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2012-09-17 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY OF PEARLAND, TEXAS, HELD SEPTEMBER 17, 2012 AT 6:30 P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Mayor Tom Reid and P&Z Chairperson Henry Fuertes opened a series of public hearings at 6:30 p.m. with the following present Mayor Tom Reid Mayor Pro Tem Susan Sherrouse Council Member Keith Ordeneaux Council Member Greg Hill Council Member Scott Sherman Council Member Woody Owens P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Linda Cowles P&Z Commissioner Ginger McFadden P&Z Commissioner Mary Starr P&Z Commissioner Daniel Tunstall P&Z Commissioner Neil West Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge, Assistant City Manager Jon Branson, City Manager Bill Eisen, City Planner Harold Ellis, Community Development Director Lata Krishnarao, and Community Development Office Coordinator Judy Brown. City Planner Harold Ellis explained the Joint Public Hearing and agenda process for the attending public, and explained that the Planning & Zoning Commission meeting would immediately follow the Joint Public Hearing. Mayor Tom Reid called to order the Public Hearing for Zone Change Application No. 2012-08Z at 6:34 p.m. NEW BUSINESS ZONE CHANGE APPLICATION NO. 2012-08Z A request of Alan Mueller, applicant, on behalf of S. E. Cemeteries of Texas, Inc., owner, for approval of a zone change from the General Commercial (GC) and Single Family Residential -1 (R-1) zone to the Single Family Residential -2 (R-2) zone for 67.4 acres on the following described property, to wit: Legal Description: Being 67.4 acres of land located in the H.T. & B. R.R. Co. Survey, Abstract 233, Brazoria County, Texas, more particularly being a portion of Lots 62, 63, 68, 69, and 94 of the W. Zychlinski Subdivision of record in Volume 29, Page 43 of the Deed Records of Brazoria County Texas (B.C.D.R.) General Location: East and West sides of Old Alvin Road, north of McHard City Planner Harold Ellis read the staff report stating the applicant is seeking a zone change from GC and R-1 to R-2 for the 67.4 acres. Staff stated they were unable to JPH Minutes September 17, 2012 Page 1 of 5 recommend approval of Zone Change 2012-08Z as proposed by the applicant for the following reasons: 1. The property appears to be able to be developed in conformance with the Future Land Use Plan. 2. The proposed zone change will not bring the property into compliance with the latest approved Future Land Use Plan. 3. Approval of the zone change would not be in conformance with the surrounding zoning. 4. The proposed zone change may negatively impact on the surrounding properties and developments. Mr. Alan Mueller, for the applicant, 4201 Broadway, Pearland Texas spoke of plans for the rezoning of the land to R-2 as the property to the North was already zoned R-2, as is Hickory Creek Place; and, the roads leading to the property is compatible to this site. Ms. Bonnie Mack of 1511 Old Alvin Road, Pearland TX spoke in opposition. Ms. Mack stated she resided on the 7 acres abutting the property to the east and her concerns were the gas pipeline, Old Alvin Road being in disrepair and traffic. Ms. Mack stated she is not opposed to residential but feels low density homes would be best for this site. Mr. Ron Street, address unknown, spoke with questions regarding the abutting property to the west being zoned commercial/industrial and how it would affect this site. P&Z Vice -Chairperson Susan Sherrouse asked staff to explain the difference between R-1 and R-2. City Planner Harold Ellis stated R-1 zone allowed for an 8800 s.f. home with a density of 3.2 units per acre, and the R-2 zone allowed for a 7000 s.f. home with a 4.0 units per acre. Council Member Scott Sherman asked how many house would fit within R-1 and how many within R-2. City Planner Harold Ellis stated the applicant has indicated they will be submitting a Cluster Development Plan, so an exact number is not available. Council Member asked about staff comments of having a negative impact. City Planner Harold Ellis stated this was based on remaining in compliance with the Future Land Use Plan. Mayor Pro -Tem Susan Sherrouse asked staff to explain what a Cluster Development Plan was. City Planner Harold Ellis explained the platting process of a Cluster Development plan and having a Planning and Zoning Commission approval. Council Member Woody Owens asked for clarification of the surrounding zones and uses. There was brief discussion with regards to the existing church and proposed church. JPH Minutes September 17, 2012 Page 2 of 5 C 1 Council Member Greg Hill stated he agreed with Mr. Mueller and felt the R-2 zone was a good fit. Council Member Keith Ordeneaux inquired about the ownership and the cemetery involvement. Mr. Alan Mueller stated they were purchasing the land from the cemetery. Council Member Ordeneaux inquired about the pipeline, and Mr. Mueller addressed the pipeline and fault that runs through the property and the site is being evaluated. Mr. Mueller stated they were working on a site plan. Mayor Pro Tem Susan Sherrouse stated she felt that a residential zone was better suited for this site and would protect the existing property owners better. P&Z Vice -Chairperson Linda Cowles inquired about the Cluster Development Plan and was concerned about approving without a site plan. Further discussion ensued with regards to the pipeline easements, and deviation of the lot widths with a Cluster Development Plan. Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2012- 08Z at 6:59 p.m. Mayor Tom Reid opened the public hearing for Zone Change Application No. 2012-09Z at 6:59 p.m. ZONE CHANGE APPLICATION NO. 2012-09Z A request of Chris Lesak, applicant, on behalf of Vivien Naeve, owner, for approval of a zone change from the Neighborhood Service (NS) zone to the Single Family Residential -1 (R-1) zone for 18.26 acres on the following described property, to wit: Legal Description: All of that certain 18.26 acres of land out of the 18.284 acre tract described in the deed from Dan Michael Worrall, Et. Ux. To Vivien Naeve recorded under document No. 2004 018266, In the Official Records of Brazoria County, Texas General Location: East of the northeast corner of Pearland Pkwy and John Lizer Road City Planner Harold Ellis read the staff report stating staff was unable to recommend approval at the time as proposed by the applicant for the following reasons: 1. Approval of the zone change would not be in conformance with the surrounding zoning. 2. Approval of the zone change would remove the existing buffer between existing residential uses and future commercial uses. JPH Minutes September 17, 2012 Page 3 of 5 3. The proposed zone change may negatively impact on the surrounding properties and developments. 4. The proposed zone change will not bring the property into compliance with the latest approved Future Land Use Plan. Mr. Chris Lesak, 1802 Victory Ct., Sugar Land, Texas spoke on behalf of the applicant stating the homes proposed would be nice homes on large lots, similar to those in the La Paloma Subdivision off of Yost Road, with an average lot size of 13,000 s.f. There are some limitations on the property due to the flood plain. Mr. Lesak came before Council approximately seven years ago on the same property seeking a zone change from R-1 to NS (Neighborhood Services). Due to the interest now, they are seeking a rezone back to R-1. Mr. Kevin Cole of 3801 Houston Lake Road, Pearland, Texas spoke in favor of the zone change, and reiterated the history of the zone change seven years ago. Council Members Scott Sherman and Greg Hill stated they were in favor of the zone change to R-1. Mayor Pro Tem Susan Sherrouse stated she concurred with the zone change. P&Z Chairperson Henry Fuertes discussed the potential development of the sliver of land along each side of Pearland Parkway and the buffer. City Planner Harold Ellis stated the owner of the property abutting this site, also owned the property across Pearland Parkway, and they were not in favor of the zone change as they felt it would create a hardship. Mr. Ellis stated the buffer of Commercial to Residential would be 25 feet if a masonry fence was put up, or 30 feet if a landscaped buffer was put in, because it is in a corridor overlay district. Mr. Ellis also stated the buffer was greater because of commercial zone abutting residential zone. Mr. Lesak stated the original owner along Pearland Parkway owned 27 acres before the Parkway was put in and that the property was zoned R-2. Mayor Tom Reid asked Mr. Lesak if he had considered purchasing the narrow strip abutting this property along Pearland Parkway, and Mr. Lesak stated he could not afford their price. Discussion ensued with regards to the trees, on sight detention and the flood plain. Council Member Woody Owens stated he did not have a problem with the site being developed as residential. Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2012- 09Z at 7:21 p.m. JPH Minutes September 17, 2012 Page 4 of 5 1 1 1 1 ADJOURNMENT Mayor Tom Reid adjourned the series of Public Hearings at 7:21 p.m. These minutes are respectfully submitted by: Judy BrowY, ComalVinify Development Office Coordinator Minutes approved as submitted and/or corrected on this 28th day of January 2013, A.D. Mayor Tom Reid JPH Minutes September 17, 2012 Page 5 of 5