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2001-08-13 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES025 MINITES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD AUGUST 13, 2001, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE PEARLAND. TEXAS CALL TO ORDER The Joint Public Hearing was called to order at 6:34 P.M. with the following present: Mayor Mayor Pro -Tem Council Member Council Member Council Member Council Member P&Z Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger Richard Tetens Larry Wilkins H. Charles Viktorin Toddlocco Robert Scherrer Russ Selemon Also in Attendance: Executive Director of Community Services Tobin Maples, City Attorney Damn Coker, Deputy City Manager Alan Mueller, City Manager Bill Eisen, and P&Z Secretary Jennifer Gonzales, P&Z Vice -Chairman Donald Glenn was absent. SPECIFIC USE APPLICATION NO. 94 1. CALL TO ORDER The Joint Public Hearing was called to order at 6:35 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 Light Industrial District (M4) to Light Industrial District - Specific Use (M4(S)) for a Specific Use to allow chemical blending and packaging on the following described property, to wit: Specific Use Application No. 94 Legal Description: 17.6664 acres, H. T. & B. R.R. Co. survey, Section 11, A-239 and the A. C. H. & B. R.R. Co. survey, Section 2, A-147, described in deed recorded in 026 Vol. 1228, pg 894, deed records of Brazoria Co., TX (3807 Magnolia) Owner: Correia Holdings, Inc. P.O. Box 42242 Houston, TX 77242 Agent: Bernard A. Correia The purpose of the public hearing was read into the record by P&Z 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 they received one public comment form. Mr. Maples stated that the request is compliant with the Comprehensive Plan, and then explained that staff met with the owners about a year ago in a Pre -Development Meeting. Mr. Maples then explained that since the creation of the Comprehensive Plan, anything having to do with chemical blending now requires a specific use permit and that is why this has been application has been brought forward. She stated that staff recommends approval. Mike Chance, Executive Director of Pearland's Economic Development Corporation, gave a brief history of how EDC has been working with this company since December 8, 1998. He stated that the plant is currently is Houston and is looking to expand. Mr. Chance stated that after the meeting with company everything was put on hold because the company wanted to see what was going to happen with the Magnolia Overpass situation. He stated that the company was zoned properly before the creation of the Comprehensive Plan. He pointed out that EDC issued a grant to bring the company to Pearland, and he pointed out that the company would profit % of million dollars. He stated the company is very small compared to other chemical companies, and that it would be a 30,000 square foot building. He stated that it would be a very clean operation and safety conscious. He finished by stating that Larry Steed, the Fire Marshall, and other staff members have been to the facility. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Bernard A. Correia, President of Correia Holdings, Inc., 2607 Heatherbend Ln, Pearland, TX, stated that he has met with PEDC, and he knows that there has been city officials visit the facility, and the company did receive a grant from PEDC. Mr. Correia explained that the company is currently on a lease property in Houston and sometime over the next five years the owner will be selling off the property. He stated the company sells products to Baker Hughes and other large 2 027 companies and the company will bring a lot of money to Pearland. He stated that he is a resident of Pearland and his son goes to Pearland schools. Patrick Stair, Office Manager of Crest Chemicals, 2014 Loop Point, Clear Lake Shores, stated that his company would make good neighbors with Pearland. He stated that they are currently two miles west of the Galleria, and to the east of them is apartments and there is another apartment complex on the other side and the next block over is a high school. He pointed that in 27 years there has never been a complaint filed. He stated that they are not a "risky business" and they would not threaten the health of the neighbors of Pearland. He stated that they had their zoning approved 7 to 0 on September 30, 1999. He then asked the citizens to put more confidence in their city officials. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Carlos Reyes, 3912 Spring River Dr, Pearland, TX congratulated the previous speakers on their success, however he wants to bring to City Council's attention that he could only get limited information from the company of Crest Products regarding their products. Mr. Reyes gave a lengthy description of some of the chemicals involved and their danger. He stated that the company would be within 10 miles of a school, and a nearby company will be a manufacturing company that does welding. He finished by stating all the success in the world for this company would not make him feel safe. Meta Kirby, 17020 Bery Rd, Pearland, TX, stated that she feels like this is another ChemCentral" issue, and she thought the people of Pearland made it very clear that they didn't want any more chemical plants. She briefly described chemicals that would be dangerous. She also stated that there are schools that are located too close to this area. She pointed out that Magnolia currently has a major school bus route, and she stated that there would be 2-3 18 -wheelers between the hours of 2:00 p.m. — 4:00 p.m. She finished by asking City Council to please deny the application. Christopher Heitman, 3209 Hamm Rd, Pearland, TX stated that he is against the request. He stated that he also thought the citizens made it clear when Chemcentral tried to come to Pearland. He stated that this plant would be within '/2 of a mile of four residential subdivisions, and within one mile of a school. He briefly went over a list of chemicals that could be harmful. He stated that if an accident were to happen, the residents would have 6 minutes to evacuate their homes. He respectfully asked City Council to deny the application. Don Laws, 3904 Fernwood, Pearland, TX, stated that he is a resident of Westwood Village and he does not want any chemical plants coming to Pearland. He stated that it should not come to this, where he has to come and appear and speak about it. He stated that he and his children are always outside J M in the front yard. He started that there is too much at stake to put a plant in this area. Charles McMurrey, 5209 Spring Branch, Pearland, TX stated that he is against the specific use, and he did not move to Pearland for the "low tax rate". He stated that the Pearland Economic Development Corporation was created to help lower the tax rate, and he stated that if he wanted a lower tax rate he would hold his breath and move to Pasadena or any other place. He stated that the PEDC should be given instruction by City Council as to what type of businesses need to be brought in to Pearland. Mr. McMurrey directed to PEDC that this is not funny. He showed concern regarding who is going to enforce this specific use, and asked City Council to deny this permit. Donn Liddle, 4012 Hazelwood Dr, Pearland, TX, stated that he is a little upset to see this specific use come to City Council because he thought the citizens made it clear that they didn't want any more plants. He stated that he works for Johnson Space Center and he could live in Clear Lake, Pasadena, or Webster, but he does not. He stated that he chose to live here in Pearland, and he wantE his kids to breathe clean air. He stated that he hopes City Council rejects this application. Gary Snowden, 4503 Stonebridge, Pearland, TX, stated that he has lived here for three years and he really enjoys the area. He stated that it only takes one incident to ruin their perfect track record. He stated that there has to be a better selection of places to put this plant. Mark Lejune, 3912 Greenwood, Pearland, TX, stated that he came to Pearland in 1993. He stated that he has worked at Liondale before, and he moved away from that area for same reason (his kids). He stated that if this application is passed then it would start a "sno-ball" effect, and he asked City Council to deny the application. David Ransom, 3502 Yellowstone Circle, Pearland, TX, stated that he appreciates,all the work PEDC and the City's staff has done. He stated that maybe the city staff if right about this company, but he does not want to take the chance. He stated that they don't want this plant in Pearland, and they don't want to live next to either. Meta Kirby, 17020 Bery, Pearland, TX, stated that she has one more comment. She then asked all the people to stand who do not want this plant to come to Pearland. Monica Daily, 1156 Stone Rd, Pearland, TX, stated that she has background in Chemical Engineering. She stated that the reason she lives in Pearland and not Deer Park is also because of her kids. She stated that it only takes one incident. She pleaded for City Council to not bring any chemical plants to Pearland and [d 0�-4 pointed out all the people who work in Deer Park or Pasadena, but they choose to live here. John Kube, 5206 Spring Branch, Pearland, TX, stated that he has one question and asked if staff has done any disaster planning for this. David Norris, 4016 Fernwood, Pearland, TX, asked what would happen to the tax base and he showed concern about the property values of their homes if something like this is put on the property. V. COUNCIUPLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Mayor Reid apologized for not answering the citizens when they asked the questions, and explained that they are not allowed to dialogue with the citizens under that agenda item. Council Member Wilkins asked what kind of effect this would have on the citizens property value, and City Manager William Eisen stated the assessed value is determined by the sale of properties within the area, however it is hard to speculate at this time what will happen. Council Member Wilkins then asked if the city has any kind of disaster plan, and Fire Marshall Larry Steed replied that there are obviously plans in place. Mr. Steed stated that the fire department responded very well to the explosion that occurred in 1990. Mr. Steed stated that he ha visited the company. Council Member Seeger stated that they do not have very much information. He stated that he would like to know information such as, will this require a flare, what kind of quantities will be involved, and what kind of structures will be needed (i.e., tanks). Council Member Owens asked how long the company has been in business, and the owner replied 27 years. Mr. Owens then asked if there have been any complaints from TNRCC, and the owner replied they never have. The owner stated that they blend in small quantities and they manufacture paint stripers that are used on aircraft. Executive Director of Community Services Tobin Maples stated that there were several comments made by citizens regarding the "Chemcentral" issue. Mr. Maples explained that the city has ordinances to follow, and they cannot keep anyone from requesting any speck uses, therefore this issue could come up over and over again. He explained that they have the right to apply for any specific use and the City is required by law to process the application and ifs up to City Council to make the final decision. k, 030 VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:20 P.M. ZONING APPLICATION NO. 986 CALL TO ORDER The Joint Public Hearing was called to order at 7:25 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 District (SD) to Mobile Home Park District (MH) on the following described property, to wit: Zone Change Application No. 985 Legal Description: Lot 2, Allison Richey Gulf Coast Home Co. Subdivision, Section 10, H. T. & B. R. R. Co. survey, A-505, said lot containing 10 acres, more or less, more fully described in Deed to I.L. Mewlin, recorded in Volume 116, pg 111, deed records of Brazoria Co., TX (1445 Stone Road) Owner: Kerry and Evelyn White 2423 Green Tee Pearland, TX 77581 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 the owner would like to move in two additional mobile homes. He stated that there are currently two mobile homes on the property and a garage. He stated that the property was annexed into the City as Suburban Development. Mr. Maples then 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 Public Comment Forms went to eight property owners and they did not receive any back. He stated that the request is not in compliant with the Comprehensive Plan, which calls for low-density zoning. He stated that staff recommends denial. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST i. 031 Kerry White, 2423 Green Tee Dr, Pearland, TX, stated that had bought the property to build a shop, and his brother and mother-in-law moved there in 1988. He stated that he would like to move his mother in a mobile home and his son in another mobile home. He explained that his son would be the caretaker for the two grandmothers. He stated that the property would look more maintained then it is now. He stated that he would not be rent out the other lots of what was once called Stone Road Trailer Park. He stated that he would sign any kind of agreement with the City, and he understands how people feel about mobile homes. He stated that he doesn't know why staff is recommending denial, and showed a poster with a drawing on it showing where the mobile homes would be placed. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Byron Sutherland, 2458 Country Club Dr, Pearland, TX, stated that he owns the property to the north of the request, and some on Stone Road that goes back to the creek. Mr. Sutherland then told a true story of when he and his family lived on Stone Road back in 1978. He went on to explain that his family was awaken at 3:00 a.m. by a loud roar, and their house shook violently, and it turned out to be a gas line explosion. He stated that the roar was heard over 20 miles away, and a pilot saw the light over 200 miles away. He stated that several people were badly burned and there was panic everywhere. He stated that 5 people were killed, 50 people were injured, and out of 20 trailers 12 of them were incinerated. He stated that Brazoria County assured them that there would never be any trailers allowed in that place again. He asked City Council to respectfully deny the request. Steve Bower, 7002 Brookside Rd, Pearland, TX, stated that his son and wife live on Stone Road and he has never even seen the property ever well maintained. He asked City Council to please deny the request and not to allow any more trailers in that place because it would be too dangerous. Cathy Ruff, 3117 Maryfield, Pearland, TX, stated that she has come to ask City Council to deny the MH park permit. She stated that the master plan does not include any mobile home in the City of Pearland, and she is asking them to stick with the plan, so that she doesn't have to coming month after month to these meeting. Juanita Sutherland, 2458 Country Club Dr, Pearland, TX, stated that she owns land near the requested property and she is against the zone change. She pointed out that if it is zoned for Mobile Home zoning then in the future it could turn into a mobile home park. She stated that she loves the land out there now. Suzanne Danz, 1357 Stone Rd, Pearland, TX, stated that there is currently two mobile homes owned by the same owner and he would now like to move two more mobile homes. Mrs. Danz stated that this would be a step in the wrong 7 032 direction and could be used as a guideline for future development of the land. She stated that the surrounding homeowners would like to see this area improved and upgraded. She stated that the owner lives too far away to oversee the maintenance, because only the area right around the two mobile homes is mowed and the rest of the ten acres is not mowed. She stated that there is a large metal object in the middle of the property that is the size of a boxcar and there are cows on part of the property. She stated that out of 46 businesses and homes there are only a few properties that are not maintained and they were shown on the slides tonight, and they cause the whole street to look bad. She asked that the request be denied. Pat Pounds, 8518 Hawk Rd, Pearland, TX, stated she has 3.75 acres on the corner and several acres on Hawk, and has lived there since 1972. She stated that her mom is 75, and she has twelve grandchildren, and two great grandchildren. She stated that she could also move in mobile homes for her family, but she wouldn't. She stated that if this is allowed, then there will be hundreds of requests trying to get the same zoning, therefore she requests denial. Russell Norris, 1310 Stone Rd, Pearland, TX, stated that he has been there for 15 years and he is against this project. He stated that they have a very nice neighborhood and it is improving every day, and even the lazy ones are cleaning up their property. He thinks this will deteriorate their neighborhood and he is against the request. Walter Pasciak, 7705 Brookside, Pearland, TX, stated that he is against the request and he will ask again what the easement is for the gas line on that property. He stated that he thinks the trailers that are already there are illegal and they are too close to the existing gas lines. He stated that he feels like if you're not living there you're not going to take care of it. He stated that it is a place for rodents and mosquitoes and the area is harmful to their health, and the owner doesn't care because he doesn't live there. Mark Broussard, 2705 West Oaks Blvd, Pearland, TX, stated that he has been hearing a lof about zone changes, including mobile home zone changes. He stated that he hears a lot about the people, how nice they are and how nice of a project they are going to do, however that is not what the issue is. He stated that the issue is what is the City going to do about the integrity of the zoning within the city of Pearland. He showed concern about what will happen to these properties in the future. He stated that he may be naive, however he feels confidant that City Council Is going to protect the homeowners of the City. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support NONE n VI. ADJOURNMENT 033 The Joint Public Hearing adjourned at 7:55 p.m. ZONING APPLICATION NO. 984 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:55 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 District (SD) to Single Family Dwelling District (R3) on the following described property, to wit: Zone Change Application No. 984 Legal Description: 173.496 acres, H. T. & B. R.R. Co. survey, Section 81, A-300, being all of the SW 114 of said H. T. & B. R.R. Co. survey, Section 81, together with all of Lot 5, Allison Richey Gulf Coast Home Co. Subdivision, as recorded in Vol. 2, pg 98, map records of Brazoria Co., TX (Dallas Road (CR 59)) Owner: Larry Briggs 1330 Post Oak Blvd, Suite 1600 Houston, TX 77056 Agent: James Johnson of LinGo Properties, Inc. The purpose of the public hearing was read into the record by P&Z Chairman Charles Viktorin. Executive Director of Community Services Tobin Maples, stated that this is a 173.4 -acre project and the owner would like to change his request from Single Family Dwelling District (R-3) to Single Family Dwelling District (R-2). He explained that this is a more strenuous zoning, therefore not needing to re - advertise to the public. He 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 they sent out 19 Public Comment Forms and did not receive any back. Mr. Maples stated that the request is partially in compliance with the Comprehensive Plan and explained that there is a section that is "General Business", and staff recommends approval. 14 034 III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Bud Goza, owner of Lingo Properties, Inc., and developer of property of County Road 59. He stated that he is doing a project across the street, which is in Manvel ETJ, and it is called South Fork and he showed pictures of the projects entryway. He stated that this would be a first class type of subdivision. He stated that they are doing a large lot subdivision on Westfield called Westfield Estates, and they did Sunset Lakes on FM 518, and they are about to sell out on their new subdivision called South Hampton on Hughes Ranch Rd. He stated that they have been very successful with their projects and would appreciate City Councils consideration for this zone change. He stated they started with R-3 zoning and changed it to R-2 to comply with the Master Plan. He stated that there will be plenty of drainage and that the homes will range from$140,000 to $240,000. Peyton Martin, 718 Misty Creek, stated that he owns the property adjacent to the proposed development and he supports the request. He stated that he is currently working on development coordination for a commercial development along Kirby and Hway 288 and that fits in the Master Plan. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Carol Ritter, stated that she has lived in Pearland for over 30 years and she doesn't have an actual testimony. She stated that she is actually 360 years old due to the fact that she has lived through three 100 -year floods. She stated that the developer referred to plenty of drainage" and she is concerned about this. She stated that she thinks the City needs to re -think the Master Plan, the requirement for retention ponds for residential building, and an entire new engineering plan. Paul Jamison, stated that he doesn't have anything in particular of opposition to speak of. He stated that he would like to know what plans or consideration is there for the road infrastructure in the area and he pointed out that the current roads are basically trails. He stated that he has seen other developments that are stuck with a very small two-lane asphalt road. He stated that he is also concerned with the traffic that these developments will bring, and with access to Highway 288 (because of the high volume speed). He asked that the City take into consideration whether or not the developers will have participation with the road development. V. COUNCIUPLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Marcott stated that Mrs. Ritter and the fire chief had valid points about the road infrastructure and he thinks maybe this should be looked into Y 10 further. He stated that certainly there would be flooding and road problems. He also stated that he feels like EMS is going to be very busy over in that area and that is not something he would like to sign off on. Mayor Reid reminded the Council that engineering and planning department does require a Traffic Impact Analysis. Executive Director of Community Services Tobin Maples explained it is difficult to answer a lot of these questions because they are trying to put the cart before the horse. He reminded them that are just a zoning case, and if it is approved, then the developer will go out and spend money on hiring an engineer. He stated that a Traffic Impact Analysis will be required and that will detail not only the impact on their perimeter streets, but also the impact on surrounding streets as well. He stated that he couldn't answer what the developer's participation on the streets would be at this time because there has not been a study done. He reminded them that all the engineering, drainage and traffic problems would be addressed at the time of platting. Council Member Marcott stated that it is good that the developer changed their zoning from an R-3 to an R-2, however, he recommends that they go to an R-1 to keep it low density. Council Member Owens stated that he thinks that there plan for three new interchanges on Highway 288. Council Member Marcott stated that the City is going to be more concerned about what happens on Bailey Road then the others. Bud Goza stated that they already received a letter from TX DOT that states that they are already in the design stage that will be finished in the year of 2002 for the construction of an overpass at highway 59. He stated that in his plan he has Kirby Drive extended. Council Member Marcott stated that there will still be a heavy load trying to get straight out to Highway 288 and it could take a number of years for the overpass to be built, and Mr. Goza stated that the finish time for the actual construction is 2004. VI. ADJOURNMENT The Joint Public Hearing adjourned at 8:10 P.M. ZONING APPLICATION N0.988 1. CALL TO ORDER 11 035 036 The Joint Public Hearing was called to order at 8:11 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 Commercial District (C) and Heavy Industrial District (M-2) to Single Family Dwelling District (R-2) on the following described property, to wit: Zone Change Application No. 988 Legal Description: 80 acres out of the F. B. Drake Survey, A-508, Section 12, H. T. & B. R.R. Co. survey, City of Pearland, Brazoria Co., TX (Veterans Road @ Springfield Avenue) Owner: Mary F. Edwards 7412 Kelvin Houston, TX 77030 Agent: James Cornelius of Sowell & Co - The purpose of the public hearing was read into the record by P&Z Chairman Charles Viktorin. Executive Director of Community Services Tobin Maples, stated that the property is approximately 80 acres and the applicant is requesting Single Family Dwelling District (R-2) in order to re -develop the area into a residential neighborhood. Mr. Maples 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 they sent out Public Comment Forms to 29 property owners and did not receive any back. Mr. Maples stated that the Comprehensive Plan does recommend Industrial use and the back 40 acres is in a Foreign Trade Zone. Mike Chance, Executive Director of Pearland's EconomicDevelopment Corporation, showed a map that showed the Foreign Trade Zone. He explained that this property is zoned Commercial with Heavy Industrial on the backside. He stated that there is very limited space zoned Heavy Industrial an he would like for it to stay zoned M-2. He finished by stating if the city wants the Economic Development Corporation to continue lowering the tax base then they need to leave this zoning as it is. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Carlos Reyes, 3912 Spring River, Pearland, TX, asked for City Council to please accept this. He stated that he finds it encouraging that there is little M-1 and M-2 12 037 zoning available, especially near the schools. He stated that City Council is usually for residential zoning and requested that this request be accepted. Jamie Cornelius, 1601 Elm St, Suite 300, Dallas, TX, stated that they are requesting to change from Commercial District (C) and Heavy Industrial District (M-2) zoning to Single Family Dwelling District (R-2). He stated that they are going to build a quality subdivision of 275 homes on 70' lots. He stated that he would like to discuss two issues. He stated his first issue to be the planning and economical impact. He talked to Mr. Boecher to see if this violates any fundamentals, and Mr. Boecher stated that it does not. Mr. Cornelius pointed out that the past plans show this area as residential. He stated that he has met with the homeowners of Westwood Village and they consistently agreed about having a subdivision with the same size lots across the street from them instead of a manufacturing distribution facility. He stated that they would of course be adhering to all of the guidelines for detention. He stated that his last planning issue is that the detention will be on the east side and it will separate the subdivision from the railroad. He stated that his second issue is the economic impact. He stated that they are aware the PEDC offered their efforts to obtain the Foreign Trade Zone status, but it seems like that status should be reserved for land that best suits manufacturing distribution. He stated that he has spoken to Nancy Stephens of Freeport and learned that there is an abbreviated procedure for amending the boundaries of a Foreign Trade Zone, however it only takes six to eight weeks. He stated that the city could easily relocate this to an area that is more suitable. He then discussed tax ramifications and pointed out that the community would only get taxes from the manufacturing distribution facility, which is located on personal property and not the section that is located in the foreign trade zone. He stated that this community will create $42,000,000 in property values and an additional 7.7 million dollars in retail sales per year and the combined tax revenue of those two items is $385,000 per year, which will go to the City of Pearland. He stated that he could answer any questions, or Mr. Boescher of Vernon Henry and Associates, or Dwayne Barrett of Dodson Associates to answer any drainage questions. Mark Lejune, 3912 Greenwood, Pearland, TX, stated that he supports this development and he commended Mr. Cornelius on showing the economical impact. He stated that he hopes that City Council will approve it. Holly Penn, 3916 Cedarwood, Pearland, TX, stated that she moved here from the north side of town. She stated that she chose Peadand over League City or Friendswood. She stated that she is very much in favor of this request even though it would be a little more complicated getting on Veterans during school hours. Ronald Lott, 3901 Dogwood, Pearland, TX, stated that he would like to speak in favor of the request. He stated that he is new to Pearland and he finds the zoning confusing with the Master Plan allowing for a new school to be built 13 IWO (where his children will soon be going) in an area so heavily surrounded by industrial zoning. He stated that he is concerned about this factor. He also has two concerns to address. He stated that he lives in Westwood Village and was totally unaware if this change because of the 200 -foot buffer zone to notify residents of the zone change. He stated that the impact of the zoning change should have more then a 200 -foot buffer zone. He stated that his second concern is in terms of the Traffic Impact study. He stated that one thing to keep in mind is that while the school was being built, there was heavy equipment traveling to and from the site, which was putting holes in the roads and he thanked them very much for repairing the damage. Peter Boescher, 1010 Heimlich Lane, Bellaire, TX, stated he works for Vernon Henry & Associates who put together the Comprehensive Plan several years ago. He stated that he has also known the Edwards Family for several years and Mr. Cornelius has been a client of his firm for a number of years so he is caught in the middle of this request. He stated that the comments he has shared with Mr. Cornelius, he would like to expound on. He explained that one element was putting together this master plan and one thing they looked at was that your caught in an area with single family area on two sides and light industrial on two sides, which brought the question, "Where do you draw the line?" He went over the different options they could have went with when creating the Master Plan. He stated that the main reason it became what it did was due to the concerns of Glen Erwin, who was the director of the Economic Development Corporation, and his concerns for the need of more Industrial land. He pointed out that traffic was also a concern. He stated despite the variety of concerns the end result is what is seen on the Master Plan, however, there were various options discussed and alternatives looked at. He stated that another factor that single family dwelling would work here is the detention reasons, which Mr. Cornelius pointed out, and how the detention will be a buffer between the subdivision and the railroad. He stated that in the last twenty years there has not been a lot of rail served industrial use. He stated that there has been a demand for industrial use, however not for rail served industrial use. Dwayne Barrett, civil engineer for Dodson Associates stated that his firm specializes in Homeowner's drainage and they understand that drainage is a very significant factor. He stated that his company has been around for 7-8 years and they have been very successful. He stated that they are very careful not to have downstream flooding. He stated that his company would do the best to comply with the city ordinances for drainage. Derrick Bell, 4013 Cedarwood, Pearland, TX, asked why a school is being built right across the street from an industrial area. He then stated that he would never move to a subdivision where there is an industrial company being built across the street. 14 039 Don Laws, 3904 Fernwood, Pearland, TX, stated that they are about their children and another subdivision would not hurt them, however, Diesels would hurt them. He stated that he has spoken to Mr. Cornelius and 90% of his subdivision agrees. He stated that their property values will be the same across the street, and he pointed out that his taxes go up every year the maximum amount allowed. He finished by stating that he is for the request. Chris Heitman, 3209 Hamm Rd, Pearland, TX, stated that the residents of Pearland are just not enthused about Industrial zoning and he doesn't think that there needs to be Heavy Industrial zoning directly across from a residential subdivision. Howard Mayes, representative for Mrs. Edwards, stated that he has been representing Mrs. Edwards for a year. He stated that every since Mrs. Edwards has been trying to sell her property, they have yet to here from any Commercial or Industrial company wanting to buy her property. He stated that Mrs. Edwards wants to sell her property. Charles Mcmurrey, 5209 Spring Branch Dr, Pearland, TX, stated that is so much easier to follow that man when he's saying that he is representing the property owner in beseeching you to let him sell it residential then try to come up here and try to stop this heavy industrial that he didn't even know was right across the street from his house and from the high school. He stated that what is really eye opening is that the citizens are having to argue with city staff to protect their homes. He pointed out that when he was a kid and lived close to a railroad, his house shook so bad it put him to sleep. He pleaded for City Council to make this residential, and they are not interested in Industrial. Mona Phipps, 3908 Ashwood Dr, Pearland, TX, stated that she bought her home in March of this year. She stated that she didn't buy the house blindly because she processes these zoning applications, however, she did feel better about it because of the high school being built and also a zone change was approved earlier this year for residential development at the comer of Magnolia and Veterans. She pointed out the residential precedence that is being set in the area. She stated that the City should be careful about what they put by the schools. Suzanne Tullison, 4001 Cedarwood Dr, Pearland, TX, stated that she purchased her home in 1992 and she is very supportive of residential development. She stated that if she had known there was going to be an industrial complex there she never would have bought that house. Donn Liddle, 4012 Hazelwood Dr, Pearland, TX, stated that he would love to keep this a vacant field, however, he is not interested in Heavy Industrial zoning near his neighborhood. She stated that if they have to end up paying higher taxes just let him know how big of a check to write. He stated that he wonders 15 IKt who staff have contacted that would be interested in 200 acres. He stated that a 200 complex would have to be something that involves heavy trucks. He stated that the decision to keep this as a residential area was authorized several years ago when Westwood Village was built. He would like to echo the other voices in asking for a larger notification zone when it comes to regional zoning changes. He stated that he has been an alternate on the Zoning Board of Adjustments for the last year and a half and there were several people who came to the meetings stating, "... if I had only known." Jean Edwards, 2201 North Blvd, Houston, TX, stated that she grew up in the house out in the prairie everyone has been talking about. She pleaded with City Council to consider changing the zoning classification to residential. She stated that his mother has been trying to sell the property and she would like to keep the integrity of the neighborhood and she would not like to go industrial. She stated that he understands the fact that these people don't want 18 -wheelers going up and down their street. She stated that he supports the request. Christy Merritt, 3903 Dogwood Dr, Pearland, TX, stated that she is in support of everything that everyone has commented on. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Cathy Ruff, 3117 Maryfield Dr, Pearland, TX, stated that she is not opposed, however he has a question. She stated that she owns a farm down south of this property and they were talking about the drainage going south. She stated that she has spoken to the drainage commissioner and he did say that it would go over the tracks or under the tracks to get to Highway 35. She stated that during the last flood, by 6:00 that evening there was 7 inches of water on her land. She is wondering where does the drainage go. She also knows that where the new school is going there was a drainage pond that stayed full for a whole week. She stated that she does not understand the whole concept of drainage. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Mayor Reid commented that there are a number of Public Hearings held on zoning and a number of workshops held as well. He stated that he is aware that it is hard to communicate in the City of Pearland, however, they are doing the best they can. He stated that they try to post as much information as possible. He asked if the City Engineer could comment on the question regarding the drainage. City Engineer Hargrove stated that the drainage would go under the railroad. Council Member Marcott stated that he would like to comment on the question on the 200 foot radius for the zoning notifications, which he also had complaints on 16 before he became a Council Member, and one of the things being done is that signs will be put up, and he asked Mr. Maples the status. Mr. Maples replied that there are taking bids on the signs. Council Member Marcott then made a comment regarding why the City put an Industrial Site near the school, and he pointed out that the school was built after the property was zoned and the City has no control over where the school district buys property and builds their schools. Council Member Tetens stated that City Council needs to really look at this area and change the Comprehensive Plan. Council Member Marcott pointed out that two areas were recently turned down for residential in this area. Council Member Wilkins thanked Mr. Liddle for his comments and stated that it is nice that the majority of Pearland doesn't mind paying taxes to keep Pearland safe. Council Member Seeger stated that he has a question regarding the "green area" and asked if there are any plans to buy that property, and Mr. Cornelius stated that he plans to purchase that property as well and he pointed out that the detention pond would be there because that is the direction that the water flows. Council Member Owens stated that he appreciates the fact that Mrs. Edwards is holding the property for residential use when she could probably get five times the amount for Commercial use. VI. ADJOURNMENT The Joint Public Hearing adjourned at 9:10 p.m. ZONING APPLICATION NO. 987 I. CALL TO ORDER The Joint Public Hearing was called to order at 9:12 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 Single Family Dwelling District (R-2) on the following described property, to wit: Zone Change Application No. 987 17 041 IV. V 04? Legal Description: 49.85 acres, consisting of 29.12 acres in Lot 126 and 7.46 acres in Lot 121, both located in A-147, A. C. H. & B. Survey; and 13.27 acres located in Tracts 1A & 1B, A-399, T.D. Yocum Survey, Brazoria Co., TX (John Lizer Road) Owner: Amvest Properties, Inc. 7676 Woodway, Ste 238 Houston, TX 77063 Agent: Ken Caffey 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 the owner is proposing to zone 49.85 acres and would like to build a single family dwelling subdivision. Mr. Maples then 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 request is in compliant with the Comprehensive Plan and staff recommends approval. PERSONS WISHING TO SPEAK FOR THE PROPSED REQUEST Clinton Wong, 7676 Woodway, Suite 238, Houston, TX, stated that he has discussed with staff what the more appropriate zoning would be. He gave a brief description of the surrounding areas and explained that he is applying for Single Family Dwelling (R-2). He asked for City Council to please give their consideration. He finished by stating that he would try to save as many trees as possible. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Cathy Ruff, 3117 Maryfield, Pearland, TX, stated that she would like to know approximately how many homes will be built and their dollar value. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Clinton Wong stated that there would be approximately 160 homes and they would be at least $150,000. Council Member Marcott stated that he would like to see it changed to Single Family Dwelling (R-1) because of the drainage and the flooding of Mary's Creek. He would support an R-1 request. 94 VI. ADJOURNMENT 04 The Joint Public Hearing adjourned at 9:20 p.m. ZONING APPLICATION NOS. 982 AND 983 I. CALL TO ORDER The Joint Public Hearing was called to order at 9:21 p.m. If. 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 Single Family Dwelling District (R-1) on the following described property, to wit: 1. Zone Change Application No. 982 Legal Description: Lot 18, Garden Acres, Section 3, as recorded in Vol. 10, pg 77, of the plat records of Brazoria Co., TX (2632 O'Day Road) Owner: R. West Development Co., Inc. 6302 Broadway, Ste 250 Pearland, TX 77581 Agent: Bruce A. Coligan 2. Zone Change Application No. 983 Legal Description: 3.030 acres in Lot 11, H. T. & B. R.R. Co. survey, Section 14, A- 509, Brazoria Co., TX (Bailey Road) Owner: Anthony and Donna Spriggins 3915 Beechwood Drive 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, 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 Public Comment 19 044 IV. V. VI. Forms went to eleven property owners and they did not receive any back. He stated that the request is in compliant with the Comprehensive Plan and staff recommends approval. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Donna Spriggins, 3915 Beechwood, Pearland, TX, stated that she is the applicant for zoning application no. 983 and she asked City Council to approve the request and showed pictures of the lot and the home she plans to build. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support ADJOURNMENT The Joint Public Hearing adjourned at 9:30 p.m. respectfully s#mitted by: & Z60ing Secretary V Minutes approved as submitted and/or corrected this to day of September ,2001, AD Tom Reid, Mayor 20