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2002-07-08 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES-- MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 8, 2002, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. I. H. CALL TO ORDER The Joint Public Hearing was called to order at 6:45 p.m. with the following present: Mayor Mayor Pro -Tem Council Member Council Member Council Member P&Z Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Klaus Seeger Richard Tetens H. Charles Viktorin Todd Iocco Kevin McDonald Robert Scherrer Don Sederdahl 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 Russ Selemon was absent. CALL TO ORDER The first Joint Public Hearing was called to order at 6:46 p.m. 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 Heavy Industrial District (M-2) on the following described property, to wit: Zone Change Application No. 1043 Legal Description: 10.0597 acres, being Lot 3, Allison Richey Gulf Coast Home Co. Subdivision, Section 10, H. T. & B. R.R. Co. survey, A-505, Brazoria Co., TX, as recorded in Volume 2, page 24, plat records of Brazoria Co., TX (7717-7817 Thomson Street) Owner: Marie Thomson 7730 Thomson Street Pearland, TX 77581 Page 1 of 10 - 7/08/2002 133 134 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 about the request. Mr. Maples explained this area has been heavily studied with the Cullen Boulevard plan and the outcome was to leave the area as residential. He stated that due to that fact staff is recommending denial. He stated the future use of Stone Road could be expanded and Houston may try to make the connection to the Beltway and maybe at that time "General Business" or "Commercial" may be acceptable. Mr. Maples commented that staff does not support Heavy Industrial in this area. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Charles Wilson, Attorney, 1331 Lamar, Suite 1160, Houston, TX 77010 was hired to assist Mrs. Thomson (owner of Stone Road Industrial Park) in receiving the requested zoning. He stated he is disappointed and distressed to find out staff has already recommended denial. Mr. Wilson pointed out this is the second request to recognize Mrs. Thomson's rights to her property. He stated he feels the City of Pearland owes Mrs. Thomson an obligation for consideration on her request and Mrs. Thompson owes the City of Pearland every opportunity to review and fully understand her position..He explained that Mrs. Thomson has owned the 10 acres for 22 years and has been operating it as an industrial park with four industrial -commercial steel buildings on the property, which were there long before the City annexed the property. He stated she has certain vested rights to this property. Mr. Wilson handed out a booklet, which contained materials in support of Zone Change Application No. 1043. He gave an extensive review of the contents of the book and explained Mrs. Thomson's constitutional rights. He referred to the Fifth Amendment of the United States Constitution, which states "...nor shall private property be taken for public use, without just compensation." Mr. Wilson pointed out the property now has a value in excess of a million dollars and if Mrs. Thomson does not get the requested zoning, the value could drop to $11,000 per acre. He briefly went over the pictures of the property that were in the booklet. He requested the zoning for his client to be amended so she can continue to own and develop the property as she has in the past 22 years. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Cecil Boykin, 13130 Max Road, Pearland stated the western part of his property adjoins with the eastern side of Mrs. Thomson's property. He stated his main concern is the existence of the pipeline that runs through the property. He pointed out that in 1978 there was an explosion that killed several people and there has been no remedial work done. Mr. Boykin stated it's not smart to build an industrial park on a pipeline. He stated his second concern is regarding the recent history of the property owner not taking care of the property and he referred to the overgrown weeds, brush and trees. He showed a drawing of the Page 2 of 10 - 7/08/2002 135 pipeline going through the property. Mr. Boykin stated that an unhealthy environment has been created and if the business were expanded that would increase the chances of his property flooding. He reminded the Council and Commission about the precedent that would be set if they approve this request. Bruce Seeley, 1318 Stone Rd, Pearland, TX stated the pictures shown were of the surrounding area of the business and if you drive out there you will notice that the .area is primarily residential on Stone Road and Max Road. He stated the Constitution is one that balances property owner's rights and mostly everyone in this area is against the request. He added that somebody once told him it would be a good thing to be annexed into the City. He stated all he has seen is a bill for higher taxes and he stated this is the one time that living in the City of Pearland can help out interests for the residents in that area. Suzanne Danz, 1357 Stone Rd, Pearland, TX stated that according to the Brazoria County Appraisal District there are approximately 200 acres of residential property along Stone Road and only 41 acres of business (4 businesses). She stated the area was totally residential before the gas pipeline explosion that disintegrated several homes. She stated she thinks it's fair to continue operating a business under the grandfather clause; but to classify an area as Heavy Industrial in the middle a residential neighborhood with no fire hydrants, no water, and no fire department near would be irresponsible on the City. She stated that as a former Enron employee she has seen first hand what happens when those in charge that are protecting the investments of hardworking people choose to do what is best for a select few. She compared City Council to the Enron leaders in making this decision. She asked for them to protect the environment of the residents. She is against the request. Monica Daily, 1156 Stone Road, Pearland, TX has lived there 14 years. She does not have a good understanding as to what is instigating the reason for requesting the zone change. She asked if the owner is trying to sell it or if there is a change to the existing use. She commented that this is grandfathered and she can continue to operate the way she has for 22 years. She stated it would decrease the land values, increase pollution, increased flooding and have a potential for catastrophe to the area with no fire hydrants in the area. She stated this is the third or fourth go round in the Stone Rd area and so far the homeowners have been very pleased with the results. She stated her daughter spoke here and received a nice letter from the City and she has kept the letter in her scrapbook. They would like to keep the area residential. Steve Bowers, 7002 Brookside Rd, Pearland, stated that they should leave everything the way it is now. He pointed out what has been covered: fire hydrant issue, safety, and the pipeline explosion. He stated the property is not being taken care of. He stated he has problem with one of the businesses regarding noise. He is against the request. Walter Pasciak, 7705 Brookside, Pearland, TX 77581 stated that he strongly supports the people who have spoke in front of him who have already covered all the issues. He stated that regarding the Brazoria County Appraisal District his tax value on his land is already Page 3 of 10 - 7/08/2002 136 higher then the appraised value. He asked why there is not a fire department yet. He stated they also have problems with Emergency response due to the change of addresses. He stated that last month EMS could not find a house on Max Road, and two months ago they could not find his house. He explained that Industry should remain in an Industrial area. -- Jim Humlick, 1212 Stone Road, Pearland, TX stated that he has been a resident there for 23 years and he concurs to all the previous objections made. He stated that roads are not well maintained. He asked if "Thompson Street" is really a street. He added that Heavy Industrial does not belong in that area. Byron Sutherland, 2458 Country Club, Pearland, TX stated that his wife was born and raised on this property therefore there is a strong emotional commitment to make sure it is developed in a decent way. He stated the City of Pearland has done a poor job enforcing any health/sanitary conditions V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Viktorin stated it asked a couple of time why the area is being zoned. He explained that if a hurricane were to come through and wipe out the business then the grandfather clause would go away and they could not rebuild the buildings. Mrs. Thomson stated the City of Pearland requested her driveway to have a street name so she could obtain addresses for her facility. She exclaimed she went round and round with CR Long of the Engineering Department for a year and a half about this. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:20 p.m. SPECIFIC USE APPLICATION NO. 1043 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:21 p.m. H. 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 -warehouse storage, on the following described property, to wit: Specific Use Application No. 109 Page 4 of 10 - 7/08/2002 Legal Description: 8.2126 acres, being Tract A, out of 17.3151 acres in the H. T. & B. R.R. Co. survey, Section 11, A-239, Brazoria Co., TX (4181 Magnolia Street) Owner: Mancel C. Beam 4181 Magnolia Pearland, TX 77584 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 8 surrounding property owners were notified. He stated the Comprehensive Plan does call for Light Industrial and the property was consistent with the surrounding uses of the area, therefore staff recommends approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE 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 Viktorin asked if they would have to comply with the fagade requirements. Executive Director of Community Services Tobin Maples replied they would have to comply with the fagade requirements. P&Z Chairman Todd Iocco asked if the property to the north is being used. Executive Director of Community Services Tobin Maples replied it is vacant. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:21 p.m. SPECIFIC USE APPLICATION NO. 110 I. CALL TO ORDER Page 5 of 10 - 7/08/2002 137 138 The 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 Single Family Dwelling District (112) to Single Family Dwelling District — Specific Use (R2(S)) for a daycare, on the following described property, to wit: Specific Use Application No. 110 Legal Description: Being a tract of land out of a 31.606 acre tract of the H. T. & B. R.R. co. survey, Section 11, A-239, Brazoria Co., TX (4604 Walnut) Owner: Don & Janell Moore 4604 Walnut Pearland, TX 77581 Agent: Donna Moore 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 23 property owners were notified of the request and 1 form was returned in support of the request. He stated the applicant is aware that a lot of improvements would need to be made in order to have the structure brought up to code (ADA upgrades, parking, access..). III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Donna Moore, 3201 Alexander Parc, Pearland TX stated they currently have a home they live in and run an after school program. She is requesting this change mainly for the land use. She stated that 90% of her children are from Shadycrest and he center would be very small. She explained that she tutors children after school and helps them get their homework done and keep their grades up. She stated the Walnut Home would accommodate 34 children. Mrs. Moore has lived in Pearland for over 30 years. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Page 6 of 10 - 7/08/2002 Mr. Tobin Maples, Executive Director of Community Services NONE VI. ADJOURNMENT The Public Hearing adjourned at 7:31 p.m. ZONE CHANGE APPLICATION NO. 1049 I. CALL TO ORDER The Joint Public Hearing was 7:32 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 (R1) on the following described property, to wit: Zone Change Application No. 1049 Legal Description: Lot 11, Robin Cove Subdivision, Section 2, Brazoria Co., TX, according to the map or plat thereof recorded in Volume 19, pages 185-186, plat records of Brazoria Co., TX (7105 Robin Meadow) Owner: Everett & Liz Alley P.O. Box 3332 Pearland, TX 77588 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 that 18 property owners were notified of the request and there were no forms returned. He stated staff recommends approval and the Comprehensive Plan does call for Low Density in this area. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE Page 7 of 10 - 7/08/2002 139 140 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 therecord that Mr. Jerald R. Landis of 1913 Robin Meadows Dr returned a Public Comment Form and he is in support of the request. VI. ADJOURNMENT The Public Hearing adjourned at 7:37 p.m. ZONE CHANE APPLICATION NOS. 1044,1045, AND 1048 I. CALL TO ORDER The Public Hearing was called to order at 7:38 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 Estate Lot Single Family Dwelling District (RE) on the following described property, to wit: 1. Zone Change Application No. 1044 Legal Description: 8.750 acres, being Tracts 17A, 17B and 18, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat thereof recorded in Volume 2, page 23, plat records of Brazoria Co., TX (8210 Brookside Road) Owner: Beatrice Lejsal 8210 Brookside Road Pearland, TX 77581 2. Zone Change Application No. 1045 Legal Description: .6190 acres, being the East 135.66' of Tract 66, Hahl's Figland Orchard Subdivision, as recorded in Volume 3, page 77, Brazoria Co. plat records, Brazoria Co., TX (5920 Fite Road) Owner: Jesus M. Vasquez Page 8 of 10 - 7/08/2002 141 3202 Hatfield Road Pearland, TX 77584 3. Zone Change Application No. 1048 Legal Description: 8.11 acres of land, being part of Lot 46, Allison Richey Gulf Coast Home Co.'s -Subdivision, Section 80, H. T. & B. R.R. Co. survey, A-564, Brazoria Co., TX, according to the plat recorded in Volume 2, page 98, plat records of Brazoria Co., TX (2657 CR 59) Owner: Jose M. and Sandra R. Martinez 6762 Richwood Houston, TX 77087 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 that all of the requests are consistent and staff is recommending approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Zone Change Application No. 1044 Beatrice Lejsal, 8210 Brookside Rd, Pearland, TX stated her husband build there home 43 years ago and she has 9 acres of property. Mrs. Lejsal is 75 years old and would like to be a resident as long as she lives on this property. She states she has nice neighbors and loves living in Pearland. Juanita Sutherland, 2458 Country Club, Pearland, TX stated that she has known Beatrice Lejsal for a very long time and she was very good to Mrs. Sutherland's parents. She would like to support her request for residential zoning. Suzanne Danz, 1357 Stone Rd, Pearland, TX stated that she would like to support Mrs. Lejsal's request. Mrs. Danz commented that Mrs. Lejsal is very nice and deserves yard of the month. Bruce Seeley, 1318 Stone Rd, Pearland, TX stated he has never got to know Mrs. Lejsal however, everyone is really in favor of residential zoning in this area. He asked how she keeps all that are mowed. Page 9 of 10 - 7/08/2002 142 Steve Bowers, 7002 Broadway, Pearland, TX stated that he supports the residential zoning in this area. He stated they need more people in Pearland like Mrs. Lejsal. Robert Garner, 8126 Brookside Rd, Pearland, TX stated that he grew up one house from Mrs. Lejsal and he would like to see her house as residential. He stated he needs his place to be Commercial, but he thinks they can work together. He stated Mrs. Lejsal's tractor gets stuck about once a month so they have to go help her but she always brings over a plate of cookies for them in return. Zone Change Application No. 1048 Jose Martinez, 6762 Richwood, Houston, TX stated that he would like to build a house on this property. He stated Pearland is a nice place to live and he would like to raise his children here. 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 pointed out that Mrs. Lejsal is very welcomed by the people.. Mrs. Lejsal pointed out that Robby has been a good neighbor. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:52 p.m. utes respectfully sub fitted by: J ' er Go s, g oning Secretary Minutes approved as submitted and/or corrected this 12 day of August , 2002, AD Tom Reid, Mayor Page 10 of 10 - 7/08/2002