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2000-01-10 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES1.. MINUTES - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JANUARY 10, 2000, 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 6:36 PM with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember P&Z Chairperson P&Z Vice -Chairperson P&Z Commissioner P&Z Commissioner P&Z Commissioner P&Z Commissioner Director of Community Development & Services Secretary Application No. 855 CALL TO ORDER Tom Reid William Berger Helen Beckman Klaus Seeger Richard Tetens Larry Wilkins Mary Starr Tommy Scott Donald Glenn Todd locco Russ Selemon Charles Viktorin Gene Tumlinson Mona Ann Phipps The Joint Public Hearing was called to order at 6:37 PM. II. 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 property, to wit: Legal Description: 2.5 acres out of Lot 13, Allison Richey Gulf Coast Home Co. Subdivision, Section 7, H. T. & B. R.R. Co. survey, A-219, Brazoria Co., TX, (1829 Garden Road) Owner: Daniel & Diane Estes 1829 Garden Road Pearland, TX 77581 Chairperson Mary Starr read the purpose of the hearing. Director of Community 4- 067 Development and Services Gene Tumlinson showed the location map. He stated that the comprehensive plan shows this area as low density residential. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Danny Estes, owner, stated that they want to rezone because they have decided to move and feel that they can sell their property for more if it is zoned Commercial. Diane Estes, 1829 Garden Road, explained that there is a lot of Commercial property around them. She stated that they first moved there because the area was not congested, however, now it is. Stephanie Edwards, 1821 Garden Road, stated that they want to expand their business. She reiterated the fact that they are surrounded by Commercial property. She added that she has just had her property rezoned. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Randy Johnson, 14010 O'Day Road, stated that he moved here in 1992. He added that the area is getting too congested because of all the businesses in the area. He also stated that they are on water wells and need city utilities. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilman Richard Tetens asked what zoning surrounds this property. Director of Community Development and Services Gene Tumlinson stated that there is M-2 to the South, and some M-1 mixed with residential and Commercial. He explained that many people in the area have a residence and a business, therefore, the use is very mixed. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 855 adjourned at 6:47 PM. Application No. 856 1. CALL TO ORDER The Joint Public Hearing was called to order at 6:48 PM. II. 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 property, to wit: -2- 0— 063 Legal Description: .5238 acre tract out of Lot 1, Allison -Richey Gulf Coast Home Co. Subdivision of Section 10, H. T. & B. R.R. Co. survey Owner: Byron Stephen Sutherland 514 Snug Harbor Drive Liverpool, Texas 77577 Chairperson Mary Starr read the purpose of the hearing. Director of Community Development and Services Gene Tumlinson showed the location map. He stated that the comprehensive plan shows this area as low density residential. He added that there is a three bay garage with several vehicles sitting out currently on the property. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Steve Sutherland, explained that he wants to change the zoning because he operates a truck and auto repair shop on the property. He stated that the shop was built over fifteen years ago. He named several of the businesses which surround his property. He explained that his grandmother, the lady the road was named after, gave him this property. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST none V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Richard Tetens asked Director of Planning and Community Development Gene Tumlinson if there is any property already zoned in this area. Mr. Tumlinson stated that several properties to the South have been rezoned, however, not in this immediate area. He stated that this area has a very mixed use. Mayor Pro -Tem William Berger asked if the shop is currently in operation. Mr. Sutherland stated that the business is in operation, however, he only works evenings and weekends because he is attending college. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 856 adjourned at 6:53 PM. Application No. 863 CALL TO ORDER The Joint Public Hearing was called to order at 6:54 PM. -3- it. 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-2) to Commercial District (C) on the following described property, to wit: Legal Description: A 5.0002 acre tract of land being the South �/2 of Lot 34, H. T. & B. R.R. Co. survey, Section 6, A-544, Brazoria Co., TX, according to the map or plat thereof recorded in Vol. 136, pg. 501, deed records of Brazoria Co., TX (O'Day Road) Owner: Janet Milner 2901 Whispering Winds Drive Pearland, TX 77581 Agent: Charlie Eason Chairperson Mary Starr read the purpose of the hearing. Director of Community Development and Services Gene Tumlinson showed the location map. He stated that the comprehensive plan shows this area as low density residential. He added that there area number of properties zoned R-1 adjacent to this property and R-2 zoned properties around it. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Phillip Jones, 4011 Spring Garden, explained that he wants to purchase this property to relocate his business, Ace Automation. He stated that he would use the property mostly for storage. He has five employees, however, they report to work off-site. He explained that he wants to build a small office/warehouse building for a couple of office people. He stated that his company has no environmental effects on the area. He stated that his company is still growing and will possibly have twenty to thirty employees in the future. Mr. Jones added that he is a Pearland resident. He also added that it is getting hard to find good Commercial property. Jan Milner, 1112 Woodchase, stated that she has been a Pearland resident for twelve years. She explained that Mr. Jones has had a contract on this property since April, 1999. She added that his business will be operated completely inside the building with no heavy equipment to destroy O'Day Road. James Durassey, explained that he owns the business diagonally across from this property. He stated that there are many Commercial properties in the area, therefore, he does not see any reason not to rezone the property. He added that Ace Automation is a good, clean business earning good money for the City. Mr. Durassey asked how the blanket residential zoning came about. He stated that all of this property was unrestricted county land before annexation. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 070 Randy Johnson, 14010 O'Day Road, explained that the area went from five to thirty people. He stated that he lives directly across the street from this property. He added that he would like to see more residential in this area because that is what it was designed for. Alice Moore, 6206 Kelly, stated that she lives in the subdivision across from this property where there are approximately eighty homes. She also stated that she purchased the property in 1965. She explained that they are being boxed in by businesses. She expressed concern for O'Day Road becoming "trashed out' like Garden Road. Ms. Moore stated that there is approximately one hundred twenty acres of land for sale in the immediate area. She is concerned that zoning this property Commercial will set a precedence for the surrounding property. Leon Payne, 2137 Melanie, spoke against the zone change request. Bill Perry, 2154 Melanie, stated that he lives approximately three to four hundred feet from this property. He urged the Council and Planning Commission to keep this area residential. Jean Bons, 2053 Kelly Drive, explained that she lives one block off of Garden Road. She does not want O'Day to look like Garden Road. She stated that she would like to keep O'Day Road residential. She added that the businesses that are existing were already there. Paula Payne, 2137 Melanie, stated that she owns a business on the property directly across from this property. She explained that they purchased this property over thirty years ago for their business. She stated that she would have been against that property being used as a business, however, it was already being used as such. She expressed concern about their property values going down due to the number of businesses. Michael Salaya, 2038 Melanie, explained that Hickory Creek subdivision is a unique neighborhood with nice, large yards. He stated that they are now being sandwiched in by businesses, therefore, creating more traffic in the area. Carl Eastburn, 6306 Marsha Lane, stated that he is against any Commercial zoning on Garden Road or O'Day Road. He expressed concern about their property values decreasing. Nita Akenbrook, 6222 Kelly Drive, encouraged the Council and Planning Commission to keep the area residential. She stated that property values have risen, however, she does not want them to drop due to more businesses in the area. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION City Attorney Darrin Coker explained that the property is zoned R-2, not Suburban Development. -5- 071 VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 863 adjourned at 7:18 PM. Application No. 858 CALL TO ORDER The Joint Public Hearing was called to order at 7:19 PM. II. PURPOSE OF HEARING Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to General Business District (GB) on the following described property, to wit: Legal Description: Being 1.986 acres of land situated in Tract "D" of a subdivision of A. C. H. & B. R.R. Co. survey, Section 1, A-147, Brazoria Co., TX (Walnut Street) Owners: Ronnie & Rebecca Acosta 2007 Deepbrook Drive Pearland, TX 77581 Chairperson Mary Starr read the purpose of the hearing. Director of Community Development and Services Gene Tumlinson showed the location map. He stated that the comprehensive plan shows this area as retail, office, services. He added that they are requesting this zone change in order to build a daycare. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Becky Acosta, 2007 Deepbrook, stated that she is a small business owner. She owns and operates three daycare centers. She explained that they currently lease the old school administration building, however, they are wanting to build their own building. She stated that they were told that the property was zoned General Business when they purchased it, however, they were informed that it was zoned Multi -Family when they applied for the building permit. James McFeron, 3823 Buckholt, stated that this property was once zoned General Business. He added that a daycare is consistent with the area. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST none -6- 072 V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION none Vi. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 858 adjourned at 7:19 PM. Application No. 799 & Specific Use 69 CALL TO ORDER The Joint Public Hearing was called to order at 7:19 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- Specific Use (GB -S) for a veterinary hospital on the following described property, to wit: Legal Description: Being 6.363 acres out of Lots 49 & 50, Allison -Richey Gulf Coast Home Co. subdivision, Section 85, H. T. & B. R.R. Co. survey, A- 305, plat records of Brazoria Co., TX (Broadway Street) Owner: Bobby L. Stevener, D.V.M. 1601 N. Main Pearland, TX 77581 Agent: Jack McGuff, Jr. A.I.A. 5208 Broadway #208 Pearland, TX 77581 Chairperson Mary Starr read the purpose of the hearing. Director of Community Development and Services Gene Tumlinson showed the location map. He stated that the comprehensive plan shows this area as high density residential. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Jack McGuff, 5208 Broadway, explained that they are proposing a twenty thousand five hundred (20,500) square foot building. A portion of that building will be a veterinarian hospital. He added that the request for a specific use is for an inside boarding kennel in the future. He stated that the property is three hundred (300) foot by nine hundred (900) foot of which the back four and a half acres will be used for the kennel. -7- 073 Bobby Stevener,1905 Sleepy Hollow, explained that he is the owner of Pearland Animal Clinic currently located at 1601 N. Main. He stated that they are proposing a quality facility that will fit nicely into this area. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST none V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION none VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application 799 and Specific Use 69 adjourned at 7:30 PM. Applications No. 853, 854, 857, 859. 860.861 and 862 CALL TO ORDER The Joint Public Hearing was called to order at 7:31 PM. II. 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 Single Family Dwelling District (R-1) on the following described property, to wit: 1. Zoning Application No. 853 Legal Description: A 1.0101 acre tract of land known as Lot 10, Bethel Subdivision, Section 2, an unrecorded subdivision of 25.9538 acres out of Lots 39, 40, 55 & 56, Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-543, Brazoria Co., TX (13842 Stone Road) Owner: John & Sharon Pierson 13842 Stone Road Pearland, TX 77584 2. Zoning Application No. 854 Legal Description: 5.0 acres, more or less, being the North %: of Lot 7, Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (1025 Cullen Boulevard) g `. 074 Owner: Raymond & Emma Vaughan 925 FM 865 Pearland, TX 77581 3. Zoning Application No. 857 Legal Description: A 3.6419 acre tract known as Lot 7, Bethel Subdivision, Section 2, an unrecorded subdivision of 25.9538 acres out of Lots 39, 40, 55 & 56 of the Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (13814 Stone Road) Owner: Kim & Julie Davidson 1018 W. Belgravia Drive Pearland, TX 77584 4. Zoning Application No. 859 Legal Description: Lot 4, Block 12, West Lea subdivision, Section 3, Brazoria Co., TX (Manvel Road) Owner: Suzanne P. Spoon 10221 Hanselman Manvel, TX 77578 5. Zoning Application No. 860 Legal Description: 2.99 acres in Lot 57, Allison -Richey Gulf Coast Home Company's part of Suburban Gardens, Section 19, H. T. & B. R. R. Co. survey, A-243, according to the map or plat thereof recorded in Vol. 2, pg 23, of the plat records of Brazoria Co., TX (14001 Garden Road) Owner: Hallie O. Sadberry 2750 Holly Hall Drive Houston, TX 77054 6. Zoning Application No. 861 Legal Description: Lot 13, Block 8, Hickory Creek Place, Brazoria Co., TX (6421 Kelly) Owner: Sherri Hickman 6421 Kelly Drive Pearland, TX 77581 In 075 7. Zoning Application No. 862 Legal Description: 1.25 acres of land out of Lot 169, Zycklinski Subdivision, Section 27, H. T. & B. R.R. Co. survey, A-308, Brazoria Co., TX, according to the map or plat thereof in Vol. 29, pg 9, of the deed records of — Brazoria Co., TX (119 Herbert Drive) Owner: Jesse H. Bowman & Cary E. McDonald 4317 Well Drive Pearland, TX 77584 Chairperson Mary Starr read the purpose of the hearing. Director of Community Development and Services Gene Tumlinson showed the location map. He stated that the comprehensive plan shows each of these areas except Application 862 as low density residential. The area surrounding Application 862 shows light industrial. Ill. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Alice Moore, 6206 Kelly, spoke in support of Application No. 861. She stated that they do not consider their area low density housing because there are approximately eighty homes in the subdivision. Kerry McDonald, 4317 Wells, spoke in support of Application No. 862. She explained that they have lived in a mobile home on this property since 1970. She stated that they are now wanting to build a home, therefore, they need the zoning changed. She added that Herbert Drive was named after her father. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Carole Alford, 2907 Yorkshire Court, spoke in opposition to Application 854. She explained that she and her husband own L & B Protective Coating on Cullen Boulevard. She stated that is a vacant piece of land. Ms. Alford stated that this is not a quiet residential street, but an industrial area. She added that she would be against any zoning except industrial for the area. She questioned why people within two hundred (200) foot of the property are notified if anyone can speak for or against the zone change request. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid explained that the law requires the City to mail notices to all surrounding property owners within two hundred (200) feet of the subject property. However, anyone in the community is welcome to speak in reference to a proposed zone change. 6[12 [1M Councilmember Richard Tetens asked Director of Community Development and Services Gene Tumlinson to explain "low density". Mr. Tumlinson explained that low density means zero to four homes per acre. Councilmember Helen Beckman stated that low density means large lot subdivisions. Councilmember Larry Wilkins added that the word 'low" in low density is actually the highest zoning for residential, therefore, in this reference 'low" does not mean inferior. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Applications No. 853, 854, 857, 859, 860, 861 and 862 adjourned at 7:48 PM. The series of Joint Public Hearings adjourned at 7:49 PM. These minutes respectfully submitted: Mona Ann Phipps, Secretary Minutes approved as submitted and/or corrected this 24th day 11anuary 2000. Tom Reid, Mayor -11- 077