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2004-03-15 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 15, 2004, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 6:45 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetans Council Member Klaus Seeger Council Member Larry Marcott Council Member Woody Owens Council Member Charles Viktorin P & Z Chairman Todd locco P & Z Vice -Chairman Sheryl Greiner P& Z Commissioner David Ransom P & Z Commissioner Ruby Sandars P & Z Commissioner Linda Cowles P & Z Commissioner Neil West P & Z Secretary Trish Broussard Absent: Planning and Zoning Commissioners Don Sederdahl and David Ransom, City Attorney Darrin Coker and Deputy City Manager Alan Mueller. Also in Attendance: City Manager Bill Eisen, City Engineer Doug Kneupper, Executive Director of Community Services Tobin Maples, Planning Manager Lata Krishnarao, Planner I Theresa Grahmann, and Plats and Plans Administrator Richard Keller. PURPOSE OF HEARING The Public Hearing for Zone Change Application No. 1154 was called to order at 6:45 p.m. Zone Change Application No. 1154 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: Legal Description: Lot 5, Block 11, West Lea Subdivision 2, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 3801 Bluebird Way) Owner: Angela Vincent 3801 Bluebird Way Pearland, Texas 77584 Page 1 of 10 — 03/15/04 P & Z Chairman Todd locco read the purpose of the hearing into the record. Planning Manager Lata Krishnarao gave a brief description of the surrounding property and stated the applicant is zoning the property for a single-family residence. She stated the comprehensive plan recommends low density residential and is consistent with existing uses. She stated staff recommends approval. There were no applicant presentations. Billy Baldy, 3714 Wingtail Way, Pearland, stated back in 1999 this was approved. Executive Director of Community Development Tobin Maples replied we used our official zoning map and inadvertently the map was not changed. Donald Butler, 3814 Bluebird, Pearland, stated he would like to speak in opposition because he has concerns about the applicant subdividing the property and selling smaller lots. Charles Owen, 3821 Bluebird, Pearland, stated he was opposed if the applicant is changing the lot sizes. Joe Watkins, 3725 Wingtail Way, Pearland, stated this was Zone Change Application Number 577 that was approved in 1999, and he has no objection for the zoning, but for the subdividing. Mayor Tom Reid asked staff if this was already approved as R-1. Executive Director of Tobin Maples replied we can continue to move forward with the Public Hearing, and if it in fact has already been approved we can withdraw it then. The Public Hearing adjourned at 7:08 p.m. The Public Hearing for Zone Change Application No. 1153 was called to order at 7:09 p.m. ZONE CHANGE APPLICATION NO. 1153 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description: 1.5 acres of land situated in Lot 77 of Figland Orchard Subdivision of a part of Section 13 of the H.T. & B.R.R. Company Survey, Abstract 240, as recorded in Volume 3, Page 77, of the Plat Records of Brazoria County, Texas (Located on the West Side of Wagon Trail Road, and South of Bardet Street) Page 2 of 10 — 03/15/04 Owner: Evangelos Golfis 2431 Laura Lane Pearland, Texas 77581 P & Z Chairman Todd locco read the purpose of the hearing into the record. Planning Manager Lata Krishnarao gave a brief description of the surrounding property. She stated the application is not in conformance with the future land use plan but does provide for Neighborhood Service zoning. She stated it is a good buffer between the residential zoning and commercial zoning's in the area. Staff recommends approval. There were no applicant presentations. There were no citizens speaking for or against the proposed request. There were no staff or council discussions. The Public Hearing adjourned at 7:14 p.m. The Public Hearing for Zone Change Application No. 1142 was called to order at 7:15 p.m. ZONE CHANGE APPLICATION NO. 1142 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: Legal Description: Lot 36, Westchester Estates, Abstract 242, H.T. & B.R.R. Company Survey, Brazoria County, Texas, (Located on the West Side of Manvel Road, and north of Westchester Circle) Owner: Vincent Z. Ramirez 5001 Groveton Lane Pearland, Texas 77584 P &Z Chairman Todd locco read the purpose of the hearing into the record. Planning Manager Lata Krishnarao gave a brief description of the surrounding properties. She stated the property is short for the lot width of 150' and The Zoning Board of Adjustments denied a variance for the lot width. She stated the application does conform to the future land use plan and is consistent with the comprehensive plan therefore staff is recommending approval. There were no applicant presentations. Page 3 of 10 — 03/15/04 Mark Chamblis, 2816 Manvel Road, Pearland, stated that he is in support of the zone change and feel it will conform to the other businesses in the area. Mayor Tom Reid asked if the application conforms to everything. Planning Manager Lata Krishnarao replied it does not conform to the lot width, but would meet the requirements for Office Professional zoning. The Public Hearing adjourned at 7:24 p.m. The Public Hearing for Zone Change Application No. 1140 was called to order at 7:25 p.m. ZONE CHANGE APPLICATION NO. 1140 Planning Manager Lata Krishnarao stated the applicant had requested that Zone Change Application No. 1140 be removed from the agenda and placed on the April 2004 meeting. 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: Legal Description: 1.00 acres, Lot 19, Block 3, Skyway Manor, Abstract 241, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 2951 Manvel Road) Owner: Jose David Rosa 11410 Sharpview Houston, Texas 77072 Applicant: M. Jackson Tabor 2016 Main, Suite 110 Houston, Texas 77002 The Public Hearing adjourned at 7:26 p.m. The Public Hearing for Zone Change Application No. 1156 was called to order at 7:27 p.m. ZONE CHANGE APPLICATION NO. 1156 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: Legal Description: 39.50 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as recorded in Volume 1596, Page 93 of the Brazoria County Deed Page 4 of 10 — 03/15/04 Records; and 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T.&B.R.R. Company Survey, Abstract 233, being a portion of the same 181.6209 acre survey recorded in Volume 1596, Page 93 of the Brazoria County Deed Records Owner: Sue Morrison 2411 Park Pearland, Texas 77581 Applicant: Paul Grohman 2947 E. Broadway Pearland, Texas 77581 P & Z Chairman Todd locco read the purpose of the hearing into the record Planning Manager Lata Krishnarao gave a brief description of the surrounding properties. She stated the Planned Unit Development consists of residential and commercial zoning, and some open spaces, which conforms to our comprehensive plan. 13 acres will be Commercial zoning, two and a half acres of parkland, jogging trails, and 26 acres of detention with an overall density of 2.79 per acre. Mrs. Krishnarao stated we have received three public comment forms in opposition. There were no applicant presentations. Earl Sullivan, 3323 E. Orange, Pearland, stated he is concerned about the drainage and he is in opposition of the zone change request. David Betrosoff, 2109 East Linwood Oaks, Pearland, stated he was concerned with the flooding and is against the zone change unless they can keep the same elevation as the surrounding properties. Andy Michilen, 3326 E. Orange, Pearland stated he is against the zone change until there are more definitive plans on the development. Jaime Chavez, 3320 E. Orange, Pearland, commented the development would add traffic and make it worse on Orange Street. Councilman Larry Marcott commented his concerns regarding the water movement problems. Planning and Zoning Vice Chairperson Sheryl Greiner stated her concern was with the one entrance off Pearland Parkway. The Public Hearing adjourned at 8:21 p.m. Page 5 of 10 — 03/15/04 The Pubic Hearing for Zone Change Application No. 1160 was called to order at 8:22 p.m. ZONE CHANGE APPLICATION NO. 1160 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Single Family Dwelling District (R-4), on the following described property, to wit: Legal Description: 14.1 acres of land, more or less, being out of tracts 29, 30 and 43, George W. Jenkins Subdivision according to the plat thereof filed in Volume 2, Page 20 Brazoria County Plat Records, S. F. Perry & E. M. Austin Survey, Abstract 111 (Generally Located on the South Side of FM 518, and East of Pine Hollow Drive) Owner: Frances Jamison, L.P. Applicant: City of Pearland P & Z Chariman Todd locco read the purpose of the hearing into the record. Executive Director of Community Development Tobin Maples stated we currently have a moratorium for 120 days on Mutli-Family zoning. He stated the numbers have reported that we are currently built out for Mutli-Family. Mr. Maples stated we have received three public comment forms in support of the rezoning application. Mr. Maples stated the comprehensive plan recommends high-density single-family zoning and is compatible and creates a buffer to transition the property to the south. There were no applicant presentations. Jake Griffin, 9997 CR 3405, Owner/Partner of Frances Jamison, L.P., this property has been in his grandmothers estate for a while, and it has been zoned Multi -Family for many years. He strongly opposes changing the zoning to Single Family dwelling, if this was going to be the case, this should have been rezoned many years ago. Evelyn Newman, 302 Friends Knoll, Friendswood, stated she has been handling Mrs. Jamison's property for her, and she currently has a sale contract on the property as Muti- Family zoning. Bud Goza, owner of Lingo Properties, stated he was quite surprised when he saw the rezoning sign on the property. He stated no one was notified. Mr. Goza added that there is an additional need for apartments on the east end of Pearland. Mike Riddell, attorney for the estate of Francis Jamison stated this property conforms to the existing and future uses of the property. He asked that it remain multi -family zoning. Mayor Tom Reid read into the record he had received three public comment forms Page 6 of 10 — 03/15/04 in support of the zone change. Councilman Larry Marcott stated that it should be zoned R-3 because the existing uses surrounding the property are R-4 zoning. Executive Director of Community Development Tobin Maples stated by zoning the property R-4 we allowed for a lower density, but we cannot change it without re -advertising for a new zoning category. The Public Hearing adjourned at 9:00 p.m. The Public Hearing for Zone Change Application No. 1161 was called to order at 9:01 p.m. ZONE CHANGE APPLICATION NO. 1161 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Single Family Dwelling District (R-4), on the following described property, to wit: Legal Description: 63.2 acres, more or less, being out of W. Zychlinski's Subdivision of Sections 27 & 28 in the H. T. & B. R. R. Company Survey, Abstract — 551 filed in Volume 29, Page 9 Brazoria County Deed Records and the H. Stevens Survey, Abstract — 594, Pearland, Brazoria County, Texas and being out of those tracts described in a deed as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 99-040666 and 02-028656 and in a deed as filed in Official Records of Real Property of Brazoria County at Volume (88) 625, Page 769 and Volume (88) 537, Page 382 and in a deed as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 02-037050 (Generally Located on the West Side of future Pearland Parkway, and North of Industrial Drive) Owner: R. West Development Company Applicant: City of Pearland Chairman Todd locco read the purpose of the hearing into the record. Executive Director of Community Development Tobin Maples gave a brief description of the surrounding property and stated staff recommends approval. There were no applicant presentations. Aaron McGuire, Owner's representative asked to keep the zoning as multi -family. The Page 7 of 10 — 03/15/04 multi -family units are being designed for active age adults and will be upscale type apartments. He also stated that the council was very aware of what was being planned for this piece of property. Curtis Taylor, Turner Machine Shop, 16811 Hwy 35, Pearland, was concerned with complaints, since his business is right next door, and it does run 24 hours a day. Councilman Larry Marcott asked if the developer is aware of the Industrial businesses next door. Aaron McGuire stated that they would not be using Industrial Drive as an access drive. Planning and Zoning Commissioner Ruby Sandars stated that it appeared that the City is giving the M-1 away, and the City keeps changing and adding more homes. Planning and Zoning Chairman Todd locco stated that more and more businesses are moving out of Pearland because of the tax base, and will continue to do so if the City keeps giving the land away. The Public Hearing adjourned at 9:14 p.m. The Public Hearing for Zone Change Application No. 1159 was called to order at 9:15 p.m. Zone Change Application No. 1159 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: Legal Description: 6.9 acres of land, more or less, being out of tracts `C' and `D' of the subdivision of section 1, A.C.H. & B. RR Co. Survey, A — 147 filed in Volume 2, Page 1 Brazoria County Plat Records, Pearland, Brazoria County, Texas and being out of those tracts described in a deed as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 98-043412 and 00-047831 (Generally Located on the North Side of Walnut Street, and on the East Side of Galveston Avenue) Owner: Ronnie and Rebecca Acosta; and United States Post Office Applicant: City of Pearland P & Z Chairman Todd locco read the purpose of the hearing into the record. Executive Director of Community Development Tobin Maples gave a brief description of the surrounding property and stated that the applicant is asking to re -zone from Multi - Page 8 of 10 — 03/15/04 Family to General Business. This property would be completely zoned for non- residential uses and would be in compliance with the comprehensive plan and would make the property compatible with what is already in existence in the area. There were no applicant presentations. There were no citizens speaking for or against the application. Councilmember Woody Owens asked if this was in the old townsite. Executive Director of Community Development Tobin Maples stated that the property was just outside of the old townsite. The Public Hearing adjourned at 9:20 p.m. The Public Hearing for Zone Change Application No. 1158 was called to order at 9:21 p.m. Zone Change Application No. 1158 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Heavy Industrial District (M-2), on the following described property, to wit: Legal Description: 29.4 acres of land, more or less, being out of Lots 172 and 173 of said W. Zychlinski's Subdivision, H. T. & B. R. R. Company Survey, Section 27, Abstract — 308 and G. C. Smith Survey, Section 27, Abstract — 551 and out of that tract as described in a deed filed in the Official Records of Brazoria County at Volume (90) 799, Page 40 and 98-035795 (Generally Located on the West Side of State Highway 35 (Main Street), and South of Industrial Drive) Owner: BMS, Inc. Applicant: City of Pearland Executive Director of Community Development Tobin Maples gave a brief description of the surrounding property. Everything adjacent to the property is heavy industrial, which is consistent with the long-range plan. There were no applicant presentations. There were no citizens speaking for or against the application. There were no staff or council comments regarding the application. The Public Hearing adjourned at 9:25 p.m. Page 9 of 10 — 03/15/04 The Public Hearing for Zone Change Application No. 1157 was called to order at 9:26 p.m. Zone Change Application No. 1157 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Heavy Industrial District (M-2), on the following described property, to wit: Legal Description: 5.2 acres of land, more or less, being out of Lot 173 of said W. Zychlinski's Subdivision, G. C. Smith Survey Section 28, Abstract — 551 and being out of that tract as described in a deed filed in Volume 1758, Page 28 Brazoria County Deed Records and in Official Records of Real Property of Brazoria County at Clerk's File Number 96-001936 (Generally Located on the West Side of State Highway 35 (Main Street), and South of Industrial Drive) Owner: Alexander Family, L.P.; and Robert L. Alexander Applicant: City of Pearland P & Z Chairman Todd locco read the purpose of the hearing into the record. Executive Director of Community Development Tobin Maples stated that the City of Pearland was initiating the zone change. He gave a brief description of the surrounding property. There were no applicant presentations There were no citizens speaking for or against the application. There were no staff or council comments regarding this application. The Public Hearing adjourned at 9:26 p.m. Minutes respectfully submitted by: Betty Foreman for Trish Broussard, Planning & Zoning Secretary Minutes approved as submitted and/or corrected this 27th day of June A.D. Tom Reid, Mayor Page 10 of 10 — 03/15/04