HomeMy WebLinkAbout1991-06-25 P&Z JPH AGENDAAGENDA
JOINT PUBLIC HEARING
PURPOSE OF THE HEARING:
DATE: JUNE 25, 1991
APPLICATION NO. 22 - REQUEST OF A. HARREL BLACKSHEAR, AGENT FOR
FIRST NATIONAL BANK OF PEARLAND, OWNER, FOR
AN AMENDMENT TO THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-
3, SINGLE FAMILY DWELLING DISTRICT TO M-F,
MULTI -FAMILY DWELLING DISTRICT, ON THE
FOLLOWING DESCRIBED PROPERTY, TO -WIT:
6.01379 ACRES, OUT OF A 172.0566 ACRE TRACT
OUT OF TRACT 1, THOMAS J. GREEN SURVEY,
ABSTRACT 198 OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS. (ALEXANDER LANE)
I. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST.
II. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST.
III. QUESTION AND ANSWER PERIOD.
IV. ADJOURN
CITY OF PEARLAND
LAND USE CHANGE
APPLICATION
ZONING CHANGE REQUESTED
( ) Change in Regulations in
Section
(XX) Change in Zone Class
From: R-3
To:
M- F
PROPERTY IDENTIFICATION
Street or Road Address:
Lot , Block
Alexander Lane
BOARD OF ADJUSTMENT & APPEAL
Variance Appeal
Appeal from Interpretation
Special Exception Use
Addition
SUBMITTAL INFORMATION
1. Must be professionally drawn
2. Minimum scale of 100' to inch
3. North Arrow
4. Site Map attached
LEGAL DESCRIPTION
Describe from Deed Records, attach
Platted Lane:
XX
Xx
XX
XX
5. Tract Dimension-Approx. 320'x 827'
6. Location, size, relationship
of all existing structures to
Boundary lines
copy of Deed,
xx
and use metes and bounds description:
Unplatted Land: (Must have metes & bounds description)
See Attached
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION:
Apartments/ Multi -family
RECORD OWNER: First National Bank of Pearland
OWNER'S MAILING ADDRESS & PHONE NO.: P.O. Box 1950 Pearland, Texas 77588
Ph# 485-2423
NAME & ADDRESS OF MORTGAGEE, if any: None
AGENT'S NAME: C- L'^
A. Harrel Blackshear
AGENT'S MAILING ADDRES.:
PETITION
SIGNATURE
PHONE NO.: 485-2423
P.O. Box 1950 Pearland, Texas 77588
As Owner/Agent, I hereby petition the City for approval of the above
described request as provided by the laws of the State of Texas and
Ordinances of the City of Pearland.
First National Bank of PearlandSIGNATURE
Owner AGENT
FEE: $ 250.00
.DATE PAID: May 28, 1991
DATE FILED:
APPLICATION NO. AV_
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the Niday Funeral Home on May 2 and, in conclusion, stated he will be attending
the B.C.C.A. meeting this Wednesday evening at Suxfside Beach.
Councilmember Smith reported attending the Clear Creek Watershed Steering
Committee meeting here at City Hall last Wednesday, with representatives of the 17
entities involved in the project in attendance. Most of these entities have
already passed the interlocal agreement, like the agreement we have on the agenda
for final reading this evening. State funding on a portion of the cost of the
project is dependent on this agreement being signed. The funding will amount to
$800,000 with Harris County Flood Control matching it dollar for dollar.
Councilmember Smith stated he felt this was the first project on Clear Creek where
there is total participation.
Councilmember Smith reported that in attending the Brazoria County Ten Year Study
Committee meeting, he discovered that Galveston and Ft. Bend Counties had more
bonded indebtedness than Brazoria County and it seems that Brazoria County is in
good financial shape.
Councilmember Smith reported that at the Drainage District meeting this morning
further discussions were held on the Mary's Creek concrete lining project, west of
Hwy. 35 and the storm sewer project work on Old Alvin Road. In addition,
Councilmember Smith stated, the Drainage District signed their interlocal
agreement on the Clear Creek Watershed project.
Councilmember Weber reported that he too participated at the fund raiser sponsored
by the Jaycees, and will also meet the City Staff Tuesday morning. In addition he
is planning to attend Brazoria County Cities Association meeting this Wednesday.
DEPARTMENTAL REPORTS
Acting City Manager Jim DeShazer reported that, with the aid of Commissioner
Plaster's crew, surfacing of Barry Rose Road was completed today.
Mr. DeShazer reported that a study was made of the traffic problems at McLean and
Walnut and the engineer had three basic recommendations; one of which we will be
exploring and that is, the installation of a traffic signal light at that
intersection which will be synchronized with the one on F.M. 518. In the long
run, City Manager DeShazer informed, more will have to be done with this
intersection.
City Manager DeShazer reported that Ronny McWhirter and Dick Qualtrough met with
the Highway Department contractor this morning concerning the two bridge projects,
one on Dixie Farm Road and the other at Longherridge. The State will begin
shortly on reconstruction of the Dixie Farm Road bridge.
Mr. DeShazer introduced to Council Ms. Daisy Palmer, representative with T.M.L.
Insurance. Ms. Palmer related that she has had discussions with Mary Hickling,
Human Resource Coordinator, concerning the City's double coverage on the E.M.S.,
Fire Department and E.M.S. technicians, and the .reed for City Staff to review this
in time for the next budget year. She discussed the options the City had in this
matter and answered several questions from Council.
CITIZENS
1. Frances Jamison, F. M. 518. Mrs. Jamison, who had signed to appear
before Council, was not present at the meeting.
2. Charles Kinsey, 5208 W. Broadway. Mr. Kinsey, Attorney, appeared before
Council on behalf of his client Mr. Cole. He spoke of the problems Mr. Cole has
been experiencing recently with City Staff concerning his business, Cole's Flea
Market on Telephone Road. Mr. Kinsey advised that his client feels he is being
harassed by City personnel and the Police Department and he would like the Council
to consider this matter and perhaps resolve the problem.
3. Robert J. Foley, 909 Evergreen Dr., Friendswood. Mr. Foley appeared
before Council to request that they grant him a variance to the Subdivision
Ordinance, to permit him to build on a lot in Sleepy Hollow that is less than what
was originally platted.
4. Richard Jones, 1801 Sleepy Hollow. Mr. Jones appeared before Council as
a spokesman for the Sleepy Hollow area homeowners to express their objections to
the request made by Mr. Foley for a variance from Council to build on a lot
smaller than originally platted. Thirteen property owners signed a petition to
that effect and feel that it would be detrimental to their property values and a
violation of the deed restrictions, Mr. Jones stated.
5. Bill Fink, 1808 Washington Irving. Mr. Fir&k
directly across the street from the property in question
the same side of the street have 120' frontage. The lots
street are 110' minimum, and he strongly objects to Mr.
on a lot with 80' frontage.
stated that his house is
and he and the others on
on the other side of the
Foley's request to build
DOCKETED PUBLIC HEARING
PURPOSE OF THE HEARING:
REQUEST BY TEXAS -NEW MEXICO POWER COMPANY FOR AN INCREASE IN ELECTRICAL RATES
SPEAKING IN FAVOR OF THE PROPOSED REQUEST
1. Kenneth Bayam, District Manager of Texas -New Mexico Power Company. Mr.
Bayam Mated that the requested increase is for funding to build a power plant to
serve this area. The minimum monthly rate for the months of May - October would
be increased from $7.25 to $7.50, with a charge of 8.360 per KWH for all KWH; and
the mininun monthly rate for the months of November - April would be $7.50, with a
charge of 7.61e per KWH for all KWH.
SPEAKING AGAINST THE PROPOSED REQUEST
No one present spoke against the proposed request.
QUESTION AND ANSWER PERIOD
In answer to the questions by Council, Mr. Bayam informed that currently only four
residence customers would be affected by this increase, and that approximately 30%
of the power is purchased from Houston Lighting & Power, with their rates being
less than HL&P.
HEARING ADJOURN-D
COMPLETE TAPE OF THIS HEARING IS ON FILE IN THE OFFICE OF THE CITY SECRETARY
CHANGE IN THE ORDER OF BUSINESS
NEW BUSINESS
RESOLUTION NO. R90-13, RESOLUTION SUSPENDING THE OPERATION OF PROPOSED RATE
SCHEDULES FILED BY TEXAS -NEW MEXICO POWER COMPANY FOR A PERIOD OF NINETY DAYS
Resolution No. R90-13 was read in caption by Councilmember Smith.
It was moved by Councilmember Smith, seconded by Councilmember Tetens, that
Resolution No. R90-13 be passed and approved on the first and only reading.
In general Council discussion, Councilmenrber Wolff stated that the proposed rate
increase is still less than that charged by HE_ P and that he feels they should not
have to wait 90 days to help fund their power plant.
City Attorney Robert Talton informed that if Council takes no action, the rates
will go into effect.
Said Resolution No. R90-13 reads in caption as follows:
RESOLUTION NO. R90-13
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING
THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY TEXAS -
NEW MEXICO POWER COMPANY FOR A PERIOD OF NINETY (90)
DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD
OTHERWISE GO INTO EFFECT.
Voting "Aye" - Councilnerrbers Weber, Tetens and Miller.
Voting "No" - Councilmembers Smith and Wolff.
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Councilmember Smith reported that he has and hopefbleully tine looking ng into
totthe
mobile data terminals in the Police Departmentpe y by
we will have some accurate information on what we will be able to accomplish with
this equipment and the cost involved.
In response to the Mayor's question, Councilmember Smith informed that he and City
Engineer Dick Qualtrough met with the Chief Design Engineer with the Highway
Department about the installation of left turn lanes at some intersections along
F. M. 518, from Westminister, west to Hwy. 35. The State Engineer stated that
they would be looking into this and give us something in writing in the near
future.
Couflcilmembei Weber reported attending a Tri-County luncheon on May 23, at which
Larry Milner, President of the Texas Chamber of Commerce, gave a very informative
speech. In addition, he, too, received several citizen complaint calls of which
most have been handled.
Councilmember Weber questioned City Manager DeShazer about the drainage work in
Twin Creek Woods. Mr. DeShazer responded that it was determined that we will be
going deeper with the culverts or pipe than was originally planned; consequently,
we will be reshooting elevations in that area.
DEPARTMENTAL REPORTS
Acting City Manager Jim DeShazer reported meeting with Mrs. Jackson, with the
Carden -Jackson School, and her husband regarding the expansion of the school into
the other building. Code Enforcement Officer Ernie Buenrostro and Fire Chief
Larry Steed have looked over this building to see what needs to be done beforehand
for use as a school.
City Manager DeShazer informed that some modifications to the mechanics shop have
been budgeted in our current budget and, and in going out for bids on this
project, he would like to include an alternate bid for a canopy over the gas pumps
at the Service Center. Council concurred that these items should be bid.
CITIZENS
1. Leslie Schroeder, 3220 Three Sister Circle. A spokesperson for the
concerned citizens spoke in place of Mrs. Schroeder. Their main concern was the
fact that they have to make repeated calls to the owner and City personnel each
year before the tall grass is mowed on the vacant land around their homes in the
Alexander Landing Subdivision. They feel the tall grass is a very serious health
problem. In addition, the other problem they had in their area was that the
employees working for Offenberger Homes had no sanitation facilities. In each
case they felt the problem was resolved when they contacted Councilmember Wolff,
and they think that these matters should be taken care of in the general line of
business.
2. Janelle Powell, 1805 Washington Irving. Mrs. Powell spoke in favor of
a variance being granted for Robert Foley to build on a lot smaller than was
originally platted. Mrs. Powell had submitted a petition containing 27 signatures
of residents in the area who were in favor of the variance being granted. She
indicated that she was speaking not as Mr. Foley's daughter, but as the property
owner next to the lot in question.
3. Richard Jones, 1801 Sleepy Hollow. Mr. Jones spoke against Robert
Foley's request for a variance. Mr. Jones informed that he had acquired other
information from City files that revealed a similar situation happened in that
area in the middle 1970's in which a builder wanted to build three dwellings on
two homesites. At that time a petition, containing over 100 signatures of area
residents who protested the reducing of building lots sizes from the original
filed plat, was presented to Council. Council then instructed Staff to include in
the Building Code the provision that no building permit shall be issued on any lot
smaller than what was originally platted except by permission of the City Council.
In conclusion Mr. Jones stated that he would like the neighborhood kept in tact
and does not want the property devalued.
4. Bill Fink, 1808 Washington Irving. Mr. Fink spoke against Mr. Foley's
request for a variance, stating that 26 names does not constitute the majority of
people in that area. He mentioned that the Sleepy Hollow Subdivision was platted
with the intention of large size lots and that he feels that a smaller lot would
not look good in the neighborhood.
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Councilncmber Smith reported meeting with representatives of a company who have
offered to come in, at no cost to the City, to investigate areas in which we
might be losing water. At that time they will present a plan for us to recover
the loss. Councilmember Smith mentioned that the company will be getting in
contact with the City Manager on this matter.
Councilmember Smith reported attending the Drainage District meeting this morning
and informed that the Clear Creek Watershed Committee will be meeting in our City
Hall this Wednesday evening.
Councilmember Smith recognized, in the audience, employees from the police, fire
and public works departments and commended them for their outstanding performances
last Friday.
Councilmember Weber stated that he, too, had concerns about the appointment of a
Citizens Advisory Committee.
Councilmember Weber reported that he was at the fire scene until early Saturday
morning and that he was very impressed by the performances of all the volunteer
workers and individuals assisting. He hoped to have a complete list of all those
who helped so that all will receive thank -you letters.
Councilmember Wolff reported that it has been brought to his attention that the
detour bridge, to be built by the State Highway Department for use while they are
constructing the bridge on Longherridge Drive across Mary's Creek, appears to be
in the path of an old oak tree. Councilmember Wolff suggested that City Staff
contact members of the Highway Department to see if this temporary bridge could be
rerouted so that the tree would not have to be removed.
Councilmember Wolff informed that he had contacted Representative Jack Harris
for his assistance in securing a cannon to be placed in Independence Park; but
that he was informed recently by Representative Harris that no cannons are
available.
DEPARTMENTAL REPORTS
Acting City Manager Jim DeShazer remarked that he too was very proud of all the
efforts put forth by those involved in battling the fire on Friday. He informed
that the investigation is still going on and, hopefully, he would have a written
report for Council and the news media by Wednesday.
CITIZENS
1. Leroy Savoie, 2612 Taylor Lane. Mr. Savoie spoke to Council expressing
his concerns about some of the deficiencies that he feels are currently in the
Sign Ordinance. He listed several problem areas that he felt needed to be
addressed and offered his services to work on a committee to examine them.
2. Nick Boyko, 3704 Dorothy. Mr. Boyko advised Council that he was
speaking in his capacity as Chairman of the Zoning Board of Adjustment and
that he, too, had concerns about the Sign Ordinance. Since the Sign Ordinance went
into effect back in 1988, the Board has met to consider 15 variances for signs,
and in each of these cases, the variance request was for increasing the signage
allowed to them because of the wording of the Ordinance. The Board would like to
request that Council look at this particular part of the Sign Ordinance to see if
the wording needs to be corrected.
3. Donna Watkins, 1808 Sleepy Hollow Dr. Mrs. Watkins spoke to Council
expressing her concerns about hearing that the City might put in a park at 1807
Washington Irving, and listed her zeasons for not wanting a park that would be
behind her house.
4. Robert J. Foley, 909 Evergreen Dr., Friendswood. Mr. Foley again
appeared before Council with a request for a variance to build a new home on Lot
15, Block 10 of Sleepy Hollow Estates, (1807 Washington Irving). Mr. Foley
submitted to Council some information concerning this matter, which included a
drawing that showed the approximate distance between houses on Washington Irving
and a sketch showing the proposed house to be built.
CHANGE IN THE ORDER OF BUSYNESS
NEW BUSINESS
COUNCIL DECISION ON REQUEST BY ROBERT F LEY, FOLE.'Y HOMES, FOR A VARIANCE TO BUILD
ON LOT SMALLER THAN ORIGINALLY PLATTED (1807 WASHINGTON IRVING)
It was moved by Councilmember Smith, seconded by Councilmerrber Wolff, that Council
grant this variance to Mr. Foley with the following stipulations: 1) that he will
build Mr. Tommy Rives' house plan No. 2129 which he presented to Council as the
house he intends to build there; 2) that he follow the plot plan that he presented
to Council; and 3) that he secures, prior to getting his building permit, a title
commitment to this lot.
Council questioned Mr. Foley on whether the change in the lot line next to Lot 10
had been recorded. Mr. Foley responded that it had. In addition Council had
questions concerning whether or not the change in the lot lines constituted a
replat and should approval of this need to be considered by the Planning and
Zoning Commission.
Voting for the Motion: Councilnrembers Wolff and Smith.
Voting Against the Motion: Councilmembers Miller, Tetens and Weber.
Motion failed 3 to 2.
DOCKETED PUBLIC HEARINGS - NONE
UNFINISHED BUSINESS
ORDINANCE N0. 582-1, AN ORDINANCE AMENDING ORDINANCE NO. 582, ESTABLISHING SPEED
LIMITS DURING CONSTRUCTION ON A PORTION OF DIXIE FARM ROAD WITHIN THE CORPORATE
LIMITS OF PEARI.AND AND PROVIDING A PENALTY FOR VIOLATION THEREOF
On the request by Acting City Manager DeShazer, Mayor Coppinger advised that this
item would be passed to a future agenda.
ORDINANCE N0. 513-2, ORDINANCE AMENDING CHAPTER 10 OF THE CITY CODE OF ORDINANCES,
CREATING NEW SECTIONS DEALING WITH FIREWORKS, AND PROVIDING FOR A PENALTY FCR
VIOLATION THORFAF
Fire Chief Larry Steed informed that he and the City Attorney reviewed the
Ordinance after the first reading and found that there needed to be an addition to
this ordinance that addressed persons engaged in the retail distribution of Class
C fireworks.
It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the
following amendment be incorporated into Ordinance No. 513-2: on Page 3, add to
Sec. 10-76, paragraph (e) Persons engaged in the retail distribution of Class C
fireworks (who were permitted by the State of Texas to sell fireworks as a retail
distribution source only), outside the City of Pearland, but within the five
thousand foot (5000') limits of this ordinance as of January 1, 1990, shall be
exempt from prosecution for the sale of, possession, storage and transportation of
Class C fireworks, provided that the said establishment meets all requirements and
regulations as set out by the Texas State Board of Insurance Fireworks Rules, and
that the location of said establishments have been approved by the City of
Pearland Fire Marshal.
Motion passed 5 to 0.
Ordinance No. 513-2 was read in caption, along with the entire addition of
paragraph (e) of Section 10-76, by Councilmember Wolff. (Second Reading)
It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that
Ordinance No. 513-2 as amended be passed and approved on the second and final
reading. Said Ordinance No. 513-2 reads in caption as follows:
ORDINANCE NO. 513-2
AN ORDINANCE AMENDING CHAPTER 10, FIRE PREVENTION AND
PROTECTION, NAMING ARTICLE III, FIREWORKS, AND
CHEATING SECTIONS 10-73 THROUGH 10-80 OF THE CODE OF
ORDINANCES OF THE CITY, PROVIDING A PENALTY FOR
VIOLATION; PROVIDING A SEVERABILITY CLAUSE, A
REPEALING CLAUSE AND A SAVINGS CLAUSE; AND PROVIDING
FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
I1
LOTS
ALLISON
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CO. SURVEY,
OUNTY, TEXAS.
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OWNER a DEVELOPER;* Ray
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Robin Spur - 154.00'
887.55' Total
ucted aerial easement
upwards beginning
above the ground
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THERE ARE NO PIPELINES OR
PIPEaINE EASEMENTS ACROSS
THIS
thereof RATCT, or within 100
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ENGINEER: J. D. GARNER P. E.
MUNICIPAL ENGINEERING COMPANY INC.
3301 BEDERAL ROAD
PASADENA , TEXAS 77504
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PER F'F'IA PANEL NO. 485458-0030E
DATED 8/19/86
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Easements to be clear of:
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7. 6R Ar737 1.57NUARIES SURVEYED ON
THE GROUND IN SEPTEMBER, 1987.
_ STEVE D. ADAMS R. P.S v3666
P.O. BOX 114 , ALVIN , TEXAS 77512
September a October 1987
5...'6.-rs.'tfed iVere/,r69 - .Sl /9C% 14
Revised 12 - 15 - 87_
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