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1999-06-28 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES174 MINUTES - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JUNE 28, 1999, AT 6:30 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS A series of Joint Public Hearings was called to order at 6:38 PM with the following present: Mayor Councilmember Councilmember Councilmember P & Z Chairperson P & Z Member P & Z Member P & Z Member P & Z Member P & Z Secretary Dir of Planning & Community Dev Tom Reid Helen Beckman William Berger Klaus Seeger Mary Starr Emil Beltz Donald Glenn Todd locco Tommy Scott Mona Ann Phipps Dennis Smith Councilmembers Richard Tetens and Larry Wilkins were absent. ZONE CHANGE APPLICATIONS NO. 767, 770, 774 & 775 CALL TO ORDER The meeting was called to order at 6:39 PM. PURPOSE OF HEARING 1. Zoning Application No. 767 Legal description: Being 4.9990 acres of land, more or less, the South % of Lot 3, Allison Richey Gulf Coast Home Co. Survey, Suburban Gardens Subdivision, Section 19, H. T. & B. R.R. Co. Survey, A-243, recorded in Vol. 2, pgs. 23-24, plat records of Brazoria Co., TX (1805-1855 Cullen) Owner: Allison Custom Milling & Allison Investments 6427 W. Creek Drive Brookside, TX 77581 175 2. Zoning Application No. 770 Legal Description: The South '/z of Lot 7, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. Survey, A-243, recorded in Vol. 2, pg 23, plat records of Brazoria Co., TX (1027 Cullen Blvd) Owner: Milton R. Alford P.O. Box 218 Pearland, TX 77588-0218 3. Zoning Application No. 774 Legal Description: Being Lot 9, H. T. & B. R.R. Co. Survey, A-504, Section 8, Allison Richey Gulf Coast Home Co. plat recorded in Vol. 2, pg 23, plat records of Brazoria Co., TX (Roy Road) Owner: Anthony Welded Products, Inc. P.O. Box 1462 Delano, CA 93216 4. Zoning Appication No. 775 Legal Description: Being a 11.515 acre tract out of Lots 32 & 33, Allison -Richey Gulf Coast Home Co. Subdivision, H. T. & B. R.R. Co. Survey, A-504, recorded in Vol. 2, pgs 23 & 24, plat records of Brazoria Co., TX (1854 Garden Road) Owner: F. F. & E. Family Ltd Partnership P.O. Box 1462 Delano, CA 93216 Planning and Zoning Chairperson Mary Starr read the purpose of the hearing into the record. Director of Planning and Community Development Dennis Smith showed the locations of the proposed zone changes. 2 176 111. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Steve Allison, owner, stated that he is requesting M-2 zoning to continue the existing business because he was recently annexed. IV. PERSON WISHING TO SPEAK AGAINST PROPOSED REQUEST Wendy Standorf, 7125 Robin Meadow, stated that she had submitted letters from the homeowners in Robin Cove protesting Zone Change Application No. 774. She explained that this is primarily a residential area. They are concerned with Roy Road being too narrow for industrial type traffic and a load zoned bridge on Roy Road. Janet Curry, 938 Lee Road, spoke against Zone Change Applications No. 767 and 770. She stated that the vacant land noted on the map for 767 has been purchased to build a new church. She explained that her property is on the other side of the proposed Zone Change No. 767. She expressed concerns with drainage, noise and chemicals. Emma Vaughan, 925 FM 865, spoke against Zone Change Application No. 770 representing her husband, her daughter and son-in-law, and Benny Frank with U.S. Homes. She explained that they are in the process of subdividing the North '/s of Lot 7. She added that there are many, many nice homes in the area. She stated that she represents the Clear Creek Community Allicance who worked many years to have the Medical Waste Incinerator closed. Eleanor Whaley, 7106 Robin Sound, spoke against Zone Change Application No. 774. She expressed concerns with the traffic, noise, the chemicals harming the water system, the narrow bridge on Roy Road and other dangers to the children in the area. Roy Allison, 7118 Robin Sound, spoke against Application No. 774. He stated that he works at a metal fabrication shop in Houston. He does not want his family to live in this type of environment. He stated that he is concerned with the industrial type traffic, the type of people this type of business attracts, and no sidewalks and very deep ditches on Roy Road. Joe Brown, 2221 Roy Road, spoke against Zone Change Application No. 774. He stated that this is not an area for industrial type businesses. He also added that there are very nice homes in the area. 3 i7; Joe Cavazos, 14210 Garden Road, spoke against all four zone change requests. He stated that they chose this area to raise their family fifteen years ago. He urged the City Council and Planning and Zoning Commission to deny all requests. Pat Pounds, 4230 Hawk Road, spoke against Zone Change Applications No. 770 and 767. She explained that she lives between these two properties. Her son also owns five acres that backs up to L & B. She expressed concern that both of these properties are for sale and M-2 would allow any type of industrial business. She reitterated concerns with drainage and Roy Road. Jimmy Plank, 6127 Sharon, spoke against Zone Change Applications No. 774 and 775. He stated that this is a residential area, not industrial. He stated concerns with noise and air pollution, paint odors, dust from trucks and insufficient streets. James O'Connor, 1328 Crystal Lake East, spoke against all four zone change requests. He expressed concern with drainage into Hickory Slough and already heavy traffic due to the cemetery. Stephen Davis, 6914 Sharon Drive, spoke against Zone Change Applications No. 774 and 775. He submitted a subdivision plat showing Sharon Drive for residential use only. He reimphasized concerned about drainage. Frank Wenger, 418 Cullen Boulevard, spoke against Zone Change Applications No. 767 and 770. He opposes any heavy industry between Clear Creek and FM 518. He stated that they fought the incinerator for nine years. They don't want to go through that again. He expressed concerns for very heavy traffic on Cullen and drainage problems. Mark Sippota, Sr., 3954 Hawk Road, spoke in opposition to all four zone change requests. He expressed concerns with drainage in the area. He also stated that his children were constantly sick during the incinerator operating. Carolyn Wenger, 418 Cullen Boulevard, spoke against Zone Change Applications No. 767 and 770. She stated that industrial type development would increase problems with flooding, traffic and pollution. Jennie Leazer, 4634 Hughes Ranch Road, spoke against all four zone change requests. She stated that her family moved from Houston to this area because it was nice and quiet. 4 Earl Halmon, Jr., 7034 Robin Meadow, spoke in opposition to Zone Change T— Application No. 774. He stated that heavy industrial will be detrimental to the environment of the area. He expressed concern with the pollution of private water systems and the aesthetics of the area. He also stated concerns with the safety of the children in the area. Suzanne Dieterich, 14015 CR 556, stated that she realizes that the City needs a tax base, however, it should truly be a master planned community. She added that the residents should not have to continually fight zone changes. She also stated that Cullen Boulevard could be a very nice entrance into the City. Ruth Halmon, 7034 Robin Meadow, spoke against Zone Change Applications No. 774 and 775. She explained that she works at Lawhon Elementary. This school is very close to these two proposed zone changes. She is concerned with the children standing at the road side being picked up and dropped off by the bus. She also stated that industrial traffic would cause delays with bus routes in the area. Lisa Ridgeway, 633 Hillhouse Road, spoke in opposition to Zone Change Applications No. 767 and 770. She explained that she bought her home approximately a year and a half ago and is in the processing of completely remodeling it. She is concerned with well water pollution and air pollution. J.M. Henry, Jr., 6702 Sharon, spoke against Zone Change Applications No. 774 and 775. She stated that she has lived her thirty five years. She explained that they often have fumes from the existing businesses. She and her kids suffer from allergies. She stated that they also ride horses on the road. Carey Nett, 6934 Sharon, stated that there are already traffic problems. Also concerned with pollution. Debbie Corson, 3634 Hughes Ranch Road, expressed concerns with the water wells and drainage problems in the area. She urged the City Council and the Planning and Zoning Commission to look support the residents best interest. Steve Whaley, 5406 Robin Meadow, spoke against Zone Change Application No. 774. He stated that he and his family walk on Roy Road and Sharon Road. He is concerned with more traffic. 5 379 Mr. & Mrs. John Lejsal, 4602 Brookside Road, spoke against Zone Change Applications No. 767 and 770. Mrs. Lejsal stated that her husband has asthma and asbestos in his lungs. She feels that industrial businesses would make his illnesses worse. She also expressed concern with heavy traffic. Marion Hanes, 4717 Brookside Road, explained that she and her husband bought enough property to later divide between their three daughters. She stated that the traffic is already very heavy on Brookside Road. She also added that the incinerator caused asthma and rashes. Scott Gamber, 1306 King Fisher Ct, stated that he, his wife and son have asthma. He is concerned that heavy industrial type businesses would worsen their asthma. Al Barajas, 7114 Robin Meadow, spoke against Zone Change Application No. 774. He expressed safety concerns for his two small children. Reginald Devine, 1003 Canterbury, spoke in opposition of Zone Change Applications No. 767 and 770. He explained that he is the pastor of the church that has purchased the property on Cullen. He is concerned with property values and the noise of large trucks. Stephan Pappas, 6926 Sharon, spoke against Zone Change Applications No. 774 and 775. He expressed concern about heavy truck traffic on Sharon and the narrow bridge in the middle of a curve. Kenneth Michols, 1031 Portsmouth Drive, expressed concerns with hazardous materials affecting their health and about property values in the area. Charles Lawler, 4027 Crystal Lake South, reitterated concerns about drainage. Richard Williams, 1211 Crystal Lake Circle East, move to this area because it was a nice family oriented community. He opposed all four zone change requests. Jerald Landis, 1913 Robin Spur, spoke against Zone Change Application No. 774. He stated that before they were annexed, a City representative visited them and informed them that zoning would protect them. R 180 Dawn Fink, 9314 W. Stone Drive, spoke in opposition of all four zone change requests. She stated that they moved here because her two children developed asthma. The youngest child also suffered growth problems because of incinerator. She reitterated the concern for water contamination by industrial businesses. George Michael, 4855 Brookside Road, spoke against Zone Change Application No. 767. He stated that this is a beautiful area that would be ruined by heavy industrial. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember William Berger asked that Director of Planning and Community Development Dennis Smith explain why everything annexed is zoned Suburban Development. Mr. Smith explained that because there was no comprehensive plan in place for the area at the time of annexation, they could not overlay zoning. Therefore, each individual property owner must apply for the type of zoning they want for their property. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Applications No. 767, 770, 774 and 775 adjourned at 8:06 PM. ZONE CHANGE APPLICATION NO. 653 1. CALL TO ORDER The Joint Public Hearing to consider zone change Application No. 653 was called to order at 8:13 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 (SD) to Light Industrial District (M-1) on the following described properties, to -wit: 1. Zone Change Application No. 653 181 Legal Description: The North % of Lot 44, Allison -Richey Gulf Coast Home Co. Subdivision, Section 8, H. T. & B. R.R. Co. Survey, A-504, recorded in Vol. 2, pg 23, plat records of Brazoria Co., TX (2530 Garden Road) Owner: Mose Development, LLC. P.O. Box 149 Pearland, TX 77581 Planning and Zoning Chairperson Mary Starr read the purpose of the hearing into the record. Director of Planning and Community Development Dennis Smith showed the locations of the proposed zone change. He explained that this is an existing industrial park. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Orlen Pat O'Day, 2401 Garden Road explained that they have seven companies in the business park at this time. He stated that he owns the oldest business in Pearland and always maintains all of his properties. Michael O'Day, 5949 Dublin Lane, explained that this is his families' property. He stated that they keep it very manicured to attract nice businesses. Suzanne Elliott, 1812 Washington Irving, reitterated that they lease to very nice businesses. She also stated that they had the buildings built and leased before annexation. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST none V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION none 1r11!_1671*111:Z-,11►T, 11i The Joint Public Hearing to consider Zone Change Application No. 653 adjourned at 8:23 PM. 0 182 ZONE CHANGE APPLICATIONS NO. 758 760, 764, 765, 766, 769, 772 AND 778 1. CALL TO ORDER The Joint Public Hearing to consider Zone Change Applications No. 758, 760, 764, 765, 766, 769, 772 and 778 was called to order at 8:23 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 (SD) to Single Family Dwelling (R71) on the following described properties, to -wit: 1. Zoning Application No. 758 Legal Description: Lots 1 & 2, Block 12, West Lea Subdivision, H. T. & B. R.R. Co. Survey, A-546, according to the plat records of Brazoria Co., TX Owner: Jimmie Joe Hatchett 3502 Skylark Way Pearland, TX 77584 2. Zoning Application No. 760 Legal Description: Lot 12, Block 14, West Lea Subdivision, H. T. & B. R. R. Co. survey, A-546, according to the map or plat records of Brazoria Co., TX (3642 Meadowlark) Owner: R. R. Forrest 3642 Meadowlark Pearland, TX 77584 3. Zoning Application No. 764. Legal Description: Being a 1.00 acre tract out of a 35.950 acre tract out of an 80 acre tract, the North % of the Southeast 1/4, Section 16, G.C. Smith survey, A-546, plat records of Brazoria Co., TX (6206 Terrell Drive) E a83 Owner: Leonel G. & Sharon G. Galvan 6206 Terrell Drive Pearland, TX 77584-6646 4. Zoning Application No. 765 Legal Description: Being Lot 1, Block 10, Hickory Creek Place subdivision, according to the map or plat thereof recorded in Vol. 11, pgs 1-2, plat records of Brazoria Co., TX (6402 Kelly Street) Owner: Vanessa Fillman 6402 Kelly Street Pearland, TX 77581 5. Zoning Application No. 766 Legal Description: Being Lot 14, Block 8, Hickory Creek Place addition, according to the map or plat recorded in Vol. 11, pg 1, plat records of Brazoria Co., TX (6420 Kelly Dr) Owner: Sherri Hickman 6421 Kelly Drive Pearland, TX 77581 6. Zoning Application No. 769 Legal Description: Being Lots 6 & 7, Block 1, Colonial Estates subdivision, of tract 6, Section 14, H. T. & B. R.R. Co. Survey, A-509, recorded in Vol. 9, pgs. 123 & 124, plat records of Brazoria Co., TX (5109 Colonial Drive) Owner: Archie L. & Marath Miles Family Trust 5109 Colonial Drive Pearland, TX 77588 7. Zoning Application No. 772 10 Legal Description: Being a 1.100 acre tract out of Lot 9, "~ Hickory Creek Place subdivision, recorded in Vol. 16, pgs 333 & 334, plat records of Brazoria Co., TX (1203 Bryan Court) Owner: Rene S. & Lorene Gonzalez 1705 Lubbock Houston, TX 77057 8. Zoning Application No. 778 Legal Description: Being Lot 6, Block 1, Cas -Con Acres addition, according to a map or plat recorded in the plat records of Brazoria Co., TX (5917 Willow) Owner: Anthony F. & Anita G. Cicotte 5917 Willow Pearland, TX 77584 Planning and Zoning Chairperson Mary Starr read the purpose of the hearing r" into the record. Director of Planning and Community Development Dennis Smith showed the locations of the proposed zone change. 111. PERSON WISHING TO SPEAK FOR THE PROPOSED REQUESTS none IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS none V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION none VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Applications No. 758, 760, 764, 765, 766, 769, 772 and 778 adjourned at 8:28 PM. 11 D The series of Joint Public Hearing adjourned at 8:29 PM. These minutes respectfully submitted by: CD"' 1" [-� '-" Mona Ann Phipps, Planning & Zonin Secretary These minutes approved as submitted and/or corrected this -)(R+" day of1999. Tom Reid, Mayor 12