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2004-02-02 CITY COUNCIL AND PLANNING AND ZONING COMMISSION PUBLIC HEARING MEETING MINUTESMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL/PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 2, 2004, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Woody Owens Councilmember Charles Viktorin Councilmember Larry Marcott Councilmember Klaus Seeger City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Planning and Zoning Commission: P & Z Chairman Todd locco P & Z Vice -Chairman Sheryl Greiner P & Z Commissioner Ruby Sandars P & Z Commissioner Linda Cowles - P & Z Commissioner Neil West P & Z Commissioner Don Sederdahl Absent: P & Z Commissioner David Ransom. Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; City Engineer Doug Kneupper, Project Director Joe Wertz. PURPOSE OF HEARING — THE ADOPTION OF A MORATORIUM ON THE DEVELOPMENT OF MULTI -FAMILY HOUSING WITHIN THE INCORPORATED LIMITS OF THE CITY. Mr. Darrin Coker, CityAttomey. STAFF REVIEW City Attorney, Darrin Coker, stated an update has been made to the City's Comprehensive Plan, and as part of the update, the City has identified a potential surplus of multi -family properties located in the City. The properties have been Page 1 of 5 — 2/2/2004 identified, and there are currently four to five multi -family properties that have not been developed. There are some concerns regarding the undeveloped properties being: capacity issues associated with the properties and problems that could occur. An adoption of a moratorium for the development of multi -family properties would benefit the City. The procedures for a moratorium are very specific. The Local Government Code has established the guidelines and procedures in order to adopt a moratorium. This moratorium would only last for 120 days; thereafter, the City would need to extend the time period by completing the same process as this evening. This information was published in the local newspaper prior to the first Public Hearing. A temporary moratorium automatically went into effect the fifth business day after the Public Hearing. The City is currently operating under a temporary moratorium on multi -family development. The Planning and Zoning Commission is also required to have a Public Hearing, but will not be making any formal recommendations. The purpose of this Public Hearing is to receive public comment regarding the issue. There is an item on the Special Business Meeting Agenda this evening for the Council to take action regarding the preparation of a City Ordinance for the moratorium. A moratorium can only be adopted after certain findings are made regarding the lack of services to a particular area or capacity issues. The findings would need to be written findings and attached to the City Ordinance. The first reading of the Ordinance would be scheduled for the next Regular Business Meeting. Alan Mueller, Deputy City Manager, stated under the moratorium there are findings that must be met. A particular shortage of public services for multi -family development is under consideration. He stated a multi -family development has a great demand for water and sewer services. Single-family development has a lesser demand for water and sewer services. There are also drainage issues that surround multi -family developments due to parking lots. Several of these areas will apply. The four largest properties that would be affected by the moratorium will be discussed. The first area is the property on Broadway, near Pinehollow, towards the eastern City Limits. An extensive drainage plan was done for the Pinehollow Subdivision following Tropical Storm Alison. Homes directly adjacent to the property, flooded during the Tropical Storm. The drainage study identified deficiencies within the drainage system for that area. The City has addressed the issues, but no construction has started on the improvements. Additional detention will also take place for that area. Two properties on South Main Street, South of Industrial Drive, would also be affected by the moratorium. There is currently no sanitary sewer service available for the area. A small commercial development or a single-family development can typically be handled by septic systems. A multi -family development would be an impediment without a sanitary sewer system. Sewer improvements on Hwy 35 are planned, jointly funded by the City and Pearland Economic Development Corporation. The sewer improvements will extend as far South as Industrial Drive, but not quite to the two previously mentioned Page 2 of 5 — 2/2/2004 properties. It will take approximately two years before the sewer improvements- are completed and operational. The largest property affected by the moratorium is located on Industrial Drive, South of Town Lake Subdivision. There is no sanitary sewer service available on Industrial Drive. The same issues would apply to this property as those of the previous mentioned properties on Hwy 35. The final property, as an example, to discuss is on Walnut Street near the Post Office. In this particular area there is an existing sanitary sewer service. This area has a history of manhole overflows, especially during wet weather. The City is under enforcement order from the State of Texas to monitor the overflows and to take corrective action. The City is currently monitoring the additional development in the areas. This is not all of the properties affected by the moratorium, but addresses the four largest properties and the issues involved with the properties. Sanitary sewer services will be an issue for all the sites. Councilmember Owens asked if traffic is an issue. City Attorney, Darrin Coker, stated the statute does not cover traffic. He stated the properties mentioned by Deputy City Manager, Alan Mueller, are not the only properties zoned multi -family. The City is currently looking at larger acreage properties zoned multi -family. He stated there are some areas in the Old Townsite, and the moratorium Ordinance would apply to those areas. Any Ordinance prepared would also have a variance procedure. Councilmember Marcott asked if all the properties were within the City Limits. City Attorney, Darrin Coker, stated all of the properties are in the City Limits. CITIZEN COMMENTS C.D. Anderson, 3215 Jacquelyn Drive, stated he a sign in the lobby directed him to the 2nd floor conference room for the Public Hearing. There is no one present holding a meeting. City Attorney, Darrin Coker, stated for the purposes of clarification, there is a separate public meeting of the Planning and Zoning Commission taking place directly after the Public Hearing. This meeting will be held in the 2"d floor conference room. C.D. Anderson, 3215 Jacquelyn Drive, addressed Council and stated he has lived at his residence for approximately thirty-six years. He stated he was present when the original Planning and Zoning of the City was adopted. He stated the plan showed that apartments would be limited. He stated the plan also showed there would be very few mobile homes. He stated the plan displayed a healthy mix of industry and residential. Page 3 of 5 — 2/2/2004 The City covered one of those three, limited mobile homes. However, the City failed with the other two. Pearland is fairly good with the apartment rate at this time, but is zoned for more. He stated the demand for apartments exceeds the supply, and it is not profitable to keep the area fixed up. He stated density is a problem for the area. Michael Klaus, 5016 Groveton, addressed Council and stated this moratorium is to address a problem covered in the Comprehensive Plan. While attending the meetings of the group covering the Comprehensive Plan, he video-taped all but one. His concerns are regarding the planning of the City. The sanitary sewer services not being present is an effective road block without Council doing anything to the construction of the properties. Certain conditions need to be placed on the developments to ensure they are compatible with the surrounding community. Mr. Klaus stated he is in agreement with Mr. Anderson regarding the apartment rate. The City needs to decide what types of apartment developments will be acceptable. The current apartments with problems addressing present public needs or interest should be identified and dealt accordingly. The moratorium only last 120 days. Policies should be put into place regarding what the community of Pearland wants and needs. Mary Miller, 1407 North Pine Orchard Drive, addressed Council and stated her family has lived at their residence for two years. She stated they moved to Pearland due to the apartments in their previous neighborhood, near Hobby Airport. She stated a lot of crime started shortly after the apartments were built. Ms. Miller stated the apartments were later sold and abandoned. It took years before members of the Civic Club were able to finally get the building torn down. COUNCIUSTAFF DISCUSSION Mayor Reid stated the purpose of the Public Hearing is to receive input from the community regarding the moratorium. Councilmember Seeger asked if the issues are sufficient in enforcing the moratorium. City Attorney, Darrin Coker, stated the issues are adequate enough in enforcing the moratorium. Discretion is given to City Council in determining the moratorium. Council and Staff stated the issues are strictly on infrastructure and not social. P & Z Chairman, Todd locco, stated he understood zoning changes were to be made in the new comprehensive plan regarding multi -family zoning. Page 4 of 5 — 2/2/2004 A brief discussion ensued among Council, P & Z Commissioners, and Staff regarding past zoning in the Comprehensive Plan. Councilmember Owens stated he supports the moratorium. The apartments currently in Pearland and the future planned apartments are adequate. He stated due to the commercial development on the West side of Pearland, a new labor force has derived. That labor force needs the apartment housing currently available. Also, the apartments are revenue generators. He stated reading water meters for apartments versus homes are less labor intense and provides some savings. Mr. Owens further stated the apartment rental rates in Pearland are above average. The apartment complexes here within Pearland are very nice properties. There are residents of Pearland that have lived in their apartments for many years and enjoy the convenience of walking to work. ADJOURNMENT Meeting was adjourned at 7:05 p.m. Minutes approved as submitted and/or corrected this the 23rd day of February—, A.D., 2004. Tom Reid ATTEST: Mayor Page 5 of 5 — 2/2/2004