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2001-11-12 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD NOVEMBER 12, 2001, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. ' CALL TO ORDER The Joint Public Hearing was called to order at 6:37P.M. with the following present: Mayor Mayor Pro -Tem Council Member Council Member Council Member Council Member P&Z Chairman P&Z Vice -Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger Richard Tetens Larry Wilkins H. Charles Viktorin Donald Glenn Todd Iocco Kevin McDonald Russ Selemon Don W. Sederdahl 259 Also in Attendance: Executive Director of Community Services Tobin Maples, City Attorney Darrin Coker, Deputy City Manager Alan Mueller, City Manager Bill Eisen, and P&Z Secretary Jennifer Gonzales. ZONING APPLICATION NO. 1007 II. PURPOSE OF HEARING 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. 1007 Legal Description: Lot H, Westgate Park Subdivision, Brazoria Co., TX (2550 Westgate Street) Owner: Ronnie P. Mueller and John A. Mueller 9421 W. Sterling Drive Pearland, TX 77584 P&Z Chairman Charles Viktorin read the purpose of the hearing into record. - 1 - 260 Executive Director of Community Services Tobin Maples, AICP, gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Mr. Maples stated that nine Public Comment Forms were sent out and none have been sent back. He stated that the Comprehensive Plan calls for "General Business," therefore the request is consistent. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Ronnie Mueller, 9421 W. Sterling Dr., Pearland, TX 77584, stated that this is his second go round. He explained that five years ago he was annexed and he was told to apply for "Light Industrial", and he did apply. He stated that he talked to the P&Z Chairperson after P&Z met and voted for the request, and she told him that was all he had to do. He stated that he didn't even know that the zoning did not go through until he came in a few months ago for a permit and the City denied it, and told him he was zoned "Suburban Development". He stated that he didn't even get a letter saying his request was denied. He researched the minutes and found there was no discussion on his request, and he doesn't even know why it was denied. He stated that he found out that he didn't even need "Light Industrial" after all, and he would like to get approval. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Wilkins asked if there is any kind of policy for the City to notify an applicant if their application is denied, and Executive Director of Community Development Tobin Maples replied that currently there is now a letter that is sent whether you are approved of denied. Council Member Owens stated that he hates that that happened and would like to see his fees refunded. VI. ADJOURNMENT The meeting adjourned at 6:35 p.m. SPECIFIC USE APPLICATION NO. 98 I. CALL TO ORDER The meeting was called to order at 6:36 p.m. II. PURPOSE OF HEARING IPM 261 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Commercial District (C) to Commercial District - Specific Use (C(S)) to allow a second phase of mini -storage warehouses to be built on the following described property, to wit: Specific Use Application No. 98 Legal Description: Lot 1, Broadway West subdivision, out of Lot 20, Allison Richey Gulf Coast Home Co.=s Suburban Garden Subd., as recorded in Volume 2, pg 107-108, Brazoria Co. Plat Records, Brazoria Co., TX (10401 Broadway Street) Owner: 518 Investments, Ltd. 7757 San Felipe, Suite 204 Houston, TX 77063 Agent: Michael Pollok P&Z Chairman Charles Viktorin read the purpose of the hearing into record. r, Mona Phipps, Development Coordinator, gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Ms. Phipps stated that since the facility was built, the ordinance has been changed and now requires a specific use permit for mini -storage warehouses. She stated that Public Comment Forms were sent to three property owners and none were received back. She stated that the Comprehensive Plan calls for "Business Park" use, therefore the request is compliant and staff recommends approval. She stated that a Traffic Impact Analysis might be required at the ti= of development for this phase. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Michael Pollak, 7757 San Felipe, Suite 204, Houston, TX 77063, stated that he is one of the owners and they originally built the project they did have every intention on continuing to build. He stated that this building will be unseen from the street and they are requesting this permit to continue their business. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE r— V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support -3- 262 Council Member Tetens asked if this will be closed, and Mr. Pollak, owner, responded that it is all closed property, and climate controlled. Council Member Marcott asked if this building goes behind the "L" shape part, and Mr. Pollak, owner, responded that it will be behind lots 3 & 4 and he showed on the slide the exact location. VI. ADJOURNMENT The meeting adjourned at 7:05 p.m. SPECIFIC USE APPLICATION NO. 96 I. CALL TO ORDER The meeting was called to order at 7:06 p.m. II. PURPOSE OF HEARING 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)) to allow a school to be built on the following described property, to wit: Specific Use Application No. 96 Legal Description: 86.913 acres, Section 15, H. T. & B. R.R. Co. survey, A-241, out of the John Massey 160 acre tract recorded in Vol. 708, pg 109, Brazoria Co. Deed Records, and being part of a 10 acre tract recorded in Vol. 1220, pg 413, Brazoria Co Deed Records, Brazoria Co., TX (Manvel Road @ Fite Road) Owner: Pearland I.S.D. P.O. Box 7 Pearland, TX 77581 Agent: Phillip Rutter of PBK Architects, Inc. P&Z Chairman Charles Viktorin read the purpose of the hearing into record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. She stated that Public Comment Forms were sent to 27 people and none have been received as of today. She stated that the request is compliant with the Comprehensive Plan and staff recommends approval. She stated that a Traffic Impact Analysis might be required. ME 263 III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Phil Rutter, PBK Architects, Inc., handed out a site plan for the Commission and City Council for review. He stated that PISD would like to build a 106,000 sq. ft. middle school at the north end. A Traffic Impact Analysis is being done and he is there to answer any questions. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Richard Wells, 2736 Piper Rd, Pearland, TX, stated that he has been a resident there for 28 years and there is something missing on the slides, which is Skyway Manor. He stated that his concern is the construction of the school within the Approach and Departure Zone of an active airport, which has been there since 1956. He said the airport runs north of the request. Mr. Wells spoke with Mike Nicely of the FAA (Federal Aviation Administration) and he learned that form 7460-1 would need to be filed in order to make any changes around this land. Mr. Wells read from the Federal Regulatory Requirements AC, chapter 2, paragraph 212. Mr. Wells stated that his desire is to protect and educate the public to necessary precaution for their safety, and as a parent he would not want his children in a school where aircraft is making an approach or departure and the Skyway Manor pilots do not want to be put in that position either. Burt Wither, 2825 Piper Road, Pearland, TX, stated that he has been a landowner for nine years. He stated that a major concern is that he will not be able to use his land for what it is currently used for. He asked for City Council to please ask the school district to follow the FAA Regulations. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Seeger asked what the length of the RPZ zone is, and Mr. Wells replied that it is 250' wide, there is a 450' trapezoid, and it is 1000 long for a total of 8.035 acres. Mr. Seeger stated that this is something that definitely needs to be looked into. Council Member Marcott stated that there has been a poor delivery of letters, and he asked about the zone change signs. Executive Director of Community Development Tobin Maples replied that staff has not received the signs yet. Council Member Marcott stated that staff needs to expedite that. City Attorney Darrin Coker stated that he would like to implement comments regarding this application and the next application. He stated that these applications are made by ,— the school district and by law the city cannot deny them the right to build a school. He explained that the regulations discussed are federal regulations and they will have to work with the Federal Government on those issues. -5- 264 P&Z Commissioner Selemon pointed out that West Oaks Village Section Four looks awful close to the trapezoid. VI. ADJOURNMENT The meeting adjourned at 7:25 p.m. SPECIFIC USE APPLICATION NO. 97 I. CALL TO ORDER The meeting was called to order at 7:26 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District Residential (SD -R) to Suburban Development District Residential - Specific Use (SD-R(S)) to allow a new school building to be built on the following described property, to wit: Specific Use Application No. 97 Legal Description: 36.34 acres out of 41.34 acres, being a part of A.C.H. & B., Section 1, A-147, Brazoria Co., TX (2316 Old Alvin Road) Owner: Pearland I.S.D. P.O. Box 7 Pearland, TX 77581 Agent: Phillip Rutter of PBK Architects, Inc. P&Z Chairman Charles Viktorin read the purpose of the hearing into record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. She stated that Public Comment Forms were sent to 124 people and none were returned. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Phil Rutter, of PBK Architects, Inc., stated that they are going to remove two existing maintenance shops and then build an alternative center, which is going to be approximately 34,000 sq. ft. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 265 P— NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Owens asked if buses are going to be used, and Mr. Rutter answered that he was not sure. Council Member Owens stated that if there are any more buses on Plum then they might want to take a look at doing some street work. VI. ADJOURNMENT The meeting adjourned at 7:50 p.m. ZONING APPLICATION NO. 997 I. CALL TO ORDER The meeting was called to order at 7:51 p.m. II. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Mobile Home Park District (MH) on the following described property, to wit: Zone Change Application No. 997 Legal Description: 29.9980 acres of land, being all of Lots 10, 11 and 34, Allison Richey Gulf Coast Home Co. subdivision, Section 8, H. T. & B. R.R. Co. survey, A-504, recorded in Vol. 2, pg 24, plat records of Brazoria Co., TX (1938 Garden Road) Owner: CMH Parks, Inc. 5000 Clayton Road, Dept 203A Maryville, TN 37804 Agent: Jack Willis, Manager of Raintree Estates P&Z Chairman Charles Viktorin read the purpose of the hearing into record Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. She stated that the property is 29.9980 acres and has approximately 290 mobile home spaces. She stated that Public Comment Forms were sent to 22 people and none have been received. She stated that -7- 266 Comprehensive Plan calls for "Low-density", and at the request of staff, the property owner is applying for Mobile Home Park District, therefore staff recommends approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Marcott asked about this being at the request of the City, and Executive Director of Community Development Tobin Maples explained that every time a lot is vacated they have to come in for a placement permit to allow for another mobile home to be moved in, which creates a trail of paperwork for staff since the property is not zoned. Council Member Seeger asked if there is any additional property, and Development Coordinator Mona Phipps replied that there is no additional property. City Attorney Darrin Coker stated that our ordinance does allow for any mobile homes to be placed on a lot, and they are only allowed in a mobile home park. He pointed out that they are not obligated to vote for the request because they can still operate as they are, however, this was requested by staff to eliminate so much "red tape" paperwork. VI. ADJOURNMENT The meeting adjourned at 7:56 p.m. ZONING APPLICATION NO. 1009 I. CALL TO ORDER The purpose of the hearing was called to order at 7:56 p.m. II. PURPOSE OF HEARING 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. 1009 267 Legal Description: Tract 3, Westchester Estates, Jack C. McKnight Survey, Section 17, H. T. & B. R.R. Co. survey, A-242, as recorded in Volume 12, deed records of Brazoria Co., TX (Westchester Circle) Owner: Walter and Ashley Landry 5502 Cunningham Pearland, TX 77581 P&Z Chairman Charles Viktorin read the purpose of the hearing into record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. She stated that Public Comment Forms were sent to 12 people and none have been received. She stated that the Comprehensive Plan calls for "Low-density" and the request is compliant, therefore staff recommends approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST NONE IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Marcott asked if Fielder Electric would be required to put in a fence, and Development Coordinator Mona Phipps replied that they would not. VI. ADJOURNMENT The meeting adjourned at 8:04 p.m. respectfully submitted by: Planning Minutes approved bm"ted and/or corrected this i day of December , 2001, AD Tom Reid, Mayor RE THIS PAGE LEFT INTENTIONALLY BLANK