr. P & Z Commissioner Ron Capehart P & Z Commissioner Susan Sherrouse Also in attendance: City Manager Bill Eisen, Assistant City Manager Mike Hodge, Assistant City Manager Jon Branson, City Attorney Darrin Coker, Planning Director Lata Krishnarao, Senior Planner Angela Gantuah, and Planning Administrative Secretary Judy Krajca. Council Member Steve Saboe was not present. Senior Planner Angela Gantuah explained the Joint Public Hearing process for the public, and explained that the Planning & Zoning Commission Meeting would follow the Joint Public Hearing. Mayor Tom Reid opened the public hearing for Zone Change No. 2009-04Z at 6:37p.m. CONSIDERATION & POSSIBLE ACTION - Zone Change No. 2009-04Z A request by Brazoria County Drainage District No. 4, applicant and owner, for approval of a change in zoning district from classification of Single Family Residential -2 (R-2) to General Business (GB), on the following described property, to wit: Legal Description: A parcel of land containing 0.5716 acres (24,900 square feet), more or less, being a portion of Lot 1 and all of Lot 2, Block 15, Mimosa Acres, conveyed from Kenneth W. Quinn and wife, Barbara Quinn, to Brazoria Drainage District No. 4 as recorded in File No. 2007050415 official records, Brazoria County, Texas (O.R.B.C.T.) and also recorded in Volume 7, Pages 15-16, Brazoria County Plat Records (B.C.P.R.) and a portion of Pear Street (60' R.O.W.), as recorded in volume 7, Pages 15-16, (B.C.P.R.), said 0.4683 acre tract situated in the R.B. Lyle Survey, Abstract No. 543 in Brazoria County, Texas. General Location: Located at 2501 Francis Drive and 4807 Broadway St. P&Z Chairperson Henry Fuertes read the purpose of the hearing. Page 1 of 3 JPH Minutes 051809 Senior Planner Angela Gantuah presented the staff report. Staff received several calls of concern, but did not receive any public comment forms. Mr. Jeff Brennan, BDD#4 Commissioner, 4805 W. Broadway, Pearland, Texas spoke briefly. Mrs. Ruby Sandars, 2402 Francis Drive, Pearland, Texas spoke of concern over the house the BDD#4 purchased and how it compromises the entire subdivision, drainage issue since several homes have flooded in the past, and concern with a six feet masonry fence between the residence and the business. Ms. Claire Carter of 2502 Francis, Pearland, Texas spoke of concern with flooding, how the Town Ditch will impact Mimosa Acres, and submitted a list with several questions. Council Member Kevin Cole asked how the Town Ditch would impact Mimosa Acres. Assistant City Manager Mike Hodge stated the city is working on several areas nearby. Senior Planner Angela Gantuah commented that storm water issues will be addressed at the time of platting. Council Member Felicia Kyle read over Ms. Carters questions, summarizing concerns with detention pond, fencing, plants -shrubs -trees, impact on value of homes, and if BDD#4's intention to purchase additional homes. Council Member Kevin Cole stated the UDC will address issues on screening and fencing. Mr. Jeff Brennan commented that the building would be oriented to FM 518/Broadway. Mayor Tom Reid commented that the biggest concern appears to be drainage and flooding. The question was asked as to the overall master plan. Senior Planner Angela Gantuah replied that the use is permitted in either zone, but the advantage of rezoning to GB keeps them from placing a buffer between their own two properties. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2009-04Z at 7:01 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of hearings at 7:01 p.m. The mi tes are respectfully submitted by: / y. 1-Y Judy Itajca V Planning Administrative ecretary Page 2 of 3 JPH Minutes 051809 Minutes approved as submitted and/or corrected on Page 3 of 3 JPH Minutes 051809 this 22"d dayTZ e 2009, A.D. `Mayor Tom Reid