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2012-04-16 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESC MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD APRIL 16, 2012 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. opened the series of public hearings to order at 6:36 p.m. with the following present: Mayor Tom Reid Mayor Pro Tem Scott Sherman Council Member Felicia Kyle Council Member Greg Hill Council Member Woody Owens P&Z Chairperson Jerry Koza, Jr. P&Z Commissioner Neil West P&Z Commissioner Ginger McFadden P&Z Commissioner Henry Fuertes Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge, Assistant City Manager Jon Branson, City Manager Bill Eisen, City Planner Harold Ellis, Community Development Director Lata Krishnarao, and Community Development Office Coordinator Judy Brown. City Planner Harold Ellis explained the Joint Public Hearing and agenda process for the attending public, and explained that the Planning & Zoning Commission meeting would immediately follow the Joint Public Hearing. Mayor Tom Reid called to order the Public Hearing for Conditional Use Permit No. 2012-02 at 6:38 p.m. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP 2012-02 At the request of Terri Lera, applicant, on behalf of Lee Mehta, owner for approval of a Conditional Use Permit to expand the floor area of an existing structure in the General Commercial (GC) District, on the following described property, to wit: Legal Description: 18.5436 Acre (807,759 SQ. FT.) Tract of Land being out of Lot 51 and Lot 53 of the Allison -Richey Gulf Coast Home Company, Section 6, recorded in Vol. 135, PG. 501 H.C.D.R., located in the H.T. & B.R.R. Co. Survey, A-544, City of Pearland, Brazoria County, Texas General Location: 5719 Broadway, Pearland, TX Strickland Chevrolet P&Z Commissioner Jerry Koza, Jr. read the purpose of the hearing. JPH Minutes 04/16/2012 Page 1 of 5 City Planner Harold Ellis read the staff report and presented the case stating the property was zoned General Commercial (GC) and was being used as an Auto Sales/Dealer facility which is a permitted use. The applicant wants to expand, thus triggers full compliance of required Unified Development Code. Staff recommends approval of CUP 2012-02. Mr. John Wykoff on behalf of the applicant spoke in favor of the Conditional Use Permit. Council Member Woody Owens stated he felt this was appropriate for this area and that masonry was not a good application and can't afford to lose 30 feet. P&Z Commissioner Neil West asked Mr. Owens what would happen if the city gave everyone 30 feet. Mayor Tom Reid adjourned the Public Hearing for Conditional Use Permit No. 2012-02 at 6:45 p.m. Mayor Tom Reid called to order the Public Hearing for Zone Change Application No. 2012-04Z at 6:45 p.m. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2012-04Z A request of Alan Mueller, applicant, on behalf of Musgrave-Grohman Ventures, Ltd. and Brandon Lee Investments, Inc., owner(s), for approval of a zone change from the Planned Development (PD) zone to the Planned Development (PD) zone for 123.33 acres on the following described property, to wit: Legal Description: Being a 39.50 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey, Abstract 233, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.) General Location: East and West Sides of Pearland Pkwy, North of Barry Rose Road — Stonebridge Planned Development P&Z Commissioner Jerry Koza, Jr. read the purpose of the hearing. JPH Minutes 04/16/2012 Page 2 of 5 C City Planner Harold Ellis read the staff report and presented the case stating the amendment removes the proposed residential lots that are not yet developed and replaces with a medical complex and that the proposed amendment will not affect existing residential on the west side of Pearland Parkway. Mr. Alan Mueller of 4201 Broadway, Pearland, Texas 77581 spoke on behalf of the applicant; as did, Mr. Donald Supaw of 7501 Fannin, Houston, Texas who spoke about University General Hospital. Mr. Mueller also spoke in detail about the proposed site plan and how this will add to the tax base and provide job opportunities. Mr. Marty Moran of 1703 Brighton Brook Lane, Pearland, Texas spoke in favor of the medical complex. Mr. Howard Carter of 1719 Brighton Brook Lane, Pearland, Texas spoke in opposition and stated that when he bought his home he expected residential. Concerns were the noise and the project not being completed or abandoned due to the economy. Ms. Rita English of 1719 Brighton Brook Lane, Pearland, Texas spoke in opposition stating her concerns were having a hospital in her backyard, expansion, noise, traffic — specifically from large trucks, pollution from lighting. The use was intended for single family. Dr. Adam Martinez of 2101 Hubstone Way, Pearland, Texas spoke in opposition with concerns of noise and traffic flow. Mr. Steve Greer of 1605 Brighton Brook Lane, Pearland, Texas spoke in opposition with concerns of the light, noise, helipad, ambulance noise, drainage, and trees being replaced to meet the city ordinance. Mrs. Anitra Frederick of 3006 Summit Springs, Pearland, Texas spoke in opposition. She stated she bought her house thinking it would be single family homes behind her and that maybe the medical complex could move to another area already zoned for commercial. She also expressed concern with concierge clientele. Council Member Greg Hill asked the applicant what was his definition of concierge? Mr. Donald Supaw stated they were patients on Medicare and Medicaid. It would be a boutique environment on the inside. Mr. Supaw also added that ambulances would never have their sirens turned on. Council Member Greg Hill asked why they sought out this land. Mr. Supaw stated the location was available and close to Barry Rose Road which would eventually connect to Hughes Road allowing many doctors access from Hermann Memorial Hospital Southeast. Mr. Supaw also stated the lighting throughout would be a home light setting and not many street lights. JPH Minutes 04/16/2012 Page 3 of 5 Council Member Greg Hill asked the difference between Hermann Memorial Southeast Hospital and this hospital. Mr. Supaw stated there would be no helipad, that this hospital is not a Level 1 trauma hospital, and would have individual rooms not shared rooms. Council Member Scott Sherman asked the applicant about the meeting with the residents and what their concerns were. Mr. Alan Mueller stated they mailed out letters to the Lakes of Highland Glen HOA and Stonebridge HOA as well as all the residents that back up to the proposed medical complex. Concerns were about 2 -story vs. 1 -story buildings, would General Business be the specific use, and the height limitations. Council Member Sherman asked how many people attended this meeting. Mr. Mueller replied there were 4 adults and 1 child at the meeting. Council Member Sherman asked, in general, if any of the HOA's have taken a stance on this Zone Change. The general reply from the audience was no. Council Member Sherman also asked if staff notified everyone in the neighborhood. City Planner Harold Ellis stated all residents in the Stonebridge Subdivision were notified, as well as the residents in the Lake of Highland Glen abutting the proposed zone change. Council Member Sherman asked Mr. Supaw to give some general information about the proposed hospital. Mr. Supaw spoke briefly. Council Member Woody Owens inquired about the entrance to the site. Mr. Alan Mueller stated they were asked to do a Traffic Impact Analysis (TIA) and signal to.the north, but not at the entrance. Council Member Owens stated that having a bunch of traffic lights defeats the purpose of a thoroughfare. -: P&Z Commissioner Henry Fuertes asked if the applicant would be required to follow the Unified Development Code. City Planner Harold Ellis stated yes. Council Member Scott Sherman asked the date of the original Planned Development. City Planner Harold Ellis stated the year was 2004. Mayor Tom Reid adjourned the Public Hearing for Zone Change Application No. 2012- 04Z at 7:27 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of Public Hearings at 7:28 p.m. JPH Minutes 04/16/2012 Page 4 of 5 1 1 1 1 These minutes are respectfully submitted by: Judy Brow Commuty D velopment Office Coordinator Minutes approved as submitted and/or corrected on this 14th day of May 2012, A.D. Mayor Tom Reid JPH Minutes 04/16/2012 Page 5 of 5