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2001-11-19 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD NOVEMBER 19, 2001, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. II. The Joint Public Hearing was called to order at 6:37 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 P&Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger Richard Tetens Larry Wilkins H. Charles Viktorin Kevin McDonald Robert Scherrer Russ Selemon Don W. 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 and P&Z Commissioner Todd Iocco were absent. SPECIFIC USE APPLICATION NO. 99 CALL TO ORDER The hearing was called to order at 7:38 p.m. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Commercial District (C) to Commercial District -Specific Use (C(S)) for warehouse and open storage on the following described property, to wit: Specific Use Application No. 99 Legal Description: 4.69 acres, being Lot 7A, which is the South 1/2 of Lot 7, Allison Richey Gulf Coast Home Co. Subdivision of Suburban Gardens, Section 19, H. T. & B. R.R. Co. survey, A-243, as recorded in Volume 111, pg 184, Deed Records of Brazoria Co., TX (2109 Cullen Boulevard) Owner: Classic Storage -1- 8909 Hughes Ranch Road Pearland, TX 77584 The purpose of the hearing was read into record by P&Z Chairman Charles Viktorin. Executive Director of Community Services Tobin Maples, AICP, presented the location of the proposed zone change with a Powerpoint presentation and showing slides of the property and gave a brief description of the surrounding properties. Mr. Maples stated that seven property owners were notified and the Comprehensive Plan calls for General Business. Mr. Maples stated that staff is either recommending approval based on the current plan or recommending tabling on until the Cullen study is done, which Planning and Zoning is currently working on. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Bobby Craig with Classic Storage, 8909 Hughes Ranch Road, Pearland, TX, stated that his property is currently zoned for Commercial use and he would like to expand for a new storage facility. He stated that it would possibly be for an office warehouse or for boat storage. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Raymond Vaughn, 2005 Cullen Blvd, Pearland, TX, stated that he is directly north of the property and his wife, Emma Vaughn, normally speaks but she has a fractured knee and could not be there. He stated that he is there to protest the request. He stated that he owns five acres to the north, his daughter occupies three acres to the north of his five acres, and he lives on the — three acres to the north of his daughter and has been there for 30 years. He stated that he is concerned that this zoning could allow for a car lot sales or storage, and it would hurt the property values of their homes. He requested that this item be tabled. Pat Pounds, 8518 Hawk Rd, Pearland, TX, stated that she has been here numerous times and she feels that is an awful lot to put on just four acres, and located next to a school. She pointed out that a car sales lot is getting drastic and she is hoping the item will be tabled. Mrs. Pounds then asked if the Cullen Blvd plan could be put back on the agenda for a decision as soon as possible. Mrs. Pounds stated that she and all the residents out there really appreciate the City and she wished City Council a Happy Thanksgiving. Robert Melinder, 2027 Cullen Blvd, Pearland, TX, stated that he just moved into his house and he hopes to keep his property value up. He stated that he has not seen any dealerships, with the exception of Strickland Chevrolet, that look good. He pointed out that there are large, bright lights and he does not feel that would be a good environment for him and his family. He also asked for the application to be tabled until a decision is made on the Cullen Blvd Land Use Plan. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support -2- Mayor Tom Reid stated that he has received Public Comment Forms from the following people: 1. Henry Green, 2110 Lee Rd, is against the request. 2. Timothy Pounds, 2042 Lee Rd, is against the request. Council Member Seeger asked since this is a "use" change, would the new fagade ordinances be affected and would the fagade have to be updated, and Mr. Maples replied that the new fagade ordinance would have to be met only if it has been vacated for over 6 months or if they change the occupancy. Council Member Marcott stated that there is a bunch of site work going on, and he asked if there is a permit, and he asked if the parking lot would be paved. Mr. Maples stated that he would have to check on the permit status and they would have to provide off-street parking. Council Member Marcott asked if the owner would have to account for drainage on the new facility and Mr. Maples replied that they would have to meet the updated drainage criteria. Council Member Marcott stated that they have a very nice facility no CR 403 and they have been doing business very nicely. Council Member Tetens stated that they need to look into the getting the Cullen Land Use Plan done, and Council Member Wilkins agreed. VI. ADJOURNMENT The meeting adjourned at 7:05 p.m. ZONING APPLICATION NO. 1010 I. CALL TO ORDER The meeting was called to order at 7:06 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 General Business District (GB) on the following described property, to wit: Zone Change Application No. 1010 Legal Description: 4.965 acres, H. T. & B. R.R. Co. survey, A-240, out of Lots 76 and 77, Figland Orchard Subdivision No. 1, as recorded in Volume 3, pg 77, Brazoria Co. Plat Records, Brazoria Co., TX (2942 Wagontrail Road) -3- Owner: Maria De Viveiros and Evangelos Golfis 2431 Laura Lane Pearland, TX 77581 Agent: C. K. Stephenson Executive Director of Community Services Tobin Maples, AICP, presented the location of the proposed zone change with a Powerpoint presentation and showing slides of the property and gave a brief description of the surrounding properties. Mr. Maples stated that the Comprehensive Plan recommends low-density, therefore staff is recommending denial because they do not believe the request is compliant with the Comprehensive Plan or the surrounding properties. He stated that if the application is approved, a 6" masonry fence will be required and a Traffic Impact Analysis will be required. 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 None VI. ADJOURNMENT The meeting adjourned at 7:10 p.m. ZONING APPLICATION NO. 1012 I. CALL TO ORDER The meeting was called to order at 7:11 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Heavy Industrial District (M-2) to Single Family Dwelling District (R-2) on the following described property, to wit: Zone Change Application No. 1012 Legal Description: 10.20 acres, A. C. H. & B. Survey, Section 2, A-507, as recorded in Volume 767, page 299, Deed Records of Brazoria Co., TX Owner: Jud G. Alexander P.O. Box 769 Brenham, TX 77834 Agent: Dale Hurtt The purpose of the 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 with a Powerpoint presentation and showing slides which would be applicable to the next three zoning applications. Mr. Maples stated that Public Comment Forms were sent to 16 property owners and none have been received. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Dale Hurtt, 3010 Beecave Dr, Missouri City, TX, stated that he is the agent for the request and he is there to answer any questions. Charles McMurray, 5209 Spring Branch Dr, Pearland, TX, stated that he feels like he is reliving "Ground Hog Day" and he is in support of the change. He stated that just last week they discussed the area to the south of this property. He pointed out that the southeast corner of Magnolia and Veterans was zoned "R-2" unanimously back in 1999. He stated that there were a large number of people from Westwood Village and Cobblestone who spoke in support also. He finished by stating that the area south of Magnolia and East of Veterans, the whole quadrant, needs to be residential. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Tetens stated that he would like to reiterate his feelings from last week and he feels that this property should remain Industrial and that it is ridiculous to build a residence near railroad tracks. He stated that the best use would be "Commercial' or "Industrial'. Council Member Seeger asked if the property adjacent to this property could be utilized as detention and Mr. Hurtt replied that yes, due to the flow he is recommending that this area be used for retention and also the northeast corner be used as a parkland buffer. -5- Executive Director of Community Development Tobin Maples replied that although staff is recommending approval, staff would have a concern using the wedge as a park, however, detention would be acceptable. P&Z Chairman Viktorin stated that he attended the APA Conference (American Planning Association) two weeks ago and the responses he received echoed the responses of Council Member Tetens. P&Z Commissioner Selemon stated that since the two tracts to the south are R-2, has there been any considerations for Pearland's Economic Development Corporation and where they would be able to locate businesses. Mr. Maples reminded City Council and the Commission that they are looking to other areas and he referred to the six new annexations. P&Z Commissioner Selemon asked if they can transfer the Foreign Trade Zone, and Mr. Maples replied that the City would have to go through an application process. VI. ADJOURNMENT The meeting adjourned at 7:26 p.m. ZONING APPLICATION NO. 1013 I. CALL TO ORDER The meeting was called to order at 7:34 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Heavy Industrial District (M-2) to Single Family Dwelling District (R-2) on the following described property, to wit: Zone Change Application No. 1013 Legal Description: 23.12 acres, being Lot 9, Section 12, H. T. & B. R.R. Co. survey, A- 508, recorded in Volume 355, page 550, Deed Records of Brazoria Co., TX Owner: Sheesley Trust, Alan Swenson, Trust Officer Three G Investments Ltd, Larry Gardner Delmer Q. Bowman Family Trust Agent: Dale Hurtt The purpose of the 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 with a Powerpoint presentation and he showed pictures with the presentation from the previous application. Mr. Maples stated that staff is recommending approval, however they are requesting that the developer use the area near the railroad for public park space, and that from a planning perspective it is not a good idea having houses built next to the railroad. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Dale Hurtt, 3010 Beecave Dr, Missouri City, TX, stated that this area would probably be used for detention and he is requesting approval. Dave Miller, 3603 W. Pine Orchard, Pearland, TX, stated that he would like to address a few comments that have been made. He stated that as Mr. Hurtt said, there would be 10.20 acres that is used for detention. Mr. Miller stated that having detention next to the railroad would be an amenity, because it would protect the residents. Mr. Miller pointed out that the drainage area would slow down any derailment that could occur. Charles McMurray, 5209 Spring Branch Dr, Pearland, TX, stated that if you go south on the map there is a new PISD school that will have over 1,000 bodies. He stated that he does not know what Council Member Tetens and Council Member Marcott know to be against the zoning request. Mr. McMurray then spoke of the possibility of a derailment and how dangerous it would be for an Industrial site to be located next to the railroad. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Wilkins stated that in regards the P&Z Chairman's comments, there has not been one person to speak against any of these applications. He then asked where the people are who are against this. He stated that he feels like "R-2" is the best zoning, and he stated that they do need to be flexible with the comprehensive plan. Council Member Seeger pointed out that the genie has been let out of the bottle and he referred to the "R-2" zoning that was approved two weeks ago. Council Member Tetens stated that the Chairman was dealing with trained planners and it is poor planning, and he thinks it is ridiculous to change the zoning and as for Mr. McMurray's comment, he is just concerned about the city of Pearland. -7- Council Member Marcott stated that his view on these requests has not changed. Council Member Owens asked if there is a difference between the zoning classifications regarding the use for detention, and Mr. Hurtt stated that they are applying for "R-2" on all three properties to remain consistent. City Attorney Damn Coker pointed out that if you leave the property as "M-1" , then there is still a possibility that an Industrial site would be built. VI. ADJOURNMENT The meeting adjourned at 7:50 p.m. ZONING APPLICATION NO.1013 I. CALL TO ORDER The meeting was called to order at 7:51 p.m. II. PURPOSE OF HEARING Request 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. 1008 Legal Description: Being Lots 9A and 12A, Section 12, H. T. & B. Survey, A-508, Brazoria Co., TX Owner: Randall L. Ferguson 2414 S. Park Pearland, TX 77581 Agent: Dale Hurtt The purpose of the public hearing was read into the record by P&Z Chairman Charles Viktorin. Executive Director of Community Development Tobin Maples AICP, presented the location of the proposed zone change with a Powerpoint presentation. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Dale Hurtt, 3010 BeeCave Dr, Missouri City, TX, stated that he would like to reiterate what he has already said, and he stated that the northeast corner would be used for detention, and the comment he made earlier regarding the public park, he actually meant a "wooded" park. Charles McMurray, 5209 Spring Branch Dr, Pearland, TX, stated that he has the same things to say. He pointed out that Council Member Tetens voted in 1999 for the "R-2" zoning. He stated that if you keep the property as "Industrial", who is going to build a Heavy Industrial Business with all the surrounding residential property. Mark Guirre, representing Mr. Hurtt, stated that Mr. Hurtt and he has spent a lot of time on this area and he knows that Mrs. Edwards has been trying to sell her land for some time and she never had one phone call trying to sell it as a "Commercial" property. He stated that he could assure that Mr. Hurtt is going to make an excellent Land Plan. Mr. Guirre then stated that City Council is here to make logical decisions for the City and there has not been one person speak against these requests. He pointed out that the homeowner's values are going to go up because nobody wants to live next to an Industrial site. Dave Miller, 3603 W. Pine Orchard Dr, Pearland, TX, stated that he is a realtor and he would like to address one thing. He stated that he has been a big promoter for PEDC for over 20 years. He stated that the only sale he has made in this area is one, and it took him five years to sell that property. He stated that he sold property to Mr. Goza, who had it subdivided into separate lots and he has not been able to sell the lots off due to the "Industrial" zoning. Dale Hurtt, 3010 BeeCave Dr, Missouri City, TX, stated that he did try to sell the property as "Commercial" or "Industrial" and had no success. He then asked why the property isn't selling. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None V. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Marcott stated that although he does oppose the "R-2" for this area, he does eventually see this are becoming "R-2". He stated that it didn't go "Industrial" because of the access problem. He stated that the City would eventually end up like Friendswood, which is nothing but rooftops with just a few businesses and that is going to bring very high taxes. He stated that the drainage does need to be looked at and he thinks the drainage retention ponds need to be bigger to protect the citizens. Council Member Tetens stated that he would like to reiterate what he has already said. Council Member Seeger stated that whether you build Industrial or Residential, the drainage would have to be looked at. Commissioner Scherrer stated that the City is the only one who can prevent the "genie to come of the bottle". VI. ADJOURNMENT The meeting adjourned at 8:07 p.m. Minutes respectfully supnitted by: Planning &.-'Zoning Secretary Minutes approved submitted and/or corrected this io day of Decemher 2001, AD 1 Tom Reid, Mayor -10-