Loading...
1997-04-14 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESA 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 14, 1997, 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The hearing was called to order with the following present: Mayor Councilmember Councilmember Councilmember Councilmember P & Z Vice Chairman Commissioner Commissioner Commissioner Commissioner Tom Reid Helen Beckman Larry Wilkins Richard Tetens Kevin Cole Pat Lopez Emil Beltz Mary Starr Randy Patro Jack Mathis (arrived 6:18 p.m.) Others in attendance: City Attorney Amy McCullough; Assistant City Manager Richard Burdine; Project Coordinator Alan Mueller; and City Engineer John Hargrove. CALL TO ORDER Mayor Reid advised all that Application No. 112 and Application No. 113 would be heard at the end of the hearings as all persons representing that application are not present. APPLICATION NO. 116 P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 116 Request of George H. McCaa, 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: 2.00 acres out of Lot 23, Allison -Richey Gulf Coast Home Co. Suburban Gardens Subdivision, Section 8, H.T. & B. R.R., A-504, recorded in Vol. 2, Page 23 of the Plat Records of Brazoria County, Texas. Assistant City Manager Richard Burdine presented the location of the proposed zone change. 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 adjourned at 6:12 p.m. CALL TO ORDER P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 114 Request of Leo J. Gabriel III, 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 2, Block 1, Gabriel Enterprises Subdivision, approximately .5165 acres, recorded in Volume 19, pages 291-292 of the deed records of Brazoria County, Texas. Assistant City Manager Richard Burdine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. 1274 ADJOURNMENT The public hearing adjourned at 6:18 P.M. APPLICATION NO. 115 CALL TO ORDER P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 115 Request of Jo Maples, agent for Bill E. Holley, 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: Lot 23, Allison -Richey Gulf Coast Home Co. Suburban Gardens Subdivision of Section 8, H.T. & B. R.R. Survey, A-504, recorded in Volume 2, Page 23 of the plat records of Brazoria County, Texas. (5523 Broadway) Assistant City Manager Richard Burdine presented the location of the proposed zone change. 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 joint pubic hearing adjourned at 6:27 p.m. APPLICATION NO. 207 CALL TO ORDER P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 207 Request of Pro -Line Water Screen Services, Inc., agent for Gatech Enterprises, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Heavy Industrial District (M2) on the following described property, to -wit: 2.00 acres out of Lot 178, Zychlinski Subdivision, Section 28, H.T. & B. R.R. Survey, A-551, (G.C. Smith Survey), recorded Vol. 593, Page 407 of the Deed Records of Brazoria County, Texas. (17605 SH 35). Assistant City Manager Richard Burdine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Rudolph Rusnak, owner of Indmar Supply, addressed Council and the Commission advising them that the address of the property is incorrect. The address that is shown on the application is not the address that was given when the property was annexed. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Staff informed Council that they would check into the addressing. ADJOURNMENT The public hearing adjourned at 6:35 p.m. APPLICATION NO. 208 CALL TO ORDER P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 208 Request of Gatech Enterprises, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Heavy Industrial District (M2) on the following described property, to -wit: 2.7106 acres out of Lot 178, Zychlinski Subdivision, Section 28, H.T. & B. R.R. Survey, A-551, (G.C. Smith Survey), recorded Vol. 29, Page 9 of the Deed 12 9A Records of Brazoria County, Texas. (17635 SH 35). Assistant City Manager Richard Burdine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None. Rudolph Rusnak, owner of Indmar Supply, again addressed Council and the Commission regarding the addressing problem. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. ADJOURNMENT The public hearing adjourned at 6:40 p.m. SPECIFIC USE PERMIT APPLICATION NO. 53 CALL TO ORDER P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. PURPOSE OF HEARING - SPECIFIC USE PERMIT APPLICATION NO. 53 Request of Pro -Line Water Screen Services, Inc., agent for Gatech Enterprises, Inc. owner, for a Specific Use Permit on the following described property, to -wit: 2.00 acres out of Lot 178, Zychlinski Subdivision, Section 28, H.T. & B. R. R. Survey, A-551, (G.C. Smith Survey), recorded in Vol. 593, Page 407 of the Deed Records of Brazoria County, Texas. (17605 SH 35). Assistant City Manager Richard Burdiine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. A COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. ADJOURNMENT The public hearing adjourned at 6:45 p.m. APPLICATION NO. 112 CALL TO ORDER P & Z Vice Chairman Pat Lopez read the purpose of the proposed hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 112 Request of Josephine Leggio, 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 18, Section 3, Garden Acres, approximately .6 acres out of Tract 36, H.T. & B. R.R. Survey, Section 7, A-219, recorded in volume 10, page 77 of the plat records of Brazoria County, Texas. Assistant City Manager Richard Burdine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Vincent J. Leggio, 2613 Sleepy Hollow, informed Council and the Commission that they planned to put his business on the property. He further informed Council and the Commission that his business would face another business that is across the street. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Jean Rader 2626 O' Day Rd., addressed Council and the Commission for her parents that own Lot 17, which is north of the subject property. She informed Council and the Commission that the dimensions do not meet the lot requirements, according to the Land Use and Urban Development Ordinance for the business that Mr. Leggio proposes to put on the lot, and that there is a 30' pipeline easement on the property that can not be built on. (Ms. Rader provided Council and the Commission with a copy of a lawsuit associated with the property). She further stated that it would destroy the continuity of the Garden Acres Subdivision. 191A Michael Codder, 2549 Lazy Bend addressed Council and the Commission expressing his concerns about changing the zone on this piece of property. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. ADJOURNMENT The public hearing adjourned at 7:01 p.m. APPLICATION NO. 113 CALL TO ORDER P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 113 Request of Josephine M. Leggio, 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: Lots A and B, Section 3, Garden Acres, 2.617 acres out of Tract 36, H.T. & B. R.R. Survey, Section 7, A-219, recorded in volume 10, page 77 of the plat records of Brazoria County, Texas. (5800 Broadway) Assistant City Manager Richard Burdine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Vincent J. Leggio, 2613 Sleepy Hollow, addressed Council and the Commission, requesting that the zone change be granted. Josephine Leggio, 4517 Merrie, Bellaire, informed Council and the Commission that she thought the property was zoned commercial when she bought it and that she was unaware of any lawsuits on the pipeline situation. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Jean Rader, 2626 O'Day Rd., spoke against the proposed zone change specifically because of the Seminol Pipeline that runs parallel to O'Day Rd. The cause number she referred to is 10503 Seminol Pipeline Co. vs. Mike F. Leggio, Sr., et al, in County Court of Law, # 1 Brazoria County, Texas, final judgement reported in Volume 17 and CMV11 18, Pages 616-625 . She stated the copy that she has provided is not a certified copy. Michael Codder, 2549 Lazy Bend, addressed Council and the Commission regarding the Commercial classification; stating that he thought Pearland was a Master Planned Community. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. ADJOURNMENT The public hearing adjourned at 7:14 p.m. APPLICATION NO. 198 CALL TO ORDER P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 198 Request of Bert Jones, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-2) to General Business (GB) on the following described property, to - wit: South '/2 of Lot 45, approximately 5 acres, Allison -Richey Subdivision of the H.T. & B. R. R. Survey, Section 6, A-544. Assistant City Manager Richard Burdine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Bert Jones, 2538 O'Day Rd., addressed Council and the Commission requesting a zone change informing Council and the Commission that the Knights of Columbus was next to his property and zoned General Business and he wants the same right. He said the property is for sale and this zone would allow for a childcare facility, driving range or feed store. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Lee Thomas, 14330 Hatfield Rd., informed Council and the Commission that this property would be 30'-40' from their bedroom. He has had to call the Police on a number of occasions because of the parties that go on at the Knights of Columbus. He further stated that it decreases the value of his property. Robert Nodinger, 2275 Hatfield, stated that there is a tremendous amount of noise and traffic that is generated from the Knights of Columbus. The entire neighborhood is residential and he feels it will decrease the value of the residential property in the area. He also believes that the 200' notification of property owners is not enough. Felan Sylvia, 2315 Hatfield, also address the noise and traffic problems and also the problem she is having with people using her driveway as a turn around. Randy Rohden, 14301 Hatfield, also address the noise, traffic, pollution and dirt problems. He also feels that the residential property values will decrease. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. ADJOURNMENT The public hearing adjourned at 7:34 p.m. Minus approved as submitted and/or corrected this the /Z � day of A.D., 1997. Tom Reid Mayor ATTEST: �I 39A