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2001-10-22 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES209 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD OCTOBER 22, 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 Mayor Pro -Tem Council Member Council Member Council Member Council Member P&Z Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger Richard Tetens Larry Wilkins H. Charles Viktorin Todd Iocco Kevin A. McDonald Robert Scheirer Don Sederdahl 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 Vice -Chairman Donald Glenn was absent. ZONING APPLICATION NO. 1000 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:36 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Light Industrial District (M-1) on the following described property, to wit: Zone Change Application No. 1000 Legal Description: 139 acres of land, more or less, being generally located in the R. Blackburn Survey, A-160 and the James Hamilton or D. White Survey, A-876, Harris Co, TX (Tract 1 -Beltway 8) The purpose of the public hearing was read into the record by P&Z Chairman Charles Viktorin. 1 210 Executive Director of Community Services Tobin Maples, AICP, gave a Powerpoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Mr. Maples explained that the City initiated the zoning classification from SD to M-1. He explained that the tracts are currently under annexation process and on November 26`h they will vote on the annexation and once the annexation is approved they will vote on the zoning. He stated that the six tracts on the agenda this evening are predominately vacant. He stated that they sent notices out to 43 property owners and they are requesting M-1 because the Comprehensive Plan calls for Light Industrial. He then stated that this is consistent with other businesses near (i.e., TurboCare, Speed Shore, Industrial Polymers). III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Richard Martini, 1303 Anderson, Houston, TX 77047, stated that he owns tract one, and he is opposed to the request because he does not think that City of Pearland is going to give him any services. He stated that he met with Mr. Mausen about CR 48 years ago about being annexed and he said it wouldn't happen. He stated that he has also contacted the City about illegal dumping, and pot holes in the road that you can't even drive through. Mr. Martini presented pictures and gave them to the secretary to keep for reference. He finished by stating that Tract 17, 18 and 15 is just a depleted sartdpit, which consists of about 40 acres. Albert Korenek, 4334 Crystal Ridge, Missouri City, TX 77456, stated that he owns a tree farm and he does not see how Pearland can benefit him in any way. He stated that they have better police protection at the present time, and they have the City of Houston for fire protection. He stated that he is definitely opposed to the request. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Wilkins asked for the record that these properties are in the ETJ, and Executive Director of Community Services Tobin Maples replied that they are. VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:46 p.m. ZONING APPLICATION NO. 1005 I. CALL TO ORDER PA 211 The Joint Public Hearing was called to order at 6:47 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Light Industrial District (M-1) on the following described property, to wit: Zone Change Application No. 1005 Legal Description: 260 acres, more or less, being generally located in the H T. & B. R.R. Co. survey, A-308, and the H. T. & B. R.R. Co. survey, A-551, Brazoria Co., TX (Tract 5 - near Main Street 35 @ CR 112) 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, gave a Powerpoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Mr. Maples stated that this property is approximately 260 acres and the City is requesting Light Industrial. He stated that they sent out Public Comment Forms to 30 property owners. Mr. Maples stated that the Comprehensive Plan calls for Heavy or Light Industrial, therefore the request is compliant. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Charlie Holmes, 9249 CR 413, stated that he is located at the sough side of the property and he owns two mobile homes and a home. He stated that he also owns another home, which half of the property is located in the city limits. He stated that there is mainly "residential" out in the area and he is opposed to any Industrial zoning. He stated that there is plenty of other area, and pointed out that there is over 1,000 acres located behind this property that is more fit for "Industrial'. He stated that his property is the last of the good property where homes could be built in that area and he does not want to give that up. He pointed out that there is 68 acres across the street also, which has been purchased to build homes. Mark Guerra, 3601 Chandler Ln, Deer Park, TX, 77536, stated that he is part owner of the 68 acres the previous speaker just referred to, and he is also one of the ones who are going to have a home built on that property. He stated that he believes more homes in that area would add to the beauty of the City, and he already knows a lot of people who 3 Z 1 area interested in having homes built on this property. He is against the Industrial zoning. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION . Mr. Tobin Maples, Manager of Administrative Support Council Member Tetens pointed out to the citizens that even though the City is zoning this whole area as "Industrial", if the property owners have another use in mind they can come in and request to change their zoning to what ever they would like it to be. Council Member Marcott asked if they could get a sketch on a map showing where the two properties of the people who spoke against the request are located. Council Member Owens asked what happens to the properties after the City comes in and annexes their property, and Executive Director of Community Services Tobin Maples explained that they could operate as they are without any expansion, and he referred to the properties being "grand fathered". Mr. Maples added that if the existing use is closed for any reason longer then six months then the "grandfather" clause goes away. Council Member Wilkins asked what the urgency for doing it this way, and Mr. Maples briefly explained two different aspects. Mr. Maples stated that from a "planning" aspect, they chose properties that were predominately undeveloped, and the purpose of annexing . the area is to protect what kind of development occurs in the area. Mr. Maples explained. that from the "zoning" aspect, in the past the City annexed the area in as "Suburban. Development" which created problems for each property owner who had to go through• the 90 -day process for their request, therefore they are trying to make things easier. P&Z Commissioner Scherrer asked if there are any homes in this area, and Mr. Maples replied that there is one within this area and two mobile homes. Mr. Maples stated that when they identified tracts, they tried to identify the most undeveloped areas. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:05 p.m. ZONING APPLICATION NO. 1002 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:05 p.m. II. PURPOSE OF HEARING 13 213 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Light Industrial District (M-1) on the following described property, to wit: Zone Change Application No. 1002 Legal Description: 168 acres, more or less, being generally located in the A. B. Langerman Survey, A-555 and the H. T. & B. R. R. Co. survey, A-538, Fort Bend Co., TX (Tract 2A - Broadway Street @ FM 521) 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, gave a Powerpoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Mr. Maples stated that this property is approximately 168 acres and the City is requesting Light Industrial. He stated that this is located in Fort Bend County, and the Comprehensive Plan calls for Heavy or Light Industrial, therefore the request is compliant. Mr. Maples pointed out that Shadow Creek Ranch is to the north and it is a "PUD". r—. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mike Chance, Pearland Economic Development Director, stated that he has looked at all three of the proposed "Industrial" sites, and he favors this particular site. He stated that the City has been taking a lot of Light and Heavy Industrial out of the books and they need to add some Industrial zoning. He stated that once this property is zoned "M-1", it wouldn't stay vacant very long. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support P&Z Commissioner Russ Selemon asked why the property next to this is "residential", and Executive Director of Community Services Tobin Maples replied that the Comprehensive Plan calls for "Industrial", and he pointed out that the physical boundary between the two would be the railroad. P&Z Commissioner Selemon stated that he would like to see some kind of buffer between the two tracts. VI. ADJOURNMENT 5 214 The Joint Public Hearing adjourned at 7:13 p.m. ZONING APPLICATION NO. 1001 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:13 p.m. H. PURPOSE OF HEARING Request 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. 1001 Legal Description: 411 Acres, more or less, being generally located in the H. T. & B. R.R. Co. survey, A-538, Brazoria Co., TX (Tract 2 - Broadway Street @ CR 48) 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, stated that the slides were shown on the last presentation. He stated that this tract is in Brazoria County and they sent out Public Comment Forms to 17 property owners. He stated that the Comprehensive Plan calls for low density; therefore the request is compliant. He stated that the county line is the physical barrier. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Mayor Tom Reid read into record that a Public Comment Form was received from R.D. McMahan residing at 5950 Stones Throw Rd, who is against the request. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:16 p.m. 215 ZONING APPLICATION NO. 1003 I. , CALL TO ORDER The Joint Public Hearing was called to order at 7:17 p.m. II. PURPOSE OF HEARING Request 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. 1003 Legal Description: 76 acres of land, more or less, being generally located in Section 18, H. T. & B. R.R. Co. survey, or George C. Smith Survey, A-547, Brazoria Co., TX (Tract 3 - Manvel Road @ Bailey Road) 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, gave a Powerpoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Mr. Maples stated that this property is approximately 76 acres and this is the northwest corner of Manvel and Bailey Rd. He stated that they sent out Public Comment Forms to 34 property owners. Mr. Maples stated that the Comprehensive Plan calls for low density. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Charlie Eason, 2510 Broadway, Pearland, TX, stated that he is representing the owners, The Massey's, and they do not want the property annexed or zoned. He stated that if the property were annexed then the owners would like it left as "Suburban Development". Michaelean Miller Ordineaux stated that she owns approximately 300 acres and until they City can give her utilities then she doesn't need any fire or police protection for her cattle. Bobby Thompson, 3301 Dixie Farm Rd, Pearland, TX, showed a map and explained that some tracts the City has chosen to annex make since, however, he is representing the 1'I 2 1 owners of 160 acres that consists of farmland and cows that don't need police or fire protection. Mr. Thompson then stated that this "leap frog" approach concerns him. He stated that the City is not going to put any water or sewer and they are going to wait for a development to come through first. He stated that as leaders they owe it to the people to consider this and to please withdraw the plan for annexation. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support NONE VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:31 p.m. ZONING APPLICATION NO. 1006 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:32 p.m. II. PURPOSE OF HEARING Request 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. 1006 Legal Description: 774 acres of land, more or less, being generally located in the D. H. M. Hunter Survey, A-36 and the T. J. Green Survey, A- 290, Harris Co., TX (Tract 6 - Clear Creek @ Country Club Drive) 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, gave a Powerpoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Mr. Maples explained that the property is predominately vacant and the request is compliant with the Comprehensive Plan, which calls for low-density residential. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 0 217 IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Jim Wood, 2324 Augusta, Pearland, TX, 77581 stated that he is there also representing Jack Sellmon, Roy Murray, and Tom Lacey. He stated that between all of them, they own 300 acres and they do not want to be annexed. He stated that 10 years ago they came to the City of Pearland and spoke to Mayor Coppinger and he would not even consider it. He stated that there are no plans for city water and sewer, and he pointed out that no one could afford to develop "RE" size lots. He pointed out that there is going to be 1540 acres of "RE" land to develop. Mr. Wood then read an article from the Wall Street Journal that was dated 07/31/01. Jim Holcombe, 1300 Post Oak Blvd, Suite 1110, Houston, TX, 77056, stated that he has been working on the project that is adjacent to this property called `Brookstone Ranch". He stated that he has met with staff and they would like to suggest maybe doing a Master Plan with this property, and Pasadena ISD is also interested. He stated that he would like to recommend that Kerry R. Gilbert & Associates, who has planned Shadow Creek Ranch, do the planning. He stated that there are several large landowners and the bottom line is that they would like to do a Master Planned Community. Warren Patterson, 2712 Country Club Dr, Pearland, TX 77581, stated that he appreciates Mr. Maples pictures of his street, however he wishes that Mr. Maples had taken the pictures a few months ago when it looked a river. He stated that his main problem is the drainage and he stated that he does not want to go under water. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Seeger stated that he would like to comment on the plans, and he encouraged staff to work with property owners to come up with a Master Plan. Executive Director of Community Services Tobin Maples pointed out that staff was working with the City of Houston to do a land "swap out" on 94 acres, however they could not get it to work out. Council Member Owens asked if the Barry Rose Sewer Plant was designed to service this entire area, and City Engineer Hargrove replied that as is sits right now when the area is fully developed it will have to expand. Council Member Wilkins stated that he would like to strongly encourage those property owners to put in there zoning requests. Council Member Seeger asked if this changes the City's ability to control the stub -outs on the east end, and City Attorney Coker replied that they do not have to open the stub outs. N 218 Mayor Reid read into the record Public Comment Forms received from the following people: 1. Patricia Hughes, 2416 Country Club Dr, who is for the request. 2. Sue Alexander Morrison, 8 Pine Briar Circle, who is against the request. 3. Carolyn Crabb, 2406 Country Club, who is for the request. 4. Sylvia Verkerk, 2902 Country Club, who is against the request. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:55 p.m. respectfully Secretary Minutes approved as ubmitted an corrected this 12 day of November , 2001, AD Tom Reid, Mayor 10