1998-02-23 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS,
HELD ON FEBRUARY 23, 1998, 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
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
Chairman
Vice -Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Tom Reid
Helen Beckman
Kevin Cole
William Berger
Richard Tetens
Larry Wilkins
Pat Lopez
Emil Beltz
Don Baker
Jack D. Mathis
Tommy Scott
Mary Starr
Others in attendance: Project Coordinator Alan Mueller; Director of Planning and
Development Dennis Smith; City Attorney Amy McCullough; Project Specialist Ruby
''-'' Perez; and Planning and Zoning Secretary Judy Highburger.
APPLICATION NO. 238
I. CALL TO ORDER
The meeting was called to order at 6:30 p.m.
II. PURPOSE OF HEARING - APPLICATION NO. 238
The purpose of the public hearing was read into the record by Chairman Pat
Lopez.
Request of Thomas W. & Candace M. Dewey, owners, for an amendment to the
Land Use and Urban Development Ordinance of said City from Classification
Suburban Development District (SD) to Heavy Industrial (M-2) on the following
described property, to wit:
A tract of land, out of Lot 19, of the Allison -Richey Gulf Coast Home Co.
Subdivision, Section 29, H.T. & B. R.R. Co. Survey, A-292, Brazoria County, TX
(4808 Main Street).
Director of Planning and Development Dennis Smith, presented the location of
the proposed zone change.
III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
None.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Larry Wilkins asked if this was an existing business, to which Mr.
Smith replied, yes. Mr. Wilkins also asked if the property bordered Alvin and
Pearland, and Mr. Smith said yes.
VI. ADJOURNMENT
The joint public hearing adjourned at 6:38 p.m.
APPLICATION NO. 239
I. CALL TO ORDER
The meeting was called to order at 6:40 p.m.
11. PURPOSE OF HEARING - APPLICATION NO. 239
The purpose of the public hearing was read into the record by Chairman Pat
Lopez.
Request of Thomas W. & Candace M. Dewey, owners, for an amendment to the
Land Use and Urban Development Ordinance of said City from Classification
Suburban Development District (SD) to Heavy Industrial (M-2) on the following
described property, to wit:
A 3.0 ac. Tract of land, out of Lot 19, of the Allison -Richey Gulf Coast Home Co.
Subdivision, Section 29, H.T. & B. R.R. Co. Survey, A-292, Brazoria County, TX
(4818 Main Street.)
Director of Planning and Development Dennis Smith, presented the location of
•— the proposed zone change.
Ill. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
None.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Vice Chairman Emil Beltz asked why was the property separated, and Mr. Dennis
Smith said two addresses were issued when the strip center was built and the
properties were never joined.
Councilmember Helen Beckman asked if the property is currently being used as
a fabricating facility and kennel, and Mr. Smith said, yes.
VI. ADJOURNMENT
The joint public hearing adjourned at 6:44 p.m.
APPLICATION NO. 246
1. CALL TO ORDER
The meeting was called to order at 6:45 p.m.
II. PURPOSE OF HEARING - APPLICATION NO. 246
The purpose of the public hearing was read into the record by Commissioner
Jack D. Mathis.
Request of Juan Jorge & Maria A. Rodriguez, 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 parcel of land in the south '/2 of Lot 18, Allison -Richey Gulf Coast Home
Co. Subdivision, section 9, H.T. & B. R.R. Co. survey, A-234, Brazoria County, TX
(13619 Max Road) .
Director of Planning and Development Dennis Smith presented the location of the
proposed zone change.
I11. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
Ms. Margaret Rice, 13727 Max Road, had a statement to make which is neither
pro nor con of the application. Her concern is that after the residence is
completed and the land filled in, it will drain and flood her property. Also, the
house is close to her barn, and Ms. Rice feels that later the Rodriguezes will
come to her complaining about the smell.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Mr. Smith informed the Councilmembers and Commissioners that the property
under discussion had started construction prior to annexation, and the City had
the work stopped. Mr. Smith said the drainage issue can be addressed to the
homebuilder.
Commissioner Mathis asked if the proposed construction is zoned R-1, and Mr.
Smith said the owners were asking for Single Family Residential.
VI. ADJOURNMENT
The joint public hearing adjourned at 6:50 p.m.
APPLICATION NO. 250
I. CALL TO ORDER
The meeting was called to order at 6:51 p.m.
II. PURPOSE OF HEARING - APPLICATION NO. 250
The purpose of the public hearing was read into the record by Commissioner
Jack D. Mathis.
Request of Ms. Beverly Ruffin, 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 16, Block 1, of Skyway Manor subdivision, according to the plat recorded in
Vol 7, pg. 67, of the plat records of Brazoria Co., TX (3011 Piper Road)
Director of Planning and Development Dennis Smith, presented the location of
the proposed zone change.
III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
None.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Mr. Smith said there is a home on the property and construction was started
recently, and the City stopped the work and told them proper zoning was needed
first.
VI. ADJOURNMENT
The joint public hearing adjourned at 6:54 p.m.
APPLICATION NO. 254
1. CALL TO ORDER
The meeting was called to order at 6:55 p.m.
The purpose of the public hearing was read into the record by Commissioner
Tommy Scott.
11. PURPOSE OF HEARING - APPLICATION NO. 254
Request of Alejandro & Carmen Jasso, 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-2) on the following
described property, to wit:
Being 0.155 acres situated in the west'/2 of the northwest'/4 of the northeast 1/4,
section 15, H.T. & B. R.R. Co. survey, A-241, Brazoria County, TX (2721 Morenci
Street).
Director of Planning and Development Dennis Smith, presented the location of
the proposed zone change.
111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
None.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Richard Tetens asked if there was currently a residence on the
property, and Mr. Smith replied, yes. Mr. Tetens said the request should be R-1
or it becomes spot zoning; however, he feels the application should be approved.
Mr. Smith stated the owners could ask for R-1 zoning with a variance due to the
lot size.
VI. ADJOURNMENT
The joint public hearing adjourned at 6:58 p.m.
APPLICATION NO. 255
I. CALL TO ORDER
The meeting was called to order at 6:59 p.m.
The purpose of the public hearing was read into the record by Commissioner
Mary Starr.
11. PURPOSE OF HEARING - APPLICATION NO. 255
Request of Jose R. Delacerda, Jr., owner, for an amendment to the Land Use and
IV
Urban Development Ordinance of said City from Classification Suburban
�— Development District (SD) to General Business (GB) on the following described
property, to wit:
A 0.25 acre tract out of Lot 74, Figland Orchard Subdivision, in the H.T. & B. RR
Co. Survey, A-240, Brazoria Co., TX (15031 Harkey Road).
Director of Planning and Development Dennis Smith, presented the location of
the proposed zone change.
III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
Mr. Jose R. Delacerda, Jr., owner, informed the assembly that the property has
always been an auto repair business that was vacant for some time, and is now
opened for the same type of business.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
Ms. Teresa Williams, 15111 Harkey, said that before the business was recently
opened, it was rented by several individuals that did not have an excess number
of cars on the property, and it was well maintained. She went on to say that if
there are numerous cars parked there, it will block the children walking to school
as there are no sidewalks and it is difficult to see around parked vehicles. She
is also concerned about questionable persons in the area, as gangs have painted
the building before. Ms. Williams is also concerned with the business being
opened again after over six years (that she knows of) of who would spend the
night on the premises. The noise is another factor, the sign is okay; however, it
stays on all night.
Mr. John Williams, 15111 Harkey, said that prior to the business opening, the
property was taken care of and cleaned on a regular basis. Mr. Williams went on
to say that an entire subdivision of children will be walking past this business to
go to school. He walks his children to school but is not able to walk them home,
and is concerned about their safety walking around vehicles parked in the right-
of-way. He also said that the business will be open on Saturdays and at night,
and the noise level will be high.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Commissioner Tommy Scott asked the size of the building on the property, and
Mr. Smith said 45 X 90. Commissioner Don Baker asked Mr. Smith for another
look at the application map for the type of surrounding zoning.
0
Commissioner Jack Mathis asked if there was chronological data on the property,
and Mr: Smith said, no, it was in the County until recently. Vice Chair Emil Beltz
asked if there were other auto repair businesses in the vicinity, and Mr. Smith
replied there were two others.
VI. ADJOURNMENT
The joint public hearing adjourned at 7:10 p.m.
APPLICATION NO. 275
I. CALL TO ORDER
The meeting was called to order at 7:11 p.m.
II. PURPOSE OF HEARING - APPLICATION NO. 275
The purpose of the public hearing was read into the record by Commissioner
Don Baker.
Request of Beazer Homes Texas, owner, by Patricia D. Knudson & Associates,
agent, 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-3) on the following described property, to wit:
An 84.00 acre tract located in the H.T. & B. R.R. Co. Survey, A-309 and being out
of a called 160 acre tract described in Vol. 1144, pg. 590, Brazoria County Deed
Records.
Director of Planning and Development Dennis Smith, presented the location of
the proposed zone change.
III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
Ms. Sue Darcy, consultant for Beazer Homes, spoke in favor of the request. She
went on to say that the homes to be built would be in the $165,000.00-
$175,000.00 price range.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None.
E
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
None.
VI. ADJOURNMENT
The joint public hearing adjourned at 7:15 p.m.
APPLICATION NO. 267
1. CALL TO ORDER
11. PURPOSE OF HEARING - APPLICATION NO. 267
The purpose of the public hearing was read into the record by Commissioner
Jack D. Mathis.
Request of George D. & Mary Fishman, owner, for an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban
Development District (SD) to Light Industrial (M-1) on the following described
property, to wit:
Being 3.3 acres out of the Allison -Richey Gulf Coast Home Co. Survey, Volume
885, pg 288, of the Deed Records, Brazoria County, TX (2726 Morris Rd.)
Director of Planning and Development Dennis Smith, presented the location of
the proposed zone change.
111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
None.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
None.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Kevin Cole asked that if the request is for a boat/ry storage
facility, why is the zone category M-1 instead of Commercial, and Mr. Smith
replied that it could be in either; however, that was the category the applicant
chose. Mr. Cole asked if there currently is a business on the property, and Mr.
Smith said no.
VI. ADJOURNMENT
The joint public hearing adjourned at 7:20 p.m.
Minutes respectfully submitted by:
11, "a �-/ ,
Jurdig-hbur er
Minutes approved as submitted and/or corrected this the 9th day of
March , A.D., 1998.
Tom Reid
Mayor