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1998-01-26 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 ON JANUARY 26,1998,6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The hearing was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember Chairman Vice -Chairperson Commissioner Commissioner Commissioner Commissioner Tom Reid Helen Beckman Kevin Cole William Berger Richard Tetens Larry Wilkins Pat Lopez Emil Beltz Nghiem Doan Jack D. Mathis Tommy Scott Mary Starr Others in attendance: Project Coordinator Alan Mueller; City Engineer John Hargrove; Director of Planning and Development Dennis Smith; City Attorney Amy McCullough; Assistant City Attorney Darrin Coker; Project Specialist Ruby Perez; Director of Public Works Jerry Burns; and Planning and Zoning Secretary Judy Highburger. APPLICATION NO. 241. 1. CALL TO ORDER The meeting was called to order at 6:38 p.m. The purpose of the public hearing was read into the record by Commissioner Jack Mathis. 11. PURPOSE OF HEARING - ZONING APPLICATION NO. 241 Request of Mr. James Mallett, agent, for Mr. Melvin Dilling, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business (GB) on the following described property, to wit: Being 0.89532 acres out of 4.846 acres, called the east one-half of the west one- 2 .'-' half of Lots 63 & 64, section 9, HT & B RR Co. Survey, A-234, as recorded in Vol. 2, pg. 24, of the deed records of Brazoria Co., TX (7029 Broadway). Director of Planning and Development Dennis Smith, presented the location of the proposed zone change. 111. 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 Councilmember Richard Tetens asked if the property was zoned Suburban Development or had it been rezoned, and Mr. Smith said it is General Business on the west side and Suburban Development on the east side. VI. ADJOURNMENT The joint public hearing adjourned at 6:44 p.m. APPLICATION NO. 242. 1. CALL TO ORDER The meeting was called to order at 6:46 p.m. II. PURPOSE OF HEARING The purpose of the hearing was read into the record by Commissioner Tommy Scott. APPLICATION NO. 242 Request of Ms. Kim Durrett, owner, 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: Being a parcel of land containing 9.901 acres, a portion of Lot 40 of the Allison Richey Gulf Coast Home Co. and from the HT & B RR survey, section 85, A-304, as recorded in Vol. 2, pg 107, of the deed records of Brazoria Co, TX. Mr. Smith presented the location of the proposed request. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None. W. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST ►M,1972M- V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember William Berger said there was a commercial business of earth- moving rental equipment on the front of the property. Chairman Pat Lopez asked if an office building would be built on the property, and Mr. Smith said the equipment would be moved to the back of the property and a sales office be constructed on the front of the property. Chairman Lopez asked the zoning category of the proposed F.W. Gartner. business, and Mr. Smith said he would check on that and report back in the following Planning and Zoning meeting. VI. ADJOURNMENT The joint public hearing adjourned at 6:52 p.m. APPLICATION NO. 243 I. CALL TO ORDER The meeting was called to order at 6:53 p.m. II. PURPOSE OF HEARING APPLICATION NO. 243 Request of Mr. Kevin J. & Mrs. Betty L. Leininger, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification �a Suburban Development District (SD) to Single Family Dwelling (R-1) on the following described property, to wit: Being 1.50 acres, more or less, out of Lot 8, being the S.E. one-quarter of the North one-half, HT & B RR Co. Survey, section 14, A-509, Brazoria Co., TX (6319 Patridge Street). The purpose of the hearing was read into the record by Commissioner Mary Starr. Ill. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Ms. Betty L. Leininger, 6319 Patridge, said this facility will be residential care for the elderly, and currently there are no residents. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mr. Joe Barrera lives next to the property and feels the facility is isolated from City emergency services; however, the City is currently installing fire hydrants. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid questioned availability of emergency services, and Mr. Smith said that Wagon Wheel Subdivision has a CCN water company but the City does not have the right to serve water and sewer. He went on to say that Cottonwood has fire hydrants, but the City does not have the right to use the water. Mr. Smith said there is fire, police, and EMS, garbage, and street maintenance. Councilmember William Berger asked the classification for personal home care facilities, and Mr. Smith said those are state regulated and can be any class. Councilmember Helen Beckman asked if there is criteria under state guidelines as to number of residents, and Mr. Smith said there is a required ratio of caregivers to residents. City Attorney Amy McCullough said that the state regulations will require a license and the facility will have to give the City proof of same if required. Councilmember Beckman asked could the property be zoned with a Specific Use, and Ms. McCullough said that state law supersedes City regulations. Councilmember Larry Wilkins asked if homes for the retarded or handicapped have the same type of format, and Ms. McCullough said yes. v VI. ADJOURNMENT The public hearing adjourned at 7:05 p.m. APPLICATION NO. 244 I. CALL TO ORDER The meeting was called to order at 7:06 p.m. The purpose of the public hearing was read into the record by Commissioner Nghiem Doan. II. PURPOSE OF HEARING - APPLICATION NO. 244 Request of Mr. Dane Beito, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Mobile Home District (MH) on the following described property, to wit: One acre, more or less, out of Lot 9, being the northeast one-quarter of the southwest one-quarter of HT & B RR Co. Survey, section 14, A-509 of the deed records of Brazoria Co. TX (6328 Cottonwood) Mr. Smith presented the location of the property. Ill. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Dane Beito, 6328 Cottonwood, has one mobile home on the lot, and has a foundation, septic system, and has purchased a new mobile home to move in and remove the old one. Mr. Joe Gaston, 16308 CR 914, is in favor of the request, and said there are a lot of people in the area in mobile homes who do not want to move into a mobile home park and they can not afford other housing. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mr. C.F. Ryan, 6326 Cottonwood, lives in front of the property and ingress/egress is through a dirt road easement on his property that he maintains. He said the Beitos wanted to pour fresh concrete without forms on the road; they moved in a motor home and he allowed a water line because two meters would be easier to read than one; when the trailer was moved, it slid off and broke the water line; and dogs get into the trash set out. Ms. Trish Ryan, 6329 Cottonwood, has a single family home on one acre in the front of the property and wants to keep the zoning single family and not a trailer park. She said there were people coming and going at all times. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Richard Tetens asked if the front of the property was a single family residence, and Mr. Smith said yes. Councilmember Tetens asked if the majority of the homes are single family, and Mr. Smith said some are, some are single family mobile homes. Vice Chairman Emil Beltz asked if the land is landlocked, and Mr. Smith said yes. Chairman Pat Lopez asked if there was a way to zone the property R-1 with a Specific Use, and Mr. Smith said Mr. Beito requested a Mobile Home District. Mayor Tom Reid asked if the property was grandfathered, and Mr. Smith replied in the affirmative. Councilmember Kevin Cole asked if Mr. Beito is trying to replace the mobile home with a new one now, and Mr. Smith said yes, that is why Mr. Beito is asking for the proper designation now. Chairman Lopez said then it is a mobile home park. VI. ADJOURNMENT The public hearing adjourned at 7:23 p.m. APPLICATION NO. 245. 1. CALL TO ORDER The hearing was called to order at 7:24 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 245 The purpose of the hearing was read into the record by Councilmember Beckman. Request of Mr. James W. & Melanie Bagley, III, owner, 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 L �;, the following described property, to wit: Being Lot 9, Block 13, West Lea subdivision, Section 3, HT & B RR Co. Survey, section 16, A-546, as recorded in Vol. 12, pg. 23 of the deed records of Brazoria Co. TX (3618 Wingtail Way) Mr. Smith presented the location of the property. 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 None. VI. ADJOURNMENT The hearing adjourned at 7:26 p.m. APPLICATION NO. 257 I. CALL TO ORDER The hearing was called to order at 7:27 p.m. 11. PURPOSE OF HEARING - APPLICATION NO. 257 The purpose of the hearing was read into the record by Commissioner Jack Mathis. Request of Mr. Robert Lewis, agent, for ML Partnership, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification General Business District (GB) to Multi -Family Dwelling (MF) on the following described property, to wit: Being a 12.24 ac. Tract in the Thomas J. Green survey, A-198, Brazoria Co. TX, being part of a 9.883 ac. tract recorded under C.C.F. 97-025082 also being part of a 9.883 ac. Tract recorded under C.C.F. 96-045024 and part of a 4.5925 ac. Tract recorded under C.C.F. 97-00021, of the deed records of Brazoria Co. TX. Mr. Smith presented the location of the property. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Bob Lewis, 2905 Country Club, said there is a high occupancy rate of multi- family in the city; therefore, the 240 units that will be built on the property are needed. He went on to say they will be multiple -storied, gated, and beautiful. Mr. Dave Miller, 3007 E. Broadway, was in favor of the request. Mr. John Gilbert, 5247 Bras Valley, Houston, represented the Bomasada Group. He said the plans are to develop luxury, upscale apartments that are needed in Pearland. Mr. Pat Lopez, 3209 Dixie Farm Road, represented the YMCA Board of Directors. He is in favor of the request and wants to be a good neighbor, but has concerns as to what will be up against the YMCA property. He is aware of the corridor plan and how it will affect the YMCA and other projects adjacent to the property. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Chairman Pat Lopez abstained from discussion due to a conflict of interest. Councilmember Beckman was concerned about the property along the creek, and said the City has pleasing green space along the parks and hopes this would not prevent the bike trails. Mr. Smith said they are aware of the corridor overlay and it should not be a problem. VI. ADJOURNMENT The hearing adjourned at 7:40 p.m. Minutes respectfully submitted by: •-Highlftgw ' Minutes approved as submitted and/or corrected this the 9th day of February , A.D., 1998. ATTEST: �a � ' �/ • •- '' / Tom Reid Mayor