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2005-07-18 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES .• MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 18, 2005, 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 6:30 p.m. with the following present: Mayor Tom Reid P & Z Vice Chairperson Todd locco Mayor Pro-Tern Kevin Cole P & Z Commissioner Neil West Council Member Charles Viktorin P & Z Commissioner Sheryl Greiner Council Member Woody Owens P & Z Commissioner Joe McWhorter Council Member Larry Marcott 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, 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. 1237 was called to order at 7:35 p.m. A. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1237 A request by Wallace and Edith Longoria, owners, 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-1), on the following described property, to wit: Legal Description: Lot 6, Block 4, of Garden Acres Subdivision, Section 2, H.T. & B.R.R. Company Survey, Abstract 219, City of Pearland, Brazoria County, Texas General Location: Located at 2627 Lazy Bend Street Minutes-JPH -7/18/05 Page 1 of 6 Planning & Zoning Vice Chairperson Todd locco read the purpose into the record. Senior Planner presented the Staff Report. Staff recommended approval of the zone change, as proposed by the applicant. The property owner, Mr. Wallace Longoria of 2627 Lazy Bend Street, Pearland, Texas spoke briefly about the proposed zoning. There were no persons to speak for or against the proposed zone change request. Councilman Cole stated there were two Public Comment forms received in favor of this zone change. There was no Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1237 was adjourned at 7:42 p.m. The Public Hearing for Zone Change Application No. 1235 and Specific Use Permit Application No. 148 was called to order at 7:43 p.m. ... B. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1235 and Specific Use Permit Application No. 148 A request by Sovereign Grace Church, applicant for Dr. Ted Cleaves, 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 Estate Lot Single Family Dwelling District (R-E), and approval of a Specific Use Permit for a church (R-E(S)), on the following described property, to wit: Legal Description: 9.989 acres of land, Lot 33, Section 10, T.T. & B.R.R. Company Survey, Abstract 505, Allison Richey Gulf Coast Home Company Subdivision, as recorded in Volume 2, Page 84, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas General Location: Located on the West Side of Max Road, and South of Brookside Road Planning & Zoning Vice Chairperson Todd locco read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff recommended approval of the zone change to R-E and specific use permit with staff comments. There were two Public Comment forms received against the proposed zone change, one by mail, and one by email. The applicant was not present. Minutes-JPH -7/18/05 Page 2 of 6 Ms. Jan Sutter of 1833 Max Rd., Pearland, Texas spoke in regards to this zone change. She stated that this is an extremely low piece of land. She would assume that a retention pond would be necessary. There are two nice homes to the North. There were no other comments from the audience. Councilman Cole stated he would like the staff to address Ms. Sutter's question in regards to a retention pond. Ms. Grahmann stated that the applicant would need to plat the property and apply for a building permit, and stormwater detention would be reviewed at that time. Commissioner McWhorter brought up parking requirements. Senior Planner Grahmann stated that the parking for a church is based on the seating capacity. Commissioner McWhorter was concerned that the parking lot and retention pond might restrict the size of the church. Ms. Grahmann stated that a site plan/floor plan had been submitted. Planning Director Krishnarao suggested the applicant attend a Pre-Development meeting to learn the development process. There were no other comments from Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1235 and Specific Use Permit Application No. 148 was adjourned at approximately 7:50 p.m. The Public Hearing for Zone Change Application No. 1236 and Specific Use Permit Application No. 149 was called to order at approximately 7:51 p.m. C. CONSIDERATION & POSSIBLE ACTION —Zone Change Application No. 1236 and Specific Use Permit Application No. 149 A request by Shepherd of the Heart Methodist, applicant for Anh Ho and Arlin Harwell, owners, 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-1), and approval of a Specific Use Permit for a church (R-1(S)), on the following described property, to wit: Legal Description: 10.00 acres in the J.S. Talmage Survey, Abstract 564, and being a part of Lot 36 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision recorded in volume 2, Page 98 of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas General Location: Located on the North Side of County Road 59, and West of Future Kirby Drive Minutes-JPH -7/18/05 Page 3 of 6 Planning & Zoning Vice Chairperson Todd locco read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff recommended approval for zone change to R-1 and specific use permit. There were no Public Comment Forms received. Robert Smith, representing Shepherd of the Heart Methodist Church spoke on behalf of the church. He said they would comply with staff's recommendation, they are aware of what is needed, and that they are ready to plat the property. 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. 1236 was adjourned at 7:54 p.m. The Public Hearing for Specific Use Permit 150 was called to order at 7:55 p.m. D. CONSIDERATION & POSSIBLE ACTION — Specific Use Permit Application No. 150 A request by Jack McGuff, Jr., AIA, applicant for A.R. Hixson, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for an Industrial Manufacturing Facility with Blending and/or Packing Facilities, in the Heavy Industrial District (M-2(S)), on the following described property, to wit: Legal Description: 30.155 acres out of Lot 4, Section 12, H.T. & B.R.R. Company Survey, Abstract 508, Pearland, Brazoria County, Texas, and being a portion of that certain tract described in a deed dated 12- 20-2000 from Patrick L. Dooley to A.R. Hixson as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 01-009725, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of Magnolia Street, and East of Veterans Drive Planning & Zoning Vice Chairperson Todd locco read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. Staff recommends approval, along with two conditions, listed in the report regarding fencing and landscape buffers. There were numerous public comment forms received from residences against the specific use permit. Jack McGuff, 5208 Broadway #208, distributed site plans to the Council, the P & Z Commissioners, and Staff. Mr. McGuff stated the property is currently zoned M-2 Heavy Minutes-JPH -7/18/05 Page 4 of 6 Industrial, and would like to change this to M-2 Specific Use. 111,0. Norman Kirby, operations manager of Forward Enterprises, spoke on behalf of the chemical blending company. He stated that they buy the finished product, blend it, and make polyurethane foam. They sell to Utility companies. They don't make the foam on site. They make the two types of liquids, and that is what forms the foam. Mayor Reid asked if there was anyone present to speak. There were 28 people present that spoke against this specific use permit. Dwain Evans, Developer of Pearland Farms, John Skeele of Bayway Homes, Michael Fawcett, Bayway Homes, Homeowners: Larry Sutton 4528 Teal Glen St., John Glover 4001 E. Cedar Trail Court, Tony Finnelly 4007 E. Cedar Trail Court, Kandy Glover 4001 E. Cedar Trail Court, Don Joson 4002 E. Cedar Trail Court, Roy Simpson 4518 Fox Run St., Jeremy Thomas 4004 E Cedar Trail Court, Karen Wiehoff 4009 East Cedar Trail Court, Frank Fort 4005 E. Cedar Trail Court, Chris Sutton/Masera 4010 E. Cedar Trail Court , Debra White-Wick 4504 Fox Run St., Mark Smith 4006 E. Cedar Trail Court, Richard Murphy 4009 Cedarwood Dr., Allison Barnes 3603 Shasta Court, Monica Tommes 4517 Fox Run St., Matt Tommes 4517 Fox Run St., Jacqueline Williams 3411 Norma Lane, Gretchen Berry 3622 Mahejan Drive, Brett Phillips 4909 Mahejan Court, Jeff McCloud 4512 Teal Glen, Michele Finley 3505 Whitestone Drive, Denise Conroy 4011 Cedarwood Drive, Kelli Jiminez 4521 Stonebridge, Dinah Smith 4006 E. Cedar Trail Court, Shannon McCawell 3622 Mahejan Drive. Mr. Kirby stated that the waters are tested each time it rains. There record is spotless. Everything is contained in the building. He stated that they were not a chemical manufacturing plant. They have test records to prove their clean record. Councilman Cole asked City Attorney Coker, if this Specific Use Permit is denied, could the city arbitrarily come in and rezone this to residential. Attorney Coker stated that in the past, it might have been a possibility. But now, it is more difficult due to recent legislation. It might run into legal challenges. Mayor Reid stated that everyone was notified that resided within 200 feet. The homeowners claimed that did not receive these notices. Councilman Cole asked if the Appraisal District records were used, and that maybe this was why some of the homeowners were not notified. Senior Planner Grahmann stated that only two owner's names were on the appraisal district records. The rest were still listed under the builders. The builders - Chase, Kebble Homes and Bayway Homes were sent notices. Ms. Tommes asked if Public Comments could still be submitted. Ms. Grahmann stated yes. Ms. Grahmann stated that 25 - 30 Public Comment forms against this SUP were received and that more came in just prior to the meeting. Notices were sent 10 days prior to the hearing. A notice sign was posted 10 days before the meeting. A notice is published in the Pearland Reporter News, nineteen day before the hearing. '— Councilman Viktorin advised the audience to subscribe to the Pearland Reporter News as this is the official newspaper that the City uses to publish notices. Minutes-JPH -7/18/05 Page 5 of 6 ow- Mayor Reid thanked everyone for coming. Commissioner Greiner asked several questions for Mr. Kirby in regards to Fire, Venting, Chemicals and Water. Ms. Krishnarao stated that the Fire Marshal was present at the Pre-Development meeting. He was confident that the Fire department would be able to fight a fire at this facility. Councilman Owens said he believed in what the residents had to say, and that maybe the builders should have looked into the M-2 classification, as M-2 is the heaviest industrial zoning, and the residents should have checked with the builder. No other comments were made. The Public Hearing for Specific Use Permit No. 150 was adjourned at 9:22 p.m. ADJOURNMENT The Joint Public Hearing adjourned at 9:22 p.m. 9.• These minutes are respectfully submitted by: Judy D. Krajca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this day of , 2005. Tom Reid Mayor Minutes-JPH -7/18/05 Page 6 of 6