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1996-09-09 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES1 76 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 9, 1996, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The hearing was called to order with the following present: Mayor Councilmember/Mayor Pro Councilmember Councilmember Councilmember Councilmember P & Z Chairman P & Z Vice Chairman Commissioner Commissioner Commissioner City Attorney City Secretary Tom Reid Tem Jerry Richardson Helen Beckman Richard Tetens Larry Wilkins Kevin Cole Rob Larsen Pat Lopez Emil Beltz Jeffery O'Brien Randy Patro Amy McCullough Yolanda Benitez Others in attendance: Assistant City Manager Richard Burdine and City Engineer John Hargrove. Absent: City Manager Paul Grohman and Assistant City Manager Glen Erwin. PURPOSE OF THE HEARING: APPLICATION NO. 75 Request of Allen J. Robinson, owner, 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: Being a 0.9630 acre tract of land and being a part of Lot "G" of Garden Acres Subdivision, Section 1, out of H.C. Johnston 99 -acre tract, being the South 99 acres of the H.T.&B.R.R. Company Survey, Section 7, Abstract No. 219, Brazoria County, Texas, as described in deed recorded in Volume 595, Page 63, of the Deed Records of Brazoria County, Texas (6114 Laurie Street) . 77 STAFF REVIEW: Assistant City Manager Richard Burdine reviewed the property described in the proposed request. He noted that this property is in the area annexed last December. Mr. Burdine also pointed out that a number of requests would be continuing to come in since the residents had been notified of their right to have their properties rezoned with a waiver of the application fee granted by Council for the first year following the annexation. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Allen J. Robinson - 6114 Laurie Street. Mr. Robinson came before Council on behalf of his own request and asked that Council approve his request. He inquired about the advantages of being zoned "residential" as opposed to "Suburban Development". Mayor Reid explained that since he does live on his property, the best choice would be to have his property zoned "residential". Mayor Reid explained the reason for changing the addresses in the recently annexed area was for the purpose of identifying all property for emergency response such as Fire, Police and EMS, and because there were many duplicate addresses within the City limits. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None QUESTION AND ANSWER PERIOD Commissioner Jeffrey O'Brien asked Mr. Robinson if any of the surrounding property owners had any animals on their property. Mr. Robinson stated that one of his neighbors has horses, but they did not present any problem to him, and they had been on that property for several years. ADJOURNMENT The public hearing for Application No. 75 was adjourned at 6:47 p.m. PURPOSE OF HEARING - APPLICATION NO. 76 Request of Robin D. Zapalac, owner, 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: The West 'h of Tract 47, containing 5 acres, more or less, of the Allison - Richey Gulf Coast Home Company Subdivision, Section 19, H.T. &B.R.R. Company Survey, Abstract 243, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas (2539 Zapalac Road). `J After a brief discussion with citizens and several members of the Council concerning the zoning choices and filing procedures, Mayor Reid recommended that the citizens having questions meet with Assistant City Manager Richard Burdine and City Engineer John Hargrove after the Public Hearing in order to obtain the required information. STAFF REVIEW: Assistant City Manager Richard Burdine reviewed the property in question. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Robin D. Zapalac - 2539 Zapalac Road. Mr. Zapalac came before Council and stated that he wants to keep his home as it has been since 1978. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None QUESTION AND ANSWER PERIOD Commissioner Jeffrey O'Brien inquired about zoning of Lots 47 & 48. Mr. Burdine stated that they are currently Suburban Development. ADJOURNMENT The public hearing for Application No. 76 was adjourned at 6:55 p.m. PURPOSE OF HEARING - APPLICATION NO. 77 Request of Reynaldo and Juanita Ramos, 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: Lots 5 & 6, Block 1 of Garden Acres Subdivision, Section 2, being a subdivision in the South 99 acres of the H.T.&B.R.R. Company Survey, Section 7, A-219, as in deed recorded in Vol. 595, Page 63, of the Deed Records of Brazoria County, Texas (6329 Gardenia Street). 79 -- STAFF REVIEW: Assistant City Manager Richard Burdine presented a map of the area involved in the proposed request. He pointed out that this property is in the Garden Acres subdivision as was the first request, but this involves two lots. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Rosanna Ramos - 6329 Gardenia Street. Ms. Ramos came before Council on behalf of her parents. She stated they wished to keep their residence on this property. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None QUESTION AND ANSWER PERIOD None ADJOURNMENT The public hearing for Application No. 77 was adjourned at 7:00 P.M. PURPOSE OF HEARING - APPLICATION NO. 78 Request of Dan R. and Connie L. McMaster, 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: Lot 3, Garden Acres, Section 3, a subdivision of 24 lots being 18.862 acres of land out of Tract 36 of a subdivision of the H.T.&B.R.R. Company Survey, Section 7, Abstract 219, Brazoria County, Texas, according to the map or plat recorded in Volume 10, Page 77, Plat Records, as corrected by Volume 923, page 645, of the Deed Records of Brazoria County, Texas (2614 Thelma Drive). STAFF REVIEW: .-- Assistant City Manager Richard Burdine reviewed a map of the area involved and noted that it is also located in the Garden Acres subdivision as was the previous request. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Dan R. McMaster - 2614 Thelma Drive. Mr. McMaster addressed Council with regard to: 1) is their address Thelma "Drive" or Thelma "Street"? Councilmember Beckman stated that it should be whatever is on their original plat for their property. Mr. McMaster also asked: 2) "will we be getting notification of your decision after you vote?" Mayor Reid stated that a decision would be made by the Planning & Zoning Commission tonight, and then he asked Mr. Burdine to outline what the process would be. Mr. Burdine stated that after the P & Z meets tonight, they will forward their recommendation to Council, and then the council will hear the first reading of the ordinance in two weeks, with the second reading occurring two weeks later. He stated that the property owners can attend the Council meetings to find out Council's decision is. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None QUESTION AND ANSWER PERIOD None ADJOURNMENT The public hearing for Application No. 78 was adjourned at 7:04 p.m. PURPOSE OF HEARING - APPLICATION NO. 79 Request of Anh Ngoc Ho, agent for Vo Vi Friendship Association of Pearland, 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: Lots 3 & 4, Block 2 of Skyway Manor Subdivision, being a subdivision of 68.24 acres out of the West 1/2 of the Northwest 1/4 of Section 15, H.T.&B.R.R. Company Survey, Abstract 241, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 7, Page 67, of the Plat Records of Brazoria County, Texas (2810 Piper Road). STAFF REVIEW: Assistant City Manager Richard Burdine described the area involved in the proposed zone request. He noted that a previous zone request and specific use request had been granted for a religious institution in this same subdivision. Mr. Burdine stated that the next item on the agenda would be to discuss a specific use request regarding the same property. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Odell Harwell - 5005 Woodville. Mr. Harwell addressed Council to voice his support of Council approval of this request. He stated that they are a religious, non-profit corporation and their purpose is to instruct people of all faiths in the area of meditation and prayer. Mr. Harwell stated that they average about ten (10) people at their institution on Sundays, and they are not a noisy group. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 1. Rudy Fernandez - 2822 Piper Road. Mr. Fernandez came before Council to voice his opposition of the zone application. He stated that he lives next door to the meditation center and is concerned about the increased traffic that will be coming in to the residential area because of the center. QUESTION AND ANSWER PERIOD Councilmember Larry Wilkins asked if there would be a limit to the number of people which the center can serve. Mayor Reid stated that this would come up during the specific use portion of the hearing. Councilmember Kevin Cole addressed Mr. Fernandez and stated that the organization was requesting to change from Suburban Development District to Residential District, and explained why the process was necessary and what it entailed. ADJOURNMENT The public hearing for Application No. 79 was adjourned at 7:16 p.m. PURPOSE OF HEARING - SPECIFIC USE NO. 44 Request of Anh Ngoc Ho, agent for Vo Vi Friendship Association of Pearland, owners, for a Specific Use Permit to allow an institution of religious and philanthropic nature in a Single Family Dwelling District (R-1) on the following described property, to -wit: Lots 3 & 4, Block 2 of Skyway Manor Subdivision, being a subdivision of 68.24 acres out of the West 1/2 of the Northwest 1/4 of Section 15, H.T.&B.R.R. Company Survey, Abstract 241, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 7, Page 67, of the Plat Records of Brazoria County, Texas (2810 Piper Road). 6 2 . 1 STAFF REVIEW: Assistant City Manager Richard Burdine presented a map of the area involved in the proposed request. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Odell Harwell - 5005 Woodville. Mr. Harwell came before Council with regard to their request for a Specific Use Permit. He pointed out that they currently have a temporary mobile home on the property. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 1. Rudy Fernandez - 2822 Piper Road. Mr. Fernandez again came before Council to voice his opposition of this establishment in a residential area because of traffic concerns. 2. Barbara Fernandez - 2822 Piper Road. Mrs. Fernandez addressed Council with regard to her opposition of the specific use permit. She pointed out that the Vo Vi Friendship Association is erecting huge building on their property which is the reason for their concern regarding increased traffic. QUESTION AND ANSWER PERIOD Councilmember Beckman asked Mrs. Fernandez if she lived on the south side of the property or between the property and FM 518. Mrs. Fernandez stated that she lives on the south side of the property. Councilmember Beckman then asked what was located on the surrounding property and whether there were other homes in the area. Mr. Harwell stated there are two residences located between his property and FM 518. Councilmember Beckman asked Mr. Harwell if they had already begun building, to which he replied that they have started construction on a permanent building which was begun in August of 1995. Commissioner O'Brien inquired about the size of the structure, to which Mr. Harwell replied that the building is 4,500 square feet. Mr. O'Brien also asked what type of structure it would be (house, church, etc.), and Mr. Harwell stated that it actually is a steel structure which resembles a commercial building. Commissioner Beltz inquired about provisions being made for off-street parking. Mr. Harwell stated that they have a two -acre lot, so there will not be any parking on the street and they have two driveways at present. Commissioner O'Brien inquired about the anticipated attendance after the building is completed. Mr. Harwell stated that he anticipates the same number of attendees as present. r P & Z Vice Chair Pat Lopez asked if the building is erected and Mr. Harwell stated that it is erected, but has not been finished. He noted that they are working on the interior of the building at present. ADJOURNMENT The public hearing on Specific Use No. 44 was adjourned at 7:27 p.m. Mayor Reid announced that the Planning & Zoning Commission would be meeting in the Second Floor Conference Room immediately following the public hearing and stated that the public was invited to attend that meeting. Mi tes a pro ed s submitted and/or corrected this A�tL day of A.D., 1996. ATTEST: Benitez, Secret -�Yl? Tom Reid, Mayor • 0