2004-06-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
'— PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD
ON JUNE 21, 2004 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519
LIBERTY DRIVE, PEARLAND, TEXAS
The meeting was called to order at 6:30 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Charles Viktorin
Council Member
Larry Marcott
Council Member
Kevin Cole
P & Z Chairman
Todd locco
P & Z Vice -Chairman
Sheryl Greiner
P& Z Commissioner
David Ransom
P & Z Commissioner
Linda Cowles
P & Z Commissioner
Ruby Sandars
P & Z Secretary
Betty Foreman
Absent: Councilmembers Richard Tetens and Woody Owens, Planning and Zoning
Commissioners Don Sederdahl and Neil West.
Also in Attendance: City Manager Bill Eisen; City Attorney Darrin Coker; Assistant City
Attorney Nghiem Doan; City Secretary Young Lorfing; Planning Manager Lata Krishnarao;
Planner I Theresa Grahmann; Plats and Plans Administrator Richard Keller; City Engineer
Douglas Kneupper; Fire Marshall Steve Chapman; Assistant Fire Marshall Steve Norton;
Deputy Fire Marshall John Durham.
PURPOSE OF HEARING
The public hearing for Zone Change Applications 1176 & 1177 was called to order at 6:35
p.m.
Zone Change Application No. 1176
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: 2.00 acres, being out of Lots 168 and 169, Zychinski
Subdivision, Abstract 308, Section 27, H.T. & B.R. R. Company Survey, as recorded in
Volume 29, Page 9, of the Deed Records of Brazoria County, Texas (Located at 3418
Warren Road)
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Owner: Dennis and Phyllis Omo
3418 Warren Road
Pearland, Texas 77584
Zone Change Application No. 1177
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: 1.00 acre tract of land out of Lt 21 of the Allison Richey Gulf Coast
Home Company Subdivision, a part of Suburban Gardens, Section 20, H.T. & B.R.R.
Company Survey, Abstract 506, Brazoria County, according to the Plat thereof recorded in
Volume 2, Page 23 of the Plat Records of Brazoria County, Texas (Located at 2109 Linda
Lane)
Owner: Jesus Guardado
3030 Helmsley Drive
Pearland, Texas 77584
P & Z Chairman Todd locco read the purpose of the hearing into the record.
Planner I Theresa Grahmann gave a brief description of the surrounding properties for both
zone change applications. Ms. Grahmann stated on the Zone Application 1176 had
originally requested a zone change in 1999, but nothing ever arose, so the applicant was
advised to being the process again. She stated both properties are in conformance with the
comprehensive plan and consistent with the surrounding uses. Staff recommends
approval on both applications.
There were no applicant presentations for Application 1176.
Jesus Guardado, 3030 Helmsley Drive, asked that the council approve the Zone
Application 1177.
There were no citizens speaking for or against either proposed requests.
Councilmember Cole had a question on Zone Change Application 1176, since this had
been before Planning & Zoning in 1999, if fees were waived or paid.
Planner I Theresa Grahmann stated that the fees had been waived.
The public hearing adjourned at 6:45 p.m. for Zone Change Application 1176 & 1177.
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Zone Change Application No. 1175
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: 10.0360 acre tract of land being Lot 59 of the Allison Richey Gulf
Coast Home Company Subdivision of Section 85, H.T. & B.R.R. Company Survey,
Abstract 304, Brazoria County, Texas, according to the map or plat thereof recorded in
Volume 2, Page 107, of the Plat Records of Brazoria County, Texas (Generally Located
North of FM 518, and on the West Side of Hooks Road)
Owner: Jeff and Grace Lee
14700 Marsh Lane # 1711
Addison, Texas 75001
Applicant: Hamilton Homes
4119 Montrose # 230
Houston, Texas 77006
P & Z Chairman Todd locco read the purpose of the hearing into the record
Planning Manager Lata Krishnarao gave a description of the stated property. This property
is currently zoned as a Suburban Development, and is being requested to change to a
Planned Unit Development (PUD). Mrs. Krishnarao also discussed the property access off
of Hooks Road and Sunshade Court. Mrs. Krishnarao stated that notices were sent to all
property owners within 200 ft of the proposed site. Staff received notices back from
property owners, 30 opposed to the development and 2 in favor. Staff is recommending
approval with recommendations already discussed with the developer. She stated the
proposed zoning is in conformance with the future land use plan.
Jay Carr, Director of Marketing and Sales, Hamilton Homes, 4119 Montrose Blvd, Ste 230
and Paul Dixon, President of Hamilton Homes, spoke on behalf of approval for this project.
Mr. Carr stated that Hamilton Homes feels this is an appropriate use of this property and it
can be a development that Pearland can be proud of.
Craig Carter, 2703 Sunnycreek Court, had questions and comments in regard to this
project. His questions were, (1) Will this be a gated community or a free flow community,
(2) what is the price range of the homes and, (3) how this would affect the property values.
He was concerned with the amount of traffic that would be put into the surrounding
neighborhood.
Traci Nealy, 2707 Sunshade Court, spoke in opposition to this project. Her primary
concern was the increased traffic in the neighborhood.
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Niansheng Wang, 2707 Sun Beam Court, spoke in opposition to the development. His
concern was if the property values would be affected. The surrounding area already is a
mix of manufacturing and residential in close proximity, and he has concerns regarding this
mix.
Russell Vogel, 2620 Sunfish, spoke in opposition to this development. Mr. Vogel lives
outside of the 200 ft radius, but lives just down the street from the proposed development.
He felt blind -sided by this request, since he did not know about the existence until recently.
A concern he has is the increased traffic in the area, and asks if the development does not
proceed can the land revert back to its original intended use.
Mike Kroft, 9707 Summer Breeze Drive, spoke in opposition to this development. Mr. Kroft
lives outside of the 200 ft radius, but within 300 ft of the proposed development. His
concern would also be the increased traffic in the area.
Don Britton, 2709 Sunshade Court, is not opposed to the development in principle, but is
concerned with the increased traffic and whether or not Sunshade Court would become a
construction entrance to the property.
Niansheng Wang, 2707 Sun Beam Court, reiterated to Council, that this would be a bad
project for the neighborhood, and asked Council to carefully consider this and not make the
area a low-income housing area.
Councilmember Marcott asked if this was going to be a gated community.
Paul Dixon, President of Hamilton Homes, stated this was a gated community and the price
range of the homes would be in the low $200's. Traffic would be coming into Sunrise
development and turn into Hooks Road. Sunshade Court would only be for emergency
access, all other traffic would be on Hooks Road.
Councilmember Cole asked if Sunshade Court would have a 911 Emergency gate, and no
open access.
Paul Dixon stated correct.
Mayor Reid asked if that had been cleared with the Fire Marshall's office.
Paul Dixon stated it had not. He also explained
Councilmember Cole asked why Sunshade Court was not made into a cul-de-sac versus a
dead end street. Mayor Reid stated that Clinton Wong was not in the audience to address
that question.
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P&Z Commissioner Ruby Sandars stated that in the preliminary discussions that Hooks
Road would have to be completed prior to this development being built.
P&Z Commissioner Sheryl Greiner asked what type of pipeline was in the development.
Paul Dixon stated that was a natural gas pipeline, and all the property easements were
from 5 ft to 1 ft from the pipeline.
P&Z Commissioner Sheryl Greiner also stated that in preliminary meetings, the developer
stated that they would stagger the homes, not just the fences. Also there is no hot lots, or
any recreational areas for example, BBQ areas.
Councilmember Marcott asked if there was to be a problem with the pipeline, did that mean
the homeowners' yards would have to be dug up.
Paul Dixon stated that was correct.
Councilmember Marcott also asked where the garages were; he did not see the elevations.
Paul Dixon stated that was elevation B on the back page showing the garages.
Jay Carr stated in regard to the pipeline, Houston Pipeline in accordance with the Texas
Railroad Commission regularly maintained the pipeline.
Councilmember Marcott asked Mr. Carr, would he have a problem with owning the home
on the corner where the pipeline is only a foot from home, Mr. Carr stated that he would
not have a problem with it.
Mayor Reid stated that the City had set guidelines and standard ordinances in regard to the
pipeline easements. City Attorney Darrin Coker spoke in general about the ordinance and
required setback.
Councilmember Cole asked if there was to be full disclosure of the pipeline, Mr. Carr stated
there would be.
City Attorney Darrin Coker asked that this project not be declined because of the pipeline
discussion, but to hear all facts. Mayor Reid stated that this was just a discussion
regarding the pipeline setbacks.
P&Z Commissioner Ruby Sandars asked in regard to HUD housing, if this was to be HUD.
Mayor Reid stated that this was not HUD housing, but that the HUD housing was to be in
Tranquility Lakes. There was some confusion in the public regarding this.
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Councilmember Cole asked about the financing. Mr. Dixon stated that the financing would
be conventional. Councilmember Cole asked about Hamilton Homes financing, Mr. Dixon
stated that it was bank financing.
P&Z Commissioner Linda Cowles asked about the land reverting back to original use.
Mayor Reid stated that once zone PUD it could not go back to SD. P&Z Commission
Chairman Todd locco also stated that land does not revert back.
P&Z Commissioner Sheryl Greiner wanted to make a point of interest that Staff had
received back 30 notices against, and only 2 for.
City Attorney Darrin Coker pointed out that if 20% of property owners in the 200 ft
boundary were in opposition, then there would have to be a Supermajority of Council to
approve the request.
Planning Manager Lata Krishnarao wrapped up with some clarifications. The emergency
access gate would be addressed during the platting process, after the public hearings, and
the development did propose hot lots and some recreational facilities designed into the
development.
Mayor Reid explained for the audience that a supermajority of Council meant that 4 of the
5 councilmembers would have to approve or disapprove this measure.
The public hearing adjourned at 7:35 p.m.
Minutes respectfully submitted by:
Betty For an, Planning & Zoning Secretary
Minutes approved as submitted and/or corrected this 12th day of July, 2004, A.D.
Tom Reid, Mayor
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