1987-07-06 CITY COUNCIL AND PLANNING AND ZONING JOINT PUBLIC HEARING MEETING MINUTES130
MMR'ESS OF TWO JOINT PUBLIC EFAMW OF THE PLAIM AM ZONING COWISSION AM THE
CITY COUNCIL OF THE CITY OF PF.ARLAND, TERAS, HELD IN THE CITY HALL, 3519 LIBERTY
DRIVE, AT 7:30 P. M. ON JULY 6, 1987
The Hearings were called to order with the following present:
Mayor
Councilmember/Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Councilmember
Chairman, Planning & Zoning
Tom Reid
Richard Tetens
Stella Roberts
James Bost
Dennis Frauenberger
Charles Mack
Leroy Savoie
Vice -Chairman, Planning & Zoning Al Lentz
Member, Planning & Zoning Mary Starr
Member, Planning & Zoning
Member, Planning & Zoning
Member, Planning & Zoning
City Manager
City Attorney
City Code Enforcement Officer
City Secretary
Jack Tyler
Bill Teasdale
Clyde Starns (entered Chambers
at 7:36 P. M.
Ronald J. Wicker
Luke L. Daniel
Ernesto Buenrostro
Kay Krouse
Some preparatory remarks were made by Mayor Tom Reid and Planning and Zoning Chairman
Leroy Savoie.
NUMBER OF PERSONS SIGNING REGISTER: 23
r 01 )i-4rfti`i A to)6�I,I .4 1►.
REQUEST BY TERRY L. MOSES, OWNER, FOR A SPECIFIC USE PERMIT FOR A DAY NURSERY IN AN
R-4 DISTRICT, ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT:
Lot Twenty-six (26), Block Six (6), Corrigan Addition,
Section Five (5), a subdivision of 28.396 acres out of
the Northeast Quarter of H T & B RR Co Survey, Section
12, Abstract 240, Brazoria County, Texas (5007
Rockland)
1. Ron Brownstein, 5209 W. Broadway, #200, Pearland. Mr. Brownstein stated he was _•
a local attorney, representing the Moses. He informed that Mrs. Moses has
operated a baby sitter service for over five years and is licensed by the State
to care for 12 children. She has kept a maximum of seven children in her home.
He added that Mrs. Moses operates her business in a very discrete manner; there
are no signs in her yard and she does not advertise for business.
2. Suzanne Baker, 5001 Rockland. Mrs. Baker stated she lives three houses down
from the Moses. She is a teacher in the Pearland School District and Mrs.
Moses keeps her two children. She does not have to worry about her children
when they are in Mrs. Moses' care.
3. Terry Moses, 5007 Rockland.
131`
4. Frances (Mrs. James) McNulty, 5009 Rockland. Mrs. McNulty stated she lives
next door to the Moses and they are very good neighbors and she believes Mrs.
Moses provides a good service.
5. Carol Bryce, 2310 Kay Avenue.
6. Helen Gabriel, 2406 Jacquelyn. Mrs. Gabriel said she believes baby sitting
does not disrupt the neighborhood and further, that baby sitting is a necessity
in this day and age.
7. Wanda and Kenneth Stewart, 2715 Livingston. Both the Stewarts stated that Mrs.
Moses provides a good baby sitting service.
8. Brenda Walters, 5008 Rockland. Mrs. Walters stated she lives across the street
from Mrs. Moses and is in favor of the proposed request.
•'04'41 42611 zi DO 1.41 1 , Y flips •'•*'k.'1D)In ZN DD R
1. Jerry Allen, 5012 Apple Springs. Mr. Allen stated he lives directly behind the
Moses and questioned the effect this zoning request would have on his property.
Councilmember Charles Mack read into the records a letter to the City Council from
William G. Weisheit, 5014 Apple Springs. In the letter, Mr. Weisheit had questions
about deed restrictions in the subdivision; and if this specific use request was
granted, would it remain in effect for any new owners of the property. Mr. Weisheit
also stated he believed the granting of this request would have a negative impact on
his property.
Council, Staff and Commissioners had general questions about Mrs. Moses' baby sitting
business and other businesses similar to hers. It was,brpught out that Leroy Savoie,
Chairman of the Planning and Zoning Commission has appointed a committee to study
these occupations and recommend guidelines in regulating these type baby sitting
activities.
HFARING CLO® AT 8:24 P. M.
L0.9" I' P DJ Y / Ia., I 9 1 /1 31 L Y I DRC / Y we I V 'J
pgej 5S 7M
REQUEST BY PENNY HUGHES, AGENT FOR WILLIAM E.AND MARY E. WOLFF, OWNERS, FOR AN
AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY, FROM
CLASSIFICATION MULTI -FAMILY (MF) TO HEAVY INDUSTRIAL (M-2) ON THE FOLLOWING
DESCRIBED PROPERTY, TO -WIT:
Tract A, 4.745 Acres of Land; Tract B, 4.745 Acres of Land;
Tract D, 4.7447 Acres of Land; and Tract E, 4.743 Acres of
Land all being a part of Tract 162 of the Subdivision of
the H T & B RR Co Survey N. 28, Abstract 551, Brazoria
County, Texas. This Property is located 1000 Feet East of
the 4000 Block of South Main Street (Highway 35).
1. Mrs. Penny Hughes, 4230 Foxmeadow, Pasadena, Texas. Mrs. Hughes stated that
her company owned the sand pit just east of the property and they would like to
-� extend the business to the West. She presented photos of the various
businesses surrounding the proposed property to be rezoned.
2. Billy Wolff, 2703 Shakespeare. Mr. Wolff stated he believed a Multi -Family
zone does not enhance that area.
•'04'4-1 , •' Dr.1 ,I's1 1 ;165 YO15;
1. Jim Johnson, 2004 W. Mary's Creek. Mr. Johnson expressed concern that it is
just a matter of a short distance from this property to the back side of
Shadycrest Subdivision.
2. Frank Ravet, 4011 Longherridge. Mr. Ravet stated he was opposed to the request
132
because the property is about 600' from a R-1 Subdivision and in addition, the
drag lines used at a sand pit are very noisy.
3. Al Raska, 2107 Sprite Lane. Mr. Raska stated he was opposed to the request
because he believed it would devalue his property.
4. Walter Idel, 2003 W. Mary's Creek.
5. Truby Keller, 2103 W. Mary's Creek.
6. Dave Douglas, 2002 W. Mary's Creek.
7. Mike Lucchese, 4004 Longherridge Dr.
8. Billy and Freda Finley, 4005 Longherridge Dr.
9. Robert Williams, 4003 Longherridge Dr.
10. Fred Ervin.
11. Dan Keller, 2103 W. Mary's Creek. Mr. Keller stated he believed the expansion
of the sand pit would have a negative economic impact on the community.
12. Coleen Lucchese, 4004 Longherridge.
QUESTION AMID ANSWER PERF
The Council, Staff and Commissioners questioned Mrs. Hughes about the sand pit
operation. It was brought out that the current sand pit was non -conforming. City
Attorney Luke Daniel advised that this zone change might constitute spot zoning.
FEARING ADJOURNED AT 9:05 P. M.
COMPLETE TAPE OF THIS HEARING IS ON FILE IN THE OFFICE OF THE CITY SE7CRLTARY
Minutes approved as submitted and/or corrected this day of A. D.,
1987.
Mayor
ATTEST:
City Sec tart'