Loading...
1997-06-23 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 JUNE 23, 1997, 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 Mayor Pro -Tem Helen Beckman Councilmember Larry Wilkins Councilmember Richard Tetens Councilmember Kevin Cole Councilmember William Berger P & Z Vice Chairman Pat Lopez Commissioner Emil Beltz Commissioner Mary Starr Commissioner Randy Patro Commissioner Jack Mathis Commissioner Don Baker Commissioner Tommy Scott Others in attendance: Assistant City Manager Richard Burdine; Project Coordinator Alan Mueller; Police Chief Mike Hogg; City Engineer John Hargrove; Parks and Recreation Director Ed Hersh; Planning and Community Development Director Dennis Smith; City Attorney Amy McCullough; and City Secretary Young Lorfing. CALL TO ORDER The purpose of the public hearing was read into the record by the Planning & Zoning Commission. PURPOSE OF HEARING Request of 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 properties, to -wit: Located in Garden Acres Subdivision, being the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, Brazoria County, Texas, and being more particularly described as follows: Zoning Application No. 139 Legal Description: The north V2 of Lot A (175' x 300'), also being Lot A-1, Section 1, Garden Acres Subdivision. Address: 2411 Garden Road Owner: Billy T or Joyce J. Hill Zoning Application No. 140 Legal Description: The south '/2 of Lot A, Section 1, Garden Acres Subdivision. Address: 6507 Laurie Street Owner: Dinh Kim Pham Zoning Application No. 141 Legal Description: 1.24 acres out of Tract C, Section 1, Garden Acres Subdivision. Address: 6329 Laurie Street Owner: Richard L & Betty Jo Gilbert Zoning Application No. 142 Legal Description: 1.17 acres out of Tract C, also being Lot C-1, Section 1, Garden Acres Subdivision. Address: 6325 Laurie Street Owner: Doyle R. & Jean A. Rains Zoning Application No. 143 Legal Description: 1.00 acre out of Lot D, also being Lot D-1, Section 1, Garden Acres Subdivision. Address: 6221 Laurie Street Owner: William & Julie Boughter Zoning Application No. 144 Legal Description: Lot N, Section 1, Garden Acres Subdivision. Address: 6330 Laurie Street Owner: Ottis B. Lynch Zoning Application No. 145 Legal Description: Lot M, Section 1, Garden Acres Subdivision. Address: 6326 Laurie Street Owner: John F. & Rosie R. Barta Zoning Application No. 146 Legal Description: Lot L, Section 1, Garden Acres Subdivision. Address: 6310 Laurie Owner: Herman Edward Rhodes Zoning Application No. 147 Legal Description: Lot K, Section 1, Garden Acres Subdivision. Address: 6222 Laurie Street Owner: Frank Simms Zoning Application No. 148 Legal Description: Lot 1, Block 5, Section 2-A, Garden Acres Subdivision. Address: 6319 Gardenia Street Owner: Gerald D. McManus Zoning Application No. 149 Legal Description: Lots 3 and 4, Block 5, Section 2-A, Garden Acres Subdivision. Address: 6221 Gardenia Street Owner: David L. & Carolyn Osteen Zoning Application No. 150 Legal Description: Lot 8, Block 5, Section 2-A, Garden Acres Subdivision. Address: 6113 Gardenia Street Owner: W.E. Wittze Zoning Application No. 151 Legal Description: Lot 5, Block 2, Section 2, Garden Acres Subdivision. Address: 2609 Garden Road Owner: Dave Mitchell Parrish & Dorrilla Dinnecce Parrish Zoning Application No. 152 Legal Description: Lot 3, Block 3, Section 2, Garden Acres Subdivision. Address: 2544 Lazybend Street Owner: Rupert Hugh Brown Zoning Application No. 153 Legal Description: Lot 6, Block 3, Section 2, Garden Acres Subdivision. Address: 2620 Lazybend Street Owner: Rick D. Bertram Zoning Application No. 154 Legal Description: Lot 2, Block 4, Section 2, Garden Acres Subdivision. Address: 2537 Lazybend Street Owner: Kenneth R. & Billie W. Williams Zoning Application No. 155 Legal Description: Lot 3, Block 4, Section 2, Garden Acres Subdivision. Address: 2620 Lazybend Street Owner: Michael E. Cotter Zoning Application No. 156 Legal Description: Lot 5, Block 4, Section 2, Garden Acres Subdivision. Address: 2613 Lazybend Street Owner: George H. McCaa Zoning Application No. 157 Legal Description: A 2.5922 acre tract out of a 12.00 acre tract, Garden Acres Subdivision. Address: 6220 Gardenia Street Owner: Thomas E. & Melinda W. Rosinski Zoning Application No. 158 Legal Description: Lot D, Section 3, Garden Acres Subdivision. Address: 6204 Gardenia Street Owner: Bill McNutt Zoning Application No. 159 Legal Description: Lot 4, 5, & 6, Section 3, Garden Acres Subdivision. Address: 2550 Thelma Street Owner: Robert L. & Bettye L. Osteen Zoning Application No. 160 Legal Description: Lots 1 & 2, Section 3, Garden Acres Subdivision. Address: 2626 Thelma Street Owner: Arthur & Janice Kneeland Zoning Application No. 161 Legal Description: Lot 9, Section 3, Garden Acres Subdivision. Address: 2613 Thelma Street Owner: J.T. & Anna Taylor Zoning Application No. 162 Legal Description: Lots 7 & 8, Section 3, Garden Acres Subdivision. Address: 2629 Thelma Street Owner: Mrs. Lee Latino Zoning Application No. 195 Legal Description: 1.205 acres out of Tract E, Section 1, Garden Acres Subdivision. Address: 6201 Laurie Street Owner: Cary A. Johnston Zoning Application No. 204 Legal Description: 1.41 acres out of Lot D, Section 1, Garden Acres Subdivision. Address: 6309 Laurie Street Owner: Robert L. & Jeanne Mizell Zoning Application No. 205 Legal Description: Lots 10 & 15, Section 3, Garden Acres Subdivision. Address: 2603 Thelma Street Owner: William & Rhonda Cross Zoning Application No. 209 Legal Description: Lot 11, Section 3, Garden Acres Subdivision. Address: 2551 Thelma Street Owner: Harold E. Forster Zoning Application No. 210 Legal Description: Lots 16 & 17, Section 3, Garden Acres Subdivision. Address: 2626 O'Day ._ Owner: E.E. & Wilma Rader Project Coordinator, Alan Mueller, presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST The following individuals addressed Council and the Planning & Zoning Commission stating that they were in favor of this property being zoned Single Family Dwelling District (R-1); Betty Olsteen, 2550 Thelma; William Cross, 2603 Thelma; Richard Gilbert, 6329 Laurie; E.E. Rader, 2626 O'Day; Tony Yepes, 6305 Fern Court; H.W. Price, 2447 Gardens; Mosses Martinez, 6205 Gardens; Dave Parrish, 2609 Garden Road and Mayor Reid read into the record a letter from Mr. & Mrs. Rosinski; PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Council and the Planning & Zoning Commission discussed different issues regarding this request. ADJOURNMENT The joint public hearing adjourned at 7:08 p.m. APPLICATION NO. 215 CALL TO ORDER P & Z Commissioner Jack Mathis read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 215 Request of Charlie Vatterott, agent for Frank D. Barringer, Trustee, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from the Classification of Suburban Development (SD) to Multi Family Dwelling District (MF) on the following described property, to -wit: 32.72 Acres out of the west 1/2 of the northeast 1/4, Section 15, of the H.T. & B.R.R. Survey, A-241, as Recorded in Volume 297, Page 98, Brazoria County, Texas. Project Coordinator, Alan Mueller, presented the location of the proposed Specific Use Permit. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Charlie Vatterott and Matt Delect presented to Council and the Planning & Zoning Commission, their proposed use of this property to construct Apartment Buildings around the body of water on the property. Mike O'Day, owner of O'Day Hardware; Arlen O'Day, 14405 O'Day Road; and Susan O'Day Elliot, spoke in support of the said property being zoned Multi -Family (MF). PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST The following individuals addressed Council and the Planning & Zoning Commission stating their opposition to the property being zoned Multi -Family (MF). Russell Fellers, 6505 Sage Court; Tony Yepes, 6305 Fern Court; Arnold Hersch, 3809 English Oaks; Douglas Dentry, 2735 West Oaks Blvd; John Ertter, 2732 West Oaks Circle East; Fred Cole, 6407 Wood Haven; Dana Ertter 2732 West Oaks East; Paula Maxwel, 2712 West Oaks; Mike Ball, 2817 Red Oak Lane; Mike, 6403 Woodhaven; Jennifer, 6403 Woodhaven; Kimmy Wallace, 3011 English Oaks; Jackie Pennington, 2733 West Oak Circle;Daniel, 6405 Woodhaven; Rene West, 2510 Westmiister; and Micheal Cotter, 2549 Lazy Bend COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Pro -Tem Beckman and Councilmember Cole had concerns regarding the safety around the pond and the amenities for the residents. Mr. Vatterott, Agent, gave an overview of the proposed safety plan and amenities for the residents. ADJOURNMENT The joint public hearing adjourned at 8:03 p.m. APPLICATION NO. 197 CALL TO ORDER P & Z Commissioner Jack Mathis read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 197 Request of Bert & Ursula Jones, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business (GB) on the following described property, to -wit: Lots 13 & 14, Section 3, Garden Acres Subdivision of the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, Brazoria County, Texas. (2538 O'Day) Project Coordinator, Alan Mueller, presented the location of the proposed zone change. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Bert Jones, 2538 O'Day, owner, requested that his property be zoned General Business (GB) because he may want to have a feed store and wants to continue having ostriches. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST The following individuals addressed Council and the Planning & Zoning Commission stating their opposition to the property being zoned General Business (GB). William Cross, 2603 Thelma; E.E. Rader, 2626 O'Day Road; Betty Olsteen, 2550 Thelma; Harold Forester, 2551 Thelma; Mike Cotter, 2549 Lazy Bend; Councilmember Cole read into the record a letter from Mr. & Mrs. Rosinski. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Cole and Mr. Burdine discussed that this property is under a Grandfather clause, and if no action is taken on these items, things would remain as they are; allowing only the 10 ostriches that are currently on the property. ADJOURNMENT The joint public hearing adjourned at 8:19 p.m. SPECIFIC USE PERMIT NO. 51 CALL TO ORDER ,ZDS P & Z Commissioner Jack Mathis read the purpose of the public hearing into the record. PURPOSE OF HEARING - SPECIFIC USE PERMIT NO. 51 Request of Bert & Ursula Jones, owner, for a Specific Use Permit for a residential dwelling in a General Business District on the following described property, to -wit: Lot 13, Section 3, Garden Acres Subdivision of the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, Brazoria County, Texas. (2538 O'Day) Project Coordinator, Alan Mueller, presented the location of the proposed Specific Use Permit. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Bert Jones, Jr., 2538 O'Day, stated that they already live in the house on the property, and can care for the ostriches as they have been doing. Mr. Jones, Jr. requested that a Specific Use Permit be approved for a residential dwelling on said property. Bert Jones, Sr., 2538 O'Day requested that the property be given one address. -_ PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST The following individuals addressed Council and the Planning & Zoning Commission stating their opposition to a Specific Use Permit being issued for a residential dwelling. Bill Cross, 2603 Thelma; E. E. Rader, 2626 O'Day; and Arthur Kneeland, 2626 Thelma. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. ADJOURNMENT The joint public hearing adjourned at 8:27 p.m. SPECIFIC USE PERMIT NO. 52 CALL TO ORDER P & Z Commissioner Jack Mathis read the purpose of the public hearing into the record. PURPOSE OF HEARING - SPECIFIC USE PERMIT NO. 52 Request of Bert & Ursula Jones, owner, for a Specific Use Permit for a animal husbandry in a General Business District on the following described property, to -wit: Lot 14, Section 3, Garden Acres Subdivision of the H.C. Johnston 99 Acre Tract, also being the south 99 acres of Section 7 of the H.T. & B.R.R. Company Survey, A-219, Brazoria County, Texas. (2538 O'Day) Project Coordinator, Alan Mueller, presented the location of the proposed Specific Use Permit. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Bert Jones, Jr., 2538 O'Day, addressed Council giving them an overview of how the ostriches are taken care of. Mr. Jones Jr. stated that they are under a Grandfather clause which allows them to have 10 ostriches, however, Mr. Jones Jr. is making the request that a Specific Use Permit be issued. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST The following individuals addressed Council and the Planning & Zoning Commission stating their opposition of a Specific Use Permit for animal husbandry; stating they want the property to remain residential; Bill Cross, 2603 Thelma; Betty Olsteen, 2550 Thelma; Michael Cotter, 2549 Lazy Bend; and E.E. Rader 2626 O'Day. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Berger asked Mr. Jones how the waste is disposed of? Mr. Jones advised that the waste is bagged and they haul it to a waste disposal site. Mr. Burdine confirmed with City Attorney McCullough, that under the Grandfather clause, Mr. Jones could have ostriches not to exceed 10, which already exist. ADJOURNMENT The joint public hearing adjourned at 8:40 p.m. Minutes approved as submitted and/or corrected this the `� day of A.D., 1997. i 207 Tom Reid Mayor ATTEST: