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2004-09-20 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 SEPTEMBER 20, 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 Mayor Pro -Tem Council Member Council Member Council Member P & Z Chairman P & Z Commissioner P & Z Commissioner P & Z Commissioner P & Z Commissioner P & Z Commissioner P & Z Commissioner Tom Reid Charles Viktorin Larry Marcott Kevin Cole Woody Owens Ruby Sandars Todd locco Sheryl Greiner David Ransom Joe McWhorter Peter Dumont Neil West Also in attendance: City Manager Bill Eisen; Deputy City Manager Alan Mueller; City Attorney Darrin Cocker; Deputy City Attorney Nghiem Doan; City Secretary Young Lorfing; Executive Director of Community Services Nick Finan; Planning Manager Lata Krishnarao; Senior Planner Theresa Grahmann; City Engineer Doug Kneupper; and Plans and Plat Administrator Richard Keller. Lata Krishnarao, Planning Manager, gave a statement that Specific Use Permit No. 135 had been withdrawn from the agenda. Deputy City Manager Alan Mueller asked would there have to be a new public hearing if the applicant decided at a later date to apply again. Ms. Krishnarao stated that yes the applicant would have to reapply and a new Public Hearing would have to be held and the property owners within 200 feet would have to be notified. PURPOSE OF HEARING The Public Hearing for Zone change Application 1192 was called to order. Zone Change Application No. 1192 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: Page 1 of 10 — 9/20/04 Legal Description: 1.25 acres of land, Tract 9A2C, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 6222 Terrell Drive) Owner: Fatima E. and Pedro S. Hernandez 6222 Terrell Drive Pearland, Texas 77584 Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Lata Krishnarao, Planning Manager, gave a description of the property. Ms. Krishnarao stated that the zone change request does conform to the Future Land Use plan. Ms. Krishnarao also stated that the property has a mobile home on the property and the owner wishes to remove the mobile and build a modular home, which is permitted in the building code. Staff does recommend approval of the zone change to R-1 for the following reasons: the proposed zone change provides for low density residential uses as recommended by the Comprehensive Plan, the proposed zone change is consistent with existing residential uses in R- 1 along Terrell Drive. Rachel Enriquez, 6222 Terrell Drive, stated that the land was purchased in 1979 with the intention of building a home, but she has been unable to build. The next best thing is to put a modular on the property and she would appreciate the approval so that she can get the permits to do this. There were no public comments. There were no questions or comments from either Council members or the Planning & Zoning Commissioners. Lata Krishnarao, Planning Manager, stated that Staff had received only 1 public comment form in opposition to the zone. change application and that was included in the packages to Council and Planning & Zoning Commissioners. The Public Hearing for Zone Change Application No. 1192 was adjourned. The Public Hearing for Zone Change Application No. 1187 was called to order. Zone Change Application 1187 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: Page 2 of 10 — 9/20/04 Legal Description: 1.0927 acre tract of land out of the south 156.10 feet of Lot 44 of the Allison Richey Gulf Coast Home Company Subdivision of Section 20, H.T. & B.R.R. Company Survey, Abstract 506, recorded in Volume 2, Page 23-24 of the Plat Records of Brazoria County, Texas (Generally located on the East Side of Hillhouse Road, and North of FM 518 (Broadway Street)) Owner: Theodore and Mammie Moore 2657 Hillhouse Road Houston, Texas 77584 Applicant: Silver Pear 518 Business Park, Ltd. 6161 Savoy, Suite 1212 Houston, Texas 77036 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Lata Krishnarao, Planning Manager, gave a description of the property. The applicant is constructing a commercial development at the northeast corner of Hillhouse and Broadway, which is north of the subject property. It will be used as a detention basin. The northeast corner of Hillhouse and Broadway, where the applicant is proposing the retail development, is currently zoned GB, but the subject property, which is where the detention basin is to be located, is zoned SD. The applicant needs to rezone the SD zoned property to General Business and further combine the subject property with the property at the northeast property into one because that property does not have any frontage on a major street. The applicant is proposing to combine the two properties. Ms. Krishnararo stated that the proposed zone change is in conformance with the Future Land Use Plan. Broadway is designated as a major thoroughfare and at the time of platting, when the applicant combines the two properties, there may be some dedication required along Broadway and possibly along Hillhouse Road. At the time of platting, a Traffic Impact Analysis will be required, which will detail the location of driveways for the entire development. Ms. Krishnarao stated that as shown the subject property does not meet the requirements for a General Business zone in terms of area or in terms of frontage. Once combined with the other parcel, the whole parcel will comply with the requirements. This zone change will not have a negative impact on the surrounding uses. Staff does recommend approval since this will comply with the Comprehensive Plan and the Future Land Use plan. Public comment forms were sent out, and none were received either in favor or against the request. Theodore Moore, 2657 Hillhouse Road, asked if this rezoning to a General Business affects his residence, since his property is residential with an exemption. Page 3 of 10 — 9/20/04 There were no public comments. Mayor Tom Reid asked if Mr. Moore's question could be restated. Planning & Zoning Chairperson Ruby Sandars restated the question, would the zoning change affect the zoning of his residence if he should sell the residence later on. Lata Krishnarao showed the Council and Planning & Zoning Commissioners where exactly Mr. Moore's residence is in relation to the zoning change. A discussion ensued among the Council and Staff regarding Mr. Moore's residence and it was clarified that nothing changed, and Mr. Moore's residence is in the Suburban Development zoning. Planning & Zoning Chairperson Ruby Sandars asked how the businesses from the front of the development were going to get the water back to the detention basin. Lata Krishnarao stated that the developer would design a system that would carry the water back to the detention basin. There were no other questions or comments from the Council or the Planning & Zoning Commissioners. The Public Hearing for Zone Change Application No. 1187 was adjourned. The Public Hearing for Zone Change Application No. 1188 was called to order. Zone Change Application 1188 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: 8.568 acres of land situated in the H. T. & B.R.R. Company survey, Abstract 304, being a portion of Lots 38, 39, and 40 of the Allison Richey Gulf Coast Home Suburban Gardens Subdivision, Section 85 as shown on plat recorded under Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, and being a portion of the certain called 10.70 acres of land described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File No. 2001 013638 (Generally located on the North Side of FM 518 (Broadway Street), and West of Miller Ranch Road (County Road 93)) Page 4 of 10 — 9/20/04 Owner: W C Properties, Ltd. P.O. Box 580426 Houston, Texas 77258 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Planning Manager Lata Krishnarao gave a description of the property. According to the Land Use and Urban Development Ordinance, the property does not have the necessary frontage. The applicant owns the property to the east and proposes to combine the two parcels at which time will have the necessary frontage. The applicant is requesting a Commercial zone on the southern part of the property. The Comprehensive Plan indicates that Retail, Offices, Services is the best use of the area, and the Commercial zone is not appropriate in that area. Since the parcels on both sides have a Commercial zone now, it is Staffs opinion that zoning this parcel Commercial will not have an adverse affect on the area. The portion of the property that is zoned Suburban Development, in which the applicant is also looking for a zone change to Commercial, does not conform to the Future Land Use Plan; the entire area is zoned for Suburban Residential. The northern part of the parcel is not in compliance with the Future Land Use Plan. Staff is in favor of the zone change for the southern part, the rezone of the parcel would not have an adverse affect, and consistent with the existent uses along Broadway. The zone change request for the northern part, Staff is not in favor of the zone change. It would not be consistent with the Future Land Use and Comprehensive Plan that was recently adopted. Staff is partly in favor of the zone change. No public comment forms were received. Tommy Watts, W. C. Properties, P.O. Box 580426 Houston, TX 77258. Mr. Watts stated that they did request a Commercial Zone change, but does not understand why. Mr. Watts did ask what the difference between the Commercial zoning and General Business. Staff explained the different uses of the two zoning categories. Mr. Watts indicated that a General Business zoning would be fine. Bobby Steigner, 1905 Sleepy Hollow, has an office in the Pearland Veterinary Plaza. Mr. Steigner came to talk against changing the zoning to Commercial. He would like to see as much of the property along Broadway General Business instead of Commercial. Mr. Steigner is in favor of the zone change request if it stays General Business. There were no other public comments. Page 5 of 10 — 9/20/04 Council member Kevin Cole asked City Attorney Darrin Coker if the Planning & Zoning Commission could approve this as a General Business versus a Commercial Zone without going through another Public Hearing. City Attorney Darrin Coker stated that they could. Mayor Tom Reid asked City Attorney Darrin Coker if this was zoned General Business could it come back in a new life or at another time and get zoned Commercial. City Attorney Darrin Coker stated it could as long as it was consistent with the Comprehensive Plan at that time and the uses in the area. There were questions from the Planning & Zoning Commissioners asking what was to go on the northern portion of the property. Mr. Watts stated that portion of the parcel would be a two or three acre detention pond. There was a discussion among the Council and Planning & Zoning Commissioners regarding utilizing a pump detention system versus what is allowed now. A discussion ensued among Staff, the Council, and the Planning & Zoning Commissioners regarding multiple zoning and the various aspects of this. Planning Manager Lata Krishnarao stated that she would get with the Legal department and draft a memo clarifying the different zoning classifications. The Public Hearing for Zone Change No. 1188 adjourned. The Public Hearing for Zone Change No. 1189 was called to order. Zone Change Application 1189 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to General Business District (GB), on the following described property, to wit: Legal Description: 18.325 acre tract of land in the T.D. Yoakim Survey, Abstract 399, and the A.C.H. & B. Survey, Abstract 147, Brazoria County, Texas, said tract being described in a deed recorded in Clerk's File No. 2004018266 in the Brazoria County Clerk's Office (Generally located on the North Side of John Lizer Road, and East of Pearland Parkway) Owner: Vivian Naeve 1201 Cowards Creek Friendswood, Texas 77546 Page 6 of 10 — 9/20/04 Applicant: Clarinda Robertson 2118 1/2 Lake Road La Marque, Texas 77568 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Senior Planner Theresa Grahmann gave a description of the property. Staff feels that this corner is appropriate for General Business even though it does not conform to the Comprehensive Plan. This would be buffered by the creek from the residences to the North, and Staff feels this should be zoned General Business. One public comment form was received in favor of the zone change request. Clarinda Robertson, LaMarque, Texas, President of Sensational Land Solutions, spoke the owner. Ms. Robertson is currently in the process of purchasing the land. There are two contracts out. One is for an 18.326 -acre parcel, which is the parcel they are requesting -the -zone -change'to General Business. They -are also in the process of purchasing the 3.14 -acre parcel of land that fronts Pearland Parkway, and this is zoned General Business. The applicant would like to have the zone change to General Business because she a proposing an event center. It would be 40,000 S.F. with 3 proposed small detention ponds instead of one large one, so that they can incorporate into the landscaping. The event center would have a full commercial kitchen and meeting rooms. There is a phase 2 for a possible future convention center. There would be parking, but would like to leave the parcel landscaped nicely. Burt Chrisman, 2801 John Lizer, spoke in opposition of the proposed zone change. Mr. Chrisman never received notification of the zone change application. Upon further research, he was informed that his property was owned by the City of Pearland. He does want an event center next door to him. Bob Burgess, 2704 Pine Cone Lane, owns some property along Pearland Parkway, which is zoned General Business. Mr. Burgess stated that there have been several builders look at that property, and all had stated that it was not economically feasible. Does not have a problem with having the event center there. Page 7 of 10 — 9/20/04 Becky Cornelius, 2415 Golf Crest, Pearland, is a realtor with offices on FM 518 next to Randall's. She had also heard from other developers, upon doing feasibility studies, very difficult to build homes. She believes the event center is needed since there is no such venue currently in Pearland. It would be conveniently located down the street from City Hall, and across the street from Liberty Park. Ms. Cornelius feels that the event center would be a great asset to the city. Burt Chrisman, 2801 John Lizer, stated that if the City checked the records they would find that the property had been sold one other time in the last 10 years. Mr. Chrisman stated that a builder tried to put in a Multi family development, but that did not go through, and then the land was zoned General Business. Mr. Chrisman also stated that all parties involved need to take a long look at this request and decide if there is a need. Dana Morrison, 3405 Fox Court, Rivermist subdivision, feels that there is way too much traffic in the area. There is already a lot of traffic with the kids racing up and down Pearland Parkway. Ms. Morrison has spoken with some of the neighbors in the area, and no one is in favor of that type of business going there. There were no other public comments. Council member Kevin Cole asked if Mr. Chrisman owned property at 2801 John Lizer. Senior Planner Theresa Grahmann stated that the notices were sent to the property owners within 200 feet. The information is received from the Brazoria County appraisal district tax rolls. Upon further research it was discovered that Mr. Chrisman does own the property at 2801 John Lizer. Ms. Grahmann stated that the tax rolls had been changed to reflect the correct owner. Councilmember Charles Viktorin stated that was why the signage is put in for zoning changes due to possibility of the tax roles from the appraisal district being incorrect. Larry Marcott stated that all the frontage on John Lizer Parkway with small frontage on Pearland Parkway. Theresa Grahmann stated Mr. Marcott was correct. The Public Hearing for Zone Change Application No. 1189 adjourned. Specific Use Permit No. 135 Page 8 of 10 — 9/20/04 Request for an amendment to the land Use and Urban Development Ordinance of said City for a Specific Use Permit for Servant, Caretaker, or Security Quarters in the Heavy Industrial District (M-2 (S)), on the following described property, to wit: Legal Description: 1.270 acres, being Lot 4, Block 1, of Brazoria County Industrial Park, Phase 1, Abstract 308, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 8815 Industrial Drive) Owner: Arthur Partain 6806 W. Broadway Street Pearland, Texas 77581 Applicant: Richard Malish 2406 Dixie Woods Pearland, Texas 77581 This was withdrawn from the agenda. The Public Hearing for Zone Change Application 1191 was called to order. Zone Change Application 1191 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Planned Unit Development District (PUD) to General Business District (GB), on the following described property, to wit: Owner: Fite Interests Ltd. 7757 San Felipe, Ste 204 Houston, Texas 77063 Applicant: Michael Pollock 7757 San Felipe, Ste 204 Houston, Texas 77063 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Senior Planner Theresa Grahmann gave a brief description of the property. The Comprehensive plan recommends Retail Services, and General Business would be consistent with the Comprehensive Plan. Staff received four public comment forms, three in favor and one against the r zone change application. Page 9 of 10 — 9/20/04 Mike Pollock, 7757 San Felipe, Houston, TX, would like to have a General Business zone and thanked Council and Planning & Zoning Commissioners for their time. There were no public comments. There were no comments from the Council and Planning & Zoning Commissioners. The Public Hearing for Zone Change Application No. 1191 adjourned. The Joint Public Hearing adjourned at 8:10 p.m. These minutes respectfully submitted by: Betty Fo man, Planning & Zoning Secretary Minutes approved as submitted and/or corrected on this 10th day of January, 2005. Tom Reid, Mayor Page 10 of 10 — 9/20/04