2008-05-19 CITY COUNCIL AND PLANNING AND ZONING COMMISION JOINT PUBLIC HEARING MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,
TEXAS, HELD ON MAY 19, 2008, AT 6:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The public hearing was called to order at 6:34 p.m. Mayor Pro-Tern Helen
Beckman opened the hearing for the City Council and P&Z Chairperson Henry
Fuertes opened the hearing for the Planning and Zoning Commission, with the
following present:
Mayor Pro-Tem Helen Beckman P & Z Chairperson Henry Fuertes
Council Member Kevin Cole P & Z Vice-Chairperson Jerry Kozo, Jr.
Council Member Steve Saboe P & Z Commissioner Neil West
Council Member Woody Owens P & Z Commissioner Susan Sherrouse
Council Member Felicia Kyle P & Z Commissioner Darrell Diggs
P & Z Commissioner Charles Gooden, Jr.
P & Z Commissioner Ron Capehart
Also in attendance: City Manager Bill Eisen; Assistant City Manager Nick Finan;
Assistant City Manager Mike Hodge; City Attorney Darrin Coker; Deputy City
Attorney Nghiem Doan; Planning Director Lata Krishnarao; Senior Planner
Theresa Grahmann; and Planning Administrative Secretary Judy Krajca.
(Commissioner Capehart arrived at 6:45 p.m.)
Senior Planner Theresa Grahmann explained the Joint Public Hearing process
for the attending public, and explained that the Planning & Zoning Commission
Meeting would be following the Joint Public Hearing.
The public hearing for Amendment to the Master Thoroughfare Plan was opened
at 6:38 p.m.
CONSIDERATION & POSSIBLE ACTION — Amendment to the Master
Thoroughfare Plan
Amendment to the Master Thoroughfare Plan
A request by the City of Pearland, for an amendment to the Master Thoroughfare
Plan, generally affecting the following roadways:
Northfork Drive, extending from Old Chocolate Bayou Road to Manvel Road (FM
1128); and Hillhouse Road, extending from Hughes Ranch Road (CR 403) to
future McHard Road
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Senior Planner Grahmann read the staff report with a recommendation for
approval.
There was no one present to speak for or against the Amendment.
Council Member Cole inquired about the retail node and if an 80 feet Right of
Way should be requested for Hillhouse Road, instead of a 60 feet Right of Way
due to the school development. Mr. Cole also commented that a school is
located at the end of Northfork Drive.
Senior Planner Grahmann commented that it might be best to have P&Z table
the item in order for the Planning Department to meeting with the Engineer.
The public hearing for Amendment to the Master Thoroughfare Plan was
adjourned at 6:49 p.m.
The public hearing for Conditional Use Permit No. CUP2008-17 was opened at
6:49 p.m.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No.
CUP2008-17
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by Environmental Services Group, Inc., applicant for Airgas Specialty
Gases, Inc., owner, for approval of a Conditional Use Permit for a "petroleum
product extraction, refining, manufacturer, and storage" facility, in the Heavy
Industrial District (M-2), on the following described property, to wit:
Legal Description: 14.7071 acres of land out of lots 172 and 173 of the
Zychlinski Subdivision out of the H.T. & B.R.R. Company Survey, Section 27,
Abstract 308, and the G. C. Smith Survey, Section 28, Abstract 551, according to
the plat recorded in Volume 29, Page 9, of the Deed Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the West Side of State Highway 35
(Main Street), and on the South Side of Industrial Drive
Senior Planner Grahmann read the staff report making a recommendation that
Platting take place within six months of approval.
Mr. Dan Farris of 142 Red Cedar Ave., Myrtle Beach, South Carolina spoke on
behalf of the applicant.
There was no one present to speak for or against the CUP.
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Council Member Cole inquired about the flare stack, and Mr. Farris explained
their purpose.
Council Member Saboe asked Senior Planner Grahmann what was triggering the
CUP. Ms. Grahmann explained that staff is working with Airgas Specialty on
their permit while applying for a CUP, which would make the entire site in
conformance.
Council Member Saboe inquired if the Fire Marshal has looked at the product
and if a CUP is required. Mayor Pro-Tem Beckman stated her concern was the
citizen's safety.
P&Z Vice Chairperson Koza, Jr. stated that from personal experience, Airgas
Specialty will always improve whatever they take over, and he has confidence
they will do so in this case.
Discussion continued among the Council/Commission/Applicant.
Mr. Eric Goodman of 5123 Stone River Ave, Baton Rouge, LA spoke in more
detail about the flaring process.
The public hearing for Conditional Use Permit No. 2008-17 was adjourned at
7:16 p.m.
The public hearing for Conditional Use Permit No. CUP2008-16 and Zone
Change No. 2008-08Z were opened concurrently at 7:16 p.m.
CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No.
CUP2008-16
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by Will Benson of The National Realty Group, applicant for Hiep Pham,
Inc., owner, for approval of a Conditional Use Permit for the following uses:
construction contractor with storage yard; machinery sales, storage, and repair;
moving and storage company; printing company; office warehouse storage and
sales; outside storage; storage of used lumber and building products; tool and
machinery rental; welding shop; warehouse and distribution facility; in the
General Commercial District (GC), on the following described property, to wit:
Legal Description: 6.00 acres of land, approximately, being a portion of Lots
37A, 37B, Abstract 542, and Tracts 36A-36C1, Abstract 233, H.T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of State Highway 35
(Main Street), and on the South Side of Halik Road
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Senior Planner Grahmann read the staffs report recommending approval for both
the CUP and Zone Change.
The applicant was not present, but a representative was. Mr. Steve Robinson of
2614 Sleepy Hollow, Pearland, TX spoke
There was no one present to speak for or against the CUP or Zone Change.
Council Member Saboe inquired as to why the CUP was being heard before the
Zone Change. Much discussion ensued, with comparison to the future Land Use
Map.
Council Member Cole recommended that P&Z table the Zone Change in order
for the applicant to answer question's that Council has.
Council Member Kyle stated she does not see a problem with P&Z voting on the
CUP. Council Member Saboe stated he would rather P&Z not vote until the
applicant can answer questions with regards to screening.
The public hearing for Conditional Use Permit No. CUP2008-16 and Zone
Change No. 2008-08Z were adjourned concurrently at 7:49 p.m.
CONSIDERATION & POSSIBLE ACTION —Zone Change No. 2008-08Z
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by Will Benson of The National Realty Group, applicant for Hiep Pham,
Inc., owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the
City of Pearland, for approval of a change in zoning district from classification
General Commercial District (GC) to Light Industrial District (M-1), on the
following described property, to wit:
Legal Description: 6.42 acres of land, approximately, being a portion of Lots
37A, 37B, Abstract 542, and Tracts 36A-36C1, Abstract 233, H.T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of State Highway 35
(Main Street), and on the South Side of Halik Road
See comments under CUP 2008-16.
The public hearing for Conditional Use Permit No. CUP2008-16 and Zone
Change No. 2008-08Z were adjourned concurrently at 7:49 p.m.
The public hearing for Zone Change No. 2008-12Z was opened at 7:49 p.m.
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CONSIDERATION & POSSIBLE ACTION —Zone Change No. 2008-12Z
A request by CBL and Associates, Inc., owner, for an amendment to Ordinance
No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in
zoning district from classification Planned Development District (PD) to Planned
Development District (PD), an amendment to the existing PD for Pearland Town
Center, on the following described property, to wit:
Legal Description: 142.9664 acres of land out of Pearland Town Center, a
subdivision of 143.6500 acres as recorded under File Number 2007008914 of the
Plat Records of Brazoria County, Texas, and situated in the H.T. & B.R.R.
Company Survey, Abstract 300, Section 81, City of Pearland, Brazoria County,
Texas
General Location: Generally Located on the South Side of Broadway Street, on
the East Side of Kirby Drive, and on the West Side of Business Center Drive.
P&Z Chairperson Fuertes read the purpose of the hearing.
Planning Director Krishnarao read the staff report with discussion centered on
parking ratios, transparency, and signage.
Mr. Ken Wittier of CBL &Associates, 6148 Lee Highway, Chattanooga, TN spoke
on behalf of the applicant.
Mr. Larry Marcott of 3606 Inverness Court spoke and commented that all towns
listed in comparison of the parking had public transportation. He recommended
the City stay with our requirements, outlined in the UDC.
Council Member Saboe stated he only had an issue with the parking. There was
discussion among the Council and Mr. Wittier with regards to the proposed
reduction of 1.5 spaces per unit.
Council Member Kyle asked for more comparable cities parking ratio, such as
Sugar Land.
The public hearing for Zone Change No. 2008-12Z was adjourned at 8:27 p.m.
ADJOURNMENT
Mayor Pro-Tem Helen Beckman adjourned the series of hearings at 8:28 p.m.
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These minutes are respectfully s bmitted by:
Judy J Kra'ca tAj911 U C-6L
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 9th day of June 2008,
A.D.
Mayor Tom eid
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