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2005-02-21 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 FEBRUARY 21, 2005, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The meeting was called to order at 7:21 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. Senior Planner Theresa Grahmann 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. II. PURPOSE OF HEARING The Public Hearing for Zone Change Application No. 1210 was called to order. A. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1210 A request by C & D Construction, applicant for Lease A Lot, owner, 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: 7.20 acres of land out of Lot 41, Allison Richey Gulf Coast Home Company Subdivision, part of Suburban Gardens Subdivision, of Section 1, H.T. & B.R.R. Company Survey, Abstract 310, Brazoria County, Texas, according to the map or plat as recorded in Volume 2, Page 107-108, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (generally located on the South Side of Hughes Ranch Road (CR 403), and on the West Side of Brookney Street) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant was not present to speak. There were no persons wishing to speak for or against the proposed request. Minutes - JPH 02/21/05 Page 1 of 6 The Public Hearing for Zone Change Application No. 1210 was adjourned at 7:27pm. The Public Hearing for Zone Change Application No. 1212 was called to order. B. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1212 A request by Rory C. Wilcox, 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: Lots 65A and 66A, Figland Orchard Subdivision, Abstract 240, H. T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located at 5930 Fite 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 to speak. There were no persons wishing to speak for or against the proposed request. The Public Hearing for Zone Change Application No. 1212 was adjourned at 7:32 pm. The Public Hearing for Zone Change Application No. 1216 was called to order. C. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1216 A request by David E. Nugent, 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 4, Block 7, Hickory Creek Place, Section 7, Abstract 219, City of Pearland, Brazoria County, Texas (generally located at 2213 Melanie Lane) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant was not present to speak. There were no persons wishing to speak for or against the proposed request. The Public Hearing for Zone Change Application No. 1216 was adjourned at 7:34 pm. The Public Hearing for Zone Change Application No. 1211 was called to order. D. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1211 A request by Afis and Nichole Olajuwon, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Estate Lot Single Family Dwelling District (R -E) to Single Family Dwelling District (R-1), on the following described property, to wit: Minutes - JPH 02/21/05 Page 2 of 6 Legal Description: 1.6053 acres, being the remainder of Lot 8, Hickory Place Subdivision, Abstract 310, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the South Side of Hughes Ranch Road (CR 403), and East of Bryan Court) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant was not present to speak. Speaking against the proposed zone change were Patrick Bridges and Laura Johnson of 2306 Brookney, Pearland, TX 77584. Their concerns included the size of lots once the property is rezoned and the property is subdivided. The Public Hearing for Zone Change Application No. 1211 was adjourned at 7:46 pm. The Public Hearing for Zone Change Application No. 1215 was called to order. E. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1215 A request by E. M. Polker and Rick Brumley, 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: Lots 1, 2, 13 and 14, Block 2, of Cas Con Acres, Abstract 509, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the East Side of Harkey Road, on the South Side of Willow Street, and on the North Side of Cottonwood Street) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Two Public Comment Forms were received: one for and one against the proposed zone change. Corby Callaway, Realtor, and representative for the owner made the applicant presentation. Joe Cochran and Kathy Cochran of 6006 Cottonwood, Pearland, TX 77584 spoke against the proposed zone change due to the impact of an unknown business in the residential area. E. M. Polker, one of the owners of the property in question, of 8426 Gibbons, Houston, TX 77012 spoke for the proposed zone change in that this family-owned property being zoned GB would help, and not hurt, the community The Public Hearing for Zone Change Application No. 1215 was adjourned at 8:04 pm. The Public Hearing for Zone Change Application No. 1213 was called to order. F. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1213 A request by Jack McGuff, Jr., AIA, applicant for Massoud Motamedi, owner, 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: Minutes - JPH 02/21/05 Page 3 of 6 Legal Description: 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H. T. & B. R. R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the East Side of Harkey Road, and North of Fite Road) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. One Public Comment Form was received, in favor of the application. The applicant, Jack McGuff, made a presentation. Two persons presented to speak against the proposed zone change: Kyle Peipelman of 2735 West Oaks Circle East, Pearland, TX 77584 and Kenneth Cowan of 2743 West Oaks Circle East, Pearland, TX 77584. Reasons for speaking against included traffic, safety for children, peacefulness of subdivision, quality of life, and the uncertainty of future business if rezoned. There was brief discussion about whether residences existed on or around Josephine Street at the time of the Comprehensive Plan update. Josephine Street is predominately residential. The Public Hearing for Zone Change Application No. 1213 was adjourned at 8:15 pm. The Public Hearing for Zone Change Application No. 1214 was called to order. G. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1214 A request by Jack McGuff, Jr., AIA, applicant for Massoud Motamedi, owner, 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: Lots 13 and 14, of Garden Acres Subdivision, Section 3, as recorded in Volume 10, Page 77 of the Brazoria County Plat Records, Abstract 219, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (generally located on the West Side of O'Day Road, and South of Gardenia Street) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. Three Public Comment Forms were received: one in favor of the proposed zone change and two against. The applicant, Jack McGuff, made a presentation. The owner, Massoud Motamedi, spoke for the proposed zone change. He asked the Council and Commission to take into consideration that he did extensive research before purchasing the property and was under the impression that this zone change would be allowed. Three persons presented to speak against the proposed zone change: James Lane of 2539 Thelma Street, Pearland, TX 77581, Dan Oestmann of 2529 O'Day Road, Pearland, TX 77581 and Jean Rader of 2626 O'Day Road, Pearland, TX 77581. Reasons for speaking against included drainage, businesses located in close proximity to residential, nuisances of retail business including noise, traffic, lights and theft, adjacency requirements and trust. The Public Hearing for Zone Change Application No. 1214 was adjourned at 8:36 pm Minutes - JPH 02/21/05 Page 4 of 6 The Public Hearing for Specific Use Permit Application No. 140 was called to order. H. CONSIDERATION & POSSIBLE ACTION - Specific Use Permit Application No. 140 A request by John Andrews, applicant for Shawcor Pipe Protection LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for a Pipe Processing Facility in the Light Industrial District (M - 1(S)), on the following described property, to wit: Legal Description: 104.89 acres of land, out of Tracts 83, 84, 85 and 86, out of the Zychlinski Subdivision of Section 3 and 4, H. T. & B. R. R. Company Survey and R. B. Lyle Survey, Abstracts 232 and 543, as recorded in Volume 29, Page 43, Deed Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (generally located at 4501 Knapp Road) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. The applicant, Joel Johnson of Bredero Shaw, made a slide presentation to bring clarity to the process of pipe coating they want to add to their facility and their perceived benefit to the city. Speaking against the proposed specific use permit was Pat Collins of 400 Cherry Ann, Euless, TX 76039, on behalf of Jesse T. Garza of 7003 Ella Street, Pearland, TX. The main concerns noted were property value, odor and noise. Fred Welch, Director of Pearland's Economic Development department, spoke for the proposed specific use permit. Discussion ensued regarding the specific use permit, what it allows and what portion of the property is would pertain to. Rod Koontz, Health and Safety Advisor for ShawCor, spoke for the proposed specific use permit regarding odor and emission issues. The Public Hearing for Specific Use Permit Application No. 140 was adjourned at 8:50 pm. The Public Hearing for Zone Change Application No. 1217 was called to order. I. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1217 A request by Kerry R. Gilbert and Associates, Inc., applicant for Ashton Southern Trails Joint Venture, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Planned Unit Development District (PUD) to Planned Unit Development District (PUD), an amendment to the existing PUD for Southern Trails, on the following described property, to wit: Legal Description: 522.62 acres of land, situated in the H.T. & B.R.R. Company Survey, Section 80, Abstract 564, and Section 84, Abstract 538, being all of a called 120.134 acre tract of land described in a deed recorded Volume (90) 820, Page 217, Volume (91) 866, Page 357 and Volume (92) 994, Page 172 all of the Brazoria County Deed Records, and Lots 3 through 8, 11 through 18, 20 through 26, 27 through 34, Minutes - JPH 02/21/05 Page 5 of 6 Lots 37 and 38 and the west one-half of Lot 39, all of Lots 42, 43, 44, 45, 52 through 55, and 8.11 acres of Lot 56 of the Allison Richey Gulf Coast Home Company subdivision recorded in Volume 2, Page 98 of the Brazoria County Map Records, City of Pearland, Brazoria County, Texas (generally located on the South Side of Broadway Street (CR 92), on the North Side of County Road 59, and on the East and West Sides of County Road 48) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Executive Director of Community Services presented the Staff Report. Randy Riley with Kerry Gilbert & Associates, applicant, made a presentation. There were no persons wishing to speak for or against the proposed zone change. Discussion ensued regarding the letter height on the signage. The Public Hearing for Zone Change Application No. 1217 was adjourned at 9:07 pm. III. ADJOURNMENT The Joint Public Hearing adjourned at 9:08 pm. These minutes respectfully submitted by: 1 Melisa Durham Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 24th da f Apri 1 , 2005. �e� " Tom Reid Mayor Minutes - JPH 02/21/05 Page 6 of 6