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2010-08-16 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES•ZE.U.4 I ORWO]m fl: 1 4wel Ill wiffO141111111 0 Lai I 0 —, 5 A Mayor Tom Reid and P&Z Chairperson Jerry Koza, Jr. called the public hearing t# order at 913 p.m. with the followinig present: Mayor Tom Reid Mayor Pro Tern Scott Sherman ....... . . . . . l P&Z Chairperson Jerry Koza, Jr. P&Z Vlce-ChaIrperson Ron Capeha P&Z Commissioner Henry Fuertes P&Z Commissioner Neil West §611me- WIN MMIZO �e I j&_TA1iilI A I Ili I L43 I rZIE FLI 11 OL Also in attendance: City Attorney Darrini Coker, Assistant City Manager Mike Hodge, Assistant City Manager Jon Branson, City Manager Bill Eisen, Planner 11 Evan Duvall, Planner I Ian Clowes, and Planning Office Coordinator Judy Kral Planner 11 Evan DuVall explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission meeting will immediately I follow the Joint Public Hearing. Mayor Tom Reidcalled to order the Public Hearing for Zone Change No. 2010-04Z at 9:16 p.m. A request of the City of Pearland for proposed Single -Family Estate District (R -E) zoning for Annexation Area 1, on the following described property, on the following described property, to wito General Location: Generally located north of Bailey Road between Kennedy Road and 1350 West of FM 1 128/Manvel. OAF SEE= Mr. Rodney Winkler 3702 Old Chocolate Bayou, Manvel, Texas spoke stat ' ing he likes the idea of annexation, but not the zoning category. Mr., Winkler stated that after speaki�ng to Mr. DuVall earlier in the day, he has a better understanding of the annexation process. Council Member Steve Saboe expressed concern over the fact that the public hearing was posted for 6:30 p.m., and that it is currently 9:20 p.m. and is just starting the hearing. Mr. Saboe stated he hopes there is a better way of communicating with the public, and that he had concern with the annexation letters and the abutter's letter being sent concurrently. A dlistinction needs to be made so the citizens are not confused. Council Member Steve Saboe also expressed concern with the commercial uses listed for some of the properties and if some also consisted of mixed uses. He gave the example of a church and BBQ stand on the same piece of property. Council Member Ed Thompson stated that in Area 1, there are large tracts being limited with the proposed zone. Mr. Thompson also questioned why Bailey Road woul* *e '• residential. Council Member Scott Sherman, stated he had concerns with the procedures. There are very few people remaining for the joint public hearing, why is that. Mr. Sherman requested to see a copy of the annexation letter, and a copy of the abutter's letter. P&Z Commissioner Neil West inquired about what the homeowner groups feel is best in this area, and what they think they can do with their land. Council Member Woody Owens inquired if these three zone changes pertaining to the annexation should be tabled. Council Member Felicia Kyle feels the public should be notified that City Council is hearing their concerns and to give the homeowners in the annexation areas more time to understand the process. Council Member Steve Saboe stated he would like to see the city annex now, and zone later. P&Z Commissioner Neil West stated the mechanisms are in place and should move forward. V, "-a MIIEE��H Mayor Tom, Reid adjourned the Public Hearing for Zone Change No. 2010-04Z at 10:03 pm., Mayor Tom Reid called to order the Public Hearing for Zone Change No. 2010-05Z at 10:03 p.m. SPH Minutes 08/16/10 Page 2 of 7 A requiest of the City of P,earland for proposed Single -Family Estate District (R -E) 7�oning for Annexation Area 2, on the following described property, on the following described property, to wit: General Location: Generally located south of Bailey Road from FM 112�8/M;anve!l to Veterans Road. � I I M12 I I 1 112 T M F Mrs. Esmeralda Martinez of 4102 Veterans, Pearland, Texas spoke with concern of the land use., Mrs. Martinez stated their property is next to a shopping strip and is on 2.5 acres with 3 commercial buildings. Their business is rental (gymnasium, batting cages), not residential. Properties beside them are mixed uses (church, residence with a business). She would like to see her property zoned commercial as she does not feel anyone would want to live there. Mr. Frank Martinez 4102 Veterans, Pearland, Texas spoke stating he hopes this does not adversely affect them because they spoke at the hearing. Their property is more of a commercial use. Discussion ensued with regards to the retail nodes. P&Z Commissioner Henry Fuertes stated the node is just the Future Land Use Plan (FLIP), not a zoning designation. P&Z Commissioner Susan Sherrouse stated that each of these areas need to be looked at more carefully, and agreed with P&Z Commissioner Henry Fuertes with regards to annexing may need more time with the zoning process. Mayor Pro -Tem Scott Sherman stated that he learned more tonight just by listening to the Martinez family speak for two minutes, and thianked�, them for staying to speak at the joint public hearing., P&Z Vice-Chairpersion Ron CapIehart stated he did not want to see spot zoning. The. P&Z Commission looked at a broad stroke of what is around these areas, and the R -E zone was chosen, as the area on the north side of Bailey is all residential. A mixed - used zone could be looked at on the corridor overlay. Mayor Tom Reid adjourned the Public Hearing for Zone Change No. 2010-05Z at 10:20 p.m. Mayor Tom Reid called to order the Public Hearing for Zone Change No. 2010-06Z at 10:21 p.m. lir 5 lIq 321P.11 A 11 111 JPH Minutes 08/16/10 Page 3 of 7 A request of the City of Pearland for proposed Single -Family Estate District (R -E) zoning for Annexation Area 3&4, on the following described property, on the following described property, to wit�: General Location: Generally located along Kingsley Drive south of Broadway Street and near the intersection of CR 59 and CR 48 and to the west up to Woodfin. - - - IM ml -0 FRATIT-Wrorerfem, 1: 1 MIMEMM= Council Member Steve Saboe stated there are occasions where a piece of property has a mixed use on it, and feels this is an appropriate zoning for the area. Council Member Ed Thompson spoke stating that some of this property could be zoned commercial. P&Z Commissioner Neil West stated that what the Council asked for has been done. A lot of hours were put into the Future Land Use Plan study. P&Z Commissioner Darrell Diggs noted that all the Public Comment forms received were iin favor of the zone change. i Z I IVINEIIIIHIRICIIII III y W City Attorney Darrin Coker reiterated the importance of the first reading for annexation. Mayor 'Tom Reid adjourned the Public Hearing for Zone Change No. 2010-06Z at 10:37 p.m. Mayor Tom Reid called to order the Public Hearing for Conditional Use Permit No., 2010-06 at 10:37 p.m. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP 2010- 16 A request of Jack McGuff, Jr., applicant, on behalf of Brazori�a Cardiology, owners of Pearland Heart Institute for a conditional use permit to allow an increase in height, being located in the General Business (GB) Zoning District, on the followingi, described property Legal Description, : Approximately 3,101 Acre Tract of Land in the H.T. & B.R.R. CO. Survey, AbstractBeing Part of Lot 7 of the Allison Richey Gulf Coast HonI Company's Suburban Gardens Subdivision, as recorded in Volume 2, Page 23, of thi; JPH Minutes 08/16/10 Page 4 of 7 Brazoria. County Plat Records, City of Pearland, Brazoria County, Texas, Lot 1, 1 Block. toM r#M 0 - Mr. Jack McGuff, Jr. 5208 Broadway, Pearland, Texas spoke babout the three- story medical complex. Mayor Tom Reid adjourned the Public Hearing for Conditional Use Permit No. CUP 2010-06 at 10.45 p.m. Mayor Tom Reid called to order the Public Hearing for Zone Change No. 2010-03,Z at 10:45 p.m. It I" - Mom Legal Description: Approximately 3.0 Acre Tract of land out of a 10 Acre Tract, a residue of D. H, Stripling'12.000 Acre Tract recorded Volume 868, Page 239 of the Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. & B. R. i R. Co,. Survey, Sec. 7, A-219 as recorded in Volume 595, Page 63 of the Deed of Records of Brazoria County, Texas Planner I Ian Clowes read the staff report stating that staff was in favor of the zone change. Am I. 7 M =IRMO II%I- 0 Moog= - C.-SOM =2111 Omillic-11 16,011g, r IF MPIL .31YA:11L �JOJIIIWJ Ms. Connie McMasters 2614 Thelma, Pearland, Texas spoke with several concerns, as there were issues with the previous tenant. 1 ) ®id Nancy Murphy own and lease the Botanical Gardens? 2) What will happen to the land in the back, and if the front building will be occupied? 3) The noise would be a concern. 4) What happens if the music studio vacates and the property is zoned as GB? 5) What about the fence? Mr. Curtis Holden 6203 W Broadway, Pearland, Texas represents the church next door to the proposed zone area. Mr. Holden would like to see the property improved, but not an undesirable business. Council Member Steve Saboe asked about the buffering requirements. Planner I Ian Clowes stated that everything is okay now, but if the business expandsi, they would need a 25 to 30 foot buffer next to: the residential lot., Discussion ensued with regards to the condition of the lot, and the business being sublet. Ms. Nancy Murphy stated thatit would not be sublet Council Member Ed Thompson asked why the property could not remain zoned as a Planned Development (PD), and P&Z Chairperson Jerry Koza, Jr. explained a PD use has to be specific, and the underlying zone is GB already., Mr. Koza also e,xpla,ined that any outside use would require a CUP, and that staff would have to review with P&Z and Coluncil having to approve. Council Member Felicia Kyle stated that GB, was a good zone. Other choice would be Office Professional (OP) with a Conditional Use Permit (CUP). Mayor Tom Reid adjourned the Public Hearing for Zone Change No. 2010-03Z at 11:18 p.m. 11 MINE MEMO Judy Krajca, Planning bffi6(e Coordinator Minutes approved as submitted and/or corrected on this 11th day of October 2010, A. D, Mayor Tom Reid JPH Knutes 08/16/10 Page 7 of 7'