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1996-12-09 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES1 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 9, 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 Councilmember/Mayor Pro Councilmember Councilmember Councilmember P & Z Vice Chairman Commissioner Commissioner Commissioner Commissioner City Attorney City Secretary Tom Reid Tem Jerry Richardson Helen. Beckman Larry Wilkins Kevin Cole Pat Lopez Emil Beltz Mary Starr Randy Patro Jack Mathis Amy McCullough Yolanda Benitez Others in attendance: Assistant City Manager Richard Burdine; and City Engineer John Hargrove. Absent: Councilmember Richard Tetens Mayor Reid explained the procedures to be followed for each of the public hearings, and noted that they would not go back on the agenda, so persons wishing to speak would have the appropriate opportunity to do so. PURPOSE OF THE HEARING: APPLICATION NO. 98 Request of Josephine M. Leggio, owner, Urban Development Ordinance of se Development District (SD) to Commerck property, to -wit: for an amendment to the Land Use and d City from Classification Suburban I District (C) on the following described Lots "A", "B", and 18 of Garden Acres, Section 3, a subdivision of 18.862 acres of land out of Tract 36 of a subdivision of the H.T.&B.R.R. Company Survey, Section 7, Abstract No. 219, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 10, Page 77 of the plat records of Brazoria County, Texas. 217 STAFF REVIEW: Assistant City Manager Richard Burdine reviewed a map of the property involved in the proposed request. He stated that the three lots involved in the request are vacant at this time. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Josephine Leggio - . Mrs. Leggio came before Council to request approval of her zone application. She stated that she was unclear as to whether she should have requested the rezoning for the entire piece of property or just a portion of it. It was noted that this would be addressed during the "Question and Answer" portion of the agenda. 2. B. J. Leggio - . Mr. Leggio asked if this properly could be zoned commercial. Mayor Reid reiterated that this would be addressed during the "Question and Answer" period. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 1. Jean Rader - 2626 O'Day Road. Ms. Rader addressed Council on behalf of her parents, Mr. & Mrs. Eugene Rader. She noted that they have no objection to Lots A & B being rezoned as Commercial; however, they strongly object to Lot 18 being rezoned as Commercial District. Ms. Rader pointed out that the northern property line for Lot 18 is 20 feet from her parents bedroom. She further stated that construction between the properties would not prevent the noise, air or traffic pollution possibly created by the creation of a commercial district on the property in question. Ms. Rader stated that her parents have maintained Mrs. Leggio's property for the past 20 years, and further requested that "Lot 18" remain as a residential district zoning. 2. J. T. Taylor - 2613 Thelma Drive. Mr. Taylor informed Council that there is a dangerous pipeline which runs through Lot A. 3. Michael Cotter - 2549 Lazy Bend. Mr. Cotter stated that he has concerns with regard to Lot 18 being zoned Commercial because it would be within a residential area. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Cole asked Mrs. Leggio if it was her intent to request that her property be zoned "Commercial", and it was noted that "yes, that is their intent". Councilmember Cole also inquired about the proposed use of the property because the application notes "Commercial and Industrial". Mr. Leggio pointed out that it was simply a misunderstanding of the zoning procedures of the City, and noted that their intent is not for industrial purposes. Councilmember Beckman provided clarification with regard to the fact that there are no zones outside the city limits; therefore, none of the property that was recently annexed has ever been zoned. She further noted that the property may have been developed with deed restrictions; however, this is totally separate from the zoning procedures of the city. Mayor Reid provided additional clarification regarding deed restrictions. He also asked Mrs. Leggio if it was essential to the development of her property to have Lot 18 zoned as Commercial, and she replied that it was. Assistant City Manager Burdine asked the applicant to point out where the pipeline is located with regard to her property. It was noted that it is located through Lot 18 and Lot B. Ms. Rader provided a drawing indicating the location of the pipeline. ADJOURNMENT The public hearing for Application No. 98 was adjourned at 6:26 p.m. City Attorney Amy McCullough pointed out that Applications No. 99 and No. 100 address two contiguous lots and belong to the same property owner, and could be read together. PURPOSE OF HEARING: APPLICATION NO. 99 Request of Lorene Llewellyn, 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: Tract No. 32 of Westchester Estates, according to the Jack C. McKnight Survey thereof dated April 18, 1962, a partition of the H.T.&B. Railroad Survey, Abstract 242, in Brazoria County, Texas (2738 Manvel Road). PURPOSE OF HEARING: APPLICATION NO. 100 Request of Lorene Llewellyn, 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: 219 Tract No. 31 of Westchester Estates, according to the Jack C. McKnight Survey thereof dated April 6, 1962, a partition of the H.T.&B. Railroad Survey, Abstract 242, in Brazoria County, Texas (2738 Manvel Road). STAFF REVIEW: Assistant City Manager Richard Burdine reviewed a map of the properties in question. He stated that the majority of the surrounding area is zoned General Business. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Lorene Llewellyn - 2749 Westchester Circle. Mrs. Llewellyn came before Council to request approval of her zone applications. She stated that there is a re -sale business on Tract No. 31 and Tract No. 32 is vacant. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None ADJOURNMENT The public hearing for Application No. 99 and Application No. 100 was adjourned at 6:34 p.m. PURPOSE OF HEARING - APPLICATION NO. 101 Request of Fred C. Hernandez, agent for Jose C. Rodriguez, 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: Being 6.312 acres of land situated in the Northeast one-quarter (NE 1/4) of Section 17, H.T.&B.R.R. Co. Survey, Abstract 242, Brazoria County, Texas (7408 Broadway St.). STAFF REVIEW: Assistant City Manager Richard Burdine reviewed a map of the property involved in the proposed request. He noted that there is a day care center and a driving range presently located on the property. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Fred Hernandez - 4901 Silsbee. Mr. Hernandez addressed Council on behalf of the owner, Joe Rodriguez, and pointed out that he is in the process of purchasing that portion of the property that contains the day care center in order that they might implement some necessary expansion of the center. He further pointed out that they turn children away on a daily basis due to lack of space. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION P & Z Vice Chair Pat Lopez inquired about the reason for requesting zoning to Commercial District rather than General Business District which allows day care centers. Mr. Hernandez stated that the owner filed the zone application for the entire piece of property which includes the area where the day care center is located and he wished for all of the property to be zoned Commercial. Mayor Reid requested clarification with regard to who had filed the zone application and what Mr. Hernandez' role was in the process. City Attorney McCullough replied that the application was indeed filed by the owner and Mr. Hernandez is acting as his agent. ADJOURNMENT The public hearing for Application No. 101 was adjourned at 6:42 p.m. PURPOSE OF HEARING - APPLICATION NO. 102 Request of Joe and Frances Soria, 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 A - A 0.6878 tract of land out of a 1.555 acre tract out of the Southwest corner of Lot 32 of the Allison Richey Gulf Coast Home Co., Subdivision of Section 9, H.T.&B.R.R. Co. Survey, A-234, Brazoria County, Texas (2641 Max Rd.). TRACT B - A 0.249 acres of land out of Tract 6, 0.878 acres of land out of a 5.910 acre tract out of the West '/2 of Lots 31 & 32 of the Allison Richey 221 Gulf Coast Home Co. Subdivision of Section 9, H.T.&B.R.R. Co. Survey, A- 234, Brazoria County, Texas (2641 Max Rd.). STAFF REVIEW: Assistant City Manager Richard Burdine presented information regarding the area involved in the proposed request. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 1. Charles Koster -14631 Max Road. Mr. Koster requested clarification from Council and staff with regard to the definition of "typical" which is noted on the map for this zone application. He also asked how this affected the area surrounding it. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Assistant City Manager Burdine explained the 200 -foot area which Mr. Koster requested �— clarification on. He stated that changing the zoning on a particular piece of property does not affect the properties surrounding it within the 200 -foot area. He further clarified that there is a state law that requires us to notify the surrounding property owners, who are city taxpayers, of any pending rezoning. ADJOURNMENT The public hearing for Application No. 102 was adjourned at 6:53 p.m. PURPOSE OF HEARING -APPLICATION NO. 103 Request of Richard L. Spradley, 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: Tract 1 - 0.1433 acres, Tract 2 - 0.1967 acres & Tract 3 0.4419 acres of land out of 0.7819 acres out of 2.00 acres of land, being out of the West r' 1/2 of the Northwest 1/4 of the H.T.&B.R.R. Co. Survey, A-241, Brazoria County, Texas (7126 Broadway St.). 222 STAFF REVIEW: Assistant City Manager Richard Burdine described the area involved in the proposed request and noted that it is in the same area as the others previously discussed. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Wilkins inquired about the proposed use for the property as that portion was left blank on the application. Assistant City Manager 13urdine explained that any of the uses allowed under "General Business" can be put in once the zone application is approved, and the applicant is not required to provide this information. ADJOURNMENT The public hearing for Application No. 103 was adjourned at 6:57 p.m. PURPOSE OF HEARING - APPLICATION NO. 104 Request of Jesse Gallegos, 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: Lot 5, Block 3, of Skyway Manor of the H.T.&B.R.R. Co. Survey (2751 Manvel Rd.). STAFF REVIEW: Assistant City Manager Burdine reviewed a map of the property in question. He stated that there is an existing building on the property and noted that Mr. Gallegos is prepared to open a business. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 1. Jesse Gallegos - 2710 Honeysickle, Fresno, Texas. Mr. Gallegos noted that the building had housed a bar since 1960, and he is planning to have the same type of business. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 1. Richard Wells - 2736 Piper Road. Mr. Wells pointed out where his property is located in relation to the property involved in the zone application request. He stated that the Assembly of God Church has purchased property adjacent to his, as well. Mr. Wells voiced his concerns over the sale of alcohol at the proposed establishment, since he has had problems in the past. with customers becoming rowdy and the noise filtering to his property. He strongly protested to the approval of this application. He further added that he does not feel that this property should be zoned Commercial and noted that he has a definite concern over what might take place on the property. Mr. Wells pointed out that he has seen the owners cleaning up the property and respects their hard work, but he is still opposed to this business going in. 2. Marsha Epling - 4408 W. Broadway. Mrs. Epling stated that she purchased property immediately behind the property in question in October and is currently building a home there. She voiced her concerns over the clientele that this business will attract. Mrs. Epling pointed out that she would not be as concerned if the music and clientele could be contained to the inside of the building and not be spread out on the grounds. She also voiced concerns over the possibility of vandalism spilling over onto her property. She noted her strong opposition to the granting of this request. 3. William Bethel - 2743 Manvel Road. Mr. Bethel stated that he has owned the property next door to the property in question for over 20 years and noted that the building has not been used for a bar for 8-10 years. He pointed out that during the time that the building was used for a bar, his property was used as a restroom and garbage dump for liquor bottles. Mr. Bethel voiced his opposition to this request being granted. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION 1. Dorothy Gallegos - 2710 Honeysickle, Fresno, Tx. Mrs. Gallegos came before Council to provide clarification with regard to the intended use of the building on the property in question. She pointed out that they do not intend to have tables outside the premises, nor do they intend to have the bands perform outside. She further pointed out that they have secured the building so that the noise will be contained to the inside. They plan to have Pearland Police officers providing security and plan to have a family -type atmosphere. ADJOURNMENT The public hearing on Application No. 104 was adjourned at 7:10 p.m. Mayor Reid announced that the Planning & Zoning Commission would be meeting in the Second Floor Conference Room immediately following the public hearing. V2= as submitted and/or corrected this day of A.D., 1996. Tom Reid, Mayor ATTEST: l,� W050 i WeRAIIIIIRILMI-ml