2004-04-19 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD
ON APRIL 19, 2004 AT 6:30 P.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 Tetens
Council Member
Charles Viktorin
Council Member
Larry Marcott
Council Member
Klaus Seeger
Council Member
Woody Owens
P & Z Chairman
Todd locco
P & Z Vice -Chairman
Sheryl Greiner
P& Z Commissioner
David Ransom
P & Z Commissioner
Neil West
P & Z Commissioner
Ruby Sandars
P & Z Secretary
Trish Broussard
Absent: Planning and Zoning
Commissioners Don Sederdahl and Linda Cowles.
Also in Attendance: City Manager Bill Eisen; City Attorney Darrin Coker; Deputy City
Attorney Nghiem Doan; Executive Director of Community Services Tobin Maples; City
Secretary Young Lorfing; Planning Manager Lata Krishnarao; Planner I Theresa
Grahmann; Plans and Plats Administrator Richard Keller; City Engineer Douglas Kneupper;
Fire Marshal Steve Chapman; Assistant Fire Marshal Steve Norton; Deputy Fire Marshal
John Durham.
PURPOSE OF HEARING
Mayor Tom Reid combined the Public Hearing for Zone Change Applications 1163,1164,
& 1165 into one hearing, which was called to order at 6:40 p.m.
Zone Change Application No. 1163
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: 0.310, being Tract No. 10 in the Sandoval Subdivision, located in the
west one-half of the northwest one-quarter of the northeast one-quarter of Section 15,
H.T. & B.R.R. Company Survey, Abstract 241, Brazoria County, Texas (2823 Morenci
Street)
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Owner: Sandra F. Martinez
2823 Morenci Street
Pearland, Texas 77584
Zone Change Application No. 1164
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: Garden Acres Subdivision, Lot E, S/2, Section 3, Abstract 219, H.T. &
B.R.R. Company, Survey, Brazoria County, Texas (Located at 2535 Thelma Street)
Owner: Admiral Homes
6831 Broadway Street
Pearland, Texas 77581
Zone Change Application No. 1165
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: 0.99 acres, being the east one-half of a called 1.988 acre tract of land
recorded in File Number 94-024593, Official Records in the Office of the County Clerk,
Brazoria County, Texas, being a part of a 5,949 acre tract recorded in Volume 1439, Page
851, Deed Records, Brazoria County, Texas, out of a 80 acre tract being the north one-half
of the southeast one-fourth of Section 16, George C. Smith Survey, Abstract 546, Brazoria
County, Texas (Located at 6201 Terrell Drive)
Owner: Artemio Garcia
6201 Terrell Drive
Pearland, Texas 77584
Planning & Zoning Chairman Todd locco read the purpose of the hearing into the record.
Executive Director of Community Services Tobin Maples regarding Application No. 1163
gave a brief description of the surrounding property. This was a request to change from
Suburban Development District (SD) to a Single Family Dwelling (R-1). The owner wants
to construct one single family home. There were no public comment forms either for or
against the change received. The Masterplan recommends low-density single-family
residency, and Staff recommends approval.
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Executive Director of Community Services Tobin Maples regarding Application No. 1164
gave a brief description of the surrounding property. There were no public comment forms
received either for or against. The Comprehensive Plan recommends low density, and
Staff recommends approval due to consistency of the City's Master Plan.
Executive Director of Community Services Tobin Maples regarding Application No. 1165
gave a brief description of surrounding area. There is currently an existing single-family
residence and the owner wants to build an accessory building. It is in compliance with the
Comprehensive Plan and Staff recommends approval.
There were no applicant presentations.
There were no citizen comments.
The Public Hearing for Zone Change Application No. 1163, 1164, & 1165 adjourned at
6:52 p.m.
The Public Hearing for Zone Change Application No. 1162 was called to order at 6:53 p.m.
ZONE CHANGE APPLICATION NO. 1162
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-3), on the following described property, to wit:
Legal Description: Lot 6, Block 2, of Buena Vida, a subdivision in the H.T. & B.R.R.
Company Survey, Abstract 240, Brazoria County, Texas, (Located on the South Side of
Cantu Street, and East of Wagon Trail Road)
Owner: Maria R. Gonzalez
2017 Max Road
Pearland, Texas 77581
Planning & Zoning Chairman Todd locco read the purpose of the hearing into the record.
Executive Director of Community Services Tobin Maples gave a brief description of the
surrounding property. The owner wants to build a single-family residence. There was one
public comment form received in favor of the zone change. The property does not meet
the width for an R-1 or R-2 zone. The property is not in compliance with the Master Plan,
however, Staff is recommending approval due to the way the property was platted prior to
annexation and how the area is being currently developed.
There were no applicant presentations.
There were no public comments.
There were no comments from the Council Members or the Commissioners.
PAGE 3 OF 11 - 04/19/2004
The Public Hearing adjourned at 6:56 p.m.
The Public Hearing for Zone Change Application No. 1166 was called to order at 6:57 p.m
ZONE CHANGE APPLICATON NO. 1166
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-4), on the following described property, to wit:
Legal Description: Lots 40 and 41, Block 37, Pearland Townsite, Brazoria County,
Texas (Located at 2218 N. Pearland Avenue)
Owner: Charles Aguirre
2254 N. Austin
Pearland, Texas 77581
Planning & Zoning Chairman Todd locco read the purpose of the hearing into the
record.
Executive Director of Community Services Tobin Maples gave a brief description of the
surrounding areas. This is part of the old townsite property. To construct a single-
family residence there needs to be an offer of intent and develop as one lot instead of
two. Staff received one public comment form in support of the rezoning. There are
mixed uses with the Comprehensive Plan since this is in the Village District. Staff
recommends approval since this is consistent with the surrounding areas.
There were no applicant presentations.
There were no citizen comments.
There were no comments or questions from Staff or the Commissioners.
The Public Hearing adjourned at 7:00 p.m.
The Public Hearing for Zone Change Application No. 1167 was called to order at 7:01
p.m.
ZONE CHANGE APPLICATION NO. 1167
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification General Business District (GB) to Single Family Dwelling District
(R-4), on the following described property, to wit:
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Legal Description: A tract of land containing 6,250 square feet of land known at Lot
15, Block F, of Pearland Townsite, Brazoria County, Texas, according to the map or
plat thereof recorded in Volume 29, Page 41, of the Deed Records of Brazoria County,
Texas, (Located at 2120 Grand Boulevard)
Owner: Richard Gonzalez
2407 Kay Avenue
Pearland, Texas 77581
Planning & Zoning Chairman Todd locco read the purpose of the public hearing into the
record.
Executive Director of Community Services Tobin Maples gave a brief description of the
surrounding area. The owner wants to build a single-family residence. The land is part
of the old townsite. There were no public comment forms received either for or against
rezoning the property. Staff recommends the approval, since this is consistent with the
area.
There were no applicant presentations.
There were no citizen comments.
There were no questions or comments from Staff or the Commissioners.
The Public Hearing adjourned at 7:05 p.m.
The Public Hearing for Specific Use Permit Application No. 134 was called to order at
7:06 p.m.
SPECIFIC USE PERMIT APPLICATION NO. 134
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification General Business District (GB) to General Business District —
Specific Use Permit (GB(S)), for storage and mini -warehouse, on the following
described property, to wit:
Legal Description: 6.3601 acre tract of land (called 6.363 acres) out of Lots 49 and 50
of the Allison Richey Gulf Coast Home Company Subdivision of Section 85, H.T. &
B.R.R. Company Survey, Abstract 304, Brazoria county, Texas, according to the map
or plat thereof recorded in Volume 2, Page 107, of the plat records of Brazoria County,
Texas (Located at 9808 Broadway Street)
Owner: The Peterson Group
8325 Broadway Street # 202-88
Pearland, Texas 77062
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Applicant: WC Properties — Dan Cheek
16615 Sealark
Houston, Texas 77062
Planning & Zoning Chairman Todd locco read the purpose of the hearing into the
record.
Executive Director of Community Services Tobin Maples stated this was a specific use
permit to construct a mini warehouse expansion towards the east development. Staff
received three public comment forms in favor and one public comment form in
opposition to this permit. The Comprehensive Plan does recommend medium density
residential. Things have developed differently, this is not desirable for medium
residential and there is not a proper buffer or transition area, 6ft masonry wall
requirements, there is no proposal to build and a wall would not be the best access, but
a buffer is needed. Staff recommends approval subject to the buffer/wall being built.
Brad Richardson, 15409 Cypress, Texas, stated that he will build a wall, but could plant
some Oleanders or foliage.
There were no citizen comments.
Planning and Zoning Commissioner Neil West asked how many units are being built in
the storage facility right now.
Brad Richardson stated there were 373 units under construction.
The Public Hearing adjourned at 7:20 p.m.
The Public Hearing for Zone Change Application No. 1140 was called to order at 7:21
p.m.
ZONE CHANGE APPLICATION NO. 1140
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: 1.00 acres, Lot 19, Block 3, Skyway Manor, Abstract 241, H.T. &
B.R.R. Company Survey, Brazoria County, Texas (Located at 2951 Manvel Road)
Owner: Jose David Rosa
11410 Sharpview
Houston, Texas 77072
Applicant: M. Jackson Tabor
2016 Main, Suite 110
Houston, Texas 77002
PAGE 6 OF 11 - 04/19/2004
Planning and Zoning Chairman Todd locco read the purpose into the record.
Executive Director of Community Services Tobin Maples states this would bring an
existing building into compliance. Staff received one public comment form in support
and none in opposition. He gave a brief description of surrounding property. The
Comprehensive plan recommends low density residential. The lot does not meet the
minimum width; the minimum is 150 ft for commercial and they have 112 ft.
Mr. Jackson Tabor, agent for Mr. Rosa, 2016 Main St., Ste 110, Houston, stated Mr.
Rosa purchased the property two years before it was annexed into the City limits. Mr.
Rosa has cleaned up the property and put a body shop on the property. He has now
added another lot to the property and feels that he should be able to operate as a
commercial business.
There were no citizen comments.
Planning and Zoning Commissioner Ruby Sandars asked if the owner was adding on to
the building for the site.
Executive Director of Community Services Tobin Maples stated that the owner was
going through the permitting issues at this time.
The Public Hearing adjourned at 7:33 p.m.
The Public Hearing for Zone Change Application No. 1155 was called to order at 7:34
p.m.
ZONE CHANGE APPLICATION NO. 1155
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: Hickory Creek Place, Lot 9, Block 3, Brazoria County, Texas
(Located at 2106 O'Day Road)
Owner: Don and Margarette Chasteen
3419 Monarch Meadow Lane
Pearland, Texas 77581
Planning and Zoning Chairman Todd locco read the purpose into the record.
PAGE 7 OF 11 - 04/19/2004
Executive Director of Community Services Tobin Maples gave a brief description of the
surrounding property. There were no public comment forms either for or against the
application. The property is an existing office warehouse, originally proposed in 1999
to M-1, that request was denied. The property is sitting idol and commercial is more
consistent with area therefore Staff recommends approval.
Margarette Chasteen, 3419 Monarch Meadow Lane, Pearland, stated the property has
been sitting idol. They had been running a pharmacy business and thought the
property was approved since 1999 as commercial. She feels this is certainly a
commercial piece of property.
There were no citizen comments.
Planning and Zoning Commissioner David Ransom asked what was the Zoning Board
Authority's variance.
Executive Director of Community Services Tobin Maples stated it was lot width.
The Public Hearing was adjourned at 7:40 p.m.
The Public Hearing for Zone Change Application No. 1168 was called to order at 7:41
p.m.
ZONE CHANGE APPLICATION NO. 1168
Request for an amendment to the Land Use and Urban Development Ordinance of said
City from classification Suburban Development District (SD) to Planned Unit
Development (PUD), on the following described property, to wit:
Legal Description: Tract 1, 60.0000 acres situated in the James Hamilton Survey,
Abstract No. 876, being all of lots 39, 39'/2, 40, 40'/2, 41, 41 '/2, 42, 42'/2, 55, 55'/2, 56,
and 56'/2 in section or block "F" in the Allison -Richey Gulf Coast Home Co.'s part of the
Suburban Gardens Subdivision; Tract 2, Parcel A: All of lots 53 and 54 and the south
fifty feet of lots 43'/2 and 44'/2 of Allison -Richey Gulf Coast Home Company
Subdivision, Section F James Hamilton Survey A-876; Parcel D, 882,971 square feet of
land out of the Allison -Richey Gulf Gulf Coast Home Company Subdivision, Section
"F", in the James Hamilton Survey A-876; Tract 3, 44.00 acres being all that parcel of
land being all lots 9'/2, 101/2,23,23 '/2, 23, 23 1.2, 25, 25 1.2, 26, 26 1.2, of Allison -
Richey Gulf Coast Home Company Subdivision, according to plat thereof recorded in
Volume 3, Page 4, out of section "F" of said subdivision, all in Harris County, Texas
Located at the Southwest Corner of State Highway 299 and Beltway 8)
Owner: Sandra G. Bybee, Mary Susan Lindholm, Margaret Gready Bybee,
Martha B. Soland, Marilyn B. Dawson, Jeanette B. Nichols
PAGE 8 OF 11 - 04/19/2004
Applicant: Jeff Gustafson of Lennar Partners and LNR Clear Creek Spectrum
LP
5400 LBJ Freeway, Suite 1070
Dallas, Texas 75240
Planning & Zoning Chairman Todd locco read the purpose of the public hearing into the
record.
Executive Director of Community Services Tobin Maples gave a brief description of the
surrounding property from Suburban Development District (SD) to Planned Unit
Development (PUD). A master plan campus setting is being proposed. 143 acres of
mixed uses, light manufacturing, commercial, office/retail with hike and bike trails. All other
items remaining have been resolved. There are 42 acres not in City Of Pearland limits a
voluntary annexation is to be adopted on June 28, 2004.
Laue Catrell, Vice President of LNR Property Corporation spoke on both the financial
capability and development experience of the company. Mr. Catrell also gave the
background information about LNR Property Corporation.
Robin McCaffery stated this is a complex area and is well positioned with the visions that
the city has for future development.
Mike Klaus, 5016 Groveton, asked how this has compared to other communities with
master plans in the area.
Mayor Tom Reid stated this sets the standards upfront and what can happen to the
other acreage.
Councilmember Larry Marcott asked why there was a golf course in this development,
since land is valuable, wouldn't there be more mileage with buildings.
Planning & Zoning Vice Chairperson Sheryl Greiner referred to the Spectra Planned
Unit Development (PUD) document, page 6, "B" District page 54-58, there are
numerous things that are scientist based, things that could be allowed are talked about
in the chart. Also there is a lot of latitude in "B" district and could wind up with nothing
technical.
Planning & Zoning Commissioner Ruby Sandars thought that Spectra was bringing
Medical/Bio/Research businesses, why did the developer choose not to use Unified
Development Code District.
Robin McCaffery stated that they borrowed the language from the Unified Development
Code District but Spectra's was more realistic with what the City of Pearland wanted to
see.
PAGE 9 OF 11 - 04/19/2004
Laue Catrell stated that they could create an environment with a good plan, and able to
market bio medical companies, creating the environment to be successful, and its close
to Houston Medical Center.
Planning & Zoning Commissioner Ruby Sandars asked if negotiating to purchase more
of the 1000 acres.
Planning & Zoning Commissioner Neil West asked what is the closest project that LNR
Properties has done.
Laue Catrell stated there is a park in Dallas, and LNR Properties just bought a new park
in California. Mr. Catrell also stated that they had interviewed different companies that
have worked in or around the Woodlands and other areas or communities. The
company is receiving input is from several successful parks.
Executive Director of Community Services Tobin Maples stated their PUD is the
centerpiece to the City's vision, by putting the tool into place, as the City of Pearland
develops the PUD and all the surrounding communities develop as good as the City
does. The City is able to write controls for the Business District and implement them on
the other 1,000 acres.
Councilmember Larry Marcott stated the developer needed to concentrate on the trade
center.
Planning & Zoning Vice Chairperson Sheryl Greiner stated that District "C" chemicals
could be stored.
Robin McCaffrey stated that is a fundamental part of what they do, but the government
regulator is OSHA.
Executive Director of Community Services Tobin Maples stated that petrochemical is
prohibited.
Planning & Zone Vice Chairperson Sheryl Greiner asked if City of Pearland would be
responsible for responding to a fire call.
Executive Director of Community Services Tobin Maples stated yes, and that the City is
looking into areas in Shadow Creek Ranch for a fire station.
The Public Hearing adjourned at 8:49 p.m.
The Public Hearing for Land Use & Urban Development Ordinance Text Amendment
was called to order at 8:50 p.m.
LAND USE AND URBAN DEVELOPMENT ORDINANCE TEXT AMENDMENT
PAGE 10 OF 11 - 04/19/2004
Request for an amendment to Section 24.11 (4) Prohibited Signs, Advertising, Lighting,
of the City of Pearland Land Use and Urban Development Ordinance (Ordinance No.
509-H)
Applicant: City of Pearland
Planning & Zoning Chairperson Todd locco read the purpose of the hearing into the
record.
Executive Director of Community Services Tobin Maples discussed several
amendments to the ordinance and discussed the Unified Development Code. The
ordinance needs to limit the number of text amendments, Neon, flashing signs, or
prohibit these signs.
There were no applicant presentations.
There were no citizens speaking for or against the amendment.
Council member Larry Marcott believes that the City has become a Las Vegas strip.
The City needs to stop the neon signs, and the ordinance needs to be changed. He
does not want to see anymore of these signs.
Executive Director of Community Services Tobin Maples stated that all signs that have
been permitted become non -conforming users.
Council member Klaus Seeger asked if they add anything to the community.
City Attorney Darrin Coker stated that the city can regulate time, the place and the
temp, but keep in mind if wants to allow the messages or not.
The Public Hearing adjourned at 9:11 p.m.
Minutes respectfully submitted by:
Betty Forem for Trish Broussard, Planning & Zoning Secretary
Minutes approved as submitted and/or corrected this 13th day of December ,
2004, A.D.
Tom Reid, Mayor
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