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2002-10-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES061 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 21, 2002, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The Meetin was called to order at 6:35 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Woody Owens Council Member Larry Marcott Council Member Klaus Seeger Council Member Richard Tetens Council Member Charles Viktorin P&Z Vice -Chairman Russ Selemon P&Z Commissioner Ray Bacon P&Z Commissioner Sheryl Greiner P&Z Commissioner Ruby Sandars 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 Chairman, Todd Iocco, Commissioner's Robert Scherrer and Don Sederdahl were absent. ZONING APPLICATION NO. 1070 AND SPECIFIC USE APLLICATION NO. 117 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:35 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 — Specific Use (C(S)) for storage and mini -warehouse uses, on the following described property, to wit: Zone Change Application No. 1070 and Specific Use Application No. 117 Legal Description: 4.690 acres, Abstract 300, H.T. & B.R.R. Company Survey, Tract 42-43 (Southwest Corner of S.H. 288 and F.M. 518) Owner: Dennis Murphree TR DEM # 20 550 Westcott, Suite 245 1 «67 Houston, Texas 77007 Agent: IOsborn & Vane Architects, Inc. P&Z Vice -Chairman Russ Selemon read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples gave a brief description of surrounding property, which is located in the Southwest corner of Hwy.288 and F.M. 518. Mr. Maples stated the City of Pearland's Comprehensive Plan recommends "Business Park", therefore staff is recommending "General Business" or "Commercial". Tobin stated there is nothing out there, so this decision could set a precedent. He stated staff recommends approval of zoning; but denial of,Specific Use Application. IV. APPLICANT PRESENTATION Jason Chapman, Osbourn & Vane Architects, 2000 Bering Dr., Ste. 410, Houston, Texas 77547 stated this is a unique piece of property. He stated this property has a lot of handicapped issues; road is not on thoroughfare plan to be improved. Mr. Chapman stated the best use would be a regional storage facility, not a shopping center. He stated a large portion would be climate controlled. 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 6:45 P.M ZONE CHANGE APPLICATION NO. 1066 AND SPECIFIC USE APPLICATION NO. 112 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:46 P.M. II. PURPOSE OF HEARING 2 063 Survey, Brazoria County, Texas (5119 Fite Road) 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 — Specific Use (GB(S)) for storage and mini -warehouse uses, on the following described property, to wit: Zone Change Application No. 1066 and Specific Use Application No. 114 Legal Description: 8.45 acres, Abstract 242, Section 17, H.T. & B.R.R. Company Owner: Howard Bright 2303 Cunningham Drive Pearland, Texas 77581 Agent: Michael Pollak P&Z Vice -Chairman Russ Selemon read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated the City of Pearland's Comprehensive Plan shows this area to be low density. Mr. Maples stated the requested zoning is compatible with its surrounding use. He added the property may not be desirable for residential uses. He showed slides and gave a brief description of the surrounding properties. He stated staff recommends approval of zoning and specific use application. IV. APPLICANT PRESENTATION Mike Pollak, 10223 Broadway, Pearland, TX 77581, owner of Broadway Storage in front of Silverlake, stated that a small amount of the property adjoins residential area, however, they would build any necessary fences, and this would be a quality project like our other projects. V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Jack McGuff, 2850 Westchester, stated he is neither for nor against. He stated he owns the three residential properties that back up to property. Mr. McGuff stated his concerns were if a six foot masonry fence would be required, and the plans for drainage/detention facilities. VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services 9 0611 Mayor, Tom Reed asked for clarification on masonry fence. Executive Director of Community Service, Tobin Maples, replied the property adjacent to the eastern side that is already Residential would require a six foot fence. He explained that if Mr. Pollak gets his building permit before the Suburban Development area is changed into Residential then that section would not require a six foot fence. VII. ADJOURNMENT The Joint Public Hearing adjourned at 6:55 p.m. SPECIFIC USE APPLICATION NO. 116 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 General Business District (GB) to General Business District — Specific Use (GB(S)) for attached townhome units, on the following described property, to wit: Specific Use Application No. 116 Legal Description: Lots 13, 14, 15, and 16, Block 25, of Pearland Townsite, an addition to Brazoria County, Texas, according to the plat or.map recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas (Park Avenue north of Walnut Street) Owner: Darlene Abshire 2419 Evergreen Drive Pearland, Texas 77581 Agent: Jimmy Ellis P&Z Vice -Chairman Russ Selemon read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Services Tobin Maples stated the Specific Use is for attached townhome units. He stated that City Council would probably be given an opposition map depending on the percentage of opposition. He stated if there is more than 20% then the request would require a super majority vote. The Comprehensive Plan 4 065 calls for Village District, and that description has not been written yet. He stated staff is recommending approval. IV. APPLICANT PRESENTATION Robert Abshire, owner of lots 13-16 on Walnut Street, stated these town homes would offer a solution for younger and older crowds. Mr. Abshire stated the proposed town homes would be nice and high quality. V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Pat Lopez, 3209 Dixie Farm, stated he was the owner of 2505 Park, and he is not in favor of the proposed town homes. He stated he would like to see a consistency with the area. Mr. Lopez stated he had some concerns with retention, and also agrees with the hospital, he hopes it will open. Tom Alexander, 1803 Washington Irving, stated he owns six lots to the north, and he also represents his aunt who owns eight lots to the south. Mr. Alexander stated he would like to see it remain "General Business", and he believes that the property is more desirable for business uses. Rick Sims, 1931 Timber Creek, stated he is a current business owner at 2438 Park Street and 3702 Pear Street, and is opposed. Mr. Sims stated that he would like to see it remain "General Business". He stated town homes would create a hodgepodge with the area, and it would be consistent to keep it "General Business". VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services None VII. ADJOURNMENT The Joint Public Hearing adjourned at 7:05 p.m. ZONE CHANGE APPLICATION NO. 1067 AND SPECIFIC USE APPLICATION NO. 115 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:07 p.m. II. PURPOSE OF HEARING 5 06 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 — Specific Use (R-E(S)) for a day care facility, on the following described property, to wit: Zone Change. Application No. 1067 and Specific Use Application No. 115 Legal Description: 0.6740 acres, George C. Smith Survey, Abstract 546, Brazoria County, Texas (3806 Harkey Road) Owner: Elizabeth Bains 3402 Windsor Street Pearland, Texas 77584 Agent: Bennie Morgan P&Z Vice -Chairman Russ Selemon read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Development Tobin Maples stated staff brought this application forward a month ago as "Office Professional". He stated there were several concerns about what would happen if ownership ever changed. He stated the Specific Use would allow for a day care. Staff is recommending approval. IV. APPLICANT PRESENTATION Elizabeth Bains, 3402 Windsor, stated this property was built as a daycare and designed for that use. Mrs. Bains stated she thinks this would be the best use for this property. 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 7:10 p.m. ZONE CHANGE APPLICATION NO. 1069 T I. CALL TO ORDER U67 The Joint Public Hearing 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 Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: Zone Change Application No. 1069 Legal Description: 8.11 acres, being the west 544.41 feet of Lot 56 of the Allison Richey Gulf Coast Home Company Subdivision of Section 80, H.T. & B.R.R. Company Survey, Abstract 564, according to the plat recorded in Volume 2, Page 98, Plat Records, Brazoria County, Texas (County Road 59) Owner: Trach Xuan Mai and Tran Thi Yen 4111 Airline Friendswood, Texas 77546 Agent: James M. Johnson P&Z Vice Chairman Russ Selemon read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Development Tobin Maples gave a brief description of surrounding properties. Mr. Maples stated the City of Pearland's Comprehensive Plan shows low density and this request is consistent with Single Family Dwelling District R- 1. He stated staff is recommending approval. IV. APPLICANT PRESENTATION James Johnson, 900 Apollo Lane, Houston, Texas, stated 40 acres of this property was designated as R-2. Mr. Johnson stated this is eight acres next to the R-2 project, and we are working on 20 acres to the north. V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION 7 Mr. Tobin Maples, Executive Director of Community Services None VII. ADJOURNMENT The Joint Public Hearing adjourned at 7:15 p.m. ZONE CHANGE APPLICATION NO. 1068 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 Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: Zone Change Application No. 1068 Legal Description: 1.50 acres, being part of Lot 9, Allison Richey Gulf Coast Home Company Subdivision, a subdivision in Section 20, H.T. & B.R.R. Company Survey, Abstract 506, Brazoria County, Texas (2329 Sterling Drive) Owner: Emir Guevara 2329 Sterling Drive Pearland, Texas 77584 P&Z Vice -Chairman Russ Selemon read the purpose of the hearing into the record. III. STAFF REPORT Executive Director of Community Development Tobin Maples stated the City Of Pearland's Comprehensive Plan calls for Residential, and staff recommends approval. IV. APPLICANT PRESENTATION Emir Guevara, 2329 Sterling Drive, stated he would like to construct a garage on an existing concrete slab. V. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST 069 David Consoloman, 1321 Crystal Lakes, stated how deep is garage, Mr. Guevara replied 24x30. VI. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services None VII. ADJOURNMENT The Joint Public Hearing adjourned at 7:21 p.m. Minutes respectfully submitted by: sh Brous rd, Planning & Zoning Secretary Minutes apprved as ubmitted and/or corrected this 11th day of November, 2002, AD Tom Reid, Mayor 9 THIS PAGE LEFT INTENTIONALLY BLANK