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1998-03-23 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 MARCH 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 Chairman Vice -Chairperson Commissioner Commissioner Commissioner Tom Reid Helen Beckman Kevin Cole William Berger Richard Tetens Pat Lopez Emil Beltz Ngheim Doan Jack D. Mathis Mary Starr Others in attendance: Director of Planning and Development Dennis Smith; Interim City Attorney Darrin Coker; Project Specialist Ruby Perez; Public Works Director Jerry Burns; City Engineer John Hargrove; Police Chief Mike Hogg, and, Planning and Zoning Secretary Judy Highburger. Councilmember Larry Wilkins, Commissioners Tommy Scott and Don Baker were absent. APPLICATION NO. 258 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 258 The purpose of the public hearing was read into the record by Chairman Pat Lopez. Request of Paul and Alice Gutierrez, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single 1 Family Dwelling District (R-1) to Commercial District (C) on the following described property, to wit: Being designated as Tract 20, Sandoval Subdivision containing .370 ac. In the west 'h of the northeast '/4, Section 15, HT & B RR Co. survey, A-241, Brazoria Co. TX (6606 W. Broadway). Director of Planning and Development Dennis Smith, presented the location of the proposed zone change. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Paul Gutierrez, 6606 W. Broadway, spoke in favor of the request. He said this is his residence and he has a contract on the property. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember William Berger asked what was on the property now, and Mr. Smith said a residence, and when sold will become a mapping business. Mr. Gutierrez said the contract on the property is for a beauty shop. Mr. Smith stated that the original application said mapping business, but the owner was not bound by that. Mayor Pro -Tem Helen Beckman said the property is adjacent to a subdivision; therefore, why isn't the zone change for General Business instead of Commercial. Mr. Gutierrez said his realtor and the prospective buyer wanted it zoned Commercial. VI. ADJOURNMENT The joint public hearing adjourned at 6:45 p.m. APPLICATION NO. 265 E 1. CALL TO ORDER The meeting was called to order at 6:46 p.m. 11. PURPOSE OF HEARING - APPLICATION NO. 265 The purpose of the public hearing was read into the record by Commissioner Jack Mathis. Request of R. West Development Co., Inc., agent for Ravenwood Section One, J.V., 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 41.3692 acre tract out of the south 'h of the southeast 1/4 of Sect. 16, HT & B RR survey, A-546, Brazoria Co., TX (Harkey Rd. and C.R. 101) Mr. Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Ms. Renee West, 2510 Westminister, said the area is located with West Lea Subdivision on the west side and a trailer park on the north side. She went on to say the lot size is one acre that is consistent in the area; the homes would sell for $180,000.00-275,000.00; the area will be fenced with 33 lots in the first section; and, if there is a demand for the product 90 more acres will be added. She said there is no other area in Pearland with one acre restricted lots. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. 3 i k t. V1. ADJOURNMENT The joint public hearing adjourned at 6:49 p.m. APPLICATION NO. 266 1. CALL TO ORDER The meeting was called to order at 6:50 p.m. 1111. PURPOSE OF HEARING - APPLICATION NO. 266 The purpose of the public hearing was read into the record by Commissioner Nghiem Doan. Request of R. West Development Co., Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single Family Dwelling District (R-1) on the following described property -to -wit: -- Being a parcel containing 16.6408 acres out of a 20 acre tract as recorded in Vol. 1068, pg. 144, Brazoria Co. Deed records and being out of the south 1/2 of the southeast 1/4 of Section 18, HT & B RR survey A-546, Brazoria County, TX (adjacent to Ravenwood Estates). Mr. Smith presented the location of the proposed zone change. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Ms. Renee West, 2510 Westminister, said the project is 16 acres; the lots range from 11/2-6 acre lots; the area will be gated, and the homes will sell for $350,000.00 and up. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mr. Stan Genes, 5902 Terrell Drive, was opposed to the request. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. VI. ADJOURNMENT APPLICATION NO. 270 1. CALL TO ORDER The meeting was called to order at 6:56 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 270 The purpose of the public hearing was read into the record by Chairman Lopez. Request of Alfred E. Lentz, agent for Willow Partners Ltd., owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Office Professional (OP) to Single Family Dwelling District (R- 2) on the following described property, to wit: Being 29.5472 ac. Out of Lot 14, Lots 2&3, Narregang's Subdivision and Lot 25 out of the O.W. Willits Subdivision recorded in Deed Records, Volume 1, 3, & 70, pgs. 92, 65 & 616, Brazoria County, TX. Mr. 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 Mr. Glen Opel, 3306 Dixie Farm Road, said that the legal description is incorrect, and that it should be nine acres instead of 29 acres. He asked what egress is available to the property, and what type of dwellings will be built there. 5 Me Pastor Lawrence Gurley, 2412 Dixie Farm, is concerned about the proposed utilities in the area, and the access to the property. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Smith said the City was given a legal description of 29.5472 acres which is the entire piece of property instead of the 9 acres. The 9 acres parcel was the only section not rezoned a few years ago. This was the Oxychem Corporation project that was abandoned several years ago and ingress/egress will be through the residential secion on Dixie Farm. Commissioner Mary Starr said there is accessibility to Dixie Farm Road. City Engineer John Hargrove confirmed Oxychem Corporation zoned the property Office Professional and combined the nine acres as residential. It is what was left from the original piece. VI. ADJOURNMENT The joint public hearing adjourned at 7:08 p.m. APPLICATION NO. 263 I. CALL TO ORDER The meeting was called to order at 7:09 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 263 The purpose of the public hearing was read into the record by Chairman Lopez. Request of R. West Development Co., Inc., agent for Pearland West Oaks 3 & 4 Ltd., 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-3) on the following described property, to wit: F Being a 25.3514 acre tract located in the HT & B RR survey, A-241, Brazoria Co., TX and also a called 34.98 acre tract in an instrument recorded in Vol. 72, pg. 94, Deed Records of Brazoria Co., TX (south of Fite Road, west of Harkey Rd.) Mr. Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Ms. Renee West, 2510 Westminister, said the area consists of 71 lots that are 80 X 125 feet which is the same as West Oaks Section Three. The homes will sell for $180,000.00-$225,000.00. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mr. Smith said the request is for R-3 as is the previous request, and the intent is for consistency in the projects. VI. ADJOURNMENT The joint public hearing adjourned at 7:10 p.m. APPLICATION NO. 260 1. CALL TO ORDER The meeting was called to order at 7:11 p.m. 11. PURPOSE OF HEARING - APPLICATION NO. 260 The purpose of the public hearing was read into the record by Commissioner Mathis. 7 S3 Request of R. West Development Co., Inc., agent for West Oaks Village Section Two Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single Family Dwelling District (R-4) on the following described property -to -wit: Being a 28.3781 acre tract located in the HT & B RR survey, A-241, Brazoria Co., TX and a 160 ac tract described in an instrument in Vo. 708, pg 109, Deed Records of Brazoria Co. TX, (Fite Road). Mr. Smith presented the location of the proposed zone change. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Ms. Renee West, 2510 Westminister, said the property is more of West Oaks Village Section Two. The lots are 60 X 110 feet and homes will sell in the $110,000.00-$145,000.00 range. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 11MM V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Pro -Tem Beckman questioned the requested zone category of R-4 and why R-2 was not chosen. Mr. Smith said West Oaks Village is zoned R-4 and the request is in keeping with consistency in that area. VI. ADJOURNMENT The joint public hearing adjourned at 7:16 p.m. APPLICATION NO. 261 1. CALL TO ORDER The meeting was called to order at 7:17 p.m. Il. PURPOSE OF HEARING - APPLICATION NO. 261 The purpose of the public hearing was read into the record by Commissioner Doan. Request of R. West Development Co., Inc., agent for Gallentine Associates, 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-4) on the following described property, to wit: Being a 35.4855 acre tract located in the HT & B RR survey, A-241, Brazoria Co., TX out of the residue of a 160 acre tract conveyed to John Massey on instrument recorded in Vol. 708, pg 109, Deed Records of Brazoria Co., TX (off Fite Road). Mr. Smith presented the location of the proposed zone change. 11111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Rick Gadd, 2510 Westminister, said the lots will be 60 X 110 feet and the homes will sell for $110,000.00-$140,000.00, and will have the same builders as in West Oaks Sections 2-4. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Ms. Mary Huey, 3627 Bluebird Way, is opposed to the zone category of R-4, but would not be opposed to R-1. Mr. Bill Baldy, 3302 Wingtail Way, and Mr. Charles Smith, 3203 Wingtail Way, are opposed to the request. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Chairman Lopez asked where was Wingtail Way, and Mr. Smith said it was in the West Lea Subdivision. E VI. ADJOURNMENT iDID The Joint Public Hearing adjourned at 7:25 p.m. APPLICATION NO. 262 I. CALL TO ORDER The meeting was called to order at 7:26 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 262 Request of R. West Development Co., Inc., agent for Gallentine Associates, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single Family Dwelling District (R-4) on the following described property -to -wit: Being 20.5591 acre tract located in the HT & B RR survey, A-241, Brazoria County, TX, out of the residue of a 160 acre tract conveyed to John Massey per an instrument recorded in Vol. 708, pg. 109, Deed Records of Brazoria Co., TX (off Fite Road). Mr. Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Rick Gadd, 2510 Westminister, said this property has 60 foot lots, and homes will sell for $110,000.00-$150,000.00. He went on to say that development is expected in two years. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mr. Jesse Glover, 3219 Skylark Way, is concerned about the number of families there will be, as well as what impact this will have on the roads and infrastructure. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION 10 Mr. Smith said there will be 650-700 lots total in all of West Oaks Subdivision, and approximately 3 1/2 persons per acre. Mr. Hargrove said the increased road traffic will be on Harkey, Fite and FM 1128, and the developer pays to develop the area. - VI. ADJOURNMENT The meeting adjourned at 7:29 p.m. SPECIFIC USE PERMIT NO. 60 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. II. PURPOSE OF HEARING - SPECIFIC USE PERMIT NO. 60 The purpose of the public hearing was read into the record by Chairman Lopez. Request of R. West, Development Co., Inc, agent for West Oaks Village Section 2, Ltd., owners, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit on the following described property, to wit: Being a 1.7915 acre tract located in the HT & B RR survey, A-241, Brazoria Co., TX and out of a called 160 acre tract in an instrument recorded in Vol. 708, pg. 109, Deed Records of Brazoria Co., TX (west of West Oaks Village Section 1-B). Mr. Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Gadd, 2510 Westminister, said the property will be for a community center to be built this summer for West Oaks and West Oaks Village. It will have a 40 x 70 foot pool, bath house, rest rooms, covered area for sitting, and a large parking area. The center will be built this summer. 11 57 - IV.. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 11710- V. im V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. VI. ADJOURNMENT The meeting adjourned at 7:34 p.m. APPLICATION NO. 269 1. CALL TO ORDER The meeting was called to order at 7:35 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 269 The purpose of the meeting was read into the record by Chairman Lopez. Request of Vincente Aionso, 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: Tracts 1-6 and Tract 9, Block 2 in the West Lea Subdivision. Mr. Smith presented the location of the proposed zone change. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Vincente Alonso, 11525 S. Main, said the tracts are 200 feet deep, and the proposed usage is for a strip shopping center. He said he realizes the property was zoned Commercial Reserve in the past. 12 Ms. John Massey, 2430 S. Washington, said Hwy 1128 connects with two state highways, CR 101 will be a major thoroughfare to Hwy 288, the area will have 5,500 residences in the near future, and feels it will be a wonderful place to shop. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Those opposed to the request: Ms. William Bates, 3302 Wingtail Way; Ms. Shelly Mills, 3320 Skylark Way; Mr. Billy Webster, 3505 Bluebird Way; Mr. Tom Sullivan, 5418 Westlea Lane; Mr. William Baldy, 3302 Skylark Way; Ms. Cissy Valverde, 3220 Skylark Way; Mr. William Bates, 3302 Wingtail Way; Mr. Charles Smith, 3203 Wingtail Way; Mr. Jim Janiga, 3211 Meadowlark Lane; Ms. Anna Bailey, 3310 Skylark Way; Ms. Maria Huey, 3618 Skylark Way; Mr. E.J. Wagner, 5418 Heron; Ms. Barbara Pontoon, 3211 Skylark Way; Mr. John Bass, 3327 FM 1128; Denise Janecek, 3311 Bluebird Way; Mr. Jerry McKeo, 3310 Bluebird Way; Mr. Jerry Blankenship, 3628 Skylark Way; Ms. Martha Maxwell, 3211 Wingtail Way; Mr. Valverde, 3220 Skylark Way; Ms. Wm. Baldy, 3302 Wingtail Way; Mr. Joe Watkins, 3311 Wingtail Way; Ms. Barbara Glover, 3219 Skylark Way; and Ms. Mary Huey, 3627 Bluebird Way. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Kevin Cole asked if Mr. Alonso has submitted plans to the City for the development of the property, and Mr. Smith said no. Mr. Smith stated he has copies of various documents submitted by the Civic Club and he and Project Coordinator Alan Mueller have reviewed them. Mayor Tom Reid asked why Tract I was included as he knew of another owner for that parcel, and City Manager Paul Grohman said the City accepts information as it stands. Mr. Smith concurred and stated this was the first information presented that someone other than Mr. Alonzo owns Tract I. Mr. Smith said a portion of Tract I is commercial for a water well. VI. ADJOURNMENT The meeting adjourned at 8:05 p.m. 13 Jr9 APPLICATION NO. 280 I. CALL TO ORDER The meeting was called to order at 8:06 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 280 The purpose of the public hearing was read into the record by Chairman Lopez. Request of Bob Lewis, agent for ML Partnership, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Multi -Family District (MF) to Multi -Family District - Planned Unit Development (MF -PUD) on the following described property -to -wit: See attached (S.E. corner of Pearland Parkway) Mr. Smith presented the location of the proposed zone change. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Bob Lewis, 2905 Country Club Drive, said the project is much needed in the City. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mr. Tom Ingebredtsen, 2802 Green Tee Drive, was opposed to the project, and said he thought that the property was zoned Office Professional. He said a year ago Banbury Cross Subdivision was opposed to apartments. The proposed complex will be 98% apartments within 1 mile of each other, which makes three apartment complexes in Pearland. He does not want to see another Glenbrook Valley problem. Mr. Allen Jones, 3220 Patricia Lane; and Mr. Bill Baldy, 3302 Wingtail Way, were opposed to the request. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION 14 Mr. Smith said the property was zoned General Business a year ago but was recently changed to MF, and is part of the Pearland Parkway Overlay Zone. The project is similar to the project near O'Day Hardware. City Manager Paul Grohman said the PUD category limits what can be put on the ground. Mr. Smith said the project was moved further from the creek to allow hike and bike trails. VI. ADJOURNMENT The meeting adjourned at 8:20 p.m. Minutes respectfully submitted by: i4ighb�g •- Minutes approved as submitted and/or corrected this the 13th day of Aari 1 , A.D., 1996, Tom Reid Mayor 15