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2002-03-11 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPlanning and Zoning Commission MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING C0MMISSION OF THE CITY OF PEARLAND, TEXAS, HELD IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARING ON MARCH 11, 2002, IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The regular meeting was called to order at 8:04 p.m. with the following present: P&Z Chairman H. Charles Viktorin P&Z Vice -Chairman Donald Glenn P&Z Commissioner Todd Iocco P&Z Commissioner Kevin McDonald P&Z Commissioner Don Sederdahl P&Z Commissioner Russ Selemon Director of Community Development Gene Tumlinson P&Z Secretary Jennifer Gonzales P&Z Commissioner Robert Scherrer was absent. II. APPROVAL OF MINUTES: March 4, 2002 Commissioner Sederdahl made a motion to approve the March 4, 2002 minutes with a second made by Vice -Chairman Glenn. Commissioner Selemon stated that on page 10, in the third paragraph it should read that he was for "Option C and not just "Commercial". Motion to approve passed 6 to 0. III. NEW BUSINESS A. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE APPLICATION NO. 102 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) Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 1 Planning and Zoning Commission Owner: James and Dorothy Medearis P.O. Box 937 Pearland, TX 77588 Agent: Osborn & Vane Architects, Inc. Commissioner Sederdahl made a motion to forward Specific Use Application NO. 102 to City Council for approval with a second made by Vice -Chairman Glenn. Motion to approve passed 6 to 0. B. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1028 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 Vice -Chairman Glenn made a motion to forward Zoning Application NO. 1028 to City Council for approval with a second made by Commissioner McDonald. Commissioner Iocco asked if it would be in the best interests of the Commission to table this item until their Cullen Boulevard Land Use plan is finished. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 2 Planning and Zoning Commission Vice -Chairman Donald Glenn stated that it would be consistent either way the plan goes. Director of Community Services Tumlinson agreed that it would be consistent whether the plan is changed or not, however the Commission does have the right to table the item if they choose. Commissioner Selemon stated that he has a question regarding the traffic control. He stated that there is no consideration for the non -attendees of the funeral session. He stated that he is ultimately in favor of the request, however until something is done about the traffic he cannot support the request. Chairman Viktorin stated that he has been in that area forever and the business has been good neighbors and he asked if the changing of the zoning would actually have an impact on traffic. Janice Howard stated that all the only reason they are requesting the zone change is so they can add a luncheon room for their employees. Mrs. Howard stated that she is very well aware of the traffic problem. She pointed out that the favorite hour for the funerals are around 11:00 a.m. on Saturday. Commissioner Selemon asked if the owners had any input on the police escorts and he asked if maybe they could break in between the different sessions to allow for some cars to pass. He stated that he has witnessed the passing of three different funerals and they did not allow any cars to pass in between them. Commissioner Sederdahl stated that this sounds like more of a City Council issue. Director of Community Development Tumlinson stated that traffic is not controllable because they're coming from other areas and the traffic issue of Cullen Boulevard would be addressed when it comes time for expansion. Mrs. Howard stated that the cemetery has been there for 50 years and it has existed before these residences and most of them are not here complaining anyway. Motion to approve passed 5 to 1. Voting Record: "Aye" — Chairman Viktorin, Vice -Chairman Glenn, Commissioner's Iocco, McDonald and Sederdahl. "No" — Commissioner Selemon. Commissioner McDonald thanked Mrs. Howard for provided the public services they are providing and he knows it is a tough job. C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1029 Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 3 Planning and Zoning Commission 25 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 Commissioner Iocco made a motion to forward Zoning Application No. 1029 to City Council for approval with a second made by Commissioner Sederdahl. Mr. Vaughan stated that he has a question regarding the fencing and asked if it had to be masonry. He stated that with his creativeness as a landscaper he feels that he could do something that looked better such as 20' redwood then 20' petunias and 20' redwood and 20 petunias, etc. Commissioner Iocco suggested that Mr. Vaughan build the masonry fence. He stated that he would have a hard time approving anything other then the masonry fence. Mr. Vaughan questioned how the other Commissioner's felt. Chairman Viktorin replied that he might want to get with the Commission on an individual basis outside of the meeting. Chairman Viktorin explained that he not feel comfortable having his Commissioners agree to anything outside of the proposed agenda item. Director of Community Development Tumlinson reassured the Commission in regards to the gentleman who spoke in opposition of this request. He stated that the drainage plan would be reviewed at the time of the site work and building permit application. Mr. Tumlinson stated that the drainage would go to FM 518. Chairman Viktorin thanked Mr. Vaughan for the time he has spent with the Commission on this project. Motion to approve passed 6 to 0. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 4 Planning and Zoning Commission D. CONSIDERATION & POSSIBLE ACTION - SPECIFIC USE APPLICATION NO. 103 & 104 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 Commissioner McDonald made a motion to table the Specific Use Application Nos. 103 and 104 until the developer and the owner of the land settle any disputes with the tenants. Commissioner Sederdahl seconded the motion. Director of Community Development Tumlinson stated that from his understanding the trailer park is not a part of the detention area. He explained that the Commission has every right to table the requests, however Home Depot is on a major time frame. Chairman Viktorin ended discussion and called for a vote. Motion to table failed 1 to 5. Voting Record: "Aye" — Commissioner Selemon. "No" — Chairman Viktorin, Vice -Chairman Donald Glenn, Commissioner's Iocco, McDonald, and Sederdahl. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 5 Planning and Zoning Commission Commissioner Iocco made a motion to forward Specific Use Application Nos. 103 & 104 to City Council for approval with a second made by Commissioner Sederdahl. Commissioner Selemon stated that he is confused because he saw the slides, which contained the mobile home park. He also stated that he overheard in the discussion that the mobile homes are on the subject property that is being used for drainage. He stated that this is why he voted for the tabling of these requests. Chad Moss, agent for the owners, stated that they are only under a contract to acquire the property. He stated the developer has been in contact with Mrs. Wooten, an 80 -year old woman who is the owner of the mobile home park. He pointed out that the people who spoke are renters and this is the first time any of this has been brought to his attention. Commissioner Iocco stated that in the first chapter of the ordinance it states that the Commission is to look out for the safety and morals of the citizens. Mr. Iocco stated that he would like to make a motion to table the motion for approval until they receive written notification from the owner, Mrs. Wooten, stating that something has been worked out. Commissioner Selemon seconded the motion. Motion to table the motion for approval failed 3 to 3. Voting Record: "Aye" — Commissioner's Iocco, McDonald, and Selemon. "No "— Chairman Viktorin, Vice -Chairman Glenn, and Commissioner. Commissioner McDonald expressed his concerns for setting a precedent by sending this to City Council for approval. Chairman Viktorin called for a vote on the original motion for approval. Motion to approve passed 4 to 2. Voting Record: "Aye" — Chairman Viktorin, Vice -Chairman Glenn, Commissioner's Iocco and Sederdahl. "No" — Commissioner's McDonald and Selemon. E. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE APPLICATION Mefiw-1iZli 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 Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 0 Planning and Zoning Commission 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 Vice -Chairman Glenn made a motion to forward Specific Use Application No.101 to City Council for approval and Commissioner Selemon seconded the motion. Commissioner Iocco stated that this is a wonderful asset to the community. Commissioner Selemon agreed that it is a wonderful asset with the comment that if there are any members of the church on the Commission or City Council that they would abstain. He explained that he feels this way so that there would not be any hold ups on the Church to get started. Chairman Viktorin stated that he is a member therefore he will be abstaining from the vote. Motion to approve passed 5 to 0 (1 abstention by Chairman Viktorin). F. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1027 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 Pcarland, TX 77584 Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 7 Planning and Zoning Commission Commissioner Iocco made a motion to forward the Zoning Application No. 1027 to City Council for approval with a second made by Commissioner McDonald. Commissioner Iocco questioned if the owner was building one or three homes on the lots and the owner was not present to respond. Motion to approve passed 6 to 0. G. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1026 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 Commissioner Iocco stated that for a point of information he would like to ask if the Veterans Road amendment has been approved. Director of Community Development Tumlinson replied that it was approved on the 25th of February. Vice -Chairman Glenn made a motion to forward Zoning Application No. 1026 to City Council for approval with a second made by Commissioner Iocco. Commissioner Selemon stated that Tobin Maples brought up the possibility of the Heavy Industrial zoning's coming back. He stated that he would be much more favorable of the request if there was a physical barrier between the residency and the railroad. Commissioner Iocco agreed. Motion to approve passed 6 to 0. H. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NOS. 1024 & 1025 Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 8 Planning and Zoning Commission 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 %2 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 Commissioner Iocco made a motion to forward Zone Change Application Nos. 1024 and 1025 to City Council for approval with a second made by Vice -Chairman Glenn. Motion to approve passed 6 to 0. IV. NEXT MEETING DATE: March 18, 2002 —Regular Meeting March 25, 2002 —No Meeting V. ADJOURNMENT The meeting adjourned at 8:59 p.m. These minutes respectfully submitted by: Jennifer Gonzales, Planning & Zoning Secretary Minutes approved as submitted and/or corrected on this f day of ARQIL , 2002. Charles Viktorin, Planning & Zoning Chairman Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. 9