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2004-11-15 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 NOVEMBER 15, 2004, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 7:05 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tern Charles Viktorin Council Member Larry Marcott Council Member Kevin Cole Council Member Woody Owens Council Member Richard Tetens P & Z Chairman Ruby Sandars P & Z Commissioner David Ransom P & Z Commissioner Peter Dumont P & Z Commissioner Sheryl Greiner P & Z Commissioner Todd locco P & Z Commissioner Neil West Absent: Planning & Zoning Commissioner Joe McWhorter. 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; City Engineer Doug Kneupper; and Plans & Plat Administrator Richard Keller. PURPOSE OF HEARING The Public Hearing for Zone change Application 1199 was called to order at 7:09 p.m. Zone Change Application No. 1199 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to estate Lot Single Family Dwelling District (R -E), on the following described property, to wit: Legal Description: 2.00 acre tract of land, more or less, out of Lot 43, of Figland Orchard Subdivision of the H.T. & B.R.R. Company Survey, Section 13, Abstract 240, Brazoria County, Texas, according to the map or Plat thereof, recorded in Volume 3, Page 77 of the Plat Records of Brazoria County, Texas (Generally located on the East Side of Wagon Trail Road and South of Fite Road) Page 1 of 10 — JPH Minutes 11/15/04 Owner: Mary Jones 3233 Wagon Trail Road Pearland, Texas 77584 Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann gave a presentation of the zone application. The applicant is requesting the zone change in order to build a single-family residence. The Future Land Use plan recommends 10,000 SF lots or larger (R- E), the lot does fall into the designation of the R -E zoning. Staff is recommending approval of the zone change because it is in compliance with the Comprehensive Plan. There were no applicant comments. There were no public comments. There were no comments from Staff, City Council, or the Planning & Zoning Commissioners. The Public Hearing for Zone Change Application No. 1199 adjourned at 7:14 p.m. Mayor Tom Reid asked with Council's approval to move Item G, Land Use and Urban Development Ordinance Text Amendment forward. All parties approved it. The Public Hearing for Land Use and Urban Development Ordinance Text Amendment was called to order at 7:15 p.m. Land Use and Urban Development Ordinance Text Amendment Request for an amendment to the Land Use and Urban Development Ordinance of said City, to consider an amendment to Section 24.11 Prohibited Signs, Advertising, Lighting, of the City of Pearland Land Use and Urban Development Ordinance (Ordinance No. 509) Applicant: City of Pearland Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. City Attorney Darrin Coker gave a presentation for the amendment to the sign ordinance, to allow off premise signs. The request is by the school district to be allowed to install larger signs at the football stadium, and be allowed to advertise on the sign as seen from the highway. Page 2 of 10 — JPH Minutes 11/15/04 Troy Burns with Fairplay Scoreboards stated that the purpose is to go into the community to sell advertising and defer the entire cost of the contract. This would be under contract obligations for a period of 5 years, and after 5 years it could be renewed. The advertising would be seen from the playing field not the highway. Mr. Burns also stated that there would also be advertising on the video-tron during the game. There were no public comments. A discussion ensued among the Council members, Planning & Zoning Commissioners, and Staff in regards to the size of the signs, advertising on the video signs, and cost of the signs. There was also a discussion regarding if advertising has been procured for the scoreboards, and if advertising were going to be open to Pearland businesses. It was decided that the City Attorney would draft an exemption for this amendment and address all the questions and points presented and schedule another public hearing. The Public Hearing for Land Use and Urban Development Ordinance Text Amendment adjourned at 7:44 p.m. The Public Hearing for Zone Change Application No. 1201 was called to order at 7:45 p.m. Zone Change Application No. 1201 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R -E), on the following described property, to wit: Legal Description: 2.50 acres of land in the Figland Orchard Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, Lot 54 (Generally located on the East Side of Harkey road, and South of Figland Street) Owner: Marshall E. and Emma E. Temple 3213 Autumn Court Pearland, Texas 77584 Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Page 3 of 10 — JPH Minutes 11/15/04 Senior Planner Theresa Grahmann gave a presentation of the zone request. This property was annexed in 1997 and was zoned Suburban Development. The applicant has applied for a residential zoning for the purpose of selling for single- family usages. The property is 2.50 acres in size and has 180 ft of frontage and does meet the requirements of an R -E zone. The Future Land Use shows this area as R -E with 10,000 S.F. lots, so this property does comply with the Future Land Use Plan. Staff is recommending approval, since this does comply with the Comprehensive Plan, and the trend in this area is the larger real estate type of lots. There were no comments from the applicant. There were no public comments. There were no comments or questions from the Council members, Planning & Zoning Commissioners, and Staff. The Public Hearing for Zone Change Application No. 1201 adjourned at 7:50 p.m. The Public Hearing for Specific Use Permit No. 137 was called to order at 7:51 p.m. Specific Use Permit No. 137 Request for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for a Day Nursery or Kindergarten in the Single Family Dwelling District (R -2(S)), on the following described property, to wit: Legal Description: 2.0290 acres of land in the Thomas Green Survey, Abstract 198, City of Pearland, Brazoria County, Texas (Generally located on the West Side of Pearland Parkway, and South of Barry Rose Road). Owner: Beeman Strong 1800 West Loop South, Suite 1575 Houston, Texas 77027 Applicant: Joe McElya 3100 Weslayan, Suite 200 Houston, Texas 77027 Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Page 4 of 10 — JPH Minutes 11/15/04 Senior Planner Theresa Grahmann gave a presentation on the zone change. The applicant is wishing to put in a day care in a residential area. The Land Use Ordinance does allow a daycare in an R-2 district with a specific use permit. The applicant has estimated the size of the day care at 11,000 S.F. accommodating 180 students. The Comprehensive Plan recommends medium density in the area. Staff does not believe the day care is in conflict with the Comprehensive Plan, since a daycare is allowed with a specific use permit. Several things need to be taken into account, things such as facades, which do not apply to residential, but this property is in the Pearland Parkway overlay, and the ordinances regulating facades will apply. Staff is recommending approval because it does not conflict with the Comprehensive Plan because the creek will act a buffer between the proposed daycare and residential, and is consistent with proposed uses along Pearland Parkway. Joe McEly, applicant, wants to make a small correction. The creek behind the proposed daycare is actually a man made canal. The development has a residential feel, and is a high-end daycare. There were no public comments. There was discussion between the Council members, Planning & Zoning Commissioners and staff regarding the drainage of the property, mitigated soil, ages of the children, school zones, is a specific use permit appropriate or zone as general business, land use ordinances. The Public Hearing for Specific Use Permit No. 137 adjourned at 8:04 p.m. The Public Hearing for Zone Change Application No. 1188 was called to order at 8:05 p.m. Zone Change Application 1188 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) and Single Family Dwelling District —Specific Use Permit (R -1(S)) a specific use permit for storm water detention facilities, on the following described property, to wit: Legal Description: 18.34 acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 304, being a portion of Lots 38, 39, and 40 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85 as shown on plat recorded under Volume 2, Page 107 of the Plat Records of Brazoria County, Texas as described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File No. 2001 013638 and 99 005373 (Generally located on the North Side of FM 581 (Broadway Street), and West of Miller Ranch Road (Country Road 93)). Page 5 of 10 — JPH Minutes 11/15/04 Owner: W.C. Properties, Ltd. P.O. Box 580426 Pearland, Texas 77528 Planning & Zoning Chairperson Ruby Sandars read the purpose into the records. Planning Manager Lata Krishnarao gave a presentation regarding the application. The applicant is requesting zoning from Suburban Development to General Business & R-1 with a specific use permit for detention. The applicant is requesting the front part of the property to be zoned as General Business and the back part of the property as R-1 with a specific use permit. The applicant originally had wanted to zone part of the property as Commercial zone, there were a several issues with the request. Staff feels that the applicant has addressed the issues raised and would be compatible. The Future Land Use Plan details General Business, Retail, and Office Professional. There are a few issues the applicant will have to address, all parcels will have to have access and frontage on a public street, and there are some traffic issues and the applicant will have to have a Traffic Impact Analysis done. Staff feels that the General Business zone is compatible with the Comprehensive Plan. Staff recommends approval of the zone change for the following reasons: 1. The proposed zone change conforms to the Comprehensive Plan designation 2. The applicant is proposing to rezone the Commercial tract to General Business which will bring the tract into compliance with the Comprehensive Plan 3. The proposed zone change is consistent with existing General Business districts along FM 518, Miller Ranch Road, and Wooten Road 4. The proposed R-1 zone with a Specific Use Permit would tie the detention pond to the subject property would provide a buffer between existing and future residential tracts. Van Scheek, W.C. Properties, stated that Ms. Krishnarao did a nice job of presenting the application. There were no public comments. There were no questions or comments from the Council members, Planning & Zoning Commissioners or Staff. The Public Hearing for Zone Change Application No. 1188 adjourned at 8:16 p.m The Public Hearing for Zone Change Application No. 1200 & Specific Use Permit No. 138 was called to order at 8:17 p.m. Page 6 of 10 — JPH Minutes 11/15/04 Zone Change Application No. 1200 & Specific Use Permit No. 138 Request for an amendment to the land Use and Urban Development Ordinance of said City from classification Commercial District (C) to General Business District — Specific Use Permit (GB(S)), for storage and mini -warehouse, on the following described property, to wit: Legal Description: 2.00 acres, Willetts Subdivision, Abstract 70, W.D.C. Hall Survey, Lot 2, 2C, 2D, 2C1, 2D1, and 2E, City of Pearland, Brazoria County, Texas (Generally located on the North Side of FM 518 (Broadway Street), and East of Hamm Road) Owner: Texas No. 4, Ltd 12525 Broken Bough Drive Houston, Texas 77024 Applicant: Robert McConnell, CJR Investment Management, Inc. 10575 Westoffice Drive Houston, Texas 77042 Planning & Zoning Chairperson Ruby Sandars read the purpose into the records. Planning Manager Lata Krishnarao gave a presentation of the proposed zone change. The applicant is proposing to change from Commercial zoning to General Business with a Specific Use Permit for a self -storage. The property is currently a has a self -storage on it, but does not have a Specific Use Permit as it was constructed in a Commercial District as a self -storage was allowed in a Commercial District. The Future Land Use Plan recommends Retail Offices and Services, General Business, a Commercial zone is not considered appropriate. The property does not conform to the Future Land Use Plan as it stands now. The property has outdoor storage along with self -storage units. Ms. Krishnarao stated that the applicant has a self -storage facility, and the reason he is requesting a General Business with a Specific Use Permit is because: 1. Wishes to conform to the Land Use Ordinance 2. Expand the self -storage and add more self -storage units. Page 7 of 10 — JPH Minutes 11/15/04 The General Business zone does not allow outside storage and display, the applicant stated that was not a problem. A 6 ft high masonry screen fence would be required along the property line that is adjacent to the residential district the existing facility does not meet the building facade, landscaping regulations or other ordinance requirements. With the zone change, when the applicant applies for a building permit, the existing facility would have to conform to the Land Use Ordinances. A Traffic Impact Analysis may be required. The subject property and any expansion would have an impact on the residential area, but as stated a 6 ft high masonry fence would have to be constructed along the residential tracts. Staff did receive one public comment form in support. Staff recommends approval for the following reasons: 1. The proposed zone change to General Business with a Specific Use Permit is in conformance to the Comprehensive Plan. 2. The proposed zone change would be consistent with the land uses along Broadway St. 3. The proposed zone change would bring the existing facility into compliance with the Land Use Ordinance. 4. The Specific Use Permit could be approved with a condition that the facility is brought into compliance with all City codes and ordinances. 5. All outdoor storage, junk vehicles, and etc would be cleared before a building permit for expansion is approved. Jason Chapman, Osborne Architects, stated that he would work with the Staff to meet all City ordinances. Paul Grohman, 2116 Kildare, stated that he would not have any problems with the requirements Staff has outlined. David Rose, 3004 Oak Creek, Mr. Rose is not sure of what the plans are for the site. Mr. Rose stated that there were several old trees, and does not want to see the City remove the trees. Mr. Rose would like to see the 6ft masonry fence become 8 ft, and he also has concerns regarding the drainage. Dan Keller, 1919 Canyon Creek Ct., Mr. Keller stated that his property shares a property line. Mr. Keller stated that he feels the current owners are not good neighbors, and the old cars, and boats are eyesore and puts blight on the neighborhood. Mr. Keller closed asking the Council to do what it can to enforce tighter controls on the business. There were no other public comments. Council member Kevin Cole asked what would happen with the drainage flow on the property. Page 8 of 10 — JPH Minutes 11/15/04 Paul Grohman stated that he is required to have no negative impact or flow neutral. Council member Larry Marcott stated that he was not in favor of this storage facility because of removal of trees and the drainage problems. Mr. Marcott does not feel this is the best use of the land. Council member Kevin Cole stated that he understood that this may not be the best use of the land, but it was not going to go away anytime soon. He would suggest that the Council and the Planning & Zoning Commissioners take the initiative and place restrictions to bring the area into compliance. A discussion ensued between the applicant, Staff, City Council, and the Planning & Zoning Commissioners regarding the outside storage uses, landscaping issues, climate controlled storage units, fencing, and drainage issues. There was a general consensus that the Council members and the Planning & Zoning Commissioners that this area needs to be cleaned up. There were no other comments or questions from the Council members, Planning & Zoning Commissioners, and Staff. The Public Hearing for Zone Change Application No. 1200 & Specific Use Permit No. 138 adjourned at 8:46 p.m. The Public Hearing for the Thoroughfare Plan Amendment was called to order at 8:47 p.m. Thoroughfare Plan Amendment Request for an amendment to the Thoroughfare Plan (Figure 7.2), of the City of Pearland Comprehensive Plan Ordinance as follows: Various Roadways, Generally located South of Beltway 8, West of State Highway 288, North of Shadow Creek Parkway, and East of Almeda Road Applicant: City of Pearland Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Executive Director of Community Services Nick Finan gave the presentation for the Thoroughfare Plan Amendment. A Traffic Impact Analysis was completed at the request of the Economic Development Corporation the report shows that there would be a need for additional streets in the area. Mr. Finan gave an overview of the report and what the consultants recommended. Staff is in favor of the amendment. Page 9 of 10 — JPH Minutes 11/15/04 There were no public comments. A discussion ensued among the Staff, City Council, and Planning & Zoning Commissioners regarding improvements to the roads, landscaping, locations of the roads, and which streets would be considered major or minor thoroughfares. There were no other comments from the Council members, Staff, and Planning & Zoning Commissioners. The Public Hearing for the Thoroughfare Plan Amendment adjourned at 9:00 p.m. These minutes respectfully submitted by: /34 LVU�naA-� Betty F eman, Planning & Zoning Secretary Minutes approved as submitted and/or corrected on this 28th day of February, 2005. Tom Reid, Mayor Page 10 of 10 — JPH Minutes 11/15/04