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2003-11-17 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 17, 2003, AT 6:30P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 6:30 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetans Council Member Klaus Seeger Council Member Larry Marcott Council Member Woody Owens Council Member Charles Viktorin P & Z Chairman Todd Iocco P & Z Vice -Chairman Sheryl Greiner P & Z Commissioner Don Sederdahl P& Z Commissioner David Ransom P & Z Commissioner Ruby Sandars P & Z Commissioner Linda Cowles Also in Attendance: Executive Director of Community Services Tobin Maples, City Attorney Damn Coker, City Manager Bill Eisen, Deputy City Manager Alan Mueller, Plats and Plans Administrator Richard Keller and P&Z Secretary Trish Broussard. ZONE CHANGE APPLICATION NO. 1132 The applicant requested that Zone Change Application No. 1132 be withdrawn from consideration. ZONE CHANGE APPLICATION NO. 1135 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:48 p.m. H. PURPOSE OF HEARING Zone Change Application No. 1135 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description: Lot 23 and Lot 24, Block 3, Wagon Wheel Subdivision, Abstract 509, Page 1 of 7 H.T. & B.R.R. Company Survey, Brazoria County, Texas (6017 Larrycrest Drive) Owner: Billy K. Davis 3318 CR 89#5 Pearland, Texas 77584 Applicant: Same as Owner P & Z Chairman Todd Iocco read the purpose of the hearing into the record. M. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Services Tobin Maples stated this is a request to zone property at Harkey Road and Larrycrest Dr. Mr. Maples stated the property was annexed and zoned Suburban Development and this is the applicant's first time applying for a zone change. Mr. Maples stated the property was previously a grocery store and all grandfather issues have expired since the grocery store is now closed and has been for several years. Mr. Maples stated the comprehensive plan recommends low density, single- family residential and the proposed zoning does not meet the intent of the City of Pearland's long -range plan. Mr. Maples stated staff recommends denial because it could impose intrusive situations. Mr. Maples added we have not received any public comment forms in support or opposition. B. APPLICANT PRESENTATION Billy Davis, 3318 CR89 #5, Pearland, stated he purchased this property in 1993 and closed the grocery store/deli in 2001. Mr. Davis stated the city closed Harkey Road for four months and he could not keep the business open. Mr. Davis stated there are adjacent businesses surrounding his property. Mr. Davis added he bought the property as commercial and would like to continue using it as commercial. 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 Page 2 of 7 The Joint Public Hearing adjourned at 6:55 p.m. ZONE CHANGE APPLICATION NO. 1133 L CALL TO ORDER The Joint Public Hearing was called to order at 6:55 p.m. H. PURPOSE OF HEARING Zone Change Application No. 1133 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: Legal Description: Being the west 5.00 acres of Lot 45 of the H.T. & B.R.R. Company Survey, Section 20, Abstract 506, Brazoria County, Texas (Northeast corner of FM 518 and Hillhouse Road) Owner: Laurence D. Vincent Gary Blalock 508 N. Texas Avenue & 8701 W. Broadway Street Webster, Texas 77598 Pearland, Texas 77581 Applicant: Silver Pear 518 Business Park Pearland, Texas 77581 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 properties. Mr. Maples stated the applicant intends on developing a business park, which is consistent with our long-range plan. Mr. Maples stated the applicant might be required to do a Traffic Impact Analysis, and dedicate right of way for the future widening of FM 518. Mr. Maples added staff recommends approval. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Page 3 of 7 None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Executive Director of Community Services Councilman Larry Marcott asked does the right of way dedication pertain. to Hillhouse Road. Executive Director of Community Services Tobin Maples replied, yes if they have to plat the property and if the Traffic Impact Analysis study comes back indicating the need for future widening. VL ADJOURNMENT The Joint Public Hearing adjourned at 7:00 p.m. ZONE CHANGE APPLICATION NO. 1134 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:01 p.m. H. PURPOSE OF HEARING Zone Change Application No. 1134 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: Legal Description: Lot 2 and Lot 3, Detenbeck and Barnhart Subdivision, Brazoria County, Texas (5905 Bardet Street) Owner: Berta Hales 5909 Bardet Street Pearland, Texas 77581 Applicant: Darla Lynn Hoggard 3007 E. Broadway Street Pearland, Texas 77581 P & Z Chairman Todd Iocco read the purpose of the hearing into the record. Page 4 of 7 III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Services Tobin Maples stated the applicant intends to utilize the property for non-residential uses. Mr. Maples stated we previously approved a specific use application to place a mobile home on the property and the proposed rezoning is consistent with long -range plan. Mr. Maples stated a Traffic Impact Analysis might be required and we have received three public comment forms in support. Mr. Maples stated the manufactured home would be able to stay and should a natural disaster occur, they would not be able to replace the mobile home with out going through zoning again. 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 Councilman Larry Marcott stated he felt we were not being consistent, when Mr. Partain applied for M-1 Zoning he was denied and finally was zoned General Business. VI. ADJOURNMENT The Joint Public Hearing Adjourned at 7:13 p.m. SPECIFIC USE PERMIT APPLICATION NO. 129 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:14 p.m. H. PURPOSE OF HEARING Specific Use Permit Application No. 129 Request for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for Storage and Mini -Warehouse in a Commercial District (C(S)), on the following described property, to wit: Page 5 of 7 Legal Description: Lots 20 and 21 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas (1729 E. Broadway Street) Owner: Four Seasons Self Storage at Broadway Dixie, L.P. 1729 E. Broadway Street Pearland, Texas 77581 Applicant: Robert Burnham 12810 Chriswood Drive Cypress, Texas 77429 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 application is for a specific use permit to expand the existing mini warehouses; the property is currently zoned Commercial. Mr. Maples stated we have not received any public comment forms in support or opposition. Mr. Maples added staff recommends approval even though the application is not consistent with 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 Councilman Larry Marcott asked if this is the property were they have encroached on the adjacent cities property. Mr. Marcott also stated his concern with drainage, and he would like to know how many zone changes have been given to this property. Mayor Tom Reid asked if FM 518 requires a 120 feet right of way. Deputy City Manager Alan Mueller stated he believed it was 100 feet and if they applicant is not platting then they will not have to dedicate the required right of way, unless a Traffic Impact Analysis requires additional dedication. Page 6 of 7 VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:21 p.m. tes respetfuHy submitted by: ju '. T ' h Broussad Planning & Zonin ecretary Minutes approved bmitted and/or corrected this 9th day of February , 2004, A.D. Tom Reid, Mayor Page 7 of 7 THIS PAGE LEFT INTENTIONALLY BLANK