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2007-07-16 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 JULY 16, 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 7:32 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 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 Woody Owens P & Z Commissioner Darrell Diggs Council Member Steve Saboe Also in attendance: City Attorney Darrin Coker; Deputy City Attorney Nghiem Doan; City Manager Bill Eisen; Assistant City Manager Nicholas Finan; Assistant City Engineer Narciso Lira; 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 be meeting following the Joint Public Hearing. Mayor Reid opened the hearing for Zone Change No. 2007-08Z at 7:35 p.m. A. CONSIDERATION & POSSIBLE ACTION--ZONE CHANGE NO. 2007-08Z A request by Domodar Battu, applicant for Kubera Investments Partnership, 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 Business Retail District (GB) and Single Family Residential — 1 District (R-1) to General Commercial District (GC). Vice-Chairperson Greiner read the purpose of the hearing. Senior Planner Grahmann read the Staff report stating that the applicant has plans to construct retail, office, and service related uses on the subject property. The property is currently undeveloped, and will need to be platted, prior to the issuance of a building permit. Staff recommends denial of the zone change for General Commercial (GC), but would support a zone change for General Business (GB) for the reasons stated in the Staff report. The applicant was not present to speak for or against the Zone Change. There was no one present to speak for or against the Zone Change. Council member Kyle stated she agreed with Staff's recommendation. The public hearing for Zone Change No. 2007-08Z was adjourned at 7:43 p.m. The public hearing for Conditional Use Permit No. 2007-13 was opened at 7:43 p.m. B. CONSIDERATION & POSSIBLE ACTION—CONDITIONAL USE PERMIT NO. CUP2007-13 A request by Tal-Con and Chris Talbert, applicant for Town Lake, L.P. and Renee McGuire, owner, for approval of a Conditional Use Permit for a "Mini-Warehouse and Self Storage" facility in the General Commercial District (GC). Vice-Chairperson Greiner read the purpose of the hearing. Senior Planner Grahmann read the Staff report stating new Public Comment Forms were received. Staff recommended denial for the reasons stated in the Staff report. The owner, Renee McGuire of 7918 W. Broadway #106, Pearland, TX 77581 spoke in favor and showed the Site Plan and future plans of the area, both north and south. President of Tal-Con, Charlie Talbert of 7501 Westview Dr., Houston, TX 77055 showed site plans and spoke in favor. Chris Talbert of Tal-Con, 7501 Westview Dr. Houston, TX 77055 spoke in favor while giving a more descriptive overview. The following spoke in favor or against the conditional use permit. Mr. Greg McAuley of 3909 Travis Lake Ct., Pearland, TX 77581, spoke on behalf of the homeowners association of Towne Lake Estates, expressing concerns with the effect on the neighborhood, and the aesthetics as you approach the area. Mr. Ronald Reed Leistad of 4147 S. Main St., Pearland, TX 77581, spoke as owner of the storage facility further south on Main St. Mr. Leistad feels the CUP for this facility is not in the, best interest of other storage facilities and asked the Planning and Zoning Commission to deny the CUP. Mr. Larry Marcott of 3606 Inverness Ct., Pearland, TX 77581 , spoke that this was not the highest and best of use of the property. Mr. Marcott asked that the comments from tonight and from the June 4, 2007 meeting be considered. Dr. Britta Thompson of 3904 Canyon Lake Drive, Pearland, TX 77581 spoke in opposition for the following reasons: her children's safety due to concern of what is stored in the facilities, drainage and flooding, and asked that zoning of Neighborhood Services be looked at for this area on Main St. Council Member Cole inquired about the future plans for drainage of this area. Mr. John English of Rekha Engineering, 5101 Hollister, Houston, TX spoke of their plans. Council Member Saboe stated he agreed with Mr. Marcott, that this was not the highest and best use of the land. Commissioner Diggs inquired about a Planned Unit Development. Council Member Owens stated it may not be the highest and best use of the land, but could be worse. Mr. Owens stated he felt this was an acceptable use. Council Member Cole talked about the monitoring of the facility. Mr. Chris Talbert stated that the applicants would be screened before leasing to them. Mr. Cole asked about doing a market study of storage facilities, their needs, and occupancy. Mr. Cole also added he was in favor of a PD, as Commissioner Diggs had commented on. Commissioner Sherrouse also stated she was in agreement with a PD. The public hearing for Conditional Use Permit No. 2007-13 was adjourned at 7:43 p.m. The public hearing for Conditional Use Permit No. 2007-11 was opened at 7:43 p.m. C. CONSIDERATION & POSSIBLE ACTION— CONDITIONAL USE PERMIT NO. CUP2007-11 • A request by Karen Whitaker, applicant for Massoud Motamedi, owner, for approval of a Conditional Use Permit for a "child day care center" in the Garden O'Day Mixed Use District (GO-MU). Commissioner Sherrrouse read the purpose of the hearing. Senior Planner Grahmann read the Staff report stating the applicant already provides a child care in her home on the subject property, but the facility is limited to 8 children or less. The applicant wants to expand the facility and move the day care to another structure located on the subject property, thus providing more room to allow more children. Staff recommends denial of the CUP, for reasons stated in the Staff report. Mr. Derron Whitaker of 2538 O'Day Rd., Pearland, TX 77581 spoke on behalf of the applicant emphasizing the need for infant daycare. There was no one present to speak for or against the CUP. Council Member Cole stated that in general, he likes what the applicant has proposed. Commissioner West asked what they are lacking, meeting the setbacks. Planning Director Krishnarao stated that Staff would not know until they submitted a site plan. There was much discussion among the Council/Commission/Staff. Council Member Sabao asked if the CUP treated which building they operated out of. Senior Planner Grahmann explained that this could be added as a condition to the CUP. Mr. Massoud Motamedi, owner, of 14311 Harvest Oaks Ct., Houston, TX 77062 spoke about the challenges the owners have in the mixed-use district. Discussion ensued over Mixed-Use Districts, and buffering and parking. The public hearing for Conditional Use Permit No. 2007-11 was adjourned at 9:09 p.m. ADJOURNMENT Mayor Reid adjourned the hearing at 9:09 p.m. These minutes are respectfully submitted by: ".67 14/4/611: Judy Kr ca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 12th of November, A.D., 2007. ")' a-22 Mayor Tom Reid