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2003-01-20 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES222A MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 20, 2003 IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The Meeting 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 Richard Tetens Council Member Charles Viktorin 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 P&Z Commissioner Don Sederdahl Also in Attendance: Executive Director of Community Services Tobin Maples, Development Coordinator Mona Phipps, Planner I Theresa Grahmann, City Attorney Darrin Coker, City Manager Bill Eisen, Deputy City Manager Alan Mueller, and P&Z Secretary Trish Broussard. Council Member Klaus Seeger was absent. P & Z Commissioner Robert Scherrer was absent. I. CALL TO ORDER The Joint Public Hearing was called to order at 6:36p.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 Light Industrial District (M-1), on the following described property, to wit: Zone Change Application No. 1079 Legal Description: 5 acres, more or less, being Abstract 504, H.T.& B.R.R. Company Survey, Tract 21, N/2 PT (2533 Roy Road and 2537 Roy Road) Page 1 of 14 2226 Owner: Hollis Bardwell 12746 Roy Road Pearland, Texas 77581 P&Z Chairman Todd Iocco read the purpose of the hearing.into the record. III. A. STAFF REPORT Theresa Grahmann, Planner I, gave a brief description of surrounding properties. She stated there are two existing structures on the property and the majority of the surrounding properties are Suburban Development and some Commercial. Miss Grahmann stated if property is zoned M-1 the applicant would need to apply for a specific use permit in order to have storage on this property. She also stated the comprehensive plan indicates General Business uses. Staff is of the opinion that the property is more suitable for General Business or Commercial. Miss Grahmann stated this particular piece of property was denied Commercial zoning in May of 2002. She stated staff is recommending denial, as the property is not consistent with the Comprehensive Plan. B. NONE IV. APPLICANT PRESENTATION None 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 Council Member Larry Marcott asked if this is approved would the applicant have to construct a masonry wall on the south side of property. Executive Director of Community Development Tobin Maples replied adjacent to residential zoning they would have to construct a masonry wall. Council Member Charles Viktorin asked why the application was previously denied. Tobin Maples stated that there was general feeling or concern of approving a commercial zoning without knowing what business is going in there. Page 2 of 14 222C VII. ADJOURNMENT The Joint Public Hearing adjourned at 6:43 P.M. SPECIFIC USE APPLICATION NO.123 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:44 P.M. II. PURPOSE OF HEARING 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 warehouse and distribution facilities, on the following described property, to wit: Specific Use Application No. 123 Legal Description: 10.00 acres, Lot 49 of the Allison Richey Gulf Coast Home Company Subdivision of Section 6, H.T.& B.R.R. Company Survey, Abstract 544, according to the map or plat recorded in Volume 136, Page 501, of the deed records of Brazoria County, Texas (3508 Hatfield Road) Owner: Harvey Huber and Janet Huber 2402 Byron Pearland, Texas 77581 Agent: Jack McGuff, Jr., AIA 5208 Broadway Street #208 Pearland, Texas 77581 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. A. STAFF REPORT Page 3 of 14 222D Theresa Grahmann, Planner I, stated this is, a request for a specific use permit for a warehouse and distribution facility in a commercial zoning. She gave a brief description of surrounding property. Miss Grahmann stated the zoning of the property is commercial which allows a large range of commercial and retail type uses. Miss Grahmann stated the applicant would be responsible to construct a six-foot masonry wall along the west property line. She also stated the applicant may be required to perform a traffic impact analysis when the property is developed. Miss Grahmann stated the comprehensive plan recommends low density residential. She stated staff is recommending approval for the specific use permit because it is currently zoned commercial district and the proposed use is compatible with the uses allowed in commercial. III. APPLICANT PRESENTATION Jack McGuff, McGuff Architechts, representing the owner Harvey Huber, stated we are here to ask for the specific use for the wholesale office storage and sale. He stated the plans are 98% complete, and the TIA is complete. Mr. McGuff stated the only thing we are waiting for is this specific use approval. Harvey Huber, 2402 Byron, owner, stated we have owned this property for ten years and because it is currently zoned commercial, I felt like this would be the best avenue to go. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST James Holder, stated he was hoping to get more information before he came up and spoke. Mr. Holder stated he was unaware of what the "S" represented, and what type of storage would be allowed. He stated he would be in opposition if any hazardous chemicals were to be stored there. John Gartrell, stated he is the developer for Walker Estates and he is not in support or opposition for specific use permit, however he would like more information. Mr. Gartrell stated he is concerned about the traffic flow and eight teen wheelers. He stated as an investor he would like to see a traffic study and construction drawings. V. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Mayor Tom Reid stated that hazardous storage material is not permissible and would be frowned upon. He also stated that when the development comes in they would have to do a Traffic Impact Analysis, and any flooding issues are handled during the permit process. Page 4 of 14 222E Council Member Richard Tetens stated maybe staff could clear up the questions pertaining to the specific use permit. Theresa Grahman stated the specific useis just for the warehouse and distribution facility. She stated if they want to do storage on this particular piece of property it would require another specific use permit. Tobin Maples stated any thing with chemicals has to go through this process again. Mayor Tom Reid read into the record two public comment forms in opposition. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:05 p.m. ZONE CHANGE APPLICATION 1080 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:06 p.m. II. PURPOSE OF ORDER 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. 1080 Legal Description: 15.18 acres, more or less, situated in the John W. Maxey Survey, Abstract 721, being part of and out of a 208.10 acre tract described by deed recorded in Volume 1107, Page 859 of the Deed Records of Brazoria County, Texas (Northwest Corner of FM 518 and Sunrise Boulevard) Owner: George Gilman, Trustee 710 N. Post Oak Road, Suite 400 Houston, Texas 77024 Agent: Riverway Commercial Development, LLC P.O. Box 3083 Pearland, Texas 77588 Page 5 of 14 222F P&Z Chairman, Todd Iocco, read the purpose of the hearing into the record. A. STAFF REPORT Theresa Grahmann, Planner I, gave a brief description of surrounding properties. Miss Grahmann stated there are residential homes to the north requiring the developer to construct a six-foot masonry fence. She stated they also might be required to perform a Traffic Impact Analysis. Miss Grahmann stated that retail uses are consistent with our Comprehensive Plan; therefore staff is recommending approval. B. APPLICANT PRESENTATION George Gillman, 710 N Post Oak Rd, Houston, agent for Riverway Commercial Development stated he thinks it is appropriate. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Richard Tetens asked if they considered extending into Hooks Road. Planner I Theresa Grahmann stated the thoroughfare plan intends for County Road 90 extend into Hooks Road. Alan Mueller, Deputy City Manager, stated there are some complications on the road extension, but when they plat they will be responsible for the extension. Council Member Charles Viktorin stated would it be ten months before a traffic light is erected. Alan Mueller replied approximately. P & Z Commissioner Ruby Sandars stated do we have a hint of the type of development. George Gillman responded retail shopping center in two buildings. VI. ADJOURNMENT Page 6 of 14 222G The Joint Public Hearing adjourned at 7:17 p.m. ZONING APPLICATION NO.1081 I. CALL. TO ORDER The Joint Public Hearing was called to order at 7:18 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Single Family Dwelling District (R-4), on the following described property, to wit: Zone Change Application No. 1081 Legal Description: Lots 1 through 7, Block B, Old Pearland Townsite, Abstract 232, Brazoria County, Texas (2107 Washington Avenue) Owner: Terry Gray P.O. Box 597 Pearland, Texas 77588 Agent: Don Long 2310 Lynn Pearland, Texas 77581 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. A. STAFF REPORT Planner I Theresa Grahmann gave a brief description of property.. She stated there are approximately 7 lots on this property. Theresa stated staff is recommending approval because it consistent with existing uses in the area. B. APPLICANT PRESENTATION Terry Gray, 2710 Larksburg, stated he currently owns twenty-four lots stated it would be easier to conform to residential use rather than neighborhood services. Don Long stated we need this zone change to help with development costs. Page 7 of 14 222H IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Richard Tetens asked do you plan to put these on 50 or 60 feet lots. Don Long stated the first sixteen lots would be 50ft and. the last one on a 60ft lot. Richard Tetens stated where is your drainage. Don Long replied there has been no request to provide drainage. Council Member Larry Marcott asked are you looking to build ten homes. Don Long replied yes. Mr. Marcott asked how big. Mr. Long replied 1200 sf with one or two car garage. Mr. Marcott asked what would be the price of the homes. Don Long replied $ 95,000 to 135, 000. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:37 p.m. ZONE CHANGE APPLICATION NO. 1082 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:38 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. 1082 Legal Description: 20 acres, Abstract 564, H.T.& B.R.R. Company Survey, Tract 52- 53 (County Road 59) Owner: Mary Ann Tierney Page 8 of 14 222I 8000 Springer Road Bethesda, Maryland 20817 Agent: James Johnson 900 Apollo Lane, Suite C Houston, Texas 77058 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. A. STAFF REPORT Theresa Grahmann, Planner I gave a brief description of the property, she stated it is North on CR 59 and there is no frontage. Miss Grahmann stated the comprehensive plan recommends low-density single family. Miss Grahmann stated they might need a traffic impact analysis to take in account new development in the area. Miss Grahmann stated staff is recommending approval. ' B. APPLICANT PRESENTATION James Johnson, 900 Apollo Lane Houston, Texas stated he purchased the property from the owner. W. Johnson stated this is something we talked about for the last six month and would really appreciate your support. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Larry Marcott stated regarding Kirby Drive is there a lot of land North. James Johnson stated to the north there is none but to the east by Southgate Subdivision there is a significant amount of Kirby Drive to be developed. VI ADJOURNMENT The Joint Public Hearing adjourned at 7:41 p.m. Page 9 of 14 222J ZONING APPLICATION NO. 1077 AND SPECIFIC USE APPLICATION NO. 121 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:42 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 Estate Lot Single Family Dwelling District — Specific Use (R-E(S)), for a church, on the following described property, to wit: Zone Change Application No. 1077 and Specific Use Application No. 121 Legal Description: 20 acres; consisting of Lots 4 and 20 of the Allison -Richey Gulf Coast Company Subdivision; Section, 19, H.T.& B.R.R. Company Survey, Abstract 243, according to- the map or plat recorded in Volume 2, Page 23, Plat Records of Brazoria County, Texas (1865 Cullen Boulevard) Owner: Silverlake Church 5517 West Broadway Street Pearland, Texas 77581 Agent: Thomas L. Murray 7900 West Fuqua Missouri City, Texas 77489 P&Z Chairman Todd Iocco read the purpose of the hearing into the record. III. A. STAFF REPORT Theresa Grahmann, Planner I gave a brief description of surrounding properties. Miss Grahmann stated the applicant is applying for Residential Estate with a specific use for a church. Miss Grahmann stated the surrounding properties are mostly Suburban Development, and there is some Residential to the south. She stated the comprehensive plan recommends low density. She also stated the developer may be required to submit a drainage plan, and traffic impact analysis. Miss Grahmann stated staff is recommending approval because of its consistency with the comprehensive plan. Page 10 of 14 222K III. APPLICANT PRESENTATION Regonald Divon, 5517 Broadway stated he would like to bring a religious facility for worship and youth services. Mr. Divon stated he believed it could relieve some of the crime on the west end of Pearland. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Mayor Tom Reid stated he has had the pleasure of knowing Pastor Divon and he has previously attended three services. Mayor Reid stated it is a wonderful service and he is looking forward to the completion. Council Member Larry Marcott stated it shows four sections. Theresa Grahmann replied each lot is five acres. Mr. Divon stated we plan to build in phases, the first being the ten acres closest to Cullen. Council Member Russ Selemon stated why couldn't we just go with Commercial zoning. Executive Director of Community Development Tobin Maples stated they could have gone with General Business with out a specific use but it is not consistent with comprehensive plan. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:51 p.m. ZONE CHANGE APPLICATION NO 1078 III. CALL TO ORDER The Joint Public Hearing was called to order at Page 11 of 14 222L 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 Estate Lot Single Family. Dwelling District (R -E), on the following described property, to wit: Zone Change Application No. 1078 Legal Description: Lot 3, Block 7, Hickory Creek Place Addition, as recorded in Volume 11, Pages 1-2, Plat Records of Brazoria County, Texas (2145 Melanie Lane) Owner: Gerard Veilleux and Gail Walden 7441 Oscar Deer Park, Texas 77536 P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. A. STAFF REPORT Theresa Grahmann gave a brief description of the surrounding property. She stated the comprehensive plan shows Residential Estate. Miss Grahmann stated staff is recommending approval because of the consistency with the comprehensive plan. B. APPLICANT PRESENTATION Gerard Veilleux, 7441 Oscar, Deer Park, Texas stated he is currently living in Deer Park and hopes the City will be able to supply him with water and sewer so he does not have to drill a well and septic. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Alan Mueller, Deputy City Manager stated water and sewer are under design, it should be eighteen to twenty four months before everything is bided and completed. Page 12 of 14 222M VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:57 p.m. I. CALL TO ORDER The Joint Public Hearing was called to order at 7:58 p.m. H. PURPOSE OF HEARING Request for an amendment to the Table of Permitted Uses of the Land Use and Urban Development Ordinances — Manufactured Homes & Coin Operated Amusement Machines/Eight Liners Agent: City of Pearland P & Z Chairman Todd Iocco read the purpose into the record III. STAFF REPORT — Manufactured Homes Darrin Coker City Attorney stated we are well aware of the proposed zoning. The first change would allow a specific use permit to replace an existing mobile home, with a nonconforming use. He stated as we develop are unified code, this will be an issue. V. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Chairperson for Planning & Zoning Todd Iocco stated when we had a workshop where did the years come in. Mr. Coker stated we do not want to replace a 1978 with a 1981 mobile home. Commissioner Ruby Sandars stated she thought it was if there was a safety, health or welfare issue. Mr. Coker stated it would be up to the Building Official to make that decision. Commissioner Sheryl Greiner stated could they switch owners and still have the conforming use. Mr. Coker stated they would loose the non -conforming use. Page 13 of 14 222N VI. STAFF REPORT — Coin Operated Machines/Eight Liners Darrin Coker City Attorney stated there are two issues, current coin operated machines, five or more machines in all Suburban Development and Residential do not have to be permitted and are allowed. in other residential zones with a specific use permit. Mr. Coker stated if there are six machines prior to the ordinance they will have to come in and get a specific use permit. He stated the Code of Ordinance is to regulate, and register all machines and pay a fee. VII. COUNCIL/PLANNING COMMISSION/STAFF/APPLICANT DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Commissioner Sheryl Greiner asked prior to the update there was nothing in the ordinance. Mr. Coker replied correct, and now, if you have five or more machines you have to have a specific use permit. VIII. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Terry Gray, 2710 N Lockhurst, stated does this include jukeboxes and pool tables. Mr. Coker replied yes, with pre-existing they will be grand fathered. IV. The Joint Public Hearing was adjourned at 8:14 p.m. nutes ectfully submitted b r sh Brou s "Planning,& Zoning Secretary Minutes approvftea submitted and/or corrected this24t�day of March , 2003, AD Tom Reid, Mayor Page 14 of 14