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2002-03-11 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 ON MARCH 11, 2002, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The Joint Public Hearing was called to order at 6:38 p.m. with the following present: Mayor Council Member Council Member Council Member P&Z Chairman P&Z Vice -Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Woody Owens Richard Tetens Larry Wilkins H. Charles Viktorin Donald Glenn Todd Iocco Kevin McDonald 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. Council Member's Larry Marcott and Klaus Seeger were absent and P&Z Commissioner Robert Scherrer was absent. SPECIFIC USE APPLICATION NO. 102 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:37 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) to Commercial District — Specific Use (C(S)) for storage and mini -warehouse on the following described property, to wit: Specific Use Application No. 102 Legal Description: Lot 1, Block 1, Old Chocolate Bayou Subdivision, Brazoria Co., TX (Broadway Street) Owner: James and Dorothy Medearis Page 1 of 13 - 03/11/02 P.O. Box 937 Pearland, TX 77588 Agent: Osborn & Vane Architects, Inc. P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples gave a brief PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. Mr. Maples explained that the Land Use Plan was amended last May, which is why they are requesting this Specific Use Permit. The Specific Use Permit is for the use of mini -warehouses. He stated the developer is aware that a Traffic Impact Analysis may be required. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Jason Chapman, 2000 Theron, Houston, TX stated that this project is an expansion to an existing facility. He stated that this will increase climate -controlled storage and will also improve the aesthetics of the property. He stated that the two new buildings would comply with the zoning ordinance. He stated that a second entrance would be added to the existing property. He stated that there is no noise and a low traffic volume. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Owens asked about the driveways. Executive Director of Community Services Tobin Maples replied that staff has not seen a site plan yet. Mr. Maples explained that the driveway issue would be reviewed at the time of permitting. VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:48 p.m. ZONING APPLICATION NO. 1028 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:49 p.m. II. PURPOSE OF HEARING Page 2 of 13 - 03/11/02 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. 1028 Legal Description: Tract 1: 57.231 acres, being all of tracts 41, 42, 55, 56, 57 & 58, Allison Richey Gulf Coast Home Co. subdivision, as recorded in plat book 2, pg 24, Brazoria Co., plat records, H. T. & B. R.R. Co. survey, Section 20, A-506, Brazoria Co., TX Tract 2: 10 acres, more of less, being Lot 12, Allison Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat recorded in Vol. 2, pg 23, plat records of Brazoria Co., TX tract 3: 20.0737 acres, being all of Lots 13, 29 and the most easterly 80' of Lot 12, Allison Richey Gulf Coast Home Co. survey, A-243, Brazoria Co., TX (2426 Cullen Boulevard) Owner: Houston Memorial Gardens P.O. Box 330350 Houston, TX 77233 Agent: Greystone Builders P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples gave a brief PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. Mr. Maples stated that the Comprehensive Plan does call for General Business therefore staff is recommending approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Janice Howard, P.O. Box 330350, Houston, TX stated that she would like to request the zoning so they can continue their business and to make repairs on the site. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Page 3 of 13 - 03/11/02 Mr. Tobin Maples, Executive Director of Community Services Council Member Owens stated that the City is constantly getting complaints regarding the traffic congestion on the weekends. Mr. Owens asked if this would be taken into consideration when the Traffic Impact Analysis is done. Executive Director of Community Services Tobin Maples replied that he is not sure if a Traffic Impact Analysis would even be required. Mr. Maples stated that it would be depend on what type of permit is being applied for. VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:55 p.m. ZONING APPLICATION NO. 1029 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:56 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 — Planned Unit Development (GB PUD) on the following described property, to wit: Zone Change Application No. 1029 Legal Description: 3 acres, out of a 12 acre tract, being out of the South 99 acres of the H. T. & B. R.R. Co. survey, Section 7, A-219, and recorded in Volume 868, page 239, Deed Records of Brazoria Co., TX (6301 Broadway Street) Owner: Jim Marsh 7919 Montglen Houston, TX 77061 Agent: Jimmy Vaughan P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples gave a brief 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 Page 4 of 13 - 03/11/02 explained that this owner originally applied for Commercial zoning and there were several concerns that were brought up and staff was directed to work with the owner to see what other alternative we could come up with. Mr. Maples explained that since the property is more then 3 acres the owner could apply for a Planned Unit Development under General Business. He explained that if the landscaping business were to go away any business could come onto the property as long as it fits into General Business zoning. Mr. Maples stated that out of the 20 notices sent to the property owners one was returned in opposition of the request. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Jimmy Vaughan, 6301 Broadway St, Pearland, TX showed the proposed site plan of the property. He stated that they have high integrity in the work they do and it is a small family owned business. He stated that things are moving fast and they currently have 17 full time employees and hope to increase that by 5%. Mr. Vaughan stated that they plan to beautify the property so that it would be an eye catcher for customers. He stated that several people had concerns regarding the piles of mulch outside. Mr. Vaughan pointed out that everything would be bagged. He stated that he is ready to get on with his business. Jim Marsh, 7919 Montglen, Houston, TX 77061 stated that he supports the request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mr. McMaster, 2614 Thelma, Pearland, TX stated that he lives next door to the property on the east side. He stated that the proposed site has been built up substantially and when it rains hard hits his property gets flooded. He stated that the bagged materials are going to leak. He stated that he is also concerned about traffic. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Wilkins asked if there is any kind of drainage requirements for businesses that are located this close to residences. Executive Director of Community Services Tobin Maples explained that the engineering department would review the drainage plan when the owner applies for the building permit and the site work permit. P&Z Commissioner Selemon asked where the bagged mulch is going to be stored. Mr. Vaughan replied that the mulch would be stored indoors. P&Z Commissioner Sederdahl asked if the owner could address the traffic concern. Mr. Vaughan stated that the traffic would vary on a day-by-day basis. He stated that for example the mulch run would be once a month between certain hours. Page 5 of 13 - 03/11/02 Executive Director of Community Services Tobin Maples pointed requirement regarding the 6" masonry fence, adopted in May of 2000, PUD document also. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:10 p.m. SPECIFIC USE APPLICATION NOS. 103 & 104 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:11 p.m. II. PURPOSE OF HEARING out the new which is in the Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Suburban Development District — Specific Use (SD(S)) for a detention pond on the following described property, to wit: 1. Specific Use Application No. 103 Legal Description: 3.545 acres, being Tract 29A and part of Lot 29B, H. T. & B. R.R. Co. survey, A-304, Brazoria Co., TX (Wooten Road) Owner: Winnifred Wooten P.O. Box 1682 Pearland, TX 77588-1682 Agent: Chad Moss of Property Commerce Development Company 2. Specific Use Application No. 104 Legal Description: 1 acre, being part of Tract 29, H. T. & B. R.R. Co. survey, A- 304, Brazoria Co., TX (Wooten Road) Owner: Winnifred Wooten P.O. Box 1682 Pearland, TX 77588-1682 Agent: Chad Moss of Property Commerce Development Company P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Page 6 of 13 - 03/11/02 Executive Director of Community Services Tobin Maples gave a brief PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. Mr. Maples stated that both of the applications are identical requests. He stated that 103 Public Comment Forms were sent to local property owners near Application No. 103 and 104 Public Comment Forms to local property owners near Application No. 104. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Chad Moss, 7676 Woodway, Houston, TX stated that he is developing a Home Depot and the area in the back, which is the Winnifred Wooten tract, would be used for detention. He stated that this is the second project in Pearland and they are hoping to be done by the end of January 2003. Johnny Sims, 1616 Broadway, Suite 132, Pearland, TX stated that this would be a great asset to the community, especially for the taxes. He asked for consideration on the request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Rick Churchill, 2007 Wooten Road, Pearland, TX stated that he has been a resident in his mobile home for two months. He stated that there is going to be this big entity moving into this property and he asked what is going to happen to them in the mobile home park. Mr. Churchill stated that they are just trying to make it. He asked if the developer is going to help them move and he pointed out that it cost $1500 just to move. He asked for City Council to please consider the residents before they decide. Dennis Roseck, resident, stated that he moved there two weeks ago and this is the first home he has ever owned. He stated that three days after he moved into the park the owner gave him notification that the park had been sold. He stated that he works hard for a living and he would like to keep what is his. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Owens stated that he is very concerned about the gentlemen's comments and referred to the residents being notified three days after moving in. Mr. Owens stated that he did not think and pointed out that that's not too fair for people. He stated that he would not vote for anything until the developer meets with the residents and works something out. Mayor Reid asked if they plan to meet with the residents. Page 7 of 13 - 03/11/02 Chad Moss stated that this is the first time he has been put aware of this and they will get with Mrs. Wooten. Council Member Owens stated that he would really appreciate something worked out and he suggested that it be done. Council Member Wilkins stated that he would like to reiterate Mr. Owens comments and he would like to see that this is looked into by the developer. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:25 p.m. SPECIFIC USE APPLICATION NO. 101 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:26 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 Residential District (SD) to Suburban Development Residential District — Specific Use (SDR(S)) for a church on the following described property, to wit: Specific Use Application No. 101 Legal Description: 9.998 acres, out of Lots 105 and 108, a subdivision of A. C. H. & B. R.R. Co. survey, Section 1, A-147, Brazoria Co., TX (2209 Old Alvin Road) Owner: Diocese of Galveston -Houston P.O. Box 907 1700 San Jacinto Street Houston, TX 77002 Agent: Msgr. Reginald R. Nesvadba P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples gave a brief PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. Mr. Maples stated that Page 8 of 13 - 03/11/02 Public Comment Forms were sent to 40 property owners and one came back as of this evening. Mr. Maples pointed out that depending on the significance of the development a Traffic Impact Analysis might be required. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Msgr. Reginald R. Nesvadba stated that the site is the church and his residence. He stated that Pearland is growing so much and this would be the fourth enlargement. He stated that they currently have 4200 registered households and they are having six sermons a weekend. He stated that they need a larger sanctuary. Gregory Davis, 11103 W. Avenue, San Antonio, TX presented a preliminary schematic concept of the proposed building. He pointed out that the parking would be expanded to the south of the property. Mr. Davis stated that he is in support of the change. Bob Lewis, 2905 Country Club, Pearland, TX stated that he is a good Baptist, however he would like to support the request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Against V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Wilkins stated that he would like to encourage the Planning and Zoning Commission to approve this request. He stated that this is has been his church for 25 years. He stated the proposed structure is going to be beautiful and the church is growing. Mayor Tom Reid stated that architect has done a good job and Pearland is the City of churches. Council Member Tetens commented on the history of zoning for the church. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:31 p.m. ZONING APPLICATION NO. 1027 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:27 p.m. Page 9 of 13 - 03/11/02 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 Single Family Dwelling District (R-3) on the following described property, to wit: Zone Change Application No. 1027 Legal Description: Lots 4, 5 and 6, Block 3, of replat of Buena Vida, an addition in Brazoria Co., TX, according to the map or plat thereof recorded in Volume 9, Page 6, plat records of Brazoria Co., TX (5722 and 5734 Ochoa) Owner: Loreto Moreno 5722 Ochoa Pearland, TX 77584 P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples gave a brief PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 10610 IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services NONE VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:40 p.m. ZONING APPLICATION NO. 1026 I. CALL TO ORDER Page 10 of 13- 03/11/02 The Joint Public Hearing was called to order at 7:41 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 Single Family Dwelling District (R-2) on the following described property, to wit: Zone Change Application No. 1026 Legal Description: A 30 acre tract and a 10 acre tract; both out of Section 12, H. T. & B. R.R. Co. survey, A-508, Brazoria Co., TX (Northeast corner of Veterans Road @ Bailey Road) Owner: Read Partners, L.P. and Kitty L. Read 6135 Olympia Houston, TX 77057 Agent: E. Mauris Hardcastle P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples gave a brief PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. Mr. Maples stated that Public Comment Forms were sent to 13 property owners. Mr. Maples pointed out that upon platting and permitting a Traffic Impact Analysis might be required. Mr. Maples stated that the request is consistent with the Master Plan. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mauris Hardcastle, 2311 Green Tee, Pearland, TX stated that he is representing Read Partners who would like him to pass on their support. He stated that they would like to see this as R-2 zoning. Mr. Hardcastle pointed out that there is newly R-2 zoning to the north and this is a good location for R-2. Bob Lewis, 2905 Country Club, Pearland, TX stated that he is very much in support of this request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Page 11 of 13- 03/11/02 Mr. Tobin Maples, Executive Director of Community Services NONE VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:46 p.m. ZONING APPLICATION NO. 1024 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:47 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 Estate Lot Single Family Dwelling District (RE) on the following described property, to wit: 1. Zone Change Application No. 1024 Legal Description: 1.26 acres, out of 10 acre Lot 16, Allison Richey Gulf Coast Homes Subdivision, Section 21, A-309, as recorded in Volume 2, pg 23-24, plat records of Brazoria Co., TX (3030 Navarro) Owner: John and Wensday Stanley 7762 Red Robin Houston, TX 77075 2. Zone Change Application No. 1025 Legal Description: .927 acres, being a part of the South 1/z of Lot 42, Allison Richey Gulf Coast Home Co.'s Subdivision, Section 8, H. T. & B. R.R. Co. survey, A-504, according to the map of record in Volume 2, pgs 23-24, plat records of Brazoria Co., TX (2426 Garden Road) Owner: Dennis J. Werner 2426 Garden Road Pearland, TX 77581 P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Page 12 of 13- 03/11/02 Executive Director of Community Services Tobin Maples gave a brief PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. Mr. Maples stated that Public Comment Forms were sent to 15 local property owners for application no. 1024 and 8 local property owners near application no. 1025. Mr. Maples pointed out that everything around the zoning is Suburban Development. He stated that staff is recommending approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Wensday Stanley, 7762 Red Robin, Houston, TX stated that her family has relocated to Pearland due to the fact that their house burned down in Dallas. She stated they are seeking approval for their request to build their home. Jesse Lewis, 3029 Navarre, Pearland, TX stated that he is in support of the request. Dennis Werner, 2426 Garden Rd, Pearland, TX stated this lot has been in his home since the early 70's and would to request the zoning to be in compliance with the city's requirements. IV. PERSONS. WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services P&Z Commissioner McDonald thanked Mrs. Stanley for choosing Pearland to relocate. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:55 p.m. inutes respectfully su 'tted by• Jen ifer Gonzal anning oning Secretary Minutes approved bmitted and/or corrected this 8 day of Apri 1 , 2002, AD Tom Reid, Mayor Page 13 of 13- 03/11/02 THIS PAGE LEFT INTENTIONALLY BLANK