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2005-01-17 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 JANUARY 17, 2005, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 7:00 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Charles Viktorin Councilmember Richard Tetens Councilmember Woody Owens Councilmember Larry Marcott Councilmember Kevin Cole P & Z Chairperson Ruby Sandars P & Z Vice Chairperson Todd locco P & Z Commissioner David Ransom P & Z Commissioner Joe McWhorter P & Z Commissioner Peter Dumont P & Z Commissioner Neil West Also in attendance: City Manager Bill Eisen; Deputy City Manager Alan Mueller; City Attorney Darrin Coker; Deputy City Attorney Nghiem Doan; Executive Director of Community Services Nick Finan; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plans and Plat Administrator Richard Keller, Planner 1 Diana DuCroz, and Planning Administrative Secretary Melisa Durham. Lata Krishnarao, Planning Director, explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission Meeting will immediately follow the Joint Public Hearing. She also explained the process of the City Council meetings. I. PURPOSE OF HEARING The Public Hearing for the Land Use and Urban Development Ordinance Text Amendment was called to order. II. LAND USE AND URBAN DEVELOPMENT ORDINANCE TEXT AMENDMENT A request by the City of Pearland, for an amendment to the Land Use and Urban Development Ordinance of said City, to consider an amendment to Chapter 24 Signs, of Ordinance No. 509, to add Section 24.21 Exemption for Scoreboards. Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Executive Director of Community Services Nick Finan presented the staff report. There was a JPH on November 15 to consider a request by the Pearland ISD to have their scoreboards not considered as off -premise signs. The sign at their football complex will have a television to allow video streaming and advertising from sponsors. The ISD wanted to be exempt from the sign size ordinance. A revision to the sign ordinance for schools and colleges, as it pertains to size, was drawn up for approval. This would apply only to schools and colleges, and not to other off -premise signs for other types of businesses. Minutes - JPH 1/17/05 Page 1 of 8 There were no persons speaking for or against the proposed request. Councilmember Cole asked whether the City had worked with the sign maker. City Attorney Darrin Coker stated that the City had worked with the school district's consultant on the signs. The school board had voted to allow the school district to seek a plan for the sign, but has not reviewed specifics as of yet. The Public Hearing for the Land Use and Urban Development Ordinance Text Amendment was adjourned. Mayor Pro Tem Viktorin announced that he had a request to change the order of the Agenda, to put Zone Change Application No. 1204 next. The Public Hearing for Zone Change Application No. 1204 was called to order. III. ZONE CHANGE APPLICATION NO. 1204 A request by Andrew and Kathryn Shaw, owners, 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: 6.40 acres of land, out of Tract 54, F B Drake Subdivision, Abstract 506, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the West Side of Cullen Boulevard, and South of Hughes Ranch Road (CR 403)) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. This property was zoned as Suburban Development District (SD) when it was annexed. There is an existing single- family residence on the property. The surrounding properties to the south are zoned General Business, to the east Suburban Development. The Crystal Lake subdivision is not zoned at this time as it is outside the city limits. It will be annexed later this year. The Future Land Use Plan calls this area Cullen Mixed -Use District. The Comprehensive Plan indicates that the appropriate uses for the Mixed -Use District are anything from residential, light commercial, light industrial and cemetery uses. The Planning Department believes that asking for the General Business zone complies with the Cullen Mixed -Use District in the Comprehensive Plan. There were a large number of Public Comments received for this request, all "Against". The addresses pertaining to the Public Comments received will be analyzed before the City Council meeting to note what percentage of the land was represented in the protests. If approved, the property owner would have to submit a plat and address issues of drainage and building codes. Staff is recommending approval of this case, as they believe it complies with the Comprehensive Plan of Cullen Mixed -Use District. The applicant, Bob Lewis, spoke on behalf of the request. The zone change was requested in November, and the property was purchased in December. When the Shaws (owners) first submitted the application, Houston Memorial Gardens was going to buy the property, but it fell out of contract. A person in North Carolina bought the property. The name of the owner was misleading. The owner plans on putting in a strip center, and maybe soccer fields that would be leased out. Minutes - JPH 1/17/05 Page 2 of 8 Mayor Pro Tem Viktorin invited persons to speak For or Against the request at this time Frank Foltyn of 1310 Sandpiper Court South, Pearland spoke Against. He stated that he was deceived by the owner and applicant information. He was under the impression that Houston Gardens was going to put in a cemetery there. He stated that a strip center would compromise the safety and serenity of living there, specifically due to noise pollution, trash, vandalism, theft, vagrants, etc. Steve Mathes of 1414 Crystal Lake Circle East, Pearland spoke Against. He requested a show of hands from the audience who were there from Crystal Lake. A large number of people raised their hands. He asked for a show of hands for the request, which there were none, and a show of hands against, which were many. He stated that there are many sites for strip centers that are available and that this is not a good mixed-use district. He stated that the residents of Crystal Lake would not do business with the strip center. He feels it would lower property values. Rob Fleischer of 1311 Sandpiper Court South, Pearland spoke Against, and agreed with the comments already made. He added that an increase in noise and lights at night, and a decrease in property values were of concern to him. Greg Morrison of 1307 Teal Court South, Pearland spoke Against. Concerns he cited are traffic flow, mixed-use of residential and commercial, lights and noise. Laurie Milligan of 1315 Kingfisher Court South, Pearland spoke Against, and agreed with comments already made. Lorraine Wells of 1314 Kingfisher Court South, Pearland spoke Against. Concerns she cited are nose, traffic, environmental impact, increased crime and decreased privacy. Dr. Ray Love of 1322 Kingfisher Court South, Pearland spoke Against. Concerns he cited are security, vandalism, trash, safety for children and loss of peaceful environment. Scott Philbrook of 1423 Crystal Lake Circle West, Pearland spoke Against. A concern he cited is that there are enough empty stores now, and an additional strip mall is not needed. Kim Gallimore of 1303 Sandpiper Court South, Pearland spoke Against, and agreed with comments already made. Alexander Prentice of 1307 Crystal Lake Circle East, Pearland spoke Against, and agreed with comments already made. Robert M. Philbrook of 4019 Crystal Lake Circle South, Pearland spoke Against. His main concern is that this zoning change amounts to a change of quality of life for the residents in this area. Neal R. Pellis of 4022 Crystal Lake Circle North, Pearland spoke Against. Concerns he cited are that this zone change would be a departure with our past successes, and is not consistent with good planning. Toni Carter of 1307 Sandpiper Court South, Pearland spoke Against, and agreed with comments already made. Minutes - JPH 1/17/05 Page 3 of 8 Jeff Bailey of 4110 Flamingo Court, Pearland spoke Against. His main concern is that this zone change does not conform to the harmony of the surrounding area. David Elliott of 1315 Crystal Lake Circle East, Pearland spoke Against, and agreed with comments already made. Mark Bradicich of 1306 Kingfisher Court South, Pearland spoke Against, and agreed with comments already made. Ralph Hull of 1203 Crystal Lake Circle East, Pearland spoke Against, and agreed with comments already made. Kirk Debban of 3938 Crystal Lake Circle North, Pearland spoke Against, and agreed with comments already made. Rick Laughlin of 2317 Windswept, Pearland spoke Against, and agreed with comments already made. Mayor Pro Tem Viktorin opened it up to City Council and the Planning & Zoning Commission for comments. Discussion ensued regarding the zoning process, change of ownership of the subject property, annexation, and utilities to the subject property. The applicant, Bob Lewis, provided information as requested. Mayor Pro Tem Viktorin announced that the P & Z Commission will meet and vote at the following P & Z Meeting, and that interested parties are invited to remain. The Public Hearing for Zone Change Application 1204 was adjourned. The Public Hearing for Zone Change Application No. 1202 was called to order. IV. ZONE CHANGE APPLICATION 1202 A request by Larry and Ladonna Randle, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R -E), on the following described property, to wit: Legal Description: 2.488 acres of land out of Lot 5, Hickory Place Subdivision, Abstract 310, H.T. & B.R.R. Company Survey, as recorded in Volume 18, Page 333, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (generally located South of Hughes Ranch Road (CR 403), and on the East Side of Bryan Court) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. There were no Public Comment Forms received that were For or Against the subject property. The applicant, LaDonna Randle, spoke in Favor of the zone change request. There were no other persons to speak For or Against this proposed zone change request. Minutes - JPH 1/17/05 Page 4 of 8 There was light discussion by Commissioner West and Ms. Krishnarao, with no other comments. The Public Hearing for Zone Change Application 1202 was adjourned. The Public Hearing for Zone Change Application No. 1205 was called to order. V. ZONE CHANGE APPLICATION NO. 1205 A request by Fernando Pena, owner, 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 22-13, Sharondale Subdivision, Abstract 546, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located at 6305 Sharondale Street) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. One Public Comment Form in favor of the zone change was received. The applicant, Fernando Pena, spoke in favor of the zone change. There were no persons to speak For or Against the zone change request. The Public Hearing for Zone Change Application 1205 was adjourned. The Public Hearing for Zone Change Application No. 1209 was called to order. VI. ZONE CHANGE APPLICATION NO. 1209 A request by Doug Minkoff, owner, 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 10, Block 1, of Colonial Estates Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the West Side of McLean Road, and North of Colonial Drive) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Ms. Krishnarao presented the Staff Report. One Public Comment Form in favor of the zone change was received. The applicant did not wish to make a presentation. There were no persons to speak For or Against the zone change request. There were no comments from the City Council members or the P & Z Commission members. The Public Hearing for Zone Change Application 1209 was adjourned Minutes - JPH 1/17/05 Page 5 of 8 The Public Hearing for Zone Change Application No. 1203 was called to order. VII. ZONE CHANGE APPLICATION NO. 1203 A request by Jan Carrico, applicant for George Ran on behalf of Hattie Mae Wood, Virgle Wood Hawk, Beatrice Wood Theriot, Leslie Gordon Liere, and Richard Douglas Liere, owners, 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: 15.0832 acres of land, being all of Lot 60 of the Allison Richey Gulf Coast Home Company Subdivision, Section 85, Abstract 304, H. T. & B.R.R. Company Survey, recorded in Volume 2, Page 107 of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas (generally located on the North Side of FM 518 (Broadway Street), and on the West Side of County Road 90 (Hooks Road)) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. The applicant, Mr. Than, represented the owners and made a few comments. There were no persons to speak For or Against the zone change request. There were no comments from the City Council members or the P & Z Commission members. The Public Hearing for Zone Change Application 1203 was adjourned. The Public Hearing for Zone Change Application No. 1208 was called to order. VIII. ZONE CHANGE APPLICATION NO. 1208 A request by Joe McElya, applicant for Beeman Strong, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-2) to General Business District (GB), on the following described property, to wit: Legal Description: 7.5424 acres of land in the Thomas Greene Survey, Abstract 198, City of Pearland, Brazoria County, Texas (generally located on the West Side of Pearland Parkway, and South of Barry Rose Road) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Ms. Grahmann stated that the middle portion of this property was presented to the November JPH for a Specific Use Permit for a daycare. The applicant withdrew the application at that time, and decided to request rezoning for the entire property. The applicant, Joe McElya, represented the owners and made a few comments. There were no persons to speak For or Against the zone change request. Minutes - JPH 1/17/05 Page 6 of 8 The Public Hearing for Zone Change Application 1208 was adjourned. The Public Hearing for Specific Use Permit Application No. 139 was called to order. IX. SPECIFIC USE PERMIT APPLICATION NO. 139 A request by Richard Laughlin, applicant for Virgil Gant and Deborah Gant — DBA Circle Plaza, owners, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for an Unscheduled/New Business Service Use, in the Neighborhood Service District (NS)(S)), on the following described property, to wit: Legal Description: Lot 1 and 2, Block 2, of Creekview No. 2, City of Pearland, Brazoria County, Texas (generally located at 2206 E. Broadway) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. One Public Comment Form Against the proposed zone change was received. The applicant's representative made a presentation on behalf of the applicant. There were no persons to speak For or Against the zone change request. There were no comments from the City Council members or the P & Z Commission members. The Public Hearing for Specific Use Permit Application No. 139 was adjourned. The Public Hearing for Zone Change Application No. 1206 was called to order. X. ZONE CHANGE APPLICATION NO. 1206 A request Merlin G. Hoiseth, applicant for Reactor Services International, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Light Industrial District (M-1), on the following described property, to wit: Legal Description: 6.00 acres, being part of and out of Lot 178, Zychlinski Subdivision of Section 28, H.T. & B.R.R. Company Survey, Abstract 551 (G.C. Smith Survey), City of Pearland, Brazoria County, Texas (generally located at 4430 Dixie Farm Road) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant was not present. There were no persons to speak For or Against the zone change request. There were no comments from the City Council members or the P & Z Commission members. The Public Hearing for Zone Change Application No. 1206 was adjourned. Minutes - JPH 1/17/05 Page 7 of 8 XI. ADJOURNMENT The Joint Public Hearing adjourned at 8:49 p.m. These minutes respectfully submitted by: Melisa Durham Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 24th day of Apilz U , 2005. Tom Reid Mayor Minutes - JPH 1/17/05 Page 8 of 8