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1996-06-10 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 10, 1996, AT 7:00 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/Councilmember Jerry Richardson Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Larry Wilkins Councilmember Kevin Cole P & Z Chairman Pat Lopez Vice Chairman Emil Beltz Commissioner Randy Patro Commissioner Jeffery O'Brien Commissioner Marshall Eggers Commissioner Peggy Mayfield -Royer Commissioner Rob Larsen City Manager Paul Grohman City Attorney Amy McCullough City Secretary Yolanda Benitez Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. PURPOSE OF THE HEARING: Alley Abandonment REQUEST FOR THE VACATING, CERTAIN RIGHTS-OF-WAY AND DESCRIBED PROPERTY, TO -WIT: CLOSING, AND ABANDONING OF ALLEYS ON THE FOLLOWING NORTH OF FM 518 AND EAST OF STATE HIGHWAY 35 NEAR THE INTERSECTION OF STATE HIGHWAY 35 AND FM 518. STAFF REVIEW: Assistant City Manager Richard Burdine reviewed a map of the area, and described the property involved in the proposed request. He explained that there are four property owners and pointed out that Allen Shelby, one of the owners, has been working with the others in order to secure this property to redevelop it for a free-standing Eckerd's. PERSONS WISHING TO SPEAK IN SUPPORT: 1. Bruce Shelby -1800 Behring, Suite 495, Houston, Texas. Mr. Shelby came before Council to request approval of this request and noted they propose to build a new Eckerd's store. PERSONS WISHING TO SPEAK AGAINST: None QUESTION AND ANSWER PERIOD None ADJOURNMENT The hearing for the Alley Abandonment adjourned at 7:10 P. M. PURPOSE OF THE HEARING: Application No. 65 REQUEST OF SWANELLE SPRADLEY, AGENT FOR TED K. SPRADLEY, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITYFROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT, INDUSTRIAL COMPATIBLE (SD -1) TO HEAVY INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: 14.0513 ACRES OF LAND, BEING ALL OF LOTS 9 & 12 AND PART OF LOT 7 OF PARTITION OF EAST'/2 OF THE NORTHWEST '/a OF SECTION 15, H.T. & B. R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOL. 441, PG. 265 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (6906 BROADWAY). LOT 8, CONTAINING 2.50 ACRES, OUT OF THE T.V. MAHANAY 80 -ACRE TRACT, BEING THE EAST'/2 OF THE NORTHWEST '/a OF SECTION 15, H.T.& B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED IN VOL. 441, PG. 265 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (6906 BROADWAY). STAFF REVIEW: Review of the property involved in the proposed request was presented by Assistant City Manager Richard Burdine. P & Z Commissioner Peggy Mayfield -Royer provided additional information concerning the properties surrounding the area. Mr. Burdine further stated that vehicles are currently brought in, dismantled, and parts from these vehicles are sold. PERSONS WISHING TO SPEAK IN SUPPORT: Richard Spradley - 7126 Broadway. Mr. Spradley came before Council to request approval of his application. PERSONS WISHING TO SPEAK AGAINST: Allen Patschke - 6834 W. Broadway. Mr. Patschke read a prepared statement to the Council and presented them with a copy of the statement. He noted that his residence adjoins the property in question. Mr. Patschke stated he did not want this request to be granted because of potential dangers to the surrounding residents. 2. Bert Withers - 2825 Piper Road. Mr. Withers noted that he is a newly -annexed resident of the City of Pearland. He stated that he has been Mr. Spradley's neighbor for about 3 years and pointed out that he felt the approval of this request would bring down the property values of the residences. Mr. Withers presented Council with pictures depicting the deteriorating condition of the fence along Mr. Spradley's property. He suggested that the property in question be used to build new homes instead of changing it to heavy industrial. Mr. Withers also expressed concern with possible leakage of car fluids, etc., being leaked into the residents' well systems. 3. Amy Wagner - 2716 West Oaks Blvd. Ms. Wagner stated there are a number of children living in the area surrounding the property in question and expressed her concern for the children who might get into the area and face possible injury. 4. Mary Martinez - 6913 Broadway. Ms. Martinez came before Council as a business -owner. She stated that she was not in opposition to new or expanded business; however, she preferred development in the area of business and not heavy industrial. 5. Allen Eddy - 2428 Piper Road. Mr. Eddy noted that he is closing on his house at the end of the month and expressed concern for his two children in light of the possibility of having a heavy industrial site directly across the street from his proposed residence. He stated he was very much in opposition of this request. 6. Gail Koutrouvelis - 2714 Maple Lane. Ms. Koutrouvelis also noted her concern for the children living in the West Oaks development since it is basically a "stone's throw" away from the property in question. 7. John Lowen - 2929 Piper Road. Mr. Lowen stated that the situation was bad enough with the junkyard already in place; therefore he saw no reason to make it worse by expanding it to an industrial area. He pointed out his concerns which included: well pollution and kids playing in the sandpit and getting injured. QUESTION AND ANSWER PERIOD P & Z Commissioner Peggy Mayfield -Royer requested clarification concerning the fact that if the application is denied, would the salvage yard at the location exist only as long as the owners are there? She also asked if the owners could expand in any manner if the request is denied. Clarification was provided noting that the owners could remain as is, but they could not expand if the application is denied. It was further noted that if the owners vacate the property, then the property reverts to Suburban Development classification. P & Z Chairman Pat Lopez inquired about the current use for Lots 7 & 8. Assistant City Manager Burdine noted that Lot 7 is part of the expansion area. Mr. Spradley replied that Lot 8 is currently being used as a "lay down" yard for material. He further noted that Lots 9 & 12 are covered with cars. Mayor Reid announced that the Planning & Zoning Commission would be retiring to the second floor conference room to further discuss Application No. 65, and the public was invited to attend that meeting. ADJOURNMENT The joint public hearing adjourned at 7:35 P. M. Minutes approved as submitted and/or A. D., 1996. ATTEST: Y a da C. Benitez, Ci Secretary corrected this akf Tom Reid, Mayor day of M