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1995-04-24 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES2 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND HELD ON APRIL 24, 1995, AT 7:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The hearing was called to order with the following present: Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember Planning & Zoning Chairman Vice Chairman Commissioner Commissioner Commissioner David Smith D.A. Miller, Jr. Richard Tetens Randy Weber Jerry Richardson Emil Beltz Pat Lopez Peggy Mayfield -Royer Kevin Cole Rob Larsen Commissioner Marshall Eggers Commissioner Jeffery O'Brien City Attorney Amy McCullough Interim City Secretary Tommie Jean Vial others in attendance: Assistant City Manager Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. Absent from the hearing: City Manager Paul Grohman and Assistant City Manager Glen Erwin. Planning and Zoning Chairman Emil Beltz introduced his fellow commissioners. PURPOSE OF THE HEARING: APPLICATION NO. 55 REQUEST OF JOHN ENGLISH, AGENT FOR RENEE WEST, PFAR: AND WEST OAKS VILLAGE SECTION ONE, LTD., OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: A 31.2534 acre tract of land out of a 25 acre tract of land as recorded in Vol. 1092, Page 830, B.C.D.R. & 160 acre tract as recorded in Vol. 708, Page 109, B.C.D.R. in the H.T.& B. RR. Survey, A-241, Pearland, Brazoria County, �^ Texas. NUMBER OF PERSONS SIGNING ATTENDANCE ROSTER: 7 PERSONS SPEAKING FOR THE PROPOSED REQUEST: 1. Renee West, 2501 Woody, Pearland. Mrs. West stated the tract of land is located on County Road 91 next to the Dad's Club. There will be 137 lots, 60' x 1051, with homes priced between $100,000 to $120,000. PERSONS SPEAKING AGAINST THE PROPOSED REQUEST: None 43 QUESTION AND ANSWER PERIOD: None ADJOURNMENT The hearing adjourned at 7:10 P.M. APPLICATION NO. 56 REQUEST OF ROY RAMSEY, AGENT FOR ETHEL M. RAMSEY, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO MOBILE HOME PARK DISTRICT (MH) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: South 1/2 of Lot 15 of the Allison -Richey Gulf Coast Home Company Subdivision, Section 6, H.T. & B. RR. Company Survey, Abstract 544, Volume 1649, Page 93 of the Deed Records of Brazoria County, Texas (13260 Hatfield). NUMBER OF PERSONS SIGNING ATTENDANCE ROSTER: 9 PERSONS SPEAKING FOR THE PROPOSED REQUEST: 1. Roy Ramsey, agent for Ethel M. Ramsey, owner, 13260 Hatfield, Pearland. Mr. Ramsey informed the mobile home park was started in 1981 before the area was annexed into the City. He further informed that the property was designed for 78 mobile homes with the front side zoned out for commercial, as well as utilities being in place from Entex, HL&P, and the telephone company. Mr. Ramsey stated that he felt since this was the original plan before annexation, he should be allowed to complete his plans as they were set out in 1981. Mayor Pro Tem David Smith asked if the individual parcels would be sold. Mr. Ramsey stated the individual parcels were rentals and would not be sold. PERSONS SPEAKING AGAINST THE PROPOSED REQUEST: Mayor Pro Tem David Smith stated he had two letters from property owners in the area who were unable to attend the Joint Public Hearing and who were against the request. 1. John Hallmark, 6410 Rice Road, Pearland. Mr. Hallmark stated he had lived in the area for 31 3/4 years and that there had been several changes in the area during that time. He said he had a petition with 58 names on it along with some photographs showing graffiti. He further commented there had been several different uses of the building in front of the property, i.e. auto mechanic shop. The owner had requested a license from the Liquor Control Board to put in a liquor establishment about 1 1/2 years ago, but it was not approved. He also informed that there are five additional mobile home parks in the area with vacancies and urged that this request be denied. 2. Joanne Parisher (lives across the street from the proposed trailer park). She stated she was opposed to the mobile home r- park because there wasn't a need for it and the property values would go down drastically. She commented that she felt as though Mr. Ramsey, who manages the property, had done nothing to improve the property which has deteriorated since the time the trailers were moved in. She further commented the storage building which fronts on Hatfield is covered with gang graffiti and Mr. Ramsey has made no effort to remove it. She further stated the vacant lots are full of rats, hasn't been mowed, and the garbage dumpster is always overflowing. Additionally, there are four trailers which are very unkept and there is no sewerage in the area. 3. Mary Perez, 13322 Iker, Pearland. Mrs. Perez stated she had lived in the area for 47 years and had seen the property go down since Mr. Ramsey took it over. She also commented he has never taken care of it. 4. Sandra Crow, 6542 Rice, Pearland. Mrs. Crow stated she had been there since 1962. Also there are a number of children in the area which is heavily trafficked and no sidewalks for the children to play safely. She commented the addition will add more traffic to the area. Further, she stated, when Mr. Ramsey first proposed the mobile home park, there was talk of j a sewer treatment plant, but there is no sewerage now. 5. Frank Perez, 13322 Iker, Pearland. Mr. Perez stated if the mobile home park were allowed, there would have to be a larger drainage system or sewer for the trailers. He further commented the last time this was proposed, a pumping station was going to have to be built which would cause a lot of noise. He had additional concerns regarding the quality of the water running in the ditch in front of his house. 6. Nellie Caralta, 1410 Hatfield Rd., Pearland. Mrs. Caralta stated her family moved to the area to have peace. She commented her family had built an expensive house and because of the nice house, her son had been harassed by the children from the trailer park while waiting at the school bus stop and now he is fearful to wait for the bus. QUESTION AND ANSWER PERIOD: A question was posed as to whether notices for zone changes are being sent to the residents in proper time. Assistant City Manager Richard Burdine was asked to explain the zone change process. I Mr. Burdine explained when the City receives an application for a zone change, it follows state law provisions for notice. He further stated that there are two notice provisions. First, a notice must be posted in a newspaper of general circulation at least 15 days prior to the public hearing and the other notice with a map to the owners of the property located within 200 feet of the zone change. The basis for that is the tax roll. He further stated if the Council receives opposition in writing from owners of 20 per cent of the property (not 20 percent of the owners) within that 200 feet then that triggers, by State law, a three-fourths vote requirement to make the zone change. In this instance, instead of three out of five, it would require four out of five Councilmembers to vote affirmatively to change the zoning. Mr. John Hallmark inquired as to whether or not there was a verification of the agency contract between the agent and the owner at the time the application was submitted. Mayor Pro Tem Smith asked the City Attorney whether or not that was a requirement. City Attorney McCullough stated she was uncertain about a requirement, but she would research it. She further replied to the inquiry regarding notification to property owners for zone changes. She informed the notice for the zone change was published on April 5, 1995, and a notice was mailed to the property owners on April 11, 1995. Councilmember Richardson stated that he was sure the City was following the right procedure, but he also was concerned that only the minimum requirements are being met. Because of the importance of the zone change to the property owners in the area, he commented that he would like the City to go beyond the minimum requirements by law. City Attorney McCullough replied that she will work with Assistant Manager Burdine on the issue. Planning and Zoning Commissioner Pat Lopez commented on the P&Z procedures for zone changes. ADJOURNMENT The hearing adjourned at 7:30 P.M. �.. Minutes' proved as submitted and/or corrected/t is day of L 1995. I ATTEST: ,�W 4,�t ��taCl Tommie Jean Vidl Interim City Secretary P. MayorTro-Tem 5