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2002-05-13 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES453 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 13, 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 Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Woody Owens Richard Tetens H. Charles Viiktorin Todd Iocco Kevin McDonald Robert Scherrer Don Sederdahl 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. Council Member Klaus Seeger, Council Member Richard Tetens, and P&Z Vice -Chairman Donald Glenn were absent. ZONING APPLICATION NO. 1038 I. CALL TO ORDER The Public Hearing was called to order at 6:38 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 Commercial District (C) on the following described property, to wit: Zone Change Application No. 1038 Legal Description: The North 5 acres of Tract 21, Allison Richey Gulf Coast Home Co. Suburban Gardens, Section 8, H. T. & B. R.R. Co. survey, A-504, Brazoria Co., TX, according to the map or plat thereof recorded in Volume 2, Page 22-24, plat records of Brazoria Co., TX (2533 & 2537 Roy Road) Page 1 of 5 - 5/13/2002 054 Owner: Hollis and Linda Bardwell 12746 Roy Road Pearland, TX 77581 Agent: Mike Hollman of Coldwell Banker United P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Development gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. He stated that the property does contain "Commercial" like facilities at this time. He stated nine property owners were notified and there were no Public Comment Forms returned. He stated a discussion has been held with the applicant and they are aware that when someone does come in to change the occupancy they would have to make a significant amount of upgrades to meet the new ordinances. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Bobby Brown stated they are asking for "Commercial" zoning. He explained that there is a house in the front of the property however there is a 9,287 square foot Commercial building in the back. He stated there are other businesses around and two lots over is Rudy's Carpet. He stated a business would not stand out at this location. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Gary Dragulski, representative for his parents who live adjacent to the property. He stated they have concerns about how the land can be used. He stated the property is fixing to be sold and he would like to know what kind of restrictions there would be having Commercial zoning next to their property, which is adjacent to the request. He asked about the 200' buffer. He showed concern about the drainage. He asked that this be reviewed before approving this request and his parents have owned their property since 1958. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Mayor Reid stated that the only 200' restriction is that by state law the City is required to notify any property owner within 200' about any land use change on a property. Council Member Owens asked staff to address the question regarding what kind of business is allowed in Commercial zoning. Page 2 of 5 - 5/13/2002 055 Executive Director of Community Development Tobin Maples explained there are existing facilities on the property at this time however if a new tenant occupies the building a permit would have to be pulled for a certificate of occupancy. He stated at this time the City would inspect the facility to make sure it complies with all the City's ordinances. He stated that the drainage would be reviewed by the Engineering Department. Council Member Tetens requested that a list of uses be given to the residents. Council Member Marcott pointed out that it could be found on pages 53-54 and page 128. VI. ADJOURNMENT The public hearing adjourned at 6:48 p.m. ZONING APPLICATION NO. 1035 I. CALL TO ORDER The Public Hearing was called to order at 6:49 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) and Commercial District (C) to Single Family Dwelling District — Planned Unit Development (R-2 PUD) on the following described property, to wit: Zone Change Application No. 1035 Legal Description: 73.328 acres consisting of three tracts: Tract I: Being Lots 9A and 12A, out of Section 12, H. T. & B. R.R. Co. survey, A-508, Brazoria Co., TX; Tract II: Being 10.208 acres in the A.C.H. & B. Survey, Section 2, A-507, Brazoria Co., TX, being all of Lots A & F, L.W. Murdock Subdivision as recorded in Volume 29, Page 174, deed records of Brazoria Co., TX, and being part of the land conveyed by Thomas F. Alexander to John Alexander, Trustee, by deed dated May 20, 1960, and recorded in Volume 767, Page 299, among the deed records of Brazoria Co., TX; and Tract III: 23.12 acres, being Lot 9, Section 12, H. T. & B. R.R. Co. survey, A-508, Brazoria Co., TX (Veterans Road) Owner: Three G Investments Page 3 of 5 - 5/13/2002 056 Jud Alexander R. & L. Ferguson Agent: James Cornelius of Sowell & Company P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Services Tobin Maples gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. He explained that staff has no opposition and the Comprehensive Plan does call for Low Density Residential, therefore the request is consistent. He stated that the dimensions of the lots do comply with the ordinance and staff recommends approval. 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, Executive Director of Community Services None VI. ADJOURNMENT The Public Hearing adjourned at 6:53 p.m ZON- ING APPLICATION NO. 1036 I. CALL TO ORDER The Public Hearing was called to order at 6:49 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. 1036 Page 4 of 5 - 5/13/2002 057 Legal Description: Lots 2 & 3, Block 1, Bethel Subdivision, Section 1, according to the plat thereof recorded in Volume 19, pgs 223-224, plat records of Brazoria Co., TX (8033 Hughes Ranch Road) Owner: Ronald and Lorna Sweet 6710 Finch Street Houston, TX P&Z Chairman Charles Viktorin read the purpose of the hearing into the record. Executive Director of Community Development Tobin Maples gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property with a brief description of the surrounding properties. He stated the Comprehensive Plan does call for low density residential, therefore the request is consistent. Staff recommended approval. 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, Executive Director of Community Services None VI. ADJOURNMENT The Public Hearing adjourned at 6:53 p.m. respectfully §pbmitted by:/ / Zoning Minutes approve submitted and/or corrected this 10 day of dune , 2002, AD Tom Reid, Mayor Page 5 of 5 - 5/13/2002 058 THIS PAGE LEFT INTENTIONALLY BLANK