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1998-11-23 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 23, 1998, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The Joint Public Hearing was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember Chairperson Commissioner Commissioner Commissioner Tom Reid Larry Wilkins Klaus Seeger William Berger Richard Tetens Helen Beckman Mary Starr Jack Mathis Emil Beltz Nghiem Doan Others in attendance: Director of Planning & Community Development Dennis Smith, Planning & Zoning Secretary Nelda Patterson, City Attorney Darrin Coker. The series of Joint Public Hearing Meeting opened at 6:30 p.m. APPLICATION NO. 492 1. CALL TO ORDER The Joint Public Hearing for zone change from classification Single Family Dwelling District (R-4) to Multi -Family Dwelling District (MF) was called to order at 6:36 p.m. II. PURPOSE OF HEARING Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-4) to Multi -Family Dwelling District (MF) on the following described property, to wit: Legal Description: Being 24.81 acres, more of less, out of 37.948 acres, H.T. & B. R.R. Co. Survey, tract 16B & 19B, A-240, according to the plat records of Brazoria Co., TX (Corner of Fite Road & Hatfield Road) X43 Owner: John R. Massey P.O. Box 112 Pearland, Texas 77588 Agent: Hardcastle Real Estate Charlie Eason P.O. Box 846 Pearland, Texas 77588 Chairperson Mary Starr read the purpose of the public hearing into the record. Director of Planning and Community Development Dennis Smith presented the location of the proposed zone change. Mr. Smith noted that the property is surrounded by R-2, R-4, and R-1 zoning and has a drainage ditch running through it. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS Victor Botire, developer, 13014 Thatcher, Houston, spoke for the proposed change. Mr. Botire showed the plot plan for the property noted that the property is not economically viable for development as a single-family dwelling. The property has a 100 -foot wide drainage ditch running through it. Mr. Botire showed photos of the surrounding homes on Hatfield Road and other properties adjacent to the property. It is not the intent to develop a HUD, low- income multi -family complex. It would however be developed so as to enhance the community and should not impact the roads of surrounding communities. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS Cecil Johnson, 5302 Rockland, spoke against the proposed request. Mr. Johnson has lived at this location since 1982 and would like to dispute the comment that the drainage ditch keeps Corrigan South Subdivision dry. Recently his wife was confined to their home due to high water. Mr. Johnson expressed concerns for his 82 -year-old mother who also lives in the subdivision and the emergency response limitations presented with high water. He asked the council and commission to not plan additional building, which would increase flooding potential. Mr. Johnson also noted the traffic on Hatfield and McClean as a means of access to FM518. John McManus, 2722 Holly Springs, noted concerns for the Multi -family zoning. Mr. McManus feels there are currently insufficient roads for existing traffic. A tract the size of the above described property could attract as many as 1,000 additional people, 300 additional cars. Mr. McManus also expressed concerns 2 for the increased likeliness of incidents involving children on bikes,. as the area does not currently have safe bike. He also noted concerns for parks becoming over -crowded. Michael Whitney, 5305 Magnolia, moved to Ryan Acres in 1973 to avoid the congestion. He appreciates living in a minimum density area. The proposed complex would be virtually in his backyard. His main concern is the potential for flooding. The retention pond is not facilitating current water problems. Gary Duff, 4904 Apple Springs, voiced concerns for the roads and traffic in the area. He noted increased traffic since 1994 with limited exits. Sharon Johnson, 5402 Colmesneil, stated that she has lived in South Corrigan since 1995 and has been trough every flood that the subdivision has had. She feels the apartments, with no additional detention ponds, will increase flooding. She noted that the sandpit does not receive water until the subdivision is already flooded. She also stated concerns for increased traffic on McClean and Hatfield. She also inquired about the number of people receiving notification of this Joint Public Hearing. Carla Roberts, 5601 Magnolia, expressed added concerns for the flooding, increased traffic, and the visibility from her home. The current residents do not want apartments built in the area. She was concerned about the flow of people and traffic. Mike Sampson, 5106 Rockland, agrees with the statements that have been made. He noted concerns for increased traffic during shcool hours the complex would compund. He stated that the apartments may initially be a quality complex but with the passing of time and changing of ownership the potential for deterioration exist. Russell Turff, 5306 Colmesneil, agrees with the previously stated concerns. He received notice on Friday afternoon by a flyer. He did not feel that the pictures were representatives of the area that will be affected by the apartments. Gracis Alvarado, 4802 Apple Springs, expressed the same concerns as have been stated. She requested the participation of the City Engineers with the traffic and drainage concerns. Gary Watts, 3004 Neches River, expressed the same concerns. His primary concern is for flooding. -- Milan Myers, 5104 Rockland, agrees with the statements adding the concern 3 Z'45 for the apartments changing ownership numerous times and the decline of the property. Denise Cotta, 5401 Magnolia, stated that she does not approve of apartments and has concerns for the type of people it will attract. Dee Hill, noted concerns for increased crime, flooding, decline in property value, overcrowding of schools. Ms. Hill presented a petition signed by more than 75 residents opposed to the proposed zone change. Tina Byers, 5403 Ryan Acres, agreed with the concerns for overcrowding of schools and the decrease in property value. James McKeithen, 5406 Leggett, expressed concerns for crime, violence, and drainage. Pam Block, 5310 Colmseneil, agreed with concerns of crime, traffic, drainage, and what elements the apartments will bring. Concerns were expressed for retention and suggest that the property be made a detention pond. Joann Bruely, owns property in the area. She agrees with what has been said. She added concerns for children living in the apartments being exposed to the dangers imposed by the water in the ditch. Sharon Johnson, 5403 Colmseniel, noted that the pictures are not truly representative of the area. Greg Romeo, 5306 Rockland, agrees with the prior stated concerns for crime. He feels that the addition of apartments would make Pearland a less desirable place to live. Charlotte Russo, 5304 Colonsneil, agreed with concerns for flooding and overcrowded schools. Sha Roberts, 5601 Magnolia, agrees with the concerns for traffic, overcrowded schools, flooding, crime, and concerns for her animals in the yards. Michael Whitley, 5305 Magnolia, added concerns for the retention pond and drainage. Magnolia Street will eventually go through and will add traffic without the addition of the apartments. n IV. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid asked Dennis Smith to clarify the guidelines for notification. Mr. Smith stated that with all zone change request, state law requires that any property within 200 foot of the property be notified of the zone change request. The property owner information is obtained from the tax office. Letters are mailed to the names on the list at least 10 days prior to the hearing. The letters are not mailed certified. Mayor Tom Reid noted that the holding pond on Mary's Creek is the Brazoria County Drainage #4 facility and the City is not involved in it but will follow-up fromwith personnel from the Drainage district. Councilmember Klaus Seeger asked if zone change signs are being placed on the property requesting the zone change. Mr. Smith replied that they were but he was not sure it had happened on this property. Councilmember Larry Wilkins asked about the time frame for the notices being sent out. Mr. Smith stated that notices are mailed at least 10 days prior to the hearing. The notices that were received on Friday were flyers distributed by neighbors who had received the notices mailed by the City. Director of Planing and Community Development stated the proposed Multi- family is for straight zoning and not a planned unit development and at this time have not receives plans or drawing for the project. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:21 p.m. APPLICATION NO. 519 I. CALL TO ORDER The Joint Public Hearing for zone change from classification Suburban Development (SD) to Single Family Dwelling District (R-3) was called to order at 7:24 p.m. 5 4 7 II. PURPOSE OF HEARING Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single -Family Dwelling District (R-3) on the following described property, to wit: Legal Description: Being 12.498 acres out of the SE 1/4, Sect. 21, H.T. & B. R.R. Co. Survey, A-309, and part of a tract described in deed dated 11-22-1972, George P. Kelly to Rose M.A. Bagnoli, Vol. 1144, Pg. 902, Deed Records of Brazoria Co., TX Owner: Estate of Rose Marie Bagnoli Agent: Jack Nahas, Executor 4835 Gladys Avenue Beaumont, Texas 77706 Chairperson Mary Starr read the purpose of the public hearing into the record. Director of Planning and Community Development Dennis Smith presented the location of the proposed zone change. This property is part of the Beazer TIRZ. R-3 zoning and pending request of R-2 abuts the property. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS Steve Gardner, 11806 Moss, Stafford, Texas, engineer for the project, noted that this is the continuation of the Village of Edgewater project. It includes the extension of Northfork Drive and has a detention on site, green belts and open space. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid commended the engineer for the developments he has been involved with. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:29 p.m. 6 r- APPLICATIONS NO. 499 525 527 528,529 & 530 1. CALL TO ORDER The Joint Public Hearing for zone change request from Suburban Development to Single Family Dwelling District (R-1) was called to order at 7:29 p.m. 11. PURPOSE OF HEARING Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single -Family Dwelling District (R-1) on the following described properties, to wit: 1. Zoning Application No. 499 Legal Description: Lot 20, Blk. 5, Hickory Creek Place addition, according to the plat recorded in Vol. 11, pgs. 1-2, plat records of Brazoria Co., TX (6002 Butler) Owner: Berl A. Padgett 6002 Butler Pearland, Texas 77581 2. Zoning Application No. 525 Legal Description: One acre, more or less, out of Lot 9, the NE % of the SW 1/4, H.T. & B. R.R. Co. Survey, Sect. 14,.A-509, deed records of Brazoria Co., TX (6328 Cottonwood) Owner: Dane Betio 6328 Cottonwood Pearland, Texas 77584 3. Zoning Application No. 527 Legal Description: Lot 2, Blk. 3, Hickory Creek Place subdivision, H.T. & B. R.R. Co. Survey, Sect. 7, A-219, recorded in Vol 11, pg. 1, Plat Records of Brazoria Co., TX (13907 Melanie Lane) Owner: Myrna Lee McCracken 13907 Melanie Lane Pearland, Texas 77581 7 L48 '49 4. Zoning Application No. 528 Legal Description: Lot 20, Blk. 4, Hickory Creek Place addition, recorded in Vol. 11, pg. 1, Plat Records of Brazoria Co., TX (13902 Melanie Lane) Owner: Michael & Sylvia Celaya 13902 Melanie Lane Pearland, Texas 77581 5. Zoning Application No. 529 Legal Description: Lot 2, Blk. 2, Hickory Creek Place subdivision, according to plat recorded in Vol. 11, pg. 1-2, Plat Records of Brazoria Co., TX Owner: Sylvia Clark 1003 Norfolk Pearland, Texas 77584 6. Zoning Application No. 530 Legal Description: Lot 7, Blk. 7, Hickory Creek Place subdivision, according to the plat recorded in Vol. 11, pgs 1-2, plat records of Brazoria Co., TX (6011 Kelly Drive) Owner: Abiel & Concepcion B. Salinas 6011 Kelly Drive Pearland, Texas 77584 Chairperson Mary Starr read the purpose of the public hearing into the record. Director of Planning and Community Development Dennis Smith presented the locations of the proposed zone changes. Mr. Smith noted that all of the requests were in Hickory Creek Subdivision. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS None. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS None. 8 5 0 V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. VL ADJOURNMENT The Joint Public Hearing adjourned at 7:48 p.m. APPLICATION NO. 621 I. CALL TO ORDER The Joint Public Hearing for approval of the Shadow Creek Ranch Planned Unit Development was called to order at 7:48 p.m. 11. PURPOSE OF HEARING Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single Family Dwelling District (R-1 through R-4), Multi - Family District (MF), Office Professional, Neighborhood Services District, Commercial, and Light Industrial (MF, OP, NS, GB, C, M-1) and General Business (GB), Planned Unit Development (PUD) on the following described property, to wit: Legal Description: Being 3559 acres of land, more or less, located in the Dupuy and Roberts Survey, A-726, Brazoria Co.; J. Crawley Survey, A-174, Brazoria, Co; William Morris Survey, A-344, Brazoria Co.,; T. C. R. R. Co. Survey, Sect. 3, A-678, Brazoria Co.; T. C. R. R. Co. Survey, Sect. 4 (John W. Maxcy), A-675. Brazoria Co., Obediah Pitts Survey, A-717, Brazoria Co.; HT & B RR Co. Survey, Sect 80 (J. S. Talmage), A-564, Brazoria Co.; HT & B RR Co. Survey, Sect. 81, A-300, Brazoria Co.;HT & B RR Co. Survey, Stect.82, (J. S. Talmage), A-565, Brazoria Co.;HT & B RR Co. Survey, Sect. 83, A-305 in Brazoria Co. and A- 761 in Fort Bend County; HT & B RR Co. Survey, Sect. 84 ( R.B. Lyle), A-538 in Brazoria, Co. And A-767 in Fort Bend Co.; S. G. Haynie Survey, A-212 in Brazoria Co and A-620 in Fort Bend Co.; Franklin Hooper Survey, A-198, Fort Bend Co.; George W. McDonald Survey, A-577, Fort Bend Co.; I.C. Stafford Survey, A-668, Fort Bend Co. And the H. Levering Survey, A-279, Fort Bend Co., TX; N ` 5 1 Owner: Shadow Creek Ranch Development Co., L.P. Agent: Knudson & Associates 8588 Katy Freeway, Suite 441 Houston, Texas 77024 The purpose of the hearing was read into the record by Chairperson Mary Starr. Director of Planning and Community Development Dennis Smith noted that Gary Creek has requested the opportunity to give a brief presentation of the PUD under "III" of the agenda. Mr. Smith provided a map showing the location of the proposed Planned Unit Development. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS Gary Cook, 10777 Westheimer, Houston, Texas, spoke for the Planned Unit Development. The land use includes potential drill site and the developers are working with the City Attorney and Vincent and Elkins to develop a more stringent drill site ordinance for the PUD. Patty Joiner, Knudson and Associated, stated that the PUD document outlines an orderly development and flexible enough to respond to the market place. The major land uses can not be changed over 15% of what they are estimated at without coming back to the Planning Commission and City Council. The maximum drawing units are fixed at 12763 units thus gives maximum flexibility and still orderly growth and development for the city. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS Larry Marcot, 3606 Inverness, Pearland, Texas, expressed concerns with the presentation of two weeks which stated timeline for acceptance was the end of the year. He also asked for a definition of a PUD. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid asked Mr. Smith to define a PUD. Mr. Smith stated that a Planned Unit Development is a foot print of the development prior to the zone change being presented. The foot print shows where the lots and houses, parks, etc. will be built. It is and overall concept of what will be in the area. The area must be developed as indicated. Copies of 10 the PUD document are available for review in the City Secretaries Office. Mayor Tom Reid asked Gary Cook to clarified the'time frame issue. Mr. Cook explained that they have been working with the city of Pearland and staff for approximately six months. The need for acceptance by the end of the year is because the financing for the project is proposed to be done with a TIRZ and a large element of the plan includes the Alvin ISD and their desired participation. There is some proposed legislative changes coming this session that might preclude them from participation and therefore would mean less monies to be available for schools financing and other improvements. Councilmember Helen Beckman made the comment that she appreciated Mr. Cook involving the council in this development and keep them informed of each step. Mayor Tom Reid stated that he has seen 6 or 7 presentation on the project and has been kept well apprised on the project. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:56 p.m. The series of Joint Public Hearings adjourned at 7:21 p.m. Minutes respectfully submitted by: Nelda Pa rson Planning and Zoning Secretary Minutes approved as submitted and/or corrected this AT*day ofA.D., 1998 Tom Reid Mayor 11 125 2 THIS PAGE LEFT BLANK INTENTIONALLY