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2004-07-19 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 JULY 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 8:30 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Charles Viktorin Council Member Larry Marcott Council Member Kevin Cole Council Member Woody Owens P & Z Chairman Todd locco P & Z Vice -Chairman Sheryl Greiner P& Z Commissioner David Ransom P & Z Commissioner Linda Cowles P & Z Commissioner Ruby Sandars P & Z Commissioner Neil West P & Z Secretary Betty Foreman Absent: Councilmember Richard Tetens. Also in Attendance: City Manager Bill Eisen; Deputy City Manager Alan Mueller; City - Attorney Darrin Coker; City Secretary Young Lorfing; Planning Manager Lata Krishnarao; Planner I Theresa Grahmann; Plans and Plats Administrator Richard Keller; City Engineer Douglas Kneupper. PURPOSE OF HEARING The Public Hearing for Zone Change Application 1180 was called to order at 8:32 p.m. Zone Change Application No. 1180 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: 0.879 acres of land situated in the J.W. Maxey Survey, Sterling Estates Section ll, Lot 2-1, Abstract 721, Brazoria County, Texas (Located at 9122 W. Sterling Drive) Owner: Daniel and Patricia Wolfe 9122 W. Sterling Drive Pearland, Texas 77584 Planning & Zoning Chairman Todd locco read the purpose of the hearing into the record. PAGE 1 OF 8 - 07/19/2004 Planner I Theresa Grahmann gave a brief description of the surrounding properties. Ms. Grahmann stated that the property is in conformance with the comprehensive plan and consistent with the surrounding uses. Staff received no public comment forms either in support or against the zone change. Staff recommends approval. Patricia Wolfe, 9122 W. Sterling Drive, asked that council approve the zone application. The owner wants to add on to the house, either an extra bedroom or a garage. There were no citizen comments. There were no comments or questions from either the Councilmembers or the Commissioners. The Public Hearing adjourned at 8:39 p.m. for Zone Change Application 1180. The Public Hearing for Zone Change Application No. 1178 was called to order at 8:40 p.m. Zone Change Application No. 1178 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: 7.00 acres of land situated in Lot 4 of the Allison Richey Gulf Coast Company Subdivision of Section 85, H.T.& B.R.R. Company Survey, Abstract 304, Brazoria County, Texas, according to the plat recorded in Volume 2, page 107 of the Plat Records of Brazoria County, Texas (Located on the East Side of Smith Ranch Road, and South of County Road 403 (Hughes Ranch Road)) Owner: Marion Fisher Eugene L. Fisher 6425 Bankside # 1143 & 12819 Segrest Houston, Texas 77096 Houston, Texas 77047 P & Z Chairman Todd locco read the purpose of the hearing into the record. Planner I Theresa Grahmann gave a description of the stated property. This property is currently zoned as a Suburban Development, and is being requested to change to a Single Family Dwelling (R-1). The owner is wishing to construct more single-family homes on the property. The comprehensive plan shows that this area is zoned business property. Staff recommends denial of this request since this is not a business use and the main corridor of traffic is a designed for business use. Staff received one public comment form in support of the request. PAGE 2 OF 8 - 07/19/2004 Deshawnda Fisher, 10700 Fondren, Houston, speaking for the owner in support of the zone change. Ms. Fisher grew up on the property and wishes to return and build a home and raise a family on the property. The property has been in the family since 1920. There still is family living on the property and wishes to make it her residence also. Quincy Fisher, 2505 Smith Ranch Road, lives on the property and finds strange that the Comprehensive Plan shows the property as business. He also plans on living on the property and raise children there. Carletta Fisher, 2453 Smith Ranch Road, has lived there since 1976. She owns the brick home on the property. She asks if there will be consideration for her since she already lives there, or will she have to leave her home. She does not understand why she and the other owners were not told that the zoning was not residential, but business. Councilmember Larry Marcott explained that the current residents would stay, any homes on the property are grand fathered in, but asking to build new or additional homes cannot be done, since the zoning is suburban development. There were no other Staff, Commissioner, or Councilmember comments. The Public Hearing for Zone Change Application No. 1178 adjourned at 8:48 p.m. The Public Hearing for Specific Use Permit Application No. 132 SPECIFIC USE PERMIT APPLICATION NO. 132 Request for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for a day care in the Single Family Dwelling District (R-1 (S)), on the following described property, to wit: Legal Description: Lots 12, 13, 14, and 15, in Block 2, of Colonial Estates Subdivision an addition in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 9, Page 123, of the Plat Records of Brazoria County, Texas (Located at 3610 McLean Road) Owner: Pravin B. Patel and Jagdish Patel 3610 McLean Road Pearland, Texas 77584 Applicant: Lisa Diese — CBR 18815 CR 143 Pearland, Texas 77581 Planning & Zoning Chairman Todd locco read the purpose of the hearing into the record. PAGE 3 OF 8 - 07/19/2004 Planning Manager Lata Krishnarao read a brief description of the surrounding properties. The owner is wishing to build a 5,000 SF daycare on the property. Daycares are allowed in a residential area with a specific use permit. The future land use plan calls for the land to be low-density residential R-3 and R-2. In April of 2002 the applicant applied for a zone change for a daycare and service station. That application was denied. The staff recommends denial, since the land surrounding the site is residential and there is some business property located down the street. Staff feels that this development could cause some negative impact on the area. Ms. Krishnarao stated that staff received 14 public comment forms against, and 2 public comment forms in favor. Pravin Patel, 3610 McLean, feels this is an appropriate use since there is no daycare facility in the area. Mr. Patel has looked at the property on the business zone, but feels there are not enough frontages for the facility. George Contis, 3633 Lee Lane, is against the daycare facility. He feels that this would cause a negative impact on the neighborhood. Did not want this 2 years ago, and does not want this now. Charles McMurray, 5209 Spring Branch Drive, is against. McLean is a narrow asphalt road, and with a 5,000 SF facility would add more traffic to the area. Isaac Pinkney, 3618 Lee Lane, is in agreement with George Contis. He hopes Council will see the wisdom of denying this application. Roy Berkemeier, 5114 Colonial Drive, is opposed to this. There is plenty of room down the street. He moved there several years ago to have a country life raising horses and children. The City took away the horses, the children have grown, and he does not want more kids. Scott Nelson, 5034 Colonial Drive, stated he does not want to live next door to a business. He thought R-1 meant people to live there and that's the way he wants it to stay. Francis Nelson, 5034 Colonial Drive, does not want to live next door to any business. McLean road is a very narrow and busy road and does not need any more traffic in the area. The road is very narrow as it is now; the children have no place to walk to school except on the road. Carl Schanz, 5033 Confederate Drive, stated a 5,000 SF daycare is a lot of kids and a lot of traffic. There are enough problems with drainage in the area and are they going to build the property up. Mr. Schanz feels this is a backdoor attempt to bring in commercial business. Two years down the road if the daycare does not make it, they have a permit; let's bring in another business. Cliff Adams, 5201 Colonial Drive, stated the roads are only 13 ft wide, and when two cars meet, one has to get over into the ditch. There are people who like to walk in the neighborhood and have to walk on the road. He feels a daycare would disrupt the neighborhood. PAGE 4 OF 8 - 07/19/2004 Councilmember Kevin Cole asked what is the minimum depth for General Business property down the street. Planning Manager Lata Krishnarao stated that the minimum depth for General Business is 125 ft deep, 130 ft wide. Councilmember Kevin Cole did receive several phone calls from the residents of Cabot Cove against this application. Councilmember Woody Owens asked if there could be a service station in a GB zone. Planning Manager Lata Krishnarao stated that there could be a convenience store/gas station. Councilmember Woody Owens feels that this would be a problem down the road if the daycare facility should not make it; this may be an invitation to opening another type of business. Planning Manager Lata Krishnarao stated that the specific use permit is specifically for this and cannot be used for any thing else. Councilmember Kevin Cole feels this could open the door for a potential problem down the road. The Public Hearing for Specific Use Permit No. 132 was adjourned at 9:10 p.m. The Public Hearing for Zone Change Application No. 1179 was called to order at 9:11 p.m. ZONE CHANGE APPLICATION NO. 1179 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: The North 9.9226 acres of Lot 30 (Called North One -Half of Lot 30) of the Allison Richey Gulf Coast Home Subdivision of Section 21 of the H.T.& B.R.R. Company Subdivision of Section 21 of the H.T. & B.R.R. Company Survey, Abstract 309, Brazoria County, Texas, according to the plat thereof recorded in Volume 2, the West Side of County Road 89 (Old Chocolate Bayou Road), and North of Fite Road) Owner: E.R. Milstead 2950 Old Chocolate Bayou Road Pearland, Texas 77581 PAGE 5 OF 8 - 07/19/2004 Applicant: Michael Pollok 7757 San Felipe, Ste 204 Houston, Texas 77024 Planning & Zoning Chairman Todd locco read the purpose of the hearing into the record. Planning Manager Lata Krishnarao gave a brief description of the property. This property is in conformance with the 2004 Comprehensive Plan, which shows a General Business use of the property. Staff received one public comment form against the change. Staff recommends acceptance because it is in conformance with the 2004 Comprehensive plan and it is consistent with existing land uses. Mike Pollok, 10614 Tarrington, Houston, wants to develop the property in conformance with the 2004 Comprehensive Plan. There were no citizens comments. Planning & Zoning Commissioner Sheryl Greiner asked how much land was left after the Cullen Boulevard extension goes through the property. Mike Pollok stated that the property would be divided into three tracts. All will conform to the developed use. Planning & Zoning Commissioner Ruby Sandars asked if both sides of the Cullen extension would be General Business. Planning & Zoning Chairman Todd locco stated that the maps were from the 1999 Comprehensive Plan and in the 2004 Comprehensive Plan that area would be General Business. Councilmember Larry Marcott asked the developer what types of projects he had developed. Mike Pollok stated that he has done the shopping center across from Randall's in Silverlake, and the Double Daves Pizza on FM 518. The Public Hearing for Zone Change Application No. 1179 adjourned at 9:24 p.m. The Public Hearing for Zone Change Application No. 1178 was called to orderat 9:25 p.m. ZONE CHANGE APPLICATION NO. 1178 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification General Business District (GB) to Commercial District (C), on the following described property, to wit: PAGE 6 OF 8 - 07/19/2004 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 (Located on the West Side of Cullen Boulevard, and North of FM 518 (Broadway Street)) Owner: Jung Kwak 2621 Sunfish Drive Pearland, Texas 77584 Planning Manager Lata Krishnarao read a brief description of the surrounding properties. The owner had recently received a zone change to general business, but now requests a zone change to commercial to allow more options. Ms. Krishnarao stated that in Staff's opinion this is not appropriate since the only difference between general business and commercial is commercial allows outdoor storage and auto shops, where general business does not. Staff recommends denial. Jung Kwak, 2621 Sunfish Drive, asked to have the commercial zone since he feels that with a Commercial he has more opportunity than with a General Business. There were no citizen comments. Mayor Tom Reid asked if the owner had been through the predevelopment meetings with staff. Planning Manager Lata Krishnarao stated that he had and has already applied for a building permit. Mayor Tom Reid asked if maybe the owner was confused since the definitions of General Business and Commercial mean two different things in the zoning category. Planning & Zoning Commissioner Sheryl Greiner asked when the zone was originally changed to General Business. Planning Manager Lata Krishnarao stated it was changed in June 2003. Planning & Zoning Commissioner Sheryl Greiner asked what has changed since then. Planning Manager Lata Krishnarao stated she did not know what had changed. Councilmember Kevin Cole stated that Commercial zoning gave him a broader market versus spot zoning. A question to Darrin Coker, would a Commercial zone in the middle of General Business be spot zoning. City Attorney Darrin Coker stated that not if it is still consistent with the comprehensive plan. PAGE 7 OF 8 - 07/19/2004 A discussion was held regarding the building design and uses and possible parking problems. The Public Hearing for Zone Change Application adjourned at 9:39 p.m. Minutes respectfully submitted by: 81�� K�Ixr� Betty Forema , Planning & Zoning Secretary Minutes approve as submitted and/or corrected this 13th day of December , 2004, A.D. Tom Reid, Mayor PAGE 8 OF 8 - 07/19/2004