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2002-08-12 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, TO BE HELD AUGUST 12, 2002, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS L CALL TO ORDER The meeting was called to order at 6:45 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Larry Marcott Council Member Woody Owens Council Member Klaus Seeger Council Member Richard Tetens Council Member Charles Viktorin P&Z Chairman Todd Iocco P&Z Vice -Chairman Russ Selemon P&Z Commissioner Ray Bacon P&Z Commissioner Sheryl Greiner P&Z Commissioner Ruby Sandars P&Z Commissioner 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 Robert Scherrer was absent. ZONING APPLICATION NO. 1058 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:45 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 Heavy Industrial District (M-2) on the following described property, to wit: Zone Change Application No. 1058 Legal Description: Being part of Lot 32 and Lot 33, Section 8 of the H. T. & B. R.R. Co. survey, A-504, as shown by the Allison Richey Gulf Coast Home Co. plat, Volume 2, page 23, plat records of Brazoria Co., TX (1854 Garden Road) Page 1 of 19 — JPH Minutes Owner: F.F.& E. Family Limited Partnership P.O. Box 1462 Delano, CA 93216 Agent: ' City of Pearland P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples gave a brief description of the location of the request. He explained this tract of land was considered for re -zoning last year and it is back with an identical request, however this time the City of Pearland is the applicant. Mr. Maples addressed the new changes in the packets regarding new information that has been provided to make a more informed decision. He stated that the Comprehensive Plan calls for low density, which is RE, R-1, or R-2, however the Thoroughfare Plan calls for Garden Road to be a major collector street, which requires an 80' right-of-way and would be widened to be a four -lane road. Mr. Maples reported that the area was annexed in 1998 and zoned as Suburban Development District. He pointed out the east side has two tracts also zoned as Industrial zoning, which was approved by City Council. The city sent out 19 Public Comment Forms and none were returned. Staff is recommending approval. He added the City is currently working on legal issues with the case and the next case as well. Mr. Maples showed slides of the property and gave a brief description of the surrounding properties. IV. APPLICANT PRESENTATION John Hightower of Olson and Olson, was hired by the City's insures to defend the lawsuit brought on by the property owner of this request and two other tracts. They have applied for zoning on all three of these properties, which were denied and the owner has now filed a suit. He pointed out that it is important to understand the context of all three tracts, two that are on the agenda this evening, and the third is the larger rectangular piece to the south. Mr. Hightower explained if they win the lawsuit all three pieces are going to be zoned for Industrial use. He went on to explain that in order to avoid all three pieces becoming Industrial, the City has worked out a settlement to have the existing business e as zoned as "Heavy Industrial", the site to the south with a house d be lefuldtasr Roy Road would ezoned Suburban "Commercial", and the undeveloped site that fronts Development". Mr. Hightower stated as the City's outside attorney it is his job to look out for the interest of the City, and he strongly recommends approval of the zoning request. V. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Peter Loch, 7126 Robin Cove, stated he originally came to oppose the request, however he changed his mind because of the settlement or compromise. He is not in Page 2 of 19 — JPH Minutes favor of Heavy Industrial, having the piece of property left as undisturbed may be the best for the City. VI. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Ray Qualey, Robin Cove Subdivision, stated that :the roads are too narrow in this area. He referred to the paving on Garden, which was done recently and is now parting. He stated there are deep ditches on each side of the road also. He stated that the Lawhon School is less then a mile away from this request. Mr. Qualey doesn't see why the City would take a quiet neighborhood and stick a noisy development right in the middle. He stated there are a lot of nice homes out there and he is completely against the request. Bruce Hornsby, 7121 Robin Meadow, stated that the drawing is not even correct because it does not show where the bridge is, which is a very small bridge. He stated they have a lot of children in this area. He commented that if the gentleman bought the property as Suburban Development then that should remain the way it is because he did not buy Heavy Industrial. He stated as a homeowner he is sure that the City Council would not want to have this next to them. He referred to the owner who spoke at the first Joint Public Hearing who spoke his piece then left and didn't even stay to hear the residents concerns. He asked why the City would want to have a property owner like that. Mr. Hornsby stated the City may end up like Pasadena. He stated that regarding the comment of Garden Road becoming a four -lane road, the taxpayers are going to pay for that, and why should they pay for that to support this business. Steve Papis, 6926 Sharon Dr, Pearland, TX 77581, stated there is no reason in the world for a truck to be on that Street. He also brought up Mr. Salvucci leaving when the residents stated their concerns and how he stated that he does not care about what Pearland does. Mr. Papis argued that Pearland does care about what they do. He stated that Mr. Salvucci was supposed to build a wall to keep the Bailey's from flooding and it was never done. He added they cannot trust this man and who knows what he does inside that building. Peter Loch, 7126 Robin Meadows, Pearland, TX 77581 stated he takes everything he said back. He is against the Heavy Industrial. He stated the area is a residential area. MR. Lock added the only reason he was for the request to begin with is because he thought there was some kind of agreement with the City, however from hearing the people talk he has learned that the owner doesn't even keeps his agreements with the people. Eric Hicks, 1525 Garden Road, Pearland, TX 77581, stated he is against the request. He stated currently there are 18 -wheelers that drive down the road and the road is not even wide enough. He stated if the 18 -wheeler were to break down, it would block off the whole road. He pointed out there is not proper traffic control. He stated the road that is there is not suitable for 30-40 thousand pounds and if they want to operate on this road, then the City needs to put in better traffic signals. Page 3 of 19 — JPH Minutes VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services P&Z Vice -Chairman Selemon asked for clarification on the third parcel as Suburban Development. He asked if there is anything in the agreement that states the owner won't come back for zoning in a year. Mr. Hightower replied that issue was not raised, however he is confident that they would agree to this if necessary. He stated the owner is aware that they cannot build on that property as an industrial facility. He commented the only reason the City is agreeing to this now is because the property owner is willing to give up developing that property. He stated he would work on getting stipulation put into the agreement. Council Member Marcott stated he would like to see some restrictions put on the property if it is zoned M-2 because right now the Land Use and Urban Development Ordinance allows an auto wrecking junk yard, concrete batching plant, or a dancehall night club. He asked what would happen if the property owner were to leave and this property is just left as Heavy Industrial. City Attorney Darrin Coker stated they have already been discussing this case for two years and it would not be wise to impose any new restrictions into the agreement for various reasons the Council is already aware of. Council Member Owens asked if the City has looked at the weight limit for the bridge. Deputy City Manager Alan Mueller replied they have not and there is no sign posted for the weight limit. Council Member Owens asked if they could look into the bridge and the condition it is in. Council Member Seeger stated he would like to see some commitment so somebody else doesn't come back in a year with the same litigation. Council Member Viktorin stated that during the previous briefings with the City Council Mr. Hightower pointed out one of the reasons he recommended this compromise because in all probability the City would lose this case due to spot zoning, however with the compromise the City would be in a position to deny any M-2 request on Roy Road because there is nothing along Roy Road that has set a precedent. Mr. Hightower replied the concern he has as the City's lawyer is regarding the history of this case. He pointed out that this area was not in the city when it was built, and what happened after the city annexed the area as Suburban Development, the surrounding business owners carne in and were uniformly granted their variance. Mr. Hightower Page 4 of 19 — JPH Minutes explained that Mr. Salvucci being from California was not aware of what was going on and later found out from his neighbors, therefore he wanted to come to Pearland and get the same treatment as his neighbors. He stated he is concerned for defending the City in court if the only basis he has is the gentleman is not from Pearland. He commented the courts are not comfortable with those reasoning's: P&Z Vice=Chairman Selemon stated he doesn't understand how the property on Roy Road is any less of a problem for M-2 zoning because he feels the City is setting itself up for more of a precedent having this property adjacent to another Heavy Industrial property. Mr. Hightower explained the issue for the property along Roy Road is not that it faces Roy Road that makes is more defensible, the issue is that the property along Roy Road has not been developed and is vacant. P&Z Vice -Chairman expressed concern for the possibility of Mr. Salvucci expanding his business to the Suburban Development property. Mr. Hightower stated that there is a physical separation (a utility fee strip) therefore a separate building would have to be built. Mr. Hightower stated he would defend the City if that situation ever arises. Mr. Hightower explained the City may be liable for damages that the City's insurance is not covering if Mr. Salvucci is successful in this lawsuit. VIII. ADJOURNMENT The Joint Public Hearing adjourned at 7:15 p.m. ZONE CHANGE APPLICATION NO. 1057 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 Suburban Development District (SD) to Commercial District (C) on the following described property, to wit: Zone Change Application No. 1057 Legal Description: 11.515 acres, Lots 32 and Lot 33, Allison Richey Gulf Coast Home Co. subdivision, A-504, Brazoria Co., TX (1930 Garden Road) Page 5 of 19 — JPH Minutes Owner: Anthony Welded Products, Inc. P.O. Box 1462 Delano, CA 93216 Agent: City of Pearland P&Z Chairman Todd Iosco read the purpose of the hearing into the record: III. STAFF REPORT Executive Director of Community Services Tobin Maples stated he has identical comments as the previous application. He stated staff is recommending approval. IV. APPLICANT PRESENTATION Mr. John Hightower of Olson and Olson, stated he is defending the City in the lawsuit and this is one of the two properties in the agreement for rezoning. He stated part of the agreement was to have this property as "Commercial". V. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE VI. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Bruce Hornsby, 7121 Robin Meadow, Pearland, TX 77581 stated that what he has seen tonight is that if you hire an attorney the City doesn't stand up for itself. He stated if the City is going to let any attorney come in and run the City then you might as well give them the key. Steve Papis, 6926 Sharon Dr, Pearland, TX 77581 asked how many lots does the owner have that he is holding on to. He stated he is against the request. VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Seeger commented on how long the City has been working on preventing this type of development. He stated they have spent a considerable amount of effort and cost on this case and preventing this type of development now for two years. VIII. ADJOURNMENT The Joint Public Hearing adjourned at 7:24 p.m. Page 6 of 19 — JPH Minutes ZONE CHANGE APPLICATION NO. 1054 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:25 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. 1054 Legal Description: Tract 1: 9.51 acres being a part of Lot 18 and all of Lot 19, Allison Richey Gulf Coast Home Co., F.B. Drake Survey, A- 504; and Tract 2:.0745 acres, being part of Lot 19, Allison Richey Gulf Coast Home Co., F.B. Drake Survey, A-504, Brazoria Co., TX (2425 Roy Road) Owner: CPI Group, Inc. P.O. Box 1710 Pearland, TX 77588 Agent: Becky Cornelius of Pat Griffin Realty, Inc. P&Z Chairman Todd Iocco read the purpose of the hearing into the record. IV. STAFF REPORT Executive Director of Community Services Tobin Maples stated the Comprehensive Plan does call for "General Business" uses. He stated the request is consist with the Master Plan and also consistent with some of the land uses. He stated Public Comment Forms were sent to 11 property owners and there were none returned in opposition or support of the request. Staff recommended approval. Mr. Maples showed slides of the property and gave a brief description of the surrounding properties. IV. APPLICANT PRESENTATION Becky Cornelius, representing CPI Group, Inc., stated the property is being used for screen manufacturing and they wish to sell of the front portion of the property, which is an office building. She stated the property to the north has been zoned for "Commercial' zoning. She stated the use of the land has been used for manufacturing. She stated there have been no calls opposing this development. She is requesting "Commercial' on the entire property and the intent is to sell of the front three acres. Page 7 of 19 — JPH Minutes V. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE VI. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Peter Loch, 7126 Robin Meadow, Pearland, TX 77581 stated his main objection is the reason they have a weak case on Garden Road (because of the two other properties on Garden that were already zoned Industrial). He doesn't want the same situation to happen with the precedent issue. Steve Papis, 6926 Sharon, Pearland, TX 77581 stated that he is against the request because once they sell of the front three acres of this property any kind of business could go there. VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Tetens asked Mr. Maples what the specific use is for the property tot eh north of them. Development Coordinator Mona Phipps replied it is for a machine shop. Council Member Marcott asked about the specific use permit for a cell tower. Deputy City Manager Alan Mueller replied that is on Max Road. VIII. ADJOURNMENT The Public Hearing adjourned at 7:34 p.m. Zone Change Application No. 1056 was withdrawn. ZONE CHANGE APPLICATION NO. 1056 I. ' CALL TO ORDER 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 Multi -Family District (MF) on the following described property, to wit: Zone Change Application No. 1056 Page 8 of 19 — JPH Minutes Legal Description: 1.9488 acres, out of Tract 30, George W. Jenkins Subdivision, J.F. Perry and E.M. Austin Survey, A-111, Brazoria Co., TX (Broadway Street) Owner: Estate of Francis Jamison, Jake A. Griffen, Independent Executor C/o Evelyn Newman, Century 21 Key Friendswood, TX 77546 Agent: Sally Gaskin V. STAFF REPORT IV. APPLICANT PRESENTATION V. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST VI. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services VIII. ADJOURNMENT ZONE CHANGE APPLICATION NO. 1056 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:35 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 Planned Unit Development (PUD) on the following described property, to wit: Zone Change Application No. 1050 Legal Description: 40 acres, located in the F.B. Drake Survey, H. T. & B. R.R. Co. survey, Section 14, A-509, Brazoria Co., TX (Northeast corner of Harkey Road and Bailey Road) Owner: Kirby Run Associates, L.P. 4719 Backenberry Drive Friendswood, TX 77546-3138 Page 9 of 19 — JPH Minutes Agent: Peter Boescher of Vernon Henry and Associates, Inc. P&Z Chairman Todd Iocco read the purpose of the record into the record. VI.. STAFF REPORT Executive Director of Community Services Tobin Maples pointed out this property is at the northeast corner of Harkey and Bailey Rd. He stated the Comprehension Plan calls for low density residential. He stated the proposed request is consistent providing a mixed use of zoning in the PUD. He stated the property is 31 acres with 4.9 acres of "General Business". He stated the lots are approximately 65' X 125' which is equal to 9300 feet as well as 75' X 125' which is 9300 feet. Public Comment Forms were sent to 25 property owners and there were none returned. Staff recommended approval. IV. APPLICANT PRESENTATION Pierre Nys of Kirby Run Associates, L.P. and general owner, stated he is requesting to change from Suburban Development (SD) to Planned Unit Development (PUD). He stated first of all the plan is consistent with the Master Plan and is a major node with the lowest density. He stated that 4.9 acres are for Commercial use and when that property is developed they would have to go through the joint public hearing process. He pointed out that he opted for the least dense configurations. He stated the PUD would have restrictive covenants and the Commercial property would have to comply with these covenants. V. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE VI. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Betsy Scofield, 12996 Trail Hollow, Pearland, TX stated that she does not have enough information. She added that she is a builder for Ravenwood Estates. She stated that it was her understanding that Renee West platted Ravenwood Estates Section Three across the street. She stated that they are building in the $300,000 range. She pointed out that she is not against the request. Steve Lawson, 4010 Ravenwood Ct, Pearland, TX 77584 stated that he is against the "Commercial" at Bailey and Harkey Road. He strictly disagrees with having Commercial in all four corners. He strictly recommends denial of this with the Commercial area. He stated the pictures did not do the area justice. He stated that he bought a $300,000 home not to have a store next to it. He stated that Mrs. Renee West told them when the bought into the subdivision that there would be a Ravenwood I, H, and III and they learned last Thursday that she sold that property. Page 10 of 19 — JPH Minutes Louis Mitchell, 4041 Ravenwood Ct, Pearland, TX 77584 stated that he moved in three years ago with the understanding of Ravenwood Phase I, II and III. He stated that Phase III is the property requesting this zoning. He stated that he would be the most effected because he is right -across the street. He stated that he has a good view of birds and trees. He added that last week to their surprise, along with several other surprises from West Development, they were hit with this. He stated as the residents of Ravenwood-Estates they were all hit real hard with this. Alan Curtis, 4025 Ravenwood Ct, Pearland, TX 77584 stated that they live directly west. He reiterated that from his understanding this land was a part of Ravenwood Estates. He pointed out they have 'h acres lots and are restricted from building a privacy fence along Harkey Road. He stated that Renee West promised Parkstone Homes and J Patrick Homes that she would build a privacy fence, and has since decided to build an open free rail vinyl fencing, which is completely lacking in privacy. He stated the new developer has not stated what he is going to put in that corner and it could be a gas station. Mr. Curtis is concerned that this is a large fraud by Renee West Development and not informing the people in the area that this is not was she promised. He stated this development is not going to have the same deed restrictions their property has and they are concerned their property value is going to decrease. Juanita Mithell, 4041 Ravenwood Ct, Pearland, TX 77584 stated that she is opposed to the Commercial area. She stated she did not buy a house in this subdivision with the intent of the property value decreasing. She stated that she works hard to live in a nice area. Bill Weihe, 4033 Ravenwood Ct, Pearland, TX 77584 stated that the infrastructure of the general area does not support a Commercial traffic area. He stated that 2 years ago the homes came close to flooding because there was not proper drainage. He is against the request. Joel Cochran, 6006 Cottonwood, Pearland, TX 77584 stated that is opposed to the development. Al Stahlin, 6126 Ravenwood, Pearland, TX 77584 stated that he would like to reiterate What everyone has already stated. He stated that he was notified and he saw the sign (which was up and down). He stated that Renee West already said what was going to go there. He added that he doesn't trust anyone to build there. Steve Briley, 6310 Ravenwood, Pearland, TX 77584 stated the 5 -acre Commercial tract would be a detriment to the area and their property value would go down. He stated that he does not want their kids directly across from "Commercial". He stated the current roads cannot support the Commercial area. He asked City Council to think long and hard on this request. Page 11 of 19 — JPH Minutes Cathy Cochran, 6006 Cottonwood, Pearland, TX 77584 stated she is opposed to the Commercial tract on the corner. She stated she does not want another strip center. John Lund, 4018 Ravenwood Ct, Pearland, TX 77584 stated that he was the first Ravenwood resident. He wanted -to express concurrence with the opposition... Gary Hosmer, 4026 Ravenwood,-Pearland, TX 77584 stated that the pictures were disingenuous. He pointed out there are homes to the south and homes to the east. He stated that the pictures did not show the Ravenwood development. He added there are mobile homes on Harkey and he doesn't think they would want Commercial either. John Shank, 4018 Ravenwood Ct, Pearland, TX 77584 stated that they need to re -look at their development. Herbert Munson, 5902 Raza, Pearland, TX 77584 stated that there are two gas lines that make an "L" shape and he is opposed to the entire development. Tina Lawson, 4010 Ravenwood Ct, Pearland, TX 77584 stated that looked extensively before they made their home purchase two -years ago. She stated that Renee West presented this property to them already. Betsy Scofield, 12996 Trail Hollow, Houston, TX stated that she is opposed to the "Commercial" area. She added that she has built five houses and the least expensive house is $289,000. She stated that when Renee West gave her the plat of Ravenwood Estates Section 3 she figured it was still going to be high dollar homes. VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Mayor Tom Reid stated that they are required by law to notify everyone within 200 -feet of the request. He stated that if you are outside then you did not get a formal letter from the City. He pointed out the notifications are on the city's website and they also put blue and white signs up. He added the City tries to notify as much as possible. Council Member Seeger stated that this property is unzoned and the Comprehensive Plan dues call for low density. He added that although they are requesting a PUD, that allows the City to be more restrictive. Mayor Tom Reid stated this is zone change application and not an approval for the development. He stated that saying "Commercial" is being a little misleading. Mayor Reid stated that the developer is asking for "Neighborhood Services" which is for a dental office, hairdresser, etc. Council Member Tetens stated that he disagrees with this being low density. He stated that a 65' lot is R-3. Page 12 of 19 — JPH Minutes Council Member Seeger agreed and stated he meant to point out that this is a good start. Council Member Marcott pointed out that the uses for "Neighborhood Services" can be found in the Land Use and Urban Development Ordinance. P&Z Chairman Todd 'Iocco asked why the Ravenwood corner wasn't utilized as "Commercial". Deputy City Manager Alan Mueller replied that it was platted before the Comprehensive Plan was adopted. Executive Director of Community Services Tobin Maples pointed out that Bailey Road would be a four -lane highway. Mr. Maples also clarified that if this PUD is approved it would not have to come back to City Council, and that it would go through platting and permits next. Council Member Owens stated that he has traveled this area and it seems to be more of a neighborhood area. He asked if they could name what kind of service could go there. Executive Director of Community Services Tobin Maples stated that can be a condition, however the applicant probably does not know that at this time. Council Member Owens encouraged the developer to meet with the residents. Mr. Pierre Nys stated that their Home Owners Association is not active. The residents stated that Renee West is the president of the HOA. VIII. ADJOURNMENT The Joint Public Hearing adjourned at 8:15 p.m. ZONE CHANGE APPLICATION NO. 1034 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 Estate Lot Single Family Dwelling District (RE) to Single Family Dwelling District (R-2) on the following described property, to wit: Zone Change Application No. 1034 Page 13 of 19 — JPH Minutes Legal Description: 120.134 acres of land, being Lots 4 & 7 of Section 14, H.T. & B. R.R. Co. survey, A-538, Brazoria Co., TX, R.B. Lyle Assignee, according to the plat recorded in Volume 2, Page 98, plat records of Brazoria Co., TX (Broadway Street @ CR 48) Owner: John B. Briggs and Meredith Briggs LeBlanc 584 Magnolia Circle Houston, TX 77024 Agent: James Johnson P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples replied IV. APPLICANT PRESENTATION James Johnson, 900 Paul, Friendswood, stated that he is there on behalf of the Brigg's. He stated that there are no development plans for this tract and it falls into the correct definition of the Comprehensive Plan. He stated the best value of the property would be as R-2. Mr. Johnson added the owners were not aware of the zoning when they were annexed into the city. V. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE VI. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mrs. Scheild, 2342 CR 48, Pearland, TX stated she wasn't contacted. She has owned her property for 20 years and she does not want to see small lots with small houses. Chloe Camel, 2335 CR 48, Pearland, TX stated that she is exactly across the street from the property and has lived there for over 48 years. She stated that she objects to small lots. She stated that people who look out there window and shake hands with their neighbor have lots that are too small. She added people need more space and they don't want small lots. Mrs. Camel stated the roads are too narrow and they don' t need anymore traffic. She discussed the two establishments on this road, which were a beer joint and a new harvest church with a speed limit of 30 mph. She would like to see action taken against this request. VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Page 14 of 19 — JPH Minutes Council Member Tetens stated that he sees no reason to change the zoning. Council Member Marcott stated that City Council has been specific in searching for RE lots. . Council Member Seeger agreed. VIII. ADJOURNMENT The Joint Public Hearing adjourned at 8:30 p.m. ZONE CHANGE APPLICATION NO. 1051 I. CALL TO ORDER The Joint Public Hearing was called to order at 8:31 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 Business District (SDB) to Single Family Dwelling District (R-2) on the following described property, to wit: Zone Change Application No. 1051 Legal Description: 48.2221 acres, being all of Tract 1 and a portion of Tract 2, of the B.M. Jamison Tract, situated in Section 1 of the A.C.H. & B. Survey, A-147, and the T.D. Yocum Survey, A-399, Brazoria Co., TX (John Lizer at Pearland Parkway) Owner: Amvest Properties, Inc. 7676 Woodway, Suite 238 Houston, TX 77063 Agent: Ken Caffey P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated this development would consist of 220 single-family homes. He added that staff recommends approval, although they are very well aware of City Council's request for "RE" and "R1". He stated that if City Council does deny the request, he recommends that they deny with prejudice so the Page 15 of 19 — JPH Minutes developer cannot come forward with another request for "R2" zoning for the next 12 months. He stated the request is consistent as well as compatible with the surrounding area. IV. APPLICANT PRESENTATION Ken Caffey of Amvest Properties commented that this has been brought forward and they have been to Joint Public Hearing's. He stated the more they looked at the property and the surrounding area the more they realized the best use for the property is "R-2". Mr. Caffey stated the price range is $150,000 to $200,000 and the location is good (next to Pearland Parkway). He stated there would be approximately 160 homes and the detention pond would go in the back of the property. He added that rather then having just access from Pearland Parkway, there is now access to both Pearland Parkway and John Lizer. V. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE VI. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Cathy Fernandez, 3117 Maryfield, Pearland, TX 77581 stated that she was sitting in the back and did not get to see the sketch. She has been in Pearland for over 40 years, back when there was only one traffic light. She commented that the developer did not mention the lot size. Tom Alexander, 3208 Nottingham, Pearland, TX 77581 stated that he is opposed to the request. He explained the area warrants "RE" development. VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Marcott stated that he cannot support "R-2" and he thought City Council asked for "R-1" or "RE". Council Member Tetens stated that this is one of the few properties left in this part of Pearland, and he agreed it should be "RE". Council Member Marcott added that a development with 160 units means the addition of approximately 300 cars. VIII. ADJOURNMENT The Joint Public Hearing adjourned at 8:40 p.m. Page 16 of 19 — JPH Minutes ZONE CHANGE APPLICATION NO. 1055 and SPECIFIC USE APP. NO. 111 I. CALL TO ORDER The Joint Public Hearing was called to order at 8: 41 p:m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Planned Unit Development District (PUD) to Single Family Dwelling District — Specific Use (R -1(S)) for a church, on the following described property, to wit: Zone Change Application No. 1055 and Specific Use Application No. Ill Legal Description: 3.525 acres, out of Tract 9 of the W. Zychlinski Subdivision, H. T. & B. R.R. Co. survey, Sections 1,2,3 and 4, A-233, 542, 232, and 543, Brazoria Co., TX (3521 Orange Street) Owner: St. Stephen Lutheran Church 3521 Orange Street Pearland, TX 77581 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated that this is a request to change from PUD to Single Family Dwelling District R-1 with a specific use permit to allow for a church. He explained the existing zoning map shows this property as a PUD, however staff could not find any documentation or any references to support the property being a PUD. Therefore staff was hesitant to issue a building permit to the church. Mr. Maples commented that staff has met with the owners and they have been very generous. He added the church is existing and the owners are more then willing to work with staff and are aware that a Traffic Impact Analysis may be required. Staff recommended approval of the request. IV. APPLICANT PRESENTATION Steve Mower, Architect, stated that by granting the Specific Use Permit that would help the Community. He stated they are working with staff on putting the development plan together. V. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Page 17 of 19 — JPH Minutes Joseph Davis, Pearland, TX stated that he would like to support the request. He added that he hopes they build enough parking. VL . .PERSONS WISHING TO SPEAK •AGAINST THE PROPOSED REQUEST NONE VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services VIII. ADJOURNMENT The Joint Public Hearing adjourned at 9:49 p.m. ZONE CHANGE APPLICATIN NO. 1053 I. CALL TO ORDER The Joint Public Hearing was called to order at 9:50 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 (R-1), on the following described property, to wit: Zone Change Application No. 1053 Legal Description: 0.832 acres, Tract F, out of the H. T. & B. R.R. Co. survey, Section 7, A-219, Brazoria Co., TX (1525 Garden Road) Owner: Eric and Valerie Hicks 4831 Aspen Drive Pasadena, TX 77505 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated that this is an existing structure on the property that he believes is going to be relocated and replaced with a Page 18 of 19 — JPH Minutes single family home. He stated the Comprehensive Plan calls for low density and staff is recommending approval. IV. APPLICANT PRESENTATION NONE V. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Eric Hicks, 4831 Aspen Drive, Pasadena, TX explained the land was given to him and has been passed down through the generations. He stated he would like to build a home and raise his family on this property. VI. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 1►C�7�1�1 VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services P&Z Chairman Iocco expressed concern regarding the adjoining six lots with out a roadway. Executive Director of Community Services Tobin Maples clarified those issues would be addressed during platting and permitting. VIII. ADJOURNMENT The Joint Public Hearing adjourned at 9:55 p.m. 'nutes respectfully sub ed by: J nifer GonzbEs, Pfanning & Zo ' g Secretary Minutes approved a mitted and/or corrected this 23 day of September , 2002, AD Tom Reid, Mayor Page 19 of 19 — JPH Minutes THIS PAGE LEFT INTENTIONALLY BLANK