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2011-04-18 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND li PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 18, 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 7:15 p.m. with the following present: Mayor Tom Reid P&Z Vice -Chairperson Susan Sherrouse Mayor Pro Tem Scott Sherman P&Z Commissioner Darrell Diggs Council Member Felicia Kyle P&Z Commissioner Neil West Council Member Ed Thompson P&Z Commissioner Henry Fuertes Council Member Woody Owens 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 r public, and explained that the Planning & Zoning Commission meeting will immediately f follow the Joint Public Hearing. Mayor Tom Reid called to order the Public Hearing for Conditional use Permit No. CUP 2011-06 at 7:17 p.m. NEW BUSINESS CONDITIONAL USE PERMIT NO. CUP 2011-06 A request of Sudershan Jambulapati, applicant, for Guru Om Sal, LLC., owner, for approval of a Conditional Use Permit to allow for a Restaurant in the Neighborhood Service (NS) District, on the following described property, to wit: Legal Description: Being a 0.9495 acre tract of land situated in the H.T. & B R.R. company survey abstract 242 in Brazoria County, Texas, being the same tract of land conveyed to Joseph B Benes and recorded in volume 408, page 538 of the deed records of Brazoria County Texas. General Location: 7902/7904 Broadway P&Z Vice -Chairperson Susan Sherrouse read the purpose of the hearing. JPH Minutes 04/18/2011 Page 1 of 6 Senior Planner Harold Ellis read the staff report with recommendation for approval of the Conditional Use Permit (CUP). The applicant was present but chose not to speak at this time. There was no one present to speak for or against the proposed request. Council Member Felicia Kyle inquired about the parking situation and asked what kind of restaurant was going in. The applicant replied "Fat Daddy's". Planning Director Lata Krishnarao stated the applicant meets the parking requirement for a mixed use shopping center. Council Member Felicia Kyle inquired about the size of the restaurant, and the parking ratio. The applicant replied approximately 40 people, and Senior Planner Harold Ellis stated he did not have the parking ratio but would get it for Council. Council Member Kyle also expressed concern with the ingress and egress, as well as, the connectivity to the adjoining parking lot. P&Z Commissioner Darrell Diggs stated he concurred with Councils concerns. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2011-06 at 7:36 p.m. Mayor Tom Reid opened the public hearing for Zone Change Application No. 2011-04Z and Zone Change Application No. 2011-05Z, together, at 7:37 p.m. ZONE CHANGE APPLICATION NO. 2011-04Z 1 A request of Beeman Strong for the Settegast Family, owner, and Lyle Henkle for HEB, applicant, for approval of a zone change from Planned Development (PD) zone, to General Business (GB) zone for approximately 23 acres on the following described property, to wit: Legal Description: Being a tract or parcel containing 22.7711 acres (991,909 square feet) of land situated in the Thomas J. Green Survey, Abstract Number 198, Harris County, Texas, and being out of and a portion of the called 118.755 acre tract as described in the deed to Marion E. Settegast, et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed Records General Location: Northwest corner of Broadway (FM518) and Pearland Pkwy ZONE CHANGE APPLICATION NO. 2011-05Z A request of Beeman Strong for Settegast Family, owner and applicant, for approval of a zone change from Planned Development (PD) to Single Family Residential -2 (R-2) for approximately 30 acres on the following described property, to wit: JPH Minutes 04/18/2011 Page 2 of 6 Legal Description: A tract or parcel containing 30.842 acres (1,343,478 square feet) of land situated in the Thomas J. Green Survey, Abstract Number 198, Harris County, Texas, and being out of and a portion of the called 118.755 acre tract as described in the deed to Marion E. Settegast, et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed Records General Location: North of Broadway, along Pearland Pkwy P&Z Vice -Chairperson Susan Sherrouse read the purpose of the hearing for both Zone Change Application No. 2011-04Z and No. 2011-05Z. Senior Planner Harold Ellis read the staff report stating the applicant is requesting the 53 acres zoned as Planned Development (PD) is seeking two separate zone change request. No. 2011-04Z consisting of approximately 23 acres is seeking a zone change to General Business (GB) and No. 2011-05Z consisting of approximately 30 acres is seeking a zone change to Single Family Residential -2 (R-2). The applicant was present, but chose not to speak at this time. Mrs. Helen Beckman of 205 Churchhill, Pearland TX 77581 expressed concern with the zone changes. Mrs. Beckman recalled that when Trammel Crow came before the City Council in 2007 to seek a zone change to General Business (GB), it was made clear to them that this was a unique property that lent itself to special development that was better than General Business (GB). Mrs. Beckman added that in the event that HEB decided not to build at this site, a Planned Development (PD) would tie it down to something specific. Mrs. Beckman stated she was opposed to the zone change presented and asked that it be denied for both cases. Mrs. Beckman also stated she was not opposed to HEB, but was concerned about changing the zone from Planned Development (PD) to General Business (GB). Mr. Kevin Cole of 3808 Houston Lake Drive, Pearland, TX 77581 spoke and stated ideally he agreed with Mrs. Beckman. However, his concern had to do with the amount of acreage being purchased, and does not feel the applicant/developer should have to purchase more acreage than was needed, in order to make it a desirable Planned Development (PD). Mr. Cole added that he was okay with the rezoning of No. 2011- 05Z to Residential. Mr. Richard Golden, representing HEB, 10 Inwood Oaks, Houston TX 77084 spoke in favor of the zone change. He clarified that staff had not asked HEB to buy more land. He added that HEB had demonstrated a good track record and built stores tailored to the communities. Council Member Woody Owens asked what HEB's timeframe was. Mr. Richard Golden stated two -and -a -half to three -and -a -half years to open, possibly. Council Member Owens asked if PD's had a timeline. Staff responded they do not. JPH Minutes 04/18/2011 Page 3 of 6 Mayor Tom Reid stated that the City of Pearland is looking for a wow factor. This is a prime piece of property. Council Member Felicia Kyle stated this is the last prime piece of property and agrees with Mrs. Helen Beckman. She cited the intersection at Cullen Boulevard and Broadway as an intersection that was not planned ahead to make it more robust. Council Member Kyle read some of the uses that could come to the site at Broadway and Pearland Parkway, with a General Business zone, such as a billiard parlor, car repair, stand alone gas station, car wash. Council Member Kyle added that she would like some assurances that another strip center was not developed on site a permitted by General Business (GB) zone. Council Member Kyle also stated she does not like the change to Residential -2 (R-2) for application No. 2011-05Z. Council Member Ed Thompson stated he does not like the fact that the city is placing restrictions on the property. He thought the existing codes were in place to protect the city. Mayor Pro -Tem Scott Sherman wanted to know if they could put a limitation on the property in case HEB fails to build, and could the property then revert back to a PD zone. P&Z Commissioner Darrell Diggs asked what the timeline was of a PD if a developer is no longer in the picture. P&Z Commissioner Neil West stated that he did not have a problem with HEB. The Council and Commission were here to listen and would be fair throughout this procedure. Council Member Woody Owens stated that the PD came about in 2008 when the economy was great. But that time has passed and money is a concern now. Maybe the PD should have a timeline. Council Member Felicia Kyle wanted to clarify for the record that the original Planned Development was brought to the city by the owner and applicant. P&Z Vice -Chairperson Susan Sherrouse stated a goal without a plan is just a wish. The Planned Development zone is for the dirt and not the use; therefore, cannot go by HEB's reputation. A PD guarantees the city a higher use of the property that helps higher property values. She stated that the community did not want any more strip centers. P&Z Commissioner Neil West stated there have been about 24, plus 17 violations on this property. Do we want variances placed on this property? JPH Minutes 04/18/2011 Page 4 of 6 Applicant Richard Golden stated he was concerned with that the restrictions placed lwould not let HEB develop in a fashion they wanted to. Details being requested drive the cost up. He realizes it is an expensive piece of property. P&Z Commissioner Darrell Diggs stated the purpose of the PD was to put something in with specifics. Mayor Pro -Tem Scott Sherman asked why the PD was not amended. Assistant City Manager Mike Hodge replied that staff met with the applicant several times and was waiting on a revised PD; however, the latest version presented by the applicant requested three variances on the property for signage, electrical poles, and transparency. Since there were no other improvements proposed, staff had recommended a zone change. Mr. Beeman Strong, for the applicant, 1300 Post Oak Blvd., #1650, Houston, TX 77056 spoke about the signed applications on behalf of the owners. Mayor Tom Reid recessed the public hearing at 8:30 p.m. due to lack of quorum for P&Z. Mayor Tom Reid reconvened the public hearing at 8:38 p.m. when the quorum was attained. An unnamed person with HEB spoke briefly about the three variances for the property (signage, electrical poles, transparency), and that the transparency would be the only one needing a variance, if the GB zone is granted. Senior Planner Harold Ellis spoke with regards to the zoning timeline. A Planned Development (PD) can have a timeline placed on it. This is not an option with straight zoning, such as General Business (GB) or a Development. P&Z Commissioner Henry Fuertes stated he does not like that we are taking away a Planned Development (PD) that was negotiated, and should trust our zones and corridor overlay district. Mr. Fuertes asked if Council could hold off on the 2nd reading until the HEB sale goes through. Mayor Tom Reid stated this was not necessarily a good idea. Commissioner Henry Fuertes stated he is not sure he has enough information to make a decision on this, and would like guidance from the Council. Mr. Beeman Strong stated that he was not aware that Trammel Crow actually asked for a zone change to a Planned Development (PD), but that it was a city request. Council Member Felicia Kyle addressed Mr. Strong stating that he should have informed the property owners. Every decision made on the property was done in a public arena. The implication that the owners or previous applicant didn't know what they were signing is not so. JPH Minutes 04/18/2011 Page 5 of 6 City Attorney Darrin Coker spoke up stating for the record that he thought it was ironic that the applicant was making a statement that the owner never knew about the application, when earlier tonight Mr. Strong stated that the applicant did not think the owner should sign the application. Attorney Coker did not feel the applicant was being completely candid with the Council. Council Member Woody Owens asked P&Z Commissioner Henry Fuertes to clarify his question of not having enough information to make a decision. City Attorney Darrin Coker stated he would defer to Deputy City Attorney on the zone change but it should be for the highest and best use of the property. Council Member Felicia Kyle stated she thought this PD was going to be revised at the last workshop with HEB. She questioned why it was not revised. Council Member Kyle stated that everyone wanted HEB, but just wants to know the property would be developed. Council Member Ed Thompson asked the P&Z to consider this when making a decision, "what would you do if this was your property?" Mayor Tom Reid adjourned the public hearing for Zone Change No. 2011-04Z and Zone Change No. 2011-05Z 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: Tuxo� '- 111r, Judy rajca, Plannirib Office Coordinator Minutes approved as submitted and/or corrected on this 9th day of May 2011, A.D Mayor Tom Reid JPH Minutes 04/18/2011 Page 6 of 6