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2000-01-24 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESi MINUTES - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JANUARY 24, 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 6:37 PM with the following present: Mayor Mayor Pro -Tem Council Member Council Member Council Member Council Member P&Z Chairperson P&Z Vice -Chairperson Commissioner Commissioner Commissioner Commissioner Director of Community Development & Services Secretary Application No. 881 1. 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 meeting was called to order at 6:37 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 Commercial District (C) on the following described property, to wit: Legal Description: A 10.0597 acre tract being Lot 3, of the Allison -Richey Gulf Coast Home Co. Subdivision of Section 10, H. T. & B. R.R. Co. survey, A- 505, Brazoria Co., TX, the plat of said subdivision being recorded in Vol. 2, pg 23 of plat records of Brazoria Co., TX (13025 Stone Road) -1- Owner: Marie Thomson 13025 Stone Road Pearland, Texas 77581 Chairperson Mary Starr read the purpose of hearing into the record. Director of Community Development and Services Gene Tumlinson showed the location map. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Marie Thomson, 13025 Stone Road, explained that they purchased the property several years ago for her husband's shops. After his health failed, the shops were rented out. She stated that she hopes that one day this will be an industrial park. She added that they will make improvements as money permits. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Steve Alsef, 5003 Longleaf, stated thatthere is already a microwave tower approximately one thousand yards away and that they do not need more. He explained that the use is grandfathered, therefore, they can still operate without a zone change. Larry Johnston, 13114 Stone Road, stated that he is against this zone change request because cell phone towers should be limited. V. COUNCILIPLANNING COMMISSIONISTAFF DISCUSSION Council Member Helen Beckman asked if Commercial zoning would automatically allow a cell tower to be built. Director of Community Development and Services Gene Tumlinson stated that Commercial would allow a cell tower. Council Member Richard Tetens asked if Mr. Tumlinson has explained to the property owner that Commercial zoning would make the residence a non -conforming use. Mr. Tiumlinson stated that he has discussed this with the property owner. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 881 adjourned at 6:47 PM. Application No. 892 1. CALL TO ORDER The meeting was called to order at 6:48 PM. -2- 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 Commercial District (C) on the following described property, to wit: Legal Description: A 2 acre tract out of a 5 acre tract out of Lot 1, Allison Richey Gulf Coast Home Co. subdivision of Section 19, H. T. & B.R.R. Co. survey, A-543, according to the map or platthereof recorded in Vol. 2, pgs 23-24 of the plat records of Brazoria Co., TX (4322 W. Stone Road) Owner: Justin Brantley P.O. Box 583 Pearland, TX 77588-0583 Chairperson Mary Starr read the purpose of hearing into the record. Director of Community Development and Services Gene Tumlinson showed the location map. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST none IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Steve Alsef, 5003 Longleaf Drive, stated that this site defaces the area. He explained that people have invested a lot of money in their homes. He expressed concern that changing this zoning to Commercial would have a snowball effect on the area. Emma Vaughan, 925 Cullen Boulevard, explained that she is not speaking against Commercial zoning because this property is not appropriate for any other use. However, she requested that no special provisions be made to allow heavy equipment or unsightly outside storage. Frank Wenglar, explained that he lives across the road from this property. He stated that he is opposed to Commercial zoning because the equipment that this company works on is too large for this piece of land. He added that the equipment is scattered all over the property. He also explained that they park their trucks along the road side, thereby, creating traffic problems. He urged that this property not be rezoned, but instead let this business operate as long as needed under the grandfather rules. Pat Pounds, 4230 Hawk Road, requested that if this crane business remains, they be required to plant shrubs or build a wood fence to block the heavy equipment on the side facing Cullen Boulevard. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION -3- e Council Member Klaus Seeger stated that crane repair requires outside work. Director of Community Development and Services Gene Tumlinson stated that the work is done inside with the storage outside. He also stated that this company had a Brazoria County permit prior to annexation. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 892 adjourned at 6:59 PM. Application No. 850 I. CALL TO ORDER The meeting was called to order at 7:00 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 -Business District (SD - B) to General Business District (GB) on the following described property, to wit: Legal Description: Being 7.60 acres & 12.10 acres out of the T.D. Yocum Survey, A- 399, & the A. C. H. & B. B. survey, A-147, Brazoria Co., TX, (Pearland Parkway between Mary's Creek & John Lizer) Owner: Robert D. & Jacquelyn S. Burgess 2704 Pine Cone Lane Pearland, TX 77581 Chairperson Mary Starr read the purpose of hearing into the record. Director of Community Development and Services Gene Tumlinson showed the location map. He stated that he has talked extensively with the property owners. He explained that Pearland Parkway divided this property. He added that with the configuration of the property and the thirty foot overlay setback and sidewalk requirements, they did not feel that residential would work, therefore, they are requesting General Business. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Bob Burgess, 2704 Pinecone Lane, showed a site plan of the property. He presented a copy of a statement that he then read. He explained that they originally bought the property for a single family dwelling and a barn. However, Pearland Parkway was redirected through the middle of the property. He stated that the request for General Business zoning is consistent with the current Suburban Development Business zoning. El IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Dan Worrall, 4911 Bowser Road, Fulshear, stated that he owns the property just East of the Burgess's tract. He explained that his property was rezoned to R-1 on November 22, 1999. He added that he had worked with Mr. & Mrs. Burgess in the past to put in a retirement center on both properties, however, this project was never developed. He stated that the Comprehensive Plan shows this area as residential. Mr. Worrall stated that rezoning this property General Business would hinder his residential development. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION none V1. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 850 adjourned at 7:15 PM. Application No. 840 1. CALL TO ORDER The meeting was called to order at 7:15 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 Single Family Dwelling District Planned Unit Development (R4 -PUD) on the following described property, to wit: Legal Description: Being 211.9140 acres in the W.D.C. Hall survey, A-23, Harris Co., TX, recorded under County Clerk's File No. T464162, Official Public Records of Real Property of Harris Co., TX (Bellavita @ Green Tee) Owners: Reed -West Investments, Ltd. 6302 Broadway St., Suite 250 Pearland, TX 77584 Agent: Renee West -5- M Chairperson Mary Starr read the purpose of hearing into the record. Director of Community Development and Services Gene Tumlinson showed the location map. He stated that the Planned Unit Development documents have been submitted. Parks Director Ed Hersch stated that the new park land dedication ordinance requires hike and bike trails along the creek. Therefore, the City will need to acquire land to provide these trails. He stated that these would tie directly in with the EI Franco Lee property. Mr. Hersch explained that it would be too costly to place the trails on the North side of the creek because of the cost of a bridge. He also stated that the trails would not go through the subdivision because it will be a gated community. He added that if the developer did not want to give land for the trails, they could give money instead. 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 Mayor Pro -Tem William Berger asked if the developer had the option to give money instead of land. Parks Director Ed Hersch stated that it is the City's decision whether to take land or money. He expiained that if they decided to take the money, there would be no trails because the developer would retain the property. Mayor Tom Reid stated that the map shows a large set back because of the flood zone on the North side of the creek. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 840 adjourned at 7:25 PM. These minutes resp ully subrp1d by: i Mona Ann Phipps, Secretary Minutes approved as submitted and/or corrected this 14th day of ruary 2000. Tom Reid, Mayor 0