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1998-10-12 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES138 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 12, 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 Chairman Vice -Chairman Commissioner Commissioner Commissioner Tom Reid Larry Wilkins Klaus Seeger William Berger Helen Beckman Mary Starr Tommy Scott Jack Mathis Emil Beltz Nghiem Doan Others in attendance: Director of Planning & Community Development Dennis Smith, Planning & Zoning Secretary Nelda Patterson, City Attorney Darrin Coker. The series of Joint Public Hearing Meeting opened at 6:30 p.m. APPLICATION 390 I. CALL TO ORDER The public hearing for zone change application no. 390 from Suburban Development to Light Industrial District (M-1) was called to order at 6:34 p.m. II. PURPOSE OF HEARING Request of Charlie Eason, Hardcastle Real Estate, for Cherotech, Inc., owners 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: Lot 28, being 9.924 acres out of the Allison Richey Gulf Coast Home Co. subdivision, Sect. 9, HT & B RR Co. survey, A-234, plat records of Brazoria Co., Vol. 2, pgs. 23 & 24. Brazoria Co., TX (14435 Max Road) The purpose of the public hearing was read into the record by Chairman Mary Starr. 139 Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. He noted that this is an existing business. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS Charlie Eason, Hardcastle Real Estate, 2405 S. Grand, spoke for the proposed zone change representing the seller of the property. Mr. Eason made note that the owner has made some repairs to the existing building on the property and additional repairs are needed. The owner has obtained a contamination clearance through TNRCC for the coating business. Greg Dugat, F. W. Gartner Co., spoke in support of the proposed zone change. The company has a rental company on 518 which is an example of the standards the company has. The F. W. Gartner Co. has been around and owned by the original owners for 23 years. Necessary monitoring for compliance is being performed. The business operations would be clean and contained on the property. Jim Huddleston, former owner, spoke in support of the proposed zone change noting that this is a responsible facility with approved procedures and coating processes. Gartner would be a good cornerstone to increasing assets to the community. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid asked for clarification on "TNRCC approved". It was noted that the clean-up was approved by TNRCC confirming a clean process without the use or hazardous materials. The discharge level is minimal. Councilmember Helen Beckman inquired to other structures on the property. One old house is located to the far back of the property. VI. ADJOURNMENT The public hearing adjourned at 6:46 p.m. APPLICATION NO. 363 I. CALL TO ORDER The Joint Public Hearing for zone change application no. 363 was called to order at 6:46 p.m. 2 II. PURPOSE OF HEARING Request of John N. Taylor, agent for The Ritson Morrison Corporation, 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: A 117.6207 ac. parcel being all of lots 23 through 28, and a portion of lots 21, & 31 through 36, Suburban Gardens subdivision, Sect. 85, HT & B RR Co. survey, A-304, as recorded in Vol. 2, pg. 107-108, Plat Records of Brazoria Co. TX (Corner of CR 93 & CR 403) The purpose of the Joint Public Hearing was read into the record by Chairman Mary Starr. Director of Planning and Community Development Dennis Smith presented a map of the proposed zone change noting that Hughes Ranch Road is at the top of the property, Miller Rand Road to the East, and Astro Concrete going down Miller Ranch Road on the corner. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS John Taylor, 702 Omar, Houston, Texas, spoke for the proposed zone change. The property would be developed much as the Crystal Lakes project. The said property has a 27 acre lake and would have approximately 300 lots. The homes would be approximately $140,000 with nice park settings around the existing lake. The owner has a contract to purchase an additional 10 ac tract and will request appropriate zone change. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS Ann Treadway, 3318 Camelot Court, mobile home subdivision to the right of aforedescribed property, did not express opposition but did have several questions regarding the effect of the zone change. She inquired as to the deed restrictions which would be imposed on the project. Mrs. Treadway also asked if Crystal Lakes is the subdivision at Cullen and CR 403. She expressed concerns as to water and sewer availability and where is it coming from. She noted that there are a lot of problem with the existing water and sewer. She also noted concerns for the effects on drainage. Joe Treadway, 3318 Camelot Court, expressed concerns for the effects on drainage. He also wanted to know what type of streets would be cut into the area. The area does not currently flood. If the draining is proposed for Mary's Creek he feels it will pose problems. 141 Leonard Cherry, Cherry Crushed Concrete, owner of Lot 7, 17, 8, 18, 19, and '/2 of 20, spoke against the proposed zone change. Mr. Cherry owns a concrete recycling facility permitted by TNRCC located on Lot 17 which is accessed by Wooten Road. He distributed an article to provided added information on the operations of the concrete recycling facility representing the operation they have ongoing. He expressed concerns for houses backing up to Wooten Road and the dissatisfaction of residents of the proposed project regarding the truck traffic resulting from his business. Mr. Cherry noted that he did not want to experience problems later as a result of truck traffic which he feels is an eventuality if these problems are not addressed. The concrete recycling facility is currently working at 50% of its capability and is permited for 100%. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember William Berger inquired as to the existence of access roads. Wooten Road would not be used. The access would be off Hughes Ranch Road and Miller Ranch Road. Fencing or appropriate screening will be provided next to the concrete facility. The property has a lake which takes up the majority of the four lots located near the concrete facility. Most of the homes will be off Hughes Road. Note was made to the concrete facility and dust control. Councilmember Richard Tetens inquired about the water and sewer for the area. The MUD #19 is proposed for this area and appears later on the Council agenda. The water line will be from 518 to Miller Ranch Road. A request has been submitted for a permit to put a package plant in to provide sewer for the first three (3) years and will be abandoned once sewer is available. Large lakes will provide internal drainage. The lakes will act as holding ponds and will be discharged appropriately into Hickory Slough. This should improve drainage in the area. Dennis Smith noted that the developer and the city will enter into an over -sizing agreement and should have water within one year. Sewer should be available in one to two (2) years. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:07 p.m. APPLICATION 478 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:07 p.m. II. PURPOSE OF HEARING 4 Request of Frank J. Miller, owners for an amendment to the Land Use and Urban 142 Development Ordinance of said City from Classification Suburban Development (SD) to Single -Family Dwelling District (R-2) on the following described properties, to wit: 0 1 Lots 1 & 2, Blk. 1, Wagon Wheel Addition, HT & B RR Co. survey, Sect 14, A- 509, according to the map recorded in Vol. 8, pg. 79, plat records of Brazoria Co., TX (6106 Patridge) The purpose of the public hearing was read into the record by Chairman Mary Starr. Director of Planning and Community Development Dennis Smith presented a map of the property location noting that numerous zone change request have been received for R-2 in the area. The property is two lots with one address. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS None. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Helen Beckman asked as to the size of lots meeting the criteria for R-2 zoning. The lots to the South are 1 acre lots. The aforedescribed lots are probably '/4 acre lots. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:11 p.m. APPLICATIONS NO. 365, 344, & 366 I. CALL TO ORDER The Joint Public Hearing was called to order at 7:11 p.m. II. PURPOSE OF HEARING Request of 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-1) on the following described properties, to wit: 1. Zoning Application No. 365 s 143 A 10.009 ac. parcel being all of Lot 57, Allison Richey Gulf Coast Home Co. subdivision, Sect. 85, HT & B RR Co. survey, A-304, according to the plat in Vol. 2, pg. 107, Plat Records (Owner Karen & George Ritchey) 2. Zoning Application No. 344 Lots 9 & 10, Blk. 4, Hickory Creek Place subdivisions , HT & B RR Co. survey, Sect. 7, A-219, according to the plat recorded in Vol. 11, pg 1, plat records of Brazoria Co.,TX (Owner Robert B & Mary Lousie Fariley, 1411 Michael Lane) 3. Zoning Application No. 366 Part of Lots 45 & 55, being 13.28 ac., in the Allison Richey Gulf Coast Home Co. survey, Sect. 85, A-304, recorded in Vol. 2, pg. 107, plat records of Brazoria Co., TX ( Owners Karen & George Ritchey) The purpose of the Joint Public Hearing was read into the record by Chairman Mary Starr. Director of Planning and Community Development Dennis Smith presented a map of the proposed zone changes. Ill. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS None. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS Ann Treadway, 3318 Camelot Court, spoke against zone change no. 366 stating concerns for the type of homes which would be built on the property and the effects the additional homes would have on drainage, water, and sewer. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Dennis Smith stated that the drainage, water, and sewer would be similar as that previously discussed under zone change application number 390. Mr. Smith stated that the owners have not indicated the type of structures and have not submitted formal plans. Drainage plans would require approval by the City Engineer and would be in compliance with the Flood Plan Management (FEMA). The city works closely with the Drainage Commission to assure appropriate drainage. All plans are submitted by an engineer and reviewed and approved by city engineers and building officials. 6 1.41 Commissioner Jack Mathis asked if the existing pond on the property was natural. Mr and Mrs. Treadway noted that it was a sandpit with some concerns for contamination. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:20 p.m. The series of Joint Public Hearings adjourned at 7:21 p.m. Minutes respectfully submitted by: Nel a Patterson Planning and Zoning Secretary Minutes approved as submitted and/or corrected thisA03 day of bC°I-r��e�' , A.D., 1998 Tom Reid Mayor