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2007-02-19 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 19, 2007, 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 7:11 p.m. Mayor Tom Reid opened the hearing for the City Council and for the Planning and Zoning Commission, with the following present: Mayor Tom Reid P & Z Chairperson Ruby Sandars Mayor Pro-Tem Richard Tetens P & Z Vice-Chairperson Sheryl Greiner Council member Kevin Cole P & Z Commissioner Susan Sherrouse Council member Felicia Kyle P & Z Commissioner Neil West Council member Helen Beckman P & Z Commissioner Henry Fuertes Council member Steve Saboe P & Z Commissioner Jerry Koza, Jr. P & Z Commissioner Darrell Diggs Also in attendance: City Attorney Darrin Coker; Deputy City Attorney Nghiem Doan; City Manager Bill Eisen; Assistant City Manager Nicholas Finan; City Engineer Doug Kneupper; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan and Plat Administrator Richard Keller; Planner Tim Chi, and Planning Administrative Secretary Judy Krajca Senior Planner Theresa Grahmann explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission Meeting would not be meeting following the Joint Public Hearing. Mayor Reid opened the hearing for Conditional Use Permit No. CUP2007-01 at 7:14 p.m. A. CONDITIONAL USE PERMIT NO. CUP2007-01 A request by Cisneros Design Group and James Elmore, applicant for Silver Sky Investments LLC and Hung Ngo, owners, for approval of a Conditional Use Permit for a "Minor Auto Repair" facility in the General Business Retail District (GB), on the property Located on the North Side of FM 518 (Broadway Street), and Approximately 600 Feet West of Cullen Boulevard P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The applicant is requesting a Conditional Use Permit for a minor auto repair. The full service car wash is permitted. Staff recommends approval with the conditions outlined in the Staff report. The applicant was present but did not speak. Mr. Bob Amos of 7825 Hughes Ranch Road was present to voice his concern with the traffic on Cullen Rd. He feels there is a need for right turn lanes all along Cullen Rd. Council Member Saboe inquired about Staffs recommendation of the bays orientation and elevation. Senior Planner Grahmann stated that Staff recommends screening and landscaping, or the applicant turn the bays. There was lengthy discussion in regards to shared driveway on each side. The Post Office cannot grant access due to security. The property to the west chose not to grant access. City Engineer Kneupper spoke briefly that the City has talked with the owner to the west, and that he does not want to share access to the entrance and that there is no platted mutual or joint access. Mayor Reid asked if it was mandated in the Corridor Overlay. Council member Cole commented that this was platted before the Corridor Overlay and they were grandfathered. Council member Cole asked City Engineer Kneupper if there were going to be medians on FM 518, and if this will be a right in, right out only. Mr. Kneupper replied yes to both. Commissioner Fuertes asked if the Post Office could back their fence up to allow joint access. P&Z Chairperson Sandars recommended that the applicant turn the bay before the Commissioner sees this again. Senior Planner Grahmann stated the applicant could do a wall and not have bay doors at all facing FM 518. Council member Cole asked the applicant about the layout of the car wash, the exit area, and the right in/right out option. Council member Kyle asked the applicant to come forward. Mr. Ernie Davis, for the applicant came forward. Using a diagram, he showed the layout with explanation, and several alternatives. There was much discussion about the layout and the right in/right out. Planning Director Krishnarao suggested the applicant mirror the project, and Mr. Davis showed a drawing showing this effect. Commissioner West suggests the applicant work with the Planning Staff, and Senior Planner Grahmann stated they would. The Public Hearing for Conditional Use Permit No. CUP2007-01 was adjourned at 7:48 p.m. The Public Hearing for Conditional Use Permit No. CUP2007-02 opened at 7:48 p.m. B. CONDITIONAL USE PERMIT NO. CUP2007-02 A request by James P. Dey, applicant for AT&T, owner, for approval of a Conditional Use Permit for a "Telephone Exchange Switching Relay and Transmitting Equipment" facility in the General Business Retail District (GB), on the property located on the East Side of McLean Road, and Approximately 1,400 Feet North of Bailey Road P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The applicant is asking for a small building that would house internet and phone service equipment. The UDC allows four alternatives to screening, as outlined in the Staff report. Staff recommends approval. Mr. Jim Dey, applicant, of 6500 W. Loop S., Bellaire, TX was present to speak. He showed a diagram of what the building, fencing, and landscaping would look like. Mr. Larry Marcott of 3606 Inverness Court, Pearland, TX was present to speak. In the past, fences and gates have been left open, even after City Council has expressed a concern to AT&T that the gates need to be locked. Commissioner West questioned what area this would be serving. Mr. Dey stated it would serve Pearland within three cable miles. Commissioner West then asked why the applicant felt a need to place this type of building in such a public place. Mr. Dey stated they prefer to hide them, but sometimes it is difficult to find a piece of land for this use. Vice-Chairperson Greiner asked about the four alternatives. She stated she likes the wrought iron fence for the safety of teen traffic, since it will be near a school, and one needs to be able to see through the fence, for trespassers. The Public Hearing for Conditional Use Permit No. CUP2007-02 adjourned at 8:07 p.m. The Public Hearing for Zone Change No. 2007-02Z opened at 8:07 p.m. C. ZONE CHANGE NO. 2007-02Z A request by Julio Lybrand, applicant for James and Debora Bailey, owners, 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 Single Family Estate District (RE) to Neighborhood Service District (NS), on the property located on the North Side of County Road 59, and on the West Side of future Kirby Drive P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The zone change to Neighborhood Services (NS) does comply with the future land use plan. Staff recommends approval. Mr. Julio Lybrand, applicant, of New Braunfels, Texas spoke. He stated they plan to acquire the land in April 2007, and will dedicate the Right-of-Way of Kirby Drive, and build neighborhood facility in the future. No one was present to speak for or against the zone change. Commissioner West asked how many retail nodes the City has working for the City. Staff replied that Southfork, Manvel and Bailey, Fite Rd. named a few. The zoning has been approved, but not all developed yet. Commissioner Diggs asked for clarification of the ETJ and if County Road 59 was the city limits. Senior Planner Grahmann stated that staff is not required to notify owners outside the City of Pearland. Planning Director Krishnarao stated the reason nodes are not developed is because in most cases, the roads are not built yet. The major streets built are FM 518, Highway 288, and Pearland Parkway. These are zoned Commercial. The Public Hearing for Zone Change No. 2007-02Z was adjourned at 8:15 p.m. The Public Hearing for Zone Change No. 2007-03Z opened at 8:15 p.m. D. ZONE CHANGE NO. 2007-03Z A request by the City of Pearland, 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 Cullen Mixed Use District (C-MU) to General Business Retail District (GB), on the property located on the East Side of Cullen Boulevard. and Approximately 800 Feet North of FM 518 (Broadway Street) P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The City of Pearland is the applicant. This is the future site of the Public Safety building. Staff recommends approval. Mayor Reid spoke on behalf of the applicant stating this would be the home of the new Police Station, and the new EMS center. Mr. Bob Amos of 7825 Hughes Ranch Rd., Pearland, TX spoke in opposition of the zone change due to traffic problems. He asked if Cullen Blvd. would ever be widened. Mayor Reid referred to the Cullen Blvd. workshop that the Council held earlier in the evening on this very topic. They are working with the state to widen Cullen Blvd. to four lanes and working to expedite this as quickly as possible. Council member Cole thanked Mr. Amos for coming out and speaking and that the City's goal was to have Cullen Blvd. opened all the way by the end of 2009. Commissioner Koza, Jr. asked if the Fire station would have access to Chocolate Bayou Road, and was told yes. They will have two entrances/exits. There was brief discussion among the Council/Commission with the Commission mainly wanting to know who would occupy the new facility, and why this location. Council member Beckman stated the City already owned the property, and with the growth of the City mostly to the west, Cullen Blvd. is centrally located for the city. ADJOURNMENT Mayor Reid adjourned the hearing at 8:37 p.m. These minutes are respectfully submitted by: Judy Kr 'ca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 12th day of March , A.D., 2007. (s) Mayor Tom Reid