1996-11-11 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES164
MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD
ON NOVEMBER 11, 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
Councilmember
Councilmember
Councilmember
Councilmember
P & Z Chairman
Commissioner
Commissioner
Commissioner
Commissioner
City Manager
City Attorney
City Secretary
Tom Reid
Pro Tem Jerry Richardson
Helen Beckman
Richard Tetens
Larry Wilkins
Kevin Cole
Rob Larsen
Emil Beltz
Mary Starr
Randy Patro
Marshall Eggers
Paul Grohman
Amy McCullough
Yolanda Benitez
Others in attendance: Assistant City Managers Richard Burdine and Glen Erwin; Police
Chief Mike Hogg; and City Engineer John Hargrove.
Mayor Reid introduced the Council members and the Planning & Zoning Commission
members to the audience. He explained the procedures to be followed for each of the
public hearings. Mayor Reid further explained that they would not go back in the
agenda. He stated that everyone would be allowed three minutes to speak.
PURPOSE OF THE 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 Single Family Dwelling District (R-1) 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).
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STAFF REVIEW:
Assistant City Manager Richard Burdine reviewed the property involved in the proposed
request. He noted that there have been a number of re -zone requests in this subdivision
in order to have all the properties in this area in compliance.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Dave Hamm - 2726 Westchester Circle. Mr. Hamm appeared before Council to
request that they approve his zone application to R-1 classification.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
QUESTION AND ANSWER PERIOD
►=
ADJOURNMENT
The public hearing for Application No. 85 was adjourned at 6:40 p.m.
PURPOSE OF HEARING
Request of the City of Pearland for an amendment to the Land Use and Urban
Development Ordinance of said City as follows:
To allow for a Comprehensive Subdivision Directional Signs Program
STAFF REVIEW:
Assistant City Manager Richard Burdine explained the nature of this request. He pointed
out that this was a two-part request with the first part being a proposed change to the
zoning ordinance to allow for a comprehensive subdivision directional signs program.
Mr. Burdine stated that the second part of the request was to consider a specific use
permit for a program that is being proposed.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Dolores Fenwick - 1910 Washington Irving. Mrs. Fenwick stated that she was
representing Clean Pearland and the Pearland/Hobby Area Chamber of
Commerce and they are in support of this proposed change to the zoning
ordinance. She noted that this will alleviate a large portion of the clutter now seen
on the main thoroughfares. Mrs. Fenwick pointed out that the builders and
developers came together to work on this program, found the financing, and are
committed to seeing it to completion.
2. Renee West - 2510 Westminister. Ms. West spoke before Council as a
representative of the builders and developers who are funding this program. She
pointed out that there are over 45 builders and developers involved in the
program, and the number of signs will be cut down tremendously.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
QUESTION AND ANSWER PERIOD
Councilmember Kevin Cole spoke in support of the proposed request and commended
the builders and developers for coming up with this program.
ADJOURNMENT
The public hearing for this request was adjourned at 6:55 p.m.
PURPOSE OF HEARING - SPECIFIC USE NO. 46
Request of Pearland Area Homebuilders and Developers for an amendment to the
Land Use and Urban Development Ordinance of said City for a Specific Use
Permit to allow for a comprehensive subdivision directional signs program on the
following described property, to -wit:
Major corridors defined as the area within five hundred feet (500') of the
right-of-way of SH288 from Clear Creek to the City's southern extraterritorial
jurisdiction (ETJ) Boundary, Broadway (FM518) from the east city limit to
SH288, Main Street from Clear Creek to the Southern ETJ boundary, Dixie
Farm Road from the Northeast city limit to Main Street, Oiler Drive from
Main Street to Centennial Boulevard and Centennial Boulevard from Oiler
Drive to Blackhawk Boulevard.
STAFF REVIEW:
Assistant City Manager Richard Burdine reviewed exhibits and presented a slide
presentation of the proposed sign program. He asked Renee West to assist him with the
presentation. Ms. West distributed samples of the proposed signs to the
Councilmembers and Commission members. Mr. Burdine stated where the signs would
be located, what information they would contain, and the proposed sizes of the signs.
167
Ms. West provided additional information on the proposed subdivision directional signs.
She stated that the 45+ builders and developers are funding 100% of the cost of the sign
program. It will be a three-year program, and after that time, the group will be required
to resubmit their request and go through the process again. After inquiry from
Councilmember Richardson, Ms. West noted that the cost of the program will be
approximately $100,000.00.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Delores Fenwick - 1910 Washington Irving. Mrs. Fenwick again appeared before
Council to request approval of this request on behalf of Clean Pearland and the
Chamber of Commerce.
2. Rick Carlisle - David Powers Homes. Mr. Carlisle voiced his support of this
program on behalf of the builders and developers. He stated this will be an asset
to the city.
3. Gary Hudson - Pulte Homes. Mr. Hudson came before Council to express his
support of the proposed sign program.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
QUESTION AND ANSWER PERIOD
None
ADJOURNMENT
The public hearing for Specific Use No. 46 was adjourned at 7:11 p.m.
PURPOSE OF HEARING - APPLICATION NO. 89
Request of Jimmy and Adrienne Taylor, owners, for an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Single
Family Dwelling District (R-1) to General Business District (GB) on the following
described property, to -wit:
Tract I being a 0.64 acre tract of land called Lot 1 and Tract II being a 0.66
acre tract of land called Lot 2, out of 5.3 acres conveyed in Deed from M.N.
McGlathery et ux to L.M. McGlathery, recorded in Volume 661, page 628,
Deed Records of Brazoria County, Texas, said 5.3 acre tract being out of
•
a 27.09 acre tract, being that part of the Dagg 34 acre tract, in the W.D.C.
Hall League, Abstract 70, in Brazoria County, Texas, which lies North of the
centerline of F.M. Road No. 518 (3224 Patricia Lane).
STAFF REVIEW:
Assistant City Manager Richard Burdine reviewed a map of the area involved in the
proposed request. He stated that all of the properties that front on Patricia Lane are
single-family homes. Mr. Burdine noted that this area is one of the few where we don't
have commercial zoning along Broadway, and stated that the city is over -zoned along
the major thoroughfares. He stated that he feels this request would be a big disruption
to a very peaceful neighborhood and recommended that this request be denied.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Jimmy Taylor - 3224 Patricia Lane. Mr. Taylor came before Council to request
approval of his zone application. He stated that the majority of the property along
FM 518 is already zoned commercial.
2. Joe Reeves - 3223 Patricia Lane. Mr. Reeves appeared before Council to voice
his support of. Mr. and Mrs. Taylor's request. He stated that he was in
concurrence with Mr. Taylor's comments that FM 518 is very noisy and that the
two end properties (his and Mr. Taylor's) suffer the results of the noise and heavy
traffic.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
1. Troy Holley - 3219 Regal Oaks. Mr. Holley stated that he was in strong
disagreement with approving the rezoning of this property to commercial district.
2. Lynn Grosjean - 3221 Regal Oaks. Ms. Grosjean stated that the traffic in this area
is noisy, but she does not feel that this is reason enough to rezone the property
to General Business.
3. Jim Sawyer - 3101 Patricia Lane. He noted that Patricia Lane is a dead-end street
and the Taylor's home is the entrance to the street and is an attractive entrance,
and he would like to see it remain as a residential area.
4. Mark Dailey - 3219 Patricia Lane. Mr. Dailey voiced his formal opposition to
Application #89 for the rezoning of 3224 Patricia Lane from R-1 to Commercial.
He read a letter which he has mailed to the Mayor, Council and City Manager
outlining the reasons for his opposition. Mr. Dailey reiterated Mr. Sawyer's
comments regarding the beauty of the property in question.
5. Everet Rogers - 3216 Patricia Lane. Mr. Rogers voiced his opposition to this
t
request and stated that rezoning to Commercial would possibly decrease the
properly values of the surrounding properties.
6. Deborah James - 3220 Regal Oaks. Ms. James voiced her concern with this
becoming a trend - rezoning all properties fronting on FM 518 to Commercial or
General Business. She noted -her opposition to this proposed request.
7. Joe James - 3220 Regal Oaks. Mr. James stated that he is in opposition to the
granting of this request. He noted that if this property is rezoned to Commercial,
then the other residents will be subjected to additional noise.
8. Donald Treadwell - 3105 Patricia Lane. Mr. Treadwell noted that their homes are
on Patricia Lane and requested that Council take that into consideration.
9. David Moore - 3213 Regal Oaks. Mr. Moore noted that he has lived at his
residence for 18 years and is in, strong opposition to the rezoning of this property
due to the possibility of increased noise and detracting from the normal demeanor
of the neighborhood.
10. Jo Laird - 3222 Regal Oaks. Ms. Laird presented Council with a petition signed
by the majority of the residents on Patricia Lane and Regal Oaks in opposition of
the proposed request.
11. Randy Beaman - 3201 Patricia Lane. Mr. Beaman voiced his opposition of
Application #89.
12. Herma Tafelski - 3203 Patricia Lane. Ms. Tafelski stated that her family has lived
in this area for 28 years, has paid off her mortgage, and wishes to remain on
Patricia Lane and have it be zoned as residential. She noted that rezoning the
Taylor's property to commercial would be a detriment to the area.
13. Marie Stryk - 3210 Patricia Lane. Ms. Stryk noted that her family has lived on
Patricia Lane for 27 years and they wish for it to remain residential, and are
strongly opposed to rezoning the property in question to commercial.
14. Donna Tafelski - 3203 Patricia Lane. Ms. Tafelski stated that she wishes for the
property in question to remain residential and noted that she is strongly opposed
to rezoning the property to commercial.
15. Leo Chmielowiec - 3206 Patricia Lane. Mr. Chmielowiec wanted to go on record
as being opposed to the property in question being rezoned to commercial.
QUESTION AND ANSWER PERIOD
None
170
ADJOURNMENT
The public hearing for Application No. 89 was adjourned at 7:35 p.m.
Mayor Reid explained that the Council would not be taking action on any of the items
presented before them this evening. He further explained that the Planning Commission
would be retiring to the Second Floor Conference Room immediately following the Joint
Public Hearing, and they would be addressing each request at that time and come up
with their recommendations for Council consideration at a future Council meeting.
PURPOSE OF HEARING - APPLICATION NO. 90
Request of Clayton Dykes, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Commercial District (C)
to Light Industrial District (M-1) on the following described property, to -wit:
A 1.6458 acre tract of land being a 1.4246 acre tract out of Lot 129 of the
Subdivision of Section 1, A.C.H.&B. Survey, Abstract 147, Brazoria County,
Texas, and a 0.2212 acre tract being the West 25 feet of an abandoned 50
foot road right-of-way adjoining the East line of the 1.4246 acre tract (Old
Alvin Road and State Highway 35).
STAFF REVIEW:
Assistant City Manager Richard Burdine described the area involved in the proposed
request. He pointed out that most of the frontage of the property is on Old Alvin Road.
Mr. Burdine stated that there are already properties zoned M-1 and M-2 in the areas
surrounding the property in question. He noted some of the uses for Commercial
District, as well as those for Light Manufacturing District, and noted the difference
between the two.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Clayton Dykes - 2202 Shadybend. Mr. Dykes requested Council approval of his
request and noted that it will be used to store his construction -related equipment
and tools. He pointed out that he will abide by any facade and landscape
ordinances which the city has in place.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
171
QUESTION AND ANSWER PERIOD
0-1
Upon inquiry from Councilmember Beckman, it was clarified that the primary reason for
rezoning the property is because it will be used for storage of equipment, and this is not
allowed under Commercial District.
ADJOURNMENT
The public hearing for Application No. 90 was adjourned at 7:45 p.m.
PURPOSE OF HEARING - APPLICATION NO. 91
Request of Bobby Shotwell, owner, for an amendment to the Land Use and Urban
Development Ordinance of said city from Classification Suburban Development
District (SD) to Light Industrial District (M-1) on the following described property
to -wit:
A 3 acre tract of land out of a 10 -acre tract, situated in the west '/2 of the
northeast 1/4 of Section 15, of the H.T.&B.R.R. Co. Survey, Abstract 241,
Brazoria County, Texas (6613 Fite Road).
STAFF REVIEW:
Assistant City Manager Burdine reviewed a map of the area involved in the proposed
zone request, and pointed out where the property is located in comparison to West Oaks
Village. He stated that this area is in the area annexed last December.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Bobby Shotwell - 6613 Fite Road. Mr. Shotwell came before Council to request
approval of his zone application. He stated that he has a shop located on the
property, has equipment stored there, has a maintenance repair shop and office
at the back of the property which is used for a demolition business.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
1. Barbara Jackson - 6405 Sage Court. Ms. Jackson stated that her family had just
moved in to their home in West Oaks Village two weeks ago, and they are in
opposition of this zone request. She voiced her concern that the remaining seven
acres surrounding the three acres in the proposed request would be rezoned to
industrial at a future date if this request is granted at this time. Ms. Jackson
pointed out that they had done extensive research before moving their family to
West Oaks Village and are very much opposed to the surrounding area being
turned into an industrial district.
2. Jack Carson - 2019 Country Club, Sugarland, Tx. Mr. Carson stated that he owns
property west of the property in question and his family has owned that property
for over 55 years. He requested that the property remain residential, as rezoning
it to industrial would have a significant impact on the surrounding properties.
3. Jennifer Porter - 2706 West Oaks Circle. Mrs. Porter stated that her family had
recently moved to Pearland from Louisiana and they had searched extensively for
a quiet, peaceful area to make their home and wished it to remain that way.
4. Mike Baugh - 2817 Red Oak Lane. Mr. Baugh stated that he had also done
extensive research in looking for a master planned community and had chosen
West Oaks Village. He stated that Mr. Shotwell presently has heavy equipment
on his property which can be heard through closed windows and doors
throughout all hours of the day and night. Mr. Baugh further stated that the
property in question is an "eyesore" to the community and can serve as a
deterrent to families moving into the area.
5. Carol Campbell - 2820 Red Oak Lane. Mrs. Campbell wished to go on record as
being against the granting of this request.
6. Michaela Price - 2705 West Oaks Circle East. Mrs. Price stated that she moved
into the subdivision five weeks ago and is opposed to the proposed zone request.
She requested that Council deny the request because of the master -planned
development going on in this area and because rezoning would impair future
plans and development.
7. Kevin Lufkin - 6303 Palm Court. Mr. Lufkin noted that there are very strict deed
restrictions in their subdivision which they all abide by. He pointed out that the
PISD plans to build schools along Fite Road in the future and already have signs
with regard to that. Mr. Lufkin stated that he is strongly opposed to the proposed
request.
8. Rod Price - 2705 West Oaks Circle East. Mr. Price stated that when he moved
into his home five weeks ago, the subdivision had been presented as a master -
planned community, and wished to go on record as being opposed to the
granting of the request.
9. Mike Fortnoy - 6511 Sage Court. Mr. Fortnoy stated that he had moved to his
home less than a month ago with the understanding that this area would remain
residential. He stated he was in opposition to the proposed zone request for
safety and environmental reasons.
10. Will Fairbanks - 6307 Palm Court. Mr. Fairbanks wished to go on record as being
opposed to the rezoning. He stated there already is noise pollution because of
the property in question.
173
11. Ellen Gillespie - 2710 West Oaks Blvd. Mrs. Gillespie stated she is in opposition
to the proposed rezoning.
12. Randall Knight - 2713 Maple Lane. Mr. Knight stated that he is in opposition to
the proposed request. He stated that changing the zoning in this area would not
be a good marketing tool for the City of Pearland. Mr. Knight asked that Council
consider the inappropriateness of having heavy equipment in a residential area,
and requested that they deny the request.
13. Joe Magallan - 2724 West Oaks Blvd. Mr. Magallan stated that he is in opposition
to the proposed zone request.
14. O.F. Case - 2723 West Oaks Blvd. Mr. Case stated that the subdivision had been
presented as a totally controlled environment when he purchased his home. He
stated that the rezoning will detract from the value of his property.
15. Hank Luft - 2704 West Oaks Circle East. Mr. Luft stated that he had also
conducted extensive research before purchasing his home in West Oaks, and
noted that he does not want heavy equipment tearing up the roads and stated
that he is against this request.
16. Eric Tenneman - 6501 Sage Court. Mr. Tenneman moved to this subdivision six
weeks ago from Louisiana. He had previously lived close to an industrial district
and stated he did not wish to do that again. Mr. Tenneman stated that the
surrounding area is residential and this rezone request should not be allowed in
this area.
17. Paul Marcaccio - 6304 Palm Court. Mr. Marcaccio wished to go on record as
being opposed to this rezoning.
18. Renee West - 2510 Westminister. Ms. West stated that she was representing the
developer, West Development, and the homeowners association. She noted that
this project had been started in 1990 and that the Shotwell's property consisted
of a house and has now built up to be quite an "eyesore". Ms. West pointed out
that the land adjacent to the Shotwell's property is going to be developed within
the next year and will contain over $10 million of improvements. She stated that
there are over 200 homeowners in West Oaks which represents in excess of $30
million of value in this area. Ms. West requested that this area stay residential in
the best interest of the city and the homeowners in the area.
QUESTION AND ANSWER PERIOD
None
ADJOURNMENT
174
The public hearing on Application No. 91 was adjourned at 8:05 p.m.
PURPOSE OF HEARING - APPLICATION NO. 92
Request of Greg G. Gardiol, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Single Family Dwelling
District (R-1) to General Business District (GB) on the following described
property, to -wit:
2.0474 acres of land, being part of Lots 22 & 23 of the George W. Jenkins
Subdivision in the W.D.C. Hall League, A-70 in Brazoria County, Texas,
(2600 Dixie Farm Road).
STAFF REVIEW:
Assistant City Manager Richard Burdine described the area involved in the proposed
zone request. He explained that this property is north of FM 518.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Greg Gardiol - 2600 Dixie Farm Road. Mr. Gardiol stated that his family has
owned this property for 40 years. He stated that since there are plans to widen
Dixie Farm Road, a general business district could be supported in this area.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
1. Will Ferguson - 1621 Rayburn Lane. Mr. Ferguson came before Council to state
his opposition to the proposed request. He also read a letter from Mildred Bender
of 1624 Rayburn Lane, who was ill and unable to attend the public hearing, and
who is strongly opposed to the rezoning of this property because of traffic
concerns. Mr. Ferguson presented photographs of the area which were taken on
the previous Saturday. He pointed out that two cars cannot pass on the street at
present, so with a business at the end of the street, the flow of traffic would be
impossible. Mr. Ferguson stated that Rayburn Lane is a very quiet street and that
any type of change would have a negative impact on the residents.
2. Noe Calvillo - 1615 Rayburn Lane. Mr. Calvillo voiced his opposition to the
rezoning of the property in question.
3. Stormy Cook - 1626 Rayburn Lane. Mr. Cook stated that Rayburn Lane is a very
narrow street - only has room for one car at a time. He pointed out that there is
no cul-de-sac or turnaround; therefore, people would have to use his driveway to
turnaround. Mr. Cook noted that he has small children and the increased traffic
would endanger them. He pointed out that the only way Rayburn Lane could
175
support a business would be to widen the street and make a cul-de-sac at the
end of the street.
4. Wilma Jean Rayburn - 1609 Rayburn Lane. Mrs. Rayburn stated that she has
lived at her place of residence for 35 years and is opposed to the rezoning of the
property in question.
It was pointed out that all of the homeowners on Rayburn Lane had been represented
this evening.
QUESTION AND ANSWER PERIOD
Councilmember Larry Wilkins requested clarification on the typical retail uses for the area.
Assistant City Manager Richard Burdine noted that any business that is allowed under
"General Business" could go in at that location, i.e. convenience store, dry cleaners, etc.
ADJOURNMENT
The public hearing for Application No. 92 was adjourned at 8:20 p.m.
PURPOSE OF HEARING - APPLICATION NO. 93
Request of Gerald Munger, Jr. 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:
That portion of the 2 -Foot Fence Reserve "E", Block 2, 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 as follows: North
of and adjacent to Multi -Family Reserve "A" and General Business Reserve
"B" of the aforementioned subdivision and south of and adjacent to
Magnolia Road; and east of and adjacent to General Business Reserve "B"
of the aforementioned subdivision and west of and adjacent to Veterans
Road.
STAFF REVIEW:
Assistant City Manager Richard Burdine reviewed a map of the area involved in the
proposed zone request and stated that the 2 -foot fence reserve was inadvertently left off
of the previous request on two lots that were rezoned to R-2 PUD in the Cobblestone
Subdivision.
am
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Javier Casas- Century Engineering, Inc. Mr. Casas came before Council to voice
his support for the proposed zone application and requested approval of the
request.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
QUESTION AND ANSWER PERIOD
None
ADJOURNMENT
The public hearing for Application No. 93 was adjourned at 8:24 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.
Minut appro ed as submitted and/or corrected this ad� day of
A.D., 1996.
Tom Reid, Mayor
ATTEST:
Yoliedg C. Benitez, Cit Secretary