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2002-06-10 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES91 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JUNE 10, 2002, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The Joint Public Hearing was called to order with the following present: Mayor Mayor Pro -Tem Council Member Council Member Council Member Council Member P&Z Chairman (Acting) P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger Richard Tetens H. Charles Viktorin Todd Iocco Kevin McDonald Robert Scherrer Don Sederdahl 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 Vice -Chairman Donald Glenn was absent. ZONING APPLICATION NO. 1040 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:39 p.m. II. PURPOSE OF HEARING Request for an amendment to the existing Shadow Creek Ranch Planned Unit Development (PUD) to add a comprehensive sign program, on the following described property, to wit: Zone Change Application No. 1040 Legal Description: Being 3305 acres of land, more or less, located in the Dupuy and Roberts Survey, Abstract 726, Brazoria Co.; William Morris Survey, Abstract 344, Brazoria Co.; T.C. R.R. Co. Survey, Section 3, Abstract 678, Brazoria Co.; T.C.R.R. Co. Survey, Section 4 (John W. Maxey), Abstract 675, Brazoria Co.; Obediah Pitts Survey, Abstract 717, Brazoria Co.; H. T. & Page 1 of 10 — JPH Minutes . 9? B. R.R. Co. survey, Section 80 (J.S. Talmage), Abstract 564, Brazoria Co.; H. T. & B. R.R. Co. Survey, Section 81, Abstract 300, Brazoria Co.; H. T. & B. R.R. Co. Survey, Section 82 (J.S. Talmage), Abstract 565, Brazoria Co.; H. T. & B. R.R. Co. Survey, Section 83, Abstract 305 in Brazoria Co. and Abstract 761 in Fort Bend Co.; S.G. Haynie Survey, Abstract 212 in Brazoria Co. and Abstract 620 in Fort Bend Co.; Franklin Hooper Survey, Abstract 198, Fort Bend Co.; George W. McDonald Survey, Abstract 577, Fort Bend Co.; I.C. Stafford Survey, Abstract 668, Fort Bend Co. and the H. Levering Survey, Abstract 279, Fort Bend Co., TX (Shadow Creek Ranch Development) Owner: Shadow Creek Ranch Development Company, L.P. 2947 Broadway St, Suite 303 Pearland, TX 77581 Agent: Kerry R. Gilbert & Associates, Inc. P&Z Chairman Todd Iocco read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples made a formal introduction of the new Planner, Theresa Grahmann. He stated she is from the City of McKinney, which is northeast of Dallas. Executive Director of Community Services Tobin Maples briefly explained the location of the proposed zone change. He pointed out there were previous issues regarding the "Community Benefit" signs, which have been removed from Highway 288. He stated the _ number of signs has been significantly reduced compared to the City's sign ordinance. He explained our ordinance allows five signs per builder per subdivision, and the developer is limiting their builders to three signs per subdivision with additional footage. He stated staff is recommending approval. Mayor Tom Reid introduced new Council Member Charles Viktorin. III. PERSONS 'WISHING TO SPEAK FOR THE PROPOSED REQUEST Gary Cook, 2947 Broadway, Pearland, TX stated he has two points to discuss. He stated his first point is from the previous workshop. He pointed out that inadvertently the signs that were on FM 521 were left off. He stated they must have been deleted from the application, however they are still putting "Community Benefit" signs on FM 521. He stated that secondly, internal directional signs, which originally they requested additional footage, have been reduced to 8' X 12'. He stated this is the same size as the green "City of Pearland" signs. He stated they have complied with the requested issues and are requesting approval. Page 2 of 10 — JPH Minutes 93 Mason Weems, West Columbia, Texas, stated that he is in favor of any program Shadow Creek Ranch is a part of as long as it is does not involve his 12 acres. He stated the legal description should be 3305 acres minus his 12 acres. He hopes this matter is resolved and it is still in litigation. He asked for additional time while this issue is worked out. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Marcott asked for clarification regarding the signs on FM 521. Gary Cook replied they are the same as the previous ones they had requested for Highway 288. P&Z Commissioner Russ Selemon asked what size the current sign ordinance allows for directional signs. Executive Director of Community Services Tobin Maples stated that 32 square feet is the maximum. Gary Cook pointed out the directional signs have been reduced to 8' X 12', which is 3 times the allowed amount of square footage and not four. VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:54 p.m. ZONE CHANGE APPLICATION NO. 1039 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:55 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 Commercial District (C), on the following described property, to wit: Zone Change Application No. 1039 Legal Description: 8.842 acres, H. T. & B. R.R. Co. Survey, A-243, Brazoria Co., TX, being a portion of Lot 8, Section 19, Allison Richey Gulf Coast Home Co. Subdivision, as recorded on a map or plat in Page 3 of 10 — JPH Minutes 6M Volume 2, page 23, Brazoria Co. map records, Brazoria Co., TX (1115 Cullen Boulevard) Owner: Paul Brent Durrett 6120 Brookside Drive Pearland, TX 77581 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples 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. He stated 12 surrounding property owners were notified and there were no Public Comment Forms returned. He stated the City has spent the last 18 months working on this particular area in the Comprehensive Plan and it now calls for residential. He stated that in most cases staff would recommend denial, however Cullen is destined to be a six -lane road and the property in question is at the intersection of 2 major roads. He stated the property to the north is "Commercial" and he doesn't see anyone developing houses in the middle of "General Business" and "Commercial" zoning at a major intersection. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Brent Durrett, 6120 Brookside Road, Pearland, TX stated that he is the owner of the property and had already been before the City many times requesting zoning. He stated that Tobin Maples did an excellent job of stating his case. He stated that Cullen is going to be a six -lane road and County Road 403 is going to be four lanes. He pointed out that Cullen Blvd is a dedicated truck route. He added that his property is on two major intersections and in the middle of two commercial properties. He stated his property needs to be Commercial. He stated the Comprehensive Plan calls for "Residential" and there are only six houses on Cullen Blvd, one that he owns. He stated that he feels Cullen is not a residential area in his mind and is a good location for business. He finished by stating he has invested a lot of money, in this business. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Mayor Tom Reid read into the record that Susan Dietrich mailed in a Public Comment Form and is against the request. VI. ADJOURNMENT Page 4 of 10 — JPH Minutes 95 The Joint Public Hearing adjourned at 7:05 p.m. SPECIFIC USE APPLICATION NO. 108 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:06 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Commercial District (C) to Commercial District - Specific Use (C(S)) for storage and mini -warehouse, on the following described property, to wit: Specific Use Application No. 108 Legal Description: Lot 3, Block 1, Old Chocolate Bayou, Brazoria Co., TX (2737 Old Chocolate Bayou Road) Owner: James and Dorothy Medearis P.O. Box 937 Pearland, TX 77588 Agent: Osborn & Vane Architects, Inc. P&Z Chairman Todd Iocco read the purpose of the hearing into the record. Executive Director of._ Community Services Tobin. Maples 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. He stated they are requesting the specific use permit to expand the business for warehouse use. He pointed out that the Land Use Ordinance was amended in May of last year to require that a Specific Use Permit be issued for any storage facilities. He stated 10 property owners were notified and no Public Comment Forms have been received. The request is consistent with the Comprehensive Plan and the applicant is aware that a Traffic Impact Analysis may be required and they will have to comply with the masonry requirement. Staff recommended approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Jason Chapman, Osbourn & Vane, 2000 Bering Dr, Suite 410, Houston, TX asked for his request to be approved. He stated that his client has purchased the land and would like to expand the facility. He stated there is room for one more facility. He handed out a Page 5 of 10 — JPH Minutes MAN drawing to City Council of the proposed business. He stated the colors would match the existing facility. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Marcott asked what the requirement is for detention. Executive Director of Community Services Tobin Maples replied they would have to go through the standard application process and the detention would be reviewed during this time. Jason Chapman added that they have a Master Detention System for the entire project. Council Member Viktorin stated there is currently a sign on the property for a restaurant. He asked if this is no longer applicable. Jason Chapman replied the sign is correct and it is for a different parcel of this property. Council Member Owens asked if all three sides would have to comply with the masonry requirement. Executive Director of Community Services Tobin Maples replied all three sides are visible therefore they would have to comply. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:15 p.m. SPECIFIC USE APPLICATION NO. 107 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:16 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R1) to Single Family Dwelling District — Specific Use (R1(S)) for a church, on the following described property, to wit: Specific Use Application No. 107 Legal Description: 9.521 acres, W.D.C. Hall League, A-70, Brazoria Co., TX (3007 and 3017 Yost Road and 3214 Hamm Road) Page 6 of 10 — JPH Minutes 97 Owner: Shadycrest Baptist Church 3214 Hamm Road Pearland, TX 77581 Agent: Sidney Kliesing P&Z Chairman Todd Iocco read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples 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. He stated 32 surrounding property owners were notified and no Public Comment Forms have been returned. He stated this area consists of mixed zoning and the Comprehensive Plan does recommend Residential use. He pointed out the Land Use Ordinance does allow churches in residential zoning with a specific use permit. He added the church serves as a buffer between the residential uses and staff recommends approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Sidney Kliesing, 2110 Shady Glen, Pearland, TX stated he has been a resident since 1930. He is the Chairman for the Shady Crest Baptist Church and has signed on as the agent for the request. He requested approval. Steve Daily, Pastor, 2301 Cunningham, Pearland, TX stated that he has been the pastor for five years. He stated they represent a congregation of 600 members, and they have another representative to speak and they have tried to limit their speakers to three people. He added they have a petition of 157 members, which have expressed thier desire for the city's approval. He stated the church has been there for 3.2 years. They desire a 5,000 sq. ft. building and presented pictures of the proposed addition that would be the children's building. He stated it would be an improvement to the appearance. Everett Alley, 2601 McLean, Pearland, TX stated that he has been a member for four years and there has been continuous growth. He stated they need this facility for the young children. He requested approval. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Mayor Tom Reid commented he has had the pleasure of having breakfast with members of the church on Saturday mornings. Page 7 of 10 — JPH Minutes 98 VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:25 p.m. ZONING APPLICATION NO 1037 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:26 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 (R2) on the following described property, to wit: Zone Change Application No. 1037 Legal Description: 40 acres, being all of Lots 44, 45, 54 and 55, out of the Allison Richey Gulf Coast Home Co. Subdivision, according to the plat recorded in Volume 2, page 98, Brazoria Co. plat records, situated in the J.S. Talmage Survey, Section 80, A-564, Brazoria Co., TX (CR 59) Owner: Family Care Medical Clinic/Ulysses Watkins, Jr., M.D. 14215 S. Post Oak Houston, TX 77045 Agent: James Johnson P&Z Chairman Todd Iocco read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples 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. He stated 14 surrounding property owners were notified and there were no Public Comment Forms returned. Staff recommends approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST James Johnson, 900 Hollow Lane, stated he is the agent and they currently have the property under contract. He stated the 175 acres to the east is zoned R-2, however they built an R-1 subdivision. He stated the access would come from Kirby Drive and when Page 8 of 10 — JPH Minutes we they begin construction of the subdivision they would have to construct Kirby also. He stated the property has no other access and no utilities. He requested approval. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Marcott stated that he opposed to Southgate because of the lack of the overpass on Highway 288. He doesn't see the overpass being built by the time the development takes place. He stated it would be hard for him to support this request without the overpass. He added that he would rather this be R-1 with more open space. He also expressed concerned regarding traffic. James Johnson replied that he has already done a Traffic Impact Analysis on SouthGate and it showed that there would not be a significant number of people affected. He stated however he would do another Traffic Impact Analysis if required. VI. ADJOURNMENT The Joint Public Hearing adjourned 7:35 p.m. ZONING APPLICATION NO. 1042 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:36 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 (111) on the following described property, to wit: Zone Change Application No. 1042 Legal Description: Lot 8, Block 7, Hickory Creek Place, H. T. & B. R.R. Co. Survey, Section 7, A-219, Brazoria Co., TX, according to the map or plat thereof recorded in Volume 11, page 1, Brazoria Co., TX (O'Day Road) Owner: Phillip W. &Terri Rutter 12719 Max Road Page 9 of 10 — JPH Minutes too Pearland, TX 77581 Agent: Lynda Taylor Kennedy P&Z Chairman Todd Iocco read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples 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. He stated the lot does meet the minimum requirements for both R-1 and RE, however the applicant chose to go with the R-1. The request is compliant with the Comprehensive Plan and staff recommends approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Kennedy, PO Box 1976, Pearland, TX 77588 stated that they were refugees from Corrigan South and they now live in an apartment. He stated they would like this zoning to build a house. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST James Geraci, 2607 Gunpowder, Pearland, TX stated that he has property adjacent to this request. He stated that he thinks it would be inappropriate to zone this as residential when his business and "South Texas Screening" are directly adjacent to the property. He thinks the area should be Commercial. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services -Council Member Marcott asked where Orange Drive is going to extend. Executive Director of Community Services Tobin Maples replied that it would tie into Kelly. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:40 p.m. mutes respectful)y subn #tqd by: Jen fer Gonzalo -1 Planning & Zop4ng Secretary Minutes approvetmitted and/or corrected this 24 day of June , 2002, AD Tom Reid, Mayor Page 10 of 10 — JPH Minutes