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
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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:
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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.
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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
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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.
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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
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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.
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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)
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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
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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.
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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
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