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1998-09-14 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES54 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING .--. AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 14, 1998, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The Joint Public Hearing was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councihnember Chairman Vice -Chairman Commissioner Commissioner Commissioner Tom Reid Larry Wilkins Klaus Seeger William Berger Helen Beckman Richard Tetens Mary Starr Tommy Scott Jack Mathis Emil Beltz Nghiem Doan Others in attendance: Director of Planning & Community Development Dennis Smith; Planning & Zoning Secretaries Mona Ann Phipps and Nelda Patterson, City Attorney Darrin Coker. The Joint Public Hearing Meeting opened at 6:30 p.m. APPLICATION NO, 315 I. CALL TO ORDER The hearing to consider zone change application 315 from Suburban Development to Light Industrial District (M-1) was called to order at 6:36 PM. II. PURPOSE OF HEARING - APPLICATION NO. 315 Request of owners, Keith Sanders, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Light Industrial District (M-1) on the following described properties, to wit: Being 0.505 ac. out of a 10 ac. tract in the S '/2 of the NE '/4 of the SE '/a of the G. C. Smith survey, section 16, A-546, of the deed records of Brazoria Co., TX The purpose of the public hearing was read into the record by Chairman Mary Starr. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Iz no 7#4 - IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Commissioner Tommy Scott, inquired as to the existence of a facility. Director of Planning & Community Development, Dennis Smith confirmed the existence of buildings and further noted that the Planning and Zoning Commission would consider further questions as to the structure. Councilmember Larry Wilkins asked if zoning of surrounding area to said property was primarily R-1. Dennis Smith responded that most properties in the area were R-1 zone and several R-1 requests pending. Councilmember Richard Tetens asked where the closest residence was to said property. Dennis Smith identified the closest residence as the middle lot toward Sharondale. VI. ADJOURNMENT The meeting adjourned at 6:40 PM. APPLICATIONS NO. 310 and 313 I. CALL TO ORDER The meeting to consider zone change applications No. 310 and 313 from Suburban Development (SD) to Mobile Home District (MH) was called to order at 6:40 PM. II. PURPOSE OF HEARING - APPLICATIONS NO. 310 & 313 Request of Dian Norman (Application 310) and Ramon & Leticia Ortiz (Application 313), owners for an amendment to the Land Use and Urban Development Ordinance of Said City form Classification Suburban Development(SD) to Mobile Home District (MH) on the following described properties, to wit: 1. Zone Change Application No. 310 Lot 12, Somersetshire Estates, Vol. 6, pgs. 283-284, Sect. 85, HT & B RR Co. survey, A-304, plat records of Brazoria Co., TX (3403 King Arthur's Court) 7 56 2. Zone Change Application No. 313 Being 1.50 ac. of the W %s of a certain 3.00 ac. out of Lot 169, Zychlinski subdivision, sect. 27, HT & B RR Co. survey A-308, according to the plat records of Brazoria Co., TX (8002 Herbert Drive) The purpose of the public hearing was read into the record by Chairman Mary Starr. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change noting that both properties have existing mobile homes. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None for Zone Change Application 310 Leticia Ortiz, 8002 Herbert, spoke for the proposed zone change application 313 noting that a number of mobile homes exist within the surrounding area. Ms Ortiz added that they have lived at said property since 1992. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Carl Langey, 7910 Herbert, expressed concerns for the de -evaluation of his property as a result of said mobile home parks. He further noted that he has been unsuccessful in the sale of his property for the past 1 %2 years due to the aforedescribed sites -specifically 8002 Herbert. He complained of structures in the surrounding area and stated that he had contacted the city regarding the type of structures complying to code. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Commissioner Tommy Scott inquired as to the address on the Owner List Agenda being different than the location. Dennis Smith stated that said property is probably rental property. Councilmember Helen Beckman inquired as to the surrounding area of proposed zone change being primarily a mobile home area. Dennis Smith confirmed that the area is comprised largely of mobile home residence. VI. ADJOURNMENT The meeting adjourned at 6:50 PM. APPLICATION NO. 364 I. CALL TO ORDER The hearing to consider Zone Change Application 364 was called to order at 6:50 PM. PUR$OSE OF HEARING - APPLICATION NO. 364 Request of Amvest Properties, Inc., owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-1, R-2) and Commercial District (C) to Single Family Dwelling District (R-4) on the following described properties to wit. Being a tract of land containing 68.958 acres, more or less, located in the A.C.H. & B RR --- Company Survey, Section 2, Abstract 507, Brazoria County, Texas, being out of and a part of a called 104.401 acre tract to Charles F. Alexander, of record in Volume 86268. Page 586 of the Official Records of Brazoria County, Texas, and also being a part of lots 3 thru 8, and 13 of the L. W. Murdock Subdivision, of record in Volume 29, Page 174 of the Deed Records of Brazoria County, said 68.958 acres being more particularly described as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone. NAD 1983): BEGINNING at the southwest corner of the herein described tract in the south line of aforesaid 104.401 acre tract, from which the southwest corner of said 104.401 acre tract in the northeast right-of-way line of State Highway 35 (100 foot right-of-way) bears South 86 degrees 38 minutes 00 seconds West, a called distance of 285.41 feet, which corner is also the northwest corner of a tract to the Pearland Independent School District, of record in Volume 88552, Page 385 of the Official Records of Brazoria County, Texas. THENCE, North 32 degrees 12 minutes 42 seconds West, along the cast line of the herein described tract a distance of 329.57 feet to the south line of a called 3.933 acre tract to the Alvin Community College Foundation (1/4 interest) of record in Volume 1665, Page 179 of the Deed Records of Brazoria County, Texas, to Patricia Alexander Wood (1/4 interest), Elizabeth Alexander (1/4 interest), and Sue Alexander Morrison, Trustee (1/4 interest), all of record in Volume 684, Page 132, of the Deed Records of Brazoria County, Texas. THENCE North 86 degrees 34 minutes 09 seconds East along the south line of aforesaid 3.933 acre tract a distance of 112.71 feet to the southeast corner of said 3.933 acre tract. THENCE North 03 degrees 19 minutes 19 seconds West, along the east line of aforesaid 3.933 acre tract a distance of 347.58 feet to the northeast corner of said 3.933 acre tract; THENCE South 86 degrees 34 minutes 09 seconds West, along the north line of aforesaid 3.933 acre tract a distance of 304.30 feet to an angle point of the herein described tract; THENCE North 32 degrees 12 minutes 42 seconds West, a distance of 564.22 feet to the corner of the herein described tract; THENCE South 57 degrees 47 minutes 18 seconds West, a distance of 250.00 feet to the northeast right-of-way line of aforesaid State Highway 35; THENCE North 32 degrees 12 minutes 42 seconds West along the northeast right-of-way line of aforesaid State Highway 35 a distance of 100.00 feet to a corner of the herein described tract; THENCE North 57 degrees 47 minutes 18 seconds Past a distance of 250.00 f 58 feet to a corner of the herein described tract; THENCE, North 32 degrees 12 minutes 42 seconds West a distance of 544.27 feet to the northwest corner of the herein described tract in the south right-of-way line of John Lizer Road (70 foot right-of-2\way at this point); THENCE North 86 degrees 38 minutes 01 second East, along the south right-of-way line of aforesaid John Lizer Road a distance of 1,914.97 feet to a transitional right-of-way corner; THENCE South 03 degrees 21 minutes 59 seconds East, along aforesaid transitional right- of-way line of John Lizer Road a distance of 10.00 feet to the south right-of-way line of said John Lizer Road; THENCE, North 86 degrees 38 minutes 01 seconds East, along the south right-of-way line of aforesaid John Lizer Road a distance of 299.70 feet to a 5/8 inch iron rod found at the northeast corner of the herein described tract in the west right-of-way line of Pearland Parkway (140 foot right-of-way); THENCE, South 01 degree 47 minutes 04 seconds East, along the west right-of-way line of aforesaid Pearland Parkway a distance of 448.49 feet to a 5/8 inch iron rod found marking the beginning of a curve to the left, THENCE, along the are of aforesaid curve to the left and the west right-of-way line of '^ Pearland Parkway, through a central angle of 25 degrees 54 minutes 51 seconds, having a radius of 2,070.00 feet, and arc length of 936.24 feet and a long chord bearing South 14 degrees 44 minutes 30 seconds East, a distance of 928.28 feet to the end of said curve in the southeast line of aforesaid 104.401 acre tract and also being in the northwest line of the W.D.C. Hall Survey, Abstract 70; THENCE, South 42 degrees 02 minutes 15 seconds West, along the northwest line of aforesaid W.D.C. Hall Survey and the southeast line of aforesaid 104.401 acre tract a distance of 135.46 feet to the west corner of said Hall Survey; THENCE, South 42 degrees 27 minutes 34 seconds East, along the west line of aforesaid W.D.C. Hall Survey and an east line of aforesaid 104.401 acre tract a distance of 327.38 feet to the southeast corner of said 104.401 acre tract and also being the northeast corner of aforesaid Pearland Independence School District tract; THENCE, South 86 degrees 38 minutes 00 seconds West, along the south line of aforesaid 104.401 acre tract and the north line of aforesaid Pearland Independent School District tract a distance of 1,587.42 feet to the POINT OF BEGINNING and containing 68.958 acres more or less. The purpose of the public hearing was read into the record by Chairman Mary Starr. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. 59 III. PEONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Ken Caffey, Amvest Property, Maryfield, spoke for the proposed zone change. He noted that the said property is included in the MUD 17 and the development would be comparative to the Silverlake, Emerald Point, and Huntington Village development with homes in the $120 - $130 price range. Zoning in this area is conducive with proposed zoning change and community goals.. Clinton Wong, President Amvest Property, supported comments made by Ken Caffey. He further noted that 135 is clearly marked for Commercial and Industrial creating appropriate R-4 zoning with the High School being expanded. All utilities are on site and the property is out of the flood zone. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Tom Alexander, 3208 Nottingham, opposed the proposed zone change of previously zoned R-1 and R-2 to R-4. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. VI. ADJOURNMENT The meeting adjourned at 7:00 PM. APPLICATION NO.316 I. CALL TO ORDER The hearing for zone change application 316 was called to order at 7:01 PM. II. PURPOSE OF HEARING - APPLICATION NO. 316 Request of Rafael & George Salazar, owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single Family Dwelling District (R-3) on the following described properties, to wit: Lot 6, Blk. 1, Buena Vida subdivision, in the HT & B RR Co. survey, A-240, according to the map records of Brazoria Co., TX (6331 Cantu) The purpose of the hearing was read into the record by Chairman, Mary Starr. Director of Planning & Community Development Dennis Smith presented the locations of the proposed zone change. G r -- M. PERSONS WISHING TO SPEAK.FOR THE PROPOSED REQUEST Q' None IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT The meeting adjourned at 7:06 PM. APPLICATION NOS 335, 319, 325, 327, 337, 355, 356, 334, 338, & 350 I. CALL TO ORDER The hearing to consider zone change applications 335, 319, 325, 327, 337, 355, 356, 334, 338, and 350 was called to order at 7:06 P.M. H. PURPOSE OF HEARING - APPLICATION NO. 335, 319, 325, 327, 337, 355, 356, 334, 338, & 350 Request of owners for and amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single Family Dwelling District (R-1) on the following described properties, to -wit: 1. Application No. 335 One half of Lot 25, of the Allison Richey Gulf Coast Home Co. subdivision, sect. 9, HT & B RR Co. survey, A-23, as recorded in Vol. 754, pg. 577, Deed records of Brazoria Co., TX (Owner Marvin & Mary Ellen Ashton, 13520 O'Day Road) 2. Application No. 319 Lot 5, Blk. 1, Buena Vida subdivision, HT & B RR Co. survey, A-240, according to the plat recorded in Vol. 8, pg 68, & Replat in Vol. 9, pg. 6, plat records of Brazoria Co, TX (Owner Lamberto Benavides, Jr., 6323 Cantu) 3. Application No. 325 Lot 4 & W '/2 of lot 5, Blk. 5, Wagon Wheel subdivision, Tract 8A, according to the plat recorded in Vol. 8, pg 79, plat records of Brazoria Co., TX (Owner Ronnie Boegler, 6115 Beckey Lane) 7 6 1 :, 4. .,J Application No. 327 Being lot 17, & the N '/z of lot 16, Blk. 5, Hickory Creek Place subdivision, Tracts 17-21 & 30-34, HT & B RR Co. survey, sect. 7, A-219, Vol. 11, pg. 1, plat records of Brazoria Co., TX (Owner Clarence H & Mildred M. Koehn, 13914 Michael Lane) 5. Application No. 337 Lots 13 through 17, Blk. 3, Wagon Wheel addition, according to the map or plat recorded in Vol. 8, pg. 79, plat records of Brazoria Co., TX (Owner James L. & Cynthia A. Massey, 6211 Larrycrest Dr.) 6. Application No. 355 Lot 9, Blk. 10, Hickory Creek Place subdivision, part of Section 7, HT & B RR Co. survey, A-219, according to the plat recorded in Vol. 11, pg. 1-2, plat records of Brazoria Co., TX (Owner Thomas & Eva Cavasas, 6010 Kelly Drive) 7. Application No. 356 Lot 7, HT & B RR Co. survey, A-219, according to the plat records of Brazoria Co. TX (Owner M.T. Fernandez, 13110 O'Day Road) 8. Application No. 334 Lot 6, Blk. 2, Cas -Con Acres .subdivision, sect. 1, according to the map or plat recorded in Vol. 5, pg. 132, Plat records of Brazoria Co., TX (Owner Wanda Annette Jasek, 6138 Willow) __ 1 9. Application No. 338 Tract 1 being Lot 1, Blk, 3, Hickory Creek Place subdivision according to the map or plat recorded in Vol. 11, pg. 1, plat records of Brazoria Co., TX; and, Tract 2 being a 1920 Sq. Ft. tract out of Lot 2, Blk. 3, Hickory Creek Place subdivision, HT & B RR Co. survey, sect. 7, A-219, as recorded in Vol. 11, pg 1 & 2, plat records of Brazoria Co., TX (Owner Kenneth A. & Betty J. Hawkins, 13903 Melanie Lane) 10. Application No. -350 A 1.0 acre parcel in Lot 9, Allison Richey Gulf Coast Home Co. subdivision, sect. 20, HT & R BB Co. survey, A-506, recorded in Vol. 2, pg. 23, plat records of Brazoria Co., TX (Owner Frank St. Clair, 1310 Sterling Drive) The purpose of the public hearing for applications 335, 319, 325, 327, 337 & 355 was read into the record by Commissioner Jack Mathis. The purpose of the public hearing for applications 356, 334, 338, and 350 was read into the record by Commissioner Nghiem Doan. 8 Director of Planning & Community Development Dennis Smith presented the locations of the 6 2% proposed zone changes noting that none of the aforedescribed properties are land locked. Mr. Smith made note that Application 319 (6323 Cantu) and previously discussed Application 316 (6331 Cantu) were each a subdivision of Lot 5, however, the legal description on both properties remained Lot 5. The property described in Application 319 does not meet the R-1 yard requirements but would comply with R-3 yard requirements. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS James Massey, 6211 Larrycrest, spoke for application 337, Lot 13 & 14 stating that R-1 zoning best fits the subdivision. Wanda Jasek, 6138 Willow, spoke in support of application 334 stating that it best fits her needs and the needs of the neighborhood. Frank St. Clair, 1310 Sterling, spoke in support of application 350. Randy Faircloth, neighbor to 13520 O'Day Road, spoke for application 335 stating that the area is changing and the requested zone change is appropriate. He recently rezoned his property. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT The meeting adjourned at 7:25 p.m. The series of Joint Public Hearings adjourned at 7:26 PM. Minutes respectfully sub tted by: C�1 Nelda Pat erson Planning and Zoning Secretary Minutes approved as submitted and/or corrected this a —day of &4De i'' , A.D., 1998 Tom Reid Mayor W