2008-06-16 JPH PLANNING AND ZONING COMMISSION MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 16, 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 6:59 p.m. Mayor Pro-Tem Helen
Beckman 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 8~ Z Chairperson Henry Fuertes
Pro-Tem Helen Beckman P & Z Commissioner Neil West
Council Member Kevin Cole P & Z Commissioner Susan Sherrouse
Council Member Steve Saboe P & Z Commissioner Darrell Diggs
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; Assistant City Manager Mike Hodge; City Attorney Darrin Coker;
Deputy City Attorney Nghiem Doan; Planning Director Lata Krishnarao; Senior
Planner Theresa Grahmann; and Planning Administrative Secretary Judy
Krajca. (Commissioner Capehart arrived at 6:45 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 Zone Change No. 2008-13Z was opened at 7:02 p.m.
CONSIDERATION Sz POSSIBLE ACTION -Zone Change No. 2008-13Z
P8.Z Chairperson Henry Fuertes read the purpose of the hearing.
A request by Johnny Sims, applicant for Ted Slafka, 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 - 1 District (R-1) to Neighborhood Service District (NS), on the
following described property, to wit:
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6/ 16/08
Page 1 of 6
Legal Description: 2.00 acres, being Lots 15 and 16, Block 3, of Skyway
Manor, Abstract 241, H.T. & B.R.R. Company Survey, City of Pearland,
Brazoria County, Texas
General Location: Generally Located on the East Side of Manuel Road (FM
1128), and Approximately 700 Feet North of Fite Road
Senior Planner Theresa Grahmann read the staff report stating staff was
recommending approval. Staff did not receive any public comment forms.
The applicant was present but chose not to speak.
Mr. Daniel Gardena of 2943 Piper Rd, Pearland TX spoke with concerns for
his neighbors and himself with regards to what commercial use might come
with a NS zone.
Senior Planner Theresa Grahmann explained that under Neighborhood
Service (NS), office, limited retail, restaurants, and gas stations but would
need a CUP. No industrial uses would be allowed.
Mayor Reid adjourned the Public Hearing for Zone Change No. 2008-13Z at
7:12.
Mayor Reid opened the Public Hearing for Zone Change No. 2008-14Z at
7:13 p.m.
CONSIDERATION 8< POSSIBLE ACTION -Zone Change No. 2008-14Z
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
A request by Boundary One, LLC, applicant for Robert L. Thompson, 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 - 1 District (R-1) to Office and Professional District (OP),
on the following described property, to wit:
Legal Description: 5.84 acres, being out of a 19.5704 acre tract of land,
being the residue of Lots 81 and 82 of the George W. Jenkins Subdivision,
W.D.C. Hall Survey, Abstract 70, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of Dixie Farm Road,
and Approximately 800 Feet North of Westfield Lane
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Mr. Thomas Offenburger with Boundary One spoke on behalf of the owners.
The owners live at the rear of property and wish to change front area to Office
Professional (OP). Mr. Offenburger gave examples of businesses in front of
Pine Hollow and Sunset Meadows.
The following spoke in opposition:
Diane Leaverton of 231 O Buckholt, Pearland, Texas
Marion D. Crisp of 3520 Dixie Farm Rd., Pearland, Texas
Mike Leaverton of 231 O Buckholt, Pearland, Texas
Neil Barnhill of 1813 Oaklodge, Pearland, Texas
Mark Sanchez of 1505 Inverness Ct., Pearland, Texas
Daniel Srubar of 2226 Buckholt, Pearland, Texas
Katherine Jones of 2223 Buckholt, Pearland, Texas
Anthony Tellez of 2012 Fainnrood St., Pearland, Texas
Larry Marcott of 3606 Inverness Ct., Pearland, Texas
Anne Markwart of 1921 Willow Lake Dr., Pearland, Texas
Greg Nelson of 1617 Pine Crest Dr., Pearland, Texas
Karen Plotts of 3540 Dixie Farm Rd., Pearland, Texas spoke neither for nor
against. Ms. Plotts concerns were with traffic, and stated she had horses and
wants to make sure she can get the trailer in and out.
The following spoke in favor:
Theresa Thompson of 3508 Buckholt, Pearland, Texas
Robert Thompson of 3508 Buckholt, Pearland, Texas
Kurt Wipolt of 3601 Buckholt, Pearland, Texas
Mayor Pro-Tem Helen Beckman stated she was opposed and felt this was
spot zoning. Council Member Kevin Cole agreed this was spot zoning, and
stated he understands what the Thompson's are trying to do. Mr. Cole added
that he foresees above average housing, and custom built, estate lot homes
in this area.
Commissioner Darrell Diggs inquired about a specific area on the map.
Senior Planner Theresa Grahmann stated it was an elementary school. Mr.
Diggs stated he was concerned as he heard this type of zoning had come up
before in previous years. Mr. Diggs also asked if the pictorials could be
updated.
Senior Planner Theresa Grahmann responded to Commissioner Diggs
comments by stating that the aerial photos are flown every two years and
should be done again soon. Ms. Grahmann also stated that the previous
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Page 3 of 6
case regarding a zone change pertained to a house seeking a change for an
office. Ms. Grahmann also added that Dixie Farm Road has always been a
major thoroughfare, and recently was made into a main corridor. Driveways,
and streets would be considered for future enlargements of road. Ms.
Grahmann stated that a major thoroughfare does not have to have
businesses on it, and it can be residential. If approved, next step would be to
plat, install drainage, and complete a Traffic Impact Analysis (TIA).
Commissioner Ron Capehart stated when changing a zone, we are changing
only the zoning of the dirt. Once we change zone, it is zoned from now on.
Mayor Tom Reid adjourned the Public Hearing for Zone Change No. 2008-
142 at 8:05 p.m.
Mayor Tom Reid opened the Public Hearing for Conditional Use Permit No.
CUP2008-18 at 8:06 p.m.
CONSIDERATION 8~ POSSIBLE ACTION - Conditional Use Permit No.
CUP2008-~ 8
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
A request by New Hope Church, applicant for YMCA Greater Houston Area,
owner, for approval of a Conditional Use Permit for a "church/place of
worship" in the Office and Professional District (OP), on the following
described property, to wit:
Legal Description: 1 7.881 O acres, being the Minor Plat of Coppinger YMCA,
a subdivision of land out of the Thomas J. Green Survey, Abstract 198, and
the T.D. Yocum Survey, Abstract 399, as recorded in Document No.
2008001978 of the Official Records of Brazoria County, Texas, and being out
of a called 16.5802 acre tract recorded in Brazoria County Clerk's File No.
99007098 and a called 1.5030 acre tract recorded in Brazoria County Clerk's
File No. 01046582, City of Pearland, Brazoria County, Texas.
General Location: Generally Located on the South Side of Stratford
Street/YMCA Drive, at 2820 Stratford Street.
Senior Planner Theresa Grahmann read the staff report stating staff
recommends approval. There were a few public comment forms received
with concern to the parking and use. Ms. Grahmann stated this concern was
probably due to a recent Variance Request for an expansion at the YMCA,
and was denied.
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Mr. John Davis of 6520 Broadway #631 , Pearland, Texas spoke on behalf of
the applicant.
Mr. R. E. Napoleon of 2903 Yorkshire, Pearland, Texas spoke stating has no
objection to a church using any facility, but is opposed to spot zoning. Mr.
Napoleon asked how long the church would be there?
Council Member Kevin Cole asked Ms. Grahmann to answer Mr. Napoleons'
question.
Senior Planner Theresa Grahmann explained the purpose of a Conditional
Use Permit (CUP) and stated she was unsure of a timeframe for the church to
remain at the YMCA, but a limit can be set and put in as a condition to the
CUP.
Council Member Kevin Cole asked asked the applicant and owner how long
the lease was for? The owner, Ms. Strickland, stated the lease is subject for
annual review.
Council Member Kevin Cole asked how much of YMCA will be used? Ms.
Strickland replied that only a portion.
Council Mr. Cole asked how many would be attending church? Ms. Strickland
replied that the maximum is 242 in the gymnasium, and that they have spoken
to the Fire Marshal.
Mr. John Davis stated this is temporary and they will be looking for a
permanent place.
Commissioner Susan Sherrouse excused herself at 8:19 p.m. due to a family
emergency.
Council Member Kevin Cole asked the P8~Z Commission if they could put a
limit on the CUP noting that if the church moves out, another church would
need a new CUP.
Council Member Felicia Kyle echoed his thoughts and added the example of
adding stipulations similar to the CUP's on the gameroom facilities.
Mayor Tom Reid felt this was a good use fora Christian church to use a
Young Men's Christian Activity (YMCA) center.
Mayor tom Reid adjourned the Public Hearing for Condition Use Permit No.
CUP2008-18 at 8:23 p.m.
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Page 5 of 6
ADJOURNMENT
Mayor Tom Reid adjourned the series of hearings at 8:23 p.m.
These minutes are respectfully submitted by:
Judy Krajca
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this '14~' day of July 2008,
A.D.
Mayor Tom Reid
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6/ 16/08
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