2009-11-16 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 NOVEMBER 16, 2009 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY
HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
Mayor Tom Reid and Acting P&Z Chairperson Henry Fuertes called the public hearing
to order at 6:38 p.m. with the following present:
Mayor Tom Reid Acting P&Z Chairperson Henry Fuertes
Council Member Kevin Cole P&Z Commissioner Neil West
Council Member Steve Saboe P&Z Commissioner Susan Sherrouse
Council Member Scott Sherman P&Z Commissioner Darrell Diggs
Council Member Woody Owens 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, Planning Technician Ian Clowes,
and Planning Office Coordinator Judy Krajca
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. 2009-13Z at
6:44 p.m.
ZONE CHANGE NO. 2009-13Z
A request by CBL and Associates, Inc., 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 Planned Development District (PD) to Planned Development
District (PD), an amendment to the existing PD for Pearland Town Center, on the
following described property, to wit:
Legal Description: 142.9664 acres of land out of Pearland Town Center, a subdivision
of 143.6500 acres as recorded under File Number 2007008914 of the Plat Records of
Brazoria County, Texas, and situated in the H.T. & B.R.R. Company Survey, Abstract
300, Section 81, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the South Side of Broadway Street, on the
East Side of Kirby Drive, and on the West Side of Business Center Drive.
Acting P&Z Chairperson Henry Fuertes read the purpose into the record.
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Senior Planner Angela Gantuah presented the staff report and PowerPoint
presentation. Staff only received one public comment form in opposition, and
approximately 30 phone calls in favor.
Mr. Ken Wittier representing CBL and Associates, 2030 Hamilton Place Blvd., Suite
500, Chattanooga, TN 37421 spoke.
There was no one present to speak for or against the Zone Change.
Council Member Woody Owens asked CBL to be tasteful in the signs they put up, and
asked him to keep it to local businesses.
Council Member Steve Saboe shared Mr. Owens concerns, and added that he
appreciates CBL and staff's work and effort that has been put into this Planned
Development.
P&Z Commissioner Neil West added that he just does not want to see too many signs.
Mayor Tom Reid adjourned the Public Hearing for Zone Change No. 2009-13Z at 6:56
p.m.
Mayor Tom Reid opened the Public Hearing for Zone Change No. 2009-14Z,
Conditional Use Permit No. CUP 2009-14, and Conditional Use Permit No. CUP 2009-
15 at 6:56 p.m.
CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2009-14Z
A request of Blaire Korndorffer, applicant for Felton M and Mary C Baker, owners, for a
change in zoning from the Office Professional (OP) Zoning District to the General
Commercial (GC) Zoning district, on the following described property, to wit:
Legal Description: Approximately 3.7561 acres of land being Lots O, R, U, and N.
Replat of Pearland Pavilion Subdivision recorded in volume 17, Pages 395-398,
Brazoria county Map Records, Brazoria County, Texas and being out of the H.T. &
B.R.R. Company Survey, Section 2, Abstract 239, and A.C.H. & B. Survey, Section 1,
Abstract 147 in Brazoria County, Texas.
General Location: Generally located at the southwest corner of Hampshire Road and
Old Alvin Road, Pearland, Texas
Senior Planner Angela Gantuah presented the staff report with several packets being
distributed, all in opposition.
The applicant was not present to speak for or against Zone Change or Conditional Use
Permits.
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Mr. Matt Cabler of 3411 Westminister, Pearland, Texas spoke stating he lived on the
corner, across from the proposed area. Mr. Cabler stated he was opposed to
commercial lease space, opposed to mini warehouses, and does not want to see the
wooded area destroyed. He feels there is a better use for this property.
Mrs. Helen Beckman, 2705 Churchill, Pearland, Texas spoke in opposition.
Council Member Kevin Cole spoke stating he agreed with staff completely. This plan is
not in keeping with the original Old Town site plan, and the uses proposed are not
agreeable with the Comprehensive Plan.
Council Members Woody Owens, Steve Saboe, and Council Member Scott Sherman
stated they agreed with Council Member Cole and were not supportive of this Zone
Change and Conditional Use Permits.
Council Member Sherman stated he was surprised the applicant did not show up for
the hearing.
P&Z Commissioner Henry Fuertes expressed concern with detention.
Mayor Tom Reid adjourned the Public Hearing for Zone Change No. 2009-14Z,
Conditional Use Permit No. CUP2009-14, and Conditional Use Permit No. CUP 2009-
15 at 7:23 p.m.
CONDITIONAL USE PERMIT NO. CUP 2009-14
A request of Blaire Korndorffer, applicant for Felton M and Mary C Baker, owners, for a
conditional use permit to allow office/warehouse with sales to the public in the General
Commercial (GC) Zoning District, on the following described property, to wit:
Legal Description : Approximately 6.0415 acres of land being Lots K, N, O, R and
U. Replat of Pearland Pavilion Subdivision recorded in volume 17, Pages 395-398,
Brazoria county Map Records, Brazoria County, Texas and being out of the H.T. &
B.R.R. Company Survey, Section 2, Abstract 239, and A.C.H. & B. Survey, Section 1,
Abstract 147 in Brazoria County, Texas.
General Location: Generally located at the north side of Mary's Creek between SH
35 and Old Alvin, Pearland, Texas
CONDITIONAL USE PERMIT NO. CUP 2009-15
A request of Blaire Korndorffer, applicant for Felton M and Mary C Baker, owners, for
a conditional use permit to allow conditioned storage in the General Commercial (GC)
Zoning District, on the following described property, to wit:
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Legal Description : Approximately 20.1374 acres of land being Lot V. Replat of
Pearland Pavilion Subdivision recorded in volume 17, Pages 395-398, Brazoria County
Map Records, Brazoria County, Texas and being out of the H.T. & B.R.R. Company
Survey, Section 2, Abstract 239, and A.C.H. & B. Survey, Section 1, Abstract 147
in Brazoria County, Texas.
General Location: Generally located at the south side of Hampshire Road, Pearland,
Texas
Mayor Tom Reid opened the Public Hearing for Zone Change No. 2009-15Z at 7:23
p.m.
ZONE CHANGE NO. 2009-15Z
A request of Ron Jackson with Curry Architecture, applicant for Ross MacCammon,
owner, for a change in zoning from the Single Family Residential -1 (R-1) Zoning
District to the Planned Development Multi -Family (PD -MF) Zoning District, on the
following described property, to wit:
Legal Description : Being a tract of land approximately 9.5171 acres in the W.D.C.
Hall League, Abstract No. 70, Brazoria County, Texas and being the residue of that
tract sold by None Gay Carr to Ross A. McClendon, as described in deed recorded
under Brazoria county Clerk's file No. 95-022654.
General Location: Located at 2810 Dixie Farm Road, Pearland, Texas
Acting P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Senior Planner Angela Gantuah presented the staff report.
Mr. Ron Jackson of Curry Architect spoke on behalf of the applicant, and showed a
PowerPoint presentation.
Mr. Gregg Nelson of 1617 Pine Crest Drive, Pearland, Texas spoke with regards to the
property remaining zoned for residential use, traffic issues, and stated he was opposed
to this zone change.
Ms. Ann Markwart of 1921 Willow Lake Drive, Pearland, Texas spoke in opposition and
expressed concern with the parking issues.
Mr. Michael Fuller of Curry Architect spoke on behalf of the site plan.
Mayor Tom Reid brought up several issues of concern, specifically the parking issue,
the drive in/drive out, and the concern with ambulances coming in and out. Mayor Reid
did compliment the fact that they did have a horseshoe pitching area.
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Council Member Kevin Cole expressed concern that there were too many issues
brought up today, and also discussed buffering and the need for a TIA. Mr. Cole did
state that he likes the concept, just has concerns.
Council Member Scott Sherman stated he agreed with Council Member Kevin Cole
and that there was an oversaturation of the market with this use. Mr. Sherman also
agreed with Mayor Reid that the Fire and EMS might have trouble getting in and out.
Council Member Sherman did ask how many elevators would be on site. Mr. Michael
Fuller replied, one.
Council Member Kevin Cole inquired about the drive at Sycamore.
P&Z Commissioner Neil West inquired if there were any provisions for a generator,
with the state requiring it.
P&Z Commissioner Darrell Diggs expressed concern with the tract near this facility,
and what road would be used to get in and out.
Mayor Tom Reid adjourned the Public Hearing for Zone Change No. 2009-15Z at 8:19
p.m.
Mayor Tom Reid opened the Public Hearing for Conditional Use Permit No. CUP 2009-
17 at 8:19 p.m.
CONDITIONAL USE PERMIT NO. CUP 2009-17
A request of the Mendieta Family Foods Inc., applicant for West Side Associates LTD,
for a conditional use permit to allow a restaurant in the Neighborhood Services (NS)
Zoning District, on the following described property, to wit:
Legal Description: Tract 1 with 2.0 acres and Tract 2 with 3.8897 acres out of
Reserve "A" in the Replat of Corrigan Addition Section 1 (Volume 2, pgs 97-98
B.C.P.R) West Side Plaza Subdivision, City of Pearland, Brazoria County, Texas and
that certain 3.8897 acres, more or less, out of Reserve "A", Replat of Corrigan Addition,
Section One, recorded in volume 11, Page 97-98 of the Brazoria County Plat Records,
Pearland, Texas.
General Location: Located at 5010 W. Broadway Street, Pearland TX
Acting P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Planning Technician Ian Clowes presented the staff report.
Mr. Jose Mendieta of 2714 Heatherbend Drive, Pearland, Texas spoke as the
applicant.
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There was no one present to speak for or against the proposed Conditional Use
Permit.
Mayor Tom Reid and Council Member Woody Owens spoke positively of Mely's
Restaurant coming back.
Mr. Saboe stated that the noise level needed to be monitored, since this was an issue
with the previous tenant.
Mayor Tom Reid adjourned the Public Hearing for Conditional Use Permit No. CUP
2009-17 at 8:31 p.m.
Mayor Tom Reid opened the Public Hearing for Conditional Use Permit No. CUP 2009-
18 at 8:31 p.m.
CONDITIONAL USE PERMIT NO. CUP 2009-18
A Request of the Triad Retail Construction, Inc., applicant for Frank B. Holden &
Dorothy W. Holden, owners, for a conditional use permit to allow a professional office
in the Garden O'Day- Mixed Use (GO -MU) Zoning District, on the following described
property, to wit:
Legal Description: Approximately .6 acres of Lot 9, Block 7, of the Hickory Creek
Subdivision, Volume 1, Page 162 of the B.C.M.R. in the Brazoria County Plat Records,
Brazoria County Texas
General Location: Located at 2206 O'Day Road, Pearland TX
Acting P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Planning Technician Ian Clowes present the staff report.
Mr. Jay Dorsey with Triad Retail Construction, Inc, 3218 Sagewood Court, Pearland,
Texas spoke.
There was no one present to speak for or against the Conditional Use Permit.
Council Member Kevin Cole inquired why a CUP was required in a mixed use district.
Planning Director Lata Krishnarao stated that staff is currently looking at seeking a
change in the UDC, to allow with a permit.
Council Member Woody Owens spoke in favor of the CUP.
Mayor Tom Reid adjourned the Public Hearing for Conditional Use Permit No. CUP
2009-18 at 8:42 p.m.
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ADJOURNMENT
Mayor Tom Reid adjourned the series of Public Hearings at 8:42 p.m.
These minutes are respectfully submitted by:
r -�C �IW4" C41
Judy K Hca, PI ning is Coordinator
Minutes approved as submitted and/or corrected on thi 14th day of December, 2009,
A.D.
May 'or Tom Reid
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