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2001-09-10 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES115 MINITES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD SEPTEMBER 10, 2001, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The Joint Public Hearing was called to order at 6:43 P.M. with the following present: Mayor Mayor Pro -Tem Council Member Council Member Council Member P&Z Chairman P&Z Vice -Chairman P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger Richard Tetens H. Charles Viktorin Donald Glenn Todd locco Russ Selemon Also in Attendance: Executive Director of Community Services Tobin Maples, City Attorney Darrin Coker, Deputy City Manager Alan Mueller, City Manager Bill Eisen, and P&Z Secretary Jennifer Gonzales. P&Z Commissioner Robert Scherrer.was absent. ZONING APPLICATION NO. 993 1. CALL TO ORDER The meeting was called to order at 6:45 p.m. IL PURPOSE OF HEARING Request of owners for an amendment Development Ordinance of said City Development District (SD) to General following described property, to wit Zone Change Application No. 993 to the Land Use and Urban from classification Suburban Business District (GB) on the Legal Description: Lot 47 & 48, Allison Richey Gulf Coast Home Co. Subdivision, Section 20, A- 506, according to Vol. 2, pg 23, Brazona Co., TX (Cullen Boulevard @ Hawk Road) Owner: Dominic Tuc Vu 8866 Gulf Freeway, Ste 102 116 Houston, TX 77017 The purpose of the public hearing was read into the record by P&Z Chairman Charles Viktorin. Executive Director of Community Services Tobin Maples, AICP, presented the location of the proposed zone change by a giving a Power point presentation and showing pictures of the property and the surrounding properties with a brief description of each property. He stated that they sent out 16 Public Comment Forms and they received one back. Mr. Maples stated that the request is not compliant with the Comprehensive Plan therefore staff is recommending denial. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST David Willis, attorney, 440 Louisiana, Suite 900, Houston, TX 77002 stated that he appreciates staff report, however he noticed that they did not show a picture of the Allison Plant which is directly east of the property, and directly south is a warehouse, which is not consistent with the Comprehensive Plan. He stated that he is there to answer any questions they may have and at the present time they don't have any permanent or drawn up plans. Brent Durrett, 6120 Brookside, Pearland, TX, stated that he is the owner of two 10 -acre tracts on Cullen Blvd. He stated that he doesn't know what the plans are for Cullen and he has had zoning declined three times now. He stated that they did appoint a Committee for the revision of the Comprehensive Plan and he still does not know the status. He stated that something does need to be done about this. He stated that he is confused about what the City wants to do and now this applicant is requesting "General Business" and that is the lowest you can go. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Pat Pounds, 8518 Hawk Meadows, stated that she has a map that was prepared by her seven-year old grandson that has "R-1" on the corner. She stated that the unidentified warehouse belongs to her and it is a very silent business that was grandfathered into the city limits. Mrs. Pounds read a letter. She stated that she is a member of the Cullen Blvd Steering Committee. She pointed out that they had an open house town meeting on May 17"' and it consisted of residents who voiced the same words expressing that they want to remain residential. She stated that no action has been taken since the Joint Public Hearing held on May 21st when City Council decided to go back to the Steering Committee, adjust the number of homeowners and increase the committee membership to re-evaluate the plan. She stated that the Steering Committee has been dismissed. Mrs. Pounds closed by repeating an often used quote Mayor Reid uses, "...the, R-1 classifications are the jewels of the City." 2 c 117 Larry Moser, 8614 Hawk Road, Pearland, TX, stated that he lives across from the site. He stated that the Milling Company was not shown, and his house of $200,000 was not shown either, which is directly across the street. He changed his zoning classification from (SD) to (R-1), and was assured by everybody that that is what the City wanted. He stated that when you're on Hawk road, you truly feel like you're in the country. He stated that it is a rural road and you already can't get out of Hawk Road in the mornings or in the evenings. Mr. Moser showed pictures of some homes on Hawk Road. He stated that 150' down the road his mother lives in a home and he currently has four children that live in his home. He stated that if this passes, his house would surely be on the market. He pointed out that there is plenty of space on FM 518 and he doesn't mind if a Police Department or a Fire Department goes out on Cullen. He stated that he is in opposition of the request and he is very confident that City Council will do the right thing. Vic Henry, 1813 Hillhouse Road, Pearland, TX, stated that he bought his house in 1971 and has added on 2600 square feet. He stated that right now they already have a bunch of funeral services on Saturday. He stated that he is not much of a business man and doesn't know the exact definition of "restaurant" or "convenience store", but he does know that they are three minutes away from Kroger. He stated that they don't need a convenient store and any business there and he is against it 100%. Emma Vaughn, 2005 Cullen Blvd, Pearland, TX, stated that they have been trying to protect their area since 1991. She stated that many of them have been out there for over 30 years. She stated that no business in that area has been successful over the years. She stated that even though you can get three times as much for that property, speculators don't understand that there is more to life then money. She stated that this is a residential area and asked City Council to seriously consider not approving the request, and this is not the place for any Industrial or Commercial business. Frank Wingler, 1702 Cullen, Pearland, TX, stated that he is the property to the north of the proposed shopping center. He stated that he is opposed to changing the zoning to "General Business" and asked why "Multi -family" use is scratched out on the application. He stated that the application also doesn't show how the owner is going to drain the property. He pointed out that after the heavy rain they have had lately, his land has been flooding because Clear Creek backs up and can't handle the water. He stated that he's not going to let anyone dump on him. Paul Ridgeway, 1833 Hillhouse, Pearland, TX, stated that he owns a three -acre tract and he thanked everyone who is serving on City Council and the Planning and Zoning Commission. He then made a few observations on the application. He first of all pointed out that Mr. Vu never came out to talk to any of the people in the area. He then stated that he doesn't even know what he wants to do with 3 its the property. He stated that there has been a lack of planning and a bit of confusion, and the way Mr. Vu has approached this is wrong. He then thanked staff for recommending denial. V. COUNCIUPLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Richard Tetens stated that the re -work of the Comprehensive Plan needs to be brought up and he would like to see staff and City Council pick this back up and put together a good plan for the area. City Attorney Darrin Coker stated that he has heard several questions about this. He then stated that he does not think this should be tabled and the property owner is allowed to apply for what ever he chooses. He stated that from a Land Use and Legal perspective his recommendation is to approve the request, and he knows that it goes against staffs request. He pointed out that they are not bound by the Comprehensive Plan and reminded them that it is a tool for planning. Commissioner Selemon explained that from a planning perspective he would rather wait for the Steering Committee's decision. Executive Director of Community Services Tobin Maples explained that in two weeks City Council would be given two maps. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:23 p.m. ZONING APPLICATION NO. 989 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:24 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 (RE) on the following described property, to wit: Zone Change Application No. 989 Legal Description: 2 acres out of Lots 8& 9, Hickory Place Subdivision, Volume 18, pg 1333- 4 119 334, B. C. P. R., H. T. & B. R.R. Co. survey, A-310, Brazoria Co., TX (Hughes Ranch Road) Owner: Traditional Concepts, Inc. 798 Holmes Road Houston, TX 77045 Agent: Zeeba Paksima of Paksima Group The purpose of the public hearing was read into the record by P&Z Chairman Charles Viktorin. Executive Director of Community Services Tobin Maples, AICP, presented the location of the proposed zone change by a giving a Power point presentation and showing pictures of the property and the surrounding properties with a brief description of each property. Mr. Maples stated that the request is compliant with the Comprehensive Plan therefore staff is recommending approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 001111 V. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Mayor Reid stated that "R -1's" and "RE's" are the crowned jewel for the City of Pearland. VI. ADJOURNMENT The Joint Public Hearing was adjourned at 7:26 p.m. & Zoning Secretary Minutes approved as submitte and/or corrected this s day of October 2001, AD Tom Reid, Mayor 120 THIS PAGE LEFT INTENTIONALLY BLANK