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2005-05-16 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 MAY 16, 2005, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The meeting was called to order at 6:35 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 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, Deputy City Attorney Nghiem Doan and Engineering Administrative Secretary Betty Foreman. 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. 1228 was called to order at 6:40 p.m. A. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1228 A request by Gladys Dian Lane, 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 12, Section 3, of Garden Acres Subdivision, Abstract 219, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Located at 2539 Thelma Drive Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff recommends approval since it does comply with the Future Land Use Plan and Comprehensive plan. Jim Lane, 2539 Thelma Street, Pearland, TX 77581, thanked the Council and Planning & Zoning Commissioners for their time and consideration. There were no persons to speak against the proposed zone change request. Minutes - JPH - 05/16/05 Page 1 of 6 There was no Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1228 was adjourned at 6:44 p.m. The Public Hearing for Zone Change Application No. 1229 was called to order at 6:45 p.m. B. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1229 A request by Sean Scott, 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 9H7 and 9H4, of Richland Acres Subdivision, an unrecorded subdivision, H.T. & B.R.R. Company Survey, Abstract 509, City of Pearland, Brazoria County, Texas General Location: Located 3801 Aubrell Drive Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff recommends approval as it does comply with the Future Land Use Plan and Comprehensive Plan. There was one public comment form received in favor of the request. Michelle Scott, 3801 Aubrell Drive, Pearland, TX stated the reason for the request was so they could improve the property. 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. 1229 was adjourned at approximately 6:46 p.m. The Public Hearing for Zone Change Application No. 1230 was called to order at approximately 6:47 p.m. C. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1230 A request by Edward M. Polker, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, from classification Suburban Development District (SD) to Neighborhood Service District (NS), 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. General Location: 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 Minutes - JPH - 05/16/05 Page 2 of 6 Senior Planner Theresa Grahmann presented the Staff Report. Staff recommends denial for the following reasons: 1). The proposed zone change for NS does not conform to the "Low Density Residential" land use designation as recommended by the Comprehensive Plan. 2). The proposed zone change for NS is inconsistent and incompatible with existing R-1 residential districts and single family residential land uses within the subject area. 3). The proposed zone change for NS has the potential to cause negative impact on the surrounding residential land uses by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by non-residential land uses. The applicant was not present. There were no persons wishing to speak for or against the proposed request. There was no discussion by the Council/Planning Commission/Staff. The Public Hearing for Zone Change Application No. 1230 was adjourned at 6:50 p.m. The Public Hearing for Specific Use Permit Application No. 143 was called to order at 6:51 p.m. D. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 143 A request by Bobby B. Tran, applicant for Twin Oaks Business Park, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Storage and Mini -Warehouse in the Commercial District (C(S)), on the following described property, to wit: Legal Description: 2.50 acres, Tract 11-C, H.T. & B.R.R. Company Survey, Section 2, Abstract 542, City of Pearland, Brazoria County, Texas. General Location: Located on the North Side of Orange Street, and East of State Highway 35 (Main Street). Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. Staff recommends denial for the following reasons: 1). The proposed specific use permit conflicts with the goals and objectives outlined within the Old Town site Study, as it would not provide a compatible mix of residential and non residential uses. 2). Due to the Old Town site district, recommended park, and adjacent residential land uses, the subject property does not appear to be suitable for the development of a storage and mini -warehouse facility. Minutes - JPH - 05/16/05 Page 3 of 6 3). The proposed zone change is inconsistent with surrounding land uses, particularly on Orange Street and streets to the south. 4). The proposed Specific Use Permit has the potential to cause negative impact on the surrounding residential land use by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by a storage and mini -warehouse facility. 5). The proposed Specific Use Permit conflicts with the Comprehensive Plan, which recommends residential uses for the subject property, and the proposed storage and mini - warehouse is not a residential use. There were four public comment forms were received. Bobby Tran, 2702 Appleway, Pearland TX, applicant stated that this was an investment for his family. The use is to support the new residential development a mile north, and the property are already zoned Commercial and won't hurt the residential area. There were several people wishing to speak for the proposed request: Dr. Susan Lenamon, 2325 Hatfield, Pearland TX, General Partner, David L. Smith Realty, objects to Staff's recommendation for denial because this property has been marketed as Commercial and the applicant is ready to proceed with this project. Feels this project will be and asset to the City. Lora O'Neill, 2024 N. Galveston, Pearland TX, spoke against the application. Stated there is already a lot of noise from Ace Hardware and fears that this application would remove the existing trees and make it noisier. Mrs. O'Neill stated that this was a really nice older neighborhood with trees over the streets. She also has concern regarding the fencing requirements, safety for the children and older neighbors in the neighborhood. Eleanor Bedford, 2020 N. Galveston, Pearland TX spoke against the application. She supports the Old Town site study and does not want the business in the neighborhood. She is also concerned with privacy, and safety for the children in the neighborhood. David L. Smith, 2325 Hatfield, Pearland TX spoke in favor of the application. Mr. Smith hears the emotion about what to do, but emotion has nothing to do with. He feels that this would be good for the City. There were no further comments. Council member Cole had a question for Staff. Mr. Cole stated that this was about one type of use, mini -warehouse storage not about commercial use. This is zoned commercial and anything that fits into the commercial matrix can be built on that site. Mr. Cole asked if this was going to be a single story or multi story facility. Mr. Tran stated that it was going to be a single story facility. Council member Cole asked if anyone could build something else on this site. Minutes - JPH - 05/16/05 Page 4 of 6 Planning Director Lata Krishnarao stated that was true, anything could be put on that site as long as it fell into the commercial matrix. Ms. Krishnarao also stated that with the Old Town site study, all the commercial property in the area would be non -conforming. The Public Hearing for Specific Use Permit Application No. 143 was adjourned at 7:15 p.m. The Public Hearing for Specific Use Permit Application No. 144 was called to order at 7:16 p.m. E. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 144 A request by Office West Realty Company, applicant for Pearland Storage Facility, L.C., owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Storage and Mini -Warehouse in the Commercial District (C(S)), on the following described property, to wit: Legal Description: 2.370 acre tract in the H.T. & B.R.R. Company Survey, Abstract 542, being part of the South one-half of Lot 58 of the W. Zychlinski Subdivision, Section Two as recorded in Volume 29, Page 43 of the Brazoria County Deed Records, and is part of the remainder of a 9.6659 acre tract described in a deed to Pearland Storage Facility, L.C., as recorded in Clerk's File Number 93-020900 of the Brazoria County Official Records, City of Pearland, Brazoria County, Texas. General Location: Generally Located on the East Side of State Highway 35 (Main Street), and on the North Side of Future McHard Road Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnaro presented Staff report. This property is already zoned Commercial and the owner wishes to expand. The Future Land Use Plan shows this to be a Light Industrial zone. Staff does recommend approval. There were no public comment forms. Chris Bynum, Office West Realty, 10575 Westoffice Drive, Houston TX, stated that the subject property will be operated as a private mini -storage and will be unobtrusive. There were no persons wishing to speak for or against the proposed request. Council member Marcott stated that he did not believe you should put a storage facility in an M- 1 zone. He does not feel that is the highest and best use of the property. The Public Hearing for Specific Use Permit Application No. 144 was adjourned at 7:20 p.m. F. CONSIDERATION & POSSIBLE ACTION — Master Thoroughfare Plan Amendment A request by the City of Pearland, for an amendment to the Thoroughfare Plan, of the City of Pearland Comprehensive Plan. Planning Director Lata Krishnarao gave Staff presentation. The presentation consisted of updating Council and the Planning & Zoning Commissioners of the updates to city streets by adding new streets and renaming major and minor collectors. Minutes - JPH - 05/16/05 Page 5 of 6 There were no persons to speak against the proposed zone change request. There was no Council/Planning Commission/Staff discussion. The Public Hearing for the Master Thoroughfare Plan Amendment was adjourned at 8:35 p.m. III. ADJOURNMENT The Joint Public Hearing adjourned at 8:36 p.m. These minutes are respectfully submitted by: E" XN- w�- Betty Fore n Engineering Administrative Secretary Minutes approved as submitted and/or corrected on this 13th day of June , 2005. Tom Reid Mayor Minutes - JPH - 05/16/05 Page 6 of 6