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2007-11-19 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 NOVEMBER 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 7:04 p.m. Mayor Tom Reid opened the hearing for the City Council and for the Planning and Zoning Commission, with the following present: Mayor Torn Reid P & Z Chairperson Henry Fuertes Mayor Pro Tern Steve Saboe P & Z Commissioner Neil West Council Member Kevin Cole P & Z Commissioner Susan Sherrouse Council Member Felicia Kyle P & Z Commissioner Darrell Diggs Council Member Helen Beckman P & Z Commissioner Jerry Koza, Jr. Council Member Woody Owens P & Z Commissioner Charles Gooden, Jr. P & Z Commissioner Ron Capehart Also in attendance: City Attorney Darrin Coker; Deputy City Attorney Nghiem Doan; Assistant City Engineer Lawrence Provins; City Manager Bill Eisen; City Engineer Narciso Lira; Public Works Director Danny Cameron; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan and Plat Administrator Richard Keller; Planner Tim Chi, and Planning Administrative Secretary Judy Krajca. P & Z Commissioner Jerry Koza, Jr. arrived at 7:19 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 Conditional Use Permit No. CUP2007-19 opened at 7:04 p.m. CONDITIONAL USE PERMIT NO. CUP2007-19 A request by Will Benson and TNRG Acquisitions, applicant for Eisie M. Pitsenbarger Living Trust, 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; office warehouse storage or sales; outside storage; storage of used lumber and building products; tool and machinery rental; welding shop; and warehouse and distribution facility; in the General Commercial District (GC). '46b' Senior Planner Grahmann read the Staff report stating that Staff recommends Page 1 of 5 JPH Minutes 11-19-07 approval. No public comment forms were received for this permit. Mr. Will Benson of 15120 N.W. Freeway, Houston, Texas spoke on behalf of the applicant. There was no one present to speak for or against the Conditional Use Permit. There was some discussion among the Council/Commission/Staff, with Planning Director Krishnarao stating that the standards are higher under a General Commercial (GC) zone. The Public Hearing for Conditional Use Permit No. CUP2007-19 adjourned at 7:19 p.m. Commissioner Jerry Koza, Jr. arrived at 7:19 p.m. The Public Hearing for Conditional Use Permit No. 2007-21 opened at 7:19 p.m. CONDITIONAL USE PERMIT NO. 2007-21 A request by Barbara Lee, applicant for Lynn Nichols, owner, for approval of a Conditional Use Permit for a "gaming establishment" facility in the Old Townsite General Business District (OT-GB). Senior Planner Grahmann read the Staff report stating that Staff recommended approval of the permit. Ms. Barbara Lee of 3409 Huisache Blvd, Pearland, Texas spoke and explained her plans for the game room. In addition, Ms. Lee apologized to the City Council, Planning and Zoning Commission, and Staff for comments made at a previous meeting. She stated that her words might have offended some, and she extended her apology, while also thanking them for their time. Ms. Beth Orovetz of 3801 E. Plum, Pearland, Texas spoke against the permit. Ms. Orovetz stated her business is across the street and she does not want the game room located near her business. There was much discussion among the Council and Legal in regards to the doors being locked, the windows being tinted, hours of operation, gambling, and Ms. Lee's familiarity with State Laws and City Laws in regards to her business. The public hearing for Conditional Use Permit No. 2007-21 adjourned at 7:34 p.m. The public hearing for Amendments to the Master Thoroughfare Plan opened at 7:34 p.m. Page 2 of 5 JPH Minutes 11-19-07 AMENDMENTS TO THE MASTER THOROUGHFARE PLAN A request of the City of Pearland, for an amendment to the Master Thoroughfare Plan, generally affecting the following roadways: The northern end of Alexander Lane, the northern end of Manchester Lane, and the connection of a collector street to Barry Rose Road Senior Planner Grahmann read the Staff report stating Staff did not received any public comment forms, and that Staff recommends approval. Mr. David Miller of 3603 W. Pine Orchard, Pearland, Texas spoke on behalf of the church. There was some discussion between the Council/Commission/Staff in regards to a traffic study, median cut at London Court and Barry Rose Road, and size of road. The Public Hearing for Amendments to the Master Thoroughfare Plan adjourned at 7:50 p.m. The Public Hearing for Zone Change No 2007-19Z opened at 7:51 p.m. ZONE CHANGE NO. 2007-19Z A request by New Life Lutheran Church, applicant for Robert Alexander and Tom Alexander, 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 Residential — 2 District (R-2) and General Business Retail District (GB) to Planned Development District (PD). Planning Director Krishnarao presented the Planned Development. Staff received three public comment forms, with only one being opposed. Staff recommends approval. Dr. Milton Thomas of 3610 Parkside Dr., Pearland, Texas spoke on behalf of the applicant and addressed some concerns in the PD. Mr. Steve Kinney of 2116 Tower Bridge Rd., Pearland, Texas spoke in opposition with numerous questions and concerns that he feels needs to be addressed further. Mr. Dave Miller of 3603 W. Pine Orchard, Pearland, Texas spoke and thanked Staff for their assistance. Mr. Miller addressed several of the issues that Mr. Page 3 of JPH Minutes 11-19-07 Kinney brought up, as well as the sewer line and the ingress/egress issue. Mr. Tom lngrebretdtsen of 2123 Tower Bridge, Pearland, Texas spoke in favor of the PD. Mr. Tom Melenric of 3007 London Ct., Pearland, Texas spoke with concern to the traffic on London Court, and why homes could not be put in. Mr. Johnie Holland of 2110 Eton, Pearland, Texas spoke and stated that the church did initially look for a developer to put homes in on the other side of the church, but could not find anyone wanting to build. Council Member Kevin Cole inquired about the landscaping buffer, and asked Legal to explain the exchange of land with the church. City Attorney Darrin Coker explained the exchange is the Right-of-Way for valuation. Council Member Steve Saboe inquired about the ingress and egress, the shared mutual access, and location of driveway and roads. Commissioner Neil West commended City Engineer Narciso Lira and Public Works Director Danny Cameron for their work on the Master Thoroughfare Plan. The Public Hearing for Zone Change No. 2007-19Z adjourned at 8:22 p.m. The Public Hearing for Amendments to the Unified Development Code opened at 8:23 p.m. AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE A request by the City of Pearland, for an amendment to the Unified Development Code (UDC), Ordinance No. 2000T. Planning Director Krishnarao read the staff report and applicant presentation. She stated that the only feedback she received from the Council/Commission was from Commissioner Charles Gooden, Jr. Mr. Gooden, Jr. inquired about the City being responsible for sidewalks. There was no one in the audience to speak for or against the amendment. Council Member Saboe stated that the sidewalks in the Capital Improvement Plan (CIP) would require significant change, and would be costly to the city. He otherwise agreed that this was a good idea. Council Member Cole agreed. Commissioner Sherrouse inquired about the masonry fence. Mayor Tom Reid thanked Staff for addressing issues in the UDC. Page 4 of 5 JPH Minutes 11-19-07 AN. The Public Hearing for Amendments to the Unified Development Code adjourned at 8:36 p.m. ADJOURNMENT Mayor Reid adjourned the joint public hearing at 8:36 p.m. These minutes are respectfully submitted by: Judy Krajca U ' Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 10th day of December 2007, A.D. J. Tom Reid •�► Mayor Page 5 of 5 JPH Minutes 11-19-07