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2007-01-15 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 JANUARY 15, 2007, AT 6:30 P.M., IN . THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The public hearing was called to order at 6:37 p.m. Mayor Tom Reid opened the hearing for the City Council and Ruby Sandars opened the hearing for the Planning and Zoning Commission, with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Kevin Cole Councilmember Felicia Kyle Councilmember Helen Beckman Councilmember Steve Saboe P & Z Chairperson Ruby Sandars P & Z Commissioner Susan Sherrouse P & Z Commissioner Neil West P & Z Commissioner Henry Fuertes P & Z Commissioner Jerry Koza, Jr. P & Z Commissioner Darrell Diggs Also in attendance: Deputy City Attorney Nghiem Doan; City Manager Bill Eisen; Assistant City Manager Nicholas Finan; Assistant City Attorney Lawrence Provins; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan and Plat Administrator Richard Keller; and Planning Administrative Secretary Judy Krajca 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 in the Council Chambers. Mayor Reid opened the hearing for Zone Change No. 2006-35Z at 6:41 p.m. PURPOSE OF HEARING A. ZONE CHANGE NO. 2006-35Z A request by Karen and George Ritchey, owners, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 1 District (R-1) to Single Family Residential — 3 District (R-3), on the following property located on the East Side of Miller Ranch Road, and Approximately 2,300 Feet North of FM 518 (Broadway Street) P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The applicant is seeking a zone change that will mainly affect the lot size and lot width. The property Page 1 of 5 JPH Minutes, 1/15/07 is currently undeveloped. Staff recommends denial for the four reasons listed in the staff report. Staff received one public comment form against the zone change request. Mrs. Karen Ritchey of 2553 Miller Ranch Rd., Pearland, TX 77584, owner, was present, passed out a letter and information on the property, and read the letter. She stated when the property was first purchased, their intent was to put one -acre lots with a black top road. However, they were quickly annexed into the City. All the surrounding areas are zoned R-3, and they would like to be the same zone. There was no one present to speak for or against the zone change. There was some discussion from Council/Commission/Staff. Councilmember Cole inquired about the southern tract and the brush/trees on the property. Mr. Cole stated that he felt this tract of land would be ideal for a Cluster Development. It could remain zoned as R-1, but could obtain the lot size the Ritchey's were wanting. Senior Planner Grahmann stated that a Cluster Development Plan was definitely an option for this property, but they must meet the density requirement. Mr. George Ritchey stated that in the past, they had dealt with many builders, and all stated that the property needed to be zoned as R-3. Councilmember Beckman stated that by going with the Cluster Development Plan, they would not have to spread out their utilities and streets. Chairperson Sandars asked Senior Planner Grahmann how many hearings came before them in the past wishing to zone the property to a more dense zoning. Ms. Grahmann stated she had researched this information today and only found one case. However, there were approximately three other cases that went through the Planned Development (PD) process. The Public Hearing for Zone Change No. 2006-33Z was adjourned at 7:03 p.m. The Public Hearing for Zone Change No. 2006-36Z opened at 7:03 p.m. ZONE CHANGE NO. 2006-36Z A request by TNRG Acquisitions, applicant for Beeman Strong and Company, Inc., owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 2 District (R-2) to Office and Professional District (OP), on the following property located on Page 2 of 5 JPH Minutes, 1/15/07 the East Side of Pearland Parkway, and Approximately 3,500 Feet South of Barry Rose Road. P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The applicants zone change was held on November 20, 2006; however, due to an error in the notification of public hearing that was mailed to the property owners within 200 feet, the public hearing had to be held again for this item. Staff recommends approval. The applicants, Mr. Eric Hughes and Will Benson of TNRG Acquisitions, were present and spoke briefly and showed new slides. Mr. John Williams of 2406 Hidden Creek Dr., Pearland, TX 77581 was present and spoke. He lives directly behind the site, and has concerns with the landscaping buffer, cars in the parking lot, car alarms and horns. He asked if something solid could be put up to block the noise and lighting and debris. He wants more than the landscaping buffer. Councilmember Tetens expressed a concern with the 100 feet Right -of - Way leading to the creek. Councilmember Saboe stated that the comments from the first hearing needed to be placed into the records when the P & Z goes to consider this zone change. There was further discussion regarding the height of the structure. Mr. Benson stated that they were still looking into two stories but it would only be the office space on the front of the tract, in order to help with privacy issues of the neighbors in the rear. Mr. Benson also stated that most likely these offices would be for medical use; however, they did not have a commitment yet. Councilmember Cole brought up the landscaping and buffer ordinance and asked Ms. Grahmann to explain it better. Ms. Grahmann went over the ordinance and explained that there would be 120 feet of easement between the rear neighbor and the retail building. She also stated that there would also be a 15 -foot landscape buffer, and a 6 -foot masonry fence. The Public Hearing for Zone Change No. 2006-36Z was adjourned at 7:28 p.m. The Public Hearing for Zone Change No. 2007-0lZ opened at 7:28 p.m. C. ZONE CHANGE NO. 2007-0lZ Page 3 of 5 JPH Minutes, 1/15%07 A request by Jim Murphy, applicant for AS Acquisitions and Dave Pelton, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification General Commercial District (GC) to Light Industrial District (M-1), on the property located on the East Side of State Highway 35 (Main Street), and Approximately 1,000 Feet South of Knapp Road P&Z Chairperson Sandars read the purpose into the record. Senior Planner Grahmann read the Staff report. The applicant is requesting a zone change to Light Industrial District (M-1). Staff recommends approval, and received no public comment forms. The General Contractor, Jim Murphy of 3601 Salvador, Pasadena, TX 77504 spoke on behalf of the applicant. No one was present to speak for or against the zone change. Mr. Cole stated that he felt this zone change was a good use of the land. Councilmember Saboe asked about the conformity of the land use with the Comprehensive Plan. Senior Planner Grahmann stated that this change would make it compliant with the Comprehensive Plan. The Public Hearing for Zone Change No. 2007-01 Z was adjourned at 7:35 p. M. The Public Hearing for Amendments to the Unified Development Code (UDC) opened at 7:36 p.m. D. AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) A request by the City of Pearland for approval of an amendment to the Unified Development Code (UDC), Ordinance No. 2000T. P&Z Chairperson Sandars read the purpose into the record. Planning Director Krishnarao read the Staff report noting the key issues of changes that were amended. She also passed out notes to the Council and Commission. No one was present to speak for or against the amendments. There was no discussion between the Council/Commission/Staff. The Public Hearing for Amendments to the Unified Development Code (UDC) was adjourned at 7:48 p.m. Page 4 of 5 JPH Minutes, 1/15/07 ADJOURNMENT Mayor Reid adjourned the hearing at 7:48 p.m. These minutes are respectfully submitted by: Judy Kr ca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 13th day of August , A.D., 2007. GAN/ Tom Reid Mayor Page 5 of 5 J PH Minutes, 1/15/07