2008-02-18 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 18, 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 6:54 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 Henry Fuertes
Mayor Pro Tem Steve Saboe P & Z Vice-Chairperson Jerry Koza, Jr.
Council Member Kevin Cole P & Z Commissioner Neil West
Council Member Helen Beckman P & Z Commissioner Susan Sherrouse
Council Member Woody Owens P & Z Commissioner Darrell Diggs
P & Z Commissioner Charles Gooden, Jr.
P & Z Commissioner Ron Capehart
Also in attendance: Assistant City Manager Nick Finan; Assistant City Manager
Mike Hodge; Deputy City Attorney Nghiem Doan; 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 following the Joint Public Hearing.
The public hearing for Conditional Use Permit No. CUP2008-05 and Conditional
Use Permit No. CUP2008-06 was jointly opened at 6:56 p.m.
CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No.
CUP2008-05
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by Troy and Peggy Stalcup, owners, for approval of a Conditional Use
Permit for "agricultural animal husbandry" in the Suburban Residential — 15
District (SR-15), on the following described property, to wit:
Legal Description: 0.860 acres of land, being Lot 9, Block 10, of West Lea,
Section 2, according to the map or plat thereof recorded in Volume 11 , Page 69,
of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria
County, Texas; located at 3814 Blue Bird Way.
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CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No.
CUP2008-06
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by Dorothy Black, owner, for approval of a Conditional Use Permit for
"agricultural animal husbandry" in the Suburban Residential — 15 District (SR-15),
on the following described property, to wit:
Legal Description: 0.860 acres of land, being Lot 10, Block 8, of West Lea,
Section 2, according to the map or plat thereof recorded in Volume 11, Page 69,
of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria
County, Texas; located at 3826 Wingtail Way
Both CUP's were presented together.
Senior Planner Grahmann read the staff report giving a brief history of how this
came to the City of Pearland's attention. Staff received numerous public
comment forms, with the majority being in opposition.
Owner, Peggy Stalcup of 3814 Blue Bird Way, Pearland, TX spoke at length
reading a letter beginning with her purchasing the property with the intent to raise
Ag animals.
Owner, Dorothy Black of 3626 Wingtail Way, Pearland, Texas read a lengthy
letter asking the City Council and the Planning and Zoning Commission to
reconsider the current ordinance.
The following spoke in opposition:
Chris Pratka of 3905 Meadowlark Way, Pearland, Texas opposed, as ordinance
is in place for a reason.
Alfred R. Flores of 4010 Wingtail Way, Pearland, Texas opposed, as deed
restrictions being in place, and signs being located in front of each entrance of
the subdivision.
Trish Pratka of 3905 Meadowlark Way, Pearland, Texas opposed, as deed
restrictions already in place and were published in the Civic Center newsletter.
Bill Baldy of 3714 Wingtail Way, Pearland, Texas opposed, as deed restrictions
having been in place and acknowledges that they are there for a reason. He
expressed sympathy for the two homeowners if they received false information
from the City.
Lester Joe Urban of 4029 Meadlowlark Way, Pearland, Texas opposed, as
existing ordinance has been in place and needs to be enforced, but ask that the
City give the two homeowners consideration in removing the animals.
Mike O'Day of 6213 Dublin Lane, Pearland, Texas supports the Stalcups', but
agrees the ordinance needs to be enforced and challenged the City to provide
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land for such facilities.
Martha Maxwell of 3649 Wingtail Way, Pearland, Texas opposed, as deed
restrictions are in place and must be followed by all. It is good to teach children
about FFA and the care of animals, however, it is also good to teach children
about rules and ordinances.
The following spoke in favor:
Hailey Pavlowich of 3814 Bluebird Way, Pearland, Texas in favor and feels the
ordinance should be done away with.
Sharon Vollers of 4010 Joe Dr., Pearland, Texas in favor and asked the City
Council and Planning and Zoning Commission to change the ordinance because
there is no scientific basis for the acreage vs. number of animal's theory.
Chelsea Pavlowich of 3814 Bluebird Way, Pearland, Texas in favor while reading
a letter speaking primarily of the FFA program.
Patric Paul of 12421 Roy Rd., Pearland, Texas in favor because of the FFA and
4-H program. Teaches kids to take responsibility of an animal, and not out
getting into trouble.
Vernon Huffman of 6721 Meadow Lane, Pearland, Texas agreed with Mr. Paul.
Patric Paul, Jr. of 12421 Roy Rd., Pearland, Texas in favor and talked about how
neat and clean the Stalcups' keep their barn and show area.
Carol Compton of 6821 Meadow Lane, Pearland, Texas in favor and commented
on Pearland's' statement of "where town and country meet".
Council Members Cole, Saboe, Beckman, and Owens all spoke with support of
the City enforcing the ordinance that exist. There was discussion that maybe the
ordinance needs to be reviewed to determine the type of animal and the number
of animals allowed per acreage, but for now, all were in favor of honoring the
existing ordinance. Council Member Cole stated he agreed with Martha
Maxwell's comment, and several Council Members asked if the applicants could
supply the name of the City staff that gave them false information, preferably in
writing. There was some discussion in regards to Mike O'Day's comment of the
City offering land for the students. Mayor Pro-Tern Saboe commented that
maybe a meeting with Pearland ISD be set up twice a year to discuss the issue
of Ag land available for students to raise their animals. Council Member
Beckman does not feel the City should provide land or a barn, but feels the City
could support the school district and support them with a bond, in order to build a
new facility for more animals.
Commissioner Capehart agrees that the ordinance should be reviewed to
determine the acreage vs. animals; and, ask that a grace period be extended to
the two families.
Mayor Reid agreed that the ordinance be reviewed, but for now, it is in place and
the homeowners need to abide by the ordinance.
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Mayor Pro-Tern Saboe and Council Member Owens both agreed that a grace
period should be discussed at the March 10th meeting.
The public hearing for Conditional Use Permit No. CUP2008-05 and Conditional
Use Permit No. CUP2008-06 were jointly adjourned at 8:17 p.m.
The public hearing for Conditional Use Permit No. CUP2008-07 was opened at 8:19
p.m.
CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No.
CUP2008-07
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by Patricia E. Mercer, owner, for approval of a Conditional Use Permit
for "agricultural animal husbandry" in the Single Family Residential — 1 District
(R-1), on the following described property, to wit:
Legal Description: 3.266 acres, being Lot 18B, 1861 , 18C1, 19E, 19E1 , and
19F1 , Willetts Subdivision, Abstract 70, W. D. C. Hall Survey, City of Pearland,
Brazoria County, Texas; located at 1807 Taylor Lane.
Senior Planner Grahmann read the staff report. Staff did not receive any
complaints, but did receive two letters in support and two Public Comment forms
in support. Ms. Grahmann stated the applicant does comply with the ordinance.
Staff recommends approval.
Owner, Patricia Mercer of 1807 Taylor Lane, Pearland, Texas spoke briefly
stating her wish is to replace the existing barn and improve the property.
There was no one present to speak for or against.
There was no comment from Council/Commission.
The public hearing for Conditional Use Permit No. CUP2008-07 was adjourned at
8:24 p.m.
The public hearing for Conditional Use Permit No. CUP2008-08 was opened at
8:24 p.m.
CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No.
CUP2008-08
P&Z Chairperson Fuertes read the purpose of the hearing.
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A request by Julie Lesage, applicant for Jung H. Kwak, owner, for approval of a
Conditional Use Permit for a "language/learning center" facility in the Cullen
Mixed Use District (C-MU), on the following described property, to wit:
Legal Description: 2.389 acres of land out of Lot 59, of the Allison Richey Gulf
Coast Home Company Subdivision of the H.T. & B.R.R. Company Survey
Number 20 (F.B. Drake), Abstract 506, City of Pearland, Brazoria County, Texas,
generally located on the West Side of Cullen Boulevard, and Approximately 750
Feet North of FM 518 (Broadway Street).
Senior Planner Grahmann read the staff report and recommended approval.
Staff received no public comment forms.
Applicant, Julie Lesage of 3511 N. Hampton Ct, Pearland, Texas made a brief
statement.
Owner, Jung Kwak of 2621 Sunfish Drive, Pearland, Texas asked
Council/Commission/Staff to look into permitted uses for General Business
(GB)/Retail. Mr. Kwak stated several of his tenants have had to go through the
long process of obtaining a conditional use permit before being able to open their
business.
Council Member Cole asked staff about a review of the UDC and the Table of
Uses.
Assistant City Manager Finan stated that Staff is currently researching this.
Issues such as traffic may be a concern, when considering the uses. Mayor Pro-
Tern Saboe agreed.
The public hearing for Conditional Use Permit No. 2008-08 adjourned at 8:39
p.m.
The public hearing for Conditional Use Permit No. 2008-09 opened at 8:39 p.m.
CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No.
CUP2008-09
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by USC Express, LLC, owner, for approval of a Conditional Use Permit
for a "mini-warehouse and self storage" facility in the General Business Retail
District (GB), on the following described property, to wit:
Legal Description: Lot "C" of W. C. Properties, a subdivision situated in Section
AM lk
85 of the H.T. & B.R.R. Company Survey, Abstract 304, City of Pearland,
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Brazoria County, Texas; generally located on the North Side of FM 518
(Broadway Street), and on the East Side of Miller Ranch Road.
Senior Planner Grahmann stated this hearing has been rescheduled until March
17, 2008, due to an error in the staff report.
The public hearing for Conditional Use Permit No. CUP2008-10 opened at 8:40
p.m.
CONSIDERATION & POSSIBLE ACTION - Conditional Use Permit No.
CUP2008-10
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by Monty Hudson, applicant for Bharat Bhakta, owner, for approval of
a Conditional Use Permit for "additional building height for a hotel" facility in the
Office and Professional District (OP), on the following described property, to wit:
Legal Description: 1.995 acre tract of land in the H.T. & B.R.R. Company
Survey, Abstract 304, being a portion of Lot 39 of the Allison Richey Gulf Coast
Home Company Suburban Gardens Subdivision, Section 85, as shown on plat
recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas,
City of Pearland, Brazoria County, Texas; generally located on the North Side of
FM 518 (Broadway Street), and on the West Side of Miller Ranch Road.
Senior Planner Grahmann read the staff report with staff recommending
approval.
Applicant, Monty Hudson of 2902 Founders Way, Arlington, Texas spoke briefly.
There was no one present to speak for or against.
Council Member Cole asked about the height restriction of the building.
Senior Planner Grahmann stated that the Council/Commission can propose
language to read what they have proposed and specify a height of roof and
windows.
Planning Director Krishnarao added that a drawing can be included in the
language.
Chairperson Fuertes expressed concern for the homeowners if the building was
built to high.
The public hearing for Conditional Use Permit No. CUP 2008-10 was adjourned
at 8:52 p.m.
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The public hearing for Zone Change 2008-05Z was opened at 8:52 p.m.
CONSIDERATION & POSSIBLE ACTION — Zone Change 2008-05Z
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by Richard A. Tarrer, Felton Baker, Mary Starr, David Miller, Lucy
Gehring, Alice Gehring, Ray Nunez, Mike Martin, Darwin Macalister, and
Pearland Square Condominium Association, 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 — 3 District
(R-3) to General Business Retail District (GB), on the following described
property, to wit:
Legal Description: Tract "A" and Tract "B" and Tract "C" of Whispering Winds
General Business Reserve, out of the Thomas J. Green Survey, Abstract 198, a
per the plat recorded in Volume 17, Pages 93 and 94, of the Plat Records of
Brazoria County, Texas, City of Pearland, Brazoria County, Texas; generally
located on the North Side of FM 518 (Broadway Street), and on the West Side of
Westminister Drive.
Senior Planner Grahmann read the staff report stating the subject property does
comply with the reasons given. Staff received a few Public Comment Forms in
favor.
Owner, Richard Tarrer of 2920 Green Tee Drive, Pearland, Texas spoke and
asked if a refund of the zone change application fee be considered.
There was no one present to speak for or against.
There was brief discussion among the Council/Commission/Staff.
The public hearing for Zone Change Application No. 2008-05Z adjourned at 8:58
p.m.
The public hearing for Zone Change Application No. 2008-06Z opened at 8:59
p.m.
CONSIDERATION & POSSIBLE ACTION — Zone Change 2008-06Z
P&Z Chairperson Fuertes read the purpose of the hearing.
A request by David Pearlman, applicant for Classic Self Storage LLC, 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 Single Family Estate
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District (RE) to Planned Development District (PD), on the following described
property, to wit:
Legal Description: 5.00 acres, Abstract 506, H.T. & B.R.R. Company Survey,
Tract 6-7A-7E, City of Pearland, Brazoria County, Texas; generally located on
the North Side of Hughes Ranch Road (County Road 403), and Approximately
600 Feet West of Linda Lane.
Planning Director Krishnarao read the staff report. Staff received two Public
Comment Forms in opposition. Staff asked that clarification be given in the PD
as noted in the staff report.
Bill Schmidt of 3210 Southmere Lane, Pearland, Texas spoke on behalf of the
owner stating that no outside storage be allowed outside the property, such as
the Penske trucks.
There was no one present to speak for or against.
There was much discussion in regards to staff's comments, with Mayor Pro-Tern
bringing up the fencing, outside storage, sidewalks, and the signage being too
large. Vice-Chairperson Koza, Jr. asked if the Commission could require that no
second story ever be added. Council Member Cole recommended holding to the
drawing submitted.
The public hearing for Zone Change No. 2008-06Z adjourned at 9:30 p.m.
ADJOURNMENT
Mayor Reid adjourned the series of hearings at 9:30 p.m.
These minutes are respectfully submitted by:
Judy Krajc Lt U
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 10th day of March 2008,
A.D.
Mayor Tom Reid
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