2000-02-28 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES146
MINUTES - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS,
HELD FEBRUARY 28, 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
Tom Reid
Mayor Pro -Tem
William Berger
Council Member
Helen Beckman
Council Member
Klaus Seeger
Council Member
Richard Tetens
Council Member
Larry Wilkins
P&Z Vice -Chairperson
Tommy Scott
P&Z Commissioner
Donald Glenn
P&Z Commissioner
Russ Selemon
P&Z Commissioner
Charles Viktorin
Director of Community
Development & Service
Gene Tumlinson
P&Z Secretary
Mona Ann Phipps
Application No. 897
1. CALL TO ORDER
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 Light
Industrial District (M-1) on the following described property, to wit:
Legal Description: Tract I: Being 4.52 acres of land, more or less; and Tract II: Being
15.23 acres of land, more or less, both tracts being out of the W.T.
Dobson Survey, A-187, Brazoria Co., TX (12932 Stone Road)
Owner: Paul & Katherine Urbanek
5417 Brookside Road
Pearland, TX 77581
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Planning and Zoning Vice Chairperson Tommy Scott read the purpose of the hearing
into the record. Director of Community Development and Services Gene Tumlinson
showed the location map.
III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
Katy Urbanek, of Paul Urbanek Creative Decorating, explained that they started their
business in 1989. She stated that their company does seasonal decorating for malls,
etc. Mrs. Urbanek explained that they store very large decorating items, therefore, they
need a large industrial type building. However, they are not an industrial type business.
She stated that the existing building will probably be removed in the future.
Larry Marcott, stated that the agenda only shows 4.52 acres but the map shows 19.75
acres.
Planning and Zoning Vice Chairperson Tommy Scott explained that the agenda
describes two tracts of land totaling the 19.75 acres.
Gilbert Allison, 1855 Cullen, spoke in support of the zone change request.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
Byron Sutherland, 2458 Country Club Drive, explained that the land in this request has
been in his wife's family since 1909. He stated that in 1970, a man purchased this
property to build a large home and a plating business. He added that only the slab was
poured for the home and the business failed. Mr. Sutherland stated that he is not
necessarily against small businesses. However, he explained that this building does not
fit in with residences. He urged the City Council and Planning and Zoning Commission
to deny this request.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Mayor Pro -Tem William Berger asked if this business is currently operating on this
property. Katy Urbanek, owner, stated that the business is currently operating there.
Mr. Berger asked if a lighter zoning would work. Director of Community Development
and Services Gene Tumlinson stated that the owner mentioned building a warehouse
building in the future, therefore, Commercial would be the very least.
Planning and Zoning Commissioner Russ Selemon asked where the two properties
being considered for R-1 zoning are located. Mr. Tumlinson showed the locations on
the overhead map.
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application 897 adjourned at 6:48
PM.
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Application No. 889
1. CALL TO ORDER
LEN
The meeting was called to order at 6:49 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: 16.7 acres out of Lot 30, A-304, Brazoria Co, TX (Broadway Street
@ Wooten Road)
Owner: F.A.S.H. Family Partnership 1992
3 Riverway, Suite 120
Houston, TX 77056
Agent: Charlie Eason
Planning and Zoning Vice Chairperson Tommy Scott read the purpose of the hearing
r into the record. Director of Community Development and Services Gene Tumlinson
showed the location map.
Ill. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
Charlie Eason, 6302 Broadway, represented the Fash family. He stated that they have
owned the property since 1932. He explained that they want to rezone the property in
order to sell it.
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 No. 889 adjourned at
6:52 PM.
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Application No. 891
1. CALL TO ORDER
The meeting was called to order at 6:52 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 5.00 acre tract survey, A-242, Br zona Co., TX, snd out of cdescribed in deed records in
Vol. 1318, pg 843, of the deed records of Brazoria Co, TX (Manvel
Road)
Owner: Hardcastle Family Limited Partnership
P.O. Box 846
Pearland, TX 77588
Agent: E. Mauris Hardcastle
Planning and Zoning Vice Chairperson Tommy Scott 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
Greg Fitzgerald, The Woodlands, Texas, explained that he wants to build an additional
location for his company. He handed out a brochure about his company. He stated that
they have thirty eight (38) locations in Texas, Louisiana and Arkansas.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
Planning and Zoning Vice Chairperson Tommy Scott read a letterfrom Margurite Massey
Smith who owns the property directly across from this. The main concern stated in the
letter was what the use of the property would be.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Mayor Pro -Tem William Berger asked if this property could be General Business.
Director of Community Development and Services Gene Tumlinson stated that it would
have to be Commercial because of the
outside
asked ifthere a e adjacent developments. Mr. Tumlinson stated that there is Seeger
not much
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150
zoning in the area. He added that the nearest development would be the Westlea
Subdivision with mostly residential and some General Business on Manvel Road.
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 891 adjourned at
6:58 PM.
Application No. 892
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
Ordinance of said City from classification Suburban Development District (SD) to
Commercial District (C) on the following described property, to wit:
Legal Description: 2.4277 acres of land, more or less, out of Tract 39 out of the Allison
Richey Gulf Coast Home Co. Subdivision, Section 85, H. T. & B.
R.R. Co. survey, A-304, Brazoria Co., TX (Miller Ranch Road)
Owners: Kimberly G. Durrett
P.O. Box 3037
Pearland, TX 77588
Planning and Zoning Vice Chairperson Tommy Scott read the purpose of the hearing
into the record. Director of Community Development and Services Gene Tumlinson
showed the location map. He stated that this is a proposed expansion of Astro Concrete.
III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST
none
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
Sue Simler, 2018 Miller Ranch Road, explained that Astro Concrete has a history of
chronic incompliance of city and state ordinances. She stated that they brought in loads
of dirt to build up land causing water to drain on her land. She added that there is
constant noise from this business. Ms. Simler explained that their trucks come and go
all night long. She stated that this zone change request would not benefit the growing
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residential area.
Karen Ritchey, 1855 Miller Ranch Road, stated that there are trucks parked on the
property already. She added that new homes are being built directly across the street.
She explained that eventually the occupants of these new homes will be complaining.
Ms. Ritchey stated that Mr. Coker is helping with the noise ordinance. She added that
this property may eventually be used for Commercial, however, it should not be for this
business.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Mayor Pro -Tem William Berger asked if the trucks parked on the property could remain
if the zone change is not approved. Director of Community Development and Services
Gene Tumlinson stated that the trucks would have to be removed. City Attorney Darrin
Coker stated that the City would take action to have the trucks removed .
Council Member Larry Wilkins stated that a lady did call him around eleven o'clock one
the noise was
veryloud even to over the telephone. ain about the noise �oexplainedm Astro Concrete. He t
H add d that he would not want his to have
to deal with this.
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 892 adjourned at
7:07 PM.
Application No. 893
1. 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
Commercial District (C) on the following described property, to wit:
acres of land situated in
he
ast 1/4 of Section 17, H.
Legal Description: T &B5 R.R. Co. survey, A-242, Brazor aeCo., TX, being a part of
land described in Vol. 103, pg 156 and Vol. 233, pg 452, of the
deed records of Brazoria Co., TX (2932 Manvel Road)
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152
- Owners: Arne W. Pepin
2933 Manvel Road
Pearland, TX 77584
Planning and Zoning Vice Chairperson Tommy Scott read the purpose of the hearing
into the record. Director of Community Development and Services Gene Tumlinson
showed the location map.
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
none
V1. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 893 adjourned at
7:10 PM.
Application No. 903
1. CALL TO ORDER
The meeting was called to order at 7:11 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: 1 acre out of a 2.25 acre tract out of the H. T. & B. R.R. Co. survey,
Section 20, A-506, out of Lot 49, Allison Richey Gulf Coast Home
Subdivision, as recorded in Vol. 1213, pg 323, deed records of
Brazoria Co., TX (4208 Hawk Road)
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153
Owners: T.P. Three Enterprises, Inc.
4230 Hawk Road
Pearland, TX 77584
Planning and Zoning Vice Chairperson Tommy Scott 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
Pat Pounds, explained that her business has been operating on this property since 1970.
She stated thatthey are an import/export business. She added thatthey have shipments
come in about every three (3) months. Ms. Pounds explained that they arrange the
deliveries between 10:00 and 12:00 PM so as to not affect traffic.
Emma Vaughan, 925 Cullen, stated that they have been neighbors to this business for
many years. She added that they run a very unintrusive business. She explained that
the Pounds are very interested in maintaining this residential area.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
none
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Council Member Klaus Seeger asked if this business was grand fathered. Director of
Community Development and Services Gene Tumlinson stated that the business is
grand fathered.
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 903 adjourned at
7:15 PM.
Application No 904 and Specific Use No. 79
1. CALL TO ORDER
The meeting was called to order at 7:16 PM.
11. PURPOSE OF HEARING
I"
154
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- Specific Use (C -S) to allow forklift repair on the following described
property, to wit:
Legal Description: 5 acres, more or less, out of the North %2 of the Allison Richey Gulf
Coast Home Co. subdivision, Section 19, A-243, as recorded in
Vol. 2, pg 24, of the plat records of Brazoria Co., TX (1010 Lee
Road)
Owner: Timothy S. Pounds
1010 Lee Road
Pearland, TX 77581
Planning and Zoning Vice Chairperson Tommy Scott 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
Pat Pounds, owner, stated that the land was given to her son. She explained that he has
his residence in the front and a forklift repair business on the rear of the property. She
added that the forklifts will be moved inside the building shortly.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
Timothy Nguyen, 1033 Lee Road, represented the Bethel Estates Home Owners
Association. He presented a petition signed by the property owners stating that they are
against this zone change request. He stated that there is no other access to this
property except their road, therefore, they are against any Commercial zoning on this
street.
Steve Norton, 2041 Lee Road, explained that he just built a new home directly across
the street from the subject property. He stated that the property that Mr. Pounds lives
on is very nicely kept, however, they are concerned about the heavy equipment. He
added that the road was recently paved. He presented pictures of the area. Mr. Norton
expressed concern for the children who play in the area because of the heavy
equipment. He explained that some heavy equipment is being stored outside. He
reiterated the fact that this is a dead end road.
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
511
Planning and Zoning Commissioner Russ Selemon asked Ms. Pounds if this was a part
or full time business for her son. Ms. Pounds stated that this is a full time business.
A discussion ensued regarding whether this property could be zoned differently. City
Attorney Darrin Coker stated that the specific use would remain with the property.
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 904 and Specific Use
No. 79 adjourned at 7:27 PM.
Application No. 886
1. CALL TO ORDER
The meeting was called to order at 7:27 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 property, to wit:
Legal Description: Part of Lot J in Westgate Park Subdivision, Brazoria Co., TX (2555
Westgate)
Owner: Edwin Anderson
4034 Avant! Drive
Pearland, TX 77584
Agent: Johnston Builders and Associates
Planning and Zoning Vice Chairperson Tommy Scott 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
Ed Anderson, 4034 Lante, explained that he has owned the property since 1994. He
stated that most of the lots in the area are General Business or Light Industrial.
IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST
none
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155
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
none
VI. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Application No. 886 adjourned at
7:32 PM.
Zoning Application No. 792, 884, 888, 895 and 905
L CALL TO ORDER
The meeting was called to order at 7:33 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 (R-1) on the following described property, to wit:
1. Zoning Application No. 792
Legal Description: 2.00 acres of land out of Lot 22, Allison Richey Gulf Coast Home
Co. Subdivision, Section 20, H. T. & B. R.R. Co. survey, A-506,
Brazoria Co., TX according to a map or plat recorded in Vol. 2, pg
23, of the plat records of Brazoria Co., TX (1107 Linda Lane)
Owner: Brent A. Brown
1107 Linda Lane
Pearland, TX 77584
2. Zoning Application No. 884
Legal Description: .4537 acres out of the South % of Lot 25 of Allison Richey Gulf
Coast Home Co. Subdivision, Section 7, A-219, Brazoria Co., TX,
according to the map or plat thereof recorded in Vol. 2, pg 23, plat
records of Brazoria Co., TX (O'Day Road)
Owner: George V. & Vivian R. Johnson
Rt. 4, Box 3718
Trinity, TX 75862
3. Zoning Application No. 888
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Legal Description: A 5.9136 acre tract of land out of a called 9.29 acre tract out of the
South '/: of Lot 30, Allison Richey Gulf Coast Home Co.
Subdivision, Section 21, H. T. & B. R.R. Co. survey, A-309,
Brazoria Co., TX (Fite Road)
Owner: Freeman T. II & 011ie Wyche
4610 Northfork Drive
Pearland, TX 77584
4. Zoning Application No. 895
Legal Description: 3.00 acres of land, more of less, being a part 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 (14202 Gardens
Road (Hawk Meadows Road))
Owner: Joe D. & Carol McWhorter
14202 CR 556
Pearland, TX 77581
5. Zoning Application No. 905
Legal Description: 2.75 acres, more or less, out of the H. T. & B. R.R. Co. survey,
Section 20, A-506, out of Lot 49A, Allison Richey Gulf Coast Home
Co. Subdivision, Brazoria Co., TX (4230 Hawk Road)
Owner: T.P. Three Enterprises, Inc.
4230 Hawk Road
Pearland, TX 77584
Planning and Zoning Vice Chairperson Tommy Scott read the purpose of the hearing
into the record. Director of Community Development and Services Gene Tumlinson
showed the location maps.
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
none
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om
V1. ADJOURNMENT
The Joint Public Hearing to consider Zone Change Applications No. 792, 884, 888, 895
and 905 adjourned at 7:38 PM.
The series of Joint Public Hearings adjourned at 7:38 PM.
These minutes respectfully submitted by:
Mona Ann PIhipps, Secretary
Minutes approved as submitted and/or corrected this 13th dayof March , 2000.
Tom Reid, Mayor
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