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2004-01-19 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 JANUARY 19, 2004, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The meeting was called to order at 6:45 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 P & Z Commissioner Neil West Also in Attendance: City Manager Bill Eisen, City Attornery Darrin Coker, Deputy City Manager Alan Mueller, City Engineer Doug Kneupper, Executive Director of Community Services Tobin Maples, Planning Manager Lata Krishnarao, Planner I Theresa Grahmann, Plats and Plans Administrator Richard Keller and P&Z Secretary Trish Broussard. ZONE CHANGE APPLICATION NO. 1138 I. CALL TO ORDER The public hearing was called to order at 6:58 p.m. II. PURPOSE OF HEARING Zone Change Application No. 113)8 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: Legal Description: 1.988 acres, out of a 5.949 acre tract as described in Volume 1439, Page 851, of the Deed Records of Brazoria County, Texas, being out of a 35.950 acre tract, out of a tract of 80 acres out of the North %2 of the southeast 1/4 of Section 16, George C. Smith Survey, Abstract 546, Brazoria County, Texas (West Side of Harkey Road, and on the North Side of Terrell Drive) Owners: David and Ana Garcia & Antonio Linares 605 Nevada 1005 Avenue J South Houston, Texas 77587 South Houston, Texas 77587 Mayor Tom Reid stated that zone change application's 1138, 1143, and 1144 are requesting the same zoning and therefore we will hear the three applications simultaneously. P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planning Manager Lata Krishnarao gave a brief description of the surrounding properties. She stated the future land use plan shows low density residential and it conforms to our comprehensive plan. She indicated the applicant might need to dedicate Right of Way on Harkey Road at the time of platting. Mrs. Krishnarao indicated no public comment forms were received in support or opposition, and staff recommends approval. B. APPLICANT PRESENTATION David Garcia,605 Neveda, Houston, Texas asked about constructing a circle driveway. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT ZONE CHANGE APPLICATION NO. 1143 I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. 1143 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: Legal Description: 1.1183 acres, Lot 1, out of Tract 10 of an unrecorded subdivision of Section 7, H.T. & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (1637 Garden Road) Owner: Nguyen Van Ly 3914 Greenwood Drive Pearland, Texas 77584 Applicant: Danny and Cathy Roarke 12353 Beamer Road Apt. 504 Houston, Texas 77089 P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planning Manager Lata Krishnarao gave a brief description of the surrounding properties. She stated it is currently undeveloped land and the future land use plan indicates low- density single-family zoning. Mrs. Krishnarao stated the applicant plans to construct a modular home , which is allowed and staff recommends approval. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT ZONE CHANGE APPLICATION NO. 1144 I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. 1144 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: Legal Description: Lot 13, Block 4, West Lea Subdivision, H.T. & B.R.R. Company Survey, Abstract 546, Brazoria County, Texas (3742 Meadowlark Way) Owner: Michael and Beverly Konzem 1026 W. Belgravia Pearland, Texas 77584 Applicant: Design Tech Homes 18750 Interstate 45 Spring, Texas 77373 P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planning Manager Lata Krishnarao gave a brief description of the surrounding properties. She stated the subject property is undeveloped and the applicant plans to construct a single -family residence. Mrs. Krishnarao stated the proposed property is consistent with the comprehensive plan therefore staff recommends approval. She added that two public comments forms were received in support of the zone change application. B. APPLICANT PRESENTATION None 4 IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid replied to Mr. Garcia regarding Zone Change Application No. 1138, that the question regarding the circle driveway will be addressed during the permitting process. Planning Manager Lata Krishnarao stated on Zone Change Application No. 1143, the future plans for McHard Road extension will take out most of that lot where it is undeveloped, therefore we will need to get with the applicant to discuss this matter. VI. ADJOURNMENT The public hearing for application's 1138, 1143, and 1144 was adjourned at 7:17 p.m. SPECIFIC USE PERMIT APPLICATION NO. 131 L CALL TO ORDER The public hearing was called to order at 7:19 p.m. II. PURPOSE OF HEARING Specific Use Permit Application No. 131 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Suburban Development District — Specific Use (SD (S)), in order to allow a public school and school -related facilities, with any new building additions to have exterior walls that match the existing buildings on site, on the following described property, to wit: Legal Description: 22.085 acres, situated in Lots 105 and 108 of a subdivision of the A.C.H. & B.R.R. Company Survey, Section 1, Abstract 147, Brazoria County, Texas (3202 E. Plum Street) Owner: Pearland Independent School District 2337 N. Galveston Street Pearland, Texas 77581 Applicant: PBK Architects, Inc. 3027 Marina Bay Drive, Suite 210 League City, Texas 77573 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 this specific use permit is to expand the existing bus barn for a new mechanic area to work on the buses. Mr. Maples stated the school district can build in Suburban Development District, and the Specific Use Permit will protect the property. He stated we have received five public comment forms in opposition. He added the master land use plan calls for public land, and is consistent with the future land use plan. B. APPLICANT PRESENTATION Phill Rudder, architect representing Pearland I.S.D. stated all we are planning building a 100 ft x 100 ft addition. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST C.D. Anderson, 3215 Jaquelenn Dr, Pearland, stated this zone change violates common sense and the land use plan. Mr. Anderson stated that on any given day, 100 buses travel this road twice a day. He stated the proper zoning should be Light Industrial, and this is an insult to people paying taxes the longest. Larry Wysong, 2123 Lynnwood Oaks, Pearland, stated the buses are a nuisance, the streets are not made for buses and they are an eye -soar. Mr. Wysong turned in ten public comment forms in opposition of the zone change. Dale Breck, 2124 Lynnwood Oaks, Pearland, stated it is almost impossible to get out in the mornings. Mr. Breck asked why the school couldn't construct a wall similar to Fort Bend County to control the noise. Margaret Duvall, 2125 Yaupon Circle, stated the object is to make improvements to the school, and a metal building is inappropriate in a residential area. Ms. Duvall added she is worried about flooding and is not sure of anyone in the area in support of this zone change. Elma McCaffee, 2122 Yaupon, Pearland, commented she reinforces everything her neighbors have said. Freddie Hopkins, Briarcircle, stated this was a nice quiet neighborhood until the bus barn moved in. Mr. Hopkins stated added the buses have overburdened our streets, and future construction should not be allowed. Jenny Catrell, 2122 BriarCircle, Pearland, stated the diesel smell of the buses disturb the area and she is also concerned with all the concrete that and they need to construct a noise barrier, will be coming in and the possibly flooding the surrounding areas. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilman Larry Marcott stated he is concerned about drainage and the facade of the building. Councilman Klaus Seeger stated the discussion about the facade is a legitimate reason. Councilman Charles Viktorin stated he agrees with the other councilman's comments. City Attorney Darrin Coker stated the school district does not have to comply with the zone change laws, only the building codes. Mr. Coker stated the facade for Suburban Development district is metal. Councilman Charles Viktorin stated the comments he has heard are harsh comments, and the council has worked with Pearland I.S.D. and they are open to criticism. Mr. Viktorin commented that maybe attending a school board meeting could be beneficial. Chairman Todd Iocco commented he is worried about any future extensions. Executive Director of Community Services Tobin Maples stated we are trying to process them as if they were a private developer to inform the public. The State laws does not require them to go through the zone change process. VI. ADJOURNMENT The public hearing adjourned at 7:51 p.m. ZONE CHANGE APPLICATION NO. 1137 I. CALL TO ORDER The public hearing was called to order at 7:51 p.m. H. PURPOSE OF HEARING Zone Change Application No. 1137 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Office and Professional District (OP), on the following described property, to wit: Legal Description: 0.635 acres, out of Lot 47 of the Allison -Richey Gulf Coast Home Company, H.T. & B.R.R. Company Survey, Abstract 304, Brazoria County, Texas (East Side of Miller Ranch Road, north of Summer Breeze Drive) Owner: David H. Moore 2645 Miller Ranch Road Pearland, Texas 77584 P & Z Chairman Todd Iocco read the purpose of hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planning Manager Lata Krishnarao gave a brief description of the surrounding properties. Mrs. Krishnarao stated the applicant plans to convert a current residence into an office building for a real estate or insurance office. Mrs. Krishnarao stated the master plan shows the property to be low or medium density residential, therefore the zone change will not be in conformance with the current land use. Mrs. Krishnarao stated staff recommends approval because the adjacent properties are commercial districts. They will be required to construct a masonry wall on the north, east, and south sides of the property, and would have to bring the structure into conformance, and also provide landscaping and parking. She added we have received 15 public comment forms in opposition and one in support. B. APPLICANT PRESENTATION Elizabeth and David Moore, 2645 Miller Ranch Road, Pearland, stated when we first bought the property, there was nothing around us except the Matrix Company, they are currently adding more buildings and our property is really close to Broadway, and we are pinned in around businesses. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Lisa Sealman, 9803 Summerbreeze Dr., commented by adding concrete and parking this could possibly effect flooding. Ms. Sealman stated she does not want a lot of commercial in her area because the small street could cause a safety hazard. Michelle Blume, 2704 Sunhill Ct, Pearland, stated this is a low -density area with young '— children walking or biking on Miller Ranch Road. Mrs. Blume sated we have not had any comments and we urge to look closely for the safety of our citizens and children. Leotte Blume, 2704 Sunnhill Ct, stated there is no basis on changing the zoning of this property, there is one strip of commercial property surrounding this home, and the rest is residential. Michael Smith, 9813 Summerbreeze, Pearland, stated this is a major concern because there is no guarantee in a couple of years what will become of this property, with noise and air pollution. Dr. Carolyn Moker, 9815 Summerbreeze, Pearland, stated our concern is their future, who will purchase the home and what business will go in. Dr. Moker commented that the property is an eyesore and the traffic is a concern. Bi Jordan, 9807 Summerbreeze Dr., Pearland, stated the city council considers R-1 zoning the crown jewel of Pearland, so why would we want to throw that away. Mr. Jordan stated if we change the zoning it will bring, noise, traffic, and pollution into this predominately residential area. Raj S., 2809 Summerbreeze Dr., stated there would be more lighting and distractions. Ken Diaz, 2702 Sunnyside, stated the biggest disappointment is that we may have made enemies with a family we do not even know. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilman Richard Tetans commented that the strip to the north is not residential. Executive Director of Community Services Tobin Maples replied that property is part of the Municipal Utility District's detention pond. Councilman Charles Viktorin stated there are a number of areas in Pearland were we have commercial and residential and they have functioned. VI. ADJOURNMENT The public hearing adjourned at 8:35 p.m. ZONE CHANGE APPLICATION NO. 1146 I. CALL TO ORDER The public hearing was called to order at 8:46 p.m. II. PURPOSE OF HEARING Zone Change Application No: 1146 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-2) to General Business District (GB), on the following described property, to wit: Legal Description: 0.401 acres, situated in an original 10 -acre tract as recorded in Volume 410, Page 536 of the Deed Records of Brazoria County, Texas, Section 4, H.T. & B.R.R. Company Survey, Abstract 543, Brazoria County, Texas (4706 and 4709 W. Broadway Street) Owner: Nathan Zainfeld 12726 Sunbrook Brookside, 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 Planner I Theresa Grahmann, gave a brief description of the surrounding property. Ms. Grahmann stated the last use of this property was a used car lot, and their have been no zone changes on the property since 1986. She stated the master plan recommends retail office, and the applicant may have to upgrade the fagade and landscaping. Ms. Grahmann stated staff recommends approval due to the consistency with the surrounding uses. She added we have received two public comment forms in support. B. APPLICANT PRESENTATION Nathan Zainfield, 12726 Sunbrook, Pearland, stated they had bought the property in 1975, and their have been several businesses throughout the years. Mr. Zainfield stated his intentions are to lease out the building or sale the property. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION 10 Councilman Larry Marcott asked if the property meets the 25 -foot front set back. Planner I Theresa Grahmann replied when the applicant applies for building permits we will evaluate the property then, they may need to. apply for a variance or abide by all property set backs. VI. ADJOURNMENT The public hearing was adjourned at 8:54 p.m. ZONE CHANGE APPLICATION NO. 1136 I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. 1136 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: Legal Description: 1.867 acres, Tract 39A, and 2.00 acres, Tract 39A1, of the Allison Richey Gulf Coast Home Company Subdivision of Section 85, out of the H.T. & B.R.R. Company Survey, Abstract 304, Brazoria County, Texas (2806 Miller Ranch Road) Owner: Trinity Leasing, Ltd. P.O. Box 3037 Pearland, Texas 77588 Applicant: Kim Durrett P.O. Box 3037 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 Planner I Theresa Grahmann, gave a brief description of the surrounding properties. Ms. Grahmann stated the applicant applied for Commercial District but decided to apply for 11 General Business District. She stated the comprehensive plan recommends medium density, but this area is a transition area. She stated staff recommends approval, because there is General Business uses in the surrounding areas. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Ken Dize stated the property does not conform to the comprehensive plan, and this will cause more traffic. Mr. Dize stated he was speaking on behalf of the homeowners association, and would like the City Council and Planning and Zoning to deny with prejudice. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilman Klaus Seeger asked if someone could explain the transition that staff spoke about. Executive Director of Community Services Tobin Maples replied, the comprehensive plan is visual plan or a plan for long -term future. We try to use urban planning principles to develop a master plan, but we are able to be flexible. VI. ADJOURNMENT The public hearing adjourned at 9:09 p.m. ZONE CHANGE APPLICATION NO. 1139 I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. 1139 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: Legal Description: 3.00 acres, being a part of Lot 178, Zychlinski Subdivision of Section 28, H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County, Texas (East Side of Dixie Farm Road) 12 Owner: Enrique Guzman 9946 Aves Houston, Texas 77034 P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner I Theresa Grahmann, gave a brief description of the surrounding property. Ms. Grahmann stated the applicant intends to construct a reception hall. She stated the future land use plan recommends Light Industrial, but the reception hall may be appropriate for Commercial uses. Ms. Grahmann added the applicant might need a Traffic Impact Analysis when the property is platted. Ms. Grahmann stated there were no public comment forms received in support or opposition and staff recommends approval. B. APPLICANT PRESENTATION Mr. Guzman, owner, stated he was present but passed on any public comment. r,— IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilman Larry Marcott stated when he hears reception hall he thinks of weddings and he has a concern that this is not the best location. VI. ADJOURNMENT The public hearing adjourned at 9:17 p.m. ZONE CHANGE APPLICATION NO. 1145 I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. 1145 13 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: Legal Description: 1.00 acre, Tract 6A, H.T. & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (1430 Ode Road) Owner: William Poston 1423 Crystal Lake Circle East Pearland, Texas 77584 P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner I, Theresa Grahmann, gave a brief description of the surrounding property, she stated the property does not comply with the comprehensive plan. She stated staff recommends disapproval because the M-1 Light Industrial District could be intrusive. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Executive Director of Community Services, Tobin Maples stated there are a lot of contiguous situations on Garden Road, and this would set a precedence. Vice Chairperson Sheryl Greiner stated it is not about the person but the actual zoning, you cannot spot zone. VI. ADJOURNMENT The public hearing adjourned at 9:31 p.m. ZONE CHANGE APPLICATION NO. 1147 14 I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. 1147 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Planned Unit Development (PUD) to Planned Unit Development (PUD), on the following described property, to wit: Legal Description: 522.62 acres, situated in the H.T. & B. R.R. Company Survey, Section 80, Abstract 564, and Section 80, Abstract 538, being all of a called 120.134 acre tract of land described in a deed recorded in Volume (90) 820, Page 217, Volume (91) 866, Page 357, and Volume (92) 994, Page 172, of the Brazoria County Deed Records, and Lots 3 through 8, 11 through 18, 20 through 26, 27 through 34, Lots 37 & 38, and the west 1/2 of Lot 39, all of Lots 42, 43, 44, 45, 52 through 55, and 8.11 acres of Lot 56 of the Allison -Richey Gulf Coast Home Company subdivision recorded in Volume 2, Page 98 of the Brazoria County Map Records, all in Brazoria County, Texas (On the South Side of CR 92 (Broadway Street), on the North Side of CR 59, and on the East and West Sides of CR 48) Owner: Leslie A. Scioneaux, One Twenty -Nine, Ltd., John B. and Meredith Briggs, Audrey C. Mcloskey and Robert E. Mitchell, Jr., Trustee, RHC/Edgewater, Ltd., F. Carrington Weems II, F. Carrington Weems III, and Alexandra L. Weems, Heart -Eye Land Company, and Maura A. Hardcastle and Marion A. Watson Applicant: James M. Johnson 900 Apollo Lane, Suite C Houston, Texas 77058 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 we recently reviewed and approved a Planned Unity Development (PUD) on this property, the applicant has acquired additional land and we have received two public comment forms in support. Mr. Maple's staff recommends approval because it is consistent with our long-range plan. 15 B. APPLICANT PRESENTATION James Johnson, agent, stated we had made an agreement to swap properties with the church and help with their detention. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Executive Director of Community Services Tobin Maples stated we have always processed PUD's as a conceptual plan. He stated if we see a drastic change in the approved PUD we would recommend to the developer to do an amendment to that PUD. VI. ADJOURNMENT The public hearing adjourned at 9:45 p.m. submitted ing & Zonftg Secretary Minutes approved s bmitted and/or corrected this 22 day of March '2004, A.D. ti Tom Reid, Mayor 16