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2005-03-21 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 MARCH 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 7:40 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 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; 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 Pualic Hearing. She also explained the process of the City Council meetings. Ms. Grahmann announced that Zone Change Application No. 1221 was removed from the Agenda due to an error on the application and map of the property. She also stated that Mayor Reid wanted to take the Agenda out of order, and hear Zone Change Application No. 1222 first. II. PURPOSE OF HEARING The Public Hearing for Zone Change Application No. 1222 was called to order at 7:42 p.m. A. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1222 A request by Ricardo David and Danny Wright, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Commercial District (C), on the following described property, to wit: Legal Description: Lot 1, Block 1, of Westfield Estates, Abstract 70, W.D.C. Hall, as recorded in Volume 22, Page 37 and 38, of the Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas; Generally Located on the East Side of Dixie Farm Road, and South of Westfield 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. Minutes - JPH - 03/21/05 Page 1 of 6 The following persons spoke against the proposed zone change request: 1. Michael Farris, CLU, FICF, 1615 Inverness Lane, Pearland, TX 77581. Mr. Farris' main concerns were for quality of life and traffic. 2. Richard Byrd, 1814 Oak Lodge Drive, Pearland, TX 77581. Mr. Byrd's main concern was for the unknown future of the property regarding what type of business may be placed there. 3. Luis Valdes, 3774 Buckholt, Pearland, TX 77581. Mr. Valdes' main concern was opposition to patchwork zoning and drainage issues. 4. Neil Barnhill, 1813 Oak Lodge Drive, Pearland, TX 77581. Mr. Barnhill's main concern was opposition of residential properties converting to commercial properties, and property values. 5. Klaus Seeger, 3505 Buckholt, Pearland, TX 77581. Mr. Seeger's main concern was incompatibility with R-1 zoning, and a general feeling of neighbors opposing this request. 6. Diane Leaverton, 2310 Buckholt, Pearland, TX 77581. Ms. Leaverton's main concern was for property values. 7. Melisa Jackson, 2201 Buckholt, Pearland, TX 77581. Ms. Jackson's main concern was for traffic. 8. Joey Sellers, 2403 Buckholt, Pearland, TX 77581. Mr. Sellers' main concern was for property values. Council/Planning Commission/Staff discussion ensued. Councilmember Marcott expressed opposition to the request as he is a resident in the area and has concerns with mixing residential and commercial properties, and the impact of traffic. Councilmember Cole expressed opposition to the request because this proposed rezoning does not agree with our City's Comprehensive Plan. The Public Hearing for Zone Change Application No. 1222 was adjourned at 7:58 p.m. The Public Hearing for Zone Change Application No. 1219 was called to order at 7:59 p.m. B. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1219 A request by Sylvia C. Betancourt, 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: 0.950 acre tract of land, Lot 8, of Hoang Subdivision, an unrecorded subdivision of 11.980 acre tract of land being Lot 49 and the north 87.05 feet of Lot 50, of the Allison Richey Gulf Coast Home Company Subdivision of Section 9, H.T. & B.R.R. Company Survey, Abstract 234, according to the map or plat thereof recorded in Volume 2, Pages 23 and 24, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas; Generally Located West of Roy Road, and North of Robin Sound Street Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant, Sylvia C. Betancourt of 7030 Robin Meadow, Pearland, TX 77581, addressed the council and commission, stating that she is requesting a residential zone change. There were no persons wishing to speak for or against the proposed request. Minutes - JPH - 03/21/05 Page 2 of 6 There was no Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1219 was adjourned at 8:03 p.m. The Public Hearing for Zone Change Application No. 1220 was called to order at 8:03 p.m. C. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1220 A request by Manuel Morales, 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: 0.76 acres of land, called Lot 16 of the unrecorded Sharondale Subdivision, situated in a 10 acre tract of land in the south one-half of the northeast one-quarter of the southeast one-quarter of the G.C. Smith Survey, Section 16, H.T. & B.R.R. Company Survey, Abstract 546, City of Pearland, Brazoria County, Texas; Generally located at 6217 Sharondale Street Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant's representative, Janet Behunco of RE/MAX 1, addressed the council and commission. The property is for sale at this time, and the rezoning of the property will allow for building a single-family residence. There were no persons wishing to speak for or against the proposed request. There was no Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1220 was adjourned at 8:06 p.m. Mayor Reid reiterated that Zone Change Application No. 1221 was removed from the Agenda, and will be reposted and resubmitted for future consideration. The Public Hearing for Zone Change Application No. 1218 was called to order at 8:08 p.m. D. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1218 A request by the City of Pearland, 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-2), on the following described property, to wit: Legal Description: 20.5 acres of land out of Villa Verde Section 2 according to the plat thereof filed in Film Code No. 537152 of the Harris County Map Records and Villa Verde Section 3 according to the plat thereof filed in Film Code No. 533093 of the Harris County Map Records, W.D.C. Hall Survey, Abstract 23, City of Pearland, Harris County, Texas; Generally Located East of Scarsdale Boulevard, and South of Blackhawk Boulevard Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Minutes - JPH - 03/21/05 Page 3 of 6 Senior Planner Theresa Grahmann presented the Staff Report. Deputy City Manager Alan Mueller stated that a presentation was made to the Home Owner's Association in January regarding annexation of Villa Verde. Many questions were answered at that meeting, and the attendees of that meeting were advised of this Public Hearing. There were no persons wishing to speak for or against the proposed request. Council/Planning Commission, Staff discussion ensued. Councilmember Marcott asked Mr. Mueller if the Villa Verde property located in the northwest area is in Houston. Mr. Mueller stated that this property is not part of Villa Verde, but is located in one of the Green Tee subdivisions. It is in the Houston ETJ and the Clearbrook City MUD. The Public Hearing for Zone Change Application No. 1218 was adjourned at 8:12 p.m. The Public Hearing for Zone Change Application No. 1224 was called to order at 8:12 p.m. E. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1224 A request by William E. Moody, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description: 0.43 acres of land out of Pearland Townsite, Lots 19, 20, 21,22, 23, and 24, Block 32, and Lots 19A, 20A, 21A, 22A, 23A, and 24A, Block 32, City of Pearland, Brazoria County, Texas; Generally Located at the Northeast Corner of Walnut Street and San Antonio Avenue Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant, William E. Moody of 2517 S. San Antonio, Pearland, TX 77581, made a presentation. Mr. Moody is the owner of many properties in the area, and on that particular block. He has been working towards neighborhood improvement over the years by renovating houses. He cited the numerous small businesses located within this area, many of which have been located there for many years. He is proposing a day -spa facility to serve the neighborhood. There were no persons wishing to speak for or against the proposed request. There was no Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1224 was adjourned at 8:21 p.m. The Public Hearing for Specific Use Permit Application No. 141 was called to order at 8:21 p.m. F. CONSIDERATION & POSSIBLE ACTION - Specific Use Permit Application No. 141 A request by Master Imaging, LLC, applicant for CA New Plan Texas Assets, LP, owner, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Minutes - JPH - 03/21/05 Page 4 of 6 Permit for an Unscheduled/New Business Service Use, and more specifically, a "Medical Imaging Mobile Vehicle" in the General Business District (GB(S)), on the following described property, to wit: Legal Description: 12.604 acres of land, Pearland Plaza, Lot 1, Abstract 198, Thomas A Green Survey, City of Pearland, Brazoria County, Texas; Generally located at 3231 E. Broadway Street, generally at the northeast corner of Broadway Street (FM 518) and Barry Rose Road Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Nick Finan, Executive Director of Community Services, presented the Staff Report. The Specific Use Permit request is for a medical imaging mobile vehicle to be parked behind the strip center at the subject property, for a limited time. The applicant, Robert Ray of Master Imaging, LLC, made a presentation. Mr. Ray stated that placement of this trailer is meant to be temporary, dependent on a viable patient base and income so that it can be made permanent inside the building. There was one person wishing to speak against the proposed request. C.D. Anderson of 3215 Jacquelyn Drive, Pearland, TX, addressed the Council and Commission. Mr. Anderson's residence is less than 200 yards from the property in question. His main concerns are why the entire 12.604 acres needs to be rezoned when less than one acre will be utilized for the trailer, previous incidences where trailers were deemed to be inappropriate, and the temporary status of the trailer. Council/Planning Commission/Staff discussion ensued. Mayor Reid reiterated the intention of the special use permit being a temporary placement, and that the location would become permanent if proven to be a viable business location. City Attorney Darrin Coker stated that under the new UDC, the special use permits would not be attached as permanent to our zoning map. He recommended that the special use permit could be limited to the one trailer, so as not to have a proliferation of trailers with the zone change to the entire acreage. Mr. Coker advised that the location of the trailer could also be specified in this permit. There was discussion about the wall and cover to help screen the view of the trailer, and the walkway from the building to the trailer. P&Z Chairperson Sandars inquired about protection from permanency of the trailer, and also whether approving the placement of this one trailer would set a precedent. In answer to these two concerns, Mr. Finan stated that each specific use permit application for trailers would be evaluated on a case-by-case basis and that a precedent would not be set. Mr. Finan also stated that a time restriction can not be stated on the permit, and that the Council and Commission need to have a level of comfort that the trailer could be in that location for some time. The Public Hearing for Specific Use Permit Application No. 141 was adjourned at approximately 9:00 P.M. III. ADJOURNMENT The Joint Public Hearing adjourned at approximately 9:00 p.m. Minutes - JPH - 03/21/05 Page 5 of 6 These minutes are respectfully submitted by: r sz Melisa Durham Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 25th day of April, 2005. Tom Reid Mayor Minutes - JPH - 03/21/05 Page 6 of 6