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2005-11-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 21, 2005, AT 6:30 'P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The Mayor called the public hearing to order at 7:50 p.m. with the following present: Mayor Tom Reid P & Z Chairperson Ruby Sandars Mayor Pro-Tern Kevin Cole P & Z Vice Chairperson Todd locco Council Member Woody Owens P & Z Commissioner Neil West Council Member Larry Marcott P &Z Commissioner Henry Fuertes Council Member Richard Tetens P &Z Commissioner Susan Sherrouse Also in attendance: City Attorney Darrin Coker; City Manager Bill Eisen; Deputy City Attorney Nghiem Doan; Assistant City Manager Nick Finan; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan and Plat Administrator Richard Keller; Planner 1 Diana DuCroz, 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. PURPOSE OF HEARING The Public Hearing for Zone Change Application No. 1250 was called to order at 7:51 p.m. by Mayor Tom Reid, and by Planning and Zoning Chairperson Ruby Sandars. A. Zone Change Application No. 1250 A request by the City of Pearland (City initiated zoning request due to annexation) for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-2), Single Family. Dwelling District (R-3), Single Family Dwelling District (R-4), Neighborhood Service District (NS), and General Business District (GB), on the following described property, to wit: General Location: Includes all property within MUD 5; all of Southdown Subdivision Generally Located on the North Side of County Road 403 (Hughes Ranch Road) and on the JPH Minutes, 11/21/05 Page 1 of 7 East Side of State Highway 288; an undeveloped tract located on the west side of State Highway 288 and on the north side of Discovery Bay Drive; all of Crystal Lakes Subdivision, generally located on the west side of Cullen Boulevard, and south of County Road 403 (Hughes Ranch Road); and undeveloped tracts located on the north side of Brookside Road, and on the west side of Cullen Boulevard Chairperson Ruby Sandars read the purpose into the record. Assistant City Manager Nick Finan presented the Staff Report for the proposed zoning of MUD's. There was no one in the audience to speak for or against this Zone Change. There was minimal discussion among the Council members, City Manager and Mr. Finan regarding the requested zoning and park site. There were no comments from the Commission/Staff. The Public Hearing for Zone Change Application No. 1250 was adjourned at 8:03 p.m. The Public Hearing for Zone Change Application No. 1247 was called to order at 8:03 p.m. by Mayor Tom Reid. B. Zone Change Application No. 1247 A request by Mike Pollok, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Planned Unit Development District (PUD), on the following described property, to wit: General Location: Generally Located on the North Side of Fite Road, and West of Old Chocolate Bayou Road/Cullen Boulevard Chairperson Ruby Sandars read the purpose into the record. Planning Director Krishnarao presented the Staff Report. Staff and the Commission had concerns that this PUD lacked creativity and amenity. Ms. Krishnarao stated that there were a number of comments listed in the staff report. JPH Minutes, 11/21/05 Page 2 of 7 Mr. Alan Mueller, with LJA Engineering, was present and represented the owner, Mr. Mike Pollok. He spoke in favor of the PUD. There were several in the audience that spoke against this PUD. They were: Leonard Schluns of 8405 Rayleine Drive, Pearland, TX 77584; Kurt Christensen of 8403 Rayleine Drive, Pearland, TX 77584; and Eric Heinroth of 8306 Nahas Court, Pearland, TX 77584. The owner, Mr. Mike Pollak of 10614 Tarrington, Houston, TX 77024 was also present and spoke in favor of the PUD. Mr. Schluns asked if the handouts passed out by both the staff and Mr. Mueller were available to the audience. City Attorney Coker replied that they were, through an open records request through the City Secretary. There was no one else present to speak for or against this PUD. There was much discussion between Council/Commission/Staff. One of the concerns was the lack of creativity. Chairperson Sandars stated this was an issue when originally presented, and was still an issue. Councilman Cole addressed Mr. Heinroth's question on density and brought up the Comprehensive Plan. Commissioner West questioned the landscaping, and both Councilman Marcott and Chairperson Sandars asked of this PUD was definite. Mr. Mueller concluded that they would follow other codes if not addressed specifically in the PUD. Ms. Krishnarao brought up the buffer area. She stated the Comprehensive Plan does require landscaping, and asked the applicant to submit some type of conceptual drawing. Further discussion ensued between Council/Commission/Staff regarding the comments within the staff report. The Public Hearing for Zone Change Application No. 1247 was adjourned at 8:45 p.m. The Public Hearing for Zone Change Application No. 1248 was called to order at 8:45 p.m. C. Zone Change Application No. 1248 A request by C. Davis Wilson, applicant for Texas Heritage Village, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Estate Lot Single Family Dwelling District (R-E) to Planned Unit Development District (PUD), on the following described property, to wit: JPH Minutes, 11/21/05 Page 3 of 7 General Location: Generally Located on the South Side of County Road 100 and West of Pearland Sites Road Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Krishnarao presented the Staff Report. The applicant, C. Davis Wilson, was present and spoke briefly, introducing Alan Mueller, of LJA Engineering, to speak on his behalf, due to his poor health. Mr. Mueller discussed the.need for a retirement village in the community, the Comprehensive Plan, advantages for the City of Pearland, and revenue and service comparison. Also speaking in favor of this PUD was the owner, Mr. Nair Sasidharan. There were several from the audience that spoke against this PUD. They were: Meta Ann Kirby of 17020 Berry Rd., Pearland, TX 77584; Karen Morgenthaler of 6513 Grace, Pearland, TX 77584; Mary Spencer of 16654 Berry Rd., Pearland, TX 77584; and Jim Quintanilla of 7003 Arnie Lane, Pearland, TX 77584. Their concerns were the narrow road, flooding, crime in the area increasing, the Sri Lankin Temple already existing on the other side of this proposed subdivision, noise associated with the temple, road issues, traffic, and police and ambulance response. There was no one else to speak for or against this PUD. Councilman Marcott spoke against this. He stated the land was zoned RE and needed to remain RE. Councilman Cole asked City Attorney Coker to comment on the Sri Lankin Temple, and Mr. Coker stated they could not speak on this issue as it is not related to this zone change. They could only speak about the land use. Mr. Cole stated he like the concept, just not the area. He was not sure he could support this. His concerns were, traffic and emergency vehicles. The same concerns he had during the workshop are still the same. Chairperson ,Sandars stated she felt the same as she did last time this was discussed. Her concerns were traffic and density. There was brief discussion between Staff and Council/Commission. The Public Hearing for Zone Change Application No. 1248 was adjourned at 9:35 p.m. JPH Minutes, 11/21/05 Page 4 of 7 A short recess was called by Mayor Reid. The Public Hearing for Zone Change Application No. 1249 was called to order at 9:49 p.m. by Mayor Tom Reid. D. Zone Change Application No. 1249 A request by Vernon G. Henry & Associates, Inc., applicant for CBL & Associates Properties, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) and General Business District (GB) to Planned Unit Development District (PUD), on the following described property, to wit: General Location: Generally Located on the South Side of Broadway Street, and on the West Side of County Road 566, and also West of State Highway 288 Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Krishnarao presented the Staff Report. Jeff Brewer, of CBL Properties in Chattanooga, TN gave a PowerPoint presentation. Also present to speak was Steve Moluse of KA Architects of 1468 W. 9th St., #600, Cleveland, OH 44113. He addressed the staff review comments as noted in a handout given to Council/Commission/Staff. Present to speak in favor of the PUD was Michael Klaus of 5016 Groveton, Pearland, TX 77581. There was no one else present to speak for or against this PUD. There was much discussion between Council/Commission/Staff. Concerns were the hotel parking spaces, the apartments and the 900 s.f. of green space, density and ownership. Also addressed was the parking and who would maintain it, and parking around the Event Center. Mr. Marcott stated the handout that was given to them tonight by KA Architects was dated 11/18/05. Council, Commission and Staff did not have time to review prior to this hearing and therefore could not comment on it. There was no further discussion between Council/Commission/Staff. The Public Hearing for Zone Change Application No. 1249 was adjourned JPH Minutes, 11/21/05 Page 5 of 7 at 10:39 p.m. Mayor Reid stated that the Old Townsite Workshop would be moved to another night, as it was so late, and many people interested in the Townsite had already left. The Public Hearing for Specific Use Permit Application No. 156 was called to order at 10:40 p.m. by Mayor Tom Reid E. Specific Use Permit Application No. 156 A request by James P. Dey, applicant for SBC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for Telephone Exchange Switching Relay and Transmitting Equipment, in the Planned Unit Development District — Shadow Creek Ranch Planned Unit Development (PUD(S)), on the following described property, to wit: General Location: Generally Located on the South Side of Spinnaker Bay Drive, and East of Biscayne Springs Lane • Chairperson Ruby Sandars read the purpose into the record. Senior Planner Grahmann gave the Staff Report. Jim Dey, a representative of SBC, spoke on behalf of the applicant. He stated that typically they don't landscape as everything is concrete, brick building, roof, and wrought iron fence. The adjacent subdivision usually does all the landscaping. Michael Klaus of 5016 Groveton, Pearland, TX 77581 spoke, asking how are other SBC locations maintaining infrastructures. No one else spoke for or against this SUP. Councilman Cole asked for clarification on the landscaping, asking if an agreement was in place with Shadow Creek Ranch to do this. Brief discussion ensued further on the landscaping issue between Council/Commission/Staff. The Public Hearing for Zone Change Application No. 1249 was adjourned at 10:54 p.m. JPH Minutes, 11/21/05 Page 6 of 7 ADJOURNMENT The Joint Public Hearing adjourned at 10:54 p.m. These minutes are respectfully submitted by: LA.404.75 • 4/itai-e_c,_ Judy K(1—'D. Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 13th day of March, A.D.,. 2006. Tom Reid Mayor JPH Minutes, 11/21/05 Page 7 of 7