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2005-04-18 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 APRIL 18, 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 6:30 p.m. with the following present: Mayor Pro -Tem Charles Viktorin Councilmember Richard Tetens Councilmember Woody Owens Councilmember Larry Marcott Councilmember Kevin Cole Mayor Tom Reid was absent. 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 P & Z Commissioner Sheryl Greiner P & Z Commissioner David Ransom Also in attendance: Deputy City Manager Alan Mueller; City Attorney Darrin Coker; 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 Public Hearing. She also explained the process of the City Council meetings. II. PURPOSE OF HEARING The Public Hearing for Zone Change Application No. 1225 was called to order at 6:34 p.m. A. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1225 A request by Michael Zingalis, applicant for Katherine Urbanek, 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: 19.88 acres of land out of W T Dodson Survey, Block 1, Tract B1 -E -E1, Abstract 187, City of Pearland, Brazoria County, Texas. General Location: Generally Located on the West Side of Stone Road, and North of Brookside Road. Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planner 1 Diana DuCroz presented the Staff Report. Minutes -- JPH - 04/18/05 Page 1 of 5 The applicant was present, but did not wish to speak. There were no persons to speak against the proposed zone change request. P & Z Chairperson Sandars asked whether the property is large enough for more than one home. Planner 1 Diana DuCroz clarified that it is large enough for more than one lot, but would have to be subdivided. There was no other discussion. The Public Hearing for Zone Change Application No. 1225 was adjourned at 6:40 p.m. The Public Hearing for Zone Change Application No. 1221 was called to order at 6:40 p.m. B. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1221 A request by James and Kate Harrison, owners, 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: 2.00 acres of land out of Lot 5-B, of the F.B. Drake Survey, also known as the H.T. & B.R.R. Company Survey, Section 14, Abstract 509, City of Pearland, Brazoria County, Texas. General Location: Generally Located on the West Side of McLean Road, and South of Magnolia Street. Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planner 1 Diana DuCroz presented the Staff Report. The applicant was present, but did not wish to speak. There were no persons to speak against the proposed zone change request. There was no Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1221 was adjourned at approximately 7:00 p.m. The Public Hearing for Specific Use Permit Application No. 142 was called to order at approximately 7:00 p.m. C. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 142 A request by Hugh Blanchard, applicant for Wal-Mart Stores Texas L.P., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Outside Display, Storage, and Sale of Merchandise and Equipment in the Commercial District (C (S)) on the following described property, to wit: Minutes - JPH -- 04/18/05 Page 2 of 5 Legal Description: 30.06 acres of land, situated in the H.T. & B.R.R. Company Survey, Section 1, Abstract 233, and the R.B. Lyle Survey, Section 2, Abstract 542, also being all of Reserve 'A" "B," "C," and "D," of Pearland Central Wal-Mart, a subdivision recorded at Volume 24, Page 250, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas. General Location: Located at 1919 N. Main Street. Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant's representative, Hugh Blanchard of Brown & Gay Engineers, was present, but did not make a presentation. There were no persons wishing to speak for or against the proposed request. Discussion by the Council/Planning Commission/Staff followed. Councilmember Marcott's concern was that 18 -wheelers are using the parking lot as a place to park their trucks. Councilmember Cole stated that he has an interest in screening storage containers while present on the property. City Attorney Darrin Coker stated that the City could designate specific location(s) for the parking of the storage containers while they are present to unload, or not allow them at all. There was also discussion about a masonry fence requirement and the issue of whether to allow the containers to remain on the property for the purpose of off-season or layaway storage. Mr. Blanchard, the applicant's representative, clarified that this prototype store will, hopefully, do away with the need for storage containers. The Public Hearing for Specific Use Permit Application No. 142 was adjourned at 7:59 p.m. The Public Hearing for Zone Change Application No. 1226 was called to order at 7:59 p.m. D. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1226 A request by LJA Engineering and Surveying, Inc., applicant for The Maverick Group, LLP, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification General Business District (GB), Single Family Dwelling District (R-2), (R-3), and (R-4), to Planned Unit Development District (PUD), on the following described property, to wit: Legal Description: 15.00 acre tract of land out of the Dissen called 136.955 acre tract, recorded in Volume 505, Page 86, of the Deed Records of Brazoria County, Texas, situated in the Thomas J. Green Survey, Abstract 198, City of Pearland, Brazoria County, Texas; a 26.9158 acre tract of land in the Thomas J. Green Survey, Abstract 165, Brazoria County, Texas, and being a part of that certain 136.955 acre tract, recorded in Volume 505, Page 86, of the Deed Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas; 5.7375 acres of land situated in the W.D.C. Hall Survey, Abstract 23, Harris County, Texas, and being Minutes - JPH - 04/18/05 Page 3of5 out of a 468.92 acre tract being more fully described in Volume 1676, Page 362, of the Deed Records of Harris County, Texas, City of Pearland, Harris County, Texas. General Location: Generally Located on the North Side of FM 518 (Broadway Street), and on the East Side of Pearland Parkway. Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. Ms. Krishnarao stated that there was a joint workshop on February 21, and that this application is for a revised PUD from the outcome of that workshop. Applicant's representative, John Kelley of Maverick Group, Baton Rouge, Louisiana made a presentation. He stated that they presented their project to the local HOA and received favorable comments. They made the recommended changes from the workshop. He discussed density, lot size, costs, and the bridges and road. They have a concern about needing to increase the density in order to cover costs. He also made mention of the Old Townsite in relation to the comment made by the consultant for OTS that we reserve high- density in the OTS area only. He disagrees with that assessment. There were several persons wishing to speak for the proposed request: 1. Hita Dickson, 2535 E. Broadway, Pearland, TX, representing St. Andrews Episcopal Church, stated that the church is in favor of the project. 2. Joann Smith, 3223 Stratford, Pearland, TX 77581, spoke in favor of the project because she feels the townhouses are needed in this area. 3. Mary Starr, 3007 E. Broadway, Pearland, TX 77581, spoke in favor of the project because she has received many requests for townhouses in Pearland. 4. David Miller, 3603 West Pine Orchard, Pearland, TX 77581, spoke in favor of the project because he prefers a gated community, town homes for empty nesters, the appropriate transition between the retail and residential community, and the land use making good sense. Council/Planning Commission/Staff discussion ensued regarding density, gated community, location being ideal for garden homes, lot size, buffers, detention, walking trail and green space. The Public Hearing for Zone Change Application No. 1226 was adjourned at 8:06 p.m. The Public Hearing for Land Use and Urban Development Ordinance Text Amendment was called to order at 8:06 p.m. E. CONSIDERATION & POSSIBLE ACTION — 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 Section 22.7 Sidewalks, of the City of Pearland Land Use and Urban Development Ordinance (Ordinance No. 509). City Attorney Darrin Coker presented the Staff Report. There were no persons wishing to speak for or against the proposed request. Minutes - JPH - 04/18/05 Page 4 of 5 There was some Council/Planning Commission/Staff discussion regarding open -ditch subdivisions. The Public Hearing for Land Use and Urban Development Ordinance Text Amendment was adjourned at 8:25 p.m. III. ADJOURNMENT The Joint Public Hearing adjourned at 8:25 p.m. These minutes are respectfully submitted by: Melisa Durham Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 23rd day of May , 2005. r om Reid Mayor Minutes - JPH - 04/18/05 Page 5of5