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2002-04-08 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES001 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 8, 2002, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. L CALL TO ORDER The Joint Public Hearing was called to order at 6:38 p.m. with the following present: Mayor Council Member Council Member Council Member Council Member Council Member P&Z Chairman P&Z Vice -Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger Richard Tetens Larry Wilkins H. Charles Viktorin Donald Glenn Todd Iocco Kevin McDonald Russ Selemon Also in Attendance: Executive Director of Community Services Tobin Maples, City Attorney Darrin Coker, Deputy City Manager Alan Mueller, City Manager Bill Eisen, and P&Z Secretary Jennifer Gonzales. P&Z Commissioner's Todd Iocco and Don Sederdahl were absent. SPECIFIC USE APPLICATION NO. 106 I. CALL TO ORDER The public hearing was called to order at 6:40 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Light Industrial District (M-1) to Light Industrial District — Specific Use (M -1(S)) for mini -storage warehouse on the following described property, to wit: Specific Use Application No. 106 Legal Description: 2.316 acres, out of 3.322 acres, out of a portion of the H. Stevens Survey, A-594, being adjacent to and East of State Highway 35 of Brazoria Co., TX (4147 Main Street) Page 1 of 10 — 04/08/02 JPH 002 Owner: Ronald Leistad & Reed Leistad 100 Sandy Shores League City, TX 77573 P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description ofthe surrounding properties. She explained that there is an existing mini storage facility and they would like to add on to their business. She stated the ordinance now requires a Specific Use Permit for any mini -storage facilities. Ms. Phipps stated that the request is compliant with the Comprehensive Plan and the applicant is aware that a Traffic Impact Analysis may be required. She stated staff is recommending approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Reid Leistad, 100 Sandy Shores, League City, Texas, stated that is a co-owner of the business. He explained that the addition would go in the back of the property. He stated that he is fully aware of the building requirements and he plans to build the facility the same way as the first section. He stated that he would have 42 boat stalls and he feels that this would help keep the boats off the streets. He is in favor of the request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services NONE VI. ADJOURNMENT The public hearing adjourned at 6:48 p.m. ZONE CHANGE APPLICATION NO. 1030 I. CALL TO ORDER The public hearing was called to order at 6:49 p.m. II. PURPOSE OF HEARING Page 2 of 10 — 04/08/02 JPH 003 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Neighborhood Services District (NS) on the following described property, to wit: Zone Change Application No. 1030 Legal Description: Lots 12-15, Block 2, Colonial Estates Subdivision, Brazoria Co., TX (3 610 McLean) Owner: Prayin & Jagdishbhai Patel 4122 S. Weber Drive Pearland, TX 77584 P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location ofthe proposed zone changes by showing slides ofthe property with a brief description ofthe surrounding properties. She explained that there is an existing home on the property and they would like to develop a service station and a day care. She pointed out that to the east is "R- 2" which is going to be Cabot Cove Subdivision. Ms. Phipps stated that the Comprehensive Plan calls for low-density and the request is not compliant, therefore staff is recommending denial. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Pravin Patel, 4122 S. Weber. Dr, Pearland, TX stated that he acquired his property two months ago. He pointed out there is only one strip center on CR 91 and he feels his development will provide use for convenience to the local residents. He stated that he is for the request. Jon Volkmer, 2915 Bentley Ct, Pearland, TX stated that he has known the Patel's for a number ofyears and he knows Mr. Patel is very hard to understand. He stated that the Patels currently own Conoco, Silverlake Cleaners and the Silverlake Car Wash, which are surrounded by "residential". Mr. Volkmer stated that he could speak for the cleanliness ofthe businesses. He stated that the service station would be close to a new school and the people who go to the school are going to need gas. He finished by stating that the Patels are members of the Chamber, the Community and they are also taxpayers. He is for the request. Mrs. Tucker, resident of Alvin, TX stated that she owns the property across the street. She stated that she bought four lots in 1964 and was hoping for that area to be "Commercial". She stated that she is 75 years old and she retired from Pacific Rail Road. Mrs. Tucker supports the request. Page 3 of 10 — 04/08/02 JPH 004 IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST James Barnhart, 5021 Confederate, Pearland, TX stated he owns Lot 11, which is next door to the property. He is in opposition of the request. He stated that the property was on the -- market for a year as "Commercial" and it wouldn't sell and he is against the property going back to "Commercial". Mr. Barnhart stated that the traffic would become bad and the location is no place for a daycare. Scott Nelson, 5034 Columbia, Pearland, TX stated that he lives right behind the property. He stated that he and his wife Francis are very much against the request. He stated that there is no need for another service station. Mr. Nelson stated that he wanted to live in a residential area and he hopes it stays that way. Francis Nelson, 5034 Columbia, Pearland, TX stated they are on well water and the do not want there ground contaminated. She stated that her husband goes out of town a lot and she wants to feel safe. She pointed out the traffic is going to get bad. She asked how many service stations and day care does this city need. She is opposed to the request. Gwen Leismeyer, 5122 Colonial, Pearland, TX stated that his property is three lots down and he bought his house in 1996. He stated that putting a gas station/day care in would take away from their community. He stated that he really questions the business plan for this. Dwayne Leismeyer, 5122 Colonial, Pearland, TX stated that he is against the request, he doesn't thinks it's a good idea, and it would be a detriment to their open area. He stated that the Conoco is fenced. He finished by stating the request is unspeakable and an inconvenience. Roy Berkemeier, 5114 Colonial, Pearland, TX stated that he has been there for 25-30 years. He stated that he enjoys city growth, and his taxes have gone up and he is still operation offof his well. Mr. Berkemeier stated that he doesn't need a tank near his water well. Scott Shotola, 5230 Colonial, Pearland, TX stated that first of all he would like to see when a zone change application comes through everyone in the neighborhood should be notified. He then stated that he is captain of the Pearland Fire Department and he works for the Houston Fire Department. He explained if there is an explosion the subdivision would be blocked from evacuation. Mr. Shotola showed pictures of the area from previous flooding. He is against the request. Isaac Pinkney, 3618 Lee Ln, Pearland, TX stated that he moved.there in 1979 and he enjoys the city life. He stated that ifthere were anymore traffic on this road then the road would not be safe. He is strongly against the request. Mayor Tom Reid stated that after a brief discussion with the P&Z Chairman they have decided to take a hand count of those who are in the courtroom and are against the request. He stated that the hand count would consist of those who are against the request but who are Page 4 of 10 — 04/08/02 JPH X05 not going to speak. P&Z Chairman Viktorin counted 32 people in opposition ofthe request. George Conces, 3633 Lee Lane, Pearland, TX stated that he has four children and they looked very long for their house. He stated that he opposes to the request and the breaking up of the landscaping with "Commercial" development. Mike Whithey, 5405 Magnolia, Pearland, TX stated that he has been there since 1973. He stated that the increase of traffic would be dangerous and noisy. He is heavily opposed. Pierre Nys, 4719 Backenberry, Friendswood, TX stated that he is the president of the Audebon Place Home Owners Association and he represents 35 new residential homes. He stated that the request does not conform to the Master Plan. He is against the request. Vic Botrie, 13014 Thatcher, Houston, TX 77077 showed a drawing of the future Cabot Cove. He stated that he has spent close to four million dollars on the development. He stated that Pearland wants quality development and people move to these subdivisions expecting the area to stay residential. He stated that a service station would hurt the area. Mr. Botrie asked for City Council to do what staff and the residents are requesting. Antoine Opeken, 3907 Spring Arbor Ct, Pearland, TX stated that the service station would be a detriment to the kids and their safety. He stated that 42,000 lbs of gasoline going down the road would be very dangerous. Edwin Roark, 1704 Sandy Lane, Friendswood, TX stated that he is a partner with Mr. Vic Botrie. He stated that as a developer he recognizes the need for a change, however the development would have a very negative impact on their project. He stated that it would more appropriate to develop the service station on Bailey Road. Carl Schanz, 5033 Confederate, Pearland, TX stated that he is a single parent and he has three grandchildren. He stated that this area is already dangerous because ofthe motorcycles and the road not being wide enough. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Owens stated he does not think this is an appropriate location for this type of facility. He stated that a lot of people are on water wells in this area. He added that the location is real close to a church. Mr. Owens pointed out that he would rather not see a gas station that sells alcohol near a church or a school. Council Member Marcott asked how many new homes are going into the Cabot Cove Subdivision. Mr. Vic Botrie replied 265 new homes. Council Member Wilkins stated that he supports staff's recommendation and the Page 5 of 10 — 04/08/02 JPH 006 Comprehensive Plan. Council Member Seeger stated that he appreciates all the residents coming out. Council Member Marcott stated that he used to be one of the residents concerned about the number of people notified of the zone change requests. He explained that by law they have to notify everyone within a 200 -feet distance. He stated that since he has been on Council he has pushed the issue of getting signs put out on the property, which are now out. Mayor Reid stated that he and the P&Z Chairman decided to accept opposition from the people in the audience who did not want to get up and speak. There were 32 citizens who stood up for the head count. P&Z Commissioner Scherrer stated that in addition to this road being a narrow road, he doesn't know if a gas tank would be allowed to travel down this road. He stated that this is in close proximity to the Centennial Park. VI. ADJOURNMENT The Public Hearing adjourned at 7:28 p.m. ZONE CHANGE APPLICATION NO. 1031 I. CALL TO ORDER The Public Hearing was called to order at 7:29 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (RE) on the following described property, to wit: Zone Change Application No. 1031 Legal Description: 2.5738 acres, being the North '/a of Lot 25, recorded in Volume 306, page 379, deed records of Brazoria Co., TX, Allison Richey Gulf Coast Home Co. Subdivision, H. T. & B. R.R. Co. survey, A-219, Brazoria Co., TX (O'Day Road) Owner: Carolina Hernandez. 922 Harris Pasadena, TX 77506 Page 6 of 10 — 04/08/02 JPH 007 P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. She stated that staff is recommending approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST RMED V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services NONE VI. ADJOURNMENT The Public Hearing adjourned at 7:31 p.m. SUBDIVISION CODE AMENDMENTS I. CALL TO ORDER The Public Hearing was called to order at 7:32 p.m. II. PURPOSE OF HEARING Request of Staff to consider amendments to Chapter 27, Subdivisions, of the Pearland Code of Ordinances. Mr. Alan Mueller, Deputy City Manager. Deputy City Manager Alan Mueller explained that City Council has attended two recent workshops on these topics related to various issues with regards to drainage and detention within the city. He stated that two items came up that reflect changing the Subdivision Ordinance. He stated that two amendments would be made, both to Chapter 27. He stated that the first amendment is Chapter 27, Section 1.6 of Exhibit A, which deals with the street requirements of large lot subdivisions. He added that the whole Section 1.6 would be deleted and replaced with a prohibition on open ditch subdivisions as well as asphalt streets. He stated that the second amendment is for Exhibit B, and the proposal is to delete the entire section, which is the old drainage criteria manual. He stated that a reference to the new Storm Drainage Criteria Manual adopted by City Council and the Brazoria Drainage District would Page 7 of 10 — 04/08/02 JPH ME be added. Mr. Mueller stated that an additional requirement would be added for when work being done in a development that the perimeter drainage and detention work be done prior to the internal improvements being made to protect adjacent properties during construction. He stated that another addition is for a prohibition on detention systems that require a mechanical pumping system in order to discharge, except by a variance. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Pierre Nys, 4719 Backenberry, Friendswood, TX stated that he has been working with the City on a development. He has attended two pre -development meetings on the property. He stated that ifthis ordinance is changed then his development would not be possible. He stated that he is requesting some kind of "grandfather clause" for those who are in the planning stages. He stated that he supports the amendments, however he has already gone through the expense of planning a new subdivision. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Commissioner Selemon asked if this affects existing subdivisions. He then asked what would happen if the streets need to be resurfaced and they are asphalt streets. Deputy City Manager Alan Mueller replied that this ordinance would only affect the new subdivisions. Commissioner Selemon commented that he has lived in areas where there have been curbs and storm sewers and now he lives around open ditches. He stated that he doesn't like the "all or nothing" factor and wouldn't trade the open ditches for anything else. He stated that the open ditches have a much better capacity. Council Member Seeger stated that he agrees with Commissioner Selemon. He stated that his one concern is the discouragement of large -lot subdivisions due to the open ditches. He stated that another concern is stating that open ditch subdivisions are prohibited except by variance is transferring the approval from the zoning board to the variance board. Council Member Wilkins. concurred with Council Member Seeger. He stated that he got to take a drive with the Fire Marshall to the Corrigan. He stated that he could guarantee that if there had not been the open ditch concept in that area the flooding would have been horrendous. He stated that from his understanding if a new subdivision comes and requests the open ditch concept it would go before the variance board. Page 8 of 10 — 04/08/02 JPH 0Q9 -- Deputy City Manager Alan Mueller clarified that a variance to the Subdivision code would go before the Planning and Zoning Commission. Council Member Marcott stated that the city should not have to pay to maintain the open ditches. He pointed out that some of the open ditches stay with water and are very hard to mow and maintain, and used Pine Hollow as an example. He stated that asphalt streets break up much faster then the concrete streets and the city has to pay for it because the builder took the cheap way out. He stated that he does have a problem with both of above-mentioned items and feels the city should not have to pay for what the developer does or does not do when they take a shortcut. Mr. Marcott then asked what the problem is for Mr. Nys' s development. Mr. Nys replied that his concern is with the pump and he has no objection to the curb and gutter or concrete in his subdivisions. Council Member Marcott stated that he has a problem with the pumps. He asked who would maintain the pumps once the builder/developer is gone. He stated that ultimately the city is going to be left to worry about that issue. Mr. Nys explained that with his situation the pump would only be there for three years because at that time the Brazoria Drainage District is going to come in and increase the depth and size of the ditch. Council Member Wilkins stated that just because the streets are curb and gutter does not mean they are maintenance free. Council Member Owens disagreed with Council Member Wilkins. He stated that he agrees nothing is maintenance free, but the city can convey as much water underground as on top. He stated that the open ditches are not very pleasing in some ofthe neighborhoods, although in some of the older subdivisions people do mow and take care of them. He explained that he does have a problem with open ditches along the asphalt roadways due to the water getting backed up under the shoulders. He stated that the open ditches are something that really needs to be observed due to the problems they are causing the city. Council Member Owens commented on the open ditches along County Road 101 and if an accident were to happen this morning you would have been over the roof in water. He stated that they need to look out for the safety and welfare of the citizens. Council Member Seeger stated that during a workshop the drainage issue was discussed and the City Engineer agreed that the open ditches do provide a significant drainage for local detention. He stated that he is reluctant about doing away with local detention. Page 9 of 10 — 04/08/02 JPH u10 VI. ADJOURNMENT The public hearing adjourned at 7:50 p.m. utes respectfully�subrnitt by: e ' er Gonzal , Pl g & Zo ' g Secretary Minutes approved as s tted and/or corrected this 13 day of May , 2002, AD Tom Reid, Mayor Page 10 of 10 — 04/08/02 JPH