Loading...
2002-08-12 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 AUGUST 12, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARINGS, IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The regular meeting was called to order at 9:06 p.m. with the following present: P&Z Chairman Todd Iocco P&Z Vice-Chairman Russ Selemon P&Z Commissioner Ray Bacon P&Z Commissioner Sheryl Greiner P&Z Commissioner Ruby Sandars P&Z Commissioner Don Sederdahl Planner I Theresa Grahmann Development Coordinator Mona Phipps P&Z Secretary Jennifer Gonzales P&Z Commissioner Robert Scherrer was absent. ^' H. APPROVAL OF MINUTES: July 15, 2002 Commissioner Greiner made a motion to approve the July 15, 2002 minutes with a second made by Commissioner Sandars. Chairman Iocco stated on page 4, he stated that Commissioner Scherrer actually asked when it was developed. Since Commissioner Scherrer was not present to verify this information the Commission decided to leave it open as to who asked the question. Motion to approve passed 6 to 0. The regular meeting adjourned at 9:10 p.m. to go into executive session. III. EXECUTIVE SESSION 1. Section 551.071 Under Texas Government Code - Consultation with City Attorney regarding pending litigation: Anthony Welded Products, Inc. vs. City of Pearland. Dan-in Coker, City Attorney The regular meeting reconvened at 9:31 p.m. to continue with new business. IV. NEW BUSINESS Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 1of12 Planning and Zoning Commission ,a A. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1058 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Heavy Industrial District (M-2) on the following described property, to wit: Zone Change Application No. 1058 Legal Description: Being part of Lot 32 and Lot 33, Section 8 of the H. T. & B. RR. Co. survey, A-504, as shown by the Allison Richey Gulf Coast Home Co. plat, Volume 2, page 23, plat records of Brazoria Co., TX (1854 Garden Road) Owner: F.F.& E. Family Limited Partnership P.O. Box 1462 Delano, CA 93216 Agent: City of Pearland Commissioner Sederdahl made a motion to forward Zoning Application No. 1058 to City Council for approval. Commissioner Bacon seconded the motion. Commissioner Sandars stated that she would like to see it documented regarding the stipulation of the land that will remain"SD". Chairman Iocco reminded the Commission they need to vote on what is being presented. Chairman Iocco called for a vote. Motion to approve passed 4 to 2. Voting Record: "Aye" —Chairman Iocco, Commissioner's Bacon, Sandars and Sederdahl. "No" —Vice-Chairman Selemon and Commissioner Greiner. B. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1057 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C) on the following described property,to wit: • Zone Change Application No. 1057 41101. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 2 of 12 Planning and Zoning Commission AM. MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 12, IMMEDIATELY FOLLOWING THE JOINT PUBLIC HEARINGS, IN THE SECOND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER The regular meeting was called to order at 9:06 p.m. with the following present: P&Z Chairman Todd Iocco P&Z Vice-Chairman Russ Selemon P&Z Commissioner Ray Bacon P&Z Commissioner Sheryl Greiner P&Z Commissioner Ruby Sandars P&Z Commissioner Don Sederdahl Planner I Theresa Grahmann Development Coordinator Mona Phipps P&Z Secretary Jennifer Gonzales P&Z Commissioner Robert Scherrer was absent. II. APPROVAL OF MINUTES: July 15, 2002 Commissioner Greiner made a motion to approve the July 15, 2002 minutes with a second made by Commissioner Sandars. Chairman Iocco stated on page 4, he stated that Commissioner Scherrer actually asked when it was developed. Since Commissioner Scherrer was not present to verify this information the Commission decided to leave it open as to who asked the question. Motion to approve passed 6 to 0. The regular meeting adjourned at 9:10 p.m. to go into executive session. III. EXECUTIVE SESSION 1. Section 551.071 Under Texas Government Code - Consultation with City Attorney regarding pending litigation: Anthony Welded Products, Inc. vs. City of Pearland. Darrin Coker, City Attorney The regular meeting reconvened at 9:31 p.m. to continue with new business. IV. NEW BUSINESS Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 1of12 Planning and Zoning Commission A. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1058 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Heavy Industrial District (M-2) on the following described property, to wit: Zone Change Application No. 1058 Legal Description: Being part of Lot 32 and Lot 33, Section 8 of the H. T. & B. R.R. Co. survey, A-504, as shown by the Allison Richey Gulf Coast Home Co. plat, Volume 2, page 23, plat records of Brazoria Co., TX (1854 Garden Road) Owner: F.F.& E. Family Limited Partnership P.O. Box 1462 Delano, CA 93216 Agent: City of Pearland Commissioner Sederdahl made a motion to forward Zoning Application No. 1058 to City Council for approval. Commissioner Bacon seconded the motion. n.- Commissioner Sandars stated that she would like to see it documented regarding the stipulation of the land that will remain"SD". Chairman Iocco reminded the Commission they need to vote on what is being presented. Chairman Iocco called for a vote. Motion to approve passed 4 to 2. Voting Record: "Aye" — Chairman Iocco, Commissioner's Bacon, Sandars and Sederdahl. "No" —Vice-Chairman Selemon and Commissioner Greiner. B. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1057 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C) on the following described property, to wit: Zone Change Application No. 1057 Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 2 of 12 Planning and Zoning Commission Commissioner Sandars asked if there is an office building on the property now. Ms. Becky Cornelius of Pat Griffin Realty replied that she is correct. Ms. Cornelius added they would like to keep the building as it is and she explained it could be used for a day care or some kind of doctor's office. Commissioner Iocco stated there could be no outside storage without a specific use permit. Development Coordinator Mona Phipps corrected Mr. Iocco and stated that rule only applies when the property adjoins residential zoning. Commissioner Bacon asked what is to the south. Ms Cornelius presented a map and explained the people to the south are also in favor of the request. Commissioner Sandars called for a question. Motion to approve passed 6 to 0. D. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1056 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Commercial District (C) to Multi-Family District (MF) on the following described property, to wit: Zone Change Application No. 1056 Legal Description: 1.9488 acres, out of Tract 30, George W. Jenkins Subdivision, J.F. Perry and E.M. Austin Survey, A-111, Brazoria Co., TX (Broadway Street) Owner: Estate of Francis Jamison, Jake A. Griffen, Independent Executor C/o Evelyn Newman, Century 21 Key Friendswood, TX 77546 Agent: Sally Gaskin Zone Change Application No. 1056 was removed from the agenda. The Commission took no action on this item. E. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1050 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Planned Unit Development (PUD) on the following described property, to wit: Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 4 of 12 Planning and Zoning Commission Zone Change Application No. 1050 Legal Description: 40 acres, located in the F.B. Drake Survey, H. T. & B. R.R. Co. survey, Section 14, A-509, Brazoria Co., TX (Northeast corner of Harkey Road and Bailey Road) Owner: Kirby Run Associates, L.P. 4719 Backenberry Drive Friendswood, TX 77546-3138 Agent: Peter Boescher of Vernon Henry and Associates, Inc. Commissioner Greiner asked for a point of information what a Planned Unit Development is. Development Coordinator Mona Phipps explained that a Planned Unit Development could be a combination of zoning categories or a stand-alone zoning. She stated the PUD document actually locks the zoning classification in and it allows the applicant to vary on some of the restrictions. Commissioner Greiner asked for a point of information if an"R-1 PUD" would be equal to a regular"R-1". Development Coordinator Mona Phipps replied that the PUD allows the applicant to vary the lot width. Vice-Chairman Selemon added that a PUD also allows for mixed zoning uses, cluster homes, or to allow for more green space. Commissioner Bacon made a motion to forward Zoning Application No. 1050 to City Council for approval. Vice-Chairman Selemon seconded the motion. Vice-Chairman Selemon asked if they would be locked into the document presented if the approved it this evening. Development Coordinator Mona Phipps replied that if they approved it then it is approved as is. Planner I Theresa Grahmann presented a map with the current subdivisions and subdivisions under construction with the zoning. Chairman Iocco pointed out the R-2PUD at Oakbrook Estates that really has R-3 size lots. Vice-Chairman Selemon pointed out that the PUD is the size of R-1 lots because they are Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 5 of 12 Planning and Zoning Commission 8,000 square feet lots. Commissioner Sederdahl brought up the Commercial part of the PUD, which the residents were concerned about. Vice-Chairman Selemon stated the Commission cannot help the fact that the current developer did not put up a privacy fence and the residents need to take up that with the developer. Chairman Iocco pointed out two factors that would have helped. He stated first of all that the "Commercial" wasn't documented, and Kirby Run Associates should have met with the residents. Commissioner Sandars asked why Kirby Run Associates did not take over the plat of Ravenwood Estates Section Three. Pierry Nys of Kirby Run Associates replied that the plat consisted of acre size lots and for the price he paid for the land he could not afford to develop it that way. Mr. Nys commented that in his opinion his layout and entrances are nicer. Chairman Iocco stated that the major problem in Pearland is that the lots are too small. He stated he cannot support the R-2 zoning and the city needs more R-1 size lots. 40. Vice-Chairman Selemon commented that the lots are equivalent to R-1 lots. Commissioner Sandars stated the width is what she looks for and she pointed out that she even lives in the old part of town. James Johnson, developer of Southgate Subdivision, stated that the side yards are not used for swimming pools. He added that you would have a lot more usable area in the back. He stated you mow the front and live in the back. Commissioner Sandars argued that you couldn't build a one-story house and have any space left over. Commissioner Greiner stated she is concerned about the"Neighborhood Services". Chairman Iocco stated if Commissioner Greiner is concerned then maybe she should deny the request. Chairman Iocco called for question. Motion to approve failed 1 to 5. Voting Record: Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 6 of 12 Planning and Zoning Commission '► Aye" —Commissioner Ray Bacon. "No" — Chairman Iocco, Vice-Chairman Selemon, Commissioner's Greiner, Sandars and Sederdahl. Commissioner Sandars made a motion to forward Zoning Application No. 1050 to City Council for denial. Commissioner Greiner seconded the motion. Motion to approve passed 5 to 1. Voting Record: "Aye" — Chairman Iocco, Vice-Chairman Selemon, Commissioner's Greiner, Sandars and Sederdahl. "No" —Commissioner Bacon. F. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1034 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Estate Lot Single Family Dwelling District (RE) to Single Family Dwelling District (R-2) on the following described property, to wit: Zone Change Application No. 1034 Legal Description: 120.134 acres of land, being Lots 4 & 7 of Section 14, H.T. & B. R.R. Co. survey, A-538, Brazoria Co., TX, R.B. Lyle Assignee, according to the plat recorded in Volume 2, Page 98, plat records of Brazoria Co., TX (Broadway Street @ CR 48) Owner: John B. Briggs and Meredith Briggs LeBlanc 584 Magnolia Circle Houston, TX 77024 Agent: James Johnson Chairman Iocco made a motion to forward Zone Change Application No. 1034 to City Council for denial. Vice-Chairman Selemon seconded the motion. James Johnson, agent asked when the Commission is making these decisions, are they concerned about the zoning, or is it a density issue. Chairman Iocco stated there are people who want to move to Pearland and they don't because they can't find any acreage. He stated he has spoken to house salesmen (as a customer) and has received a lot of information about what the biggest problems are and that is the biggest problem. .fission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 7 of 12 Planning and Zoning Commission Commissioner Bacon stated he would not have a problem with R-1. Chairman Iocco stated that R-1 or RE would fit here and he also is not fond of the layout and there are no amenities. Mr. Caffey stated the subdivision is next to Independence Park. Chairman Iocco stated that no kid of his is going to cross Pearland Parkway to get to that park. Mr. Caffey stated that Sunrise Lakes is one of his developments where there is both R-2's and R-3's. He encouraged the Commission to go and see his development. Commissioner Bacon stated for the record that he does not appreciate receiving any phone calls at his home or his business from the developers. He stated that he feels it is improper and he would not stand for it. Chairman Iocco stated the Commission is in the process of working on "by-laws" and the phone calls have gotten out of control. Mr. Caffey apologized to the Commission and stated he did not mean to offend anybody. oft. Chairman Iocco called for a vote. Motion to deny passed 6 to 0. Chairman Iocco stated they need wider lots. Commissioner Sandars stated it has been a revelation to receive the map from Theresa Grahmann showing the existing and upcoming subdivisions with the zoning. Mrs. Sandars stated it is true what people have been saying about the City needing more of a balance of zoning. The Commission thanked Theresa Grahmann for the map. Planner I Theresa Grahmann pointed out the disclaimer and stated the map may not be completely up to date and she is still working on it. Randall Wong asked if the Commission could table the application or make a motion for R- 1 size lots. Development Coordinator Mona Phipps stated that it would still go to City Council for a final decision. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 9 of 12 Planning and Zoning Commission Planner I Theresa Grahmann stated that even if the motion to deny with prejudice is passed the developer can still come back with an R-1 application. H. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1055 AND SPECIFIC USE APPLICATION NO. 111 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Planned Unit Development District (PUD) to Single Family Dwelling District — Specific Use (R-1(S)) for a church, on the following described property, to wit: Zone Change Application No. 1055 and Specific Use Application No. 111 Legal Description: 3.525 acres, out of Tract 9 of the W. Zychlinski Subdivision, H. T. & B. R.R. Co. survey, Sections 1,2,3 and 4, A-233, 542, 232, and 543, Brazoria Co., TX (3521 Orange Street) Owner: St. Stephen Lutheran Church 3521 Orange Street Pearland, TX 77581 Commissioner Greiner made a motion to forward Zoning Application No. 1055 to City Council for approval. Commissioner Sandars seconded the motion. Motion to approve passed 6 to 0. I. CONSIDERATION & POSSIBLE ACTION—ZONING APPLICATION NO. 1053 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: Zone Change Application No. 1053 Legal Description: 0.832 acres, Tract F, out of the H. T. & B. R.R. Co. survey, Section 7, A-219, Brazoria Co., TX (1525 Garden Road) Owner: Eric and Valerie Hicks 4831 Aspen Drive Pasadena, TX 77505 Commissioner Bacon made a motion to forward Zoning Application No. 1053 to City Council for approval. Commissioner Greiner seconded the motion. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page l0 of 12 Planning and Zoning Commission Commissioner Bacon asked for clarification on the setback that would be between 25' and 40'. He asked when Garden Road is widened how that would affect setback issue. Development Coordinator Mona Phipps replied there should be sufficient right-of-way or else it would say "to be acquired." She stated it would depend on the zoning when the owner comes in for a building permit. She explained at the permitting time it would be determined how far back the house should be built. Motion to approve passed 6 to 0. J. CONSIDERATION & POSSIBLE ACTION — Request by Gehan Homes for a variance from the Subdivision Ordinance that requires City Council acceptance on a subdivision before building permits are issued. The request is for Shadow Creek Ranch SF-9B for a sales trailer (lot 59, block 2) and a construction trailer (lot 11, block 1). Chairman Iocco asked for a point of information when the subdivision would be accepted by City Council. Secretary Jennifer Gonzales replied it should be up for City Council acceptance on August 26, 2002. Development Coordinator Mona Phipps stated that typically three days after the subdivision is accepted is when the building permits are turned in. Commissioner Sederdahl stated that if the Commission is going to stop these variances then they should to stop them all. Commissioner Greiner made a motion to deny the variance due to the lack of uniqueness with a second made by Chairman Iocco. Commissioner Bacon pointed out that it would be a temporary deal and the contractors just need a place to get out of the rain. Chairman Iocco stated that in his opinion that by granting these variances they are setting a precedent. Commissioner Bacon argued that it should be case-by-case basis. He stated he does not see anything wrong with it because it is just temporary. Chairman Iocco asked for staff' recommendation. Development Coordinator Mona Phipps stated that staff does not have a recommendation. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 11 of 12 Planning and Zoning Commission ' She stated that it does change procedure. She explained the addressing procedure to the Commission. Commissioner Sandars stated they should start now with setting the right precedents. Commissioner Greiner stated these variances have brought our City to what it is now and they will end up biting you in the end. Motion to deny passed 4 to 2. Voting Record: "Aye" — Chairman Iocco, Vice-Chairman Selemon, Commissioner's Greiner and Sandars. "No" — Commissioner's Bacon and Sederdahl. V. NEXT MEETING DATES: AUGUST 19, 2002 (JOINT WORKSHOP W/CITY COUNCIL AT 6:00 P.M. & REGULAR MEETING) VI. ADJOURNMENT The meeting adjourned at 10:36 p.m. se minutes respect ly submittecby: j 1 0 1 ��JV Je Jpr Minutes Gonz.es, 'la s 'ng& Zoning Secretary J appro as submitted and/or corrected on this 7day of 44C-7L. , 2002. c?,.., , ,, ----e7-- Todd Iocco, Planning& Zoning Chairman .0. Mission Statement: To make informed recommendations regarding zoning change requests,capital improvements,and other tasks as mandated by the City Charter. Page 12 of 12