1996-11-25 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESum
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 25, 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
Tom Reid
Councilmember/Mayor Pro Tem
Jerry Richardson
Councilmember
Helen Beckman
Councilmember
Richard Tetens
Councilmember
Larry Wilkins
Councilmember
Kevin Cole
P & Z Chairman
Rob Larsen
P & Z Vice Chairman
Pat Lopez
Commissioner
Emil Beltz
Commissioner
Mary Starr
Commissioner
Randy Patro
City Attorney
Amy McCullough
City Secretary
Yolanda Benitez
Others in attendance: Assistant City Manager Richard Burdine; Police Chief Mike Hogg;
City Engineer John Hargrove; and Assistant Economic Development Director John
Bowman.
Mayor Reid explained the procedures to be followed for each of the public hearings. He
pointed out that agendas were available at the back of the room for those who wished
to follow along.
PURPOSE OF THE HEARING: APPLICATION NO. 94
Request of James Medearis, 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:
A 9.014 acre tract of land in the Northwest '/4 of the Northwest 1/4 of the
H.T.&B.R.R. Company Survey, Section 17, Abstract 242, Brazoria County,
Texas (8210 Broadway).
191
STAFF REVIEW:
Assistant City Manager Richard Burdine reviewed a map of the property involved in the
proposed request.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
None
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
COUNCIL/STAFF DISCUSSION
Councilmember Cole asked if Mr. Medearis' entire tract was being zoned commercial,
and Mr. Burdine stated that it was.
ADJOURNMENT
The public hearing for Application No. 94 was adjourned at 6:39 p.m.
PURPOSE OF HEARING: APPLICATION NO. 95
Request of Leo J. Gabriel, 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:
1.7512 acres of land, more or less, not platted, by lying on the north side
of that 2.6513 acre tract platted as Gabriel Enterprises Subdivision which
was filed at Vol. 19, pages 291-292 of the Deed Records of Brazoria
County, and being out of a 12.00 acre tract, recorded in Vol. 868, page
239, Deed Records of Brazoria County, Texas, and being part of Vol. 595,
page 63, Deed Records of Brazoria County, Texas (5915 W. Broadway).
STAFF REVIEW:
Assistant City Manager Richard Burdine reviewed a map of the property in question.
He pointed out that Mr. Gabriel was in attendance and would be available to answer any
questions the Council might have.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Leo J. Gabriel - 12505 Roy Road. Mr. Gabriel requested Council approval for his
zone application to Commercial District for the purpose of either building a mini-
storage/boat stalls or possibly sell the property. He stated that the plumbing
company that is on the property now may possibly buy the property and add a
building and parking lot. Mr. Gabriel noted that what he would like is to have the
property zoned M-1, and Assistant City Manager Burdine explained that his
request was for zoning the property Commercial (C), and explained the uses
allowed under that designation.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
1. Michael Cotter - 2547 Lazy Bend. Mr. Cotter stated that he was concerned about
having commercial property adjacent to a residential area. He pointed out that
this area should be confined to residential property, and stated that the majority
of the property owners in this area are requesting rezoning from Suburban
Development to Residential. Mr. Cotter expressed concern with the possibility of
declining property values in this subdivision if the property in question is rezoned
to Commercial District. He also expressed concerns with possible nuisances such
as lighting, noise, hours of operation, safety issues, flooding problems, and
increased traffic. Mr. Cotter noted his opposition to this request.
2. Wallace Longoria - 2627 Lazy Bend. Mr. Longoria noted that he has lived at this ---
address for over 26 years. He reiterated the concerns expressed by Mr. Cotter.
Mr. Longoria further stated that granting the request would not enhance the
property values of the residents in the area.
3. George McCaa - 2613 Lazy Bend. Mr. McCaa addressed Council with regard to
the property in question. He noted that he is highly opposed to the granting of
this request.
4. Edith Longoria - 2627 Lazy Bend. Mrs. Longoria expressed her concern with
pollution which may be caused by a commercial establishment. She also noted
her concern with regard to increased traffic. She thanked the Council and staff
for "the most beautiful" bridge which has been put up in front of her house.
5. Michael Cotter - 2547 Lazy Bend. Mr. Cotter addressed Council again to state
that he had spoken to the surrounding neighbors who were not able to attend the
hearing, and they are also against this zone application being approved.
COUNCIL/STAFF DISCUSSION
Councilmember Kevin Cole inquired about access to the property, and Assistant City
Manager Burdine stated that it is platted and pointed it out on the map of the property.
193
Councilmember Richard Tetens asked whether there are residences on the remaining
lots, to which Mr. Burdine replied that most of the properties are residential, with a few
lots being vacant.
ADJOURNMENT
The public hearing for Application No. 95 was adjourned at 6:58 p.m.
PURPOSE OF HEARING - APPLICATION NO. 96
Request of Rudolph and Randy Martinez, 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:
1.00 acre of land out of 3.144 acre tract of land out of Lot 23 of the Allison
Richey Gulf Coast Home Company's Suburban Garden's Subdivision of
Section 8, H.T.&B. R.R. Co. Survey, A-504, Brazoria County, Texas, said
subdivision recorded in Vol. 2, Page 23 of the plat records of Brazoria
County, Texas (6913 Broadway).
STAFF REVIEW:
Assistant City Manager Richard Burdine reviewed a map of the property in question.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
None
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
COUNCIL/STAFF DISCUSSION
Councilmember Cole asked if there was an existing business on this property, and
Assistant City Manager Burdine stated that there is. Councilmember Richardson inquired
about what was located on the opposite corner of the property in question, and Mr.
Burdine replied that a good portion of that property is vacant.
ADJOURNMENT
The public hearing for Application No. 96 was adjourned at 7:02 p.m.
PURPOSE OF HEARING - SPECIFIC USE NO. 47
Request of Dan M. Worrall, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City for a Specific Use Permit to allow a single
family house with barn, hay pasture, and two to three horses in a Suburban
Development District -Business Compatible on the following described property,
to -wit:
18.4 acres out of the T.D. Yocum Survey, A-399 and the A.C.H.&B. Survey,
A-147, Brazoria County, Texas (John Lizer Road).
STAFF REVIEW:
Assistant City Manager Richard Burdine reviewed a map of the area involved in the
proposed request. He pointed out that the City had previously purchased a piece of
property where a detention pond is being dug out which is adjacent to the property in
question.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Rita White - 1203 Addington, Katy, Texas. Mrs. White addressed Council on
behalf of her father, Dan Worrall, and requested that approval be granted to his
request.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
COUNCIL/STAFF DISCUSSION
None
ADJOURNMENT
The public hearing for Specific Use No. 47 was adjourned at 7:08 p.m.
PURPOSE OF HEARING - APPLICATION NO. 97
Request of Allen Patschke, owner, for an amendment to the Land Use and Urban
195
Development Ordinance of said City from Classification Suburban Development
District (SD) to General Business District (GB) on the following described property,
to -wit:
The East 10.0 feet of Lot 7 and the West 70.0 feet of Lot 6 of the partition
of the Mahanay Lands, H.T.&B. R.R. Co. Survey, Section 15, Abstract 241,
Brazoria County, Texas (6834 Broadway).
STAFF REVIEW:
Assistant City Manager Richard Burdine described the area involved in the proposed
request and noted that it is the same area involved in the next agenda item.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Allen Patschke - 6834 Broadway. Mr. Patschke requested Council approval of his
zone application request and noted that the following specific use request was for
this same property.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
COUNCIL/STAFF DISCUSSION
None
ADJOURNMENT
The public hearing for Application No. 97 was adjourned at 7:12 p.m.
PURPOSE OF HEARING - SPECIFIC USE NO. 48
Request of Allen Patschke, owner, for an amendment to the Land Use and Urban
Development Ordinance of said city for a Specific Use Permit to allow an existing
single family dwelling in a General Business District (GB) on the following
described property to -wit:
The East 10.0 feet of Lot 7 and the West 70.0 feet of Lot 6 of the partition
of the Mahanay Lands, H.T.&B. R.R. Co. Survey, Section 15, Abstract 241,
Brazoria County, Texas (6834 Broadway).
STAFF REVIEW:
Assistant City Manager Burdine stated that the property was the same as that previously
shown for Application No. 97.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
1. Allen Patschke - 6834 Broadway. Mr. Patschke again addressed Council to
request that they approve his specific use permit so that he can keep his
residence on this property.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None
COUNCIL/STAFF DISCUSSION
None
ADJOURNMENT
The public hearing on Specific Use No. 48 was adjourned at 7:15 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 they would
be making their decisions on each of these applications at that time.
Mi t s appr ved as submitted and/or corrected this J day of
A.D., 1996.
Tom Reid, Mayor
ATTEST:
Yol d C. Benitez, Ci y Secretary