2009-08-17 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS,
HELD ON AUGUST 17, 2009 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY
HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
Mayor Tom Reid and P&Z Chairperson Jerry Koza, Jr. called the public hearing to
order at 6:39 p.m. with the following present:
Mayor Tom Reid
Council Member Steve Saboe
Council Member Kevin Cole
Council Member Woody Owens
Council Member Scott Sherman
P&Z Chairperson Jerry Koza, Jr.
P&Z Vice Chairperson Charles Gooden, Jr.
P&Z Commissioner Neil West
P&Z Commissioner Susan Sherrouse
P&Z Commissioner Darrell Diggs
P&Z Commissioner Henry Fuertes
P&Z Commissioner Ron Capehart
Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge,
Assistant City Manager Jon Branson, City Engineer Narciso Lira, Planning Director Lata
Krishnarao, Senior Planner Angela Gantuah, and Planning Administrative Secretary
Judy Krajca
Absent was Mayor Pro -Tem Felicia Kyle.
Senior Planner Angela Gantuah explained the Joint Public Hearing process for the
attending public, and explained that the Planning & Zoning Commission meeting will
immediately follow the Joint Public Hearing.
Mayor Tom Reid called to order the Public Hearing for Zone Change No. 2009-09Z at
6:41 p.m.
ZONE CHANGE NO. 2009-09Z
A request by Jung Kwak, applicant and owner, for approval of a change in zoning
district from the classification of Cullen -Mixed Use (C -MU) to General Business (GB)
zoning district, on the following described property, to wit;
Legal Description: Approximately 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.
General Location: Located 2620 Cullen Parkway, Pearland, TX
P&Z Chairperson Jerry Koza, Jr. read the purpose into the record.
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Senior Planner Angela Gantuah presented the staff report, recommending approval,
and noted that staff did not receive any Public Comment Forms.
Mr. Jung Kwak of 2641Sunfish Drive, Pearland, TX 77584 spoke briefly.
Mr. Dave Miller of 3603 W. Pine Orchard, Pearland, TX 77581 spoke in favor, and how
this zone change would make it easier in a retail situation to have zoning under General
Business.
Council Member Kevin Cole stated he felt this was a good application and that GB is a
good fit. Council Member Steve Saboe concurred with Council Member Cole.
Senior Planner Angela Gantuah explained that the Planning and Zoning Commission
was holding workshops and discussing the Future Land Use Plan for this area.
Mayor Tom Reid adjourned the Public Hearing for Zone Change No. 2009-09Z at 6:54
p.m.
Mayor Tom Reid called to order the Public Hearing for Conditional Use Permit No.
CUP2009-10 at 6:54 p.m.
CONDITIONAL USE PERMIT NO. CUP2009-10
A request by Cecil Whitton, applicant for Life Pointe Fellowship, owner, for approval of a
conditional use permit in the Single Family Residential -1 (R-1) zoning district, on the
following described property, to wit:
Legal Description: 4.793 acre tract of land in the W.D.C. Hall League Survey, Abstract
No. 70 in Brazoria County, Texas. Said 4.793 acre tract is part of a 5.103 acre tract
conveyed to Bethany Assembly of God Church as recorded in Volume 1158, Page 625
of the Deed Records of Brazoria County, said tract being out of Tract 1 of the Partition
of 120.44 acres as shown on the Partition Map recorded in Volume 6, Page 142 in the
Map Records of Brazoria County.
General Location: Located at 3011 Yost Boulevard, Pearland, TX
P&Z Chairperson Jerry Koza, Jr. read the purpose into the record.
Senior Planner Angela Gantuah presented the staff report with a recommendation of
approval of the CUP. Staff received one public comment forms stating opposition, and
staff received numeral phone calls of inquiry.
Mr. Cecil Whitton, 3011 Yost Blvd., Pearland, TX, applicant and owner spoke.
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Mr. Larry Cormier, 2110 Rocky Creek Lane, stated he lives behind the church, and
spoke in favor of the CUP.
Council Member Steve Saboe stated for the record that the one public comment form
that came in was actually in favor and not against. The form stated they were opposed
to any commercial use.
Council Member Kevin Cole inquired about the parking expansion and if it could be
made as part of the CUP. Planning Director Lata Krishnarao stated the applicant would
have to go through the ZBA for a variance. Council Member Cole stated he was in
favor of the CUP.
Mayor Tom Reid adjourned the Public Hearing for Conditional Use Permit No.
CUP2009-10 at 7:09 p.m.
Mayor Tom Reid called to order the Public Hearing for Conditional Use Permit No.
CUP2009-11 at 7:10 p.m.
CONDITIONAL USE PERMIT NO. CUP2009-11
A request by Scott Morrison, applicant for EJC Family Partnership, Ltd., owner, for
approval of a conditional use permit in the Light Industrial (M-1) zoning district, on the
following described property, to wit:
Legal Description: Approximately 16.176 acre tract of land, out of Lots 83 and 84 of
the Subdivision of Section 2 and 3, H.T. & B.R.R. Co. Survey, Abstract No's. 542 and
232. Situated in Brazoria County, Texas and approximately 26.162 acres of land
located within Lot No's 83 and 84 of the Subdivision and Section No's. 2 and 3, H.T. &
B.R.R. Co. Survey, Abstract No's. 542 and 232.
General Location: Located at 1014 N. Main Street, Pearland, TX
P&Z Chairperson Jerry Koza, Jr. read the purpose into the record.
Senior Planner Angela Gantuah presented the staff report stating that staff had received
numerous public comment forms today, primarily from the vendors. Copies were
distributed to the Council and Commission. Staff stated that City Council and the
Planning & Zoning Commission should consider the CUP, with the following concerns:
1. Parking is not sufficient
2. Parking in circulation aisles in the open air area
3. Appears the subject property does not conform to setbacks
Mr. Scott Morrison, attorney and agent for the applicant spoke and stated he has been
working with the city for approximately six months. Mr. Morrison showed a PowerPoint
presentation and spoke about the history of Cole's Flea Market, and stated there was
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some inaccuracy in the staff report but commended the staff member that wrote the
report.
Mr. Morrison recommended the CUP be approved or tabled until an agreeable ground
can be reached, and then thanked the Council and Commission for their time.
Senior Planner Angela Gantuah commented on some of the discrepancies portrayed by
Mr. Morrison: No water & sewer utilities are at subject property, and port -a -potties are
on site. Mr. Morrison stated there were utilities, but the letter of intent said they were
going to install them as a remedy to the code enforcement issues. Mr. Morrison's
photo's were of the indoor pavilion and did not represent the market area.
The following spoke in favor of the Conditional Use Permit:
Mr. Bob Lewis 2236 Galveston Rd., Pearland, TX 77581 Mr. Lewis requested that the
public comment form from Mr. Gillman be stricken from the record as he is not an owner
of the abutting property, but a renter.
Mr. Marion Chambliss 6110 Pine Ave., Pasadena, TX
Ms. Ana Abrahams 7827 Lake Mist Court, Humble, TX 77346
Mr. Martin Abrahams 7827 Lake Mist Court, Humble, TX 77346
Mr. Seon Hee Kim 6831 Broadway, Pearland, TX 77581
Mr. Arthuro Torres 4102 Ave U, Galveston, TX 77550
Mr. Felix Fraga 5501 Brady, Houston, TX 77011 commended the City for having Cole's
Flea Market, and requiring a safe environment.
Mr. Syed Shah 5900 Ranchester #208, Houston, TX 77036
Mr. Dave Miller 3603 W Pine Orchard, Pearland, TX 77581 asks that the Council and
Commission consider the heritage of Cole's Flea Market and encourage the City to work
this out.
Mr. Rick Raper 1302 Ave F, Danbury, TX 77524
Ms. Estella Fuentes Ortiza 410 Sancroft Court, Katy, TX 77450
Mr. Howard E Sanner 1014 N Main, Pearland, TX 77581
Mr. Frank Alexander Heredla 4705 Lucille St., Houston, TX 77026
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Ms. Kay Gibbons, PO Box 262068, Houston, TX 77207
Mr. Ramon Castillo 7738 Bueno Vista, 77087
Mr. Blanco M. Ramirez 1523 Schilder Dr., Houston, TX 77093
Ms. Jan Jenkins 2137 Roy Rd., Pearland, TX 77581
Mr. Joseph Montemayor 2002 Kerwick Dr., Pearland, TX 77581
Council Member Woody Owens stated he did not have a problem with the Cole's or the
flea market, but his concern is safety, and the egress and ingress issue. Mr. Owen's
added that the code violations are a liability issue.
Mayor Tom Reid stated he has had a chance to speak with Bob Lewis, and since he
has been working with Cole's Flea Market, he has seen improvements made. Mayor
Reid added that the city has a responsibility to oversee the business and make it safe.
Council Member Steve Saboe asked the P&Z to consider that those speaking tonight
want to comply and they need to consider the spirit of the tenants. Mr. Saboe questions
if the CUP is the remedy for the violations.
Council Member Kevin Cole echoed Council Member Saboe's comments. Mr. Cole
asked Fire Marshal Roland Garcia to answer the question -since 2003, how many
businesses have they asked to comply? Fire Marshal Garcia stated all. Some might
have been missed, but on an average, they inspect an average of 100 per month.
Council Member Scott Sherman stated he was concerned with the number of violations
and echoes that the CUP might not be the right way to go about this.
City Attorney Darrin Coker stated that this was not the time or place for code violations,
and asked the Commission to keep this in mind. The concern tonight is the structures
and the businesses that are not in compliance and the ones that were never permitted.
P&Z Chairperson Jerry Koza, Jr. commented on the handouts tonight from staff and
stated that only three of the applicants lived in Pearland, and that many of them were
duplicated.
Discussion continued with topics including the M-1 zoning, grandfathered non-
conforming use, code enforcement issues, and the parking and parking calculations.
Senior Planner Angela Gantuah thanked everyone for their input.
Mayor Tom Reid adjourned the Public Hearing for Conditional Use Permit No.
CUP2009-11 at 9:02 p.m.
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Mayor Tom Reid commented that the 4th CUP would not be heard tonight, due to failure
to post the notification sign.
ADJOURNMENT
Mayor Tom Reid adjourned the Joint Public Hearings at 9:03 p.m.
These minutes are respectfully submitted by:
Judy Kra' a 61
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 14th day of September 2009
A. D.
Mayor Tom Reid
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