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2002-09-09 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESPlanning and Zoning Commission MINUTES OF A REGULAR MEETING FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 9, 2002, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The meeting was called to order at 7:55 p.m. with the following present: 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 Executive Director of Community Services Tobin Maples Planner I Theresa Grahmann Development Coordinator Mona Phipps P&Z Secretary Jennifer Gonzales Commissioner's Robert Scherrer and Don Sederdahl were absent. II. APPROVAL OF MINUTES: August 12, 2002 Commissioner Greiner made a motion to approve the August 12, 2002 with a correction. Vice -Chairman Selemon seconded the motion. Commissioner Greiner stated on page 8 there is a reference to Ken Caffey as Commissioner Caffey. She asked that "Commissioner" be removed. Motion to approve passed 5 to 0. III. NEW BUSINESS Chairman Iocco made a motion to act on items G, H, and I so they can do the residential applications first. Vice -Chairman Selemon seconded the motion. Motion to approve passed 5 to 0. G. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1060 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: Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 1 of 13 Planning and Zoning Commission 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 Commissioner Sandars made a motion to forward Zone Change Application No. 1060 to City Council for approval. Vice -Chairman Selemon seconded the motion. Motion to approve passed 5 to 0. H. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1063 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 Commissioner Bacon made a motion to forward Zone Change Application No. 1063 to City Council for approval. Commissioner Greiner seconded the motion. Motion to approve passed 5 to 0. I. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1059 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: ivussion statement: Yo make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 2 of 13 Planning and Zoning Commission Zone Change Application No. 1059 Legal Description: Lot 8 of Bethel Subdivision Section 1 BrazoriaCount recorded in Volume Brazoria County, TX Owner: Josephine Sam 10413 Chesterfield Houston, TX 77051 1 Yf 19, Pages 223-224 of the Plat Records of Commissioner Bacon made a motion to forward Zone Change Application No. 1059 to City Council for approval. Commissioner Sandars seconded the motion. Chairman Iocco stated he could not find the acreage or width and he wants to make sure it meets the RE requirements. He recommended approving the application with the stipulation that staff verify the lot width and size requirements. Josephine Sam, owner, showed a survey to the Commission and verified the lot width is 133', which meets the necessary requirements for RE zoning. Motion to approve passed 5 to 0. A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1050 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Planned Unit Development (PUD) on the following described property, to wit: Zone Change Application No. 1050 Legal Description: 40 acres, located in the F.B. Drake Survey, H. T. & B. R.R. Co. survey, Section 14, A-509, Brazoria Co., TX (Northeast corner of Harkey Road and Bailey Road) Owner: Kirby Run Associates, L.P. 4719 Backenberry Drive Friendswood, TX 77546-3138 Agent: Peter Boescher of Vernon Henry and Associates, Inc. Executive Director of Community Services Tobin Maples explained that this PUD was presented last month at a Joint Public Hearing and there was a lot of opposition by the residents. He stated the landowner has met with the residents and they have added ivubsion Statement: ro make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 3 of 13 Planning and Zoning Commission restrictions on the "Neighborhood Services" section. Mr. Maples reminded the Commission that they do not have to come back for a Joint Public Hearing when they develop the "Neighborhood Services" section. He explained to the Commission that the application would have been brought back to the Commission at the discretion of City Council, so he decided to take one step ahead by bringing the application to Planning and Zoning for a new recommendation. Commissioner Bacon stated that one of the biggest discrepancies was on the "R-1" vs. "R-2" issue. Commissioner Sandars stated that the concern she had was with the width of the lots. Peter Boescher of Vernon Henry and Associates, Inc. stated that Mr. Pierre Nys has made a number of phone calls and has held several meetings with the residents. He explained that they made some prohibitions as to what would be allowed in the "Neighborhood Services" section. He listed some examples as: 1. No Commercial 2. No Auto Car lot 3. No Gas Station 4. No Automobile uses 5. No convenient stores 6. No appliance repair shops 7. No Laboratory, Scientific or Research Mr. Boescher showed the Commission the "R-1" layout, which consisted of 84 lots and that is 12 more lots then what they are proposing with the Planned Unit Development. He showed the "PUD" layout and explained the average lot size is more then 10,000 square feet. Chairman Iocco asked what the density per acre is. Mr. Boescher replied that the density per acre for the PUD is 2.9 homes and for the "R-1" plan is 3.4 homes. Vice -Chairman Selemon asked if the lots are still 65'. Mr. Boescher replied that some are. Mr. Boescher reminded the Commission that the Comprehensive Plan does call for Low Density Residential. Betsy Scofield, Builder for Ravenwood, stated that she is very much in favor of the development. She explained she did not have enough information at first and Mr. Nys gave an excellent presentation to the residents. She stated that the residents were concerned about the "Commercial" development and when she saw the layout of Ravenwood Estates Section Three, there was also "Commercial". Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 4 of 13 Planning and Zoning Commission Commissioner Sandars asked what is left to go there. The Commission replied dental offices, hair salons, coffee shops, etc. Vice -Chairman Selemon stated he recalled the property owners being upset about the owner not meeting with them. Chairman Iocco thanked Mr. Nys for doing his homework and meeting with the residents. Meta Kirby, resident, stated that she lives to the south of the project and she is in the ETJ. She complimented the developer and stated her major concern was the possibility of a gas station. Commissioner Bacon made a motion to forward Zone Change Application No. 1050 to City Council for approval. Vice -Chairman Selemon seconded the motion. Motion to approve passed 5 to 0. B. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1051 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development Business District (SDB) to Single Family Dwelling District (R-1) on the following described property, to wit: Zone Change Application No. 1051 Legal Description: 48.2221 acres, being all of Tract 1 and a portion of Tract 2, of the B.M. Jamison Tract, situated in Section 1 of the A.C.H. & B. Survey, A-147, and the T.D. Yocum Survey, A-399, Brazoria Co., TX (John Lizer at Pearland Parkway) Owner: Amvest Properties, Inc. 7676 Woodway, Suite 238 Houston, TX 77063 Agent: Ken Caffey Executive Director of Community Development Tobin Maples stated this situation is being brought to the Commission for identical reasons as the previous application. He explained he just took one step ahead by bringing the application forward to the Commission. Ken Caffey, stated that he is giving the City their "Crown Jewel." He explained they looked at the surrounding zoning and had originally requested "R-2", however they have Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 5 of 13 and Zoning Commission decided to go to "R-1". He asked for the Commission's approval so they can get the project going. Commissioner Sandars asked what the lot sizes are. Mr. Caffey replied 80'. Commissioner Bacon made a motion to forward Zone Change Application No. 1051 to City Council for approval. Vice -Chairman Selemon seconded the motion. Commissioner Bacon stated that he disagrees with "RE" for this particular area, which is surrounded by "R -2's." He stated that he feels "R-1" is the correct zoning. Chairman Iocco stated that he is concerned about having straight "R-1" could mean a possible 84 lots. He stated that this is a good piece of property that has a rectangular shape. He explained they could end up with more lots if they zone the property as "R-1" then if they zoned the property as an "R-2 PUD". He stated he doesn't know how he is going to vote at this time. Vice -Chairman Selemon stated that he has to lean more with Commissioner Bacon's argument. He stated that with an "R-2 PUD" there would probably be "General Business" in the resident's backyard. Commissioner Sandars asked what amenities there would be. She stated she would like to see more green space. Executive Director of Community Services Tobin Maples stated that the owner is just seeking zoning of the land at this time. He gave a brief description of the City's Parkland Dedication Ordinance, which would be enforced during the platting stages. Vice -Chairman Selemon agreed that it is not there decision for the amenities or green space and they are just zoning land. Executive Director of Community Services Tobin Maples pointed out that this is a good example of what is allowed in straight R-1 vs. a Planned Unit Development. Commissioner Sandars called for question. Commissioner Greiner stated that she has one question. She stated that she has driven through the developers other subdivisions and she would like to know what kind of development he is planning. Mr. Caffey replied that the price range is going to be from $150,000 - $250,000, and there are bigger lots vs. the R-2 or R-3 zoning. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 6 of 13 Planning and Zoning Commission Commissioner Sandars stated that she would like to know if it's going to be "square" or "curvy". Mr. Caffey stated that the subdivision would have some "pizzazz". Motion passed 4 to 1. Voting Record: "Aye" — Vice -Chairman Selemon, Commissioner's Bacon, Greiner, & Sandars. "No" — Chairman Iocco. C. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1061 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 Agent: Thomas K. Stoneman and Betty Stoneman Commissioner Sandars made a motion to forward Zone Change Application No. 1061 to City Council for approval. Commissioner Bacon seconded the motion. Chairman Iocco stated that this is an existing business next to an existing residential before it was annexed and the City has to give the business the right to operate as it is. Vice -Chairman Selemon added that leaving the property as residential allows the owner to operate as it is. Mr. Selemon stated that eventually they will be back in requesting to build a parking lot. Commissioner Bacon stated that Garden Road is a unique situation and all the businesses on Garden are Heavy Industrial. iviission Statement: 1-0 make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 7 of 13 Planning and Zoning Commission Vice -Chairman Selemon argued that it's not right to keep adding to the "wrongs" and he has a hard time sticking Industrial in the middle of this area. Chairman Iocco stated that the City annexed this business and it doesn't seem right for the City to tell them they cannot pursue their business. Chairman Iocco explained to the Commissioner's that the owner could not expand without the requested zoning, and if a Hurricane were to destroy the building the could not rebuild their business. Motion to approve passed 3 to 2. Voting Record: "Aye" — Chairman Iocco, Commissioner's Bacon, and Sandars. "No" — Vice -Chairman Selemon and Commissioner Greiner. D. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1064 and Specific Use Application No. 112 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 Commissioner Bacon made a motion to forward Zone Change Application 1064 and Specific Use Application No. 112 to City Council for approval. Vice -Chairman Selemon seconded the motion. Chairman Iocco reminded the Commission that they have dealt with a similar request along Magnolia with the outside storage. He added if the Commission is concerned with the outside storage then this might be an issue. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 8 of 13 Planning and Zoning Commission Commissioner Bacon stated that he has been talking to Real Estate Agents and he understands they are having a hard time selling any residential lots on Cullen Blvd. Vice -Chairman Selemon referred to the new Lowe's, which contains outside storage that is totally enclosed. Commissioner Sandars stated that she doesn't object to outside storage. Commissioner Greiner asked for a point of information. She asked if they have to approve as is or if they can approve with modifications. Executive Director of Community Services Tobin Maples stated that they can add stipulations since it is a Specific Use request. Commissioner Greiner asked what would be stored outside. Commissioner Bacon responded that from driving by he has noticed they have some materials that are stored outside. Executive Director of Community Services Tobin Maples stated that the tract behind the property is R-1 therefore the outside storage that would be adjacent to the residence has to be screened. He commented the Commission does not have the authority to change that and that request would have to go the Zoning Board of Adjustments. Commissioner Sandars called for question. Motion to approve passed 3 to 2. Voting Record: "Aye" — Vice -Chairman Selemon, Commissioner's Bacon and Sandars. "No" — Chairman Iocco and Commissioner Greiner. E. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1052 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 - Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 9 of 13 Planning and Zoning Commission 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 Chard Road) Owner: Beazer Homes, U.S.A 10235 West Little York, Suite 240 Houston, Texas 77040 Agent: Kerry R. Gilbert & Associates, Inc. Commissioner Bacon made a motion to forward Zone Change Application No. 1052 to City Council for approval. Vice -Chairman Selemon seconded the motion. Commissioner Sandars stated she is concerned about the addition of the houses and also the increase of density. Dan Olson of Beazer Homes U.S.A., stated that although the density increased they have worked closely with the City to give more trails and they have tripled the amount of public park space. He added there is 24 acres of parks and 40 acres of open space. Kerry Gilbert of Kerry Gilbert & Associates, Inc. stated they actually shrunk the amount of small lots and tripled the amount of large lots. He stated in the mix they gained 35 lots. He explained they had to plan it this way in order to justify building the lakes. Commissioner Sandars stated she is concerned with Pearland and the overall zoning. She explained there is a lot of R -2's, R -3's, and R -4's and approving this is not solving that problem. She stated there are going to be expensive homes on small lots. Discussion ensued regarding the open land across the creek. Chairman Iocco explained to the Commission that due to the economy and the September 11th events the golf course was not able to get financed. Discussion ensued on the price range and size of homes. Dan Olson stated the pricing would start in the early $200,000 range and the size would range from 2500 square foot to 3300-3500 square foot homes. Motion to approve passed 5 to 0. F. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1062 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: IVIVN U11 3iaiemen[: lo make mtormed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 10 of 13 and Zoning Commission 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 Chairman Iocco commented he has never seen "Office Professional" and he is glad to finally see this zoning. Commissioner Sandars made a motion to forward Zone Change Application No. 1062 to City Council for approval. Commissioner Bacon seconded the motion. Vice -Chairman Selemon stated that if this were on a node he would look at it differently, however this is in a residential area. He stated once they approve this request they would be setting a precedent for the area. He added they need to think very seriously and he doesn't think he'll vote for it. Chairman Iocco asked if there is present business in the blue buildings. Development Coordinator Mona Phipps stated the property has been for sale for a very long time and the zoning is Suburban Development. Vice -Chairman Selemon stated that he does not think it is a good location for a day care. Commissioner Sandars stated that there is no better place for a day care other then in a residential area. Commissioner Bacon stated this structure was not built to be a residence. Vice -Chairman Selemon commented they have no guarantee that a day care is going to go there. Chairman Iocco expressed concern that the day care is going to generate traffic. Commissioner Bacon argued that it is going to be four lanes at some point. Executive Director of Community Services Tobin Maples clarified to the owner that they could apply for a day care under "Single Family Dwelling District" with a specific use permit 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 11 of 13 Planning and Zoning Commission Mr. Bennie Morgan, proposed buyer, stated that he would be wiling to apply for the "Single Family Dwelling District" with a Specific Use Permit. Discussion ensued regarding whether or not the application would have to be re - advertised and another Joint Public Hearing would have to be held due to the face that they would be changing from a business district to a residential district. Mr. Maples clarified if they did have to start over with the application then they would have a 30 -day delay. Mrs. Elizabeth Zains, owner, stated that she would rather the property go as "Office Professional", because the buyers aren't going to like it as residential. Executive Director of Community Services Tobin Maples excused himself to get clarification from City Attorney on whether the application would have to be re - advertised. Mr. Maples stated that per City Attorney Darrin Coker, the application would have to be re -advertised and he could get the City's staff to start rolling with the new application process tomorrow so it would be put on the October 12ffi agenda. Chairman Iocco called for question. Motion to approve failed 2 to 3. Voting Record: "Aye" — Commissioner's Bacon and Sandars. "No" — Chairman Iocco, Vice -Chairman Selemon, and Commissioner Greiner. Commissioner Sandars commented that she is staying consistent with her motion. Vice -Chairman Selemon made a motion to forward Zone Change Application No. 1062 to City Council for denial. Chairman Iocco seconded the motion. Motion to deny passed 3 to 2. Voting Record: "Aye" — Chairman Iocco, Vice -Chairman Selemon, and Commissioner Greiner. "No" — Commissioner's Bacon and Sandars. Vice -Chairman Selemon stated that he personally would like to see the application come back with residential. Mission Statement: To make informed recommendations regarding zoning change requests, capital improvements, and other tasks as mandated by the City Charter. Page 12 of 13 Planning and Zoning Commission Commissioner Bacon agreed he does not have a problem with "R-1" with a Specific Use Permit. IV. NEXT MEETING DATES: September 16, 2002 — Regular Meeting V. ADJOURNMENT The meeting adjourned at 9:31 p.m. The meeting adjourned at 8:04 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 13 of 13