1992-09-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES124
MINUTES OF JOINT PUBLIC HEARINGS OF THE CITY COUNCIL AND THE PLANNING
AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEM-
BER 21, 1992 AT 6:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519
LIBERTY DRIVE, PEARLAND, TEXAS
The hearings were called to order with the following present:
Mayor Pro Tem Randy Weber
Councilmember D. A. Miller
Councilmember Benny Frank
Councilmember Joy Colson
Planning & Zoning
Commission Chairman Richard Tetens
Planning & Zoning
Vice Chairman Emil Beltz
Commissioner Helen Beckman
Commissioner James Garner
Commissioner Pat Lopez
Commissioner Jack Womack
Commissioner Mary Starr
City Manager Paul Grohman
City Attorney Lester Rorick
City Secretary Pat Jones
Others in attendance were Division Directors Richard Burdine and Glen'
Erwin and City Engineer John Hargrove.
Absent from the hearing: Mayor C. V. Coppinger and Councilmember David
Smith.
NUMBER 1 - APPLICATION NO. 28
NUMBER OF SIGNATURES ON THE ROSTER: 26
PURPOSE OF THE HEARING:
APPLICATION NO. 28 - REQUEST OF ALFRED E. LENTZ, AGENT FOR FEROZE P.
AND SHERNAZ BHANDARA, OWNERS, FOR AN AMENDMENT TO THE LAND USE AND
URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-3, PUD TO R-3, PUD,
SINGLE FAMILY DWELLING DISTRICT, PLANNED UNIT DEVELOPMENT, ON THE
FOLLOWING DESCRIBED PROPERTY, TO -WIT:
Lots 3-12, Block 2, Lots 28-31, Block 3, and Lots 3-32 and
39-46, Block 4, Riverwalk Subdivision, Section 2, Volume 16,
Page 219 and 220 of the Brazoria County Map Records (River-
walk Subdivision).
SPEAKING FOR THE PROPOSED REQUEST -
1. Al Lentz, agent for Feroze and Shernaz Bhandara. Mr. Lentz
explained this proposed zone change will increase the lot
sizes from approximately 39' in width to approximately 501
in width. This will decrease the total number of lots, Mr.
Lentz stated, and discussed the advantages to the subdivi-
sion from this decrease in lots. This will be of benefit to
the City, Mr. Lentz continued, and Mr. Bhandara is ready to
begin building and help get this dormant subdivision back on
line. In closing, Mr. Lentz stated a request that the
builders be allowed to keep the original 10' requirement
0
between houses. The applicants are requesting that they be
allowed to keep this 10' requirement even though there will
be no zero lot line houses. They will all be a 5' minimum
from the property line.
2. Bruce Brown, 14543 Muscatine. Mr. Brown stated he is the
builder on these proposed new homes and his firm constructs
a quality product which will add value to the subdivision.
3. Scott Ryan, 16923 Paint Rock. Mr. Ryan stated he is a real
estate developer and this proposed venture will benefit the
subdivision.
4. Fred Bhandara, 3501 Riverside. Mr. Bhandara stated he is
the owner of the lots proposed to be increased in size and
stated he felt this change would bring new life to the
subdivision. Mr. Bhandara expressed the desire to work with
the homeowners, solving common problems.
SPEAKING AGAINST THE PROPOSED REQUEST -
1. Paul Harrison, 1205 Chelsea Lane. Mr. Harrison stated he
represented homeowners in the Riverwalk Subdivision and
presented a petition to the City Secretary containing 38
signatures in which the petitioners requested action on the
proposed zone change request be postponed until their ques-
tions can be answered. There are questions regarding back
taxes and ownership of common areas, Mr. Harrison informed.
2. Susan Hudson, 3622 Lochmoor. Ms. Hudson discussed back
taxes and stated a lawsuit was filed in June of 1991 against
the Riverwalk Homeowner's Association which is now defunct.
The homeowners are responsible for a court cost fee and Ms.
Hudson questioned the impact of this if a judgment is filed
against the homeowner's association.
3. Karen Ratliff, 1207 Chelsea Lane. Ms. Ratliff stated she
had no problems with building in the area but had concerns
with ownership of common property in the area. Ms. Ratliff
stated it was her understanding Mr. Bhandara has paid the
back county taxes on the drainage ditch in question but who
will be responsible for it in the future.
A discussion ensued in which the history of the subdivision was dis-
cussed. It was brought out that while the concerns of the homeowners
were valid, these are separate issues from what is being requested
here tonight.
The maintenance of detention ponds within subdivisions was discussed
as well as the flood insurance rates.
QUESTION AND ANSWER PERIOD -
During this period, discussion again centered around responsibility
for and maintenance of detention ponds. It was brought out that it is
a policy that the City does not maintain detention ponds within subdi-
visions. Councilmember Miller acknowledged this was a city-wide
problem and suggested that possibly the Council could address this in
the future.
It was announced this item would be considered in a meeting of the
Planning and Zoning Commission to be held immediately following the
public hearing.
COMPLETE TAPE OF HEARING IS ON FILE IN THE CITY SECRETARY'S OFFICE.
ADJOURN
The hearing adjourned at 7:15 P. M.
MEETING RECESSED AT 7:15 P. M.
126
MEETING RECONVENED AT 7:30 P. M.
NUMBER 2 - APPLICATION NO. 29
NUMBER OF SIGNATURES ON THE ROSTER: 30
PURPOSE OF THE HEARING:
APPLICATION NO. 29 - REQUEST OF KENT BALLARD OF BENTON/BLAND INVEST-
MENTS, AGENT FOR RESOLUTION TRUST CORPORATION, OWNER, FOR AN AMENDMENT
TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-
2, SINGLE FAMILY DWELLING DISTRICT, TO NS, NEIGHBORHOOD SERVICE DIS-
TRICT, ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT:
Reserve A, Amending Plat of Oakbrook, Section 1, Phase 1,
Volume 19, Page 41 of the Brazoria County Map Records
(Oakbrook Subdivision).
SPEAKING FOR THE PROPOSED REQUEST -
1. Al Lentz, Engineer for Benton/Bland Investments. Mr. Lentz
explained a convenience store is proposed for this 1.4 acre
tract at the intersection of Dixie Farm Road and Oakbrook
Drive. Mr. Lentz introduced conceptual drawings of the
proposed facility.
2. Kent Ballard, Benton/Bland Investments. Mr. Ballard stated
his firm had purchased the balance of the acreage in this
area and felt this was the highest and best use for this 1.4
acre tract.
SPEAKING AGAINST THE PROPOSED REQUEST -
1. Bunny Williamson, 3504 Dixie Farm Road. Ms. Williamson
spoke in opposition to the rezoning, stating the residents
of this area have long been opposed to anything but
residential in this area.
2. Don Sapaugh, 3774 Buckholt. Mr. Sapaugh voiced his objec-
tion to a convenience store in this area stating it would be
detrimental to the quality of life in the area and would
bring increased traffic.
3. Kay Campbell, 3993 Dixie Farm Road. Ms. Campbell expressed
her objection to a convenience store in this area, prefer-
ring that it remain residential.
4. Mark Campbell, 3993 Dixie Farm Road. Mr. Campbell stated he
was opposed to a convenience store for reasons of increased
crime.
5. Jesse Lopez, 3207 Dixie Farm Road. Mr. Lopez stated his
objection to the convenience store for reasons of increased
litter.
6. Carmen Lopez, 3207 Dixie Farm Road. Ms. Lopez voiced her
objection to the convenience store.
7. Wanda Jamison, Dixie Farm Road. Ms. Jamison stated she was
opposed to a convenience store.
8. Burch Estes, 2238 N. Pearland, #C. Mr. Estes stated he was
purchasing a home in the area and did not want a convenience
store there.
9. Richard Arbaugh, 1525 Westfield Road. Mr. Arbaugh stated he
was opposed as there are other stores of this type close by.
10. Cheryl Bouillion, 1524 Westfield. Ms. Bouillion stated her
objection to the store as it would be an "attractive nui-
sance" to children possibly causing fatalities.
11. Debbie Lopez, 3209 Dixie Farm Road. Ms. Lopez stated she
127
was opposed to the convenience store.
12. Joe Sellers, 2403 Buckholt. Mr. Sellers stated he was in
the convenience store business and this was not a good
location which would result, if built, eventually in an
abandoned building causing an eyesore.
QUESTION AND ANSWER PERIOD -
In discussion, area zoning was discussed as well as pipelines in the
vicinity.
COMPLETE TAPE OF HEARING IS ON FILE IN THE CITY SECRETARY'S OFFICE.
ADJOURN
The hearing adjourned at 8:07 P. M.
Min tes approved as submitted and/or corrected this day of
A. D., 1992.
GVW
Randy Weber, Mayor Pro Tem
ATTEST:
Pa Jones, 'ty Secretary