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1997-01-13 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 13, 1997, AT 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 Tom Reid Councilmember/Mayor Pro Tem Jerry Richardson Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Larry Wilkins Councilmember Kevin Cole P & Z Chairman Rob Larsen Commissioner Emil Beltz Commissioner Mary Starr Commissioner Randy Patro Commissioner Jack Mathis Commissioner Marshall Eggers City Attorney Amy McCullough City Secretary Yolanda Benitez Others in attendance: Assistant City Manager Richard Burdine; and City Engineer John Hargrove. Mayor Reid explained the procedures to be followed throughout the public hearing. He pointed out that they would not go back in the agenda, only forward, and stated that he would ask three (3) times for persons who wished to speak "for" or "against" any particular zone application and they would only be allowed to speak during those portions of the agenda. Mayor Reid announced that the Planning & Zoning Commission would be meeting in the Second Floor Conference Room immediately following the public hearing and everyone was invited to attend the meeting. He pointed out that the P & Z would be making a decision at their meeting and would then forward their recommendation to Council for consideration at the next regular meeting of the City Council. PURPOSE OF THE HEARING: APPLICATION NO. 106 Request of Bobby F. Pearce, 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 the following described property, to -wit: �' 111 Being Lot 3 in Block 2 of Garden Acres Subdivision, Section 2, an addition in Brazoria County, Texas (2549 Garden Rd.) PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None ADJOURNMENT The public hearing for Application No. 106 was adjourned at 6:35 p.m. PURPOSE OF HEARING: APPLICATION NO. 107 Request of Michael J. and Susan J. Mutina, 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-1) on the following described property, to -wit: A parcel of land being 150.0 feet x 350.0 feet out of Tract "E", a 300.0 foot x 350.0 foot portion of the H.C. Johnston 99.0 acre tract, being the South 99.0 acres of the H.T.&B.R.R. Co. Survey, Section 7, Abstract 219, Brazoria County, Texas, as described in Deed recorded in Volume 595, Page 63 of the Deed Records of Brazoria County, Texas, and being known as Garden Acres, Section One, an unrecorded subdivision in Brazoria County, Texas (6211 Laurie St.). PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None ? :q PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None ADJOURNMENT The public hearing for Application No. 107 was adjourned at 6:39 p.m. PURPOSE OF HEARING - APPLICATION NO. 108 Request of Jesse Gallegos, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business District (GB) on the following described property, to -wit: Lot 5, Block 3, of Skyway Manor of the H.T.&B.R.R. Co. Survey (2751 Manvel Rd.). PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Jesse Gallegos - 2710 Honeysickle, Fresno, Tx. Mr. Gallegos came before Council to request approval of his zone application. He stated that he purchased the property approximately three years ago and noted that. his family has been working hard on their property. 2. Jesus Garcia - 7222 Libby Lane. Mr. Garcia stated that he is the owner of Garcia's Tire Shop and noted that his business is a neighbor to the business involved in the proposed zone application. He voiced his support of this zone application request. 3. Dorothy Gallegos - 2710 Honeysickle, Fresno, Tx. Mrs. Gallegos came before Council to reiterate the fact that they plan to have family -type entertainment at their place of business where people can listen to music and enjoy themselves. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None 1 q COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION P & Z Commissioner Randy Patro asked whether the close proximity of the church, which has previously been approved for this area, would have any bearing on this establishment. City Attorney Amy McCullough replied that it would not because the church has not been built yet and Mr. Gallegos' business is an existing one. Assistant City Manager Richard Burdine stated that the state has already made the determination on this matter and has issued a beer license to Mr. Gallegos. Councilmember KevinCole asked what Mr. Gallegos would be required to do under General Business that he did not have to do under Commercial zoning. Assistant City Manager Richard Burdine stated that under General Business, all activities would have to occur inside the building. Therefore, Mr. Gallegos will be required to erect a fence which will screen off his business from the surrounding properties, and he cannot have any bands or music outside the establishment. Councilmember Richard Tetens asked if there were residences behind the property in question. Assistant City Manager Burdine stated that there is a residence directly behind Mr. Gallegos' property. Commissioner Jack Mathis pointed out that there is a large amount of property to the ,., rear of the building; he requested clarification with regard to the fact that Mr. Gallegos could not have picnic tables, barbecue pits and that sort of activity outside the building. Assistant City Manager Burdine replied that the overview provisions of the ordinance state that business is to be conducted inside the building only. ADJOURNMENT The public hearing for Application No. 108 was adjourned at 6:50 p.m. PURPOSE OF HEARING - APPLICATION NO. 109 Request of H. L. Hebert, 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 the following described property, to -wit: Lot 4, Block 3, Garden Acres Subdivision, Section 2, an unrecorded subdivision out of the South 99 acres of Section 7, H.T.&B.R.R. Co. Survey, Abstract 219, Brazoria County, Texas (2554 Lazy Bend St.) M PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Howard Hebert - 2554 Lazy Bend St. Mr. Hebert came before Council and the Planning & Zoning Commission to urge them to approve his zone application. He stated that this neighborhood has been a single-family area for about 30 years and he wished for it to remain that way. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None ADJOURNMENT The public hearing for Application No. 109 was adjourned at 6:52 p.m. r Minutes approved as submitted and/or corrected this 1/7 day of A.D. , 1997. Tom Reid, Mayor ATTEST: 51111,1` z, City Secretary