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1993-06-14 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESi 46 MINUTES OF A JOINT PUBLIC HEARING BY THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 14, 1993, AT 7:00 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The Hearing was called to order with the following present: Mayor C. V. Coppinger Mayor Pro Tem/Councilmember Joy Colson Councilmember D. A. Mille Councilmember Benny Frank Councilmember Randy Weber Councilmember David Smith Planning & Zoning Chairman Richard Tetens Planning & Zoning Vice Chairman Emil Beltz Commissioner Pat Lopez Commissioner Rob Larsen Commissioner Helen Beckman City Manager Paul Grohman City Attorney Lester Rorick City Secretary Pat Jones Others in attendance were Chief Building Official Don Guynes, City Engineer John Hargrove, and Division Director Glen Erwin. Absent from the Hearing: Commissioners Jack Womack and Patsy Eilers. Planning and Zoning Commission Chairman Richard Tetens introduced his fellow commissioners. Mayor Coppinger announced that the Commission would hold its meeting, after the public hearings, in the second floor conference room and action would probably be taken on these items with the Commission sending its recommendation to Council for further action. PURPOSE OF THE HEARING: APPLICATION NO. 35 REQUEST OF MELVIN J. THERIOT, SR., OWNER, FOR A CHANGE IN ZONING CLASSIFICATION FROM LIGHT INDUSTRIAL (M-1) TO SINGLE FAMILY DWELLING DISTRICT (R-2) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: PART OF LOT 15, BLOCK 5, OF THE H. MASTERSON SUBDIVISION, H.T. AND B. R.R. SURVEY, A-237 (13709 HATFIELD ROAD) NUMBER OF SIGNATURES ON ATTENDANCE ROSTER: 6 SPEAKING FOR THE PROPOSED REQUEST: 1. Melvin J. Theriot, Sr., 13709 Hatfield Road. Mr. Theriot stated he is the owner of the property and would like to build a residence at this site. 2. S. A. Lane, 2210 N. Houston. Mr. Lane stated people need to have homes and there aren't many industrial uses in this area. 47 SPEAKING AGAINST THE PROPOSED REQUEST: None QUESTION AND ANSWER PERIOD: Question was raised about the zoning of adjacent property and P&Z Chairman Tetens stated this could be determined in the Commission's meeting to be held after the public hearing. ADJOURNMENT Hearing adjourned at 7:08 P. M. PURPOSE OF THE HEARING: APPLICATION NO. 36 REQUEST OF ROBERT ORAVETZ, OWNER, FOR A CHANGE IN ZONING CLASSIFICATION FROM GENERAL BUSINESS (GB) TO OFFICE AND PROFESSIONAL (OP) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: BLOCK 6, LOTS 1, 2, & 3 OF THE PEARLAND TOWNSITE (2201 N. HOUSTON AVENUE) NUMBER OF SIGNATURES ON ATTENDANCE ROSTER: 4 Councilmember Smith questioned the advisability of holding the hearing when there was, he understood, a court action pending involving this property. There ensued a lengthy discussion regarding this item which was determined to involve a case in the City's municipal court. City Attorney Rorick stated he was not aware of this action as he does not prosecute in municipal court and asked several questions of Council and Staff to make a determination. After much discussion, City Attorney Rorick advised to continue with the hearing. SPEAKING FOR THE PROPOSED REQUEST: 1. Alice Fitch, 2201 N. Houston. Ms. Fitch stated she has been dealing with the City since 1989 trying to resolve the various issues regarding this property. She further stated the house was built as a residence in 1937 and asked that it be allowed to remain so as the area is mainly residential even though it is zoned general business. Ms. Fitch asked that the specific use permit which is required in an office and professional zone to allow a residence be done at the same time as has been done in previous cases and that the ordinances enacting the zone changes, if granted, be read at one meeting to save time, which also has been done in previous instances, she said. Closing her remarks, Ms. Fitch related some of the interactions with the Inspection Department of the City. 2. Robert Oravetz, 2201 N. Houston. Mr. Oravetz stated they have been through a lot of hassle over the last few years and were told by the previous Building Official that the property could not be rezoned for use as a residence. Closing his remarks, Mr. Oravetz stated he would like this zoning request to be granted. 3. S. A. Lane, 2210 N. Houston. Mr. Lane stated he is in favor of this change as these people have put a lot of work into this property. SPEAKING AGAINST THE PROPOSED REQUEST: 1. Myrtlee Massey Meade, 2430 S. Washington. Ms. Meade stated she is the executor of the Myrtle McCormack estate. Ms. Meade explained the history of the property Mo which was part of this estate and stated she was denied a similar use of the property when it was owned by the estate. The property was eventually sold, Ms. Meade related. Closing her remarks, Ms. Meade listed monetary amounts she feels are due to her by the City due to these circumstances. QUESTION AND ANSWER PERIOD: The zoning request from general business to office and professional was questioned and it was explained an office and professional zone with a specific use permit, if granted, will allow a residence in this area. Mayor Coppinger commented that many factors have had to be weighed in this situation and stated the Staff will do its best to resolve these issues. ADJOURNMENT Hearing adjourned at 7:29 P. M. Mayor Coppinger announced the hearing would have to be recessed so that the regularly scheduled Council meeting to be held at 7:30 P. M. could be called to order. This Council meeting will be recessed and the hearing will reconvene so that the last zoning issue can be heard, Mayor Coppinger said. MEETING RECESSED AT 7:29 P. M. MEETING RECONVENED AT 7:32 P. M. PURPOSE OF THE HEARING: APPLICATION NO. 37 REQUEST OF DONALD R. BARRAS, AGENT FOR ALVIN STATE BANK, OWNER, FOR A CHANGE IN ZONING CLASSIFICATION FROM GENERAL BUSINESS (GB) AND COMMERCIAL (C) TO SINGLE FAMILY DWELLING DISTRICT (R-2) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: A 12.1963 ACRE TRACT OF LAND OUT OF LOT 11 OF THE H. MASTERSON SUBDIVISION OF SECTION 5, H. T. & B. R.R. CO. SURVEY, ABSTRACT 237 (FM 518 AND HATFIELD) NUMBER OF SIGNATURES ON ATTENDANCE ROSTER: 6 SPEAKING FOR THE PROPOSED REQUEST: 1. John Garner, 3301 Federal, Pasadena. Mr. Garner stated he is the engineer on the project and stated this is a down zoning for the area and recommended that the change in zoning be approved. 2. Don Barras, 901 Mills, Friendswood. Mr. Barras stated this requested zone change is in the best interest of the City and that it would add to the tax base, noting that the land has sat vacant for years. 3. Debbie Novak, 5609 Cunningham. Ms. Novak stated she is a resident of Corrigan North and would prefer other homes near her residence rather than a commercial establishment. SPEAKING AGAINST THE PROPOSED REQUEST: None QUESTION AND ANSWER PERIOD: There were no questions. Chairman Tetens announced the Planning and Zoning Commission would be meeting immediately on the second floor. ADJOURNMENT Hearing adjourned at 7:35 P. M. Min s approved as submitted and/or corrected this day of A. D., 1993. C. Coppi , Mayo ATTEST: Pa ones, CVEy Secretary