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1997-04-28 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE 25 PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 28, 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 Interim City Secretary Tom Reid Larry Wilkins Helen Beckman Jerry Richardson Richard Tetens (arrived 6:18 p.m.) Pat Lopez Mary Starr Emil Beltz Randy Patro Wendy Standoff Others in attendance: City Attorney Amy McCullough; Assistant City Manager Richard Burdine; City Engineer John Hargrove; Project Coordinator Alan Mueller. CALL TO ORDER PURPOSE OF THE HEARING APPLICATION NO. 122 P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. Request of E. Mauris Hardcastle, agent for Bob G. York, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Light Industrial District (M-1) on the following described property to -wit: Lot 3 of the east '/2 of the NW '/4 of Sec. 15, HTBRR Co., A-241, Brazoria County, Texas, recorded in Volume 441, Page 265 of the Deed Records. (5518 Broadway). Assistant City Manager Richard Burdine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mauris Hardcastle, 3406 Windsor, addressed the Council and the Planning and Zoning Commission as the representative for Bob York, owner. Mr. Hardcastle advised that the property was currently being used for the repair of diesel engines and heavy equipment repair. The M-1 zone being requested would bring the property into compliance with the business that is already operating at this location. ,Ill 26 PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Marie Rogers, 6726 W. Broadway, address the Council and the Planning and Zoning Commission. She stated that her home is directly behind the location of this business and that they are awakened at 6:00 a.m. because of the noise from this business. She also stated that her water well is within 100' of this property and there is oil polluting the soil. Marvin Rogers, 6726 W. Broadway, informed Council and the Planning and Zoning Commission that he agreed with the statement his wife had made, and that consideration should be given to the home owners in the area. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Wilkins wanted to know how many homes were in this area and if it was a subdivision. Assistant City Manager Richard Burdine informed that this is not a subdivision, and the homes are on large lots. ADJOURNMENT The public hearing adjourned at 6:22 p.m. CALL TO ORDER PURPOSE OF THE HEARING APPLICATION NO. 117 P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. Request of E. Mauris Hardcastle, agent for Frances Powell, 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: The east 1/2 of Lot 64, HTBRR Co. Survey, Section 9, A-234, Brazoria County, Texas, recorded in Volume 113, Page 241 of the Deed Records, Assistant City Manager Richard Burdine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mauris Hardcastle, 3406 Windsor, addressed the Council and the Planning and Zoning Commission as the representative for Frances Powell, owner. Mr. Hardcastle advised that approximately 5 acres of the property is in the city limits, with about 500' 27 of frontage and a Commercial zone affords greater flexibility of uses and increases the number of potential buyers should Ms. Powell decide to sell, bringing a greater return. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. ADJOURNMENT The public hearing adjourned at 6:33 p.m. CALL TO ORDER PURPOSE OF THE HEARING APPLICATION NO. 118 P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. Request of E. Mauris Hardcastle, agent for Frances Powell, 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 1 and 2 of Skyway Manor Subdivision, an addition in Brazoria County, Texas, as recorded in Volume 7, Page 67 of the plat records. Assistant City Manager Richard Burdine presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mauris Hardcastle, 3406 Windsor, addressed the Council and the Planning and Zoning Commission as the representative for Robert L. Petty, owner. Mr. Hardcastle advised that any other zone would restrict the use of the property and reduce the number of potential buyers. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. 128 1 COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. ADJOURNMENT The public hearing adjourned at 6:39 p.m. Mayor Reid asked if there would be any opposition to the public hearings for application numbers 119, 120, and 121, being heard at the same times as they are owned by the same individual and are all requesting a commercial zone. No one opposed. CALL TO ORDER PURPOSE OF THE HEARING APPLICATION NO. 119, 120, 121 P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. Request of Arthur Partain, 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: Application No. 119 A 1.3068 acre tract, more or less, out of Lot 5 of the partition of the East 1/2 of the Northwest 1/4 of Section 15, HTBRR Co. Survey, A-241, Brazoria County, Texas, recorded in Volume 441, Page 265 and re-recorded in Vol. 593, P. 56 of the Deed Records, (6826 Broadway). Application No. 120 A portion of the East 1/2 of the NW 1/4 of Sec. 15, HTBRR Co. Survey, A-241, Brazoria County, Texas; also being a portion of Lot 4 of the Plat recorded in V. 441., P. 265, of the Deed Records; also being referenced by a judgement of partition in V. 591, P. 56, (6816 Broadway). Application No. 121 A portion of the East 1/2 of the NW 1/4 of Sec. 15, HTBRR Co. Survey, A-241, Brazoria County, Texas; also being a portion of Lot 4 recorded in V. 441, P. 265 of the Deed Records; also being referenced by judgement of partition in V. 591, P. 56, (6806 B roadway) . Assistant City Manager Richard Burdine presented the location of the proposed zone 1 2 9 changes. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Arthur Partain, 6826 W. Broadway, addressed the Council and the Planning and Zoning Commission, informing them that he had purchased this property in 1962, and began his business as a wrecker service, storage lot, and maintenance and tire repair shop in 1972. The Commercial zone will increase the value of his property. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Marie Rogers 6726 Broadway, addressed the Council and the Planning and Zoning Commission, informing them that Mr. Partain had his business when they began building their home, and near completion of their home Mr. Partain made part of his property a "funk yard". She advised that the EPA had been out to his property, he had buried trash on the property, and used wrecked school buses as a privacy fence. Marvin Rogers 6726 Broadway, stated that he concurred with the statements made by his wife. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. ADJOURNMENT The public hearing adjourned at 6:54 p.m. Minu e a proved as submitted and/or corrected A.D., 1997. ATTEST: this the day of Tom Reid Mayor