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2017-09-11 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON MONDAY SEPTEMBER 11, 2017 AT 6:30 P.M., IN THE SECOND FLOOR TRAINING ROOM — PUBLIC SAFETY BUILDING — 2555 CULLEN PARKWAY CALL TO ORDER Mayor Tom Reid opened a series of public hearings at 6:57 p.m. The following were present: Mayor Tom Reid Council Member Tony Carbone Council Member Gary Moore Council Member David Little Council Member Trent Perez Council Member Keith Ordeneaux Council Member Woody Owens P&Z Chairperson Daniel Tunstall P&Z Vice -Chairperson Thomas Duncan P&Z Commissioner Derrell Isenberg P&Z Commissioner Mary Starr P&Z Commissioner David Selsky Also present were City Attorney Darrin Coker, Deputy City Attorney Lawrence Provins, C Director of Community Development John McDonald, City Planner Jimontanae McBride, Senior Planner Martin Griggs, Associate Planner Vince Hustead, Planner Armon Irones, Director of Engineering Robert Upton, Associate Engineer Matt Brown and Office Assistant Alma Gonzales Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 17-00014 @ 7:01 p.m. Senior Planner Martin Griggs explained the format of the hearing. P&Z Chairperson Daniel Tunstall read into record the requestforthe Conditional Use Permit Application No. CUP 17-00014. PURPOSE OF HEARING Conditional Use Permit Application No. CUP 17-00014 A request of Kerry R. Gilbert & Associates represented by Jennifer Curtis, applicant, on behalf of Global XYZ Development LLC represented by Archana Thota, owner; for approval of an amendment to the site plan for Ordinance Number CUP 2014-09 in the Business Park -288 (BP -288) zoning district; on approximately 9.4083 acres of land. Legal Description: Being a 9.4083 tract of land located in the H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract being all of a called 1 J PH MINUTES -SEPTEMBER 11, 2017 3.39 acre tract of land recorded in the name of George D. and Mary Fishman in Clerk's File Number 2005061002 of the Official Records of Brazoria County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of land (North 3.3 acres) recorded in the name of George D. and Mary Fishman in Clerk's File Number 97-015077 of the O.R.B.C. and the ' remainder of a called 3.3 acre tract of land (South 3.3 acres) recorded in the name of George D. and Mary Fishman in Clerk's File Number 97-010496 of the O.R.B.C., and said 9.4083 acres also being all of Minor Plat of Medical Resort at Pearland, a subdivision plat recorded in Clerk's File Number 2015027678 of the Brazoria County Plat Records (B.C.P.R). General Location: Approximately 1,600 feet north of County Road 59 on the west side of Business Center Drive, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs presented the staff report and exhibits and informed Council and Commission that no notices and 2 inquiry calls were received. Staff recommends approval of the requested amendment to the site plan for Ordinance Number CUP 2014-09 on the approximately 3.0679 acre site for the following reasons: 1. The proposed amendment to CUP 2014-09 at the specified location are consistent with the policies embodied in the "288 Gateway" category of the Comprehensive Plan. 2. The proposed amendment to CUP 2014-09 is consistent with the general purpose and intent of the BP -288 zoning district. 3. The proposed amendment to CUP 2014-09 is compatible with and preserves the ' character and integrity of adjacent developments and neighborhoods. The site generally plan adheres to the UDC requirements and all remaining concerns regarding landscaping and utility easements can easily be addressed prior to development of the site. 4. The proposed amendment to CUP 2014-09 does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. All traffic generated by future development will take place on Business Center Drive which is sufficient to handle all anticipated traffic an currently equipped with pedestrian sidewalks to reduce potential hazards. 5. The proposed amendment to CUP 2014-09 has access to Business Center Drive in conformance with the driveway regulations. Efforts have been made to reduce access point by sharing drive access with the Costco Development to the south restricts traffic conflict points. 6. The proposed amendment to CUP 2014-09 incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties. 7. The proposed amendment to CUP 2014-09 not currently meet all of the standards for the BP -288 zoning district. The applicant, Jennifer Curtis, 23501 Cinoo Ranch Blvd.#A-250, Katy, TX 77494, gave a brief presentation and was available for questions and comments. I No Staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST 2 JPH MINUTES -SEPTEMBER 11, 2017 None ' COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Trent Perez asked the applicant for clarity on what the CUP request was for. Jennifer Curtis informed Mr. Perez the CUP was not for a change in use but for a modification in the site plan. Mr. Perez added that this should not have been presented as a CUP and a good reason why the CUP process should be changed. Mr. Perez would rather see to wipe out all the site conditions at the front end and allow to develop as the UDC allows to develop had it not been for the CUP to make it easier for people. Mr. Perez wanted to note for the public record that the owner is not a client of his but are related to a project he worked on in the past and shared that he spoke with Staff and informed there are not any unethical conflicts. Councilmember Keith Ordeneaux commented that this would be a reason why he would not want any site plan hand drawn or otherwise in a CUP process because he fears it could be back to this in ten years. Councilmember Tony Carbone asked Staff if it made more sense to remove site plan altogether or would it be better to move forward as proposed. Senior Planner Martin Griggs explained that removing the out parcels would leave a mixture of characters by design and if the site plan was removed then they would work with applicant to make sure they keep the design features from the previous intent. Mr. Carbone asked the applicant if they would be okay with leaving the site plan in. The applicant responded they would be prepared to do whatever Council recommended. Mr. Carbone added that the proposed changes in the CUP process will help some of these concerns in the future. Councilmember Trent Perez asked Legal if it was possible to provide some type of language in the way the ordinance is written to give an applicant some wiggle room for modifications to a site plan. City Attorney Darrin Coker explained that Council has the ability to put into an ordinance an item of that nature however the difficulty would be trying to find a place on Staffs authority on R. Mr. Coker added that it would put Staff in a predicament trying to figure out how far to go, but that yes it could be done. City Planner Jai McBride shared the language for conditions found in the UDC for a site plan. Mayor Tom Reid commented that he liked the idea of the facility and that it was a good location for it. P&Z Vice -Chairperson Thomas Duncan comments were that the reason the two parcels in the front had anything to do with the parcels in the back were because when this was presented to the Commission the first time it was presented as one property. Mr. Duncan agrees with the proposed change to the CUP process. P&Z Chairperson Daniel Tunstall commented on the proposed change to the CUP process for BP288 zone and is in support. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No. CUP 17-00014 @ 7:30 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 17-00015 @ 7:30p.m. ' P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit Application No. CUP 17-00015 JPH MINUTES -SEPTEMBER 11, 2017 PURPOSE OF HEARING Conditional Use Permit Application No. CUP 17-00015 A request of Gilbert Mandke PLLC, applicant, on behalf of AVK Properties, LLC ' represented by Kannimel O. Mathew, owner; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning district; on approximately 3.1312 acres of land. Legal Description: Being Tract "B" a 3.1312 acre (136,394 sq. ft.) out of a 13.7809 acre (600,300 sq. ft.) tract of land, that same called 15.0832 acre tract conveyed by to Leslie Gordon Liere, recorded in Clerk's File Number (C.F. No.) 03-066667 Brazoria County Deed Records (B.C.D.R.), to Richard Douglas Liere in C.F. No. 03-066666 and to Beatrice Theriot, Virgie Hawk, and Hattie Mae Wood in cause No. 9573 Brazoria County Probate Records, said tract being all of Lot 60 of the Allison Richey Gulf Coast Home Co., Section 85 a subdivision of record in Volume 2, Page 107 of the Brazoria County Plat Records, located in the H.T. & B. R.R. CO. survey, Abstract 304, Brazoria County, Texas. General Location: 9603 Broadway St., Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs presented the staff report and exhibits, there were zero notices and one call received. Mr. Griggs also informed Council and the Commissioners that a meeting was being planned with the P&Z Commissioners to discuss the research done on liquor stores. Staff recommends approval of the requested CUP for a ' Liquor/Package Store on the approximately 3.1312 acre site for the following reasons: 1. The proposed use of a liquor/package store at the specified location is consistent with the policies embodied in the & klquo; Retail, Offices, and services” category of the Comprehensive Plan. 2. The proposed use of a liquor/package store is consistent with the general purpose and intent of the GB zoning district regulations. The parcel is accompanied by other commercially zoned properties of similar size and intensity along Broadway Street. The closest residential development is across Broadway Street in the ETJ at Southwind at Silvedake Apartments.& nbsp; 3. The proposed use of a liquor/package store is compatible with and preserves the character and integrity of the adjacent commercial developments. The location is within a shopping center where advertising will be limited due to the size of the suite.& nbsp; 4. The proposed use of a liquor/package store does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic. 5. The proposed use of a liquor/package store is not anticipated to generate traffic volumes in excess which would require additional measures to incorporate roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic. ' 6. The proposed use of a liquor/package store does not incorporate features such as bars over the windows or additional lighting which could create visual impacts. The location is in an established shopping center and mitigates the potential for negative 4 JPH MINUTES -SEPTEMBER 11, 2017 aesthetics or activity that might accompany this type of retail use. The proposed use of a liquor/package store meets the standards for the GB zoning district. ' Representative for applicant, Robert Gilbert, 10100 Kleckley #15B, Houston TX 77075 gave a brief presentation and was available for comments and questions. No Staff Wrap Up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Woody Owens questioned the number of liquor stores that have presently been approved. Mr. Owens is not a fan of the proposed liquor stores, feels too many have already been approved. Mr. Owens would like to talk further on the amount of liquor stores coming in. Mr. Owens will not vote on CUP's for liquor stores now or in the future. P&Z Commissioner Derrell Isenberg agreed with Councilmember Owens that there are too many coming in, but stated that he may be in favor once the meeting with Staff is done to better understand the process to include where to determine location. Mr. Isenberg stated that he will not be voting in favor until the workshop and he has a better understanding. P&Z Chairperson Daniel Tunstall asked Staff if the applicant was wanting to open the liquor store themselves or was it a third party request. Mr. Gilbert answered it was the property owner who is the applicant. Mr. Tunstall commented that on previous liquor store requests, some type of presentation of what the liquor store would have installed and without those details there isn't anything to review or to place conditions on and without that information Mr. Tunstall's vote will be no. P&Z Commissioner David Selsky commented on the requirements on a CUP and what the market can dictate what should happen with a business versus how they want to craft the city. Mr. Selsky added that he doesn't think he has to see an outline of a storefront in order to approve it. Mayor Tom Reid commented that he thinks the market will take care of the liability of a liquor store success. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No. CUP 17-00015 @ 7:45 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 17-00016 @ 7:45 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit Application No. CUP 17-00016 PURPOSE OF HEARING Conditional Use Permit Application No. CUP 17-00016 1PH MINUTES -SEPTEMBER 11, 2017 A request of Pogie USA, LLC., applicant and owner, represented by Bruce Honore; for approval of a Conditional Use Permit (CUP) to allow for a Truck (Heavy) and Bus Rental or Sales use in the General Commercial (GC) zoning district; on approximately 3.1092 acres of land. ' Legal Description: A 3.1092 acre tract of land out of Lot 46 of the Allison Richey Gulf Coast Home Companys subdivision of Section 8, H.T&B.R.R. CO. Survey also called the F.B. Drake Survey, Abstract 504, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 24, of the Plat Records of Brazoria County, Texas. General Location: 6601 Broadway Street, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs gave a presentation with staff report and exhibits and informed that one comment form was received in opposed to the proposal. Staff recommends approval of the requested CUP for a Truck (Heavy) or Bus Rental use on the approximately 3.1092 acre site for the following reasons: 1. The proposed use of a Truck (Heavy) or Bus Rental at the specified location is consistent with the policies embodied in the Business Commercial category of the Comprehensive Plan. 2. The proposed use is consistent with the general purpose and intent of the GC zoning district purpose and regulations. 3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods. The new parking areas are buffered ' from the adjacent residences by an existing detention facility for the site. 4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. 5. The proposed use does not generate enough traffic to require incorporation of roadway adjustments, traffic control devices or mechanisms. 6. With minimal additional screening, the proposed use and improvements would minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties. Staff recommends the additional parking area be landscaped with street trees and screened by a continuous hedge row from the adjacent residence and Garden Road. 7. The proposed use meets the standards for the GC zoning district. No variations are proposed or necessary to render the use compatible on the site and with adjoining neighborhood. Applicant Bruce Honore, 3219 Old Alvin Rd., Pearland TX 77581 was present and available for comments and questions. Mr. Honore explained that if needed to he would be able to add hedges and shrubs around the rear parking lot. No Staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST ' None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION 6 1PH MINUTES -SEPTEMBER 11, 2017 P&Z Vice -Chairperson Thomas Duncan had a question regarding the site plans detention and drainage meeting Engineering's requirements under the new rules. Councilmember ' Trent Perez added that it would be up to Council & Commission to require to attach the site plan to the CUP. Mr. Perez opinion was to exclude the site plan restrictions and include the language that says they have to meet the UDC qualifications to be in conformance. P&Z Chairperson Daniel Tunstall commented on the use on the property and the size of parking spaces for the moving trucks. Councilmember Tony Carbone would like to get to some conclusion with a favorable outcome. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No CUP 17-00016 @ 7:58 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 17-00018 @ 7:59 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit Application No. CUP 17-00018 PURPOSE OF HEARING Conditional Use Permit Application No. CUP 17-00018 ' A request of Rekha Engineering represented by Robert A. Marlowe, applicant, on behalf of R West Development Company; owner, for approval of a Conditional Use Permit (CUP) to allow for a Church building to be located in Single—Family Residential -2 (R-2) zoning district; on approximately 2.081 acres of land. Legal Description: Being 2.08 acres of land, more or less, being a part of Lot 17 of the L.W. Murdock Subdivision of the A.C.H. & B. Survey, Section 2, Abstract 507, Brazoria County, Texas, and being a part of certain called 117.08 acre tract described in a deed from Elizabeth Alexander Nisbett to R. West Development Co., Inc., dated August 30, 1999 and recorded under Clerk's File No. 99-040666, Official Public Records, Brazoria County, Texas (as a proposed plat). General Location: Southside of Pearland Parkway across from Oak Ridge Drive, Peariand,TX. APPLICATION INFORMATION AND CASE SUMMARY Planner Armon Irones gave a presentation with staff report and exhibits. Staff recommends approval of the requested CUP for a Church building on the approximately 2.081 acre site for the following reasons: ' 1. The proposed use of a Church building is compatible with and preserves the character and integrity of adjacent developments and neighborhoods. 2. The proposed use of a Church building does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. 7 1PH MINUTES -SEPTEMBER 11, 2017 3. The proposed use of a Church building does not generate enough traffic to require incorporation of roadway adjustments, traffic control devices or mechanisms. 4. The proposed use of a Church building incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent ' properties. 5. The proposed use of a Church building meets the standards for the R-2 zoning district. A variation of the screening requirement is proposed reducing the 25' required buffer, such variation is necessary to render the use compatible on the site and with adjoining neighborhood. No portion of the building is within that buffer. The buffer will contains landscaping and green space. Owner representative, John English, 5301 Hollister #190 Houston TX 77040 gave a brief presentation and was available for comments and questions. No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Renee McGuire, 3916 Quail Run, Pearland TX 77584, spoke in favor of the proposal. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Councilmember Woody Owens was in favor of the church proposal. Councilmember Trent Perez asked for clarification on the detention for the site. Mr. English explained that Town Lake Estates and Villages of Towne Lake subdivisions already have a regional detention 1 facility that includes a lake. Mr. Perez had a request to add the buffer on the south end of the property to approve the CUP. No comments from the P&Z Commission Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No. CUP 17-00018 @ 8:12 p.m. Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17- 00016 @18:13 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Zone Change Application No. Zone 17-00016 PURPOSE OF HEARING Zone Change Application No. ZONE 17-00016 A request of George Gartner, applicant, on behalf of Julia Faye Ross, owner; for approval of a change in zoning from a Suburban Residential -12 (SR -12) to a General Commercial ' (GC) zoning district; on approximately 9.874 acres of land. Legal Description: Being a 9.874 -acre tract in the H.T. & B.R.R. Co. Survey, Section 9, 8 JPH MINUTES -SEPTEMBER 11, 2017 Abstract No. 234 in Brazoria County, Texas. Said 9.874 -acre tract is part of Lot 27 of the Allison -Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision as recorded in Volume 2, Page 23 in the Brazoria County Plat Records. ' General Location: 2409 and 2421 Max Road, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs gave presentation of staff report and exhibits. There were no comment forms or calls received for this proposal. Staff recommends approval of the requested CUP for a church building on the approximately 2.08 acre site for the following reasons: 1. The proposed use of a church building is compatible with and preserves the character and integrity of adjacent developments and neighborhoods. 2. The proposed use of a church building does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. 3. The proposed use of a church building does not generate enough traffic to require incorporation of roadway adjustments, traffic control devices or mechanisms. 4. The proposed use of a church building incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties. 5. The proposed use does not currently meet the standards for the R-2 zoning district. A variance of the screening requirement is proposed reducing the 25' required buffer ' along the southern property line adjacent to the drainage canal. The applicant is proposing to replace the 25 foot buffer with a 10 foot building setback line with no additional landscaping for the parking area. The variance is necessary to approve the proposal. The site plan up for approval has no portion of the building within that building setback. However, parking is proposed along the property line. If the ZBA does not approve the variance, then the site plan would need to be reconfigured. Applicant George Gartner, 2433 Max Rd., Pearland TX 77581, gave a brief presentation and was available for comments and questions. No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Rod Nicholson, 1719 W. Hedge court, Seabrook TX 77586 and Yon Zhang, 2314 Roy Rd., Pearland TX 77581 both spoke in support of the proposal. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone made comments that he was glad to see this as a zone change and it makes better sense than a PD. Councilmember Gary Moore apologized to ' applicant for the length of time this proposal has taken and agreed with Mr. Carbone that a zone change makes better sense for this property. Councilmember Keith Ordeneaux explained to applicant that Staff is doing what Staff needs to do under the requirements of the future land use plan. Mr. Ordeneaux agreed that it's a right move for that mixed use area. Councilmember David Little was appreciative of applicant wanting to accommodate 9 JPH MINUTES -SEPTEMBER 11, 2017 Staffs and Council's request. Mr. Little felt that it will be a nice addition to the area and is in support of it. Councilmember Trent Perez felt the zone change was appropriate and was in support of the proposal. Councilmember Woody Owens did not have a problem with the proposal and would rather see it in this location rather than on highway 518. ' P&Z Commissioner David Selsky commented on the location proposed was better than the previous proposed location on highway 581. Mr. Selsky was in support of it. P&Z Commissioner Derrell Isenberg agreed with City Council and fell the location was a good fit for an RV storage facility. Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17- 00016 @ 8:28 p.m. Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17- 00017 @ 8:28 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Zone Change Application No. Zone 17-00017 PURPOSE OF HEARING Zone Change Application No. ZONE 17-00017 A request of Amanda R. Bennett, applicantlowner; for approval of a change in zoning from a Single -Family Residential -1 (R-1) to a General Commercial (GC) zoning district; on ' approximately 1.98 acres of land. Legal Description: Being the east 181.00 feet of Lot 2 in Block 5 of Henidge Miller Subdivision of 102 acres of land in Section 5, H.T. & B. R.R. Company Survey, Abstract 237, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 734, Page 237 of the Map Records of Brazoria County, Texas. General Location: 6518 Rice Road, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Planner Armon Irones gave a presentation with staff report and exhibits. Two comment forms were received in opposition to the zone change. Staff does not recommend approval of the requested change in zoning on the approximately 1.98 acre site for the following reasons: 1. The proposed zoning map amendment from R-1 to GC does not implement the policies of the adopted Comprehensive Plan nor the low density residential development that Single -Family Residential -1 (R-1) zoning classification promotes. In addition, retail or commercial uses are encouraged to be located at intersections near residential areas and along major thoroughfares that support high traffic ' volumes as opposed to being located within a single-family residential area. 2. The commercial nature of uses permitted by the change in zoning district classification to GC and the standards applicable to such uses would juxtapose the 10 1PH MINUTES -SEPTEMBER 11, 2017 existing residential uses and would not be appropriate in the immediate area of the land to be reclassified. 3. The proposed change to GC zoning is not in accord with any existing or proposed ' plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to the area. 4. The proposed change in zoning to GC would not substantially affect the public health, safety, morals, or general welfare. Applicant, Amanda Bennett 6518 Rice Rd., Pearland TX 77581 gave a brief presentation and was available for comments and questions. No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Ricky Bort, 6545 Rice Rd. Pearland TX, spoke against the request because the residents are opposed to commercial zoning in a residential area. Mike Knuckey, 6442 Rice Rd., Pearland TX, spoke against the zone change due to a negative impact to the neighbors. Joe Bennett, 10227 Kirkwren Dr., Houston, TX 77089, spoke in favor of the request to allow access to the business only and not rezoning of the entire piece of property. David P. Reyna, 6416 Rice Rd., Pearland TX, spoke against the request due to the zone change may generate extra traffic in the area. Mary Helen Perez, 1618 Hatfield Rd., Pearland TX 77581, spoke against the request due to not wanting commercial zoning and other businesses in the area. Joseph Niscarits, 6518 Rice Rd., Pearland TX 77581, spoke in favor of the request and explained there would not be more traffic generated by the ' change then there is now and gave a description of the proposed driveway with a privacy fence going to the back of the house. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Councilmember Trent Perez was not in favor of the zone change but did feel there are solutions to the situation. Mr. Perez asked Director of Engineering, Robert Upton the status of the platting the right of way from McHard was. Mr. Upton informed that it was in land acquisition at the time and were waiting for final review. Mr. Upton explained the time frame and process for the road way. Mr. Perez would like to see if a variance would allow access to the rear of the property with a repeal. City Attorney Darrin Coker explained the difference between a variance and waiving a requirement temporary. Mr. Coker informed Mr. Perez he would have to look further in the UDC requirements to answer his request. Mr. Perez and Mr. Coker ensued a discussion on finding a creative solution. Mr. Coker explained the difficult position it could put Staff in when asking for a creative solution. Mr. Perez suggested to applicant finding a consultant to assist them. Councilmember David Little was not in support of the zone change but suggested to applicant to pursue other options or temporary solution. Councilmember Keith Ordeneaux commented on the land use and other areas with mixed zoning. Would like to find a way to not delay something that's inevitable. Councilmember Gary Moore was not in favor of the zone change but would like to find a temporary solution to get from the front side of the property to the back until McHard is ' opened up for access. Councilmember Tony Carbone commented that the zone did not make sense but would like to find a solution that makes sense for everybody. 11 JPH MINUTES -SEPTEMBER 11, 2017 P&Z Commissioner David Selsky would be in favor of a temporary waiver for access. P&Z Commissioner Mary Starr agreed with Mr. Selsky to find a way to get access on their property. P&Z Chairperson Daniel Tunstall was undecided on the zone change but was not totally against it. Mr. Tunstall discussed the options where there could be limits to what can ' be allowed in the residential area and added that the Commission is open to suggestion on how they should handle from Staff or otherwise. Councilmember Keith Ordeneaux had a wrap up question to Staff as to when the GC zoning was placed on the property. Senior Planner Martin Griggs informed that the GC line dated back to 1996/1997 zoning map when a portion was first brought in and the other half was later brought in. Discussion ensued regarding the future McHard expansion. Planner Armon Irons had a wrap up comment to clarify that the request is for a 60foot by 130 foot strip to create a flag lot and not the entire lot to be zoned GC. Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17- 00017 @ 9:13 p.m. These minutes are respectfully submitted by: owq'v�'Y Alma donzalds, Office Assistant 1 Minutes approved as submitted on this 911 day of October, 2017 A.D. R" Mayor Tom Reid 12 JPH MINUTES -SEPTEMBER 11, 2017