2011-03-21 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 MARCH 21, 2011 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY
HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
Mayor Tom Reid and P&Z Vice -Chairperson Susan Sherrouse opened the series of
public hearings to order at 6:34 p.m. with the following present:
Mayor Tom Reid
Mayor Pro Tem Scott Sherman
Council Member Steve Saboe
Council Member Ed Thompson
Council Member Woody Owens
Council Member Felicia Kyle
P&Z Vice -Chairperson Susan Sherrouse
P&Z Commissioner Darrell Diggs
P&Z Commissioner Richard Golden
P&Z Commissioner Henry Fuertes
P&Z Commissioner Neil West
Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge,
Assistant City Manager Jon Branson, City Manager Bill Eisen, Senior Planner Harold
Ellis, Planner II Evan DuVall, Planning Director Lata Krishnarao, and Planning Office
Coordinator Judy Krajca.
Senior Planner Harold Ellis 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 Conditional use Permit No. CUP
2011-01 at 6:39 p.m.
NEW BUSINESS
CONDITIONAL USE PERMIT NO. CUP 2011-03
A request of Sprint Nextel c/o Alan Haggard, applicant for Barnett Ranching and Land
Management, owner, for approval of a Conditional Use Permit to allow for co -location of
additional antennas on an existing tower, in the General Commercial (GC) zone, on the
following described property, to wit:
Legal Description: Being 0.4905 acres of land out of Lots 3 and 4 and being 1.6819
acres of land out of lots 4 and 5 of the George W. Jenkins Subdivision as recorded in
Volume 2, Page 20, Brazoria County Plat Records, located in the Perry and Austin
League, Abstract No., 111, Brazoria County, Texas
General Location: 1417 E. Broadway, Pearland Texas
P&Z Vice -Chairperson Susan Sherrouse read the request.
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Senior Planner Harold Ellis read the staff report stating staff recommends approval.
Mr. Whitney Lawrence of 12415 Bret Springs, San Antonio, Texas 78233 spoke on
behalf of Alan Haggard of Sprint Nextel.
There was no one present to speak for or against Conditional Use Permit No. Cup
2011-03.
Council Member Woody Owens inquired about the wind load. Assistant City Manager
Mike Hodge stated they do not meet the wind load of 110 miles per hour, and would ask
the applicant to address this.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP
2011-03 at 6:47 p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2011-
04 at 6:47 p.m.
CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO.
CUP2011-04
A request of Rev. B.V. Barnett, applicant and owner, for approval of a Conditional Use
Permit to allow the operation of a consignment shop, in the Office Professional (OP)
zone, on the following described property, to wit:
Legal Description: Approximately 0.550 Acre Certain Tract of Land out of the northwest
one-fourth (M.W. 1/4th) of the H.T. B. RR CO. Survey, Section eleven (11), Abstract 239,
Brazoria County, Texas.
General Location: 4904 Walnut Street, Pearland Texas
Council Member Felicia Kyle arrived at 7:02 p.m.
P&Z Vice -Chairperson Susan Sherrouse read the request.
Senior Planner Harold Ellis read the staff report stating the site previously had a single-
family home that was removed. The only remaining structure on site is a former
detached garage, at approximately 500 square feet. The applicant is proposing to
relocate an approximately 1,700 square foot building from an off-site location, to this
site, and to be used as the primary building for the proposed consignment shop. Staff
recommends approval with the following conditions:
1. No outside commercial related activities may take place on site
2. No outside storage on site
3. No commercial vehicle storage on site
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Reverend BV Barnett spoke briefly.
Jeanie Jordon of 2609 McLean, Pearland, Texas spoke in opposition stating that it has
become like a flea market with items being sold out of the moving truck.
Candice Ann Atkinson of 2609 McLean, Pearland, Texas spoke in opposition.
Mayor Pro -Tem asked staff to explain the no outside commercial related activity and
inflatable moonwalks.
Senior Planner Harold Ellis stated that no flea market activity could exist and that all
sales needed to occur indoors. Inflatable's were not related to a consignment shop use,
and therefore, not allowed.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP
2011-04 at 7:02 p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2011-
05 at 7:03 p.m.
CONDITIONAL USE PERMIT NO. CUP 2011-05
A request of Airgas Specialty Gases, owner, for approval of a Conditional Use Permit to
allow for Petroleum or Petroleum Product Extraction, Refining, Manufacturer, or Bulk
Storage, in the Heavy Industrial (M-2) District, on the following described property, to
wit:
Legal Description: 29.43 acres of land, being a part of the H.T. & B. R.R. Company
survey, section 27, abstract 308. The G. C. Smith survey, section 28, abstract 551, City
of Pearland, Brazoria County, Texas, and being part of lots 172 and 173 of the
Zychlinski subdivision recorded in volume 29, page 9, deed records of Brazoria County,
Texas, and being all of that certain 14.7071 acre tract described in a deed to Airgas
Specialty Gases, Inc. recorded in Clerk's File 2007-000736 and all of that certain
14.7075 acre tract described in a deed to Airgas Specialty Gases, Inc. recorded in
Clerk's File 2007-000739.
General Location: 4344 S. Main Street
P&Z Vice -Chairperson Susan Sherrouse read the request.
Senior Planner Harold Ellis read the staff report stating the applicant is seeking to
expand their existing operation on site, and the site improvements trigger full site
compliance, as required by the UDC. The requirement not being met due to site
restrictions is a 30' front landscaped setback area. Staff recommends approval of CUP
2011-05.
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Mr. John Bersch, 897 Garurt Circle, Schaumberg, IL 60193 spoke, along with Dan
Ferris, and both presented a power point presentation with the history of the company.
No one was present to speak for or against the conditional use permit request.
There was brief discussion with regards to tanks being above or below ground. Mr.
Bersch replied below ground. Mr. Ferris also explained that 90% are gas products and
when leaked, go into the air. He also added that a fire compression system is in place
and they work with the Fire Marshal. Airgas does daily leak inspections, monthly
inspections that meet OSHA Regulations, and also have a Fire Engineer on site.
P&Z Commissioner Richard Golden asked if they were required to have an air permit.
Mr. Bersch replied they were not. They do not emit enough into the air, to require one.
Mayor Tom Reid spoke highly of Airgas and the business they have brought to the city.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP
2011-05 at 7:29 p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2011-02Z at 7:29 p.m.
ZONE CHANGE NO. 2011-02Z
A request of Kerry R. Gilbert & Assoc., applicant on behalf of Taylor Morrison of Texas
INC., owner, for approval of an amendment of the Southern Trails Planned Unit
Development (PUD), for multiple tracts of land including approximately 522.62 acres,
generally located south of Broadway Street and Southern Trails Drive, and referred to
as The Southern Trails Planned Unit Development, on the following described property,
to wit
Legal Description: Being a 522.62 acre tract of land situated in the H.T. & B. RR Co.
Survey, Section 80, Abstract 564 and the H.T. & B. RR Co. Survey, Section 80, Abstract
538, City of Pearland, Brazoria County, Texas; being all of a called 120.134 acre tract of
land described in a deed recorded Volume (90) 820, Page 217, Volume (91) 866, Page
357 and Volume (92) 994, Page 172 all of the Brazoria County Deed Records, and Lots
3 through 8, 11 through 18, 20 through 26, 27 through 34, Lots 37 & 38 and the west 1/2
of Lot 39, all of Lots 42, 43, 44, 45, 52 through 55 and 8.11 acres of Lot 56 of the
Allison -Richey Gulf Coast Home Company subdivision recorded in Volume 2, Page 98
of the Brazoria County Map Records.
General Location: South of Broadway Street and Southern Trails Drive; commonly
referred to as The Southern Trails Planned Unit Development.
P&Z Vice -Chairperson Susan Sherrouse read the request.
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Planner II Evan DuVall read the staff report stating there were 4 major changes to the
Planned Unit Development, and only a few minor changes. Major Changes were:
1. Pedestrian underpasses
2. Trail modification
3. Sidewalks
4. Displays of Tot -Lot on Amenity Exhibit
Staff recommends approval with the following conditions:
1. Provide additional information on Exhibit "E" Sidewalk on east and west side of
Kingsley.
2. Revise language within the document to state that sidewalks will be constructed
by the developer, instead of the current language that has a permit in lieu of
options.
Mr. Kerry Gilbert spoke on all the changes, and showed a brief presentation pertaining
to flashing lights at the crosswalks.
Ms. Angela Huffman of 12001 Dawn Mist Court, Pearland, TX spoke and asked if these
changes would affect their HOA dues, along with the quality of the subdivision.
Council Member Ed Thompson asked about the HOA fees.
Mr. Gilbert stated he did not have a say in the HOA fees, but did not feel this would
cause an increase.
There was brief discussion among the Council. Mayor Pro Tem Scott Sherman stated
he liked the crossing lights.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP
2011-02 at 7:59 p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2011-03Z at 7:59 p.m.
ZONE CHANGE APPLICATION NO. 2011-03Z
A request of Burt H. Chrisman, Jr., owner and applicant, for approval of a zone change
from the Neighborhood Service (NS) zone, to Single -Family Residential -2 (R-2) zone for
approximately 6.8 acres on the following described property, to wit:
Legal Description: Lot one (1) of Worrell Addition, being a 6.8651 acre tract out of the
T.D. Yoakum survey abstract 399 and ACH & B survey abstract 147, Pearland, Brazoria
County, Texas,
General Location: 2801 John Lizer
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P&Z Vice -Chairperson Susan Sherrouse read the request.
Senior Planner Harold Ellis read the staff report stating the property was originally
zoned Suburban District — Business, and later rezoned to Neighborhood Services when
annexed. The applicant is seeking to rezone the property to Residential -2.
The applicant was present but chose not to speak.
There was no one present to speak for or against the zone change request.
Council Member Ed Thompson expressed a concern of annexing property, then zoning
it, and having it rezoned again. Council Member Steve Saboe commented that this is
the process and that staff looks at the surrounding zoning at the time and chooses the
best zone use. Council Member Felicia Kyle stated she can see both sides of the
applicant and the city with regards to the choice in order to add a buffer between
commercial use and residential use.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2011-03Z at 8:12
p. M.
ADJOURNMENT
Mayor Tom Reid adjourned the series of public hearings at 8:12 p.m.
These minutes are respectfully submitted by:
/-7L
Judy Kr ' a, Plan ng Office toordnator
Minutes approved as submitted and/or corrected on this 25th day of April 2011, A.D.
�o,
Mayor Tom Reid
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