2001-09-18 CITY COUNCIL SPECIAL MEETING MINUTES145
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON SEPTEMBER 18, 2001, AT 7:00 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
The meeting was called to order with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Larry Marcott
Councilmember
Richard Tetens
Councilmember
Woody Owens
Councilmember
Klaus Seeger
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Larry Wilkins.
Others in attendance: Executive Director of Community Services Tobin Maples.
PURPOSE OF THE MEETING:
COUNCIL ACTION - MOTION TO REMOVE FROM TABLE ORDINANCE NO. 509-530.
City Council.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to remove
from the table Ordinance No. 509-530.
Voting "Aye" Councilmembers Tetens, Marcott, Owens, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST AND ONLY READING OF ORDINANCE NO. 509-530 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO.
509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 173.496 ACRES, H. T. & B. R.R. CO.
SURVEY, SECTION 81, A-300, BEING ALL OF THE SW 1/4 OF SAID H. T. & B. R.R.
COMPANY SURVEY, SECTION 81, TOGETHER WITH ALL OF LOT 5, ALLISON
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RICHEY GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED IN VOLUME
2, PAGE 98, MAP RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 984)
(DALLAS ROAD (CR 59)) FROM CLASSIFICATION SUBURBAN DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF JAMES JOHNSON OF LINGO
PROPERTIES, INC., AGENT FOR LARRY BRIGGS, OWNER, PROVIDING FOR AN
AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE
NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY. Mr. Tobin Maples, Executive Director of Community Services.
CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve
Ordinance No. 509-530 (Application No. 984) on its first and only reading.
City Manager, Bill Eisen, stated in this particular case there was a delay due to this
ordinance being tabled. The Developer intended on purchasing the property and has
options that will expire soon, therefore, the Developer asked the City to consider this item
on its first and only reading, for the sake of time.
Mayor Reid stated he knows one of the concerns is the traffic. A Traffic Impact Study will
be required as part of the development process.
Executive Directorof Community Services, Tobin Maples, stated the communication report
from the Planning and Zoning Commission, which is part of Council's agenda packet, was
the original one that was processed after the Joint Public Hearing. This is why it states the
requested zoning is R-3. The applicant made the subsequent change to their request to
R-2 zoning and as a result, the Planning and Zoning Commission changed their
recommendation from denial of R-3 to approval of R-2 zoning.
Mayor Pro -Tem Marcott stated he would like to see the designation of RE and R-1 as low
density and R-2 as medium density.
Executive Director of Community Services, Tobin Maples, stated the Planning and Zoning
Commission plans to discuss the definition of low density at their next meeting.
Mayor Pro -Tem Marcott stated he still has reservations because of the traffic situation.
Even though there is going to be an overpass built, it is still two years away. He further
stated he is concerned about people that are going to get injured on the road, and still has
some real reservations.
Councilmember Owens asked if Staff is recommending approval on this zone change.
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Executive Director of Community Services, Tobin Maples, stated one of the bulleted items
on the communication report indicates that the City will support a change to R-1 or R-2.
Both of those, under current definition, comply with the Comprehensive Plan.
Mayor Pro -Tem Marcott stated he is also concerned about developers coming in and
wanting to develop on the smallest lots. He would like to see the larger lots come forth,
and R-2 is going in the right direction.
James Johnson, LinGo Properties, stated this development is well above the R-2 zoning
size on their average lot size. There are several lots that are even larger than an R-2 lot.
Councilmember Seeger asked, since the development is so close to being an R-1, would
they would consider going to an R-1.
James Johnson, LinGo Properties, stated they would not want to go to R-1 because there
are cases where the widths of the lots do not allow them to be divided by 80 feet across.
Bud Koza, LinGo Properties, stated there is another point of defense of the difference
between 70-80 foot width if you have the square footage of the lot with their average. The
entire preliminary layout was approximately 8,080 feet, which is far in excess of the 70 foot
requirement. Most people do not care about the side yard but want a nice backyard. All
of these lots are 115's and 120's with some of them being 125's in depth. This is way
above the standard. This is all on the backyard and not the sideyard where the weeds
grow and the air conditioner is located and where there is no real use to the resident.
Mayor Pro -Tem Marcott stated the point of the setback being discussed would have filled
it up anyway.
Bud Koza, LinGo Properties, stated what people really want is a nice backyard for
swimming pools, barbequing, patios and all those kinds of things that come with a lot this
size.
Mayor Reid stated this is butting up against City Limits on the south side and since we do
not know what is going in on the Manvel side, will be a really nice development.
Councilmember Seeger asked what is the average lot size.
James Johnson, LinGo Properties, stated 8,085 square feet is the average, with the
smallest being 7,700 square feet.
After the Mayor Reid called for a vote on the motion.
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Mayor Reid stated what they have done is have R-1 density with R-2 lot widths.
Voting "Aye" Councilmembers Owens and Seeger.
Voting "No" Councilmembers Tetens and Marcott.
In order to break the tie vote, Mayor Reid cast his vote for the approval of Ordinance No.
509-530.
Voting "Aye" Mayor Reid.
Motion Passed 3 to 2, with Councilmember Wilkins absent.
ADJOURNMENT
Meeting was adjourned at 10:10 p.m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this the8"' day of October , 2001.
�OYrt —
Tom Reid
Mayor
ATTEST:
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