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1994-07-11 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF JOINT PUBLIC HEARINGS OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 11, 1994, AT 7:00 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The hearings were called to order with the following present: Mayor C. V. Coppinger Mayor Pro Tem/Councilmember David Smith Councilmember D. A. Miller Councilmember Richard Tetens Councilmember Randy Weber Councilmember Jerry Richardson Planning & Zoning Chairman Emil Beltz Planning & Zoning Vice Chairman Pat Lopez Commissioner Rob Larsen Commissioner Kevin Cole Commissioner Marshall Eggers City Manager Paul Grohman Interim City Attorney Susan Bickley City Secretary Pat Jones Others in attendance: Division Directors Richard Burdine and Glen Erwin, City Engineer John Hargrove, and Police Chief Mike Hogg. Absent from the meeting: Commissioners Barbara Lenamon and Charles Philipp. Mayor Coppinger asked Chairman Emil Beltz to introduce his co - commissioners on the Planning and Zoning Commission. PURPOSE OF THE HEARING - SPECIFIC USE NO. 33 REQUEST OF JOSEPH S. ABBOUD, "AGENT FOR JUSTIN E. BRANTLEY ET UX, OWNERS, FOR A SPECIFIC USE PERMIT IN A MULTI -FAMILY DISTRICT (MF) AND A COMMERCIAL DISTRICT (C) TO `ALLOW AN UNMANNED CELLULAR TELEPHONE RADIO EQUIPMENT SHELTER AND 140 FOOT TOWER ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: Being a tract of land containing 4306 square feet (0.0988 acres) situated in the H.T. & B.R.R. Co. Survey, A-232 in Brazoria County, Texas, and also being out of a tract of land comprised of Lots 31 through 40 of Block 2 of the Townsite of Pearland, a plat recorded in Volume 29, Page 41 of the Deed Records of Brazoria County, Texas, as conveyed unto Justin E. Brantley, et ux by deed recorded under County Clerk's File No. 921025851 of the Official Records of Brazoria County, Texas, and also being out of a 50 foot x 482 foot tract of land as conveyed unto Justin E. Brantley, et ux by deeds recorded under County Clerk's File No.'s 93015589 and 93006689 of the Official Records of Brazoria County, Texas (2208 N. Texas Avenue). NUMBER OF SIGNATURES ON ATTENDANCE ROSTER: 2 SPEAKING FOR THE PROPOSED REQUEST: 1. Justin Brantley, 2218 N. San Antonio. Mr. Brantley explained he is the owner of the property and also lives in the area. Mr. Brantley stated he would not do anything to negatively Mia impact the neighborhood and stated that Houston Cellular will take all safety and security aspects into consideration. 2. Joseph Abboud, Houston Cellular. Mr. Abboud explained he is a civil engineer for Houston Cellular. Another site is needed within the city limits, Mr. Abboud stated, which would benefit the city in instances of inclement weather. Mr. Abboud discussed the operation of the site, stating it would be kept clean, would not be a traffic hazard, and that all safety aspects would be considered. 3. Candy Brantley, 2218 N. San Antonio. Mrs. Brantley stated the site would not interfere with property owners as safety precautions will be followed. SPEAKING AGAINST THE PROPOSED REQUEST: - 1. Nell Fuller, 2213 N. Washington. Mrs. Fuller stated the site will be directly behind her residence and she doesn't wish to have another eyesore such as the tall McDonald's sign. It may encourage teenagers to hang out there, Mrs. Fuller informed, and closing her remarks, stated that she was not against progress but felt this would not be an asset to the city. 2. Trudy Reaves, 2201 N. Washington. Mrs. Reaves objected to the site because children may be attracted to it, possible communication problems, safety concerns, and the possibility of lower property values. 3. Ann Hall, 2242 N. Washington. Mrs. Hall explained her home had been broken into twice and felt this proposed site might attract individuals such as those who had burglarized her home. 4. Peggy Mayfield, 2119 N. Austin. Mrs. Mayfield stated she would appreciate the benefits of the tower but felt it should be located at a site appropriately zoned, noting there is commercial property on the other side of Orange Street. QUESTION AND ANSWER PERIOD: There ensued a lengthy discussion between all parties regarding the height of the tower, maintenance of the site, noise factor, FAA approval, structure of the building, wind and safety factors, and the distance between this site and other sites. Other items considered were fencing, communication interferences, frequency under which Houston Cellular operates, access to the site, power source to the site, length of contract, alternate sites, lighting of the site, circumference of the tower, and possible effect on property values. It was announced this item would be given consideration at a meeting of the Planning and Zoning Commission to be held immediately following the joint public hearings in the second floor conference room. ADJOURNMENT The hearing adjourned at 7:35 P. M. PURPOSE OF THE HEARING - APPLICATION NO. 45 REQUEST OF R. I. ELLIS, JR., OWNER/AGENT, FOR RAY CHANG AND RUSSELL KNAPP, OWNERS, FOR AN AMENDMENT TO THE LAND USE ORDINANCE FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO MULTI -FAMILY DWELLING DISTRICT (M -F) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: A 2.2602 acre tract of land out of tract 42 of the W. Zychlinski Subdivision of Section 1, H.T. & B.R.R. Co. Survey, Abstract 233; and Lot 5 of Walcott's Pearland Subdivision, D.M.H. Hunter Survey, Abstract 76, both in Brazoria County, Texas, owned by Ray Chang (Old Alvin Road and Halik Road). NUMBER OF SIGNATURES ON ATTENDANCE ROSTER: 2 SPEAKING FOR THE PROPOSED REQUEST: The following, among others, spoke in favor of the request: 1. Thomas Rives. Mr. Rives explained he represented a design firm hired by Mr. Ellis to plan a 300 unit complex on 20 acres. Mr. Rives discussed the plot plan and stated that they were working with Drainage District No. 4 regarding the detention facility. Closing his remarks, Mr. Rives informed the property will front on Old Alvin Road and will be an asset to the community. 2. Robert Ellis, 1210 Silverleaf, Friendswood. Mr. Ellis stated he is one of the owners of this proposed complex. Initially, the project will have 152 units with an additional 148 units being constructed some time in the future. Mr. Ellis stated the facility would remain in the family and would be a quality project. 3. John Alexander, P. O. Box 127. Mr. Alexander spoke in favor of the proposed request, stating there was a need for more living quarters and a property owner should be able to use his property. SPEAKING AGAINST THE PROPOSED REQUEST: 1. J. Koza, 1603 N. Main. Mr. Koza stated he had no problem with the proposed site as long as it did not affect the zoning of his adjacent property. QUESTION AND ANSWER PERIOD: None Again, it was noted the Commission would consider this item at its meeting to be held immediately after the public hearings. ADJOURNMENT The hearing adjourned at 7.42 P. M. Minutes approved as submitted and/or corrected this ,6'day of �— -), A. D., 1994. C. V. Co ger, ayo ATTEST: �) Pat Jones, y Secretary, TRMC