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2012-11-19 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES1 MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY OF PEARLAND, TEXAS, HELD NOVEMBER 19, 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 Henry Fuertes called the public hearing to order at 6:42 p.m. with the following present: Mayor Tom Reid P&Z Chairperson Henry Fuertes Mayor Pro Tem Susan Sherrouse P&Z Vice Chairperson Linda Cowles Council Member Woody Owens P&Z Commissioner Mary Starr Council Member Keith Ordeneaux P&Z Commissioner Neil West P&Z Commissioner Matthew Hanks 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, Planner II Ian Clowes, 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 opened the Public Hearing for Conditional Use Permit No. 2012-07 at 7:12 p.m. NEW BUSINESS CONDITIONAL USE PERMIT NO. CUP 2012-07 At the request of Lam Vien Buddhist Temple, applicant and owner, for approval of a Conditional Use Permit to allow for a Church, Temple, or Place of Worship in the Suburban Residential - 12 (SR -12) Zoning District, on the following described property, to wit: Legal Description: A Subdivision of 9.731 Acres in the H.T.& B.R.R. Co. Survey, Section 9, Abstract no. 234, Brazoria County, Texas. General Location: 1606 Roy Rd., Pearland, TX Planner II Ian Clowes read the staff report stating the applicant has plans to construct a prayer room, used by the current monastery with the intent to eventually open to outside guest. The site currently operates as a Monastery, which is a permitted use. JPH Minutes November 19, 2012 Page 1 of 6 The applicant Mr. Khuong Le of 1606 Roy Rd., Pearland Texas spoke. Ms. Kelly Cuddleback of 13120 Roy Rd., Pearland Texas 77581 spoke of concerns with traffic, roads, noise and size of facility. Mr. Wayne Huber of 1529 Roy Road, Pearland, Texas 77581 spoke of the same concerns bust mostly the impact on his single family residence with the monastery, and how big the structure would be. Council Member Woody Owens asked if the property would require a replat, and Planner II Ian Clowes stated no. Council Member Owens asked about water/sewer. Assistant City Manager Mike Hodge stated he would get back to council with the cost and extension of McHard. Council Member Owens asked the applicant how many resided at the monastery. Mr. Le stated there were six nuns and 4-5 families. Mayor Pro Tem Susan Sherrouse inquired about a site plan. There was much discussion with regards to a site plan being required, the lighting, screening and driveway. There was also discussion with regards to the applicant having a Pre Development meeting and staff acknowledged they would. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2012-07 at 7:40 p.m. Mayor Tom Reid opened Public Hearing for Conditional Use Permit No. 2012-08 at 7:40 p.m. CONDITIONAL USE PERMIT NO. CUP 2012-08 At the request of Chasing Dreams Daycare, applicant and The Old Place Inc., owner, for approval of a Conditional Use Permit to allow for a Daycare Center (Business) in the Neighborhood Services (NS) Zoning District, on the following described property, to wit: Legal Description: Being 9.930 acres of land, Lots 30-30A, of the Allison — Richey Gulf Coast Home Company Subdivision of Section 20, of the H.T. & B. Railroad Company Survey, Abstract 506, Brazoria County, Texas. General Location: 8809 Broadway, Pearland, TX Planner I Ian Clowes read the staff report stating the building previously operated as a daycare but due to abandonment of it last year, a new Conditional Use Permit was required. Ms. Detra Jackson, applicant spoke briefly. JPH Minutes November 19, 2012 Page 2 of 6 C There was no one present to speak for or against the conditional use permit. Council Member Keith Ordeneaux stated he was not a strong opponent of the six month vacancy to be considered abandoned. Council Member Woody Owens asked if this was to be a different use. There was some discussion of this previously being the Land of the Little People daycare. City Planner Harold Ellis stated that staff was asking the applicant to look at a zone change in the future. Council Member Owens asked how many square feet the building was, and Ms. Jackson stated it was 10,000 s.f. Council Member Owens asked if sprinklers would be added. Assistant City Manager Mike Hodge stated a Tenant Occupancy Inspection would be done. City Planner Harold Ellis stated that only half of the day care, 5,000 s.f. would be used for the day, and a doctor facility was in the process of getting a Tenant Occupancy for the other half. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2012-08 at 7:51 p.m. Mayor Tom Reid called opened the Public Hearing Zone Change No. 2012-14Z at 7:51 p.m. ZONE CHANGE APPLICATION NO. 2012-14Z A request of Joe D. Powers, AIA, applicant, on behalf of SHT/Kirby, Ltd., owner, for approval of a zone change from the Spectrum District (District S1) (SP1) zone to the Planned Development (PD) zone for 13.589 acres on the following described property, to wit: Legal Description: Being a 13.589 acre tract of land out of Allison Richey Gulf Coast Homes Subdivision, an addition to the City of Pearland, Brazoria County, Texas as recorded in Volume 3, Page 40, of the Map Records of Harris County, Texas, said 13.589 acre tract of land being a portion of a 36.166 acre tract of land (by deed) deeded to SHT/Kirby LTD, as recorded in Harris County Clerk's File Number 20080049996 in the Official Public Records of Real Property, Harris County, Texas General Location: Northeast corner Spectrum and Hooper, Pearland, TX JPH Minutes November 19, 2012 Page 3 of 6 City Planner Harold Ellis read the staff report stating the applicant is proposing a development to be used by Dover Energy and two of its subsidiaries. Staff recommends approval with the condition that the following text be added to the Planned Development document: This site will obtain power from existing overhead utilities on Hooper Road. This extension to the subject property across Hooper Road may occur via overhead power. Utilities within the site will be underground. Mr. Jason Gilbert of Joe D Powers spoke on behalf of the applicant. There was no one present to speak for or against the Zone Change. Council Member Woody Owens inquired if the 2011 taxes for the city, county and management district had been paid. City Planner Harold Ellis stated they would look into this further. There was much discussion regarding underground utilities, and brief discussion about a fence and EIFS. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2012-14Z at 8:08 p.m. Mayor Tom Reid opened the public hearing for Zone Change No. 2012-16Z at 8:08 p.m. ZONE CHANGE APPLICATION NO. 2012-16Z A request of City of Pearland, applicant, for approval of General Business (GB) with Conditional Use Permits (CUPs) on specified properties and Planned Development (PD) zoning for MUD 4 property, to wit: General Location: Country Place development, north and south of McHard, east and west of SH288. City Planner Harold Ellis read the staff report stating staff recommends approval and stated this was a city project. There was no one present to speak for or against the zone change. Mayor Pro Tem Susan Sherrouse complimented staff on the Annexation and MUD 4, and Council Member Keith Ordeneaux seconded. Mayor Reid commended Mayor Pro Tem Susan Sherrouse for her presentation at the open house. There was brief discussion with regards to the business on the southeast side of SH 288 and south of McHard Road. M JPH Minutes '— November 19, 2012 Page 4 of 6 Mayor Tom Reid adjourned the public hearing for Zone Change No. 2012-16Z at 8:22 pm. Mayor Tom Reid opened the public hearing for the Proposed Amendments to the Unified Development Code T-14 at 8:22 p.m. PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE T-14 City Planner Harold Ellis read the staff report stating staff recommends approval and stated this was a city project. There was no one present to speak for or against the zone change. There were no comments from the Council/Commission/Staff. Mayor Tom Reid adjourned the public hearing for the Proposed Amendments to the Unified Development Code T-14 at 8:26 p.m. Mayor Tom Reid opened the public hearing for Proposed Comprehensive Plan Amendment — Lower Kirby Urban Center at 8:39 p.m. PROPOSED COMPREHENSIVE PLAN AMENDMENT - GRAND AVENUE PLAN Director of Community Development Lata Krishnarao read the staff report and stated this was a city project. There was no one present to speak for or against the amendment to the UDC. There was a brief discussion regarding paving and landscaping by Council Member Keith Ordeneaux. Assistant City Manager Mike Hodge stated it was in the Capital Improvement Plan, but not funded yet. Council Member Ordeneaux asked to see an estimate. Mayor Tom Reid adjourned the Proposed Comprehensive Plan Amendment — Grand Avenue Plan at 8:39 p.m. Mayor Tom Reid opened the public hearing for Proposed Comprehensive Plan Amendment — Lower Kirby Urban Center at 8:39 p.m. PROPOSED COMPREHENSIVE PLAN AMENDMENT — LOWER KIRBY URBAN CENTER JPH Minutes November 19, 2012 Page 5 of 6 Director of Community Development Lata Krishnarao read the staff report and stated this was a city project. There was no one present to speak for or against the amendment to the UDC. Council Member Woody Owens inquired about the drainage ditch and regional detention, and was addressed by Assistant City Manager Mike Hodge. Mayor Pro Tem Susan Sherrouse asked about the exits at Kirby being permanently closed. Assistant City Manager Mike Hodge stated it doesn't look as if it will be opened, but could address it with HCTRA. There was a brief discussion about Form Based Codes. Mayor Tom Reid adjourned the public hearing for Proposed Comprehensive Plan Amendment — Lower Kirby Urban Center at 8:54 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of Public Hearings at 8:55 p.m. These minutes are respectfully submitted by: (TLxx� 3LC�� Judy Bro n, Con# u ity Development Office Coordinator Minutes approved as submitted and/or corrected on this 9th day of July 2012, A.D. Mayor Tom Reid JPH Minutes November 19, 2012 Page 6 of 6