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2004-08-16 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 r ON AUGUST 16, 2004 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 6:50 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 Ruby Sandars P & Z Commissioner Sheryl Greiner P & Z Commissioner Linda Cowles P & Z Commissioner Ruby Sandars P & Z Commissioner Neil West P & Z Secretary Betty Foreman Absent: Councilmember Richard Tetens, Planning & Zoning Commissioners Todd locco and David Ransom. Also in Attendance: City Manager Bill Eisen; Deputy City Manager Alan Mueller; City Attorney Darrin Coker; Deputy City Attorney Ngheim Doan; City Secretary Young Lorfing; Planning Manager Lata Krishnarao; Senior Planner Theresa Grahmann; Plans and Plats Administrator Richard Keller; City Engineer Douglas Kneupper; Executive Director of Community Services Nick Finan; PEDC Director Fred Welch. PURPOSE OF HEARING The Public Hearing for Zone Change Application 1185 was called to order at 6:51 p.m. Zone Change Application No. 1185 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: 1.3718 acre tract of land out of Lot 51 of the Allison Richey Gulf Coast Home Company Subdivision of Section 19, H.T & B.R.R. Company Survey, Abstract 243, according to the map or plat thereof recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas, Pearland, Brazoria County, Texas (Located on the West Side of Stone Road, and on the North Side of Seddon Road) PAGE 1 OF 8 - 08/16/2004 Owner: Michael Shane West 1754 Stone Road Pearland, Texas 77581 Planning & Zoning Chairman Ruby Sandars read the purpose of the hearing into the record. Senior Planner Theresa Grahmann gave a brief description of the property. Ms. Grahmann stated that the owner intended to construct a detached garage on the property. Several properties in the area is zoned residential R-1, designated low density residential. The property is in compliance with the Future Land Use plan and the Comprehensive plan. Staff received no public comment forms either in favor or against the zone change„ Staff recommends approval. There were no public comments. There were no comments or questions from either the Councilmembers or the Commissioners. The Public Hearing for Zone Change Application 1185 adjourned at 6:59 p.m. The Public Hearing for Zone Change Application No. 1184 was called to order at 7:00 p.m. Zone Change Application No. 1184 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Busines District (GB), on the following described property, to wit: Legal Description: 6.743 acres, out of a 39.3673 acre tract, as recorded in File No. 98- 044746, as recorded in the Official Records of Brazoria County, Texas, and also out of Lot 32, Allison Richey Gulf Coast Home Company's Part of Suburban Gardens, Section 19, as recorded in Volume 2, Page 23 and 24, Plat Records of Brazoria County, Texas, H.T. & B.R.R. Company Survey, Section 19, Abstract 234, Pearland, Brazoria County, Texas (Generally located on the North Side of FM 518 (Broadway Street), and on the West Side Zapalac Road) Owner: Pearland Plaza Ltd. 16325 Westheimer Road Houston, Texas 77082 Applicant: Bruce T. Fehr 7400 Fannin Street, Ste 950 Houston, Texas 77054 P & Z Chairman Ruby Sandars read the purpose of the hearing into the record. PAGE 2 OF 8 - 08/16/2004 Senior Planner Theresa Grahmann gave a description of the stated property. The subject property was annexed into city in 1995 and the owners have indicated they would like to build a retail shopping center. The subject property is zoned as Business Commercial, and the Future Land Use plan and the Comprehensive Plan. Staff believes that the subject property is in an area that is primarily retail and would comply with the zoning districts. One point to note that when the property is developed it would have to be platted and possibly a Traffic Impact Analysis for driveway placement. Staff received one public comment form in support of the request. Bruce Fehr, 7400 Fannin Street, Houston, spoke that the developer was planning to build a 60,000 to 70,000 square foot shopping center depending on the parking requirements and available area, may only have one or two pad sites available. The developer has started the Traffic Impact Analysis and very close to starting the preliminary platting process. Bill Favor, 3933 Meadowlark Way, owns the property just to the east of the subject property and is in favor of the zone change. Mr. Favor wants to know, what is going to happen to Zapalac Road. He does have drainage concerns and wants to know how would the utilities be handled. Mayor Tom Reid restated the questions that had been raised by the public, regarding the drainage, Zapalac Road, and the utilities. Planning & Zoning Commissioner Neil West asked if Zapalac Road was to be an access road for the property or was it just there. Mr. Favor stated that Zapalac Road ran along the side of his property. Planning & Zoning Commissioner Neil West then asked if Mr. Favor used Zapalac Road for access. Mr. Favor stated that he did not, but others did. Council member Kevin Cole stated that there were several single family homes along Zapalac Road all the way to Hickory Slough, and those homes would need access, and this is a question that would be raised that Staff and the developer would have to work on. Senior Planner Theresa Grahmann stated that Zapalac Road runs North and South and is not on the Major Thoroughfare plan as a major collector, just a local residential street. Deputy City Manager Alan Mueller stated that during the platting process the developer would need to designate enough Right -of -Way and whether or not it has open ditches, a 50 ft Right -Of -Way would have to be allowed along the property. When faced with similar situations in the past, the City would require a Traffic Impact Analysis. The Traffic Impact Analysis would determine if Zapalac Road would be a primary access point and would need- to service the property, then improvements along Zapalac Road could need to be done. PAGE 3 OF 8 - 08/16/2004 Council member Kevin Cole asked if Zapalac Road was private. Mr. Favor stated that the road had been deeded to the County. Deputy City Manager Alan Mueller stated that this road along with several others were originally public Right -of -Ways. Prior to annexation these roads had been removed from the County maintenance logs, so essentially when the City took over, the City took over the County's responsibility. 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 ZONE CHANGE APPLICATION NO. 1183 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 7, Block 9, Hickory Creek Place, Pearland, Brazoria County, Texas (Located on the East side of Garden Road and on the South side of Marsha Lane) Owner: Richard M. Gonzalez 2407 Kay Avenue Pearland, Texas 77581 Planning & Zoning Chairman Ruby Sandars read the purpose of the hearing into the record. 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. He did not want this 2 years ago, and does not want this now. PAGE 4 OF 8 - 08/16/2004 Charles McMurray, 5209 Spring Branch Drive, is against the proposed zone change. 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. Mr. Schanz asked what happens if two years down the road if the daycare does not make it. Since the applicant has a permit, they may 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. 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. PAGE 5 OF 8 - 08/16/2004 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. 1186 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), and amendment to the original PUD, on the following described property, to wit: Legal Description: A 39.50 acre tract of land situated in the D.H.M. Hunter Survey, Abstract 76, Pearland, Brazoria County, Texas; and an 83.83 acre tract of land situated in the D.H.M. Hunter Survey, Abstract 76, and the H.T. & B.R.R. company Survey, Abstract 233, Pearland, Brazoria County, Texas (Located on the East side of Old Alvin Road, and on the North Side of Orange Street) Owner: City of Pearland (City initiated zone change) Planning & Zoning Chairman Ruby Sandars 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 public 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. PAGE 6 OF 8 - 08/16/2004 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 order at 9:25 p.m. ZONE CHANGE APPLICATION NO. 1182 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Light Industrial District (M-1) to Planned Unit Development (PUD), on the following described property, to wit: Legal Description: 10.407 acres, out of Lots 44, 45, and 49, W. Zychliniski Subdivision, as recorded in volume 29, Page 43, Brazoria County Deed Records, H.T. & B.R.R. Company Survey, Abstract 232, and R.B. Lyle Survey, Abstract 542, Pearland, Brazoria County, Texas (Generally Located at the Northwest Corner of State Highway 35 (Main Street) and Halik Road) Owner: Pauluhn Electric Manufacturing LLP 1616 North Main Street Pearland, Texas 77581 Applicant: Kerry R. Gilbert and Associates 1518 Park Ten Place, Suite 160 Houston, Texas 77084 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. 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 Staffs 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. PAGE 7 OF 8 - 08/16/2004 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 public 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. 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: Ax Betty Fooman, Planning & Zoning Secretary Minutes approved as submitted and/or corrected this 1ot" day of Janua , 2005, A.D. oma Tom eid, Mayor PAGE 8 OF 8 - 08/16/2004