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2004-02-16 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES-JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 16,2004,AT 6:30 P.M.,IN THE COUNCIL CHAMBERS,CITY HALL,3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER The meeting was called to order at 6:32 p.m. with the following present: Mayor Tom Reid Mayor Pro-Tem Richard Tetans Council Member Larry Marcott Council Member Woody Owens Council Member Charles Viktorin P &Z Chairman Todd Iocco P & Z Vice-Chairman Sheryl Greiner P&Z Commissioner David Ransom P &Z Commissioner Ruby Sandars P &Z Commissioner Linda Cowles P &Z Commissioner Neil West Also in Attendance: City Manager Bill Eisen,City Attornery Darrin Coker,Deputy City Manager Alan Mueller, City Engineer Doug Kneupper, Executive Director of Community Services Tobin Maples, Planning Manager Lata Krishnarao, Planner I Theresa Grahmann, Plats and Plans Administrator Richard Keller and P&Z Secretary Trish Broussard. Councilman Klaus Seeger and P &Z Commissioner Don Sederdahl was absent. ZONE CHANGE APPLICATION NO. 1148 I. CALL TO ORDER The public hearing was called to order at 6:37 p.m. II. PURPOSE OF HEARING Zone Change Application No. 1148 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 acres out of an 11.88 acre tract out of Tract 1-C of the W.W. Stone Partition out of Tract 1 of the W.T. Dobson Survey, Abstract 187, Brazoria County, Texas (Located at 1610 Stone Road) Owner: Vitor Grave 10306 Sagewillow Houston, Texas 77089 Mayor Tom Reid stated they would be considering zone change application's 1148, 1149, 1150 and 1151 simultaneously. P & Z Chairman Todd Iocco read the purpose of hearings 1148, 1149, 1150 and 1151 into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner I Theresa Grahmann gave a brief description of the surrounding properties and stated we have received one public comment form in support of the zone change. Ms. Grahmann stated staff is recommending approval due to the consistency of the comprehensive plan. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT ZONE CHANGE APPLICATION NO. 1149 I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. 1149 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 2 (R-1),on the following described property, to wit: Legal Description: 0.7849 acres, situated in the J.W. Maxey Survey, Abstract 721, Brazoria County, Texas (Located at 3618 West Sterling Drive) Owner: Tan-Vinh Thai 82132 Crimson Lake Lane League City, Texas 77573 III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner I Theresa Grahmann gave a brief description of the surrounding properties. Ms. Grahmann stated we have received no public comment forms in support or opposition of the zone change and staff recommends approval. B. APPLICANT PRESENTATION None — IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT ZONE CHANGE APPLICATION NO. 1150 I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. 1150 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi-Family District(MF)to Single Family Dwelling District(R-1),on the following described property,to wit: 3 Legal Description: Lots 38, 39, 40, and 41, Block 16, Pearland Townsite (West Side of Washington Avenue, and North of Broadway Street) Owner: Diana LeClere 2534 Country Club Drive Pearland, Texas 77581 Applicant: Jack McGuff, Jr., AIA 5208 Broadway Street, Suite 208 Pearland, Texas 77581 III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner I Theresa Grahmann gave a brief description of the surrounding propea Ps 1.n Grahmann stated the future land use plan calls for Village District which is consistent with existing uses in the surrounding area therefore staff is recommending approval. Ms. Grahmann added we received two public comment forms in support of the zone change. B. APPLICANT PRESENTATION Jack McGuff, 5208 Broadway, agent for zone change application numbers 1150 and 1151, stated the applicant's intent is to build two large residential homes and we would appreciate your approval. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT ZONE CHANGE APPLICATION NO. 1151 I. CALL TO ORDER II. PURPOSE OF HEARING 4 Zone Change Application No. 1151 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi-Family District(MF)to Single Family Dwelling District(R-1),on the following described property, to wit: Legal Description: Lots 42, 43, and 44, Block 16, Pearland Townsite (West Side of Washington Avenue, and North of Broadway Street) Owner: Shane Nixon 3105 Pilgrims Point Pearland, Texas 77581 Applicant: Jack McGuff, Jr., AIA 5208 Broadway Street, Suite 208 Pearland, Texas 77581 III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planner I Theresa Grahmann gave a brief description of the surrounding properties and stated the future land use plan recommends Village District which is consistent with the existing uses in the surrounding area therefore staff recommends approval. Ms. Grahmann added we have received one public comment form in support of the zone change. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT The public hearings for zone change application No. 1148, 1149, 1150 and 1151 adjourned at 6:49 p.m. 5 SPECIFIC USE APPLICATION NO. 130. I. CALL TO ORDER The public hearing was called to order at 6:50 p.m. II. PURPOSE OF HEARING Specific Use Permit Application No. 130 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District(SD)to Suburban Development District— Specific Use(SD (S)), on the following described property,to wit: Legal Description: 18.75 acres, out of the Northeast one-fourth of the Southwest one- fourth and the North one-half of the Southeast one-fourth in Section 15, H.T. & B.R.R. Company Survey, Abstract No. 241, in Brazoria County, Texas(Located at 6618 Fite Road) Owner: Pearland Area Dad's Club 6618 Fite Road Pearland,Texas 77581 Applicant: Jack McGuff, Jr., AIA 5208 Broadway Street, Suite 208 Pearland, Texas 77581 P & Z Chairman Todd locco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planning Manager Lata Krishnarao, stated the property is currently zoned Suburban Development and the applicant is requesting a specific use permit to expand the existing recreational facility for public restrooms. Mrs. Krishnarao stated we have received one public comment form in opposition of the zone change. She added the proposed zone change does not conflict with the comprehensive plan therefore staff is recommending approval. B. APPLICANT PRESENTATION Jack McGuff, 5208 Broadway, Pearland, agent for Pearland Area Dad's Club, stated the applicant intends to construct a new public restroom facility. 6 IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Mike Klaus, 5016 Groveton, stated this has always been a strong part of Pearland and he is all in favor for making changes and increasing facilities for the public. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Commissioner Ruby Sandars asked if we are considering the entire 30 acres. Mayor Tom Reid replied yes. VI. ADJOURNMENT The public hearing adjourned at 7:00 p.m. ZONE CHANGE APPLICATION NO. 1141 I. CALL TO ORDER The public hearing was called to order at 7:01 p.m. II. PURPOSE OF HEARING Zone Change Application No. 1141 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: 4.9266 acres, situated in Lot 52 of the Allison Richey Gulf Coast Home Company Subdivision, Section 20, of the H.T. & B.R.R. Company Survey,Abstract 506,Brazoria County,Texas (Located at the Northwest Corner of Cullen Boulevard and County Road 403 (Hughes Ranch Road)) Owner: Houston Business Investments 23240 Highway 290 Cypress, Texas 77429 Applicant: Tom Kunthara 4675 Sweetwater Sugarland, Texas 77479 P &Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planning Manager Lata Krishnarao gave a brief description of the surrounding properties and stated the Comprehensive Plan shows lows density residential therefore the proposed use does not comply with the comprehensive plan. However,the Citizens Advisory Code Committee discussed Cullen Boulevard to have mixed uses therefore staff recommends approval. She added we received one public comment form in opposition B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST David Miller, 3603 W. Pine Orchard, Pearland, stated this is a good location to put a business to service the community, and asked that you approve the zone change. Bob Filteau, 1207 Teal Ct. North, Pearland,stated he was not against a business but would like to know what type of business would be there. He added there should be more information before you make a vote. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid commented there is a list of permitted uses allowed in General Business District that is located in our Land Use and Urban Development book. VI. ADJOURNMENT The public hearing adjourned at 7:16 p.m. ZONE CHANGE APPLICATION NO. 1139 I. CALL TO ORDER The public hearing was called to order at 7:16 p.m. II. PURPOSE OF HEARING 8 Zone Change Application No. 1139 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District(SD)to Light Industrial District(M-1), on the following described property, to wit: Legal Description: 3.00 acres being part of Lot 178, Zychlinski Subdivision of Section 28,H.T.&B.R.R. Company Survey,Abstract 551,Brazoria County, Texas(Generally located on the East Side of Dixie Farm Road,north of the intersection of Dixie Farm Road and State Highway 35) Owner: Enrique Guzman 9946 Ayes Houston, Texas 77034 P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planning Manager Lata Krishnarao gave a brief description of the surrounding properties and stated the applicant intends to construct a reception hall. Mrs. Krishnarao stated the property would have to be platted before it can be developed, and the applicant should ensure that all properties would have access to the public right-of-ways. She added the applicant might be required to submit a traffic impact analysis. She added we have not received any public comment forms in support or opposition and staff is recommending approval. B. APPLICANT PRESENTATION The applicant was present but declined any presentation. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilman Richard Tetans asked if we had sufficient right-of-way on Dixie Farm Road. Deputy City Manager Alan Mueller replied yes,we would have them dedicate right-of-way at the time of platting if we cannot purchase it. 9 VI. ADJOURNMENT The public hearing adjourned at 7:25 p.m. ZONE CHANGE APPLICATION NO. 1152 I. CALL TO ORDER The public hearing was called to order at 7:26 p.m. II. PURPOSE OF HEARING Zone Change Application No. 1152 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: 65.4324 acres being all of Lots 1,2,and 3 of Pearland Industrial Park Subdivision as recorded in Volume 16,Page 171,of the Map Records of Brazoria County, Texas (Generally Located on the East Side of Veterans Drive, on the West Side of the Railroad, and South of Walnut Street) Owner: John A. Sage P.O. Box 19039 Houston, Texas 77224-9039 Applicant: Kevin Price 311 N. Shadow Bend Avenue Friendswood, Texas 77546 P &Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Planning Manager Lata Krishnarao gave a brief description of the surrounding properties. She stated the future land use plan recommends Light Industrial therefore it is not consistent. Mrs. Krishnarao stated the applicant intends to develop a subdivision on 65 acres with 130 lots. She added we have received three public comment forms in support .•1.- of the zone change. Mrs. Krishnarao went into a lengthy discussion regarding the 10 proposed development. She stated staff recommends approval due to the transition of the •- area being relatively a residential area. B. APPLICANT PRESENTATION Kevin Price,301 N. Shadow bend,Friendswood,stated the city should be quite pleased with the development. He gave a lengthy list of added benefits that would add to this development. He stated he hoped to come to council in the future for their approval. IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Paul Jamison,2910 Hamm Road,stated he was not in support or opposition but his concern was the property to the north of this development,which is used as a fire training facility. He stated we are there at odd hours and activities include bright lights,noise,trucks, and tools. John Sage, 2215 Stoneybrook, Houston, stated he would like to speak in favor of the zone change. He stated he bought the property and marketed it as Light Industrial for several years,and had many industrial type buyers,but could never sell because it is located around several residential areas. Mike Klaus, 5016 Groveton,Pearland,his concern was if the drainage in the area was going to be handled properly. He suggested a mix use for this area. He added he is in opposition and asked that we please review the application. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilman Larry Marcott stated he had concerns with the set backs,the fence at the north of the police department and asked that hardwoods be planted versus pine trees. Councilman Richard Tetans stated he liked the staggered concept but there should be a 25 ft. set back, and 40% coverage would better than 60%. He added he does not agree with the wood fence. Councilman Woody Owens stated he has no problem with the plan. He added that the applicant has gone way beyond what we typically ask for in the development of a subdivision. Mayor Tom Reid commented this is not an easy piece of property and they have done a good job. Planning and Zoning Chairman Todd Iocco stated he had and issue of the street being near the railroad tracks from a fire and safety stand point. VI. ADJOURNMENT 11 The public hearing adjourned at 8:18 p.m. I. CALL TO ORDER The public hearing was called to order at 8:18 p.m. II. PURPOSE OF HEARING Request for an amendment to the Thoroughfare Plan (Figure 7.2), of the City of Pearland Comprehensive Plan Ordinance as follows: County Road 92, between State Highway 288 and Almeda Road (FM 521) P & Z Chairman Todd Iocco read the purpose of the hearing into the record. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT Executive Director of Community Development Tobin Maples stated this is a proposed amendment for County Road 92, the western exterior,to change from a 100-foot right-of- way to a 120-foot right-of way,to match the rest of FM 518. B. APPLICANT PRESENTATION None IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid stated we have been working with Shadow Creek Ranch and the Department of Transportation on trying to increase the flow of traffic to Highway 288, and extend the widening of FM 518 to match our vision. VI. ADJOURNMENT The public hearing adjourned at 8:24 p.m. 12 lAgan Minutes respectfully submitted by: Trish Broussard, Planning&Zoning Secretary Minutes approved as submitted and/or corrected this 14`h day of June , 2004, A.D. Tom Reid, Mayor 13