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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 -1- W 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. -2- 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. -3- 149 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 -4- 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 -5- 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) 'la 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) -7- 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 -10- 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 -11- 156 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 -12- 157 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 -13- 159 THIS PAGE LEFT INTENTIONALLY BLANK