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