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1999-02-01 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 COMMISSIONE OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 1, 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 Mayor Pro -Tem Larry Wilkins Councilmember Helen Beckman Councilmember William Berger Councilmember Klaus Seeger Councilmember Richard Tetens P & Z Chairperson Mary Starr P & Z Vice -Chairperson Tommy L. Scott P & Z Commissioner Emil A. Beltz P & Z Commissioner Jack Mathis Others in attendance: Director of Planning & Community Development Dennis Smith; Planning & Zoning Secretary Jennifer Mattingly. P & Z Commissioner Pat Lopez was absent. APPLICATION NO. 545 L CALL TO ORDER The meeting was called to order at 6:39 PM. H. PURPOSE OF HEARING — APPLICATION NO. 545 Request of owner for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Heavy Industrial District (M-2) on the following described property, to wit: Lot 2, Pereboom Subdivision, recorded in Vol 18, pg. 139, of the plat records of Brazoria Co., TX (13800 O'Day Road) Owner: Hollingshead Living Trust 13800 O'Day Road Pearland, Texas 77581 Agent: Ruth E. Hollingshead The purpose of the public hearing was read into the record by Chairperson 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 Steve Hollingshead, 1950 O'Day Rd, Pearland, Texas, 77581, explained that the current zoning of Suburban Development (SD) is inadequate to the use the property has enjoyed now for eleven years. He explained that they had built a manufacturing plant that manufactures a latex acrylic polimar multon. He then stated that this City's zoning table would not permit this manufacturing use in Suburban Development, and for this reason he would like to request an M-2 zoning. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Pro -Tem Larry Wilkins asked if there are any other businesses near. Director of Planning & Community Development Dennis Smith stated that there are businesses further down the road. He then explained that when the City annexed this area it was zoned as Suburban Development (SD) and in order for the owners to make any changes to their business they need to change their zoning to one that suits manufacturing needs. Mayor Tom Reid makes an exception to let Ruth Hollingshead speak. Mrs. Hollinghead, 1950 O'day Rd, Pearland, Texas, 77581, explains that there are several businesses on O'day Road. Mr. Smith apologized and stated that to his knowledge there are no businesses adjacent to or within 200 feet of the business requesting the zone change. Mayor Reid asked how long the business has been there. Mr. Hollingshead stated that the business has been here 11 years. IV. ADJOURNMENT The meeting for Zone Change Application #545 adjourned at 6:48 PM. APPLICATION NO. 643 I. CALL TO ORDER 2 The meeting for Zoning Application No. 643 was called to order at 6:48 PM. 100 H. PURPOSE OF HEARING — APPLICATION NO. 643 Request of 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 property, to wit: Being 9.924 acres, known as Lot 28, Allison Richey Gulf Coast Home Co. Subdivision, Section 9, H.T. & B.R.R. Co. Survey, A-234, recorded in Vol. 2, pgs 23 & 24, plat records of Brazoria Co., TX (14435 Max Road) Owner: Cherotech 3503 Foremast Galveston, Texas 77554 Agent: Charlie Eason The purpose of the public hearing was read into the record by Chairperson 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 Jim Huddleson, owner of Cherotech, 3503 Foremast, Galveston, Texas, stated that this property was formerly Metalurgical Technologies on Max Road. He then stated that there are four businesses adjacent to or on the same road running between Metallurgical Technologies and FM 518. He stated that he brought along Charlie Eason, of Hardcastle Real Estate, who respectfully put together a contract for sale of the business area, and Brad Bradford, who can answer any questions regarding the property. Mr. Huddleson then stated that the building was constructed in 1976, and he bought it in 1980. He then explained that he had 3 buildings occupying 18,000 sq. ft. that are in bad shape and he would like to zone it to M-2 so he can sell the property to someone who will do something with the property. He asked that Council would go back and review the situation and reconsider this request that was previously denied. Charlie Eason, 2405 South Grand, Pearland, Texas 77581, explained that they had this property for sale, and had a contract with F.W. Gardner for $150,000 in which he removed when Council denied the first request for an M-1. He stated that F.W. Gardner is still interested in the property contingent upon the property being zoned M-1. He stated there is also another interested person. He agreed with Mr. Huddleson that the property is valueless and remain valueless until the buildings and slab are gone. He stated that the cost just to tear it down runs $70,000 — $80,000. He concluded by stating he only possible use for this land is industrial use, and F.W. Gardner would like to build a good facility in this area. 3 1.0 1 Roy Young, 14535 Max Road, Pearland, Texas, 77581, stated that he is a neighbor and he stated that he sees no problem with the zoning he is requesting. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST — None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Reid stated that from looking at the pictures of Max road there is still quite a bit of open country. He then stated that the area might be potentially be an area that could develop into a series of businesses like O'day Road. VL ADJOURNMENT The meeting for Zoning Application #643 adjourned at 7:02 PM. APPLICATION NO. 520 L CALL TO ORDER IL PURPOSE OF HEARING – APPLICATION NO. 520 Request of owner for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business District (GB) on the following described property, to wit: Being a 1.1671 acre tract out of Lot 3, Allison Richey Gulf Coast Home Co. Subdivision, Section 85, H.T. & B. R.R. Co. Survey, A-304, recorded in Vol. 2, pg 107, plat records of Brazoria Co., TX (2401 Smith Ranch Road) Owner: John H. Gehring 2526 Westminister Pearland, Texas 77581 The purpose of the public hearing was read into the record by Chairperson 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 John Gehring, Jr., 12601 Stone Road, Pearland, Texas, 77581, stated that he had originally asked for M-1, and he was unaware that the application had been changed to G -B, and he did not ask for this. 4 Director of Planning & Community Development Dennis Smith stated that he did initialize the application to change the zoning request from Manufacturing to General Business because he was under the impression that General Business suited the zoning requirements for an ice packaging company. Mr. Gehring stated that he did realize that this would fit under General Business but is hesitant to ask for this particular zoning because it would limit the usage of this facility that was built and designed for other purposes as well. He stated there are other businesses around the area, and he owns a total of 20 acres in the area. He stated that he would like to change the request back to M-1. Dennis Smith stated that they would have to re -post the agenda and re -notify all adjacent property owners because they are allowed to drop down a level of zoning classification but cannot go up a level. Mayor Reid asked if the application should be terminated. Mr. Smith responded that termination would be the best thing to do so the application can be re -publicized. Application No. 520 was terminated and will be reinstated as originally submitted by the owner. IV. ADJOURNMENT The meeting for Zone Change Application No. 520 adjourned at 7:10 PM. APPLICATION NO. 518 I. CALL TO ORDER The meeting for Zone Application #518 was called to order at 7:03 PM. IL PURPOSE OF HEARING — APPLICATION NO. 518 Request of owner 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-2) on the following described property, to wit: Being 63.679 acres out of the SE 1/4, Section 21, H.T. & B. R.R. Co. Survey, A- 309 & part of a certain tract in deed dated 11-22-1972, George P. Kelly to Rose M.A. Bagnoli, Vol. 1144, pg 902, Deed Records of Brazoria Co., TX Owner: Estate of Rose Marie Bagnoli 5 X03 Agent: Jack Nahas, Executor 4835 Gladys Avenue Beaumont, Texas 77706 The purpose of the public hearing was read into the record by Chairperson 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 Steve Gardner, of Ferro-Saylors, Inc., 1880 Dairy Ashford, Suite 505, Houston, Texas, 77077, stated that this property will be developed as a standard single family style subdivision with larger size lots. He stated that it will have the detention and a lake much like the other section, a connector to North Fork Drive that will, provide for flow of traffic, and there will be landscape reserves along North Fork Drive and Fite Road. He concluded by stating that this development is a continuation of Villages of Edgewater Estates. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Reid stated that in his opinion changing to an R-2 is a good marketing strategy. Councilman Richard Tetens stated that he is highly in favor of this zone change request. VL ADJOURNMENT The meeting adjourned at 7:15 PM. APPLICATIONS NO. 498, 535, 541, 556, 562, AND 599 L CALL TO ORDER The meeting to consider a series of zone changes from S -D to R-1 was called to order at 7:16 PM. H. PURPOSE OF HEARING — APPLICATIONS NO. 498, 535, 541, 556, 562, & 599 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 property, to wit: Ci 1. Application No. 498 Lot 9K4 & 9K, being approximately 1.010 acres, Richland Acres Subdivision, H.T. & B. R.R. Co. Survey, A-509, according to the plat records of Brazoria Co., TX (6418 Cottonwood) Owner: Kathryn LaWayne Kellum 6418 Cottonwood Pearland, Texas 77584 2. Application No. 535 Lots 8 & 9, Block 1, Wagon Wheel Addition, Section 14, H.T. & B. R.R. Co. Survey, A- 509, according to the map recorded in Vol. 8, pg 79, plat records of Brazoria Co., TX (6210 & 6214 Patridge) Owner: Ernest E. & Glenda I Walker Rt. 1, Box 90-2L Trinity, Texas 75862 3. Application No. 541 r-- 1 acre, more or less, out of Lot 62, Figland Orchard Subdivision, H.T. & B. R.R Co. Survey, A-240, recorded in Vol. 3, pg 77, plat records of Brazoria Co., TX (6127 Figland) Owner: Jose A & Maria B. Ramos 5192 Willow Wood Road Rolling Hills EST., CA 90274 4. Application No. 556 Lot 9, Block 2, Robin Cove Subdivision, as recorded in Vol. 18, pg 159, plat records of Brazoria Co., TX (5503 Robin Sound) Owner: Shannon King 5503 Robin Sound Pearland, TX 77581 5. Application No. 562 Lot 1, Block 9, Hickory Creek Place Subdivision, Section 7, H.T. & B. R.R. Co. survey, A-219, recorded in Vol. 11, pg 1, plat records of Brazoria Co., TX (5922 Kelly) Owner: Carl & Elsie Poseur 5922 Kelly 7 Pearland, TX 77581 6. Application No. 599 Lot 12, Block 1, Robin Cove Subdivision, Section 2, H.T. & B. R.R. Co. Survey, -- recorded in Vol. 19, pgs 185-186, plat records of Brazoria Co., TX (5507 Robin Meadow) Owner: Stephen & Tonya M. Scott 11023 Carlton Houston, TX 77047 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 REQUESTS Shannon King, 5503 Robin Sound, Pearland, Texas, 77581, stated that he would like to request to have his property zoned for residential use. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS None V. COUNCH,/PLANNING COMMISSION/STAFF DISCUSSION None VI. ADJOURNMENT The meeting to discuss a series of zone changes adjourned at 7:25 PM. The Joint Public Hearing adjourned at 7:29 PM. respectfully su) Emitted by: Punning and Zoning Secretary Minutes approved as submitted and/or corrected this 22nd ay f February , A.D., 1999 pyo Tom Reid, Mayor 8