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1996-09-23 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES5. 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 23, 1996, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The hearing was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Jerry Richardson Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Larry Wilkins Councilmember Kevin Cole P & Z Vice Chairman Pat Lopez Commissioner Emil Beltz Commissioner Jeffery O'Brien Commissioner Randy Patro Commissioner Marshall Eggers City Attorney Amy McCullough City Secretary Yolanda Benitez Others in attendance: Assistant City Managers Richard Burdine and Glen Erwin; and City Engineer John Hargrove. Absent: Planning & Zoning Chair Rob Larsen and City Manager Paul Grohman. Mayor Reid introduced the Council members and the Planning & Zoning Commission members to the audience for clarification purposes. He explained the reason for having public hearings for zone applications and walked through the procedure to be followed for each of the public hearings. Mayor Reid further explained that they would not go back in the agenda, only forward, so he asked that everyone follow their agenda in order to move quickly through the process as there were ten zone applications to be heard. PURPOSE OF THE HEARING: APPLICATION NO. 80 Request of Melvin Dilling, owner, 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: A tract of land called the East 1/2 of the West'/2 of Lot 64 of the Subdivision of Section 9, H.T.&B.R.R. Company Survey, Abstract 234, Brazoria County, Texas, according to the Map or Plat thereof recorded in Volume 2, Page 24, of the Deed Records of Brazoria County, Texas (7029-A Broadway Street) . STAFF REVIEW: Assistant City Manager Richard Burdine reviewed the property involved in the proposed request. He pointed out that the Albertson's property, which was reviewed by Council at a previous hearing and approved, is located adjacent to Mr. Dilling's property. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None QUESTION AND ANSWER PERIOD Councilmember Cole inquired about what is currently on the property and what its intended use is as it was not noted on the application. Commissioner Lopez inquired about the classification of the surrounding properties. Assistant City Manager Burdine explained that the majority of the surrounding properties are zoned General Business. Commissioner Patro asked about the distance from the church to the property involved. Since Mr. Dilling was not in attendance, the question was raised with regard to whether anyone knew if Mr. Dilling was the person who had opposed the building of the church, and City Secretary Yolanda Benitez confirmed that it was. ADJOURNMENT The public hearing for Application No. 80 was adjourned at 6:15 p.m. Mayor Reid explained to the audience that at the end of the Joint Public Hearing, the Planning & Zoning Commission would be retiring to the Second Floor Conference Room to take action on each of the zone applications. He stated that a regular Council meeting was scheduled for 7:30 p.m., so they were going to attempt to adhere to their schedule. PURPOSE OF HEARING - APPLICATION NO. 81 Request of Gerald Munger of Century Engineering, Inc., agent for R & S Land Co., Inc., owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Multi -Family Dwelling District (MF) to Single Family Dwelling District (R-2 PUD) on the following described property, to - wit: Multi -Family Reserve "A", Block 2, being 5.2087 acres out of Cobblestone, a subdivision of 36.074 acres as recorded in Brazoria County Plat Records, Brazoria County, Texas, in Volume 19, Pages 323 and 324 (Magnolia Road) . STAFF REVIEW: Assistant City Manager Richard Burdine reviewed maps of both this property and the property involved in the following request and explained that this was the final phase of this project in rezoning to residential. Mr. Burdine stated that there is a two -foot fence reserve which runs along the front of the property which will need to eventually be rezoned, but he did not anticipate any problems. Discussion followed with regard to the reasons for rezoning to PUD instead of R-2. Assistant City Manager Burdine provided clarification. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Gerald Munger - 3030 S. Gessner, Houston, TX. Mr. Munger stated he was representing Century Engineering, Inc., and requested approval of the zone application. He stated that their present development is out of lots and they are wanting to build more homes, necessitating the rezoning to residential. He stated that the rest of the subdivision is zoned PUD and they are attempting to make the area in the zone application request compatible. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. QUESTION AND ANSWER PERIOD City Engineer John Hargrove stated that he has reviewed the preliminary plat application and it meets the requirements; however, he has returned it to the engineer for minor corrections. ADJOURNMENT The public hearing for Application No. 81 was adjourned at 6:30 p.m. PURPOSE OF HEARING - APPLICATION NO. 82 Request of Gerald Munger of Century Engineering, Inc., agent for R & S Land Co., Inc., owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification General Business District (GB) to Single Family Dwelling District (R-2 PUD) on the following described property, to -wit: M General Business Reserve "B", Block 2, being 3.6544 acres out of Cobblestone, a subdivision of 36.074 acres as recorded in Brazoria County Plat Records, Brazoria County, Texas in Volume 19, Pages 323 and 324 (Magnolia Road & Veterans Road). 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 1. Gerald Munger - 3030 S. Gessner, Houston, TX. Mr. Munger again appeared before Council to request approval of his request on behalf of Century Engineering, Inc., agent for R & S Land Company. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. QUESTION AND ANSWER PERIOD None ADJOURNMENT The public hearing for Application No. 82 was adjourned at 6:37 p.m. PURPOSE OF HEARING - APPLICATION NO. 83 Request of Jasper Willis, 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: Lot 14, Block 2, Skyway Manor Subdivision of the H.T.&B.R.R. Company Survey, Abstract 241, Brazoria County, Texas, according to the Plat Records recorded in Volume 7, Page 67, of the Deed Records of Brazoria County, Texas (2934 Piper Road). STAFF REVIEW: Assistant City Manager Richard Burdine reviewed a map of the area involved in the proposed request, and stated it is an existing residential lot. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Jasper Willis - 2934 Piper Road. Mr. Willis came before Council to request approval of his zone application. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. QUESTION AND ANSWER PERIOD Commissioner O'Brien asked if this was the first property owner in this area to come forward with a zone request. Assistant City Manager Burdine stated that there is a church in the same subdivision, as well as the meditation center. ADJOURNMENT The public hearing for Application No. 83 was adjourned at 6:41 p.m. PURPOSE OF HEARING - APPLICATION NO. 84 Request of Charles Mallynn III, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described property, to -wit: The West Sixty-six feet (W. 66') of Lot Five (5) and the adjoining East Ninety -Five feet (E. 96) of Lot Six (6) of the Partition of the East one-half (E. 1/2) of the Northwest one-quarter (NW. 1/4) of Section Fifteen (15) of H.T.&B.R.R. Co. Survey, Abstract 241 of Brazoria County, Texas, according to the map of record in Volume 441, Page 265, of the Deed Records of Brazoria County, Texas, said map being confirmed per C/C Judgement recorded in Volume 593, Page 56 of the Deed Records of Brazoria County, Texas (6830 Broadway Street). STAFF REVIEW: Assistant City Manager Richard Burdine described the area involved in the proposed zone request. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None. 100 PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. QUESTION AND ANSWER PERIOD Upon inquiry from Councilmember Cole, Assistant City Manager Burdine stated that one of the adjoining lots has been rezoned commercial, and the others are still suburban development. Commissioner Patro asked what the intended use was for the property, and Mr. Burdine explained that the applicant was not required to disclose that information. Commissioner O'Brien inquired about what was presently on the property to which Mr. Burdine replied that it is a residence. A lengthy discussion followed regarding uses for General Business and Commercial Districts and the types of information provided to the applicants when they submit their zone applications. ADJOURNMENT The public hearing for Application No. 84 was adjourned at 6:59 p.m. PURPOSE OF HEARING - APPLICATION NO. 85 Request of Dave E. and Diana Rickey Hamm, owners, for an amendment to the Land Use and Urban Development Ordinance of said city from Classification Suburban Development District (SD) to Commercial District (C) on the following described property to -wit: Tract 15, of Westchester Estates, according to the Jack C. McKnight Survey thereof dated April 6, 1962, a partition of Section 17, H.T.&B.R.R. Company Survey, Abstract 242, patented to Samuel Meyer, Assignee, by Patent No. 15, Volume 12 (2726 Westchester Circle). STAFF REVIEW: Assistant City Manager Burdine reviewed a map of the area involved in the proposed zone request. Councilmember Tetens inquired whether the applicants were aware of what was involved in their request to change to "Commercial District". It was then pointed out that the zone application was to change from Classification Suburban Development District (SD) to "Single Family Dwelling District (R-1)" and not "Commercial District (C)" as listed on the agenda. It was then recommended that this item be tabled until correction could be made and the public hearing rescheduled. ADJOURNMENT The public hearing on Application No. 85 was tabled at 7:05 p.m. until such time as it can be rescheduled. PURPOSE OF HEARING - APPLICATION NO. 86 Request of Jesus Garcia, agent for Susana Garcia, 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: Lot 34, a tract of land being part of and out of Westchester Estates, a partition in the H.T.&B.R.R. Co. Survey, Abstract 242, in Brazoria County, Texas, (2812 Manvel Road) . STAFF REVIEW: Assistant City Manager Richard Burdine described the area involved in the proposed zone request. He stated that the property currently has a tire shop on it. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. QUESTION AND ANSWER PERIOD None. ADJOURNMENT The public hearing for Application No. 86 was adjourned at 7:10 p.m. 0 1 PURPOSE OF HEARING - APPLICATION NO. 87 Request of Joyce A. and Jack D. McGuff, 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 & 7 out of Westchester Estates, a partition of 38.2531 acres out of the H.T.&B.R.R. Co. Survey, A-242, Brazoria County, Texas, (2850 Westchester Circle). STAFF REVIEW: Assistant City Manager Richard Burdine reviewed a map of the area involved in the proposed zone request and stated that there are three lots involved in the request. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Jack McGuff - 2850 Westchester Circle. Mr. McGuff addressed Council with regard to his zone application and requested approval of his request from Suburban Development to R-1. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. QUESTION AND ANSWER PERIOD None. ADJOURNMENT The public hearing for Application No. 87 was adjourned at 7:15 p.m. PURPOSE OF HEARING - APPLICATION NO. 88 Request of Larry D. and Teresa A. Hood, 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 16 being 6.0 acres of land of the East One -Half (E 1/2) of the Northwest One -Quarter (NW 1/4) of Section 15, H.T.&B.R.R. Co. Survey, Abstract 241, Brazoria County, Texas, as shown by plat of partition recorded in Vol. 441, Pg. 265, Deed Records, Brazoria County, Texas (6725 Fite Road). STAFF REVIEW: Assistant City Manager Richard Burdine described the area involved in the proposed zone request and noted that the following request for a Specific Use Permit to allow for animal husbandry involved the same property. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. QUESTION AND ANSWER PERIOD None. ADJOURNMENT The public hearing for Application No. 88 was adjourned at 7:17 p.m. PURPOSE OF HEARING - SPECIFIC USE NO. 45 Request of Larry D. and Teresa A. Hood, owners, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit to allow animal husbandry in a Single Family Dwelling District (R-1) on the following described property, to -wit: Lot 16 being 6.0 acres of land of the East One -Half (E 1/2) of the Northwest One -Quarter (NW 1/4) of Section 15, H.T.&B.R.R. Co. Survey, Abstract 241, Brazoria County, Texas, as shown by plat of partition recorded in Vol. 441, Pg. 265, Deed Records, Brazoria County, Texas (6725 Fite Road). STAFF REVIEW: Assistant City Manager Richard Burdine stated that this request was a follow-up of the previous zone request to go to R-1. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. QUESTION AND ANSWER PERIOD Councilmember Tetens inquired about the types of animals which will be kept on the property. This question was referred back to the Planning & Zoning Commission for resolution prior to presenting this to the Council for consideration. ADJOURNMENT The public hearing for Specific Use No. 45 was adjourned at 7:21 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. M'Ea= d as submitted and/or corrected this day of A. D., 1996. Tom Reid, Mayor ATTEST: �l 0 �.�I f Benitez,�City Sq6reta