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2003-06-16 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 16, 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 Council Member Council Member Council Member Council Member P&Z Chairman P&Z Vice -Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger H. Charles Viktorin Todd Iocco Russ Selemon Ray Bacon Sheryl Greiner Ruby Sandars Don Sederdahl Also in Attendance: Executive Director of Community Services Tobin Maples, Development Coordinator Mona Phipps, Planner I Theresa Grahmann, City Attorney r Darrin Coker, City Manager Bill Eisen, Deputy City Manager Alan Mueller, Plats and Plans Administrator Richard Keller and P&Z Secretary Trish Broussard. Mayor Pro -Tem Richard Tetens and P&Z Commissioner Robert Scherrer were absent. ZONE CHANGE APPLICATION NO. 1110 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:36 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. 1110 Legal Description: 2.389 acres of land, out of Lot 59, of the Allison Richey Gulf Coast Home Company Subdivision of the H.T. & B.R.R. Company Survey No. 20 (F.B. Drake), Abstract 506, Brazoria County, Texas (Cullen Boulevard north of FM 518) Page 1 of 9 It Owner: Charles and Shirley Savell 8535 Broadway Street Pearland, Texas 77584 Agent: Jung H. Kwak 2621 Sunfish Drive Pearland, Texas 77584 The purpose of the hearing was read into the record by P&Z Chairman Todd Iocco. IF III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner Theresa Grahmann gave a detailed staff report. She gave a brief description of the property and stated it is for a proposed shopping center. Ms. Grahmann stated the Comprehensive Plan recommends General Business District or Commercial, therefore the request is consistent. She added the developer may have to submit a Traffic Impact Analysis. Staff recommended approval. B. APPLICANT PRESENTATION Jon Kwak, 2621 Sunfish Dr, Pearland, TX stated they have not decided for sure what they plan to do; they may do a shopping center. He pointed out that staff recommended general business. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Richard Scotage, agent for Mr. Kwak, stated Mr. Kwak has an existing shopping center in Pearland. He then added the City would be proud of what Mr. Kwak would develop here. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services NONE VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:40 p.m. Page 2 of 9 ZONE CHANGE APPLICATION NO. 1112 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:41 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 Office and Professional District (OP), on the following described property, to wit: Zone Change Application No. 1112 Legal Description: Lot C, Section 3, Garden Acres Subdivision, Abstract 219, H.T. & B.R.R. Company Survey, Brazoria County, Texas (FM 518 at Thelma Drive) Owner: Westside Church of Christ — Pearland, Inc. 6203 Broadway Pearland, Texas 77581 Agent: Jack McGuff, Jr., AIA 5208 Broadway # 208 Pearland, Texas 77581 The purpose of the hearing was read into the record by P&Z Chairman Todd Iocco. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner Theresa Grahmann gave a detailed staff report. She stated that they received one Public Comment Form from the citizens that were notified within 200' feet of the property. She added the comment form received was in support of the request. Ms. Grahmarm stated the applicant would be required to construct a 6' masonry fence. She pointed out the request conforms to the future Comprehensive Plan, therefore staff recommends approval. She added the owner will be required to submit a Traffic Impact Analysis. B. APPLICANT PRESENTATION Jack McGuff, agent for Westside Church of Christ, stated the property has never been zoned. He added the church is proposing an addition of a 3500 square foot Page 3 of 9 building for the church facility. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Beverly Hill, 3307 Robinson Dr, Pearland, TX stated they have never been flooded and she has been a member of the church since 1965. She would like to work with the City to build this expansion. Mrs. Hill commented this would be great for the church. Robert Wilson, 3310 Randall, Pearland, TX stated he is also a member of the church, and this expansion is for their benefit and for the City's benefit. He stated it would beautify the corner and improve the ability to attract members to his congregation. Kurtis Holden, 4518 Cornerstone, Pearland, TX stated it would be good for their congregation to be able to expand. Randall May, 1903 Meadow Creek Dr, Pearland, thanked the Commission and Council for hearing them speak. He stated he would appreciate the approval of this application. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Marcott asked if this would require a specific use permit. Planner Theresa Grahmann replied no, because in Office Professional District this is allowed. VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:50 p.m. ZONE CHANGE APPLICATION NO. 1111 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:51 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. 1111 Page 4 of 9 Legal Description: 0.59 acres of land, being out of and part of the Commercial Reserve of Block 12, Lot 2, West Lea Subdivision, Section 3, Abstract 546, as recorded in Volume 12, Page 23, of the Plat Records of Brazoria County, Texas (FM 1128 at Heron Lane) Owner: Eric E. and Viseeta Brown 10619 Hunkler Drive Houston, Texas 77047 Agent: None The purpose of the hearing was read into the record by P&Z Chairman Todd Iocco. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner Theresa Grahmann gave a detailed staff report. She stated there were no Public Comment Forms returned from the property owners that own property within 200 feet of the request. She added the request is consistent with the surrounding areas and the Comprehensive Plan therefore, staff recommends approval. B. APPLICANT PRESENTATION Viseeta Brown, 10619 Hunkler Dr, stated that she is purchasing the property with the hopes of building a new home on the property. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Karen Hair, 2026 Heron Lane, stated that she is in support because she would rather have a residence on the property. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Mayor Tom Reid stated that he has received three Public Comment Forms in support of the request. VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:56 p.m. Page 5 of 9 ZONE CHANGE APPLICATION NO. 1114 I. CALL TO ORDER The meeting was called to order at 6:57 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: It Zone Change Application No. 1114 Legal Description: 0.923 acres of land, out of the North '/Z of the North '/Z of Lot 50, of the Allison Richey Gulf Coast Home Company's Subdivision, Section 19, being out of the H.T. & B.R.R. Company Survey, Abstract 243, as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas (1702 Stone Road) Owner: John W. Williams 1702 Stone Road Pearland, Texas 77581 Agent: None The purpose of the hearing was read into the record by P&Z Chairman Todd Iocco. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner Theresa Grahmann gave a detailed staff report. She stated the property is currently developed with a single-family residence. She added the majority of the surrounding area is Suburban Development. Ms. Grahmann stated the request does comply with the Comprehensive Plan, therefore staff recommends approval. She stated the applicant chose R-1 because of the setback requirements. B. APPLICANT PRESENTATION NONE IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED Page 6 of 9 REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services NONE VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:59 p.m. SPECIFIC USE APPLICATION NO. 127 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:00 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for a church in a Suburban Development District (SD), on the following described property, to wit: Specific Use Application No. 127 Legal Description: Lot 27 of -the Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section 8, H.T. & B.R.R. Company Survey, Abstract 504, Brazoria County, Texas (Garden Road) Owner: Cynthia H. Cramer 2465 N. Wakefield Court Arlington, VA 22207 Agent: Sohail Noor 2619 Sunbird Court Pearland, Texas 77584 The purpose of the hearing was read into the record by P&Z Chairman Todd Iocco. III. APPLICATION INFORMATION AND CASE SUMMARY Page 7 of 9 A. STAFF REPORT Planner Theresa Grahmann gave a detailed staff report. She stated the specific use permit is for a church. She pointed out the applicant chose to go for a Specific Use Permit instead of a general zoning of the land. Ms. Grahmann added the owner would be required to construct a 6' masonry fence. She stated the Comprehensive Plan does recommend low-density single-family dwelling. She stated staff is recommending approval because the request imposes no conflict with the Comprehensive Plan. B. APPLICANT PRESENTATION J Andrew Folchin, 2903 Elsbury, Pearland, TX stated he humbly requests approval of the zone change. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Tommy Stoneman, stated he has property across from the proposed site. He added that he applied for zoning recently and City Council turned him down. Mr. Stoneman stated traffic is already a problem. He commented that he understands this is going to be a church, however, he knows its also going to be a school. He asked how many students are there going to be. He stated that if you add this to the current traffic problems then there is going to be a serious problem. He also pointed out that the road is narrow, and he is also concerned about safety. Fazal Malik, 5403 Cunningham Dr., Pearland, TX stated that he has four children in Pearland. He commented they have the right to have a place for worship. Mr. Malik stated that in regards to the concern for traffic, there is going to be a lot of parking space in the back. Nabeel Zuberr, 9002 Sundown Dr, Pearland, TX stated that he is happy to support this request. He stated they have taken the traffic situation into account and they are willing to concentrate on that problem. He is in support of the request. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Council Member Viktorin asked if the school would meet during the services. Mr. Folchin replied he is correct. Mayor Tom Reid asked if a Traffic Impact Analysis would be required. Executive Director of Community Services Executive Director of Community Services Tobin Page 8 of 9 Maples replied a TIA would be required. Chairman Iocco clarified the church would not have a full time school. Mr. Maples replied that the Sunday school is allowed, however, if they choose to open a new school they would have to apply for a separate specific use permit. Planning and Zoning Commissioner Ruby Sandars asked how this would affect the M-1 Industrial zoning that already exists. Mr. Maples replied that is under review, because it is a mixed-use corridor. Mayor Tom Reid commented the City is a community of churches and although the road is a narrow road with excessive traffic, church is held on Sundays — and there are few people working on Sundays. VI. ADJOURNMENT The Joint Public Hearing adjourned on 7:15 p.m. submitted by: Brousshrd)Planning & Zoning M nutes approved as su mitted and/or corrected this 25 day of August , 2003, AD Tom Reid, Mayor Page 9 of 9