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2001-10-22 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Planning and Zoning Commission MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 22, 2001 IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER The meeting was called to order at 8:05 p.m. with the following present: P&Z Chairman H. Charles Viktorin P&Z Commissioner Todd locco P&Z Commissioner Kevin A. McDonald P&Z Commissioner Don W. Sederdahl P&Z Commissioner Russ A. Selemon Executive Director of Community Services Tobin Maples P&Z Secretary Jennifer Gonzales P&Z Vice-Chairman Donald Glenn was absent. II. NEW BUSINESS Commissioner Selemon stated that he has spoken to staff and the purpose of these zoning applications on the agenda this evening are for the Commissioners to make a recommendation and when the proper time arrives, which would be after the annexations, then City Council will make a final decision. A. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1000 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: Zone Change Application No. 1000 Legal Description: 139 acres of land, more or less, being generally located in the R. Blackburn Survey, A-160 and the James Hamilton or D. White Survey, A-876, Harris Co, TX (Tract 1-Beltway 8) Commissioner Scherrer made a motion to forward Zoning Application No. 1000 to City Council for approval with a second made by Commissioner McDonald. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 1 Planning and Zoning Commission Commissioner locco asked where the American Tower is, and Executive Director of Community Services Tobin Maples replied that it is to the southwest of O'Reilly Road. Commissioner Sederdahl asked if this is the application that has Houston facilities nearby, and Commissioner locco replied that there is a 42" water main going in on Almeda School Road. Chairman Viktorin pointed out that a lot of the comments for the public hearing were more for annexation issues, rather then zoning issues. Chairman Viktorin complimented staff on having the zoning concurrent with the annexations, rather then zoning the whole property Suburban Development. Commissioner Selemon agreed and stated that it is far more superior this way. Commissioner McDonald asked if staff recommends it to be zoned one way and the Commissioner's feel is should be another way, can they deny the application and then recommend to City Council what they would like, and Mr. Maples replied that they can make any recommendation to City Council. Chairman Viktorin called for a vote. Motion to approve passed 6 to 0. B. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1005 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: Zone Change Application No. 1005 Legal Description: 260 acres, more or less, being generally located in the H T. & B. R.R. Co. survey, A-308, and the H. T. & B. R.R. Co. survey, A-551, Brazoria Co., TX (Tract 5 - near Main Street 35 @ CR 112) Commissioner Scherrer made a motion to forward Zoning Application No. 1005 to City Council for approval with a second made by Chairman Viktorin. Commissioner Sederdahl stated that some of the area seems "spotty" and to zone it all "Industrial" would be like a "blanket" for the entire area and that would set a precedent for area and what it would be like for the next 10 years. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 2 Planning and Zoning Commission a► Executive Director of Community Services Tobin Maples showed the Commissioners the Comprehensive Plan, which shows "Industrial" to be the vision of the area for the next 20 years. Commissioner Selemon pointed out that the southern 60 acres is planned for building homes and Mr. Maples replied that there is no zoning in that area so they would only know if anything was being developed by platting, and staff has not seen anything come through yet for that area. Commissioner locco stated that in his opinion Hastings-Field Road is drying up as far as being maintained. Commissioner Sederdahl asked a property owner for some of the acreage to explain why he thought the land was not good for any use, and the property owner explained that there are too many tanks and too many lines that need to be removed, and too much cleaning up that needs to be done. Commissioner Sederdahl agreed that he has always heard not to buy any land out in that area. Commissioner McDonald showed concerns about a residential neighborhood being surrounded by "Industrial". Mr. Maples pointed out that if a residential neighborhood were approved then that would change the planning perspective for the area. Chairman Viktorin called for a vote. Motion to approve failed 2 to 4. Voting Record Voting "Aye" — Chairman Viktorin and Commissioner Scherrer. Voting "No" — Commissioners Sederdahl, McDonald, Selemon and locco. C. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1002 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: Zone Change Application No. 1002 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 3 Planning and Zoning Commission Legal Description: 168 acres, more or less, being generally located in the A. B. Langerman Survey, A-555 and the H. T. & B. R. R. Co. survey, A-538, Fort Bend Co., TX (Tract 2A - Broadway Street @ FM 521) Commissioner Sederdahl made a motion to forward Zoning Application No. 1002 to City Council for approval with a second made by Commissioner Selemon. Commissioner locco stated that his concern depends on this property and the results of the next application. He stated that he is against them because of the inadequate buffer, and he doesn't like "Industrial" right next to "Residential". Commissioner Selemon agreed with Mr. locco's concept for being against the request due to the buffer; however, he does support the "Industrial" zoning. He stated that if they don't allow for "Industrial" here, then where else could they have "Industrial" zoning in this city. Commissioner locco asked if there is housing to the north and south, and Executive Director of Community Services Tobin Maples replied that housing is sporadic in this area. Chairman Viktorin pointed out that a utility right-of-way usually is 100 — 200 feet, and he feels that this addresses the buffer concern. Commissioner locco stated that he would not want any "RE" size lot looking out at a sandblasting company and Commissioner Selemon stated that he wouldn't want to live next to a transmitter line. Chairman Viktorin called for a vote. Motion to approve passed 5 to 1. Voting Record Voting "Aye" — Chairman Viktorin, Commissioners Scherrer, Selemon, Sederdahl, and McDonald. Voting "No" — Commissioner locco. D. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1001 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 (RE) on the following described property, to wit: Zone Change Application No. 1001 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 4 Planning and Zoning Commission Legal Description: 411 Acres, more or less, being generally located in the H. T. & B. R.R. Co. survey, A-538, Brazoria Co., TX (Tract 2 - Broadway Street @ CR 48) Commissioner Scherrer made a motion to forward Zoning Application No. 1001 to City Council for denial and Chairman Viktorin seconded the motion. Commissioner Selemon stated that he has the same concerns on this application regarding the need for a buffer, and other then that he would have been in support of this application. Commissioner Scherrer asked if they approve the request with a recommendation to have a buffer put in between the zonings. Commissioner Selemon stated that he doesn't think they need to vote against the request however they need to recommend a buffer be added. He stated that it would probably be easier to recommend a buffer be added then to deny the request and wait for the application to be brought forward again. Commissioner locco stated that he would support the request if there were a buffer, and he stated that he feels this was poor planning. Executive Director of Community Services Tobin Maples stated that the Commissioners could make a recommendation for a buffer between the properties; however, it is up to City Council to do what they want. Commissioner Selemon stated that to the north is Shadow Creek Ranch and he asked if this area is consistent with that development, and Mr. Maples stated that that section of would probably consist of "R-2's" and "R-3's". Commissioner Scherrer rescinded his motion and Chairman Viktorin rescinded his second for the motion. Commissioner Scherrer made a motion to forward Zoning Application No. 1001 to City Council for approval with a recommendation that a buffer be added, and Chairman Viktorin seconded the motion. Motion to approve passed 6 to 0. E. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1003 Request for an amendment to the Land Use and Urban Development ,40b, Ordinance of said City from classification Suburban Development District Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 5 Planning and Zoning Commission (SD) to Estate Lot Single Family Dwelling District'(RE) on the following described property, to wit: Zone Change Application No. 1003 Legal Description: 76 acres of land, more or less, being generally located in Section 18, H. T. & B. R.R. Co. survey, or George C. Smith Survey, A-547, Brazoria Co., TX (Tract 3 - Manvel Road @ Bailey Road) Commissioner locco made a motion to forward Zoning Application No. 1003 to City Council for denial with a second made by Commissioner Selemon. Commissioner locco stated that he is against the request due to the fact that there are two major roads that will probably be major thoroughfares, and he feels that there should be some "Neighborhood Services", "Office Professional" or "Commercial" zoning along these roads. Executive Director of Community Services Tobin Maples explained that the corner of FM 1128 and Bailey Road is classified as retail, however, it was staffs logic to zoned the entire area as "RE" and let the individual owners come in and request the zoning of their preference. Chairman Viktorin agreed that it is more efficient to zone a big chunk of property. Commissioner Selemon stated that they are requesting zoning that would bring on a lot more opposition to any other zoning requests that may come in and he feels that there would be more flexibility if they would zone the whole property something other then "residential". Commissioner locco stated that he doesn't see housing backing up to two major roads and he agreed that it would be very hard to get a shopping center along the road with all the surrounding residential area. Mr. locco stated that this area would sit undeveloped for a very long time. Commissioner Sederdahl is confused about why it would be hard to get a shopping center, and Commissioner locco explained that for one, by the time the requests are brought forward, who knows who would be serving on the Commission. Mr. locco explained that the future Commission might go only by what is on paper, which will be "RE". Commissioner locco stated that he suggests that a 200' "Neighborhood Services" strip be developed as it was done on FM 518. He stated that he feels that it would better service their community by providing this strip. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 6 Planning and Zoning Commission Commissioner Selemon agreed and stated that having b thoroughfare could be dangerous for the citizens who live along the roads. Commissioner locco stated that "RE" is great, however they as the Commission need to look at this from a "planning" perspective along two major roads. Mr. Maples suggested that the Commission approve the request for "RE" and then come back at later time and establish an "overlay". Mr. Maples stated that they would have to make it one of their projects. Commissioner locco rescinded his motion and Commissioner Selemon rescinded his second. Commissioner Scherrer made a motion to table Zoning Application No. 1003 with a second made by Commissioner Selemon. Mr. Maples pointed out that the application would still go to City Council and they can act on the request if they choose. Motion to table passed 6 to 0. F. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1004 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 (RE) on the following described property, to wit: Zone Change Application No. 1004 Legal Description: 832 acres of land, more or less, being generally located in Section 32, H. T. & B. R.R. Co. survey or C.W. Groos Survey, A-525 and Section 31, H. T. & B. R.R. Co. survey, A-293, Brazoria Co., TX (Tract 4 - Bailey Road @ CR 143) Commissioner Scherrer made a motion to forward Zoning Application No. 1004 to City Council for approval. There was no second. Commissioner locco made a motion to forward Zoning Application No. 1004 to City Council for denial with a second made by Commissioner Sederdahl. Commissioner locco stated that he sees why the City would want to do this but he does not see the need for it, or for establishing the whole area as "RE". Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 7 Planning and Zoning Commission Commissioner Scherrer stated that the property to the"south is not in the ETJ, and since this tract is the southern most portion of the ETJ, this is another way for the City to plan for the area by annexing and zoning the whole large block. Commissioner locco argued that there is no easy access to the road, and although the area would probably not be Industrial, he doesn't see the need for the whole area to be zoned "RE". Commissioner Selemon stated that there was a good point brought up about "leap frogging" properties, however he can be comfortable with the "RE" zoning. Executive Director of Community Services Tobin Maples briefly explained that the sole reason for going this south is that the area is predominantly undeveloped land. Commissioner Scherrer asked if an owner would have to go through the whole notification process if he wanted to request an R-1, and Mr. Maples replied that the owner would. Discussion ensued between staff and the Commissioners regarding why the city skipped over certain areas and it was noted by staff that the area skipped contained too much "mixed" use. Chairman Viktorin asked if they zone the area "RE", is that what the area will stay, and Mr. Maples replied until any other owner applies otherwise. Chairman Viktorin called for a vote. Motion to deny failed 2 to 4. Voting Record Voting "Aye" — Commissioners Sederdahl and locco. Voting "No" — Chairman Viktorin, Commissioners Scherrer, McDonald, and Selemon. Commissioner Scherrer made a motion to forward Zoning Application No. 1004 to City Council for approval with a second made by Commissioner McDonald. Motion to approve passed 4 to 2. Voting Record Voting "Aye" — Chairman Viktorin, Commissioners Scherrer, McDonald, and Selemon. Voting "No" — Commissioners Sederdahl and locco. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 8 Planning and Zoning Commission G. CONSIDERATION & POSSIBLE ACTION — ZONING APPLICATION NO. 1006 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 (RE) on the following described property, to wit: Zone Change Application No. 1006 Legal Description: 774 acres of land, more or less, being generally located in the D. H. M. Hunter Survey, A-36 and the T. J. Green Survey, A- 290, Harris Co., TX (Tract 6 - Clear Creek @ Country Club Drive) Commissioner Scherrer made a motion to forward Zoning Application No. 1006 to City Council for approval with a second made by Commissioner McDonald. Commissioner Sederdahl stated that he would be abstaining due to his company and a possible conflict of interest. Chairman Viktorin stated that if they approve this zoning tonight, and at a later �- date the owner comes to the Commission and proposes "R-2" or "R-3", he would more then likely approve the request. Commissioner Scherrer agreed and stated that any reasonable person would consider any reasonable request. Commissioner Sederdahl stated that he was under the impression that City Council wanted this item tabled, and Commissioner locco stated that he thought they stated that they just wanted the property owners to work with staff. Commissioner Selemon stated that he didn't think there is any difference whether the property is zoned "RE" or not because this is just a starting point for the property as it is annexed. Chairman Viktorin agreed and stated that if the City annexed the property as Suburban Development, then the owners would still have to go through the application process. Jim Holcombe stated that he has been developing in Houston and what he is has been talking with staff about and asking for is a chance to get a plan developed, and Pasadena School District agrees. Commissioner locco argued that if they don't zone the property then there is a chance area could become an Industrial area, because for one, it is located near Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 9 Planning and Zoning Commission the Beltway. Mr. locco stated that he doesn't see the G'ommission having any problems looking at any plans that are brought to them. Discussion ensued between the Commissioners and Mr. Holcombe regarding the proposed zoning and Mr. Holcombe argued that the density would not work and nobody could afford to develop in an "RE". Commissioner Scherrer stated that if they zone the property "SD" then who knows what the owners would come in and apply for and who knows what kind of neighbors Mr. Holcombe would end up with. Commissioner locco stated that they should go forward with "RE". Commissioner Scherrer agreed and stated that he can't see the present Commissioners or any future Commissioners being so unreasonable as to sticking the property owners with 700 acres of property that they can't do anything with. Chairman Viktorin called for a vote. Motion to approve passed 6 to 0 (1 abstention). Commissioner Sederdahl abstained. III. NEXT MEETING DATE: October 29, 2001 - No meeting November 5, 2001 — Regular Meeting November 12, 2001 — JPH & Regular Meeting November 19, 2001 — JPH & Regular Meeting November 26, 2001 — HGAC Workshop IV. ADJOURNMENT The meeting adjourned at 9:30 p.m. ese minutes respe•f y submittr• by: 1111 .i.i&J ,a ;S Li e 'niferGon I e , Plannin•i:7- oning ecretary . nutes approved a§,submitted and/or corrected on this hi- day of /1)91/2001. V CJi/./ - H. Charles Viktorin, Planning & Zoning Chairman Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. 10