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2005-06-20 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 JUNE 20, 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 6:35 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Kevin Cole Councilmember Charles Viktorin Councilmember Richard Tetens Councilmember Woody Owens Councilmember Larry Marcott P & Z Chairperson Ruby Sandars P & Z Commissioner Peter Dumont P & Z Commissioner Neil West P & Z Commissioner Sheryl Greiner P & Z Commissioner David Ransom P & Z Commissioner Joe McWhorter Also in attendance: City Attorney Darrin Coker; City Manager Bill Eisen; 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 Judy Krajca. Planning Director Lata Krishnarao 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. 1232 was called to order at 6:44 p.m. A. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1232 A request by Mayra Palacios, 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: Minutes - JPH - 6120/05 Page 1 of 8 Legal Description: 1.00 acres of land out of and a part of Lot 168 of the Zychlinski Subdivision in Section 27 of the H.T. & B.R.R. Company Survey, Abstract 308, according to the map or plat thereof recorded in Volume 29, Page 9, of the Deed Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Located on the South Side of Keis Road, and East of Wells Drive Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. Staff recommended approval of the zone change for R -E, as proposed by the applicant. The applicant was not present. There were no persons to speak for or against the proposed zone change request. There was no Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1232 was adjourned at 6:51 p.m. The Public Hearing for Zone Change Application No. 1233 was called to order at 6:52 p.m. B. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1233 A request by Byron Stephen Sutherland, 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: 0.5238 acres of land out of Lot 1 of the Allison Richey Gulf Coast Home Company Subdivision of Section 10, Tract 1 E, H.T. & B.R.R. Company Survey, Abstract 505, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Stone Road, and South of Brookside Road. Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. Staff recommended denial of the zone change for NS, as proposed by the applicant, for the reason stated in the staff report. Minutes - JPH - 6/20/05 Page 2 of 8 The applicant was present There were no persons to speak for or against the proposed zone change request. There was no Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1233 was adjourned at approximately 7:08 p.m. The Public Hearing for Zone Change Application No. 1231 was called to order at approximately 7:09 p.m. C. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1231 A request by Mary Frances Lentz, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C), on the following described property, to wit: Legal Description: 20 acres, being Tract 61 and 62, Abstract 234, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Located on the West Side of Roy Road, and North of FM 518 (Broadway Street) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krisharao presented the Staff Report. Staff recommended approval for zone change for C, as proposed by the applicant. The applicant was not present; however, Mary Beth Porter, of 815 Wood Bridge Circle, Sugarland, TX 77478 was present and was representing her mother and brother. She spoke in favor of the proposed request saying it seems to be the trend in the area as Pearland grows out, and would be consistent with the growth of Pearland. There were no other persons present to speak for or against the zone change request. There was no discussion by the Council/Planning Commission/Staff. The Public Hearing for Zone Change Application No. 1231 was adjourned at 7:23 p.m. The Public Hearing for Specific Use Permit Application No. 1234 was called to order at 7:24 p.m. Minutes - JPH - 6/20/05 Page 3 of 8 D. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1234 A request by Kerry R. Gilbert and Associates, Inc. applicant for WCF Development, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Office and Professional District (OP) to Commercial District (C), on the following described property, to wit: Legal Description: 9.6167 acres of land being all of Lot 2 in Block 21, and 14.3755 acres of land being all of Lot 3 and a portion of Lot 4 in Block 20, and 4.6323 acres being out of a portion of Lot 1 in Block 20 and Lot 3 in Block 21, all situated in the T.C.R.R. Company Survey, Section 4, Abstract 675, of the Allison Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision, according to the plat thereof recorded in Volume 2, Page 99, of the Brazoria County Map Records, City of Pearland, Brazoria County, Texas General Location: Generally Located at the Northwest Corner of SH 288 and FM 518 (Broadway Street) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff originally recommended approval for C, but recommended the OP area remain and be continued south, for the reason listed in the staff report since the publication of the agenda packets, staff and the applicant had met several times and the applicant did not wish to zone the western portion of the property as OP. instead, the applicant would like to zone the L-shaped tract as a PUD, in order to allow for a landscape buffer and a no -build line adjacent to the residential tracts in Shadow Creek Ranch. Therefore, staff recommended that the eastern tract be zoned C, but the L-shaped tract be zoned as a PUD, in order to establish the landscape buffer and no -build zone. There was several public comment forms received from residences against the zone change. Applicant, Christy Smidt of Kerry R. Gilbert and Associates was present and spoke. They and the owner, Wayne C Fox, were agreeable to the recommendation for the PUD, as stated by staff. There were no other persons present to speak for or against the zone change. Councilman Larry Marcott spoke of the original approval of this being zoned commercial property several years ago. He stated he does not support the PUD. He supported what was approved originally and going south. Councilman Kevin Cole spoke using the maps shown on the overhead for clarification of areas and zoning. Minutes - JPH - 6/20/05 Page 4 of 8 Executive Director of Community Services Nick Finan and Senior Planner Theresa Grahmann answered Mr. Cole's question regarding the PUD and the original zoning. Discussion continued for clarification amongst Mayor Tom Reid, Councilman Kevin Cole, Nick Finan, Theresa Grahmann, and Larry Marcott. Discussion was brought up about the original zone decision in 2001. Theresa Grahmann did review the original minutes before coming to this JPH, and it was also discussed in the 2001 JPH that a less intense zoning should -be in place adjacent to the residential lots. Larry Marcott asked if these minutes could be pulled to review for details. Mr. Wayne C. Fox spoke as President of WCF Development, and the owner of this tract of land. He stated he did not own the property in 2001 and was ready to commence the first phase of an 80,000 sq. ft. facility. After talking with the Planning Staff, the reasoning behind the 2001 zoning approved for 150 ft. office park was to have a less intensive use between commercial and residential. Mr. Fox suggested having a real buffer: a 75 feet strip of no structure, and 25 feet of landscaping, as opposed to OP. They felt this was a good compromise. Much discussion continued between Mayor Reid, Larry Marcott, Wayne Fox and Nick Finan including clarification of the term Commercial property, and outside storage use and it's appearance. P & Z member Pete Dumont brought up the discussion of the commercial rezoning in 2001. He didn't feel Commercial was the intent in this area, and even a PUD seemed overly intense. Much discussion continued amongst Councilman Kevin Cole, and Charles Viktorin, City Attorney Darrin Coker, Senior Planner Theresa Grahmann and Executive Director of Community Services Nick Finan. Mayor Tom Reid stated the Planning and Zoning Commissioners need to work out the issues at their meeting. Darrin Coker recommended that the Public Hearing be completed and Planning & Zoning Commission discuss it tonight but not actually vote on it tonight. Wayne Fox spoke about the future of the hospital, types of businesses to possibly come in and signing future leases for the 80,000 sq. ft. retail development. Mayor Tom Reid again stated that the Planning and Zoning Commissioners need to discuss these issues tonight at their regular meeting. No other comments were made. The Public Hearing for Zone Change Application No. 1234 was adjourned at 8:15 p.m. The Public Hearing for Specific Use Permit Application No. 145 was called to order at 8:16 p.m. Minutes - JPH - 6/20/05 Page 5 of 8 E. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 145 A request by Paul Marcaccio, applicant for West Oaks Homeowners Association, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for an Unscheduled/New Recreational Use, and more specifically, a subdivision homeowners association recreation center, in the Suburban Development District (SD(S)), on the following described property, to wit: Legal Description: 0.855 acres of land, Block 1, of the West Oaks Recreation Center Phase A, Abstract 241, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Located at 6601 Old Oaks Boulevard Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented Staff report. Staff recommends approval. There was one public comment form received in favor of this. The applicant was not present. There were no persons wishing to speak for or against this request. Council member Marcott asked if the site plan they received is what is built on the property today. An unannounced person in the audience (with the Home Owners Association) said yes, to his question. Mr. Marcott said he felt this was a good idea. Chairperson Ruby Sandars asked why it was being left SD. Theresa Grahmann explained that it was best to make it SD, as it is very limiting. There was no further discussion by the Council/Planning Commission/Staff. The Public Hearing for Specific Use Permit Application No. 145 was adjourned at 8:28 p.m. The Public Hearing for Specific Use Permit Application No. 146 was called to order at 8:29 p.m. Mayor Reid suggested that both of these (Application No. 146 and No. 147) be presented at the same time. F. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 146 A request by Edwards and Kelcey, applicant for Southwestern Bell Communications, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Telephone Exchange Switching Relay and Transmitting Equipment, in the Suburban Development District (SD(S)), on the following described property, to wit: Minutes - JPH -- 6/20/05 Page 6 of 8 Legal Description: 0.0413 acres of land out of Lot 22, Section 8, Abstract 504, Allison Richey Gulf Coast Home Company Subdivision, City of Pearland, Brazoria County, Texas General Location: Located at 2633 Roy Road Senior Planner Theresa Grahmann presented Staff report. Staff recommends approval of specific use permit, as proposed by the applicant and to discuss and take into consideration the fencing, landscaping and building facade. G. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 147 A request by Edwards and Kelcey, applicant for the Southwestern Bell Communications, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Telephone Exchange Switching Relay and Transmitting Equipment, in the Neighborhood Service District (NS(S)), on the following described property, to wit: Legal Description: 0.057 acres out of the south one-half of Lot 30 of the Allison Richey Gulf Coast Home Company Subdivision, Section 21, H.T. & B.R.R. Company Survey, Abstract 309, City of Pearland, Brazoria County, Texas General Location: Located at 8301-A Fite Road Senior Planner Theresa Grahmann presented Staff report. Staff recommends approval of specific use permit, as proposed by the applicant and to discuss and take into consideration the fencing, landscaping and building facade. There were no persons to speak for or against the proposed requests. Mayor Reid said this issue came up when meeting with SBC representative regarding adding panels in additional capacity to these particular facilities. We are actually cleaning the records by having the applicant go through this process. Councilmember Marcott commented on the gates being left open. A SBC applicant was in the audience and said that the locks were there but it was up to the vendors to lock up. Mr. Marcott also commented that he had heard from someone in the neighborhood that the radios at night were too loud and disturbing. There was no Council/Planning Commission/Staff discussion. Theresa Grahmann introduced the new Planning Administration Secretary, Judy Krajca. The Public Hearing for the Special Use Permit Application No. 146 and 147 was adjourned at approximately 8:55 p.m. Minutes - JPH - 6/20/05 Page 7 of 8 Ill. ADJOURNMENT The Joint Public Hearing adjourned at 8:56 p.m. These minutes are respectfully submitted by: Judy D.ajca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 11th day of Jules 2005. I Tom Reid Mayor Minutes - JPH -- 6/20/05 Page 8 of 8