2004-08-16 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD
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-Tern 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 Lot-ling;
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)
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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.
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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 & 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 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.
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