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2002-07-08 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPlanning and Zoning Commission MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 08, 2002, IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. II. CALL TO ORDER The meeting was called to order at 7:55 p.m. with the following present: P&Z'Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Development Coordinator P&Z Secretary NEW BUSINESS Todd Iocco Kevin McDonald Robert Schemer Don Sederdahl Russ Selemon Mona Phipps Jennifer Gonzales Chairman Iocco decided to vote on agendas item D and E first because the applications are less controversial. D. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1049 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 (Rl) on the following described property, to wit: Zone Change Application No. 1049 Legal Description: Lot 11, Robin Cove Subdivision, Section 2, Brazoria Co., TX, according to the map or plat thereof recorded in Volume 19, pages 185-186, plat records of Brazoria Co., TX (7105 Robin Meadow) Owner: Everett & Liz Alley P.O. Box 3332 Pearland, TX 77588 Commissioner Sederdahl made a motion to forward Zoning Application No. 1049 to City Council for approval. Commissioner Schemer seconded the motion. Motion to approve passed 4 to 0. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 1 of 8 Planning and Zoning Commission E. CONSIDERATION & POSSIBLE ACTION — Zone Change Application Nos. 1044, 1045 and 1045. 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. 1044 Legal Description: 8.750 acres, being Tracts 17A, 17B and 18, 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 thereof recorded in Volume 2, page 23, plat records of Brazoria Co., TX (8210 Brookside Road) Owner: Beatrice Lejsal 8210 Brookside Road Pearland, TX 77581 2. Zone Change Application No. 1045 Legal Description: .6190 acres, being the East 135.66' of Tract 66, Hahl's Figland Orchard Subdivision, as recorded in Volume 3, page 77, Brazoria Co. plat records, Brazoria Co., TX (5920 Fite Road) Owner: Jesus M. Vasquez 3202 Hatfield Road Pearland, TX 77584 3. Zone Change Application No. 1048 Legal Description: 8.11 acres of land, being part of Lot 46, Allison Richey Gulf Coast Home Co.'s Subdivision, Section 80, H. T. & B. R.R. Co. survey, A-564, Brazoria Co., TX, according to the plat recorded in Volume 2, page 98, plat records of Brazoria Co., TX (2657 CR 59) Owner: Jose M. and Sandra R. Martinez 6762 Richwood Houston, TX 77087 Commissioner Scherrer made a motion to forward the Zoning Applications No. 1044, 1045, and 1048 to City Council for approval. Commissioner McDonald seconded the motion. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 2 of 8 Planning and Zoning Commission Motion to approve passed 4 to 0. A. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1043 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Heavy Industrial District (M-2) on the following described property, to wit: Zone Change Application No. 1043 Legal Description: 10.0597 acres, being Lot 3, Allison Richey Gulf Coast Home Co. Subdivision, Section 10, H. T. & B. R.R. Co. survey, A-505, Brazoria Co., TX, as recorded in Volume 2, page 24, plat records of Brazoria Co., TX (7717-7817 Thomson Street) Owner: Marie Thomson 7730 Thomson Street Pearland, TX 77581 Chairman Iocco asked for staff's comments. Development Coordinator Mona Phipps stated the business is an existing use that was grandfathered into the city. She stated the owner can change tenants, however the owner cannot change uses under the present zoning classification. Commissioner Sederdahl questioned how the city defines what use is actually being used. Development Coordinator Mona Phipps replied that for example, if a machine shop changes to a machine shop then that would be acceptable, however it would not be acceptable for a machine shop to change to a paint shop. Commissioner Scherrer made a motion to forward Zoning Application No. 1043 to City Council for denial. Commissioner Sederdahl seconded the motion. Commissioner McDonald asked if the request were to be approved, would the City keep up with making sure the business stays in compliant with regulations (and referred to storage, pouring, etc.). Development Coordinator Mona Phipps explained the EPA and Fire Marshall's office would enforce most of those issues, however they would probably only work off of complaints. Commissioner Sederdahl showed concern regarding how the City would even know what kind of business is really there. Development Coordinator Mona Phipps replied that the City does rely on the applicant to let us know the existing use and what the proposed use of the property is. Commissioner Sederdahl pointed out that in reality the property owners have ultimate flexibility to say whatever for their business use of the property. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter, Page 3 of 8 Planning and Zoning Commission Commissioner Schemer stated the businesses have the ability to continue working in the same fashion as they have the past 22 years. Mr. Cecil Boyles brought pictures for the Commission to review of the property. He stated he appreciates the Commission's consideration for the residents on this request. Chairman Iocco stated there are four homes (three mobile homes and one house) on the property and three commercial buildings. He asked if the Heavy Industrial is granted what would happen to the homes. Development Coordinator Mona Phipps replied the homes could continue to stay on the property as a non -conforming use. The Commission discussed which buildings were actually commercial. Discussion ensued regarding the cell tower, and Development Coordinator Mona Phipps pointed out that a specific use permit is now required for a cell tower. She stated that if the cell tower on the property has a specific use permit then that permit would stay with the tower regardless of the zoning. Chairman Iocco stated he is almost sure the cell tower was put in before this area was annexed or before the ordinance was changed. Cecil Boyken stated that he remembers receiving a notice from the City regarding the land use change for the cell tower. Cecil Boyken stated that he would like to see the City of Pearland get with the City of Brookside and go to Kender Morgan and have them look at the pipeline. Chairman Iocco stated the Commission cannot do anything about the pipeline at this time and the Commission is dealing with the land over the pipeline. He added that situation could be something for the city staff to look into. Motion to deny passed 4 to 0. B. CONSIDERATION & POSSIBLE ACTION — Specific Use Application No. 109 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Light Industrial District (M-1) to Light Industrial District — Specific Use (M -1(S)) for mini -warehouse storage, on the following described property, to wit: Specific Use Application No. 109 Legal Description: 8.2126 acres, being Tract A, out of 17.3151 acres in the H. T. & B. R.R. Co. survey, Section 11, A-239, Brazoria Co., TX (4181 Magnolia Street) Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 4 of 8 Planning and Zoning Commission Owner: Mancel C. Beam 4181 Magnolia Pearland, TX 77584 Commissioner Sederdahl made a motion to forward Specific Use Application No. 109 to City Council for approval. Commissioner McDonald seconded the motion. Commissioner McDonald asked if anything has been built yet and if the property is surrounded by any residential zoning. Development Coordinator Phipps replied the business is not built yet and the property to the south is residential (R-2) with a Commercial buffer along Magnolia. Commissioner McDonald asked if they would still have to conform to the masonry requirement or any architectural overlays although the subdivision to the south is not complete. Development Coordinator Phipps replied they would have to comply. Commissioner Scherrer asked if they were going to make the long building into a mini - storage warehouse. Development Coordinator replied they are and at this time the existing building is not being used. Chairman Iocco asked if there is currently an existing machine shop or a wood shop. Development Coordinator Mona Phipps replied that staff did not get to meet with the applicant, however the application states the existing facility is not being used. Commissioner Sederdahl explained that outside storage is his main concern (boats, trailers, etc). He stated the residents who are going to live across the street are not going to be happy about any outside storage. He asked what Pearland's restrictions are for the mini -storage. Development Coordinator Mona Phipps explained that the ordinance was just revised and if any Commercial/Industrial property adjoins residential zoning then they cannot have any outside storage at all. She explained that the new ordinance would not pertain to this application because it is surrounded by industrial to the north side of the property. Commissioner Sederdahl stated that he could never approve the request unless the approval specified that the specific use permit be for inside storage only. Development Coordinator Mona Phipps pointed out that with a Specific Use Permit the Commission can add stipulations. Chairman Iocco stated that he would rather see a line of RV's in a well-maintained area versus a giant pipeline company with piles of pipe or a fabrication shop, which could very well go in the surrounding Light Industrial area. He explained that we have request for an outside storage facility in a zoning area that is applicable to outside storage. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 5 of 8 Planning and Zoning Commission Commissioner Scherrer stated he does not think the boats and RV's need to be visible from the street directly across from a residential subdivision. Chairman Iocco pointed out that there is another business in the area that is an "eye sore", and the City has not done anything about that company. He suggested some kind of masonry fence be required around the subject property. Commissioner Scherrer recapped their options to either approve the request with stipulations, approve the request as is, or deny the request. Development Coordinator Mona Phipps stated they would not have to provide a masonry fence unless it is specified. Commissioner Sederdahl pointed out that Missouri City does not play games with how they want their businesses to look. He asked what kind of vision is Pearland looking for. He clarified that he doesn't need the fencing to be masonry, however he would like some kind of fencing. Development Coordinator Mona Phipps suggested stating that outside storage cannot be visible from the street. Commissioner Sederdahl brought up the possibility of having the business gated and how nice it would make Pearland look. Chairman Iocco stated that most of the mini -storage companies are already doing that. Chairman Iocco suggested that all outside storage must be surrounded by a continuous structure. A lengthy discussion ensued regarding the different types of fencing and visibility. Commissioner Scherrer amended his motion for approval to add the stipulation that a masonry fence is required and no outside storage must be visible from the surrounding property. Commissioner McDonald seconded the motion. Motion to approve passed 4 to 0. C. CONSIDERATION & POSSIBLE ACTION — Specific Use Application No. 110 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (112) to Single Family Dwelling District — Specific Use (R2(S)) for a daycare, on the following described property, to wit: Specific Use Application No. 110 Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 6 of 8 Planning and Zoning Commission Legal Description: Being a tract of land out of a 31.606 acre tract of the H. T. & B. R.R. co. survey, Section 11, A-239, Brazoria Co., TX (4604 Walnut) Owner: Don & Janell Moore 4604 Walnut Pearland, TX 77581 Agent: Donna Moore Chairman Iocco asked how big the property is. Development Coordinator Mona Phipps replied one acre. Commissioner McDonald asked for staff s recommendation. Development Coordinator Mona Phipps replied staff is recommending approval. Commissioner Schemer stated his concerns regarding the traffic along Walnut Street. Chairman Iocco pointed out that ultimately Walnut Street is going to be a four -lane road. Commissioner Sederdahl asked if the property owner could enlarge the business with a specific use permit. Development Coordinator Phipps replied they could enlarge the facility. Commissioner Sederdahl commented that an acre of land is a lot of land and he is sure the applicant would provide sufficient parking. Commissioner Sederdahl asked for Planner Theresa Grahmann's opinion. Planner Grahmann replied that she would go with star's recommendation for approval. Chairman Iocco referred to the brown spot on the zoning map, which is a barbershop, and the zoning down the street for the other day care center (which turned out nicely). He reminded the Commission that they should think about what kind of vision they want to create for Walnut Street. Commissioner Sederdahl commented that a day care center fits almost anywhere. Commissioner McDonald stated his son goes to a day care along FM 518 in which there is always accidents, so he actually supports this location. Commissioner Sederdahl asked if the Commission could put a stipulation on the request that only the land would be used since the owner is actually buying the lot so the kids would have some additional land to play on. Development Coordinator Mona Phipps replied they could not do that because the applicant is applying for a day care center. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 7 of 8 Planning and Zoning Commission Discussion ensued between staff and the Commission regarding fence requirements. Chairman Iocco stated they are going beyond the scope of their duty and they need to focus on what is the best zoning for the land. Commissioner Scherrer argued that he just wants to make sure this request is appropriate for this property. Commissioner McDonald asked what would have to be brought up to code. Development Coordinator replied that the ADA standards, electrical, plumbing, parking and landscaping would have to be brought up to code. Commissioner Sederdahl suggested that the Commission approve this request and he pointed out that this is a young couple just trying to start a business in a good location. Commissioner Scherrer amended the original motion for approval to add in a stipulation that all play area is fenced. Commissioner Sederdahl seconded the motion. Motion to approve passed 4 to 0. III. NEXT MEETING DATES: July 15, 2002 (Regular Meeting) IV. 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 day of , 2002. Todd Iocco, Planning & Zoning Chairman Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 8 of 8