1999-04-12 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES034
MINUTES - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING
AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD APRIL 12,
1999, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS.
A series of Joint Public Hearings was called to order at 6:31 PM with the following
present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
P & Z Chairperson
P & Z Commissioner
P & Z Commissioner
P & Z Commissioner
Tom Reid
Larry Wilkins
Richard Tetens
William Berger
Mary Starr
Jack Mathis
Donald Glenn
Emil Beltz
Others in attendance: Director of Planning & Community Development Dennis Smith,
Planning & Zoning Secretary Mona Ann Phipps, City Attorney Darin Coker, Assistant City
Attorney Nghiem Doan, City Engineer John Hargrove, Senior Projects Coordinator Alan
Mueller; Councilmember Helen Beckman and P & Z Commissioners Chris Cookson and
Tommy Scott were absent; P & Z Commissioner Todd locco entered the meeting at 6:43
PM.
Zoning Application No 753
CALL TO ORDER
The meeting was called to order at 6:38 PM.
PURPOSE OF HEARING
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from Classification Single Family Dwelling District (R-3) and
General Business District (GB) to Commercial District (C) on the following
described properties, to -wit:
1. Zoning Application No. 753
Legal Description: Being an 18.00 acre tract out of 136.955 acres, a.k.a. Dissen
Tract, recorded in Volume 505, pg 86, Deed records of
Brazoria Co., TX (Northeast corner of FM 518 & Pearland
Parkway)
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Owner: M.L. Partnership
2905 Country Club Drive
Pearland, TX 77581
Agent: Bob Lewis
Planning & Zoning Chairperson Mary Starr read the purpose of the hearing into
the record.
Director of Planning & Community Development Dennis Smith presented the
location map of the proposed zone change.
III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS
Bob Lewis, 2905 Country Club Drive, Pearland, Texas, stated that the proposed
business for this site will collect a large sum of sales tax for the City and employ
one hundred full time employees and seventy part time employees.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS
none
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
A discussion ensued regarding zoning a large tract of land fronting FM 518
as commercial. Councilmember William Berger expressed concern that this
property would be open to a wide range of uses if the proposed project did
not develop.
Mayor Tom Reid stated that he has met with the proposed developers. He
added that they are ready to move forward on their project as soon as the
property is appropriately zoned. He also stated that this business will be a
great asset to the City and will generate a great deal of sales tax.
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 753 from
R-3 and GB to Commercial adjourned at 6:47 PM.
APPLICATION NO. 695
I. CALL TO ORDER
The meeting was called to order at 6:48 PM.
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IV.
PURPOSE OF HEARING
Request of 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 properties, to -wit:
Legal Description: Being an 11.7401 acre tract
Richey Gulf Coast Home Co
& B. R.R. Co. survey, A-304,
(Corner of FM 518 & CR 93)
Owner: Hannover Estates, Ltd.
7676 Woodway, Suite 238
Houston, TX 77063
Agent:
Ken Caffey
out of Lot 49 & Lot 50, Allison
. Subdivision, Section 85, H. T.
plat records of Brazoria Co., TX
Planning & Zoning Chairperson Mary Starr read the purpose of the hearing into
the record.
Director of Planning & Community Development Dennis Smith presented the
location map of the proposed zone change.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS
Ken Caffey of Hannover Estates, Ltd., stated that this is an ideal property for
Commercial zoning because of the location. He explained that this site is
surrounded by Astro Concrete, a mult-family complex and Crystal Lake
Subdivision. He feels that zoning this property Commercial would be in the
best interest of the City.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS
Bobby Stevener, 1905 Sleepy Hollow, Pearland, Texas, owner of Pearland Animal
Hospital, explained that he owns the tract of land just East of this property. He
is planning a business and currently has a zone change application in for General
Business. He stated that he feels like General Business would be much more
conducive to development. He added that Commercial leaves the site too open
to other uses.
Virgil Gant, 2102 Limrick, Pearland, Texas, echoed Mr. Stevener's statement that
General Business would serve this property better than Commercial.
Lee Smith, 7106 Louisiana, Manvel, Texas, stated that he is a business owner in
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Pearland. He also feels that General Business would be the appropriate zoning
for this property rather than Commercial.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Mayor Tom Reid asked if there were any particular plans for this property.
Director of Planning & Community Development Dennis Smith stated that there
are no certain plans, however, he could possibly speak to the developer to see
if General Business might be acceptable.
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 695 from
Suburban Development to Commercial adjourned at 6:58 PM.
APPLICATION NO. 594
I. CALL TO ORDER
Mayor Tom Reid explained that the owner has requested that this item be
removed from the agenda.
I1. PURPOSE OF HEARING
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from Classification Suburban Development District (SD)
to Light Industrial District (M-1) on the following described properties, to -wit:
Legal Description: Being a 3.00 acre tract out of a 5.00 acre tract, the North 1/2
of the Northeast 1/4, Section 16, H. T. & B. R.R. Co. survey, A-
546, plat records of Brazoria Co., TX (15902 Harkey Road)
Owner: M. Wayne Smith
P.O. Box 267
Pearland, TX 77588
APPLICATION NO. 559 & SPECIFIC USE APPLICATION NO. 68
1. CALL TO ORDER
The meeting was called to order at 6:59 PM.
II. PURPOSE OF HEARING
Request of owners for an amendment to the Land Use and Urban Development
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Ordinance of said City from Classification Suburban Development District (SD)
to General Business (GB) - (S) Specific Use on the following described properties,
to -wit:
Legal Description: Being 4.9678 acres, the South 1/2 of 9.9319 acres, Lot 29,
Allison -Richey Gulf Coast Home Co. subdivision, Section 9,
H. T. & B. R.R. Co. survey, A-234, plat records of Brazoria
Co., TX (14535 Max Road)
Owner: Loye W. & Mary S. Young
P.O. Box 2176
Pearland, TX 77588
Planning & Zoning Chairperson Mary Starr read the purpose of the hearing
into the record.
Director of Planning & Community Development Dennis Smith presented the
location map of the proposed zone change.
111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS
Loye and Mary Young, owners, presented photographs of the property in question
and surrounding properties. Mr. Young explained that they purchased the
property in 1993 with a ten year plan. He stated that Metallurgical, two businesses
down, is already zoned Commercial. There is also a trucking company next to his
property. He stated that they built a barn with an apartment originally. The first
five years, they built and paid for the barn and apartment with plans to retire and
build a home on this property. However, before they could begin the home, the
property was annexed by the City. He explained that he makes wire rope and
web belt slings in the barn.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS
none
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
none
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 559 and
Specific Use Application No. 68 from Suburban Development to General Business
r— with a Specific Use adjourned at 7:07 PM.
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APPLICATION NO. 675
I. CALL TO ORDER
The meeting was called to order at 7:07 PM.
11. PURPOSE OF HEARING
Request of owners 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 properties, to -wit:
Legal Description: Being approximately 48.17 acres, W.L. Dobson survey, A-187,
the Southwest corner of the Wm L. Dobson tract, Volume 36,
according to the plat records of Brazoria Co., TX (Cullen Blvd
@ W. Stone Road)
Owner: Estate of Princess Rose Marie Bagnoli
Alice Almokary & Jack N. Nahas, Ind. Co Executors
7535 Brompton Court
Houston, TX 77025
Agent: Benjamin H. Best, II
P.O. Box 1168
Pearland, TX 77588
Planning & Zoning Chairperson Mary Starr read the purpose of the hearing
into the record.
Director of Planning & Community Development Dennis Smith presented the
location map of the proposed zone change.
III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS
Ben Best, 2414 S. Park, Pearland, Texas, stated that he is in favor of the zone
change.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS
Frank Wengler, stated that he owns approximately fifty acres just Southwest of
this property. He explained that he is against a cemetery being built on this
property. He expressed concerns regarding the amount of traffic and the
environmental impact a cemetery and mortuary would have on the property.
Robert L. Garner, Jr., 4642 Brookside Road, Pearland, Texas, stated that his
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property is located directly across from this property. He stated that being
annexed by the City and zoning restrictions should enhance the value of property,
not lower it. He also reiterated Mr. Wengler's concerns regarding traffic.
Carolyn Wengler, 418 FM 865, stated that she has had a long fight against an
incinerator in the area and now, she faces new problems with a cemetery. She
stated that a cemetery would devalue the surrounding properties.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
none
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 675 from
Suburban Development to General Business adjourned at 7:23 PM.
APPLICATION NO. 669
1. CALL TO ORDER
The meeting was called to order at 7:23 PM.
II. PURPOSE OF HEARING
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from Single Family Dwelling District (R-1) to Single Family
Dwelling District (R-3) on the following described properties, to -wit:
1. Zoning Application No. 669
Legal Description: Being 28.096 acres of a 191.1139 acre tract, W.D.D. Hall
League, A-70 & part of Lots 13, 14, 19 & 20-23, of the S.W.
Narregang subdivision, Volume 1, pg 92, according to map
records of Brazoria Co., TX (Northwest of Dixie Farm Road -
Oakbrook Estates, Section 5)
Owner: Oakbrook Estates, Ltd.
7676 Woodway, Suite 238
Houston, TX 77063
Agent: Ken Caffey
Planning & Zoning Chairperson Mary Starr read the purpose of the hearing
into the record.
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Director of Planning & Community Development Dennis Smith presented the
location map of the proposed zone change.
111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS
Clinton Wong, 11135 N. Country Squire, Houston, explained that they are
proposing to add 101 lots to Oakbrook Estates. He is proposing R-3 zoning with
60 and 70' wide lots. He added that the existing community has a swimming
pool. He stated that he is proposing walking trails around the detention ponds
and the homes will be priced around $125,000.00. He also explained that the
growth will continue to the West and South to Dixie Farm Road with another
entrance.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS
Foster Foucheaux, 2102 W. Marys Creek, expressed concern about the traffic that
would be created by this proposed densely populated subdivision. He stated that
the streets in Shadycrest are very old and any additional traffic would damage
them more. He added that many people walk, jog and bicycle in Shadycrest on
the street because there are no sidewalks. Mr. Foucheaux stated that a child was
killed years ago due to someone speeding through the subdivision. He also
expressed concern about the sewer that services Shadycrest.
Patty Boyles, 4016 Shadycrest, stated that she doesn't see any reason to change
to R-3 zoning, except for the developer to make more money. She encouraged
the City Council and Planning & Zoning Commission to leave this property zoned
R-1.
Sherry Wiseburn, 3501 Shadycrest, explained that her daughter, Jennifer, was the
child who was killed. She added that many homes in an area creates problems
for the children and the long streets are very conducive to speed.
Frank Wiseburn, 3501 Shadycrest, stated that he is very concerned about the kids.
He echoed the concerns regarding speeding vehicles, excessive traffic and no
sidewalks.
Kelly Anders, Dixie Farm Road, stated that the Planning and Zoning Commission
does not take their job seriously. She is also concerned about the drainage. She
stated that adding 101 houses on 28 acres will definitely affect the drainage.
Misty Yarneau, 3705 Longherridge, explained that she has a four year old son
learning to ride his bike. She was not aware that a child had already been killed,
however, she is very concerned because there are no sidewalks. She added that
Shadycrest did not need any more streets coming through.
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Carol Ritter, 3511 Longherridge, stated that people move to the area and plan for
r- their future. She added that they trust their community fathers to maintain the
community, however, downgrading zoning around them breaches that trust. She
urged that Council and Planning and Zoning Commission to stick to the existing
plan and to get the comprehensive plan approved.
Leanne Strickland, 2106 Sprite, stated that they do not understand why the zone
should be changed. She did not understand why ingress or egress had to come
through Shadycrest. She also expressed concerns about drainage and additional
children trying to get to school.
Ron Srickland, 2106 Sprite, explained that he and his wife have lived in
Shadycrest for twenty-one years. They moved there to live in a good, quiet, safe
community, however, they would have never bought their home had they known
the zoning would be changed around them. He also expressed concern about
drainage.
Sarah Dornak, 3906 Longherridge, stated that she likes to ride bikes and walk with
friends. She would like Shadycrest to remain a quiet neighborhood.
Joyce Walker, 4010 Shadycrest, explained that she has relatives that live on
Mary's Creek that the sewer backs up in their house during heavy rains. She
stated that she knows of at least four homes that have this problem.
Richard Sheridan, 2104 Lake Edge, stated that he opposes this zone change. He
doesn't feel that the streets can handle more traffic and their are no sidewalks.
Robert Williams, 4003 Longherridge, explained that he likes their nice quiet
community. He added that the subdivision is safe because of few entrances. He
also expressed concern about drainage and encouraged Council to approve
the master plan.
Pat Colson, 2103 E. Mary's Creek, expressed concern for his two children who
ride their bikes in the neighborhood. He encouraged the approval of the master
plan. He also cautioned the City about the flow of traffic through Oakbrook
Estates.
Larry Marcott, 3606 Inverness Court, expressed concern regarding the loss of
green space. He also stated concerns with the drainage to Mary's Creek.
Alfonse Raska, 2107 Sprite Lane, stated that he has lived in Shadycrest for thirty-
five years. He explained that he has many of the same concerns previously
mentioned. He also added that he is afraid they will be surrounded by high
density development.
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V.
Adolf Hruzek, 3905 Longherridge, stated that he is a thirty-six year resident
of Shadycrest. He strongly urged the zone change be denied.
Carol Brasko, 3416 Shadycrest, explained that there is already problems with
speeding. She stated that cars honk at her when she slows to turn in her
driveway. She feels that this new subdivision would create even more traffic.
Ken Hanslik, 2101 E. Mary's Creek, expressed concern that there is only one exit
out of the back of the subdivision. He also stated that they have sewer problems.
Darrell Acheledo, 2101 Shadybend, stated that people run the stop sign near his
house everyday. He also stated that water backs up near his house in the event
of heavy rains.
Gwen Erwin, 2101 Sprite Lane, explained that there are a lot of heart patients
in Shadycrest. He sees no reason to make traffic worse by opening up streets to
another subdivision.
Mark Matusek, 2003 Deepbrook, urged the City Council and Planning and Zoning
Commission to vote against this proposed zone change.
Gene Karstedt, 4006 Shadycrest, also urged this property remain R-1 zoning.
Tom Daniel, 2104 Marys Creek West, explained that he walks in the neighborhood
and urged the Council to get the master plan approved.
Mike Griffin, 2009 Deepbrook, stated that he is opposed to this zone change
because of traffic and drainage. He added that he had voiced complaints with the
City Engineer at least a dozen times.
Roger Roecker, 4008 Shadycrest, stated that these are not just Shadycrest
problems, but City of Pearland problems. He hopes that the City Council and
Planning and Zoning Commission agree that these issues are important.
Ronnie Richard, 4015 Longherridge, stated that adding additional concrete can
not help drainage. He added that the City installed a 2' culvert in his yard to
alleviate his drainage problem, however, his neighbors still suffer. He reiterated
the need for the master plan.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Mayor Tom Reid explained that the City does have a master plan for the
incorporated areas, however, they are now adding the newly annexed areas. He
added that each property owner has the right to ask for whatever zoning they may
choose on their property. He stated that eventually someone will want to develop
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the area surrounding Shadycrest, preferably as R-1. However, the City must
consider each zone change request.
Commissioner Larry Wilkins stated that he is opposed to this zone change. He
recently spoke to the Shadycrest Homeowners Association and feels that granting
this zone change to R-3 would ruin this subdivision.
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 669 adjourned
at 8:15 PM.
APPLICATIONS NO. 513, 632, 634, 635, 640, 647, 650, 663, 664, 678, 681 AND 686
I. CALL TO ORDER
II. PURPOSE OF HEARING
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from Suburban Development District (SD) to Single Family
Dwelling District (R-1) on the following described properties, to -wit:
1. Zoning Application No. 513
Legal Description: Being 0.76 acres in the South 1/2 of the Northeast 1/4 of the
Southeast 1/4, G.C. Smith survey, Section 16, A-546, plat
records of Brazoria Co., TX (6037 Sharondale)
Owner: Jose & Irma R. Adame
6024 Terrell Drive
Pearland, TX 77584
2. Zoning Application No. 632
Legal Description: Lot 1, Block 2, Robin Cove subdivision, according to the
plat records of Brazoria Co., TX (5506 Robin Sound)
Owner: Gary G. Harrington
5506 Robin Sound
Pearland, TX 77581
3. Zoning Application No. 634
Legal Description: Lot 8, Block 1, Section 2, Robin Cove subdivision,
according to the plat records of Brazoria Co., TX (5403
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Robin Meadow)
Owner: Todd & Wendy Standorf
5403 Robin Meadow
Pearland, TX 77581
4. Zoning Application No. 635
Legal Description: Lot 6, Block 1, Section 2, Robin Cove subdivision,
according to the map or plat recorded in Brazoria Co.,
TX (5406 Robin Meadow)
Owner: Mark & Anne Whaley
5406 Robin Meadow
Pearland, TX 77581
5. Zoning Application No. 640
Legal Description: Lot 3, Block 1, Section 1, Robin Cove subdivision,
according to the plat records of Brazoria Co., TX (5410
Robin Sound)
Owner: Roy & Carolyn Allison
5410 Robin Sound
Pearland, TX 77581
6. Zoning Application No. 647
Legal Description: Lot 10 & the East 1/2 of Lot 11, Block 3, Cas -Con Acres
subdivision, the Northwest 1/4 of the Southwest 1/4, H.
T. & B. R.R. Co. survey, Section 14, A-509, Volume 5,
pg 137, plat records of Brazoria Co., TX (6154
Cottonwood)
Owner: Charles & Dianna Gwosoz
6154 Cottonwood
Pearland, TX 77581
7. Zoning Application No. 650
Legal Description: Being Lot 5, Block 10, Hickory Creek Place subdivision,
H. T. & B. R.R. Co. survey, A-219, recorded in Volume
11, pg 1, plat records of Brazoria Co., TX (5942 Kelly
Drive)
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Owner: Donald E. & Ronda Kay Lee
5942 Kelly Drive
Pearland, TX 77581
8. Zoning Application No. 663
Legal Description: Being approximately the South '/z of Lot 25, Allison -
Richey Gulf Coast Home Co. subdivision, Section 9, H.
T. & B. R.R. survey, A-234, recorded in Volume 2, pg
23, plat records of Brazoria Co., TX (2301 Max Road)
Owner: Marvin A. & Lillian Gajevsky
2301 Max Road
Pearland, TX 77581
9. Zoning Application No. 664
Legal Description: Being the South 1/2 of Lot 9 & Lot 10, Block 5, Hickory
Creek Place subdivision, according to the plat records
of Brazoria Co., TX (5839 Kelly Drive)
Owner: Tommy L. Harrison
5839 Kelly Drive
Pearland, TX 77581
10. Zoning Application No. 678
Legal Description: Lot 16, Cas -Con Acres, Section 2, H. T. & B. R.R. Co.
survey, A-509, recorded in Volume 15, pg 209, plat
records of Brazoria Co., TX (5830 Raza)
Owner: Deanna Pregeant
5830 Raza
Pearland, TX 77584
11. Zoning Application No. 681
Legal Description: Lot 14, Block 6, Hickory Creek Place subdivision,
Section 7, H. T. & B. R.R. Co. survey, A-219, recorded
in Volume 11, pgs 1-2, plat records of Brazoria Co., TX
(5830 Kelly)
Owner: G. H. & Thomasina Watkins
2142 Kelly Drive
Pearland, TX 77581
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12. Zoning Application No. 686
Legal Description: Lots 23 & 24, Block 2, Wagon Wheel addition, A-509,
Volume 8, pg 79, plat records of Brazoria Co., TX
Owner: John Lee Collins
6013 Patridge Drive
Pearland, TX 77584-8333
Planning & Zoning Chairperson Mary Starr read the purpose of the hearing
into the record.
Director of Planning & Community Development Dennis Smith presented the
location map of the proposed zone change.
III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS
none
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS
none
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
none
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Applications No. 513, 632, 634,
635, 640, 647, 650, 663, 664, 678, 681 and 686 adjourned at 8:24 PM.
The series of Joint Public Hearings adjourned at 8:25 PM.
These minutes respecfully submitted by:
i
Mona Ann Phip s, Planning & Zoning
Minutes approved as submitted and/or corrected this d of r ,
A. D., 1999
Tom Reid, Mayor
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