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2005-09-19 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 SEPTEMBER 19, 2005, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The public hearing convened after a series of workshops and was called to order at 8:14 p.m. with the following present: Mayor Tom Reid P & Z Chairperson Ruby Sandars Mayor Pro-Tem Kevin Cole P & Z Vice Chairperson Todd locco Council Member Charles Viktorin P & Z Commissioner Neil West Council Member Woody Owens P & Z Commissioner Sheryl Greiner Council Member Richard Tetens Also in attendance: City Attorney Darrin Coker; City Manager Bill Eisen; Deputy City Attorney Nghiem Doan; Executive Director of Community Services Nick Finan; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plans and Plat Administrator Richard Keller and Planning Administrative Secretary Judy Krajca. Senior Planner Theresa Grahmann explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission Meeting will immediately follow the Joint Public Hearing. PURPOSE OF HEARING The Public Hearing for Zone Change Application No. 1240 was called to order at 8:15 p.m. A. CONSIDERATION & POSSIBLE ACTION OF - ZONE CHANGE APPLICATION NO. 1240 A request by Ramond W. Howard, applicant for Jesus Banda, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Mobile Home Park District (MH), on the following described property, to wit: Legal Description: 9.988 acres, being Lot 28, Allison-Richy Gulf Coast Home Company Subdivision as recorded in Volume 2, Page 23, Brazoria County Plat Records out of Section No. 7, H.T. & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas, City of Pearland, Brazoria County, Texas Minutes-JPH -9/19/05 Page 1 of 11 General Location: Generally Located on the West Side of O'Day Road, and North of Butler Road Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Grahmann presented the Staff Report. Staff recommended denial of the zone change for Mobile Home Park as proposed by the applicant, for the reasons given in the staff report. There was one Public Comment Form received against the zone change. There was one person in the audience to speak in favor of the zone change, the applicant — Mr. Raymond Howard of 1303 Turtle Creek Dr., Missouri City, TX 77489. There were three people in the audience to speak against the proposed zone change: Jean Bonds of 2053 Kelly Dr., Pearland, TX; Alice Moore of 6206 Kelly Dr., Pearland, TX, and Steve Harvey of 2229 Melanie Ln., Pearland, TX. No one else in the audience spoke for or against this proposed zone change. There was minimal discussion between Mayor Pro-Tem Cole, Attorney Darrin Coker and applicant Raymond Howard. There were no further comments from the Council/Commissioners/Staff. The Public Hearing for Zone Change Application No. 1240 was adjourned at 8:29 p.m. The Public Hearing for Specific Use Permit Application No. 151 was called to order at 8:37 p.m. B. CONSIDERATION & POSSIBLE ACTION — OF ZONE CHANGE APPLICATION NO. 1242 A request by Signature Eubanks and Associates, applicant for the Estate of Alfred Hrbacek and Annie Hrbacek, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: Legal Description: 10.00 acres, approximately, being the south 7.5 acres Minutes-JPH -9/19/05 Page 2 of 11 410. of Tract 4 of the subdivision of Section 17, H.T. & B.R.R. Company Survey, Abstract 242, in Brazoria County, Texas, according to the plat thereof as it appears of record in the Office of the County Clerk of Brazoria County, Texas; and the north 2.5 acres of the South 10 acres of the South 20 acres of the East 60 acres of the northeast one quarter of Section 17, H.T. & B.R.R. Company Survey, Abstract 242, this same property has sometimes been known and referred to and described as Lot 4, Section 17, Abstract 242, Brazoria County, Texas, City of Pearland, Brazoria County, Texas. General Location: Generally Located at the Northwest Corner of Manvel Road (FM 1128) and Fite Road Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Grahmann presented the Staff Report. Staff recommended approval of the Zone Change for GB. There were two Public Comment Form received: one against and one in favor. Mr. Mike Pollok spoke on behalf of the applicant, in favor of the Zone Change. There was no one in the audience to speak for or against this zone change. There were no comments from the Council/Commissioners/Staff. The Public Hearing Zone Change Application No. 1242 was adjourned at 8:35 p.m. The Public Hearing for Zone Change Application No. 1245 was called to order at 8:35 p.m. C. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1245 A request by Hiep Pham, applicant for Fortress Pearland Investment, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: Minutes-JPH -9/19/05 Page 3 of 11 Legal Description: 8.290 acres, being a part of Lot 12 of the Allison Richey Gulf Coast Home Company Subdivision of Section 21, H.T. & B.R.R. Company Survey, Abstract 309, as recorded in Volume 2, Page 23, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas. General Location: Generally Located on the South Side of FM 518 (Broadway Street), and East of Ower Lane Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Grahmann presented the Staff Report and Staff recommended approval of the Zone Change. There were no Public Comment Forms received. Mr. Jack McGuff, of 5208 Broadway, Pearland, TX spoke on behalf of the applicant. No one in the audience spoke for or against the zone change. Councilman Tetens noted an error in the staff recommendation and Senior Planner Grahmann stated it was a typographical error. There were no other comments from Council/Commissioners/Staff. The Public Hearing for Zone Change Application No. 1245 was adjourned at 8:39 p.m. The Public Hearing for Zone Change Application No. 1239 & Specific Use Permit Application No. 153 was called to order at 8:39 p.m. D. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1239 & SPECIFIC USE PERMIT APPLICATION NO. 153 A request by Charles Viktorin, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Minutes-JPH -9/19/05 Page 4 of 11 a General Business District (GB), with a Specific Use Permit for Single Family Residential Uses (GB(S)), on the following described property, to wit: Legal Description: 20.00 acres, being the north one-half of Tract 2, the south one-half of Tract 2, and Tract 5, Abstract 309, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas. General Location: Generally Located on the East Side of Smith Road (County Road 666), and South of FM 518 (Broadway Street) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Grahmann presented the Staff Report and Staff recommended approval of the Zone Change and Specific Use Permit. Staff added that if the SUP is approved, staff recommended conditions be AA met, as presented in the report. The applicant, Charles Viktorin spoke. There were no Public Comment Forms received. No one in the audience spoke for or against this zone change. There were no comments from the Council/Commissioners/Staff. The Public Hearing for Zone Change Application No. 1239 and SUP No. 153 was adjourned at 8:49 p.m. The Public Hearing for Zone Change Application No. 1241 was called to order at 8:49 p.m. E. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1241 A request by Charles C. Moffett, owner, for an amendment to the Land Minutes-JPH -9/19/05 Page 5 of 11 Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Commercial District (C), on the following described property, to wit: Legal Description: 5.00 acres, being the south one-half of Lot 21, of the Allison-Richey Gulf Coast Home Company Subdivision of Section 8, of the H.T. & B.R.R. Company Survey, Abstract 504, according to the map or plat thereof, as recorded in Volume 2, Page 23 and 24, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General location: Generally located on the East side of Roy Road, and North of FM 518 (Broadway Street) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report and Staff recommended approval of the Zone Change to Commercial. Staff received no Public Comment forms. Applicant was not present to speak. No one spoke for or against the zone change. There were no comments from Council/Commissioners/Staff. The Public Hearing for Zone Change Application No. 1241 was adjourned at 8:52 p.m. The Public Hearing for Zone Change Application No. 1243 was called to order at 8:52 p.m. F. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1243 A request by Traffic Control Devices, Inc., and George W. Williams, Ill, applicant for Associated Enterprises, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) Light Industrial District (M-1), on the following described property, to wit: Minutes-JPH -9/19/05 Page 6 of 11 Legal Description: 5.00 acres, being a part of and out of Lot 178, out of the Zychlinski Subdivision of Section 28, H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 9, of the Deed Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas. General Location: Generally located on the West Side of Old Holly Drive (3418 Old Holly Drive) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report and Staff recommended approval of the Zone Change. Staff received no Public Comment forms. Applicant, Eric Wold of 1510 Pine Creek Dr., Pearland, TX was present to speak in favor of the zone change. No one from the audience spoke for or against the zone change. There were no comments from Council/Commissioners/Staff. The Public Hearing for Zone Change Application No. 1241 was adjourned at 8:52 p.m. The Public Hearing for Specific Use Permit Application No. 154 was called to order at 8:56 p.m. G. CONSIDERATION & POSSIBLE ACTION — SPECIFIC USE PERMIT APPLICATION NO. 154 A request by Chase Lodge Corporation, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for a Homeowner's Association Swimming Pool in the Single Family Dwelling District (R-2(S)), on the following described property, to wit: Legal Description: Lot 9, Block 2, of Pearland Farms Subdivision, Section 1, Abstract 508, F B Drake Survey, City of Pearland, Brazoria County, Texas. General Description: Generally located on the West Side of Old Minutes-JPH -9/19/05 Page 7 of 11 Holly Drive (3418 Old Holly Drive). Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report and Staff recommended approval of the Specific Use Permit, with conditions being met for the fencing and landscape buffer, as described in the staff report. Staff received no Public Comment forms. The applicant and Developer, Mr. Dwain Evans, of 5426 Fairdale Ln., Houston, TX spoke on the Specific Use Permit. Mr. Michael Klaus, spoke of the fence being higher than six feet, and of the chemicals in the pool. There were no comments from Council/Commissioners/Staff. Specific Use Permit Application No. 154 was adjourned at 9:09 p.m. The Public Hearing for Zone Change Application No. 1246 and Specific Use Permit Application No. 155 was called to order at 9:09 p.m. H. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1246 SPECIFIC USE PERMIT APPLICATION NO. 155 A request by Natalie Moreland, applicant for Hung K. Luu, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Single Family Dwelling District (R-1) and Single Family Dwelling District (R-3) to Office and Professional District (OP), with a Specific Use Permit for a Civic Center/Recreation Center, (OP(S)), on the following described property, to wit: Legal Description: 9.9546 acres, approximately, being Lots 11A, 12, 12A, 13, 14, 15 and 16A, out of the Perry and Austin League, Abstract 111, described in a deed recorded under County Clerks File No. 95-020805 in the Office of the County Clerk of Brazoria County, Texas; and Reserve "A" of Hazeldale Estates, Reserve "I" of Hazeldale Estates, and the 60 foot drainage easement lying south of Reserve "I", according to the map or plat of Hazeldale Estates as recorded in Volume 17, Page 243, of the Plat Records of Brazoria County, Texas; and a 0.4298 acre tract of land lying between said drainage easement and the existing centerline of Mary's Creek, City of Pearland, Brazoria Minutes_JPH -9/19/05 Page 8 of 11 County, Texas. General Location: Generally located on the North Side FM 518 (Broadway Street), and on the West Side of Shauntel Street. Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report and Staff recommended approval with seven conditions outlined in the staff report. Staff received 14 Public Comment forms against, and 2 in favor of this Zone Change/SUP w/conditions. Donald Eves spoke in favor of, and on behalf of the applicant, Natalie Moreland, of 2210 W. Willowdell Dr., Seabrook, TX 77586. Sean Dennis of 11414 Sagecherry Dr., Houston, TX spoke in favor of the change. Also speaking, but against the change were: Angela Howe of 2720 Leroy St., Pearland, TX; Steven Paulson of 2717 Briar View Dr., Pearland, TX; David Ledoux of 2728 Leroy St., Pearland, TX; Margaret Kirk of 2715 Briar Agin View Dr., Pearland, TX; Charles Boykin of 2724 Shauntel St., Pearland, TX; Tim Evans of 2719 Briar View Dr., Pearland, TX; Laura Wright of 2704 Briarview, Pearland, TX; Gerald D. Buerger of 1405 Briar Crest Ct., Pearland, TX; Michael Klaus of 5016 Groveton, Pearland, TX; James Krajefska of 1403 Briar Crest Ct., Pearland, TX; Gerardo Ramos of 2709 Briar View, Pearland, TX; Brad Morris, 2702 Regina Ct., Pearland, TX.; Dan Evans of 2715 Leroy; John Adcock of 2714 Hazel, Pearland, TX. Sean Dennis of 11414 Sagecherry Dr., Houston, TX spoke in favor of the change. There were a few questions from Mayor Pro-Tem Cole addressed to Planning Director Lata Krishnarao. There were no other comments from Council/Commissioners/Staff. Zone Change Application No. 1246 & Specific Use Permit Application No. 155 was adjourned at 9:43 p.m. The Public Hearing for Zone Change Application No. 1244 was called to order at 9:43p.m. Minutes-JPH --9/19/05 Page 9 of 11 I. CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 1244 A request by Tim Stovall, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Light Industrial District (M-1) to Planned Unit Development District (PUD), on the following described property, to wit: Legal Description: 3.269 acres, being Lot 8 of the Orange Grove Addition recorded in Volume 2, Page 62 of the Harris County Map Records, City of Pearland, Harris County, Texas General Location: Generally Located at the Southeast Corner of Beltway 8 and Almeda School Road. Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report and Staff recommended approval of this PUD. Staff received one Public Comment Form in favor. Mr. Tim Stovall, owner, spoke in favor of the PUD. He gave a detailed report covering all items in the report. Doug Oldfield of 29014 Misty Oaks Dr., Huffman, TX 77336-4623 also spoke in favor, with comments to the landscaping, paved parking lot, and more signs made available on the exit. No one else spoke in favor or against the zone change. There were no comments from Council/Commissioners. Ms. Krishnarao had two clarifications in regards to EIFS and the parking. The Public Hearing for Zone Change Application No. 1244 was adjourned at 10:06 p.m. Minutes-JPH -9/19/05 Page 10 of 11 ADJOURNMENT The Mayor adjourned the Joint Public Hearing at 10:06 These minutes are respectfully submitted by: Judy D. rjc� U Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 28th day of November, 2005. Tom Reid Mayor Minutes-JPH -9/19/05 Page 11 of 11