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2010-10-18 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 18, 2010 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Mayor Torn Reid and P&Z Chairperson Jerry Koza, Jr. opened the series of public hearings to order at 6:39 p.m. with the following present: Mayor Torn Reid P&Z Chairperson Jerry Koza, Jr. Mayor Pro Tern Scott Sherman P&Z Vice-Chairperson Ron Capehart Council Member Ed Thompson P&Z Commissioner Henry Fuertes Council Member Woody Owens P&Z Commissioner Neil West Council Member Steve Saboe P&Z Commissioner Richard Golden Council Member Felicia Kyle P&Z Commissioner Darrell Diggs Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge, Assistant City Manager Jon Branson, City Manager Bill Eisen, Planner I Ian Clowes, Assistant City Engineer Trent Perez, and Planning Office Coordinator Judy Krajca. Planner I Ian Clowes explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission meeting will immediately follow the Joint Public Hearing. Council Member Felicia Kyle arrived at 7:33 p.m. Mayor Tom Reid called to order the Public Hearing for Conditional use Perm No. CUP 2010-07 at 6:44 p.m. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION- Conditional Use Permit No. CUP 2010-07 A request of Thomas Offenburger, applicant for Silverlake Congregation of Jehovah' Witnesses c/o Benny Guiterrez, owner, for approval of a condition Use Permit to allow a church Facility in the Single Family Residential (R2) zone, on the following described property: Legal Description: Approximately 4.835 acres of land, in the H.T. & B.R.R. Co. Survey, A-509, Being The Remainder of a Called 5 Acre Tract of the Karl Dudley Steel Survey as Recorded in C.F. NO. 99-05721 and C.F. NO. 00-07207 Official Records of Brazoria County, Brazoria County, Texas Joint Public Hearing Minutes 10/18/10 Page 1 of 7 General Location: 3545 Harkey Rd, Pearland, Texas P&Z Chairperson Jerry Koza, Jr. read the purpose of the hearing. Planner I Ian Clowes read the staff report stating the applicant is proposing a single story church with a parsonage. Staff is in favor of the Conditional Use Permit with conditions to be considered: 1) The proposed project shall use the development standards for the General Business (GB) zoning district (parking, façade, screening, landscaping, fencing, signage, etc). 2) All other requirements of the Unified Development Code shall be met including the requirements of the Corridor Overlay District. Mr. Benny Guitterez, Trustee and owner of the property, spoke briefly. The following spoke in favor of the proposed Conditional Use Permit: • Jarred Richter of 6808 Jarred Court, Pearland, Texas • Donald MaGee of 4006 Spring Branch Drive West, Pearland, Texas • Harold Lafferty of 3630 Curtiss Lane, Manvel, Texas • David Hunt of 5922 Raza Road, Pearland, Texas • Jerry Caldwell of 2903 Auburn Drive, Pearland, Texas • Rachel Tharp of 11409 Morning Cloud Drive, Pearland, Texas • Cathy Magee of 4006 Spring Branch Drive West, Pearland, Texas • Lupe Garcia of 4423 Leyland Drive, Pearland, Texas The following spoke in opposition of the proposed Conditional Use Permit: • Roy Bolch of 5913 Becky Lane, Pearland, Texas-due to the traffic, water, bald eagles and noise • David Tidwell of 5833 Becky Lane, Pearland, Texas-opposed to the parking lot. • Daryl R Putney of 5810 Becky Lane, Pearland, Texas-expressed concern for the bald eagles on the land Council Member Ed Thompson inquired where the detention would be. Assistant City Engineer Trent Perez spoke stating it could outfall directly into the regional pond. Council Member Thompson also inquired about the flood zone, and Assistant City Engineer Perez stated it was zone X, out of the 100 year flood plan. Council Member Thompson expressed concern for the neighbors abutting the property on Becky Lane. Mayor Tom Reid stated there are several steps involved. The use must be appropriate for the zone, and the facility needs to meet the codes and requirements. Council Member Scott Sherman inquired how large the congregation would be. Mr. Benny Guitterez replied they would have two locations. One location would be 93, and ,••„ the other would be 95. Joint Public Hearing Minutes 10/18/10 Page 2 of 7 Council Member Steve Saboe inquired about the bald eagles. Planner I Ian Clowes explained that the church would only be using the front 2 acres, and that the city had no authority over the protection of wildlife or endangered species. Council Member Steve Saboe inquired how long the applicant has owned the property. Mr. Guiterrez stated they have owned the property for 5 years. Discussion ensued with regards to screening, landscape buffer, and masonry fence. Council Member Saboe asked that the acreage be stipulated for the use of the church. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2010-07 at 7:18 p.m. Mayor Tom Reid opened a public hearing for Conditional Use Permit No. CUP 2010-08 at 7:18 p.m. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. 2010-08 A request of CenterPoint Energy, applicant and owner, for approval of a Conditional Use Permit for an Automated Meter Systems tower on the following described property: Legal Description: Approximately 1.995 acres out of the T.J. Green Survey, Abstract No. 198, recorded in Vol. 961, Pg. 91 of the Brazoria County Deed Records, City of Pearland, Brazoria County, Texas General Location: 2617 Broadway St. Pearland, Texas P&Z Chairperson Jerry Koza, Jr. read the purpose of the hearing. Planner I Ian Clowes read the staff report stating the applicant is proposing a 150 feet tall Automated Meter System tower located within an existing electrical substation. Staff is recommending the following conditions to be considered: 1) Stealth technique 2) A detailed site plan 3) Complete information to be provided for review, as per the UDC. Mr. Espree, representing CenterPoint Energy spoke briefly. There was no one present to speak for or against the proposed Conditional Use Permit. Discussion ensued with regards to landscaping around the site. P&Z Commissioner Neil West asked Mr. Espree how many towers they had in Pearland. Mr. Espree stated this is the only one being proposed in Pearland. Joint Public Hearing Minutes 10/18/10 Page 3 of 7 Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2010-08 at 7:30 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2010- 09 at 7:30 p.m. CONSIDERATION & POSSIBLE ACTION — Conditional Use Permit No. CUP 2010- 09 A request of Kevin Cole, applicant for Patricia Casey and Claudia Lang, owners, for approval of a Conditional Use Permit to allow a Church Facility in the Single Family Residential (R1) zone, on the following described property: Legal Description: Lot 64E-65D, A0070 of the W.D.C. Hall Survey, City of Pearland, Brazoria County, Texas General Location: Northeast intersection of Dixie Farm Rd and McDonald St. P&Z Chairperson Jerry Koza, Jr. read the purpose of the hearing. Planner I Ian Clowes read the staff report stating staff was in favor, with the following conditions to be considered: 3) The proposed project shall use the development standards for the General Business (GB) zoning district (parking, façade, screening, landscaping, fencing, signage, etc). 4) All other requirements of the Unified Development Code shall be met including the requirements of the Corridor Overlay District. Council Member Felicia Kyle arrived at 7:33 p.m. Mr. Kevin Cole of 3808 Houston Lake Drive, Pearland, Texas spoke on behalf of the applicant. The following spoke in opposition of the proposed Conditional Use Permit: • Jesse Stamp of 2305 Evergreen, Pearland, Texas-due to destruction of trees, moving the detention pond, lighting and parking, safety of neighboring neighborhoods • Lisa Payne of 2302 Longwood, Pearland, Texas-as it abuts city property near the water treatment plant, flooding, moving of the detention pond would be near her house, sound barrier would be gone, concern of entrance off of Myrtlewood, and traffic • Bryce Bankston of 2301 Piney Woods, Pearland, Texas-his backyard overlooks McDonald Road, flooding, flow of water, and disturbing the wildlife • Clifton Lyles of 2310 Longwood, Pearland, Texas-due to flooding, traffic, noise, lights from parking lot and church, property values, and quality of life Joint Public Hearing Minutes 10/18/10 Page 4 of 7 • Greg McDonald of 1505 Hickory Court, Pearland, Texas-due to noise and property value • Diane Leaverton of 2310 Buchholt, Pearland, Texas-land needs to remain residential • Andy Casado of 2317 Dixie Woods, Pearland, Texas-due to loss in property value, safety, traffic, lighting, and drainage • Bob Rice of 2210 Kay, Pearland, Texas-due to traffic, drainage, safety of neighborhood • Dorothy Ragsdale of 2301 Longwood, Pearland, Texas-due to traffic, noise, and drainage • Andrew Quezada of 2307 Evergreen, Pearland Texas • Ruby Sandars of 2402 Francis Drive, Pearland Texas • Wayne Nance of 2303 Piney Woods Drive, Pearland, Texas-due the noise, and the tax revenue loss for a non-profit organization • Michael Mayfield of 2402 Longwood, Pearland, Texas-due to flooding, drainage, traffic, and loss of a sound barrier • Scott Cooke of 2307 Longwood, Pearland, Texas-concurred with Michael Mayfield and Clifton Lyles • Dennis Zengerie of 1405 Roy Court, Pearland, Texas-due to noise, traffic, and flooding • Mr. Zengerie added that in the past, he has asked for help from the city, and .► received nothing. • John Bruce of 1406 McDonald, Pearland, Texas-due to flooding The following spoke in favor of the proposed Conditional Use Permit: • Tom Allen of 2701 Briarview, Pearland, Texas-as it would be a nice place to call home, and they would be a good neighbor • Randy Hand of 2311 Dixie Woods Drive, Pearland, Texas-is a member of the church and lives in the Dixie Woods subdivision. In favor, but does not want to negatively impact his neighbors. Council Member Ed Thompson expressed concern with the ingress and egress of traffic on Dixie Farm Road, and stated he does not feel comfortable moving forward. Council Member Woody Owens stated that a drainage and traffic study would be done to take care of any issues of concern. Churches bring a calming effect to an area. Council Member Scott Sherman stated this was a good project, but wrong location due to the trees, animals, and traffic. This site should remain residential. P&Z Commissioner Neil West asked how many residential lots could go on the 11 acres. Mr. Kevin Cole replied approximately 36 homes. Council Member Steve Saboe stated it sounds like there is still a lot of work to be done. Joint Public Hearing Minutes 10/18/10 Page 5 of 7 Mr. Kevin Cole stated their first hurdle was to find out how Council felt about a church on this site. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2010-09 at 8:47 p.m. Mayor Tom Reid opened a public hearing for Zone Change No. 2010-07Z at 8:47 p.m. CONSIDERATION & POSSIBLE ACTION — Zone Change no. 2010-07Z A request of Crown Warehouse Service, Inc, applicant and owner, for approval of a Planned Development (PD) amendment on the following described property Legal Description: Approximately 3.0 Acre Tract of land out of a 10 Acre Tract, a residue of D. H, Stripling12.000 Acre Tract recorded Volume 868, Page 239 of the Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. & B. R. R. Co. Survey, Sec. 7, A-219 as recorded in Volume 595, Page 63 of the Deed of Records of Brazoria County, Texas General Location: 6301 Broadway Street P&Z Chairperson Jerry Koza, Jr. read the purpose of the hearing. Planner I Ian Clowes read the staff report stating staff recommends approval. Mr. James Marlin Marsh of 7915 Montglen, Houston, Texas spoke as President of Crown Warehouse, and added that he was accompanied by his two sisters who were vice-president, and secretary/treasurer of Crown Warehouse Service, Inc. Mr. Marsh reiterated the history of the zone change, and stated that he and his sisters were doing everything they were asked to do. Mr. Marsh expressed disappointment that council allowed parties in opposition of the zone change to speak at a non-public hearing council meeting, and for council to deny the zone change. Crown Warehouse is back now with an amendment to the Planned Development (PD), and improvements have been made to the property. Connie McMaster of 2614 Thelma Lane, Pearland, Texas spoke of concerns with the clean-up of the property, concern with what other businesses could move in, concern with the noise level, and stated that she had contacted the Code Enforcement office regarding the grass and clean-up. Bettye Osteen of 2550 Thelma Drive, Pearland, Texas expressed concern with the lighting in the area, concern of the value on her property, and wants to see the back portion cleaned up. Joint Public Hearing Minutes 10/18/10 Page 6of7 ` Nancy Murphy of 2017 Victoria Court, League City, Texas stated the property is being cleaned up, and they are working to get the tenant in. All the delays with the zone change have cost them in revenue. Council Member Steve Saboe asked about the water line connects. Nancy Murphy stated the Fire Marshal requires a fire hydrant within so many feet of the type of business moving in. Council Member Saboe added that this is the right process and supports the Planned Development and thanked the applicant for coming back. Council Member Scott Sherman stated he was in favor and agreed with Council Member Saboe. Council Member Woody Owens stated that his office is across from this property and has seen the daily clean-up taking place, and is in favor. P&Z Commissioner Neil West thanked Planner I Ian Clowes for his work on this property. P&Z Commissioner Henry Fuertes stated he might recommend that more uses be added, but would take this up in the P&Z Regular meeting. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2010-07Z at 9:12 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of Public Hearings at 9:13 p.m. These minutes are respectfully submitted by: Judy Krajca, Planning Office Coordinator Minutes approved as submitted and/or corrected on this 8th day of November 2010, A.D. Mayor Tom Reid Joint Public Hearing Minutes 10/18/10 Page 7 of 7