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.
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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.
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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,
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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.
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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.
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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.
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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.
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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.
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