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1998-04-27 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES 6:30PMMINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 27,1998, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND; TEXAS. The Joint Public Hearing was called to order with the following present: Mayor Tom Reid Mayor Pro -Tem Helen Beckman Councilmember Kevin Cole Councilmember William Berger Councilmember Richard Tetans Councilmember Larry Wilkins Vice -Chairman Tommy L. Scott Commissioner Jack D. Mathis Commissioner Emil Beltz Commissioner Pat Lopez Planning & Zoning Secretary Karla Canada Others in attendance: Director of Planning & Community Development Dennis Smith; Interim City Attorney Darrin Coker; Project Specialist Ruby Perez; City Manager Paul Grohman; Projects Coordinator Alan Mueller; City Engineer John Hargrove. Chairman Mary Starr, Commissioners Don Baker and Nghiem Doan were absent. APPLICATION NO. 232 I. CALL TO ORDER The meeting was called to order at 6:30 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 232 Request of Emma E. Collie, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business (GB) on the following described property, to wit: 15,000 sq. ft. out of the SE comer of Lot "A", Westgate Park, a subdivision of 9.575 acres out of Lots 47 & 48, The Allison Richey Gulf Coast Home Subdivision, Sec. 19, H.T. & B. R.R. survey, A-243, recorded in Volume 16, pg 220, Brazoria County, TX The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST 4 t �'" None. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Kevin Cole asked what the zoning of the property directly to the west of this property is. Dennis Smith replied R-1. Alan Mueller added that there are two homes on the property. VI. ADJOURNMENT The meeting adjourned at 6:40 p.m. APPLICATION NO. 248 I. CALL TO ORDER The meeting was called to order at 6:41 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 248 Request of Guy Sweet, 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: 1.52 acres in a 10 ac. tract in the south 1/2 of the northeast 1/4 of the southeast 1/4 of the G. C. Smith Survey, sec. 16, A-546, Brazoria Co., TX (6009 Sharondale) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. M. 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 None. 2 VI. ADJOURNMENT The meeting adjourned at 6:43 p.m. APPLICATION NO. 249 I. ' CALL TO ORDER The meeting was called to order at 6:44 p.m. H. PURPOSE OF HEARING - APPLICATION NO. 249 19.5"" Request of Mr. Sam McCoy, 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: 1.52 ac. situated in a 10 ac. tract in the south 1/2 of the northeast 1/4 of the southeast 1/4 of the G. C. Smith Survey, section 16, A-546, Brazoria Co. , TX (6011 Sharondale, Pearland, TX 77584) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community 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 None. VI. ADJOURNMENT The meeting adjourned at 6:46 p.m. APPLICATION NO. 251 I. CALL TO ORDER The meeting was called to order at 6:47 p.m. 3 II. PURPOSE OF HEARING - APPLICATION NO. 251 Request of William M. Miller, Jr., 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: One acre, more or less, out of Lot 8, being the SE 1/4 of the NW 1/4 of H.T. & B. RR Co. survey, section 14, A-509, Brazoria County, TX (6315 Patridge) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community 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 None. VI. ADJOURNMENT The meeting adjourned at 6:49 p.m. APPLICATION NO. 252 I. CALL TO ORDER The meeting was called to order at 6:50 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 252 Request of Eudocio & Lily Hernandez, owners, 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-3) on the following described property, to wit: Lot 1, Block 1, of Buena Vida Subdivision in the H.T. & B. RR Survey, Brazoria County, TX (6315 Cantu Rd.) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. 4 Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Eudocio Hernandez, owner, was present to speak in support of his request. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. VI. ADJOURNMENT The meeting adjourned at 6:53 p.m. APPLICATION NO. 253 I. CALL TO ORDER The meeting was called to order at 6:54 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 253 Request of Armando & Ana Crespo, owners, 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 lot 13, Sharondale Subdivision, a 0.76 acre parcel out of the 10 acre unrecorded subdivision in the South 1/2 of the NE 1/4 of the SSE 1/4 of the G.C. Smith Survey, Section 16, A-546, Brazoria Co., TX (6022 Sharondale) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community 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. 5 9,, � - V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. VI. ADJOURNMENT The meeting adjourned at 6:57 p.m. APPLICATION NO. 272 I. CALL TO ORDER The meeting was called to order at 6:58 p.m. H. PURPOSE OF HEARING - APPLICATION NO. 272 Request of Tommy & Bonnie Page, owners, 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: Two acres, more or less, out of Lot 8, being the S.E. 1/4 of the N.W. 1/4, HT & B RR Co. survey , Section 14, A-509, Brazoria Co., TX (6313 Patridge) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community 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 None. VI. ADJOURNMENT The meeting adjourned at 7:01 p.m. APPLICATION NO. 273 I. CALL TO ORDER 6 The meeting was called to order at 7:02 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 273 Request of Jim Younger, agent for Jui-Lien Chou & Ming Tao Ho, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business District (GB) on the following described property, to wit: An 0.8672 ac. tract out of a 1.555 ac. tract of the S.W. corner of Lot 32, Allison - Richey Gulf Coast Home Co. subdivision, Section 9 of the H.T. & B. RR Co. survey, A-234, according to the plat as recorded in Vol. 2, pg. 34, Brazoria Co., TX (not assigned) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. IH. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Jim Younger, agent for Jui-Lien Chou & Ming Tao Ho, was present to speak in support of Application No. 273. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. VI. ADJOURNMENT The meeting adjourned at 7:05 p.m. APPLICATION NO. 279 I. CALL TO ORDER The meeting was called to order at 7:06 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 279 Request of George W. & Deborah L. Harrell, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business District (GB) on the following described property, to wit: 7 �1 Lot 12 of Johnston Subdivision of the NW 1/4 of the NW 1/4 of HT & B RR Co. survey, A-240, containing 8.42 acres, more or less as recorded on the plat, Vol. 5, pg. 303 of the plat records, Brazoria Co., TX (14833 Harkey Road) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community 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 Ms. Sherry Johns, 6122 Josephine was present. She stated her concerns regarding drainage of the property on Josephine. She also asked if the day care would be required to place a fence along their property for privacy. Renee West, West Development, was present. Renee had questions about the amount of acreage being rezoned. She stated that a day care generally requires 1 to 1-1/2 acreage and if the entire 8 acres is rezoned, then what will the remainder of the property be used for? Mr. Louis Serrano, 6206 Josephine was present. Mr. Serrano stated his concerns regarding a nearby cement mixer plant making the children at the day care sick from the fumes and vapors. Councilmember Kevin Cole presented a letter received from R. H. Spear, 6118 Josephine, in opposition of the zone change. The letter was entered into the record. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Reid stated that drainage on any project has to be approved by the City prior to a building permit being issued. City Engineer, John Hargrove confirms. Councilmember Larry Wilkins had concerns of what type of business would go in at the property if the day care should ever go out of business. Ms. Deborah Harrell stated that she is only asking for one acre to be rezoned. Mr. Dennis Smith indicated that the information submitted set out eight acres and if this is the case, Ms. Harrell would need to have the property subdivided. City Manager Paul Grohman addressed the area in question. He indicated that there are various property uses on Harkey Road ranging from retail to suburban development to residential. He feels this could only be an asset to this area. 8 101 Mayor Pro -Tem Helen Beckman asked if the City would require a fence be placed. City Manager Paul Grohman said if they asked for a Specific Use Permit, then it could be outlined by Council and Planning & Zoning. M�"Z110.9-1100 131011 The meeting adjourned at 7:20 p.m. APPLICATION NO. 281 I. CALL TO ORDER The meeting was called to order at 7:21 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 281 Request of Pat Lopez, agent for Dwayne & Jeanne Lum, 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: Lot 5, Block 4, Colonial Estates, a subdivision in Brazoria Co., TX according to the plat as recorded in Vol. 9, pg. 123-124, of the Plat Records of Brazoria, Co. TX (3632 Lee Lane) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community 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 Vice -Chairman Tommy Scott asked if there is anything on property now. Dennis Smith answers no. Commissioner Pat Lopez corrects Mr. Smith and states that there is a new home under construction at this time. VI. ADJOURNMENT The meeting adjourned at 7:24 p.m. 9 APPLICATION NO. 296 I. CALL TO ORDER The meeting was called to order at 7:25 p.m. II. PURPOSE OF HEARING - APPLICATION NO. 296 Request of Nigel Harrison, agent for Dan M. Worrall, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development - Business (SD -B) to Multi -Family District (MF) on the following described property, to wit: An 18 acre tract, more or less, out of lot 1 of the T.D. Yocum survey, A-399, of the deed records of Brazoria Co., TX (2800 block John Lizer) The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK* FOR THE PROPOSED REQUEST Nigel Harrison, agent, was present. He stated this will be a high quality multi -family project and feels this property is a good location for such project. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mr. Burt Chrisman, 2801 John Lizer, was present. He indicated that he moved here to get away from the hustle and bustle of the big city. He feels that apartments will bring in young children and lots of partying. He has horses which he feels will be an attraction to the small children and the children will be running up and down the creek. He stated that Independence Park already has too many cars and motorcycles coming through at night and this will only cause more traffic and noise. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember William Berger asked what can be built on the property in the current zone status? Dennis Smith responded by saying there is no zoning in the City Ordinance for SD(B), Suburban Development (Business) at this point. Mayor Pro -Tem Helen Beckman feels Pearland Parkway is too beautiful for apartments. She said there are plenty of apartments within three miles of this location. Councilmember Richard Tetans asked if the property has been rezoned prior to this. Mr. Dennis Smith was not sure and said he would check on it. i IR VI. ADJOURNMENT The meeting adjourned at 7:35 p.m. APPLICATION NO. 297 I. CALL TO ORDER The meeting was called to order at 7:36 p.m. II. PURPOSE OF HEARING - AP'PLICATION NO. 297 Request of Nigel Harrison, agent for Robert S. & Jacquelyn S. Burgess, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development - Business (SD -B) to Multi -Family District (MF) on the following described property, to wit: A 7.6 acre tract out of the T.D. Yocum survey, Abstract 399, of the deed records of Brazoria County, Texas The purpose of the public hearing was read into the record by Vice -Chairman Tommy Scott. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Nigel Harrison, agent, was present. He indicated that this will be a 10 - 12 million dollar project when completed. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Mr. Burt Chrisman, 2801 John Lizer, was present and stated his same concerns and objections as on Application No. 296. Ms. Stella Roberts, 2918 Green Tee, was present. Ms. Roberts said she was under the impression that with the Overlay District, this area would be an office/professional designed area. She feels if this zone change is approved, Pearland Parkway will become apartment row and would take away from the overlay plans. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION None. VI. ADJOURNMENT The meeting adjourned at 7:43 p.m. Minutes respectfully submitted by: Karla S. Canada Planning and Zoning Secretary Minutes approved as submitted and/or corrected this lith day of , A.D., 1998 Tom Reid Mayor ATTEST: 12 i 1