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2001-03-05 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES079 _ MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 5, 2001, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The Joint Public Hearing was called to order with the following present: Mayor Councilmember Councilmember Councilmember Councilmember P & Z Chairman P & Z Vice -Chairman P & Z Commissioner P & Z Commissioner P & Z Commissioner P & Z Commissioner Tom Reid Helen Beckman Larry Marcott Woody Owens Larry Wilkins H. Charles Viktorin Donald Glenn Emil A. Beltz Randy Patro Russ Selemon Richard F. Tetens Others in attendance: Manager of Administrative Support Tobin Maples, AICP, Planning and Zoning Secretary Jennifer Gonzales. Mayor Pro -Tem Klaus Seeger was absent. ZONING APPLICATION NOS. 501.593, and 596 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:37 p.m. II. PURPOSE OF HEARING Request of owners for an amendment Development Ordinance of said City Development District (SD) to Mobile Home described property, to wit: 1. Zoning Application No. 501 to the Land Use and Urban from classification Suburban District (MH) on the following Legal Description: 1.450 acres out of Lot 8, being the Southeast 1/4 of the Northwest 1/4 of the H. T. & B. R.R. Co. survey, Section 14, A-509, Brazoria Co., TX (3713 Aubrell (old address: 16111 Aubrell)) Owner: Raymond & Rita Girod 3713 Aubrell Pearland, TX 77584 2. Zoning Application No. 593 Legal Description: Lots 4 & 5, Block 2, Wagon Wheel Addition, H. T. & B. R.R. Co. survey, A-509, according to the plat records of Brazoria Co., TX (6118 Larrycrest) Owner: John & Evie Johnson 6118 Larrycrest Pearland, TX 77584 3. Zoning Application No. 596 Legal Description: Being 2.00 acres, Roy Acres II, Tract 168J -169U, H. T. & B. R.R. Co. survey, A-308, plat records of Brazoria Co., TX (7902 Warren) Owner: Wesley & Phyllis Shafer 7902 #2 Warren Pearland, TX 77584 The purpose of the public hearing was read into the record by P&Z Chairman Charles Viktorin. Manager of Administrative Support Tobin Maples, AICP, stated that he has no slides and the City Attorney would like to give a brief explanation of these zoning applications. City Attorney Darrin Coker explained that these applications were applied for back in 1998, and technically the applications should not even be in front of them for a Public Hearing. He stated that an "MH" zoning has to be at least 3 acres. Mr. Coker pointed out that these are single family lots, and the Land Use and Urban Development Ordinance does not have a mobile home designation. He stated that the only reason they are processing these applications is because they are "acting" and they need to finalize them. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mayor Reid stated that he does have a public comment form that he would like to enter into record from Douglas Girod who resides at 3713-1 Aubrell. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mayor Reid stated that he would like to enter into record that he received 4 public comment forms that were against the request and listed them as: 2 4� W1 1. Sam D. Thomas, 5407 Spring Circle Dr. 2. Monique Hughes, 5929 Jerrycrest Dr. 3. N. Noel Webb and Peggy A. Webb, 6002 Jerrycrest Dr. 4. Salvador Perez, 17122 Williams Dr. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Larry Wilkins stated that he would like to iterate for the record that the City Attorney stated that these applications lack an appropriate requirement for the requested zoning, and this is not a part of the Comprehensive Plan. VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:48 p.m. ZONING APPLICATION NO. 967 CALL TO ORDER The Joint Public Hearing was called to order at 6:49 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-2) to Single Family Dwelling District Planned Unit Development District (R-2 PUD) on the following described property, to wit: Zoning Application No. 967 Legal Description: 60 acres, being Tracts 26-31 H. T. & B. R.R. Co. survey, A- 219, Brazoria Co., TX (Hatfield Road) Owner: Ronald Noles and Billy Noles 1730 Hatfield Road Pearland, TX 77681 Agent: James Cornelius The purpose of the public hearing was read into the record by P8Z Chairman Charles Viktorin. Manager of Administrative Support Tobin Maples, AICP, presented the location of the proposed zone change by showing slides of the property and gave a brief 3 082 description of the surrounding properties. He stated that staff sent out 28 public comment forms and the request does comply with the Comprehensive Plan. Mr. Maples then stated that the developer has been advised that at Traffic Impact Analysis will be required and parkland fees will be required. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Jamie Cornelius, 1600 Elm Street, Suite 300, Dallas, TX, stated that he is the applicant. He stated that he met with both the Planning and Zoning Commission and the Parks Board a few weeks ago, and there were some comments on the front yard setbacks, which have been addressed and changed in the document. Mr. Cornelius gave a brief description of the surrounding properties. Mayor Tom Reid stated that he received a public comment form from Edwin Wind, Sr., 3014 Green Tee Drive who is in support of the request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Richard E. Szopski, 2107 Mary's Creek West, Pearland, TX 77581, stated that he owns property on O'day Rd, and he would like to know what kind of change will be made and what was the previous zoning. V. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Manager of Administrative Support Tobin Maples stated that the property is now vacant and is presently zoned for Single Family Dwelling (R-2), and the applicant is applying for a Master Planned Community, which is better suited for marketing, housing, and setbacks. Mr. Szopski asked if the lots will be smaller, and Mr. Maples replied that the density may change and some lots will be smaller. Mr. Szopski asked how many units per acre would there be, and Mr. Maples replied that 3.07 units per acre is required and the average lot size will be 7400 square feet. Mr. Maples briefly explained the zoning procedure and showed a map of the location site. P & Z Commissioner Beltz stated that the legal description on the application reads 30' and on the map it shows 60', and Mr. Maples stated that the footage on the map is a typo -error, and it should be 30'. Council Member Marcott stated that in terms of detention, he knows that the Brazoria Drainage District #4 is working on a situation to take over the maintenance of detention ponds and drainage rather then the Home Owner's Association, and he would like the developer to look into this. 2 M Mr. Cornelius stated that he would be very glad to look into that and he understands that would be in the best interest of the residents. Council Member Beckman stated that this looks like "R-3° zoning, and she asked the developer to address the special "extra's". Mr. Cornelius stated that some lots have 60' and some have 70', and since he will be using a mixed use of zoning, a "PUD" would be the best product for this development. He then stated that there will be a variation of front yard setbacks that will give an additional street scenery. Mr. Cornelius then stated that he has learned this to be unique design feature that they have used in several communities. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:05 p.m. ZONING APPLICATION NO. 971 CALL TO ORDER The Joint Public Hearing was called to order at 7:06 p.m. It. 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-1) to Single Family Dwelling Planned Unit Development District (R-1 PUD) on the following described property, to wit: Zoning Application No. 971 Legal Description: 124.4087 acres, out of 297.58 acres conveyed to Aaron Pasternak by Warranty Deed dated January 14, 1969 and recorded in Vol. 1023, pg 297, Deed Records of Brazoria Co., TX and being in the Warren D.C. Hall League, A-70, Brazoria Co., TX (Pearland Parkway) Owner: 313 Acre Pearland Joint Venture ET AL Matt Pasternak 2142 Bolsover Houston, TX 77005 Agent: John H. Taylor, Trustee The purpose of the public hearing was read into the record by P8Z Chairman Charles Viktorin. 5 Manager of Administrative Support Tobin Maples, AICP, presented the location of the proposed zone change by showing slides of the property and gave a brief description of the surrounding properties. He stated that the Comprehensive Plan calls for low density residential, and the developer has been advised that at Traffic Impact Analysis will be required. Mr. Maples stated that rather then paying the required parkland fees the developer in exchange would like to provide the community with a linear hike and bike trail along the south side of the creek. Mr. Maples then assured City Council and Planning and Zoning that staff will be monitoring this exchange throughout the development. He stated that the streets would also be private streets. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST John Taylor, 1625 Corniche St, League City, Texas, stated that he is the agent for the project, and also one of the development partners. He stated that he has worked on several communities and enjoys working with the City. He stated that this is a wonderful piece of property and they have worked closely with staff and they are particularly sensitive the subdivision of Shadycrest. He stated that they have enclosed the subdivision off so that there will be no streets going into Shadycrest, and that would like to have a "boulevard" as the main entrance. He stated that they have created unique villages, lakes, walking trails, and the community will be heavily landscaped. He stated that they will be making a public walkway along Mary's Creek. He closed by stating that he would be glad to answer any questions. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Patty Boyles, 4016 Shadycrest, Pearland, Texas, stated that she very much appreciates the hard-working plan and the fact that they will not be opening the two streets into her subdivision. She stated that 75% of the time that area is wet and swampy. She stated that her concern is the drainage issue. She pointed out that there is a ditch back there now, and parts of the street drains into the ditch and part of the street drain into Pearland Parkway. She then asked that City Council, Planning & Zoning, and Staff to please address the drainage issue, and she does not want her subdivision to end up like South Corrigan. Elizabeth Dibley, 2310 Mary's Creek Ct, Pearland, Texas, stated that Master Plan sounds wonderful, and they would like the Master Planned Community to allow for the individual look. She stated that she would like to see some more "individuality". Eugene Karstedt, 4006 Shadycrest Dr, Pearland, Texas, stated that he would be all for the request except for the fact that its "R-2", and he would like to see larger size lots because of the flooding problem. Richard Szopski, 2107 W. Mary's Creek Dr, Pearland, Texas, stated that he has been in Pearland for over 30 years, and he is along the banks of Mary's Creek. He [: RM then stated that he hates to see this kind of stuff happening to the City. He then explained that this is the last piece of wooded property in the inner city. He then stated that he is against the development and he would not like to see anything any less then an "R-1", and then suggested that the developer change the lots to "R -E". Raska Alfonse, 2107 Sprite Ln, Pearland, TX, asked how much out of the 124 acres has been designated as "wetlands". He stated that there is water there almost year round and when they do build the lakes, where do they plan to divert the water. He stated that Shadycrest already has a problem. He then stated that if they divert the water to where his water is supposed to drain, then where would his water go. He stated that he is O.K. with the subdivision itself, however, has the City studied feasibility or drainage? Mayor Reid stated that he would like to read into record that he received 2 public comment forms from Gene E. Sanders, 2405 Parkview Dr, and Richard and Barbara Szopski, 2107 West Mary's Creek. V. COUNCIUPLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Wilkins asked staff about the drainage situation. P&Z Commissioner Selemon asked how the general public would gain access to the park. John Taylor, stated that he has discussed this issue with the Parks Board and the Planning and Zoning Commission, and rather then paying the required parkland fees they would build as much of the walking trail as possible, and they would like to build a pathway and a footbridge over the drainage area that would lead into the existing park. He then stated that they would also like to bridge the other side where Mary Creek runs if there is enough money. He then stated that there would be no problem with the City using the southeast strip along the detention to add on the trail. He then stated that he would like to address the issue of drainage and stated that they have previously done several communities. He stated that if there is currently a drainage problem then he feels that at the worst this proposed community is going to actually help that problem. He stated that the requirement is that he drains every bit of the water from his subdivision and be able to funnel it into Mary's Creek. He stated that no impact of water from his subdivision would go into Shadycrest. He stated that the two large lakes in his area will be for detention and will store any rain water. He stated that there will actually be a gated system so that when Mary's Creek is high, they will store the rain water in the lakes until it drops down. Council Member Beckman asked if any of wetlands, and Mr. Taylor replied that there wetlands, and they have had very extensive mitigation permit. 7 the property has been identified as has been some land designated as studies done and they will have a Council Member Marcott stated that the map dated January 22, 2001 is completely out of date and that it does not show a subdivision being put in across the street and does not show other subdivisions listed in the area. He stated that if they are going to receive a document that is representative of this time then it needs to be more current. He stated that he also read that the Home Owners will be maintaining the detention area. He then advised that they work with the Brazoria Drainage District #4 because these detention ponds are not taken care of and they need to be because they will not do the job unless they are maintained. Interim City Manager Alan Mueller stated that the Brazoria Drainage District #4 would be taking the dry bottom. P&Z Commissioner Patro stated that he still has concerns about a secondary means of a 911 gate that was discussed in their last meeting and the issue still has not been addressed. He stated that without them what the developer has done is created cul-de-sacs that are longer then what the city would like to provide. Interim City Manager Mueller stated that having a "boulevarded" entry will take care of what the fire department needs for access. He stated that he appreciated Mr. Patro's point. He stated that the applicants are also aware of what happened with the Oakbrook PUD on the other side of Shadycrest and the concerns of the residents as far as not cutting the streets through, and that's why the developers have made this particular proposition. Mayor Reid assured the public that the City Engineer would look very carefully into the site and detention issues. He also pointed out about the careful metering of the drainage into Mary's Creek when the creek is down so there won't be any additional flooding into Mary's Creek. Council Member Marcott asked how many acres of detention there would be, and Mr. Taylor replied that there would be 10.9 acres. P&Z Commissioner Patro asked with the recent agreement between the City and the Brazoria Drainage District #4, would the Brazoria Drainage District #4 have any input on this. City Engineer Hargrove stated that from his understanding under their rules and regulations require their approval. Interim City Manager Mueller stated that they will comment on all the reviewing of the plats, and they will have approval on the drainage plan in addition to the City's approval. Council Member Owens stated that from looking at the plat where it shows Mary's Creek and behind it is offset with an easement. He then asked if the walk trail is going to be in between the drainage easement. Interim City Manager Mueller stated that the trail easement will overlay with the drainage easement along the creek. N Council Member Owens then asked if there would be access for the Brazoria Drainage District and their equipment, and Mr. Mueller assured him that the trail will be built as far to the outside of the easement as possible. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:40 p.m. ZONING APPLICATION NO. 973 CALL TO ORDER The Joint Public Hearing was called to order at 7:41 p.m. PURPOSE OF HEARING Request of owners for an amendment Development Ordinance of said City Development District (SD) to Single Family following described property, to wit: Zoning Application No. 973 to the Land Use and Urban from classification Suburban Dwelling District (R-1) on the Legal Description: 5 acres, being the South % of Lot 50, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R. R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat thereof appearing in Vol. 2, pg 23-24, plat records of Brazoria Co., TX (1738 Stone Road (old address: 13418 Stone Road)) Owner: Mario Victorino & Ana Liza Juguilon 1738 Stone Road Peariand, TX 77581 The purpose of the public hearing was read into the record by P8Z Chairman Charles Viktorin. Manager of Administrative Support Tobin Maples, AICP, presented the location of the proposed zone change by showing slides of the property and gave a brief description of the surrounding properties. He stated that staff sent out 22 public comment forms and the request does comply with the Comprehensive Plan. Mr. Maples then stated that the "R -E" would have worked but the applicant chose "R-1". PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE 0 H: IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCILIPLANNING COMMISSIONISTAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Marcott asked if this property is south of McHard Rd, and Manager of Administrative Support Tobin Maples replied that the property is south of McHard Rd. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:47 p.m. ZONING APPLICATION NOS. 972 & 974 1. CALL TO ORDER The Joint Public Hearing was called to order at 7:48 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 Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R -E) on the following described property, to wit: 1. Zoning Application No. 972 Legal Description: Tract 4, out of and a part of Commercial Reserve, Block 2, West Lea Subdivision, Section 1, as per the map or plat thereof as recorded in Vol. 10, pg 19, Brazoria Co. plat records, Brazoria Co., TX (Manvel Road) Owner: Juan Herrera 506 Manor Houston, TX 2. Zoning Application No. 974 Legal Description: A 5.364 acre tract located in Lot 11, H. T. & B. R. R. Co. survey, Section 14, A-509, Brazoria Co., TX (5509 Bailey Road) 10 Owner: Ken & Patricia Smith 4016 Hazelwood Drive Pearland, TX 77584 The purpose of the public hearing was read into the record by P&Z Chairman Charles Vildorin. Manager of Administrative Support Tobin Maples, AICP, presented the location of the proposed zone change by showing slides of the property and gave a brief description of the surrounding properties. He stated that staff sent out 9 public comment forms to surrounding property owners of application no. 972, and 11 property owners of application no. 974. He stated that the request does comply with the Comprehensive Plan. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Marcott commended the "R -E" zoning classification. ADJOURNMENT The Joint Public Hearing adjourned at 7:54 p.m. respectfully Secretary Minutes approved as submitted and/or corrected this 26 day of March AD, 2001 Tom Reid, Mayor 11