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1999-03-15 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESX92 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 15, 1999, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The Joint Public Hearing was called to order with the following present: Mayor Tom Reid Councilmember Helen Beckman Councilmember William Berger Councilmember Richard Tetens P & Z Vice -Chairman Tommy L. Scott P & Z Commissioner Emil A. Beltz P & Z Commissioner Chris Cookson P & Z Commissioner Donald Glenn P & Z Commissioner Todd Iocco P & Z Commissioner Jack D. Mathis Others in attendance: Director of Planning & Community Development; Planning & Zoning Secretary Jennifer Mattingly. Mayor Pro -Tem Larry Wilkins, Councilmember Klaus Seeger, and Planning and Zoning Chairperson Mary Starr were absent. APPLICATION NO. 690 I. CALL TO ORDER The meeting was called to order at 6:40 PM. U. PURPOSE OF HEARING — APPLICATION NO. 690 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Commercial District (C) on the following described property, to wit: Legal Description: Being 4.542 acres, a part of Lot 1, Block 26, Allison -Richey Gulf Coast Home Co. Subdivision, Section 4, T.C,RR. Survey, A-675, recorded in Volume 2, pg 99, Brazoria Co. Plat records (15707 South Freeway 288 Owner: James W. & Barbara A. Dixon 15707 South Freeway 288 Pearland, Texas 77584 The purpose of the public hearing was read into the record by Vice -Chairperson Scott. 9.3 Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST James Dixon, 15707 South Freeway 288, Pearland, Texas, 77581, stated that the 4.542 acres in question is not the correct acreage they needed to apply for. He stated that they actually needed to zone lots 1 and 2 of block 26. Director of Planning & Community Development Dennis Smith stated that they would have to readdress the public and send out notices to the people within 200 feet of the new acreage. The Zoning Application No. 690 was terminated and the Joint Public Hearing meeting adjourned at 6:48 PM. APPLICATION NO. 644 I. CALL TO ORDER The meeting for Zoning Application No. 644 was called to order at 6:49 PM. H. PURPOSE OF HEARING — ZONING APPLICATION NO. 644 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 (M-2) on the following described property, to wit: Legal Description: Being 9.983 acres, called Tract 16, H.T. & B. R.R. Co. Survey, Section 7, A-219, plat records of Brazoria Co., TX (13801 Garden Road) Owner: Carl A. Davis P.O. Box 262326 Houston, Texas 77207 Agent: James W. Cox 5177 Richmond Avenue, Suite 740 Houston, Texas 77056 The purpose of the public hearing was read into the record by Vice -Chairperson Scott. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. M. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 2 1,9 4 None IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None V. COUNCH./PLANNING COMMISSION/STAFF DISCUSSION Councilmember Tetens stated that this property has an existing business that has been in operation for many years. VI. ADJOURNMENT The meeting for Zoning Application No. 644 adjourned at 6:52 PM. APPLICATION NO. 689 I. CALL TO ORDER The meeting for Zoning Application No. 689 was called to order at 6:53 PM. H. PURPOSE OF HEARING — ZONING APPLICATION NO. 689 Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-2) to Mobile Home District (MH) on the following described property, to wit: Legal Description: Lot 15, Allison Richey Gulf Coast Home Co. Subdivision, Section 6, H.T. & B. R.R. Co. Survey, A-544, Volume 136, pg 500, deed records of Brazoria Co., TX (13260 Hatfield Road) Owner: B & J Grouping, Inc. 15707 South Freeway 288 Pearland, Texas 77584 Agent: Britt Dixon 15707 Southwest Freeway 288 Pearland, TX 77584 The purpose of the public hearing was read into the record by Vice -Chairperson Scott. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 3 X95 Willard Wayne O'keefe, 1431 Hatfield, explained that he owns property next to the property in question. He then explained that he is unclear about the trailer park in question because the trailer park that was there previously was a big problem. He then stated that he would not have a problem with the new retirement community as long as it did not affect his industrial area that is located across the street. James and Brett Dixon, 15707 South Freeway 288, Pearland, Texas, 77584, explained that they wanted to take the mobile home park and turn it into a retirement community and make it something for Pearland to be proud of. They showed City Council a diagram and explained that they plan to put in all new mobile homes, and they will have an architect that will be designing nice community gates. P & Z Commissioner Emil A. Beltz asked how many homes they planned to put in the park, and Mr. Dixon answered 40-48 homes. Councilmember Richard Tetens asked what the acreage is, and Mr. Dixon answered 10 acres. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST W.A. Hemphill, 13206 Hatfield, Pearland, Texas, 77581, stated that he owns the property adjacent to the proposed area and he is very opposed to the request. He then stated that he was not properly notified and his daughter who lives next door to him was not properly notified either. He then asked for the Joint Public Hearing to be postponed so that they may have a fair hearing. Senior Projects Manager Alan Mueller suggested that they should continue with the hearing and after the meeting the planning department will investigate to see if the notices were properly sent. He then stated that if the notices were not properly sent they could proceed with another hearing. Mr. Hemphill then explained that he is opposed to the trailer park because he has no insurance that the trailer park will stay a retirement community and not turn into a trailer park full of juveniles and criminals. He then asked who would watch over the park and keep it nice. He then stated that he speaks for several people in the neighborhood. Debbie Burleson, 13206 Hatfield, Pearland, Texas, explained that she lives directly beside the property in question. She explained that the previous trailer park gave them a tremendous amount of trouble. She also questioned who would maintain the new retirement community. P & Z Commissioner Emil A. Beltz asked if she received any notice of the hearing, and she responded that she did not. Mary Helen Perez, 13314 Hatfield, Pearland, Texas, 77581, explained that she would rather the R-2 zoning remain because the allowance of another mobile home park will 4 devalue their property. She also expressed her concern for safety because there is already r^ a very narrow road, and the traffic problem will make it much more difficult for them to get out of their driveway. She then stated that she has two questions. First she asked if there was any way for the park to be restricted to a "retirement community". Then she asked if there will be an office manager, a laundry mat, or any recreation area? Joann Parisher, 13235 Eiker, Pearland, Texas, 77581, stated that her home is directly across the street from the property in question. She explained that the mobile home that was there before was unkept and there were problems such as rats and garbage problems and they did not receive any compliance from the city. She also stated that she would like to know who is responsible for making these people comply. She stated that she would like to support Mrs. Perez about the traffic and stated that two young people have died on the narrow road. W.A. Hemphill, 13206 Hatfield, Pearland, Texas, 77581, stated that he would like to remind Council about the condition of the road. He then stated that the city cannot control speed on the road as it is, and then he reminded the Council that two years ago the previous owner wanted to extend the sewer system, repair lights and fix up the area, and he was turned down flat for the proposal. Frank Perez, 13322 Hatfield, Pearland, Texas, 77581, stated that he lives two houses down from the property and he would like to support everyone that is opposing the request. He then stated that it will devalue his property, and you cannot regulate thee of people who will be living there. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION P & Z Vice -Chairman Tommy L. Scott asked if the property is SD or R-2 Director of Planning & Community Development Dennis Smith stated that the property is currently R-2. Councilmember Berger explained for clarification that the property is no longer "grandfathered," it has been sold. He then asked if there was a way to restrict the property to a retirement community? Mr. Smith stated that the only way to restrict the property would be to make it a PUD. Senior Projects Manager Alan Mueller questioned whether or not a FUD is allowable in MH zoning, and stated that it would need to be researched. Councilmember Berger then asked if there would be a manager on site, and Mr. Dixon replied that there would be a manager on site. Mr. Berger then asked who would enforce the codes, and Mr. Smith stated that a code enforcement officer would have to enforce the codes. 5 i97 P & Z Commissioner Mathis then asked how long ago the area was annexed, and Alan Mueller answered that it was annexed back in the 70's. VI. ADJOURNMENT The meeting for Zone Change Application No. 689 adjourned at 7:32 PM. APPLICATION NO. 589 The meeting for Zone Change Application No. 589 was cancelled due to the property owner's request. APPLICATION NO. 620 L CALL TO ORDER The meeting for Zone Change Application No. 620 was called to order at 7:34 PM. U. PURPOSE OF HEARING — ZONING APPLICATION NO. 620 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: Legal Description: Lot 12 & E 1/2 of Lot 11, Block 3, Cas -Con Acres, being the NW '/a of the SW 1/4, H.T. & B. RR_ Co. Survey, Section 14, A-509, Volume 5, pg 127, plat records of Brazoria Co., TX (6225 Cottonwood) Owner: James Sandling 6225 Cottonwood Pearland, TX 77584 The purpose of the public hearing was read into the record by Vice -Chairperson Scott. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. M. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST James Sandling, 6225 Cottonwood, Pearland, Texas, 77584, stated that he would like to make improvements on the property and would like to have it zoned for residential use. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None C1 r-- V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid reminded the public that they are in great favor of the R-1 zoning. VI. ADJOURNMENT The meeting for Zone Change Application No. 620 adjourned at 7:40 PM. APPLICATION NO'S 628, 629, 630, 631, 636, 638, 639, and 673 L CALL TO ORDER The meeting for Zone Change Application's 628, 629, 630, 631, 636, 638, 639, and 673 was called to order at 7:41 PM. II. PURPOSE OF HEARING — ZONING APPLICATION NO'S 628, 629, 630, 631, 636, 638, 639, and 673. Request of owners (Robin Cove Subdivision) for an amendment to the Land Use and Urban Development Ordinance of said City from CIassification Suburban Development (SD) to Single Family Dwelling (R-1) on the following described property, to wit: 1. Zoning Application No. 628 Legal Description: Lot 1, Block 1, Robin Cove Subdivision, Section 11, H.T. & B. R.R. Co. Survey, according to the plat records of Brazoria Co., TX (13 719 Robin Spur) Owner: Jerald & Tori Landis 13719 Robin Spur Pearland, Texas 77581-8205 2. Zoning Application No. 629 Legal Description: Lot 8, Block 2, Robin Cove Subdivision, Section 1, H. T. & B. R.R. Co. Survey, according to the plat records of Brazoria Co., TX (5411 Robin Sound) Owner: Donald & Linda Shake 5411 Robin Sound Pearland, Texas 77581 3. Zoning Application No. 630 7 0s 9 Legal Description: Lot 6, Block 2, Robin Cove Subdivision, Section 1, H. T. & B. R.R. Co. Survey, A-504, recorded in the plat records of Brazoria Co., TX (5403 Robin Sound) Owner: Stephen A. & Pauline Strickland 5403 Robin Sound Pearland, Texas 77581 4. Zoning Application No. 631 Legal Description: Lot 4, Block 1, Robin Cove Subdivision, Section II, H. T. & B. R.R. Co. Survey, A-504, according to the plat records of Brazoria Co., TX Owner: Michael Schumann 13811 Maisemore Houston, Texas 77015 5. Zoning Application No. 636 Legal Description: Lot 5, Block 1, Robin Cove Subdivision, Section 11, H. T. & B. R.R. Co. Survey, A-504, according to the plat records of Brazoria Co., TX (5410 Robin Meadow) Owner: Al & Sharon Barajas 5410 Robin Meadow Pearland, Texas 77581 6. Zoning Application No. 638 Legal Description: Lot 2, Block 2, Robin Cove Subdivision, Section 1, H. T. & B. R.R. Co. Survey, A-504, according to the plat records of Brazoria Co., TX (5502 Robin Sound) Owner: Ray & Eleanor Whaley 5502 Robin Sound Pearland, Texas 77581 7. Zoning Application No. 639 Legal Description: Lot 1, Block 1, Robin Cove Subdivision, Section 1, H. T. & B. R. R. Co. Survey, A-504, according to the plat records of Brazoria Co., TX (5514 Robin Sound) Owner: Ray & Eleanor Whaley 5502 Robin Sound 8 9 r) PO -1 Pearland, Texas 77581 8. Zoning Application No. 673 Legal Description: Lot 5, Block 2, Robin Cove Subdivision, Section 1, H. T. & B. R. R. Co. Survey, A-504, according to the plat records of Brazoria Co., TX Owner: Wayne & Debra Dees 5402 Robin Sound Pearland, Texas 77581 The purpose of the public hearing was read into the record by Vice -Chairperson Scott. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. 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 adjourned at 7:45 PM. The Joint Public Hearing adjourned at 7:46 PM. Minutes approved as submitted and/or corrected this 1 '�, day of A.D. 1999 c Tom Reid, Mayor 0