Loading...
2002-09-09 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESooi MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 9, 2002, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The Meeting was called to order at 6:40 p.m. with the following present: Mayor Tom Reid Council Member Woody Owens Council Member Klaus Seeger Council Member Richard Tetens Council Member Charles Viktorin P&Z Chairman Todd Iocco P&Z Vice -Chairman Russ Selemon P&Z Commissioner Ray Bacon P&Z Commissioner Sheryl Greiner P&Z Commissioner Ruby Sandars P&Z Commissioner 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. Mayor Pro -Tem Larry Marcott and P&Z Commissioner's Robert Scherrer and Don Sederdahl were absent. ZONING APPLICATION NO. 1061 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:41 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 Light Industrial District (M-1) on the following described property, to wit: Zone Change Application No. 1061 Legal Description: 4.951 acres, A-219 of the H.T.& B.R.R. Company Survey, Tract 10A, recorded in Volume (88) 570, Page 393, of the Official Records of Brazoria County, TX (1617 Garden Road) Owner: Texas Underground, Inc. 1617 Garden Road Pearland, Texas 77581 1 Agent: Thomas K. Stoneman and Betty Stoneman P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated that this area was annexed in 1999. He explained this request is similar to other requests on Garden Road that have existing businesses on it, therefore staff is recommending approval to stay consistent. He stated the Comprehensive Plan calls for Single Family Dwelling District. Mr. Maples added that the request is compatible with the mixed uses on Garden Road. Public Comment Forms were mailed to 16 Property Owners and none were returned. Mr. Maples showed slides and gave a brief description of the surrounding properties. He stated the main business use is for refurbishing vehicles and then reselling them. IV. APPLICANT PRESENTATION Tommy Stone, president, stated he has been there since 1988, started with three employees, and now they employee 66 people. He stated the business is a $10,000,000 business and they are growing. Mr. Stone explained they need the requested zoning in order to add facilities for the future. He stated they deal with cities all over the United States and they are a family business. He thanked everyone for his or her time. V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Cynthia Pate, 1622 Garden Road, Pearland, TX stated that the abandoned house Mr. Maples spoke of is the -house she has lived in since 1977. She stated that was one bit of false information during the presentation — so if there was one then there is probably more. She stated the area is "Suburban Development" and the other manufacturing companies are south of Sharon. She stated she has question on any contained waste or disposable waist because the residents all have water wells. Mrs. Pate added the company is very close to the elementary school and McHard is supposed to go right through the property. She is opposed and asked again what do they do with the waist (i.e., solvents, cleaning supplies). Kevin Steele, 1637 Garden Road, Pearland, TX 77581 stated that he has a manufactured house and has lived there for over 10 years. He explained that giving this zoning would allow the company to grow and that would uproot him and his neighbors. He stated in response to Mrs. Pate's question about chemicals, the company does have paint because it is all over the trees (so it is not maintained). He added the company has a slight noise pollution problem. He agreed the company probably does bring in more money, but they all pay taxes and live there. He stated if they want to grow they should move on like the residents would have to if they expanded. F) 003 Jean Raider, Garden Road, stated that she grew up in Pearland and she practices law. She stated she is an attorney. She stated that knows the people who have already spoken and she was also taken by the "abandoned house" comment. She explained her interpretation of the City and how it is being divided into grids. She stated Pearland used to be all about raising families. She stated that she objects to the location by the elementary school and also what chemicals would go into the water table. She stated she is also concerned for the people on O'day Road. VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Tetens stated that City Council needs to take a look at this area (Garden Road). He stated there is mixture of uses, however it is not a good mix because it is a mix of Industrial and Residential. He added they need to make it all residential or all industrial. Mr. Tetens stated this is poor planning. Council Member Viktorin asked if Mr. Steel is being forced off of his property. Mr. Steel replied that his is not at this time. Vice -Chairman Selemon stated that on the application it states Texas Underground has purchased some property to the north for additional parking. Vice -Chairman Selemon asked to see which property is being purchased. Development Coordinator Mona Phipps showed the slides. Executive Director of Community Services Tobin Maples apologized for stating that house was vacant. He explained that comment was based off two field inspections and he did not see any cars in the driveway. City Attorney Darrin Coker stated that on Garden Road there are 9 other zonings that consist of M-2, M-1, or Commercial. He stated his recommendation is for the zoning to be granted. He explained that was is unique in that all cases have been granted is that they all have businesses on the property. He added that if a vacant piece came in for his zoning he would recommend denial. VII. ADJOURNMENT The Joint Public Hearing adjourned at 7:00 p.m. ZONE CHANGE APPLICATION NO. 1064 AND SPECIFIC USE APPLICATION NO. 112 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:01 p.m. 3 U04 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 — Specific Use (C (S)) for outside storage, on the following described property, to wit: Zone Change Application No. 1064 and Specific Use Application No. 112 Legal Description: 4.9990 acres, being the south 1/2 of Lot 3, and 4.990 acres being the north 1/2 of Lot 3 of the Allison Richey Gulf Coast Home Co. Suburban Gardens Subdivision of Sec. 19, H.T.& B.R.R. Co. Survey, A-243, according to the map or plat recorded in Volume 2, Pages 23-24, Plat Records of Brazoria County, TX (1805 Cullen Boulevard to 1855 Cullen Boulevard) Owner: Allison Investments 1855 Cullen Boulevard, Suite 113 Pearland, Texas 77581 Agent: Gil Allison P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated staff recommends approval. He stated the owner is looking to make expansions and to bring in more tenants. Mr. Maples explained this property is in the corridor of Cullen Blvd, which has been studies extensively. Public Comment Forms were mailed to 11 property owners and none were returned. He showed slides and gave a brief description of the surrounding properties. IV. APPLICANT PRESENTATION Gilbert Allison, 1855 Cullen Blvd, Pearland, TX 77581 stated that has been there for four years and has done a lot of working with the city. He stated this recommendation carne from Development Coordinator Mona Phipps. He stated he would like to continue doing the work he has been doing. V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST NONE 0 005 VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Seeger asked if the owner is going to expand. Gilbert Allison stated that the property is 10 -acres, and to be realistic, the best use of the property would probably be a strip center. He stated he doesn't see that happening for a few years. Chairman Iocco asked where the buildings are. Mr. Allison replied the buildings are on the northern lot (5 acres). Council Member Owens asked if they have to comply with the masonry fence requirement. Executive Director of Community Services Tobin Maples stated that where there is residential zoning adjacent to the property they would have. Mr. Maples stated the owner does have the right to go before the Zoning Board of Adjustments for a variance. VII. ADJOURNMENT The Joint Public Hearing adjourned at 7:15 p.m. ZONE CHANGE APPLICATION NO. 1052 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:16 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Planned Unit Development (PUD) to Planned Unit Development (PUD), an amendment to remove a golf course, on the following described property, to wit: Zone Change Application No. 1052 Legal Description: 527.062 acres out of the D.H.M Hunter Survey, A-76, Brazoria County,TX, A-36 Harris County, TX, H.T.&B.R.R. Survey, A- 233, Brazoria County,TX; 15.755 acres, Lots 30-32, 39, and 40, and 6 acres out of Lots 42 and 43 Walcott's Subdivision, Brazoria County, TX; (Old Alvin Road at McHard Road) 00G Owner: Beazer Homes, U.S.A 10235 West Little York, Suite 240 Houston, Texas 77040 Agent: I . Kerry R. Gilbert & Associates, Inc. P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated that the golf course is no longer a part of the Planned Unit Development. He pointed out where the lakes are is where the golf course used to be. He stated that in the amendment some land was picked up therefore the density changed from 800 to 835 homes. Mr. Maples stated that no building permits would be issued once the maximum is met. He stated staff is recommending approval and showed slides of the property. IV. APPLICANT PRESENTATION Kerry Gilbert of Kerry Gilbert & Associates, Inc. stated that he is present with Dan Olson of Beazer Homes and with LJA Engineering. He stated that Tobin Maples basically covered everything. Mr. Gilbert commented that they have spent a number of hours work -shopping with City Council and P&Z. He stated they would have loved the golf course, however they could not financially pull it off. He added that 35 lot have been added and he feels the development would be an improvement to the Community. V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST 04— �1 VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Tetens stated that he has went over the differences. He stated that the previous PUD had 800 lots at 1.64 homes per acre and the new PUD has 835 lots at 2.12 homes per acre. He questioned what the tract across the street would be used for. Mr. Tetens is favorable of the different uses of the residential zoning. Kerry Gilbert replied that the tract across the street is completely in the flood plain, therefore the best use is probably a park or open space. He stated they have been in discussion with Harris County regarding the property, however they are unsure at this time. no 007 Council Member Seeger commented the overall density is still good. Chairman Iocco stated that when the golf course plan was in effect there was a bridge for the golf carts to cross over to the other property. Mr. Gilbert replied that if a park is put on that property they would still build a bridge. Commissioner Greiner asked what made them change their mind after the approval of the Planned Unit Development that took place over a year ago. Kerry Gilbert replied they could not get anyone to finance or instruct the golf course. VII. ADJOURNMENT The Joint Public Hearing adjourned at 7:25 p.m. ZONE CHANGE APPLICATION NO. 1062 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 District (SD) to Office and Professional District (OP) on the following described property, to wit:, Zone Change Application No. 1062 Legal Description: 0.6740 acres, out of the H.T.& B.R.R. Company Survey, A-546, Brazoria County Official Records, Brazoria County, TX (3806 Harkey Road) Owner: Elizabeth M. Bains 3402 Windsor Street Pearland, Texas 77581 Agent: Bennie R. Morgan P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated that the applicant would like to turn the vacant building into a daycare, which is allowed in Office Professional. 7 008 He stated that all the elements have been reviewed and staff is recommending approval - based on the premises that Harkey Road is going to be a four -lane corridor. He stated this is the first request of this kind for Harkey Road, and reminded the Council and Commission that they could be setting a precedent. He stated the proposed request is not consistent with the Comprehensive Plan. He showed slides and gave a brief description of the surrounding properties. Staff recommended approval. IV. APPLICANT PRESENTATION Bennie Morgan, 17325 McLean, Pearland, TX stated that this was a daycare back in the 80's and the building has been vacant. He stated that he and his wife would like to reopen a daycare center. He is requesting zoning so they can do work on the building to get the business going. V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Elizabeth Bains, 3402 Windsor, Pearland, TX stated that there was a comment about this property as a "residence". She clarified this property has never been used a residence. She stated there used to be a daycare and the layout of the building is suitable for another daycare center. She is in support of the request. VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Tetens stated that Office Professional is probably a good designation for the area because it is the most restricted use for business. VII. ADJOURNMENT The Joint Public Hearing adjourned at 7:36 p.m. ZONE CHANGE APPLICATION NO. 1060 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:37 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-1) on the following described property, to wit: Zone Change Application No. 1060 Legal Description: Robin Cove Subdivision Section 2, A-234, H.T.& B.R.R. Company Survey, Block 1, Lot 10, according to the map or plat recorded in Volume 19, Page 185 of the Plat Records of Brazoria County, TX Owner: Rictor and Caroline Harris 4307 Halloway Drive Houston, Texas 77047 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated the request is consistent with the Comprehensive Plan and the surrounding area. He stated staff is recommending approval and showed slides with a brief description of the surrounding area. IV. APPLICANT PRESENTATION NONE V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST NONE VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples. Executive Director of Community Services Mayor Tom Reid read into the record that a Public Comment Form was turned in from Todd and Wendy Standorf, 7125 Robin Meadows, in support of the request. VII. ADJOURNMENT The Joint Public Hearing adjourned at 7:38 p.m. ZONE CHANGE APPLICATION NO. 1063 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:39 p.m. II. PURPOSE OF HEARING V1 U09 1110 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-1) on the following described property, to wit: Zone Change Application No. 1063 Legal Description: Block 1, Lot 76, Somersetshire Estates A-304 H.T.& B.R.R. (9622 Camelots Court) Owner: Santos Cruz 9622 Camelots Court Pearland, Texas 77584 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated that this property was annexed in the late 90's as Suburban Development (SD) and there is currently a manufactured home on the property. He stated that they are asking for R-1 in order to build a carport and possible a house at a later date. He 'showed slides of the property and gave a brief description of the surrounding property. Staff recommended approval. IV. APPLICANT PRESENTATION NONE V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST NONE VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services NONE VII. ADJOURNMENT The Joint Public Hearing adjourned at 7:41 p.m. ZONE CHANGE APPLICATION NO. 1059 I. CALL TO ORDER 10 t;l The Joint Public Hearing was called to order at 7:42 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 (R -E) on the following described property, to wit: Zone Change Application No. 1059 Legal Description: Lot 8 of Bethel Subdivision Section 1, Brazoria County, recorded in Volume 19, Pages 223-224 of the Plat Records of Brazoria County, TX Owner: Josephine Sam 10413 Chesterfield Houston, TX 77051 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated that staff recommends approval. He showed slides of the property and gave a brief description of the surrounding property. IV. APPLICANT PRESENTATION NONE V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST NONE VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services NONE VIII. ADJOURNMENT The Joint Public Hearing adjourned at 7:45 p.m. 11 U12 Minutes respectfully s tted by: Jen #er- Go le fanning oning Secretary Minutes approved su mitted and/or Tom Reid, Mayor corrected this 14th day of October, 2002, AD 12