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2001-07-09 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES269 MINUTES — JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, HELD MONDAY, JULY 9, 2001, AT 6:30 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at 6:33 PM with the following present: Mayor Tom Reid Mayor Pro -Tem Larry Marcott Council Member Klaus Seeger Council Member Larry Wilkins Chairperson Charles Viktorin Vice -Chairperson Donald Glenn Commissioner Todd locco Commissioner Robert Scherrer Commissioner Russ Selemon Executive Director of Community Services Tobin Maples City Attorney Darrin Coker Secretary Mona Ann Phipps II. PURPOSE OF HEARING -Zoning Application No. 979 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 Mobile Home District Planned Unit Development (MH PUD) in the following described property, to wit: Legal Description: Lot 15, H.T. & B.R.R. Co. survey, Section 6, A-544 Brazoria Co., TX, according to the map or plat thereof recorded in Vol. 136, pg 501, deed records of Brazoria Co., TX (13260 Hatfield) Owner: Douglas Wayne Stahlheber 13811 Eiker Road Pearland, TX 77581: Planning and Zoning Chairperson Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples showed slides of the subject property and those surrounding it. He stated that this request is not in compliance with the Comprehensive Plan, however, this property was previously used as a Mobile Home park. 270 III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Michael O'Day, 2357 Garden Road, explained that he is one of the property owners. He showed a proposed site plan. He stated that it will have a gated entrance with a small building for the children to catch the bus. He added that each home will be skirted and have front and back porches. Mr. O'Day stated that each home will also have two car covered parking, storage and landscaping. He explained that each lot will be a minimum of five thousand square feet. He added that this will be an older retirement type community. He also stated that each home will pay fifteen hundred to seventeen hundred dollars per year in taxes. Matthew Cornhauser, Attorney at Law representing Mr. Stahlheber, explained that there has been a lot of mis-information about this project. He stated that their concern is that this proposal be considered fairly. Mr. Cornhauser explained that in the Spring of 2000 his clients became interested in the project and consulted the City. He stated that they received letters from the previous owners dated June 29, 1989, stating that the mobile home park was grandfathered. He stated that they also received a letter from Gene Tumlinson stating that they could have twenty-one (21) mobile home spaces. He presented copies of these letters. Mr. Cornhauser explained that his clients would not have pursued this project had they not received these letters from City officials. He stated that in September, 2000, they began the fifty -thousand dollar ($50,000) sewer project which was approved by City Engineer John Hargrove. Mr. Cornhauser stated that permits were issued on December 4m and 51h, 2000, to allow a mobile home to be moved into the park. He explained that in January, 2000, his client received a call from the City Attorney telling them to wait before adding more trailers. He stated that shortly after this, City Council revoked the permits. He also stated that he has letters from the City Attorney stating that the mobile home park was never abandoned. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Joanne Parisher, 1453 Hatfield Road, explained that they have fought this zone change four (4) times since the property was annexed in 1983. She stated that this request has been denied every time. She also stated that the property has been zoned R-2 since it was annexed. Ms. Parisher explained that the there are homes on all sides of this project, except to the back of the property it is undeveloped. She showed an aerial photograph of the property taken in the Summer of 1998, which showed five empty mobile home spaces. She stated that no mobile homes were moved onto this property from this time forward except for three (3) mobile homes that were pulled into the driveway when the Dixons purchased the property. She explained that Gene Tumlinson stated that they could store anything that they wanted on the property. Ms. Parisher stated that she and her neighbors contacted the City Attorney to inform him that they were not in compliance with zoning. She explained that they then hired an 7 27I attorney and got his opinion. She expressed concern about the narrow street and the additional traffic that this project would add. Andy Hemphill, 1420 Hatfield Road, explained that he spoke to the head of the Permit Department prior to purchasing his property. He stated that he was told that the existing mobile home would be moved off and could not be replaced. He urged City Council to pass a five (5) year no vote rule because the owners repeatedly ask for mobile home zoning. He stated that the last mobile home was moved out in 1998, therefore, the grandfather has expired. Albert Perez, 13322 Hatfield Road, stated that he strongly opposes the change. He stated that the developers asked Ms. Parisher and himself, and they stated that they were opposed to a mobile home park. He expressed concerns about the traffic and the children. Kathy Ruff, 3117 Maryfield Lane, spoke for her parents who live at 1318 Hatfield Road. She urged the Council to pass a five (5) year no vote rule. She showed photographs of the property with overgrown weeds and trash. She stated that in the last six (6) months, the police have made calls to the park. She expressed concerns for the traffic and the affects on the utilities. She submitted a petition with one hundred twenty (120) signatures against the request. She also expressed concerns for the noise, the street width and steep ditches. Mike Castleberry, 5609 Megan, explained that this project would be harmful to the surrounding property values. He expressed concern with the school tax burden and the traffic. He reminded Council that they had denied a zone change for townhomes, therefore, they should deny the mobile home park. He stated that each mobile homes does not pay taxes, only the property owners. Mary Ellen Perez, 13322 Hatfield Road, stated that a mobile home park will devalue their properties. She asked what the cost of this project would be for the City of Pearland. She reiterated the concerns with additional traffic on this narrow road. She urged the Council to pass a five (5) year no vote rule. She also stated that Pearland does not owe the developer anything. Ms. Perez submitted a letter from Mr. Hallmark also protesting the zone change request. John Watts, 1502 Silver Maple Lane, explained that he represents the citizens. He stated that the City should stick to the Comprehensive Plan with primarily low density residential uses. He expressed concern for property values. He also stated that the property taxes will not support the number of dwelling units they are proposing. He added that they would not be paying school taxes either. Willard O'Keefe, 1431 Hatfield Road, explained that he voted in favor of a zone change request for this property in 1999. He stated that their proposed drawing showed a nice development, however the results from one mobile home have been negative. He also stated that the fifty -thousand dollars ($50,000) that the developer has spent, is minor compared to his investment. 3 272 Carol Shelby, 12826 Woody Road, stated that she is formally requesting a five (5) year no vote rule. She stated that the City needs more communication between departments. She suggested a waiting period prior to a permit being issued. She questioned whether the City can provide sewer, police and fire for this project. She also questioned whether the school district could afford additional children with no additional taxes. Bruce Spunley, 12703 Sunbrook, Brookside Village, explained that this request also affects Brookside Village. He stated that mobile homes being brought in through Brookside would create problems. He also stated that the City of Brookside doesn't need the additional traffic. He urged the Council to stick to the Comprehensive Plan. He added that if Council wants a mobile home park, they should find a place with adequate roads and open land. Wanda Castleberry, 5609 Megan, submitted a petition with eighty-three (83) names. She stated that this project would devalue properties and over burden the school district. She explained that Mr. O'Day said the mobile homes would pay fifteen hundred dollars ($1500) in taxes, however, her neighbors pay forty- five hundred dollars ($4500). She stated that there is a recorded plat, but the drainage issues are not being considered. Janice Gautney, 6450 Scott, explained that her son has a mobile home on the property next to her home. She stated that they were told that he could not replace the mobile home if something were to happen to it. Robert Meitzen, 6402 Scott, stated that he opposed any high density in the area. He also stated that he supports the five (5) year no vote rule. He explained that he is aware that immigration has had problems with mobile home parks near them. Mr. Meitzen stated that he was on the notification list, however, he did not receive notice of this proposed zone change request. He also asked if there is a law that prohibits Council from answering questions during the public hearing. Mayor Tom Reid explained that item five (V.) on the agenda will allow them to answer questions. Olivia Garza, daughter of D. A. Fernandez, 13314 Hatfield Road, reiterated the need for the five (5) year no vote rule. She stated that the application seems to be incorrect because it shows the current use of the land as a mobile home park. She also stated that there is no agent listed on the application. Ms. Garza explained that there has never been a sign or phone number for a mobile home park. She stated that she did not receive a notice of the hearing. 13 273 Debbie Burleson, 1420 Hatfield, stated that her residence is next door, not vacant property. She also stated that half of the property has not been mowed in seventeen (17) years. She explained that she asked the new owners to clean the property up, but was told no. Ms. Burleson stated that this has never been a mobile home park. She stated that there were two trailers there which were rented by the week. She explained that the owner was in prison. She also stated that she has twelve (12) mobile home lots on her property that she could use if this project is considered grandfathered. She added that this would be a nightmare for surrounding residents and the police. Stan Bradley, 13522 Hatfield Road, stated that the area is zoned for single family residences and should remain as such. He submitted a public comment form. Kent Chauvin, 3311 Churchill, stated that he has helped Christian Helping Hands and the boy scouts deliver Christmas food boxes mostly to mobile home parks. He stated that mobile home parks deteriorate and become a burden. He expressed concern for property values and traffic. Joanne Parisher asked citizens in opposition to the request to stand. She urged Council to pass a five (5) year no vote rule. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid explained that state law requires that they receive testimony and then dialog under item five (V.) on the agenda. Council Member Klaus Seeger stated that Mr. O'Day quoted fifteen hundred (1500) to seventeen fifty (1750) per home in taxes with a total for the park of seventy thousand dollars ($70,000). He asked Mr. Stahlheber how this compares with the taxes on his existing park. Mr. Stahlheber stated that he pays property tax plus the individuals pay fifteen hundred (1500) to seventeen hundred (1700) in taxes on each home. He stated that those figures add up to approximately seventy thousand dollars ($70,000). Mr. Seeger also asked how they plan to incorporate detention and drainage for this project. Mr. O'Day explained that they currently have an engineer working on the drainage. Mr. Seeger also asked that the City Attorney address the question regarding the five (5) year no zone change rule. City Attorney Darrin Coker stated that the current Land Use Ordinance allows Council to dismiss a request with prejudice. He explained that by doing so, the request could not be resubmitted for one (1) year, however, there is nothing for five (5) years. Mayor Pro -Tem Larry Marcott stated that there was a question about who the owner of the property is. Mr. O'Day explained that Wayne Stahlheber and Mike O'Day are the owners. Mr. Marcott asked if they were OF[. Mr. O'Day answered yes. 274 IV. ADJOURNMENT The joint public hearing adjourned at 7:47 PM. These minutes respectfully submitted by: E124a Gzv� Q�� — Secretary, Mona Ann Phipps Minutes approved as submitted and/or corrected this 23 day of July 2001. \ Mayor, Tom Reid No