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1999-01-11 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES51 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAN% TEXAS, HELD ON JANUARY 11, 1999, 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 Tom Reid Councilmember Klaus Seeger Councilmember William Berger Councilmember Helen Beckman Councilmember Richard Tetens P & Z Chairman Mary Starr P & Z Vice -Chairman Tommy Scott P & Z Commissioner Jack Mathis P & Z Commissioner Emil Beltz P & Z Commissioner Nghiem Doan Others in attendance: Director of Planning & Community Development Dennis Smith; Planning & Zoning Secretary Mona Ann Phipps, P & Z Commissioner Pat Lopez was absent. APPLICATION NO. 434 r--, I. CALL TO ORDER The meeting was called to order at 6:32 PM. H. PURPOSE OF HEARING - APPLICATION NO. 434 Request of owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Light Industrial District (M1) on the following described property, to wit: Tract I & 11 being 3 acres, more or less, out of Lot 50, Figland Orchard Subdivision, H.T. & B. R.R. Co. Survey, Section 13, A- 240, Brazoria Co., TX, according to the plat thereof recorded in Vol. 2, pg 77, of the plat records of Brazoria Co., TX Tract III being the N 2 acres, out of Lot 57, Figland Orchard Subdivision, H.T. & B. R.R. Co. Survey, Section 13, A-240, Brazoria Co., TX, according to the plat thereof recorded in Vol. 3, pg 77, of the plat records of Brazoria Co., TX Owner: Arthur Partain 6806 Broadway Pearland, Texas 77581 5 2 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 — Arthur Partain, 6806 Broadway, Pearland, Texas, 77581, explained that he purchased this property for retirement purposes. At that time, the land around this property was vacant. He added that the present company that has had the building leased is leaving. He will clean up and make repairs to the property. He also stated that he understands the requirements of the M-1 zone. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Virginia F. Jackson, 15210 Wagontrail, Pearland, Texas, 77584, explained that Mr. Partain has brought in a large amount of dirt. She is concerned that this will cause flooding on her property. Ms. Jackson asked what Mr. Partain is proposing to use the property for. She added that the dirt that he has brought in has made everyone sick and she is against the zone change. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilman Bill Berger stated that regardless of what structure they are proposing, the City is zoning the dirt. However, he must follow all requirements of that zone. Mr. Berger asked Mr. Partain what he plans to do with the property. Mr. Partain stated that he has two parties interested in leasing the property. One proposed tenant is for storage with three employees. The other proposed tenant is a heavy duty shop to repair bulldozers and diesel trucks. He also added that Ms. Jackson should appreciate the dirt being brought in because he filled in a pond with rats, snakes, etc. Councilman Bill Berger asked what type of business currently occupies the property. Director of Planning & Community Development Dennis Smith stated that it is an oil field related business. He added that the new tenant must meet all requirements for whatever type of zoning is approved. Mayor Pro -Tem Larry Wilkins entered the meeting at 6:45 PM. VI. ADJOURNMENT The meeting for Zone Change application #434 adjourned at 6:50 PM. APPLICATIONS NO. 547, 548, AND 549 53 I. CALL TO ORDER The meeting to consider a series of zone changes from SD to M-2 was called to order at 6:50 PM. H. PURPOSE OF HEARING - APPLICATIONS NO. 547, 548 and 549 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Heavy Industrial District (M-2) on the following described property, to wit: 1. Application No. 547 The N 'h of Tract 26, Sect. 8, H.T. & B. R.R. Co. Survey, A-504, Allison Richey Gulf Coast Home Co. Subdivision, according . to the plat records of Brazoria Co., TX (13120 Suburban Garden Road) Owner: James F. Fuller, F.O. Box 1305, Pearland, TX 77588-1305 2. Application No. 548 Being 4.00 acres out of Lot 39, Allison Richey Gulf Coast Home Co. Subdivision, Sect. 8, H.T. & B. R.R. Co. Survey, A-504, recorded in Vol. 2, pgs 23-24, plat records of Brazoria Co., TX (14220 Suburban Garden Road) Owner: Mule Ear, Inc. Agent: T. J. "Tom" Hodges P.O. Box 3036 Pearland, Texas 77588 3. Application No. 549 Lot 10, Blk 9, Hickory Creek Place addition, as recorded in Vol. 11, pgs 1-2, plat records of Brazoria Co., TX (14215 Suburban Garden Road) Owner: Crane Technologies, Inc. Agent: T. J. "Tom" Hodges P.O. Box 3036 Pearland, Texas 77588 The purpose of the public hearing was read into the record by Chairman Mary Starr. 91 Director of Planning & Community Development Dennis Smith presented the locations of the proposed zone changes. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Application No. 547 - Jim Fuller of Pearland Diesel Repair stated that they have been in business since 1976. They repair heavy machinery, trucks and cranes. Applications No. 548 & 549 - Tom Hodges of Crane Technologies and Mule Ear, Inc. stated that they do heavy equipment repair, fabrication, sandblasting and painting. He added that the two lots next to him, Lots 11 and 12, are already zoned M-2. Three lots North of him, Lots 7, 8 and 9, are also zoned M-2. He also stated that he has a picture of the building when it was originally built and there were no houses on Marsha and Kelly. Applications No. 547, 548 & 549 - Pat O'Day, Garden Road, stated that he has two businesses on Garden Road. He added that he is for all three applications to be approved. Application No. 547, 548 & 549 - Donna Lund, 14221 Garden Road, stated that she owns lots 11 & 12 that were already zoned M-2. She is for the approval of all three applications. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Applications No. 547, 548 & 549 - Michael Cotter, 2549 Lazybend states that he has concerns about the properties being used for industrial use. He explained that last week an eighteen wheeler ran off the road approximately five hundred foot from his house. At the time, they were concerned about leaks of hazardous or explosive materials. He added that the roads are not designed for industrial vehicles. In addition, he stated that there are a large number of businesses, but there is the same or greater number of homes in the area. Mr. Cotter also questioned the fact that the lot sizes meet the requirements for industrial zoning. V. COUNCILMLANNING COMMISSION/STAFF DISCUSSION Director of Planning and Community Development Dennis Smith explained that the lots were platted prior to 1978, therefore, they are grandfathered with existing businesses. He also reconfirmed that a truck did run off in the ditch, however, there was no spillage. VI. ADJOURNMENT The meeting to discuss a series of zone changes from SD to M-2 adjourned at 7:05 PM. 4 Application No. 472 I. CALL TO ORDER The meeting to consider a zone change from GB to C was called to order at 7:06 PM. Director of Planning & Community Development Dennis Smith explained that he received a fax this morning from the property owner requesting that this application be removed from the agenda. Mr. Smith stated that they had requested a zone change so they could have outside display, which are not allowed in General Business. Dennis added that he and Chief Building Official Gene Tumlinson will meet with the property owner to discuss a variance that might allow an outside display possibly twice a year. Mayor Tom Reid stated that this is a high quality business that just opened last year. He added that they are fulfilling a need in the community and that the City should do what we can to help. Application No. 648 I. CALL TO ORDER The meeting to consider a zone change from Suburban Development (SD) to r-- General Business District (GB) was called to order at 7:08 PM. H. PURPOSE OF HEARING - APPLICATION NO. 648 Request of owner for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business District (GB) on the following described property, to wit: Being 1.1404 acre tract out of 2.27 acre tract out of Lot 9, the NE 'A of the SE 'A of Section 14, H.T. & B. R.R. Co. Survey, A-409, Plat records of Brazoria Co., TX (6319 Cottonwood) Owner: David Wayne Wilson P.O. Box 1456 Pearland, TX 77588 The purpose of the public hearing was read into the record by Chairman Mary Starr. Director of Planning & Community Development Dennis Smith presented the locations of the proposed zone changes. He explained that the owner of Follett Veneers has presented a letter stating that they wish to expand their existing business on this lot. Mr. Smith stated that Follett Veneers now occupies the lot to the West of the proposed zone change. He also explained that he has discussed this request with City Attorney Darrin Coker. Mr. Coker has expressed concern 55 that the zone change may also need a specific use, therefore, when it comes back 56 before City Council if will probably have a rider attached. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST David Wayne Wilson, 6319 Cottonwood stated that they were supposed to have already closed the sale of this property, however, it is pending the zone change approval. Mike Bollen, 6315 Cottonwood, Vice -President and General Manager of Follett Veneers explained that they are currently operating their business on the properties adjacent and behind this property. He added that they have approximately 40,000 sq ft of metal buildings in which they manufacture hardwood plywood for furniture and interiors and also veneer clad doors. They are proposing to expand their business of thirteen years. Bob Oczkowski, 5714 Cottonwood, has lived across the street from Follett Veneers since 1980. He explained that Mr. Wilson has built this property up and made many improvements. He added that now he has the chance to sell the property and be rewarded for his work. He stated that this business produces no noise and that the owners are very nice people. Amy Alexander Cattoni, 6319 Cottonwood A, stated that she couldn't ask for a better business in the area. She added that they are very good neighbors and that this is a very clean business. She stated that she is one hundred percent for the zone change. Darrell McKnight, 5710 Patridge, explained that he abuts this property on the North and West sides. He would like to see a new business on this lot to help him meet the drainage needs. He also stated that he feels the business will be an asset to the area. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT The meeting to discuss a zone change from SD to GB adjourned at 7:20 PM. AQnlication Nos 524 531 533 536 537 538 539, 540, 542 and 544 I. CALL TO ORDER The meeting to consider a series of zone changes from Suburban Development 57 (SD) to Single Family Dwelling District (R-1) was called to order at 7:21 PM. H. PURPOSE OF HEARING - Application Nos. 524, 531, 533, 536, 537, 538, 539, 540, 542 and 544 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: 1. Application No. 524 Lot 19, Block 5, Hickory Creek Place Subdivision, H.T. & B. R.R. Co. Survey, Section 7, A-219, recording in Vol. 11, pg 1, plat records of Brazoria Co., TX (13906 Michael Lane) Owners: Jerry & Brenda Bredehoeft 13906 Michael Lane Pearland, Texas 77581 2. Application No. 531 Lot 9, Block 1, Final Plat of Robin Cove, Section 2, recorded in Vol. 19, pg 185-186, plat records of Brazoria Co., TX (Robin Meadow) Owner: Bruce Hornsby 2905 McDermott Court Pearland, Texas 77581 3. Application No. 533 Lots 3 & 4, Block 3, Wagon Wheel Addition, Section 14, H.T. & B. R.R. Co. Survey, A-509, Vol. 8, pgs 79-80, plat records of Brazoria Co., TX (6114 Jerrycrest) Owners: Peggy A. & N. Noel Webb 6114 Jerrycrest Pearland, Texas 77584 4. Application No. 536 Lot 8 & the N 55 ft. of Lot 9, Block 5, Hickory Creek Place Addition, recorded in Vol. 11, pgs 1-2, plat records of Brazoria Co., TX (5831 Kelly Drive) Owners: Joseph H. & Billie J. Baldwin 5831 Kelly Drive Pearland, Texas 77581 5. Application No. 537 58 Being 0.867 acres out of a 3.932 acre tract, George C. Smith survey, Section 6, A-546, recorded in Vol. 1465, pg 392, Deed Records of Brazoria Co., TX (6022 Ih Terrell) Owners: Jose A. & Maria B. Ramos 5192 Willow Wood Road Rolling Hills Est., CA 90274 6. Application No. 538 Being a 1.00 acre tract out of a 5.959 acre tract out of a 35.950 acre tract out of an 80 acre tract in the N 'fz of the SE 'A of Section 16, G.C. Smith survey, A- 546, plat records of Brazoria Co., TX (6027 Terrell) Owners: Jose A. & Maria B. Ramos 5192 Willow Wood Road Rolling Hills Est., CA 90274 7. Application No. 539 Being 0.868 acres out of a 3.952 acre tract as described in Vol. 1465, pg 392, Deed Records of Brazoria Co., TX (6022 Terrell) Owners: Jose A. & Maria B. Ramos 5192 Willow Wood Road Rolling Hills Est., CA 90274 8. Application No. 540 Being 0.76 acres in the 10 acre tract in the S 'fi of the NE 'A of the SE 'A, G.C. Smith survey, Section 16, A-546, Deed Records of Brazoria Co., TX (6025 Sharondale) Owners: Jose A. & Maria B. Ramos 5192 Willow Wood Road Rolling Hills Est., CA 90274 9. Application No. 542 Lots 5 & 6, Block 9, Hickory Creek Place subdivision, Section 7, H.T. & B. R. R. Co. Survey, A-219, recorded in Vol. 11, pgs 1-2, plat records of Brazoria Co., TX (5906 Kelly Drive) Owners: Jim D. & Kerri L. Beam 5906 Kelly Drive Pearland, Texas 77581 8 10. Application No. 544 5� Lot 3, Block 10, Hickory Creek Place subdivision, Section 1, H.T. & B. R.R. Co. Survey, A-219, recorded in Vol. 11, pgs 1-2, plat records of Brazoria Co., TX (5938 Kelly Drive) Owner: Hollingshead Living Trust Agent: Ruth E. Hollingshead 13800 O'Day Road Pearland, Texas 77581 The purpose of the public hearing was read into the record by Chairman Mary Starr. Director of Planning & Community Development Dennis Smith presented the locations of the proposed zone changes. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT The meeting to discuss a series of zone changes from SD to R-1 adjourned at 7:30 PM. The Joint Public Hearing adjourned at 7:32 PM. Minutes respectfully submitted by: ff " Mona Ann Ohipps Planning and Zoning Secretary Minutes approved as submitted and/or corrected this 25th of January , A.D., 1999 Tom Reid Mayor 9 THIS PAGE LEFT INTENTIONALLY BLANK