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2004-10-18 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 OCTOBER 18, 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 Council Member Council Member Council Member Council Member P & Z Chairman P & Z Commissioner P & Z Commissioner P & Z Commissioner Tom Reid Larry Marcott Kevin Cole Woody Owens Richard Tetans Ruby Sandars David Ransom Joe McWhorter Neil West Absent: Mayor Pro -Tem Charles Viktorin, City Engineer Doug Kneupper, Planning & Zoning Commissioners Sheryl Greiner, Todd locco, and Peter Dumont Also in attendance: City Manager Bill Eisen; Deputy City Manager Alan Mueller; City Attorney Darrin Coker; Deputy City Attorney Nghiem Doan; City Secretary Young Lorfing; Executive Director of Community Services Nick Finan; Planning Manager Lata Krishnarao; Senior Planner Theresa Grahmann; and Plans & Plat Administrator Richard Keller. PURPOSE OF HEARING The Public Hearing for Zone change Application 1195 was called to order at 6:35 p.m. Zone Change Application No. 1195 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: 1.00 acre tract of land, Tract 9A5A, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 6313 Terrell Drive) Owner: Jose Carlos Saldivar 6313 Terrell Drive Pearland, Texas 77584 Page 1 of 12 — JPH Minutes 10/18/04 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Senior Planner Theresa Grahmann gave a description of the zone application. The owner is wishing to build an addition onto the existing home. The surrounding zoning in the area is R-1 and R-3 to the North of Terrell Drive. The applicant is asking for an R-1 zone, and it does meet the guidelines for an R-1. Staff is recommending the zone change because it does comply with the existing uses in the area. The applicant was not present. There were no public comments. There were no questions or comments from the Council members, Planning & Zoning Commissioners or Staff. The Public Hearing adjourned at 6:40 p.m. The Public Hearing for Zone Change Application No. 1198 at 6:41 p.m. Zone Change Application No. 1198 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: 1.6053 acres, being the remainder of Lot 8, Hickory Place Subdivision, Abstract 310, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally located on the South side of Hughes Ranch Road (CR 403), and East of Bryan Court) Owner: Afis and Nichole Olajuwon 656 Wilcrest Drive Houston, Texas 77042 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Senior Planner Theresa Grahmann gave a description of the zone change application. The property is currently zoned Suburban Development (SD) and the reason for the request and wishes to construct a single-family residence. When the applicant originally came in Staff recommended an R-1 zoning, but after further research and review, this lot is in compliance with the R -E zoning, therefore Staff recommending an R -E zone. The main difference between and R -E and an R-1 zone is that the minimum lot size for an R -E is 1/2 acre and for Page 2 of 12 — JPH Minutes 10/18/04 R-1 is 8,800 S.F. The minimum lot width for an R -E is 120 ft and for an R-1 it is 80 ft. The front yard setbacks for an R -E lot are 40 ft, and for an R-1 it is 25ft. Staff is disapproval of the R-1 and approval of the R -E zoning. This would be in compliance with the Comprehensive Plan calling for the larger lots along Hughes Ranch Road. The applicant had no comments. There were no public comments. Council member Larry Marcott asked if this property was on the East side of the school. Senior Planner Theresa Grahmann stated yes, the school is on the West side of Bryan Court. Council member Kevin Cole asked if the Planning & Zoning Commission could vote for an R -E zone or do we have to go back and have another public hearing for the new designation. Mr. Cole stated that he had a problem, according to Staff's comments earlier when the applicant originally came in it was recommended an R-1 zone, but later on Staff stated and R -E was more appropriate. City Attorney Darrin Coker stated that Planning & Zoning could vote on the R -E zoning at this time. Mayor Tom Reid stated that he did not think that Staff recommended the zoning Council member Theresa Grahmann stated that when the public comes in for a zone change, they know that they want residential. At the time when an applicant comes in all they have with them is the survey, and they are advised of what may be appropriate. Staff does not look at the Future Land Use map at that time, only when Staff gets into the analysis of the application did they discover that an R -E zone would be more appropriate in this case. Council member Richard Tetans asked if the applicant was all right with the change from an R-1 to an R -E zoning. Mr. Olajuawan stated that he was fine with it. Council member Woody Owens asked what the difference between this case from the previous case. Since both are large enough for the R -E zoning. Senior Planner Theresa Grahmann stated the main difference was that on the previous case there was a house already built at the R-1 setbacks, therefore it was recommended to stay with the R-1. This lot did not have a house built on it. Page 3 of 12 — JPH Minutes 10/18/04 There were no other questions or comments from the Council members or Planning & Zoning Commissioners. The Public Hearing for Zone Change Application No. 1198 adjourned at 6:50 p.m. The Public Hearing for Zone Change Application No. 1196 was called to order at 6:51 p.m. Zone Change Application 1196 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: 6.394 acres of land, being a part of Lot 7 of the Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section 21, H.T. & B.R.R. Company Survey, Abstract 309, Brazoria County, Texas, according to the plat at recorded in Volume 2, pages 23 and 24, Plat Records of Brazoria County, Texas (Generally located on the South Side of Broadway Street (FM 518) and on the East Side of Ower Lane). Owner: Charles W. Kennedy, Jr., Trustee 2764 Bingle Houston, Texas 77055 Applicant: Brazosport Cardiology 215 Oak Drive South, Suite L Lake Jackson, Texas 77566 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Senior Planner Theresa Grahmann gave a description of the property. The property has been undeveloped until now, and the applicant is proposing a medical facility on the property. The surrounding area is currently zoned General Business. The Comprehensive Plan and Future Land Use Plan recommends Retail Office & Services use for the property. This zone request would be in compliance with the Comprehensive Plan. The applicant will have to dedicate Right -of -Way for Ower Lane at time of platting. Ower Lane would eventually connect with Cullen Blvd. The applicant may have to provide a Traffic Impact Analysis. Staff is recommending approval. The applicant had no comments. There were no public comments. Page 4 of 12 — JPH Minutes 10/18/04 Council member Kevin Cole asked if the applicant was aware of the Right -of - Way dedication. Senior Planner Theresa Grahmann stated that the applicant was aware as this was discussed in Pre -Development meetings. Planning & Zoning Chairperson Ruby Sandars asked how much land would the applicant be giving up. Senior Planner Theresa Grahmann stated that Ower Lane is a 60 ft Right -of - Way, and would only clip the corner of the property. Ower Lane would have to swing over to meet up Sunrise Meadow. Council Member Larry Marcott asked if there was enough property to develop. Planning Manager Lata Krishnarao stated that this was a difficult property to develop, and the applicant was aware that there might be some driveway issues that would have to be addressed. The Public Hearing for Zone Change Application No. 1196 was adjourned at 7:00 p.m. The Public Hearing for Zone Change Application No. 1193 was called to order at 7:01 p.m. Zone Change Application 1193 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to General Business District (GB), on the following described property, to wit: Legal Description: 1.00 acre tract out of the North 1/2 of Lot 22, Allison Richey Gulf Coast Home Company Subdivision, Section 81, H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 98, of the Plat Records of Brazoria County, Texas (Generally located on the South Side of Future Broadway Street (County Road 92), and on the East Side of Glosson Road) Owner: William C. Walsh P.O. Box 760 Pearland, Texas 77587 Applicant: Melinda Rosinski 6220 Gardnia Pearland, Texas 77581 Page 5 of 12 — JPH Minutes 10/18/04 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Senior Planner Theresa Grahmann gave a description of the property. The subject property does not meet the standards of General Business (GB) it is not wide enough. The property to the north does comply with the standards of General Business. The applicant would combine the two properties, which together would meet the standard of General Business. After review of the Comprehensive Plan and the Future Land Use Plan, Staff determined that Glosson Road would be the dividing line between low density residential and the business park. Staff believes that this property is in compliance with the General Business standards. Staff is recommending approval because it does meet the General Business standards and in conformance of the Comprehensive Plan. There were no comments from the applicant. There were no public comments. Council member Larry Marcott asked why the land west of Glosson was determined to low density residential. Senior Planner Theresa Grahmann stated that the zoning lines do not always follow roads. Council member Richard Tetans asked what the diagonal line was on the map. Senior Planner Theresa Grahmann stated that was an overhead transmission line. There was a discussion among the Council members, Planning & Zoning Commissioners and Staff regarding easements along the property. A discussion ensued between the Council members, and Staff regarding if the zoning along Glosson Road, and the how close the business park would be to residential area. The Public Hearing for Zone Change Application No. 1193 was adjourned at 7:09 p.m. The Public Hearing for Zone Change Application No. 1194 was called to order at 7:10 p.m. Page 6 of 12 — JPH Minutes 10/18/04 Zone Change Application No. 1194 Request for an amendment to the land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-4) to Commercial District (C), on the following described property, to wit: Legal Description: 0.34 acre tract of land located in the W.D.C. Hall Survey, Abstract 70, City of Pearland, Brazoria County, Texas (Generally located South of Broadway Street (FM 518), and West of Liberty Drive) Owner: Donya LLC 13630 Beamer # 107 Houston, Texas 77089 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Planning Manager Lata Krishnarao gave a description of the property. This property is a land locked piece, which is currently zoned R-4, Single -Family residential. The applicant is requesting the zone change to use the property for commercial uses, as part of the commercial development adjacent to the east. The applicant would be required to replat the entire property to make it larger. The Future Land Use shows the property, as being designated for semi public uses, due to the fact the library is located just to the south. The City used to own this property, but sold it to the applicant. The Future Land Use designation may not be appropriate for that small parcel due the City not owning it any longer. The subject property is land locked and is not in compliance with the Commercial Zone, but once adjoined to the larger commercial property, it would conform. Since the corner is being developed as commercial, Staff does not feel that rezoning this small parcel would not create a negative impact on the surrounding properties. Staff is recommending approval. Mr. Al Osborne, Osborne & Vane Architects, representing the owner. Mr. Osborne wanted to emphasize that the piece is land locked and the owner is intending to replat the entire area to include this piece. There were no public comments. Council member Richard Tetans asked if this was the tract of land that was purchased from the City a few years ago. Mr. Jay Javadi, Donya LLC, stated that it was Page 7 of 12 — JPH Minutes 10/18/04 Council member Richard Tetans stated that it was his understanding that this was to be used as detention. City Attorney Darrin Coker stated that the City had needed property to install a right turn corner flip, and the other area was to be used as detention. Mr. Jay Javadi stated that there were two transactions, one to allow the right turn flip and the other was to purchase offsite detention. A discussion ensued between the City Attorney Darrin Coker and Mr. Jay Javadi regarding the original land purchase and sale between the City of Pearland and Donya LLC, whether or not the smaller parcel was to be used for detention. Planning & Zoning Chairperson Ruby Sandars asked if this was to be used for more parking of if the owner was going to build on it. Mr. Jay Javadi stated it was the intention to build on it. A discussion ensued between Staff, City Attorney Darrin Coker, Council members, and Planning & Zoning Commissioners regarding the current parking lot being constructed, future parking for further development, and current drainage issues. There were no other comments or questions from the Council members, Planning & Zoning Commissioners and Staff. The Public Hearing for Zone Change Application No. 1194 was adjourned at 7:26 p.m. The Public Hearing for Zone Change Application No. 1197 & Specific Use Permit No. 136 was called to order at 7:27 p.m. Zone Change Application No. 1197 & Specific Use Permit No. 136 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 — Specific Use Permit (R-1 (S)), on the following described property, to wit: Legal Description: 5.00 acres of land being the west half of Lot 19, Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section 80, H.T. & B.R.R. Company Survey, Abstract 564, Brazoria County, Texas, according to the Plat recorded in Volume 2, Page 98 of the Plat Records of Brazoria County, Texas (Located at 12216 West Broadway Street) Page 8 of 12 — JPH Minutes 10/18/04 Owner: Pearland New Harvest Christian Fellowship, Inc. 12216 W. Broadway Street Pearland, Texas 77584 Applicant: Pastor Keith Anderson P.O. Box 1211 Pearland, Texas 77588 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Planning Manager Lata Krishnarao gave a brief description of the property. This is currently zoned at Suburban Development (SD) and the applicant wishes to have the property rezoned as R-1 with a specific use permit. The applicant is a church and wishes to build additional church buildings on site. In an R-1 zone churches are allowed with specific use permits. The Future Land Use Plan shows the area with an R -E zone or an R-1. This application is in conformance with the Future Land Use and Comprehensive Plan. At the time of platting there may be a Traffic Impact Analysis needed. Also at the time of platting there may be more dedication required. Staff has a few issues, which are facade, screening, and some site planning requirements. In an R-1 zone, unless there are specific conditions there are no regulations for facade or screening (fencing) along a major thoroughfare, which Broadway has been designated. Staff recommends the specific use permit be approved and if Council desires to put conditions on the facade and screening (fencing). Staff is in favor of zone change to R-1 with a specific use permit, and Staff feels this is compatible to the surrounding area. There were no applicant comments. There were no public comments. There were no comments from Staff, Council members, and Planning & Zoning Commissioners. The Public Hearing for Zone Change Application No. 1197 & Specific Use Permit No. 136 adjourned at 7:39 p.m. The Public Hearing for Zone Change Application No. 1174 was called to order at 7:40 p.m. Zone Change Application No. 1174 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-4) to Planned Unit Development (PUD), on the following described property, to wit: Page 9 of 12 — JPH Minutes 10/18/04 Legal Description: 29.3049 acres of land out of Tract 162 of the W. Zychlinski Subdivision of Section 28, H.T. & B.R.R. Company Survey, Abstract 551, according to the map or plat thereof recorded in Volume 29, Page 9, of the Deed Records of Brazoria County, Texas, and being a part of the lands described in deed to R. West Development Co., Inc. Recorded under Brazoria County Clerk's File No. 99-040666, and a deed to Ravenwood Section 3, Ltd., recorded under Brazoria County Clerk's File NO. 02-037050, both of the Official Public Records of Brazoria County, Texas (Generally located on the West Side of Future Pearland Parkway, and North of Industrial Drive) Owner: R. West Development Company, Inc. 6302 Broadway, Suite 205 Pearland, Texas 77581 Planning & Zoning Chairperson Ruby Sandars read the purpose of the hearing into the record. Planning Manager Lata Krishnarao gave a description of the property. This was a request to change the zoning from an R-4 zoning to a Planned Unit Development (PUD). A brief history on zoning, this was a property that was originally zoned Multi - Family, and recently when Council reviewed the zoning of Multi -Family parcels, this property was changed to an R-4 zone. This property is between an R-2 zone Single Family homes and an Industrial zone. The applicant is proposing to build single-family attached homes. This will be an active 55 and older gated community. Some of the amenities proposed are a clubhouse, a swimming pool, and walking trails throughout the complex. The residents will also have access to an adjoining 9 -acre lake to the parcel. The access to the property will be off English Lakes Drive. The applicant is proposing a two-phase schedule, the first phase would include all the amenities and 126 units, with the second phase completing the units. A Multi -Family PUD allows 19.36 units per acres, an R-4 PUD allows 11.4 units per acre and the applicant is proposing 9.15 units per acre. The density is between and R-4 PUD and a straight R-4 zone. The property is not in conformance to the Comprehensive Plan and the Land Use and Urban Development Ordinance. There are two issues one the use of the property and the second is the density of the property. The Comprehensive Plan update recommends medium use residential uses for the property and the Comprehensive Plan describes medium use as single family lots with between 6,000 S.F. and 7,000 S.F., patio homes and town home development, with an R- 2, R-3, and R-4. The apartments do not fall into this description. In terms of density, the maximum density recommended by the ordinance for a straight R-4 Page 10 of 12 — JPH Minutes 10/18/04 not an R-4 PUD, but a straight R-4 is 6.1 dwelling units per acre and an R-4 PUD is 11 dwelling units per acre, this proposal with 9.15 dwelling units per acre is between a straight R-4 and an R-4 PUD. This will conformance to the requirements. The thoroughfare plan is not affected by this development. Staff feels the proposed use is in conformance with the Comprehensive Plan for density but not use. This PUD was presented to the Planning & Zoning Commissioners at their regular meeting of October 4, 2004, and there some recommendations the Commissioners made. The applicant has addressed these recommendations. A Traffic Impact Analysis may be required at the time of platting. Staff is in favor of this proposed PUD and Staff also thinks this is a good use of the parcel. Staff has received one comment form in favor of the zone change request. Renee McGuire, 2401 Country Club, stated that she plans to build a retirement community for active 55 and older individuals. Ms. McGuire stated that she had addressed the drainage issues. The utilities have been addressed and all the lines are already in place to accommodate the development. Ms. McGuire also feels that this is a good use of the property and will make a nice buffer between the homes at Towne Lake Estates and the industrial businesses. Shawn Mcleod, 3914 Travis Lake Ct., had several questions. One question is he understands that 80% of the units will be rented to 55 and older, but will there be children and what size of families will be able to live there. He also has concerns with the proposed added traffic onto the streets and the density. He would rather see an R-4 density of 6 units per acre versus the 9.15 units per acre. Tony Gambini, owner of Piper Pipe Rentals, P.O. Box 1186, Friendswood, has concerns regarding the access road and the buffer zone between his property and the proposed development. His business has been in that location since 1989, and wants to know how this will affect his business. He also has a concern regarding an 8 ft masonry fence along the backside of his property. Mr. Gambini also wants to know will he get answers to his questions and when. There were no other public comments. Council member Larry Marcott concurs with Mr. Gambini is also concerned with the level of noise at night produced by the pipe yard, since this is a 24-hour a day business. Mr. Marcott is also concerned with the 200 ft of fence, since it appears to be more area than that. Mr. Marcott also asked what did the houses look like, and it was stated that the residents would have a minimal affect on traffic. Renee McGuire stated that these residents will be retired and will not affect the rush hour type of traffic. Ms. McGuire also stated that these would be average of 900 sq. ft. Page 11 of 12 — JPH Minutes 10/18/04 Council member Larry Marcott stated that he was concerned with the fence and the noise level from the business. There was a discussion between the City Council members, Staff, and the applicant regarding whether or not to have an 8 ft. solid masonry fence or wrought iron fence. The discussion also ensued regarding the possible noise level from the business on the south of the property. A discussion was also held regarding an access road running on the backside of the pipe yard. Ms. McGuire stated that to her knowledge it was a standard 70 ft right of way, with no plans of developing it. The question was asked regarding the fire hydrants, and it was clarified that the apartments will be 100 % sprinkled. Council member Woody Owens stated that he thought this was a good use of the property. There were no other comments from Staff, Council members, and Planning & Zoning Commissioners. The Public Hearing for Zone Change Application No. 1174 adjourned at 8:12 p.m. These minutes respectfully submitted by: Betty Fore an, Planning & Zoning Secretary Minutes approved as submitted and/or corrected on this 27th day of June , 2004. Tom Reid, Mayor Page 12 of 12 — JPH Minutes 10/18/04