2009-07-20 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 20, 2009, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL,
3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The series of public hearings was called to order at 6:51 p.m. Mayor Tom Reid opened
the hearing for the City Council, and P&Z Chairperson Henry Fuertes opened the
hearing for the Planning and Zoning Commission, with the following present:
Mayor Tom Reid P & Z Chairperson Jerry Koza, Jr.
Mayor Pro-Tern Felicia Kyle P & Z Vice-Chairperson Charles Gooden, Jr.
Council Member Woody Owens P & Z Commissioner Neil West
Council Member Kevin Cole P & Z Commissioner Henry Fuertes
Council Member Steve Saboe P & Z Commissioner Darrell Diggs
Council Member Scott Sherman
Also in attendance: City Manager Bill Eisen, Assistant City Manager Mike Hodge,
Assistant City Manager Jon Branson, City Attorney Darrin Coker, Senior Planner Angela
Gantuah, City Engineer Narciso Lira, and Planning Administrative Secretary Judy
Krajca.
Senior Planner Angela Gantuah explained the Joint Public Hearing process for the
public, and explained that the Planning & Zoning Commission meeting would follow the
Joint Public Hearing.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2009-09 at
6:54p.m.
CONDITIONAL USE PERMIT NO. CUP 2009-09
A request by Kirby/59 Partners II LP, applicant and owner, for approval of a conditional
use permit to allow a gas station and convenience store in the Office Professional (OP)
Zoning District, on the following described property, to wit:
Legal Description: 2.21 acres (96,165 square feet) of land situated in the H.T. & B.R.R.
Company Survey, Section 81, Abstract 300; being out of and part of that certain tract or
parcel of land conveyed by Larry B. Briggs to LinGo Southgate, Ltd., by instrument
recorded under Brazoria County clerk's File Number 2001053025 in the Official Public
Records of Real Property in Brazoria County, Texas
General Location: Generally located on the Northeast corner of Kirby Drive and CR
59, Pearland TX.
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P&Z Chairperson Jerry Koza, Jr. read the purpose of the hearing.
Senior Planner Angela Gantuah presented the staff report stating staff recommends
approval with conditions.
The applicant, Ross Lybrand of 2645 CR 59, Pearland TX made a presentation
speaking extensively of the fact there are no gas stations on the west side of Highway
288, south of the HEB shopping center.
There were thirteen people present to speak with regards to the Conditional Use Permit.
Mr. Jim Sudela 11216 Armstrong Lane, Pearland, Texas spoke in opposition stating the
homes that abut the proposed gas station will have property values impacted, and
increase traffic.
Mr. William McConico 11302 Madison Court, Pearland, Texas spoke in opposition
stating concerns of traffic, increase in crime, and decrease in property value.
Mr. Cliff King 11216 Carson Avenue, Pearland, Texas spoke that it would be nice to
have an improvement in the area, but a Chevron stations is nearby. He expressed
concern that this gas station will cause traffic increase, and concern with burglaries.
A.- Ms. Nedzra Ward 11403 Kay Lane, Pearland, Texas stated she was on the HOA Board
of Southgate and is concerned with increase in traffic and crime.
Ms. Sheila Proctor 11406 Freestone Avenue, Pearland, Texas spoke of concerns with
traffic, crime, and the environment being affected from the fumes due to increase in
vehicles.
Ms. Carole Sweely 3614 Madison Drive, Pearland, Texas spoke in opposition stating
concerns of decrease in property values, and concerned with increase in crime. She
also stated that there were several gas stations around being utilized.
Mr. Chris Dieter 11218 Armstrong Lane, Pearland, Texas spoke of the increase in noise
with a gas station.
Mr. Ronald Roby 11210 Armstrong Lane, Pearland, Texas asked that if this is allowed,
the applicant put in trees to block the noise. He also asked about a traffic light at this
intersection.
Mr. Joseph Robert 11204 Freestone Avenue, Pearland, Texas spoke in opposition
stating this is a quiet neighborhood and a gas station will bring crime in the area.
Mr. Kelvin Brown 11215 Armstrong Lane, Pearland, Texas spoke in opposition stating
he moved out of Houston due to a similar situation.
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Ms. Cindy Zamarripa 11102 Armstrong Lane, Pearland, Texas spoke in opposition
stating the neighborhood is beautiful and would hate to see a gas station go in, and
expressed her concern with the increase in traffic.
Ms. Barbara Chabarria 3616 Madison Drive, Pearland, Texas spoke in opposition
stating her concern with traffic, noise, and violence.
Mr. Ross Lybrand 11511 Grimes Ave., Pearland, Texas spoke in favor and stated he
echoes the sentiments of the traffic concern, and has already, as a homeowner in
Southgate, called the police asking for additional patrol. Mr. Lybrand also spoke of how
the light will improve the area, and does not know of any crime statistics, nor did he
hear any statistics tonight from those speaking.
There was discussion among the Council and Commission regarding the timeline for a
CUP being two years, and if approved, could the applicant be tied down to a site plan.
Discussion also ensued with the other side of CR 59 belonging to Manvel's ETJ, and
traffic being the number one complaint.
Discussion also ensued with the size of the parking area and other uses that would
come in, and what uses the zoning allows.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2009-09
at 7:58 p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2009-08Z at 7:58p.m.
ZONE CHANGE NO. 2009-08Z
A request by Hugh Peter Patton, applicant and owner, for approval of a change in
zoning district from classification Single Family Residential-1 (R-1) to General Business
Retail District (GB), on the following described property, to wit:
Legal Description: 1.0 acre of land described as Lot 14, Block 3, Skyway Manor
Subdivision, according to the map or plat thereof recorded in Volume 7, Page 67 of the
plat records of Brazoria County, Texas
General Location: Located 2905 FM 1128, Pearland, TX
P&Z Chairperson Jerry Koza, Jr. read the purpose of the hearing.
Senior Planner Angela Gantuah presented the staff report stating staff recommends
denial. Staff did recommend a zone change to OP instead.
The applicant was not present.
O" There was no one present to speak for or against the Zone Change.
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Council Member Woody Owen stated he was concerned with the other uses to come in
next to the dental office. Senior Planner Angela Gantuah stated the applicant is
comfortable with an OP zoning instead of GB.
There was some discussion with the surrounding properties being zoned NS, and the
Future Land Use Plan indicating a zoning of GB.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2009-08Z at 8:17
p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of hearings at 8:17 p.m.
These minutes are respectfully submitted by:
Judy Kr ' at441/
Planning Administrative ecretary
Minutes approved as submitted and/or corrected on this 10th day f Au st 2009, A.D.
Mayor Tom Reid
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