2008-01-21 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 JANUARY 21, 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 7:00 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 Commissioner Neil West
Council Member Kevin Cole P & Z Commissioner Susan Sherrouse
Council Member Helen Beckman P & Z Commissioner Darrell Diggs
Council Member Woody Owens P & Z Commissioner Jerry Koza, Jr.
Council Member Felicia Kyle * P & Z Commissioner Charles Gooden, Jr.
P & Z Commissioner Ron Capehart
Also in attendance: City Manager Bill Eisen, Assistant City Manager Nick Finan;
Deputy City Attorney Nghiem Doan; 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. *Council Member Kyle
arrived at approximately 7:30 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. CUP2008-02 opened at 7:06
p.m.
CONDITIONAL USE PERMIT NO. CUP2008-02
A request by Pearland Hughes West Investments, Ltd., owner, for approval of a
Conditional Use Permit for a "church" facility in the Neighborhood Service District
(NS), on the following described property, to wit:
Legal Description: 5.5394 acres, being Restricted Reserve "A", Block 1 , of the
Final Plat of Stepping Stone No. 3, a subdivision of land located in the H.T. &
B.R.R. Company Survey, Abstract 242, according to the map or plat thereof
recorded in Volume 24, Page 45, of the Plat Records of Brazoria County, Texas,
City of Pearland, Brazoria County, Texas
General Location: Generally Located on the South Side of FM 518 (Broadway
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Street), and on the West Side of Tranquility Lakes Boulevard.
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Senior Planner Grahmann read the Staff report, with Staff recommending
approval as described in the staff report. Staff did receive 4 public comment
forms with 1 in support, and 3 in opposition.
Mr. Aaron McGuire of 7918 Broadway, #106, Pearland, TX spoke on behalf of
the owner.
There was brief discussion from Council/Commission/Staff in regards to the
church capacity and parking. Mr. McGuire stated the church was allowed to
occupy 120 people. Mr. McGuire also responded that the businesses in the retail
center operated on Monday — Friday, while the church will be operated on the
weekend. Ms. Grahmann stated that Staff does review the parking requirements.
Mayor Pro Tern Steve Saboe asked if the other church that exist in the building
was in compliance. Senior Planner Grahmann stated they were not, due to the
annexation and rezoning took place after the church began occupying the space.
Ms. Grahmann also stated the daycare was also non-conforming. Mayor Pro
Tern Saboe stated that the two opposition comments were not clear. Deputy City
Attorney Nghiem Doan stated he had spoken with a concerned neighbor in
regards to the 300 feet measured near a business for the purpose of selling
alcohol.
The Public Hearing for Conditional Use Permit No. CUP2008-02 adjourned at
7:16 p.m.
The Public hearing for Conditional Use Permit No. CUP2008-03 opened at 7:17
p.m.
CONDITIONAL USE PERMIT NO. CUP2008-03
A request by Betty Jones, applicant for S. Kevin Price, owner, for approval of a
Conditional Use Permit for a "gaming establishment" facility in the General
Commercial District (GC), on the following described property, to wit:
Legal Description: 0.86 acres of land, out of a 9.6809 acre tract, being all the
land remaining unsold out of that certain 13.892 acre tract of land described in
Volume 636, Page 695, of the Deed Records of Brazoria County, Texas, situated
in the A.C.H. & B. Survey, Abstract 416, and the H.T. & B.R.R. Company Survey,
Abstract 292, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of SH 35 (Main Street),
and on the North Side of Hastings Cannon Road (CR 128)
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P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Senior Planner Theresa Grahmann read the Staff report, stating Staff
recommends approval based on staff's comments. Staff received two public
comment forms in opposition.
Mr. Kevin Price, owner and landlord, 311 N. Shadow Bend Ave., Friendswood,
TX spoke in detail of the history of the establishment, and why there are tinted
windows and locks on the doors.
Mr. Larry Marcott of 3606 Inverness Ct., Pearland, TX spoke and strongly
opposed this permit due to crime occurring in the City of Houston at similar
places.
Mayor Pro-Tem Steve Saboe thanked Mr. Price for his presentation and asked
him to comply with the ordinance and regulations.
Council Member Helen Beckman spoke on behalf of a resident that has
frequented the gaming establishments in the Pearland area. The resident has a
mentally challenged adult son that enjoyed the gaming environment and how the
establishments and patrons had a positive effect on her son.
P&Z Commissioner Darrell Diggs asked who would police the area, and Senior
Planner Grahmann stated the property was in the Pearland city limits; therefore
the City of Pearland police would cover the area.
The Public Hearing for Conditional Use Permit No. CUP2008-03 adjourned at
7:32 p.m.
The Public hearing for Conditional Use Permit No. CUP2008-04 opened at 7:33
p.m.
CONDITIONAL USE PERMIT NO. CUP2008-04
A request by Thomas L. Toney, applicant for Celalettin Demir, owner, for
approval of a Conditional Use Permit for a "gaming establishment" facility in the
General Commercial District (GC), on the following described property, to wit:
Legal Description: Lot 6 of Johnston Subdivision, City of Pearland, Brazoria
County, Texas
General Location: Generally Located on the South Side of FM 518 (Broadway
Street), and Approximately 600 Feet East of Harkey Road.
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
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Senior Planner Theresa Grahmann read the staff report staff recommends denial
for reasons given in the staff report. Staff received several public comment forms
in opposition.
Jennifer Toney of 2314 Lynn Dr. Pearland, TX spoke on behalf of her father,
Thomas Toney. Ms. Toney stated that there currently are two existing gaming
establishments near Jamison Middle School, and four neighborhoods.
Mr. Larry Marcott of 3606 Inverness Ct., Pearland, TX spoke in opposition.
Mr. Garrett Lewis of 6005 Josephine, Pearland, TX spoke in opposition. Mr.
Lewis lives behind the proposed location.
Mr. Luis Serrano of 5934 Josephine spoke in opposition, and asks what the
hours of the establishment would be.
Council Member Kevin Cole asked Ms. Toney what the hours would be, and Ms.
Toney replied that they would operate between the hours of 10:00 a.m. until
midnight. Council Member Cole also inquired about the back street/alley and if
this has ingress/egress to the property.
Mayor Pro-Tern Saboe inquired about the owner and previous businesses. Ms.
Toney replied that the business has been a restaurant and a hand
carwash/detail.
The Public Hearing for Conditional Use Permit No. CUP2008-04 adjourned at
7:46 p.m.
The Public hearing for Zone Change No. 2008-02Z opened at 7:46 p.m.
ZONE CHANGE NO. 2008-02Z
A request by Sonya Ann Dare, 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 Residential — 2 District (R-2) to
Neighborhood Service District (NS), on the following described property, to wit:
Legal Description: 0.550 acres of land, Lot 1 L, out of the Northwest one-fourth
of the H.T. & B.R.R. Company Survey, Section 11 , Abstract 239, City of
Pearland, Brazoria County, Texas
General Location: Generally Located on the South Side of Walnut Street, and
Approximately 100 Feet East of McLean Road.
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
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Senior Planner Theresa Grahmann read the staff report stating that staff
recommends denial for Neighborhood Services (NS); however, the applicant has
given their okay to change the zoning to Office Professional (OP), per staff's
recommendation. Staff received two public comment forms in favor, and two in
opposition.
Ms. Sonya Ann Dare of 4904 W. Walnut, Pearland, TX spoke. The owner, Ms.
Dare stated she has had ten interested buyers for the property; however, no one
wants to buy it zoned Single Family.
There was no one present to speak for or against.
Mayor Reid inquired if this request can be changed to OP. Senior Planner
Grahmann stated that she had spoken with the realtor, and OP would mean a lot
less traffic. P&Z can consider either NS or OP, since OP is a lesser use.
Mayor Pro-Tern Steve Saboe asked Ms. Dare about the potential buyers and
their use. Ms. Dare stated she did not know what use might come in.
Mayor Pro-Tern Saboe expressed concern of whether the Dares have spoken
with their neighbors, and how they feel about the rezoning of the property.
Much discussion ensued with Council Members Kyle, Saboe and Beckman
stating that this was a positive transition.
The Public Hearing for Zone Change No. 2008-02Z adjourned at 8:01 p.m.
The Public hearing for Zone Change No. 2008-03Z opened at 8:01 p.m.
ZONE CHANGE NO. 2008-03Z
A request by Thu Trinh, applicant for Dung Hung Ta, 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 Office and Professional District
(OP) to Light Industrial District (M-1), on the following described property, to wit:
Legal Description: 9.7036 acres of land, Lot 22, H.T. & B.R.R. Company
Survey, Section 8, Abstract 504, as recorded in Book 2, Pages 23 and 24 of the
Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County,
Texas
General Location: Generally Located on the East Side of Roy Road, and
Approximately 500 Feet North of FM 518 (Broadway Street).
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
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Senior Planner Theresa Grahmann read the staffs report recommending denial.
Staff received one public comment form from the applicant in support.
Mr. Jimmy Trenh of 10122 Brighton Ln., Houston, TX spoke on behalf of his
father. Mr. Trinh stated that a General Commercial (GC) zoning would be a
better use for a mini-warehouse.
Mr. Mark Parker of 2549 Roy Rd, Pearland, TX spoke stating he owns the
property adjacent and is opposed, as there are too many uses under Light
Industrial (M-1). Mr. Parker also expressed concerns with the roads, drainage
and overall uses.
Mr. Pat Munoz of 2533 Roy Rd., Pearland, TX spoke stating he owns property to
the north and expressed the same issues as Mr. Parker, and stated he agrees
with staff that there are too many uses under a M-1 zoning.
Council Member Cole stated that he agreed with some of the concerns under a
M-1 zone.
Planning Director Krishnarao stated that when the zoning classification is
lowered, the requirements and standards (i.e.... parking, landscaping) are
lowered too. There was much discussion in regards to the zoning classification
The Public Hearing for Zone Change No. 2008-03Z adjourned at 8:21 p.m.
The Public hearing for Zone Change No. 2008-01Z opened at 8:21 p.m.
ZONE CHANGE NO. 2008-01Z
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
District (RE) to General Business Retail District (GB), 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
General Location: Generally Located on the North Side of Hughes Ranch Road
(County Road 403), and Approximately 600 Feet West of Linda Lane.
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Senior Planner Theresa Grahmann read the staff report stating that the zoning
will be concurrent with the Conditional Use Permit on the next hearing. Staff
recommends denial and would be willing to work with the applicant on a Planned
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Development. Staff received several calls with most stating they were okay with
this zone change, but only received two public comment forms in opposition.
Mr. Bill Schmidt of 3210 Southmere Ln., Pearland, TX spoke on behalf of the
applicant.
Petronia Phelps of 2507 Linda Lane, Pearland, TX spoke that she owns property
on Linda Lane and would like to limit its uses.
Larry Marcott of 3606 Inverness Ct., Pearland, TX stated that if it is approved, he
would like there to be no electronic signs.
Mayor Pro-Tern Steve Saboe stated he realizes the neighbors patronize these
units; however, he feels a PD is the best way to go. Council Member Cole stated
he agreed with Mayor Pro-Tern Saboe.
Planning Director Krishnarao recommended a PD and that this hearing could be
constituted as a workshop, therefore when the applicant came back next month,
there would just be a hearing on the PD.
The Public Hearing for Zone Change No. 2008-01 Z adjourned at 8:38 p.m.
The Public hearing for Conditional Use Permit No. CUP2008-01 opened at 8:38
p.m.
CONDITIONAL USE PERMIT NO. CUP2008-01
A request by David Pearlman, applicant for Classic Self Storage 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: 5.00 acres, Abstract 506, H.T. & B.R.R. Company Survey,
Tract 6-7A-7E, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the North Side of Hughes Ranch Road
(County Road 403), and Approximately 600 Feet West of Linda Lane.
P&Z Commissioner Henry Fuertes read the purpose of the hearing.
Senior Planner Theresa Grahmann read the Staff report stating that in order for
the CUP to be approved, then action of the zone change to GB must be made
first, as stated in the previous hearing. Staff received five public comment forms
in opposition. Ms. Grahmann also added that staff is willing to work with the
applicant on a PD.
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There was no one present to speak for or against the permit.
Only comment from City Council was if they approve the CUP, then consider the
signage.
The Public Hearing for Conditional Use Permit No. CUP2008-01 adjourned at
8:44 p.m.
The Public hearing for Zone Change No. 2008-04Z opened at 8:44 p.m.
ZONE CHANGE NO. 2008-04Z
A request by GC Engineering, Inc., applicant for Historic Real Estate, 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 Spectrum
District (SPD) to Planned Development District (PD), on the following described
property, to wit:
Legal Description: 48.4712 acres out Lot 5 of the James Hamilton Survey,
Abstract 881, according to the map or plat thereof recorded in Volume 83, Page
342, of the Deed Records of Harris County, Texas, City of Pearland, Harris
County, Texas,
General Location: Generally Located on the West Side of State Highway 288,
and on the North Side of Shadow Creek Parkway
P&Z Commissioner Henry Fuertes read the purpose of the hearing.
Planning Director Lata Krishnarao read the staff report stating there were ten
items that the applicant is seeking a variation from, as outlined in the staff report.
Staff is in favor of this zone change if comments can be addressed.
Mr. David Goswick of Historic Real Estate, Inc. spoke on behalf of the applicant,
as well as Mr. Richard Brown of Historic Real Estate, Inc.
Mr. Mike Engelhart, attorney for the owners at 1626 Fruge, and 1730 Fruge was
present and spoke.
There was much discussion as Planning Director Krishnarao addressed the ten
items.
Comments from the Council/Commission were:
Mayor Pro-Tern Saboe stated this was unique, but needs more specifics in
regards to amenities, open space, and a better understanding of the 4 acres of
parkland for the residents.
Parks Director John Branson spoke in regards to the park area.
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Mr. David Goswick spoke in regards to the connectivity to a linear park, and
stated that the buildings would have a green roof.
Mayor Pro-Tern Saboe stated he would like to see more than just paths for the
residents.
The public hearing for Zone Change No. 2008-04Z was adjourned at 10:15 p.m.
ADJOURNMENT
Mayor Reid adjourned the joint public hearing for Zone Change No. 2008-04Z at
10:15 p.m.
These minutes are respectfully submitted by:
Judy Kraj 44f
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 11th day of February
2008, A.D.
UYn�
Mayor Tom Reid
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