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2003-05-19 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 19, 2003, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 6:51 p.m. with the following present: Mayor Pro -Tem Richard Tetens Council Member Woody Owens Council Member Larry Marcott Council Member Charles Viktorin P&Z Chairman Todd Iocco P&Z Vice -Chairman Russ Selemon P&Z Commissioner Don Sederdahl P&Z Commissioner Sheryl Greiner P&Z Commissioner Ray Bacon Also in Attendance: Executive Director of Community Services Tobin Maples, Planner I Theresa Grahmann, City Attorney Darrin Coker, City Manager Bill Eisen, Deputy City Manager Alan Mueller, Plats and Plans Administrator Richard Keller and P&Z Secretary Trish Broussard. Mayor Tom Reid, P&Z Commissioner's Ruby Sandars and Robert Scherrer were absent. ZONE CHANGE APPLICATION NO. 1103 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:52 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 General Business District (GB), on the following described property, to wit: Zone Change Application No. 1103 Legal Description: 10.2571 acres, being out of and a part of Lots 6 & 7, Block 10, Allison Richey Gulf Coast Home Company, Suburban Gardens Subdivision, Section 4, T.C.R.R. Company Survey, Abstract 675, Brazoria Co., Texas (Shadow Creek Parkway) Owner: New Bethlehem Missionary Baptist Church Page 1 of 10 4310 Mallow Houston, Texas 77051 Pleasant Grove Baptist Church x- 2801 Conti Street Houston, TX 77020 The purpose of the hearing was read into the record by P&Z Chairman Todd Iocco. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Services Tobin Maples gave a detailed staff report. He stated the property is located on south Shadow Creek Parkway between Kirby Drive and Highway 288. No public comment forms have been turned in. Mr. Maples added the surrounding property is zoned for a Planned Unit Development. Therefore, staff is recommending approval because the request is consistent with the Comprehensive Plan. He stated the developer might be required to turn in a Traffic Impact Analysis. B. APPLICANT PRESENTATION Melvin Lewis, 12707 Cullen Blvd, Pearland, TX stated he plans to use the site as "General Business" for a church and office uses as well. C.L. Jackson, 12707 Cullen Blvd, Pearland, TX stated that he has a chance to buy this property for a church. He added they own and operate over 19 churches in the City of Houston. He requested approval for the zoning. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Drew Pelter, 2947 Broadway, Pearland, TX stated that he is speaking on behalf of Shadow Creek Ranch. He stated they welcome this applicant and are not against it. He added that they would like to request that the developer conforms to their guidelines. Deborah Walker, speaking on behalf of New Bethlehem Baptist Church. She stated they currently have a litigation going on in regards to the property. She added the property belongs to New Bethlehem Missionary Baptist Church located at 4310 Mallow and not 12707 Cullen. She stated the DBA trustee is Otis Walker. Mrs. Walker added they have a judgment that states Mr. Lewis is supposed to render all properties back over to New Bethlehem Missionary Baptist Church and he has not done so. She stated they are protesting the claimed use of the land and they are also protesting the listed owner of the land. Page 2 of 10 V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Planning and Zoning Commissioner Ray Bacon asked if there is a plat on the property. He stated this sounds like a major discrepancy. Planning and Zoning Commissioner Sheryl Greiner asked if SCR has available their building guidelines. Mr. Pelter replied they do not. Executive Director of Community Services Tobin Maples pointed out their is a published guideline, however he reminded the Commission and Council that because this is a straight zoning request, they cannot make any contingencies on the building with the zoning applications. He stated they are zoning the land. Council Member Owens asked about the question of ownership. City Attorney Darrin Coker stated that would not be an issue for the City at this time because the ownership is based on documentation provided to the City that the owner listed is correct. He suggested moving forward with zoning the land and if in fact at a later date a court ordered document is provided stating the ownership is incorrect then the zoning could be nullified. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:05 p.m. ZONE CHANGE APPLICATION NO. 1106 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 Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: Zone Change Application No. 1106 Legal Description: 4.6945 acres, situated in the Northeast one-quarter of Section 17, H. T. & B. R.R. Co. survey, A-242, Brazoria County, Texas Page 3 of 10 (2318 Manvel Road) Owner: William F. Hawk P.O. Box 941 Pearland, Texas 77588 Agent: William J. Cook The purpose of the hearing was read into the record by P&Z Chairman Todd Iocco. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT It Executive Director of Community Services Tobin Maples gave a detailed staff report. He stated that this property is north of Fite and is on the West side of Manvel. He added staff had not received any Public Comment Forms. Mr. Maples stated that there is currently a feed store. He stated staff recommends approval because the request is in compliance with the Comprehensive Plan. B. APPLICANT PRESENTATION Bill Cook, 2204 Shadybend, Pearland, TX 77581 stated that Mr. Maples already explained what exists. He added that the property is in compliance and he would like to see the zoning go through. Mr. Cook stated that the property is too narrow for residential use. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Jack McGuff, 2850 Westchester Circle, Pearland, TX 77581 stated he owns the property adjacent to the request. He added that he would like to see the zoning approved for the "General Business", although he would have preferred to see it go "Commercial District". V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Executive Director of Community Services Tobin Maples pointed out that one Public Comment Form was mailed in from an Angie Brewer in support of the request. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:11 p.m. Page 4 of 10 ZONING APPLICATION NO. 1109 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:12 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 (R-1) to Neighborhood Services District (NS), on the following described property, to wit: Zone Change Application No. 1109 Legal Description: 1.9355 acres, being out of the W.D.C. Hall Survey, Abstract 70, Brazoria Co., TX (2011 Broadway Street) Owner: Verna H. Yost Estate John B. Yost, Executor 3205 Yost Road Pearland, Texas 77581 The purpose of the hearing was read into the record by P&Z Chairman Todd Iocco. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Services Tobin Maples gave a detailed staff report. He stated the property is on Fm 518 at the northwest corner of Hamm Road. He stated there has been no Public Comment Forms turned in. Mr. Maples stated that the request is consistent with the Comprehensive Plan and is required to have 100% masonry fencing. Mr. Maples stated staff is recommending approval. B. APPLICANT PRESENTATION John Yost, 3205 Yost Rd, Pearland, TX stated he is the executive to his mother's estate and would like to request Neighborhood Services. He stated that 60' of the property is already "Neighborhood Services" and he would like to sell this to Dr. Randy Ellis (his is zoned Neighborhood Services as well). He thanked the Council and said he appreciated their thoughts on this request. Page 5of10 IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Ronald Price, 3204 Hamm, Pearland, TX stated this property would negatively impact the value of his property. He added the noise pollution would also be a negative impact. Randy Ellis, 1105 Cowards Creek, Pearland, TX, stated that he is looking to make the purchase and it would be for a medical/office area. He stated he would not disrupt what is already there. Mike Yost, 2608 Terrytown, Pearland, TX stated that Mr. Ellis runs a good business and has always kept it clean and quiet. He stated he does not feel it would be anything like a gas station. He asked for the approval to be granted. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services NONE VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:20 p.m. ZONE CHANGE APPLICATION NO. 1105 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:20 p.m. H. 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-3), on the following described property, to wit: Zone Change Application No. 1105 Legal Description: .28 acres, being a portion of Tract 24 of Hahl's Figland Orchard Subdivision No. 1, of the West '/z of Section 13, H. T. & B. R.R. Co. survey, Abstract 240, Brazoria Co., TX (5610 Fite Road) Owners: Guadalupe Rios Page 6 of 10 5610 Fite Road Pearland, TX 77584 Agent: Gilbert Rios The purpose of the hearing was read into the record by P&Z Chairman Todd Ioceo. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Services Tobin Maples gave a detailed staff report. He stated the owner would like to develop a single-family development. He stated that no Public Comment Forms have been received in opposition or support of the request. He added the area is still Suburban Development and the owner is requesting R-3 because he does not meet the R-1 requirements. Mr. Maples stated staff is recommending approval because a single-family dwelling unit is consistent with the Comprehensive Plan. B. APPLICANT PRESENTATION Guadalupe Rios, 5610 Fite Road, Pearland, TX stated that Gilbert Rios would like to build a brand new home. He stated they have lived there since 1960. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Michael Gross, 2016 Groveton, Pearland, TX stated that all the new houses along Fite are really nice. He is in favor of the request. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Mayor Pro -Tem Richard Tetens stated for the record that he has received a Public Comment Form from Julian in favor of the request. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:27 p.m. ZONE CHANGE APPLICATION NO. 1108 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:28 p.m. Page 7 of 10 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) and Single Family Dwelling District (R-3), on the following described property, to wit: Zone Change Application No. 1108 Legal Description: 47.98 acres of land, out of the W.T. Dobson Survey, Abstract 187, Brazoria Co., TX (Cullen Boulevard @ Brookside Road) Owner: Estate of Maria Rose Bagnoli c/o Ben Best P.O. Box 1168 Pearland, Texas 77588 Agent: Ken Caffey The purpose of the hearing was read into record by P&Z Chairman Todd Iocco. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Services Tobin Maples gave a detailed staff report. He stated the property is located at the northeast corner of Cullen and Brookside Road. Mr. Maples stated no Public Comment Forms have been received in support or opposition of the request. He explained that the 250' along Cullen would be for Commercial and the rest would be for R-3 Single Family Dwelling. He commented this is a very difficult case because they have studied the area and is listed ultimately as retail. He stated however, the developer is creating a buffer. He added there is 8.10 acres for Commercial along Cullen and 38 acres for R-3 size lots. He stated that staff recommends approval. B. APPLICANT PRESENTATION Ken Caffey, 1013 N. Amy, Deer Park, Texas stated that this property is located at Cullen and Brookside with 120' of Clear Creek, which would be used as a buffer. He added they are looking at about 142 lots with 5 cul-de-sacs and it would be a very nice subdivision (equal to Sunrise Lakes). Mr. Caffey stated that he feels it would be nice for the area. Mayor Pro -Tem Richard Tetens commented that if he would make the lots bigger the kids would not have to play in the streets. Mr. Caffey commented they are trying to do the best they can. Page 8 of 10 IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Glen Garrison, 1902 Meadow Creek, Pearland, TX stated he is opposed to the request and briefly explained the impact of high density vs. low density uses. Lillian Smith, 3649 Bluebird Way, Pearland, TX 77584 stated she is speaking on her behalf and not the school district's. She stated this is a battle they have to fight. She requested this property to not be changed to R-3 because it would have major impact on the school district. Susan Danz, 1357 Stone Road, Pearland, TX stated she is against the request and referred to the flooding and drainage of the area. She expressed concern that there would be too much concrete on the ground. Mrs. Danz also stated the "Commercial" zoning would leave an open door to businesses that are not so neighborhood friendly. She is opposed to the request. Juanita Sutherland, 2458 Country Club Dr., Pearland, TX stated that the dense building would cause more flooding in the area. She added that the "Commercial" zoning invites undesirable businesses into the area as well. Mrs. Sutherland then asked what ever happened to the grand entrance into Pearland. Byron Sutherland, 2458 Country Club Dr, Pearland, TX stated that he is in opposition of the request and has two main objections. He stated his first concern is the fire explosion that happened on October 24, 1978 with the 30' gas line that exploded. He stated this gas line is running right through their property. He then asked what assurance do they have that this would not happen again. Mr. Sutherland stated that his second concern is the flooding. He stated they need to quit obsessing on the growth of Pearland and protect the current residents from flooding. He added the City could alleviate the flooding problem by clearing Clear Creek all the way out to the bay. He recommended denying the application for housing and use it for parkland. Barbara Pasciak, 7705 Brookside Rd, Pearland, TX stated that she bought her property for the quality of life. She commented she was annexed 5 years ago and they don't even have one fire hydrant available. She stated she is opposed to the request. Bobby Thompson, 3301 Dixie Farm Rd, Pearland, TX stated that there is a real dilemma. He commented everything everyone has said has been real good comments. He added there is a land seller that has a piece of property for sale with a buyer. Mr. Thompson stated there is not a developer out there that would touch this Page 9 of 10 land as "General Business". He added in order to bring utilities down Cullen Blvd, it would take "R-3" to make it feasible. Mr. Thompson discussed the market in Pearland and stated that R-3 is the choice of first time homebuyers. He requested approval of this request and allow the property owner to sell his property. A.W. Angelo, 2923 Country Chub Dr, Pearland, TX stated that he has an estate property that was owned by his family. He added there was a Firestation just built on FM 518. He stated he is in favor of the request, and he can appreciate some of the comments made, however, some were self-serving. Steve Powers, Brookside Rd, Pearland, TX stated he has a lot of concern. He discusses the natural gas line and also the creek that gets full. He stated they don't need all these houses built on top of each other. He is against the request. Walter Pasciak, 7705 Brookside, Pearland, TX stated that he supports all the people who have spoken against the request. He discusses the condition of the road, the changing of the stop signs, and the address changing. He asked how the City is going to fix this one. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Woody Owens asked if anybody has been out there to see the road. Deputy City Manager Alan Mueller said he has taken some notes and will look into it. VI. ADJOURNMENT The Joint Public Hearing adjourned at 8:07 p.m. �jeIs respe fully submitted by: ris Brouss rd Planning & ZoniA& Secretary Minutes approved s s bmitted and/or corrected this 25 day of August , 2003, AD Tom Reid, Mayor Page 10 of 10