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2002-01-14 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 HELD ON JANUARY 14, 2002, IN THE COUNCIL LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER CITY OF PEARLAND, TEXAS, CHAMBERS, CITY HALL, 3519 The Joint Public Hearing was called to order with the following present: Mayor Mayor Pro -Tem Council Member Council Member Council Member Council Member P&Z Chairman P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner Tom Reid Larry Marcott Woody Owens Klaus Seeger Richard Tetens Larry Wilkins H. Charles Viltorin Todd Iocco Kevin McDonald Robert Scherrer Russ Selemon Don W. Sederdahl Also in Attendance: Executive Director of Community Services Tobin Maples, City Attorney Darrin Coker, Deputy City Manager Alan Mueller, City Manager Bill Eisen, and P&Z Secretary Jennifer Gonzales. P&Z Vice -Chairman Donald Glenn was absent. ZONING APPLICATION NO.1015 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:43 p.m. II. PURPOSE OF HEARING Request 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: Zone Change Application No. 1015 Legal Description: 3 acres, out of a 12 acre tract, being out of the South 99 acres of the H. T. & B. R.R. Co. survey, Section 7, A-219, and recorded in Volume 868, page 239, Deed Records of Brazoria Co., TX, (6301 Broadway Street) Owner: James Marsh 7919 Montglen Houston, TX 77061 Agent: Jimmy Vaughan P&Z Chairman Charles Viktorin read the purpose of the hearing into record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Ms. Phipps stated that 18 Public Comment Forms were sent out. She stated that the property is consistent with the surrounding properties therefore staff is recommending approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST James Marsh, 7919 Montglen, Houston, TX 77061 stated that is the property owner and is in support of the request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Thomas Rosenski, 6220 Gardenia St, Pearland, TX stated that he resides to the north of the property and he is against the request and he asked for staff to define what all could happen in "Commercial" zoning. Arthur Kneeland, 2626 Thelma, Pearland, TX stated that the map that was presented actually cuts her subdivision in half. He stated that there has always been a problem with trash in her back yard from previous businesses and with trucks coming in and out of the business. Janice Kneeland, 2626 Thelma, Pearland, TX, stated that she has lived in her house for 32 % years and she supports her husband. She stated that they have tried to be nice neighbors, however noise has always been a problem. She stated that she is also concerned about trash in their back yard, and she feel that is would be a problem to have "Commercial" zoning in the middle of residential houses. V. COUNCIL/PLANNING COMMISSION/STAFF DIS Mr. Tobin Maples, Manager of Administrative Support Development Coordinator Mona Phipps stated that the applicant is aware of the new ordinances they would have to comply with. She then explained that there are several different uses that are allowable in Commercial zoning. She stated that they are proposing to do a landscaping business. Council Member Tetens stated that he could see the front part as business, however putting "Commercial" in the back where it backs up to the residential area could create "spot -zoning" Council Member Wilkins agreed with Council Member Tetens and stated that they need to be very careful and he encouraged the Planning and Zoning Commission to look carefully into this request and he referred to the "spot -zoning" issue. Council Member Marcott stated that since they have zoned the company directly to the west, Lescon and Leslie Plumbing, all the requirements have not been met and he referred to the masonry fence that was supposed to be put up along the sides backing up to the residential area. He then stated that he would like to see that this is followed up. Deputy City Manager Alan Mueller explained that Lescon and Leslie is a pre-existing business and they don't lose their grandfather clause until the company comes in for a permit. VI. ADJOURNMENT The Joint Public Hearing adjourned at 6:58 p.m. ZONING APPLICATION NO. 1016 I. CALL TO ORDER The Joint Public Hearing was called to order at 6:59 p.m. H. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family Dwelling District (MF) to Neighborhood Services District (NS) on the following described property, to wit: Zone Change Application No. 1016 Legal Description: Lots 25-31, Block 1, Pearland Townsite, Brazoria Co., TX (2246 N. Washington Ave) Owner: Adult Reading Center, Inc. 2246 N. Washington Avenue Pearland, TX 77581-4040 Agent: Dale E. Pillow P&Z Chairman Charles Viktorin read the purpose of the hearing into record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Ms. Phipps explained that there is a possibility of future expansion and they will need to comply with the zoning ordinance before getting permits. She stated that 71 Public Comment Forms were sent out. She stated that the property is consistent with the Comprehensive Plan and the applicant is aware that upon expansion they will have to meet the new ordinance requirements. HI. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Dale E. Pillow, 2302 Meadow Green Dr, Pearland, TX, stated that this is a center where they teach adults to speak and write 2-4 times a week at no charge. She explained that they will be celebrating their 15'" anniversary this year and they are hoping to expand this center in the next year. Helen Beckman, 2705 Churchhill, Pearland, TX, stated that the Adult Reading Center has been a service for 15 years and they hope to continue. Mrs. Beckman stated that she believes the attitude of City Council is not to increase "Multi -Family" zoning, therefore now is the chance to decrease the "Multi -Family" zoning. She stated that she is in support of the request. Marshall Herrin, 2234 N. Washington Ave, Pearland, TX stated that he lives to the north of the property and his grandma lived in his house before he did and she was there since the house was built. He stated that the Adult Reading Center is a very quiet business and he knows it is for a good cause, so he is in support of the request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Council Member Tetens stated that they have maintained the building very well and he is in support of the zone change. Mayor Tom Reid stated that he has been a member of the Board of Directors for the Adult Reading Center for some time now and he also supports the request. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:08 p.m. ZONING APPLICATION NOS. 1011 & 1018 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:09 p.m. II. PURPOSE OF HEARING Request 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 property, to wit: 1. Zone Change Application No. 1011 Legal Description: .7016 acres, being Lot 4 of an unrecorded subdivision of 9.83 acres, being Lot 20, Allison Richey Gulf Coast Homes Subdivision, Section 9, H. T. & B. R.R. Co. survey, A-234, Brazoria Co., TX (1949 Max Road) Owner: Clinton G. Whatley 1949 Max Road Pearland, TX 77581 Agent: Paulette Burns 2. Zone Change Application No. 1018 Legal Description: 2.071 acres of land, out of Lot 53, Allison Richey Gulf Coast Home Co. Subdivision, Section 9, H. T. & B. R.R. Co. survey, A-234, Brazoria Co., TX, as recorded in Volume 2, page 24, plat records of Brazoria Co., TX (7010 W. Cliffstone Road) Owner: Claudette Smikle 7010 W. Cliffstone Road Pearland, TX 77581 P&Z Chairman Charles Viktorin read the purpose of the hearing into record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. Ms. Phipps stated that the owners of the first application are proposing to build a house and the owners of the second application could have applied for "RE", but they would like to subdivide the property at a later date. She stated that staff is recommending approval. IH. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Clint Whatley, 1949 Max Rd, Pearland, TX stated that he is in favor of the request. Hugh Smikle, 7010 W. Cliffstone Road, Pearland, TX stated that he is looking to remodel and expand his home and he is in favor of the request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Tobin Maples, Manager of Administrative Support Development Coordinator Mona Phipps stated that the Comprehensive Plan does call for low-density single-family dwelling. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:15 p.m. ZONING APPLICATION NO. 1017 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:16 p.m. H. PURPOSE OF HEARING Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (RE) on the following described property, to wit: Zone Change Application No. 1017 Legal Description: 2.225 acres, in the H. T. & B. R.R. Co. survey, A-506, Brazoria Co., TX (Hillhouse Road) Owner: Jorge and Lisa Aguirre 4831 Lochman Lane Pearland, TX 77584 P&Z Chairman Charles Viktorin read the purpose of the hearing into record. Development Coordinator Mona Phipps gave a PowerPoint presentation giving the location of the proposed zone changes by showing slides of the property and he gave a brief description of the surrounding properties. She stated that the Comprehensive Plan does call for Low -Density Residential and the property and the request does meet all the "RE" requirements therefore staff is recommending approval. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST John Motley, 7132 Thrush, Houston, TX 77087 stated that he is one of the property owners that was notified and he is 63 years old and was 25 when he bought the property. He stated that Mr. Aguirre needs to be commended for building this house while America is at war and people are being laid off. He briefly explained that he would like to see some kind of development happen in this area and soon. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST NONE V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mn Tobin Maples, Manager of Administrative Support NONE VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:20 p.m. Minutes respectfully submi d by: e er Goma , Planning & Zo ' Secretary Minutes approve submitted and/or corrected this 28 day of January , 2002, AD Tom Reid, Mayor