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2001-04-02 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES1?7 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 2, 2001, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The Joint Public Hearing was called to order with the following present: Mayor Councilmember Councilmember Councilmember P & Z Chairman P & Z Commissioner P & Z Vice -Chairman P & Z Commissioner P & Z Commissioner P & Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger H. Charles Viktorin Todd locco Donald Glenn Emil A. Beltz Randy Patro Russ Selemon Others in attendance: Manager of Administrative Support Tobin Maples, AICP, Planning and Zoning Secretary Jennifer Gonzales. Council Member Larry Wilkins, Council Member Helen Beckman, and Planning and Zoning Commissioner Richard Tetens were absent. ZONING APPLICATION NO. 977 and SPECIFIC USE NOS. 91 & 92 CALL TO ORDER The Joint Public Hearing was called to order at 6:30 p.m. II. PURPOSE OF HEARING Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District with a Specific Use for a machine shop and a Specific Use for an RV/Boat storage (C(S)(S)) on the following described property, to wit: 1. Zoning Application No. 977 and Specific Use Nos. 91 & 92 Legal Description: 9.743 acres being a part of Lot 18, Allison Richey Gulf Coast Co. Subdivision, F.B. Drake Survey, H. T. & B. R.R. Co. Survey No. 8, A-504, Brazoria Co., TX, according to the plat records in Vol. 2, pg 23, plat records of Brazoria Co., TX (2413 Roy Road) Owner: Bobby Earl Hopper 3002 Piper Road 128 Pearland, TX 77584 The purpose of the public hearing was read into the record by P&Z Chairman Charles Viktorin. Manager of Administrative Support Tobin Maples, AICP, presented the location of the proposed zone change by showing slides of the property and gave a brief description of the surrounding properties. He stated that staff sent out 12 public comment forms. He stated that the Comprehensive Plan calls for "General Business", however the request relates to section 5.3 of the Land Use and Urban Development Ordinance, therefore staff does recommend approval. He stated that the owner is trying to remain as "tied down" as possible by asking for "Specific Uses". III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Alice Hopper, 14413 Roy Rd, Pearland, TX, 77581, stated that she is the owner and she is in support of the request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSIONISTAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Commissioner Patro asked if the RV/Boat Storage will be covered, and owner Mr. Hopper replied that it will start off being uncovered, but he hopes to have it eventually covered. Council Member Marcott stated verified that there is no other zoning up or down Roy Road, and Manager of Administrative Support Tobin Maples replied that it is "Suburban Development". Council Member Seeger asked about "screening", and Mr. Maples replied that "screening" should kick in when the surrounding properties come in for zoning. Council Member Marcott asked if this is just an addition or does the owner plan to expand the machine shop, and the Mr. Hopper stated that the would like to expand the machine shop. Council Member Owens asked about any parking requirements that may be required for the storage facility, and Mr. Maples stated that the requirements will be addressed at the time of permit issuance, and he added that an all weather surface fire lane might be required. VI. ADJOURNMENT 2 129 The Joint Public Hearing adjourned at 6:45 p.m. ZONING APPLICATION NOS. 316 & 970 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:46 p.m. II. PURPOSE OF HEARING Request of owners 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-3) on the following described property, to wit: 1. Zoning Application No. 316 Legal Description: Lot 6, Block 1, Buena Vida Subdivision, H. T. & B. R.R. Co. survey, A-240, Brazoria Co., TX (5725 Cantu) Owner: Rafael Salazar and George Salazar 5725 Cantu Pearland, TX 77584 2. Zoning Application No. 970 Legal Description:.285 acres of land in Lot 26, Figland Orchard Subdivision, Section 13, H. T. & B. R.R. Co. Survey, A-240, Brazoria Co., TX, according to the plat recorded in Vol. 3, pg 77, plat records of Brazoria Co., TX (Fite Road) Owner: Julian Bejarano 5625 Fite Road Peariand, TX 77581 Agent: Yolanda Bejarano The purpose of the public hearing was read into the record by P&Z Chairman Charles Viktorin. Manager of Administrative Support Tobin Maples, AICP, presented the location of the proposed zone change by showing slides of the property and gave a brief description of the surrounding properties. He stated that staff sent out 23 public comment forms and the request does comply with the Comprehensive Plan. He explained that these applications were previously tabled due to the request not meeting the zoning classification they were applying for. 3 13n III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE IV, PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCILIPLANNING COMMISSIONISTAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Marcott asked if there is any way that we could prevent having to redo these applications when a mistake occurs. Manager of Administrative Support Tobin Maples stated that he apologizes again for the errors, and staff will verify the lot sizes and the dimensions more carefully. He then stated that there is also a mechanism in place to catch these kinds of errors. VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:50 p.m. AMENDMENTS TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE I. CALL TO ORDER The Joint Public Hearing was called to order at 6:51 p.m. II. PURPOSE OF HEARING Consider amendments to the following sections of the Land Use and Urban Development Ordinance: Section 2.1.1), Zoning Map Section 2.3., Zoning Changes Chapter 3, Definitions Section 6.4.2.(c), Section 7.4.2.(a), Section Requirements Section 11.3.2, Minimum Dwelling Unit Size Section 15.4.2.(a), Outdoor Activities and Uses Section 22.1., Landscape and Building Facade Section 22.6, Building Facades 2 U Re ulations 8.4.2.(a), Section 9.4.2., Yard Regulations Section 23. (f), se g Section 24.1.(3)(f)2., Section 24.1.(3)0), Section 24.1.(3)(M), Signs requiring permits Section 24.4.(1), Height Restrictions Section 24.15, Replacement or Repair of Sign 2 Section 24.17(5), Builder/Subdivision and Subdivision Identification Signs Section 24.18(6), Section 24.18(7), Use of Banners Section 24.20, Offense Section 29.2.1), Powers Section 29.3, Hearing Section 29.5, Posting Property for Variance Requests Section 33.4, Public Hearing -City Council Section 33.7, Posting Property for Zoning Changes Table III, Schedule of Uses Table VI, Schedule of Off -Street Parking Standards Exceptions 2 Exceptions 4 Special Provisions P&Z Chairman Charles Viktorin read into the record the Executive Summary as a brief explanation of the purpose for the amendments. Manager of Administrative Support Tobin Maples explained that this is the long list of amendments they have been working on for some time and offered to detail each item, or answer any questions on any item. Mayor Reid stated that he did not need to go over each one since they have had workshops already. Commissioner Petro stated that he plans to have this item tabled as the Commission's recommendation, until a Joint Workshop is held with City Council. Council Member Seeger stated that on page 134, he is confused about the section regarding the Manufactured Homes, and how it states "NO" under Mobile Homes on the chart. Mr. Maples clarified that in the research process it was discovered that the current definition of "Manufactured housing" or "Mobile Homes" is not consistent with state law, so a change was made and they also added a new row for Manufactured Homes. Deputy City Manager Alan Mueller stated that a "mobile home" is anything built before 1976, then after that date, "manufactured homes" have tighter restrictions as to how they are built. City Attorney Coker clarified that by stating "NO" under "Mobile Home" your saying that you won't allow anything built prior to June of 1976. Council Member Seeger stated that on page 143, he is glad to see that "chemical packing/blending" is only allowable in "M-1" or "M-2" by Specific Use Permit only, and the "warehouse distribution" is listed further down the page. Mr. Maples pointed out that he is correct and "warehouse distribution" is a category they have not had in the past. Mr. Seeger then verified that there are no longer any "YES's" for "asphalt/batching plants", and Mr. Maples replied that he is correct. Mr. Seeger then asked about "concrete batching plants", and asked if originally that was a "YES" only under "M-2", and it is being changes to "YES" under "M-1" and 5 13? allowing for a "Specific Use" in "Commercial". He then stated that he has a problem with that. He stated specifically for the record that a "concrete batching plant" in "Commercial" use is not acceptable, and pointed that there is a lot of "Commercial" next to "Residential". Mr. Seeger then referred to a situation in Sugarland where they battling to keep a similar larger plant out of their neighborhood and they don't have the benefits of zoning as we do. Mr. Seeger then stated that he feels it is a big mistake to even allow for a "Specific Use" for this in any "Commercial" zoning, and they should reconsider this very strongly before moving forward. Council Member Marcott stated that he thought this was discussed based on a small quantity such as two or three yards for this specific use. Mr. Maples stated that they did originally propose a maximum of 3 yards per batch, but they decided it would be more beneficial in the long run to allow City Council to dictate what size they want per application. Mayor stated that he would like moving forward with the agenda and continuing with the comments under the staff discussion item. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Delores Fenwick, 1910 Washington Irving Dr, Pearland, TX, stated that she has reviewed only the parts having to do with Mode, landscaping, and the sign ordinance. She then stated that she has one comment on the definition of "masonry". She stated that she hopes this will not allow for another bright yellow building like the one across from Coles Flea Market. Stella Roberts, 2918 Green Tee Dr, Pearland, TX, stated that she has also looked at the same things as Mrs. Fenwick, and she is pleased with the changes. She then stated that the City could now control facades and signs along thoroughfares. She then stated that if the City keeps allowing for creosol supporting the utility lines, then the city would never look like Sugarland. Megan Kirby, 17020 Bery Rd, Pearland, TX, stated that she would like to commend City Council for doing "Specific Use" on the sign permits. She stated that they need to keep some of the companies out of Pearland because Pearland is too beautiful. Mrs. Kirby stated that she has problems with the "grandfathering." She suggested that the City should maybe put a time limit (such as 5 years) on these companies to meet the City's regulations. David Tinney, of LJA Engineering, 2929 Briar Park, Suite 500, Houston, TX, stated that he has a letter from Kerry Gilbert of Kerry Gilbert & Associates that he would like entered into record. He gave a brief presentation that focused on the sideyard A W _ setback amendments, and showed a layout of scenarios and briefly explained each scenario. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mark Broussard, 2705 West Oaks Blvd, Pearland, TX, stated that he would like to commend the City on taking the step to doing these amendments. He stated that he would like to speak in reference to the "concrete/batching" amendment. He stated that he would like to know more about what is involved, and how much is involved. He stated that the City could be opening doors. He finished by stating that the City may not benefit positively from this change. V. COUNCIUPLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Mayor Reid pointed out that they have had workshops on these amendments in and have reviewed them in detail. Council Member Seeger stated that on the issue of "batching" you stated that we could specify the size of the load however, we cannot specify how many loads they can sell. He pointed out that there really is no control over the trafficking or the amount of concrete that is going through the place. Manager of Administrative Support Tobin Maples verified with the City Attorney that with a "Specific Use" permit you can control whatever you want. Council Member Seeger asked why the City would want to put itself in that position, and referred to an article he read in the Houston Chronicle there is some legislation pending possible approval on how they are going to significantly reduce the requirements for concrete batching plants. Council Member Owens stated that they had originally talked about putting a number of cubic yards, and Manager of Administrative Support Tobin Maples stated that it was at 3 cubic yards. Council Member Seeger stated that the bottom line is that this will have a negative effect. Council Member Marcott reminded the Council that they wanted this "Specific Use" so that they detail what they want it to be, and if the company wants anything larger the they have to come back. Council Member Seeger disagreed. He stated that you can not put a limit on noise and dust, and they should do something about it now. 7 134 Mayor Reid asked if they might need to have two different line items, and Mr. Maples replied that that is how they started originally and it was changed after the second workshop. Deputy City Manager stated that one of the versions they discussed had two separate line items. He explained that one was for 3 yards and one was for unlimited, and through the workshop process it was combined under one line. He stated that if City Council wants to split it back out then they need to give staff that feedback. Mayor Reid stated that he thinks it is a definitional problem. Commissioner Patro asked if they can specify a time limit with the "Specific Use" permit, and maybe request that it is renewed in a year, and City Attorney Coker stated that they cannot do that. City Attorney Coker reminded the Council that they have the right to unilaterally take the Specific Use away if the Company is not complying. Council Member Seeger stated that he feels like they are trying to get around the process of calling it under "M-2" zoning, which is what it is. P&Z Commissioner Selemon stated that staff should probably consider putting "under 3 cubic yards or less" in the definition. Manager of Administrative Support Tobin Maples stated that from the staffs perspective, when City Council wants to start controlling "batching" then a "Specific Use" is the best way to go. P&Z Commissioner Patro stated that is obvious that they need a workshop. Council Member Marcott stated that under definitions on page 18 it discusses "first floor' and at the end the height of the ceiling can be no more then 12 feet. Mr. Marcott asked if that means that no ceiling can be more then 12 feet. Mr. Maples clarified that the definition was added due to the new verbage that was added for the fagade requirements. He explained that when certain industrial districts depending on the size of the building will have to comply with the masonry requirements on the first floor. Deputy City Manager Alan Mueller referred Council Member Marcott to page 80. Council Member Marcott stated that staff may want to reference that they "Commercial" or "Industrial" in the definition. Discussion ensued between staff and Council regarding the verbage of the definition. N 135 Council Member Marcott stated that under "Manufactured Homes" on page 21 they are talking about an 8' body width and 40' or more in length which is 320 or more square feet. He thought they discussed a lot more square feet then that. Mr. Maples stated that the definition listed is identical to what the state uses, and Mr. Coker added that that is the state law. Council Member Marcott stated that he feels that they should maintain the yard setbacks that City Council has put together. Council Member Marcott showed confusion about the subdivision entry signs, and Mr. Maples clarified that there usually is no more then two. Mr. Marcott asked why they can't just have one entry sign, and Mr. Maples used the example of a boulevarded entry way, and that there is usually an entry sign on each side. Council Member Owens referred to page 19, homeowners association/property owners association, and asked if that is saying that each land owner and each house has to be a member of a Homeowners Association. Mr. Maples clarified that there is nothing in the books that says a Homeowners Association has to be established, and page 19 just defines what a Homeowners Association is. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:30 p.m. Minutes respectfully syl*nitted by: Minutes approved as submitted and/or corrected this 23 day/18f April AD, 2001 Tom Reid, Mayor