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2000-02-14 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES108 MINUTES - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD FEBRUARY 14, 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 6:32 PM with the following present: Mayor Tom Reid Mayor Pro -Tem William Berger Council Member Klaus Seeger Council Member Richard Tetens Council Member Larry Wilkins P&Z Chairperson Mary Starr P&Z Vice Chairperson Tommy Scott P&Z Commissioner Emil Beltz P&Z Commissioner Donald Glenn P&Z Commissioner Todd locco P&Z Commissioner Russ Selemon P&Z Commissioner Charles Viktorin Director of Community Development & Services Gene Tumlinson P&Z Secretary Mona Ann Phipps Application No. 864 CALL TO ORDER The meeting was called to order at 6:32 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: Lot 3 of the Partition of the East Y2 of the Northwest 1/4 of Section 15 of H. T. & B. R.R. Co. survey, A-241 of Brazoria Co., TX according to the map or record in Vol. 441, pg 265 of the deed records of Brazoria Co., TX (5518 Broadway) Owner: Bob G. York 5518 Broadway Pearland, TX 77581 -1- Agent: E. Mauris Hardcastle Planning and Zoning Chairperson Mary Starr read the purpose of the 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 Mauris Hardcastle, 2311 Green Tee Drive, represented Bob York. He explained that Mr. York has owned and operated his business for approximately sixteen (16) years. He stated that the buildings were built for Commercial use. Mr. Hardcastle also explained that it would be very expensive to alter the buildings to be used for another use. He added that without the appropriate zoning, Mr. York would not be allowed to add on to or repair the facility. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST none V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION none V1. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 864 adjourned at 6:38 PM. Applications No. 898, 899, 900, 901 and 902 1. CALL TO ORDER The meeting was called to order at 6:39 PM. 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 Commercial District (C) on the following described property, to wit: 1. Zoning Application No. 898 -2- 109 110 Legal Description: 10.00 acres of land situated in the Southwest 1/4 of the Northwest 1/4 of Section 17, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (2411 CR 89) Owner: Earl M. Onitsuka P.O. Box 1461 Pearland, TX 77588 2. Zoning Application No. 899 Legal Description: 2.5 acres of land out of a 40 acre tract of land in the Southwest 1/4 of the Northwest 1/4 of Section 17, H. T. & B. R.R. Co. survey, A- 242, Brazoria Co., TX (8017 Fite Road) Owner: Gerald W. Olson P.O. box 1087 Manvel, TX 77578 3. Zoning Application No. 900 Legal Description: Lot 1A-6, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (8101 Fite Road) Owner: Barker & Bucek 8101 Fite Road Pearland, TX 77584 4. Zoning Application No. 901 Legal Description: Lot 1A, H. T. &B. R. R. Co. survey, A-242, Parcel No. 42, Brazoria Co., TX (Fite Road) Owner: Blaine F. Barker II ABA Barker Development Co. P.O. Box 24 Manvel, TX 77589 5. Zoning Application No. 902 Legal Description: Tract 1A-3, out of a 40 acre tract of land, known as the Southwest 1/4 of the Northwest 1/4 of Section 17, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (8001 Fite Road) Owner: Earl M. Onitsuka P.O. Box 1461 Pearland, TX 77588 M11 111 Planning and Zoning Chairperson Mary Starr read the purpose of the hearing into the record. Director of Community Development and Services Gene Tumlinson showed the location map. He explained that there is very little zoning in this area. He also stated that the City is in the process of negotiating Rights of Way for sewer expansion easements on these properties. Mike Chance, Directorof Pearland Economic Development Corporation, represented Mr. Bucek of Teleflo, who had to be out of town. He explained that EDC has worked with this company a number of times on expansions. He added that they have grown from three (3) to seventy (70) employees. He also stated that the company has been bought out by a large corporation, therefore, they plan to continue to expand. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST none IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST E. R. Milstead, 2950 Old Chocolate Bayou, explained that he lives on ten acres across the street from the property being considered in Application 898. He stated that he is concerned with whattype of business might come in ifthe property is zoned Commercial. He added that he wants to be sure that whatever business comes in can co -exist with a residence. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Pro -Tem William Berger explained that we are zoning dirt only. He stated that the City has no say in what business occupies a property if it complies with the zoning. Council Member Larry Wilkins asked if there was much development in the area. Director of Community Development and Services Gene Tumlinson stated that the nearest development under construction is Villages of Edgewater Estates on Chocolate Bayou Road. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Applications No. 898, 899, 900, 901 and 902 adjourned at 6:50 PM. Zoning Application No. 885 I. CALL TO ORDER The meeting was called to order at 6:50 PM. ss 112 ` 11. 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 (R1) to Single Family Dwelling District Planned Unit Development(R2-PUD) on the following described property, to wit: Legal Description: Being a 120.417 acre tract in the W.D.C. Hall League, A-70 & parts of Lots 13-24, S.W. Narregang subdivision, Vol. 1, pg 92 & also Lots 1 & 2, George W. Jenkins subdivision, Vol. 79, pg 616, Brazoria Co. map records (Oakbrook Estates) Owner: Oakbrook Estates Ltd 7676 Woodway, Suite 238 Houston, TX Agent: Ken Caffey Planning and Zoning Chairperson Mary Starr read the purpose of the hearing into the record. Director of Community Development and Services Gene Tumlinson showed the location map. He stated that the Planned Unit Development documents seem to be sufficient and in order. A correction to the agenda was noted. The property is being rezoned from R-1 and R-3 to R-2 PUD. Ed Hersch, Parks Director, explained that he has spoken to Mr. Wong, the developer of this property. Mr. Wong has expressed a desire to establish a City park in this new section. Mr. Hersch stated that he will continue to work with Mr. Wong regarding this issue. Clinton Wong of Amvest Properties, Houston, Texas, stated that this property consists of approximately one hundred twenty (120) acres on which they are proposing to expand Oakbrook Estates. He added that the new section will have approximately three hundred eighty eight (388) lots. Mr. Wong explained that in their land planning, they have made sure that the streets into Shadycrest remain closed. He also stated that the lots bordering Shadycrest are approximately eight thousand (8000) square foot lots. He added that they have maintained green spaces within the development. They have also provided adequate access off of Dixie Farm Road and eventually Pearland Parkway. Mr. Wong stated that the homes will be at least one hundred forty thousand dollars ($140,000.00) and up. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST none IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 52 113 Dwayne Lum, Lee Lane, explained that he is a member of the Parks Board. He stated that he was not sure whether to speak for or against this request. He added that the park plan was not adequate when he originally saw it. However, he has learned that the developers will address the Park Board concerns. Those concerns include the park not being visible from the road for parents or police and little parking. Mr. Lum read a letter from another Park Board member, Kenneth Guyer. The letter stated that the park drawing looks good, except that the park is hidden. It also addressed concerns regarding very little parking and access behind or thru residential lots. The letter stated that the City should take the money for parks instead of the land because of the headaches associated with maintaining the park and safety in the park. Adolph Rusek, 3905 Longherridge, expressed his opposition to this request because he is concerned that they will build up the land behind his home. He explained that his home is an older home and will be flooded by this new development. He stated that the property was R-1 when the developer bought it, however, they only want to rezone it to make more money. Larry Marcott, 3606 Inverness Court, explained that he spoke against this request previously. He stated that they should build according to what the property is already zoned for. Patty Boyles, 4016 Shadycrest, explained that she is opposed to this request. She stated that the developer is the only one who will benefit from this zone change. She asked if the City could get the cost of the homes starting at one hundred forty thousand dollars ($140,000.00) in writing to be sure that they really do. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Council Member Klaus Seeger explained that the Planned Unit Development attached to this zone change request does have much more control over how the development is built. Mayor Pro -Tem William Berger asked City Engineer John Hargrove to address Mr. Rusek's concerns about being flooded by this new development. Mr. Hargrove explained that there is always concern about flooding immediate neighbors, however, unless there are burms or swells built up, it should not flood the neighbors. He stated that the engineering department approves the plats and inspects the subdivision at the time of construction. He also stated that detention ponds will protect down stream neighbors. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 885 adjourned at 7:09 PM. IQ Zoning Applications No. 865, 866, 867, 880 and 887 1. CALL TO ORDER The meeting was called to order at 7:10 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 (R1) on the following described property, to wit: 1. Zoning Application No. 865 Legal Description: 4.9991 acre tract, being the North '/z of Lot 19, Allison Richey Gulf Coast Home Co. Suburban Gardens Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX as per map or plat thereof recorded in Vol. 2, pg 23 & 24, Brazoria Co., TX (Adamo Lane) Owners: Charles & Delores Garcia 6759 Ridgeway Houston, TX 77087 2. Zoning Application No. 866 Legal Description: 2.9799 acre tract out of Lot 1, Allison -Richey Gulf Coast Home Co. subdivision of Section 10, H. T. & B. R.R. Co. survey, A-505, Brazoria Co., TX (12931 Stone Road) Owners: Juanita Sutherland 2458 Country Club Drive Pearland, TX 77581 3. Zoning Application No. 867 Legal Description: 8.88 acres out of Lot 1-F of the W.W. Stone Estate, located in the W.T. Dobson Survey, A-187, Brazoria Co., TX (12906 Stone Road) Owners: Byron & Juanita Sutherland 2458 Country Club Drive Pearland, TX 77581 4. Zoning Application No. 880 -7- 114 115 Legal Description: Lot 18, Block 3, Wagon Wheel, Section 14 of H. T. & B. R.R. Co. survey, A-509, in Brazoria Co., TX, according to the map or plat thereof recorded in Vol. 8, pg 79, plat records of Brazoria Co., TX (5917 Larrycrest) Owner: Violet M. Robertson 5917 Larrycrest Pearland, TX 77584 5. Zoning Application No. 887 Legal Description: The East 2/3 of Tract 71, Hahl's Figland Orchard Subdivision No. 1, a subdivision of Section 13, H. T. & B. R.R. Co. survey, A-240, Brazoria Co., TX, according to the map of record in Vol. 3, pg 77, plat records of Brazoria Co., TX (5917 Fite Road) Owner: Ysidoro C. Meza 7727 Satsuma Houston, TX 77023 Planning and Zoning Chairperson Mary Starr read the purpose of the hearing into the record. Director of Community Development and Services Gene Tumlinson showed the location maps. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Charles Garcia, spoke in support of Application No. 865. He stated that he purchased the property approximately fifteen (15) years ago to build a home on. Juanita Sutherland, 2458 Country Club Drive, stated that the property in Application No. 866 has been residential for seventy five (75) years. Byron Sutherland, 2458 Country Club Drive, spoke in support of Application No. 867. He explained that this 8.8 acres is a portion of the original section of land his grandfather purchased in 1889. He stated that in the 1970's they began to get businesses and mobile homes in the area, however, most of the businesses have failed. He requested that the area remain residential and restrict undesirable uses. Diane Meza, Houston, Texas, explained that they own the property being considered in Application No. 887. She stated that there are only two other R-1 zonings on the block, however, the entire area is residential. She stated that her father has owned this property for over thirty five (35) years and lives next door. She added that she has recently retired. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST !91 116 r= V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION none V1. ADJOURNMENT The Joint Public Hearing to consider Zone Change Applications No. 865, 866, 867, 880 and 887 adjourned at 7:20 PM. Applications No. 868, 869, 870, 871, 872, 873, 8745 878, 879, 882 and 883 I. CALL TO ORDER The meeting was called to order at 7:20 PM. 111. 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 (R1) on the following described property,.to wit: 1. Zoning Application No. 868 Legal Description: A tract of land being situated in Lot 59, Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A- 243, Brazoria Co., TX (14210 Gardens Road (CR 556)) Owners: Jose J. Cavazos 14210 Gardens Road Pearland, TX 77581 2. Zoning Application No. 869 Legal Description: .9995 acre, the North ''/z of 1.999 acres, described in Vol. 1506, pg. 419, deed records of Brazoria Co., TX, in Lot 59, Allison -Richey Gulf Coast Home Co. Suburban Gardens, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, Vol. 2, pg. 23, Brazoria Co., TX (14215 Gardens Road(CR 556)) Owners: Stephen W. Long 14215 CR 556 Pearland, TX 77581 0 117 3. Zoning Application No. 870 Legal Description: 1.0 acres of land situated in Lots 56 & 58, of the Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the plat recorded in `J Vol. 2, pgs 23-24, of the plat records of Brazoria Co., TX (14019 Gardens Road (CR 556)) Owners: Gilbert & Frances Ramirez 14019 Gardens Road Pearland, TX 77581 4. Zoning Application No. 871 Legal Description: 1.0 acre of land situated in Lot 59, Allison -Richey Gulf Coast Home subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX according to the plat recorded in Vol. 2, pg. 23 & 24, plat records of Brazoria Co., TX (14211 Gardens Rd (CR 556)) Owners: John T. Browne, Jr. 14211 Gardens Road Pearland, TX 77581 5. Zoning Application No. 872 Legal Description: 1.0 acres of land, more or less, out of Lot 58 of the Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243 of Brazoria Co., TX (14103 Gardens RD (CR 556)) Owners: Arnout C. & Judith A. Ruifrok 14103 Gardens Road Pearland, TX 77581 6. Zoning Application No. 873 Legal Description: A 1.2490 acre tract out of Lot 57, Allison -Richey Gulf Coast subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat thereof recorded in Vol. 2, pg. 23, of the plat records of Brazoria Co., TX (14002 Gardens Road (CR 556)) Owner: Danny G. & Linda Beeman 14002 Gardens Road Pearland, TX 77581 -10- F90i 7. Zoning Application No. 874 Legal Description: 1.0 acres of land situated in Lots 57 & 58 of the Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (14020 Gardens Road (CR 556)) Owner: Donald R. Murray 14020 Gardens Road Pearland, TX 77581 8. Zoning Application No. 878 Legal Description: 1.0 acres in Lot 58, Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R. R. Co. survey, A-243, Brazoria Co., TX, according to the plat recorded in Vol. 2, pgs 23- 24, plat records of Brazoria Co., TX (14155 Gardens Road (CR 556)) Owner: Wallace Mize 14155 Gardens Road Pearland, TX 77581 9. Zoning Application No. 879 Legal Description: A 1.75 acre tract out of Lots 58 & 59, Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A- 243, Brazoria Co., TX, according to the map as recorded in Vol. 2, pgs 23-24, plat records, Brazoria Co., TX (14203 Gardens Road (CR 556)) Owner: Dale & Billie Moore 14203 Gardens Road Pearland, TX 77581 Agent: Patricia Jo Murphy 10. Zoning Application No. 882 Legal Description: 1 acre of land in Lot 59, Allison -Richey Gulf Coast Home Company's part of Suburban Gardens, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat recorded in Vol. 2, pg 23 of the plat records of Brazoria Co., TX (Gardens Road (CR 556)) Owner: Grace Hawk P.O. Box 1204 Manvel, TX 77578 -11- 119 11. Zoning Application No. 883 Legal Description: 1 acre in Lot 57, Allison -Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the plat recorded in Vol. 2, pgs 23-24, plat records of Brazoria Co., TX (14018 Gardens Road (CR 556)) Owner: Ave Lynn Free 14018 Gardens Road Pearland, TX 77581 Planning and Zoning Chairperson Mary Starr read the purpose of the hearing into the record. Director of Community Development and Services Gene Tumlinson showed the location maps. He stated that this area is all very nice, large residential lots. 111. 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 none VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Applications No. 868, 869, 870, 871, 872, 873, 874, 878, 879, 882 and 883 adjourned at 7:27 PM. Application No. 876 and 877 1. CALL TO ORDER The meeting was called to order at 7:28 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 (R1) on the following described property, to wit: -12- 1. Zoning Application No. 876 120 Legal Description: 6.68 acres out of a 10 acre tract in the North partof Lot 6, H. T. & B. R.R. Co. survey, Section 19, A-243, Brazoria Co., TX (925 Cullen Boulevard (FM 865)) Owner: Raymond & Emma Vaughan 925 FM 865 Pearland, TX 77581 2. Zoning Application No. 877 Legal Description: 3.32 acres, more or less, out of the southerly portion of Lot 6, a subdivision of Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (927 Cullen Boulevard (FM 865)) Owner: Robert & Elizabeth Melinder 2911 Abbey Field Drive Pearland, TX 77584 Planning and Zoning Chairperson Mary Starr read the purpose of the hearing into the record. Director of Community Development and Services Gene Tumlinson showed the location maps. 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Emma Vaughan, 925 Cullen Boulevard, spoke in support of Applications No. 876 and 877. She explained that they originally bought the entire ten acres, however, they have sold part of it to their daughter who now plans on building a new home. Elizabeth Melinder, stated thatthey purchased a piece of her parent's property in August 1998. She explained that they have been saving and are now ready to build. Orlen Pat O'Day, explained that he just sold the forty (40) acres just North of this property to a church to build a new facility. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST Carole Alford, 2907 Yorkshire Court, stated that she owns a business on Cullen Boulevard. She explained that she is not really against R-1 zoning, however, she wanted to know if this would affect the zoning requests for M-1 in the area. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION -13- IZ Planning and Zoning Commissioner Russ Selemon asked Mr. Tumlinson to update him on the status of the zone changes for the two tracts of land just South of this property. Director of Community Development and Services Gene Tumlinson stated that the Planning and Zoning Commission recommended approval of these two tracts from SD to M1 last Monday night. u VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 876 and 877 adjourned at 7:34 PM. The series of Joint Public Hearings adjourned at 7:34 PM. These minutes respectfully submitted by: Mona Ann Pfilipps, P&Z Secretary Minutes approved and/or corrected this 28th day of February 2000. Tom Reid, Mayor -14-