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2003-04-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESr— MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 21, 2003, AT 6:30 P.M., 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 Klaus Seeger Council Member Larry Marcott Council Member Richard Tetens J Council Member Charles Viktorin P & Z Chairman Todd Iocco P & Z Vice -Chairman Russ Selemon P & Z Commissioner Don Sederdahl P&Z Commissioner Robert Scherrer P&Z Commissioner Sheryl Greiner P&Z Commissioner Ruby Sandars 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, Plats and Plans Administrator Richard Keller and P&Z Secretary Trish Broussard. P&Z Commissioner Ray Bacon was absent ZONE CHANGE APPLICATION N0. 1094 AND SPECIFIC USE APPLICATION NO. 126 I. CALL TO ORDER The public hearing was called to order at 6:35 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 Commercial District— Specific Use (C(S)) for heavy machinery storage and repair, on the following described property, to wit: Zone Change Application No. 1094 and Specific Use Application No. 126 Legal Description: 2.00 acres out of a 5.00 acre tract of Lot 1, Allison Richey Gulf Coast Home Company Subdivision of Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (8434 i Brookside Road) Owner: Justin Brantley P.O. Box 583 Pearland, Texas 77588 P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Services Tobin Maples stated the applicant is requesting a rezoning from Suburban Development District to Commercial District with a specific use permit. Mr. Maples stated to we mailed out public comment forms to the surrounding properties and to date we have not received any in opposition. Mr. Maples stated there are some Commercial Districts along Cullen Blvd and Brookside Road. He stated staff is recommending approval. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr."Tobin Maples, Executive Director of Community Services Mayor Tom Reid entered into the record three public comment forms in support of the proposed zone change application. VI. ADJOURNMENT The public hearing was adjourned at 6:41 p.m. ZONE CHANGE APPLICATION NO. 1095 2 ZONE CHANGE APPLICATION NO. 1095 I. CALL TO ORDER The public hearing was called to order at 6:41 pm. Il. 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 Commercial District (C), on the following described property, to wit: Zone Change Application No. 1095 Legal Description: .82 acres, being .37 acres and .4497 acres, both being a part of the H. T. & B. R.R. Co. survey, A-292 and part of the A.C.H. & B. Survey, A- 416, Brazoria County, Texas (5357 Main Street) Owner: Lynn D. Williams 2782 CR 145 Alvin, Texas 77511 Agent: Robert Rivas P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Services Tobin Maples gave a brief description of the surrounding property. He stated the property is located at the southern city limit line, and everything East of the property is not in the city limits. Mr. Maples stated staff is recommending approval, and the developer may be required to submit a traffic impact analysis. Mr. Maples added that everything will have to be brought up to City code when the permitting process begins. B. APPLICANT PRESENTATION None 91 IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services P &Z Commissioner Ruby Sandars asked if this is going to be a used car lot. Tobin Maples replied that is what the applicant put on their application. VI. ADJOURNMENT The Public Hearing was adjourned at 6:47 p.m. ZONE CHANGE APPLICATION NO. 1096 1. CALL TO ORDER The public hearing was called to order at 6:48 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 Commercial District (C), on the following described property, to wit: Zone Change Application No. 1096 Legal Description: The North 5 acres of Tract 21, Allison Richey Gulf Coast Home Co. Suburban Gardens, Section 8, H. T. & B. R.R. Co. survey, A- 504, Brazoria Co., TX (2533 & 2537 Roy Road) Owner: Hollis Bardwell 12746 Roy Road Pearland, TX 77581 P & Z Chairman Todd Iocco read the purpose of the hearing into the record. 4 III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Development Tobin Maples gave a brief description of the surrounding properties. Mr. Maples stated we have seen this case twice in the last fourteen months, the application has previously been denied for Commercial District and Ml zoning. Mr. Maples stated it is consistent with the comprehensive plan and staff is recommending approval. Mr. Maples added this is an existing business and to date no Public Comment forms have been received in support or opposition. ' B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Commissioner Ruby Sandars asked what type of business is currently being operated. Mr. Bardwell replied a feed store. VI. ADJOURNMENT The public hearing was adjourned at 6:52 p.m. ZONE CHANGE APPLICATION NO. 1100 I. CALL TO ORDER The hearing was called to order at 6:53 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 General Business District (GB), on the following described property, to wit: Zone Change Application No. 1100 Legal Description: 5.284 acres, John W. Maxey Survey, A-721, Brazoria Co., TX (Broadway Street @ Sunrise Boulevard) Owner: Smith Miller, Ltd 710 N. Post Oak Road #400 III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Development Tobin Maples gave a brief description of the surrounding properties. Mr. Maples stated he checked with the City of Pearland's Utility Billing Department to get correct addresses to notify the surrounding property owner's. He stated the comprehensive plan recommends Residential as well as General Business. Mr. Maples stated the applicant is aware of the construction on the masonry wall abutting the residential area; all four sides should be masonry. Mr. Maples stated staff is recommending approval. B. APPLICANT PRESENTATION George Gillman, agent for Smith Miller, LTD, 710 N. Post Oak Houston, Texas, stated the intent is to develop a retail/office parkway, and we appreciate your support. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COM USSION/STAFF None VI. ADJOURNMENT 2 The public hearing was adjourned at 7:00 p.m. ZONE CHANGE APPLICATION NO. 1104 I. CALL TO ORDER The public hearing was called to order at 7:01 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family Dwelling District (MF) and General Business District (GB) to Planned Unit Development (PUD), on the following described property, to wit: Zone Change Application No. 1104 Legal Description: All of lots 1-40, inclusive in Block 15, all of lots 24-29, inclusive in Block 16, and all of lots 20-25, inclusive in Block 14, in the Original Town site of Pearland; and .148 acre tract, all in the H. T. & B. R.R. Co. survey, A-232, Brazoria Co., TX (4201 Broadway Street) Owner: Jerome Karam 4201 Broadway Street Pearland, Texas 77581 Agent: Kevin Cole P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Development Tobin Maples gave a brief description of the surrounding property. Mr. Maples stated this Planned Unit Development would set their o,.N-n development guidelines. He stated the applicant will be required to plat the property, and will have to conform to the cities zoning and building lines. Mr. Maples stated staff recommends approval with the exclusion of Apartment/Hotel designation. B. APPLICANT PRESENTATION 7 Kevin Cole, agent for Jerome Karam, 2319 f rances, Pearland, Texas stated the restriction for Apartment /Hotel would not be a problem. He stated by creating this PUD, the property owners would be able to build without requesting any variances. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Councilman Richard Tetans asked is the parking going to be individually owned. Kevin Cole replied we intend to have a recipicle parking agreement come into play, to allow that person to use the parking facility. Mr. Cole added there would be a condo association. VI. ADJOURNMENT The public hearing was adjourned at 7:39 p.m. ZONE CHANGE APPLICATION NO. 1102 1. CALL TO ORDER The Public hearing was called to order at 7:40 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 Mobile Home Park District (MH), on the following described property, to wit: Zone Change Application No. 1102 Legal Description: Being 6.925 acres, Tract I: being the South 2 acres out of Lot 36; and Tract Il, being 4.925 acres, out of Lot 37, both in Figland Orchard Subdivision No. 1, Section 13, H. T. & B. R.R. Co. survey, A-240, Brazoria Co., TX (3054 Hatfield Road) Owner: Ira William (Bill) Hubbard P.O. Box 992 Pearland, TX 77588-0992 Agent: John S. Powell, Attorney P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Development Tobin Maples gave a brief description of the surrounding properties. Mr. Maples stated the applicant is rezoning to expand the existing mobile home park. Mr. Maples stated staff is recommending denial as it is not consistent with the area, the comprehensive plan recommends low density single family. B. APPLICANT PRESENTATION John Powell, 2405 South Grand, Pearland, Texas, agent for Bill Hubbard, stated we respectfully disagree; the surrounding area consists of mobile homes, and Light Industrial. Mr. Hubbard, owner stated he was currently trying to improve and beautify the property. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Charles Bryan, 3113 Hatfield, stated he lives directly across from the applicant, and he has Balled him twice for them dumping sewer on the ground. He stated there have been nothing- - - but problems, loud music, and parties. Vivian Meyer, 303 8 Hatfield stated we don't want any more mobile homes near our property. She stated there have been sewage problems, and we were told there would be no rezoning until Corrigan drainage is resolved. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Councilman Woody Owens asked if he lived at the location. Mr. Hubbard replied no. Mr. Hubbard stated there have been some problems with the sewer, and we have a sewer plan in place, the contractor is set up and waiting on the city. Commissioner Ruby Sandars asked if he owned the homes. Mr. Hubbard replied he owns 0 just the lots, not the mobile homes. Councilman Woody Owens stated he could not approve with out more information on the sewage problem. City Attorney Darrin Coker stated this address is subject to an investigation, he added we have pictures of a pump in the ditch, and multiple test were run which came back high for raw sewage. Mayor Tom Reid stated one public comment form in opposition was received. VI. ADJOURNMENT The public hearing was adjourned at 8:00 p.m. ZONE CHANGE APPLICATION NO. 1098 I. CALL TO ORDER The public hearing was called to order at 8:01 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. 1098 Legal Description: 5 acres, being the North '/z of Lot or Tract No. 36, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (Adamo Lane) Owner: Richard & Terry Wemhoff 7625 Longleaf Pearland, TX 77581 Chairman Todd Iocco read the purpose of the hearing into the record. , III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT 10 Executive Director of Community Services Tobin Maples gave a brief description of the surrounding properties. Mr. Maples stated the request is consistent with our comprehensive plan; therefore we are recommending approval. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services None VI. ADJOURNMENT The public hearing was adjourned at 8:07 p.m. ZONE CHANGE APPLICATION NO. 1099 I. CALL TO ORDER The public hearing was called to order at 8:08 p.m. IL 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. 1099 Legal Description: Lot 36, Block 1, Somersetshire Estates, H. T. & B. R.R. Co. survey, A-304, Brazoria Co., TX (9805 Excalibur's Court) Owner: David A. & Diann R. Gardoni 11 9805 Excalibur's Court Pearland, TX 77581 Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Services Tobin Maples gave a brief description of the surrounding properties. Mr. Maples stated staff recommends approval due to the conformance with the comprehensive plan. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services None VI. ADJOURNMENT The public hearing was adjourned at 8:10 p.m. ZONE CHANGE APPLICATION NO. 1101 I. CALL TO ORDER The hearing was called to order at 8:11 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 12 Legal Description: 5 acres, being the South %2 lot or Tract No. 36, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (Adamo Lane) Owner: Michael V. Jenkins 12718 Panay Drive Houston, TX 77048-4128 III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Development Tobin Maples gave a brief description of the surrounding properties. Mr. Maples stated the property is in conformance with the comprehensive plan; therefore staff is recommending approval. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services None VI. ADJOURNMENT The public hearing was adjourned at 8:14 p.m. The Joint Public Hearing was adjourned at 8:15 p.m. Minutes respectfully submitted by: a -"Nw" Tri roussard, tanning & Zoning Secretary 13 Minutes approved as submitted and/or corrected this 29 day of September , 2003, AD r Tom Reid, Mayor 14