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2013-07-15 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 159 2013, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS Mayor Tom Reid and P&Z Chairperson Henry Fuertes called the series of public hearings to order at 6:39 p.m. with the following present: Mayor Tom Reid Mayor Pro Tem Greg Hill Council Member Tony Carbone Council Member Susan Sherrouse Council Member Scott Sherman P&Z Chairperson Henry Fuertes P&Z Vice -Chairperson Matthew Hanks P&Z Commissioner Mary Starr P&Z Commissioner Daniel Tunstall P&Z Commissioner Linda Cowles P&Z Commissioner Elizabeth McLane Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge, Assistant City Manager Jon Branson, City Manager Bill Eisen, Planner II Ian Clowes, City Planner Harold Ellis, and Community Development Office Coordinator Judy Brown. Planner II Ian Clowes 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. CUP 2013- 05 at 6:42 p.m. NEW BUSINESS CONDITIONAL USE PERMIT NO. CUP 2013-05 At the request of Raymond JJ Zhuo, applicant for Houston Chinese Church, owner, for approval of a Conditional Use Permit to allow for a Church, Temple, or Place of Worship in the Single Family Residential (R-1) Zoning District, on the following described property, to wit: Legal Description: Being 5.00 acres out of the G.T. & B.R.R. Company Survey, A-304 in Brazoria County, Texas. Being the same land described as 5.00 acres in a warranty deed from Steven C. Muth to Houston Chinese Church, dated July 5, 2007 and recorded as document No. 2007039242, official records of Brazoria County, Texas. General Location: 2500 Block of Miller Ranch Rd. P&Z Chairperson Henry Fuertes read the purpose of the meeting into the record. JPH Minutes of July 15, 2013 Page 1 of 5 Planner II Ian Clowes read the staff report stating staff recommended approval with one condition: 1). the site be developed in accordance with the attached site plan provided by the applicant. Staff received one public comment form in opposition. The applicant, Mr. Raymond JJ Zhuo of 10002 Autumn Lake, Houston, Texas spoke with regards to the church. Ms. Jennifer Pruett, 2208 Elm Forest, Pearland, Texas spoke on behalf of the South Hampton HOA with the following concerns: 1. Traffic impact. Already traffic issues and congestion on Miller Ranch Rd. 2. Hours and days the church convenes 3. Noise consideration Mayor Pro Tem Greg Hill inquired if the property will be platted, and Planner II Ian Clowes stated it has not been platted but will need to be prior to obtaining permits. Mayor Pro Tem Hill stated he had no issues with the church. P&Z Commissioner Linda Cowles stated that based on the land uses in the surrounding area, she agree with Mayor Pro Tem Hill. P&Z Commissioner Elizabeth McLane asked the applicant what the growth projection was. Mr. Zhuo stated approximately 100-150 people by 2015. P&Z Chairperson Henry Fuertes stated that with the site only being 5 acres, the architectural layout would be limited. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2013-05 at 6:59 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2013- 06 at 6:59 p.m. CONDITIONAL USE PERMIT NO. CUP 2013-06 A request of Renea Sartain, applicant for James C. Pace, owner, for approval of a Conditional Use Permit to allow for an Adult Daycare in the Old Townsite Mixed Use (OT -MU) zone, on following described property, to wit: Legal Description: Being lots 13, 14 and 15, Block E, Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Brazoria County, Texas in Volume 29, Page 41 of the Deed Records, Brazoria County, Texas. JPH Minutes of July 15, 2013 Page 2 of 5 General Location: 3901 Plum St. P&Z Chairperson Henry Fuertes read the purpose of the meeting into the record. Planner II Ian Clowes read the staff report stating staff recommended approval. Staff received no public comment forms in favor of or opposition to the CUP. Ms. Renea Sartain, Administrator for Pace Opportunity Centers, 1101 Jaycee Dr., Longview, TX 75604 spoke on behalf of the Adult Daycare. There was no one present to speak for or against the Conditional Use Permit. Council Member Scott Sherman asked the applicant if there were any issues with the police. Ms. Sartain replied that they have not. P&Z Chairperson Henry Fuertes asked the applicant if any of the existing building would be torn down. Ms. Sartain stated they will be using the existing building as is. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2013-06 at 7:08 p.m. Mayor Tom Reid opened the public hearing for Zone Change Application No. 2013-12Z at 7:08 p.m. ZONE CHANGE APPLICATION NO. 2013-12Z A request of Erinn Brown, applicant and owner, for approval of a zone change from the Single Family Residential — 2 (R-2) zone to the Office Professional (OP) zone on the following described property, to wit: Legal Description: Being a tract of land 100 feet X 200 feet out of the Northwest Quarter of the Northwest Quarter of Section 11, of the H.T. & B. Railway Survey, Abstract 239, Brazoria County, Texas. General Location: 4606 Walnut St. P&Z Chairperson Henry Fuertes read the purpose of the meeting into the record. Planner II Ian Clowes read the staff report stating staff recommended approval. Staff received one phone call inquiring about the zone change. The applicant was not present. There was no one present to speak for or against the zone change. JPH Minutes of July 15, 2013 Page 3 of 5 Mayor Tom Reid stated this was a great use in the Old Townsite area. Council Member Scott Sherman stated he was disappointed that the applicant was not present and commented that this was unacceptable. He further stated that if the applicant continued to be absent throughout the zoning process, he would vote in opposition. P&Z Chairperson Henry Fuertes stated that this type of use was placed in the Land Use Plan when last reviewed and it was good to see this area develop as planned. Mayor Tom Reid asked staff to recommend the applicant attend future meetings with regards to this case, and to possibly call them. Both City Planner Harold Ellis and Planner II Ian Clowes stated that staff does give a step by step process to all applicants, from the time they call or come to the counter, through the pre -development process and throughout the zone change proceedings. Council Member Scott Sherman stated this was disrespectful of the applicant. Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2013- 12Z at 7:17 p.m. Mayor Tom Reid opened the public hearing for Zone Change Application No. 2013-13Z at 7:17 p.m. ZONE CHANGE APPLICATION NO. 2013-13Z A request of Keith Schoonover of Lennar Homes, applicant for Lennar Homes of Texas, Inc., owner, for approval of a zone change from the Single Family Residential (R-3) zone to the General Business (GB) zone on the following described property, to wit: Legal Description: Being 2.00 acres of land situated in the C.J. Hall Survey, Abstract No. 215, in Brazoria County, Texas; being a part of that same tract of land designated as Tract 8 and described in the deed of Lennar Homes of Texas, Inc. recorded in Brazoria County Clerks File No. 94-009151, Official Records of Brazoria County, Texas. General Location: Northwest corner of McHard Rd. and Cullen Blvd. P&Z Chairperson Henry Fuertes read the purpose of the meeting into the record. Planner II Ian Clowes read the staff report stating staff recommended approval. Staff received no public comment forms. Applicant, Mr. Keith Schoonover of 550 Greens Parkway, Suite 100, Houston TX 77067 spoke stating they are not sure if they will develop the site or if they will sell it outright. JPH Minutes of July 15, 2013 Page 4 of 5 There was no one present to speak for or against the zone change. Council Member Scott Sherman asked staff for some uses that would be allowed under the General Business zone. Planner II Ian Clowes stated there were uses such ranging from a Pharmacy to a Gas Station allowed. Council Member Sherman stated he was concerned with a blanket GB zone with no known uses. Council Member Tony Carbone stated he felt the GB zone was good, and Council Member Susan Sherrouse agreed. P&Z Chairperson Henry Fuertes inquired if the site was a hard corner, and Planner II Ian Clowes stated it was. He added that the City owns the land to the west of the site. Discussion ensued briefly noting that the site would have access to both McHard Road and Cullen Boulevard. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2013-13Z at 7:23 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of public hearings at 7:23 p.m. These minutes are respectfully submitted by: Judy Brown, Cothmunity Development Office Coordinator Minutes approved as submitted and/or corrected on this 12th day of August, 2013 A.D. '=�)' I-, Mayor Tom Reid JPH Minutes of July 15, 2013 Page 5 of 5