2009-06-15 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 JUNE 15, 2009, AT 6:30 P.M., IN THE 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 P & Z Chairperson Henry Fuertes
Mayor Pro -Tem Helen Beckman P & Z Vice -Chairperson Jerry Koza, Jr.
Council Member Woody Owens P & Z Commissioner Neil West
Council Member Kevin Cole 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, City Engineer Narciso Lira, and Planning
Administrative Secretary Judy Krajca.
Council Members Steve Saboe and Felicia Kyle were 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. 2009-06Z at 6:38p.m.
ZONE CHANGE NO. 2009-06Z
A request of Renee L. McGuire, applicant, for Green -Hollow Ltd., owner, for amendments
to the Bellavita Planned Development, on the following described property, to wit:
Legal Description: 211.9140 acres located in the W.D.C. Hall Survey, A-23 Harris Co., TX
(Bellavita at Green Tee)
General Location: Generally located north of Broadway Street and west of Dixie Farm
Road.
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Senior Planner Angela Gantuah presented the staff report stating staff received numerous
calls inquiring about the zone change, but no comments received. Staff recommends
approval.
The applicant was not present to speak.
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There was no one present to speak for or against the zone change.
Mayor Pro -Tem Helen Beckman commented that it sounds as if we are putting this into
conformance.
P&Z Commissioner Neil West asked if this would affect the rear or side yard, or both.
Senior Planner Angela Gantuah replied it would affect the rear yard setback only.
There was minimal discussion among the Council/Commission/Staff.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2009-06Z at 6:45 p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2009-08 at
6:45p.m.
CONDITIONAL USE PERMIT NO. 2009-08
A request by BM Design LLC, applicant for JK Joseph Inc, owner, for approval of a
conditional use permit to allow a gas station and retail suites in the Light Industrial (M-1)
Zoning District, on the following described property, to wit:
Legal Description: Approximately 1.73 acre tract described in the Brazoria County Clerk's
file No. 2007014638 and being the residue of 12.843 acre tract described in volume 1155,
page 604 of the Brazoria County Deeds of Record, said 1.727 acre tract of the land also
being situated in and part of lots 21 and 22, of the W. Zychlinski Subdivision, Section 4, E.
B. Lyle Survey Abstract no 543, Brazoria County Texas.
General Location: Located 2070 Mykawa Road, Pearland, TX 77584
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Senior Planner Angela Gantuah presented the staff report stating staff recommended
approval. Staff received several public comment forms expressing concern with traffic,
crime, neighborhood, and walk ability. Copies of these comments were passed out to the
Council and Commission.
The applicant was present, but chose not to speak.
Mr. Ken Phillips of 3322 E. Walnut, Pearland, Texas spoke on behalf of Buck and Kelly
Stevens who reside at a neighboring property stating they were not in favor of the CUP.
Mr. Phillips expressed their concern of:
1. only 150 feet of frontage on Orange Street
2. unable to place a driveway on a corner lot
3. the lot needs to be 35 feet in width and this is only 25 feet,
4. does not comply with the UDC,
5. No detention pond and nothing proposed in the application
Mr. Jean Pierre Baizan of 1904 Mykawa, Pearland, Texas, also a neighbor to the north,
expressed his concern with detention and traffic.
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Mr. Mohammed Abdul Majid of 2626 Spencer Highway, #170, Pasadena, Texas 77504,
the applicant, spoke of the driveway, detention, roads, and the site plan.
City Engineer Narciso Lira commented that with regards to the detention, the applicant has
offered to do it with the storm sewer site on site. Engineering staff is currently reviewing
the site plans, and once these are met, they will meet the Engineering Design Criteria.
Regarding access and the driveway, it will function as a right in/right out. Mr. Lira also
added that staff has received a Traffic Impact Analysis.
Council Member Kevin Cole stated the applicant has proposed retail in an M-1 zone and a
gas station in a GB zone, but did not see the hair salon or insurance office that is
mentioned in the staff report.
Senior Planner Angela Gantuah replied that she had spoken to the applicant and he was
instructed to choose a use. He chose hair salon and insurance agency.
Council Member Cole stated that a CUP gives the Council/Commission opportunity to look
at the market. At present, there are gas stations at Hwy 35 and Orange, and at Woody
and Orange. Mr. Cole asked P&Z to think on this and see if there is a market need for this.
Council Member Owens asked questions of the City Engineer with regards to roads,
drainage and detention, and traffic.
P&Z Chairperson Henry Fuertes stated he feels the traffic numbers would be higher and
expressed concern with the surrounding M-1 zoning. Mr. Fuertes also expressed a
concern with the parking issue and does not feel this is the best location.
P&Z Commissioner Neil West asked Mr. Ken Phillips what business his client would be
happy with at this location. Mr. Phillips replied that it's not the use, but the traffic that
concerns them.
Council Member Woody Owens stated he needs better information than has been given
during this hearing, and still has concern with the traffic.
P&Z Chairperson Henry Fuertes excused himself from the meeting at 7:29 p.m.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2009-08 at
7:29 p.m., and P&Z Vice -Chairperson Jerry Koza, Jr. adjourned on behalf of the Planning
and Zoning Commission.
Mayor Tom Reid opened the public hearing for Amendment to UDC T-11 at 7:31 p.m.
AMENDMENT TO THE UNIFIED DEVELOPMENT CODE T-11
A request by the City of Pearland, for an amendment to the Unified Development Code,
Ordinance No. 2000T regarding reductions in M-1 and M-2 development requirements,
change in parking requirement, accessory structures, and pools, etc.
P& Z Vice -Chairperson Jerry Koza, Jr. read the purpose into the record.
P&Z Chairperson Henry Fuertes returned at 7:32 p.m.
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Planning Director Lata Krishnarao presented the staff report.
There was no one present to speak for or against the amendment.
Mayor Pro -Tem Helen Beckman commented on the definitions of yards and asked for
clarification. Planning Director Krishnarao spoke briefly.
Council Member Woody Owens expressed concern with shared access and property to
other business, and asked if speed bumps could be put in. Assistant City Manager Mike
Hodge replied that speed bumps are desirable to keep people off of main thoroughfares.
Planning Director Krishnarao pointed out the signage section for the Old Town Site.
Mayor Tom Reid adjourned the public hearing for an Amendment to the Unified
Development Code T-11 at 7:50 p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of hearings at 7:50 p.m.
These minutes are respectfully submitted by:
C3
Judy Kraj a
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 13th day of July, 2009, A.D.
7?c�j
Mayor Tom Reid
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