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1999-07-12 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES186 MINUTES - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JULY 129 1999, 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 with the following present: Mayor Councilmember Councilmember Councilmember Councilmember Councilmember P&Z Chairperson P&Z Vice -Chairperson P&Z Commissioner P&Z Commissioner ZONING APPLICATION NO. 773 I. CALL TO ORDER Tom Reid Helen Beckman William Berger Klaus Seeger Richard Tetens Larry Wilkins Mary Starr Tommy Scott Emil Beltz Donald Glenn The Joint Public Hearing to consider Zone Change No. 773 was called to order r -- at 6:30 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 Heavy Industrial District (M-2) on the following described properties, to -wit: 1. Zoning Application No. 773 Legal Description: Being Lot 33, Section 8, Allison Richey Gulf Coast Home Co. Subdivision, H.T. & B.R.R. Co. Survey, A- 504, recorded in Vol. 2, pg. 23, plat records of Brazoria Co., TX (1930 Garden Road) Owner: Anthony Welded Products, Inc. and Frank Salvucci, Sr. P.O. Box 1462 Delana, CA 93216 Chairperson Mary Starr read the purpose of the hearing into record. Director of Planning and Community Development Dennis Smith showed the locations of the proposed zone changes. 187 III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS none IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS Janet Curry, 938 Lee Road, explained that her husband owns a fabrication company and she is well aware of the type of contaminates it involves. She expressed concern for chemicals on the roads and in the area. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION A discussion ensued regarding the location of this zone change request in relation to the other heavy industrial zone change requests. Director of Planning and Community Development Dennis Smith stated that most surrounding businesses are light industrial. VI. ADJOURNMENT The Joint Public Hearing to consider Zone Change Application No. 773 adjourned at 6:47 PM. ZONE CHANGE APPLICATIONS NO. 776 AND 777 I. CALL TO ORDER The Joint Public Hearing to consider Zone Change Applications No. 776 and 777 was called to order at 6:47 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 Heavy Industrial District (M-2) on the following described properties, to -wit: 2. Zoning Application No. 776 Legal Description: Tract 1: A 4.9990 acre parcel, the North '/2 of Lot 2; Tract 2: A 5.1091 acre tract, the South '/2 of Lot 2, Allison Richey GulfCoast Home Co. Subdivision, H. T. & B. R.R. Co. Survey, A-243, Vol. 2, pgs 23 & 24, plat records of Brazoria Co., TX (Cullen Boulevard) Owner: Paul Brent Durrett 6120 Brookside Road Pearland, Texas 77581 3. Zoning Application No. 777 Legal Description: Being 8.842 acres in the H. T. & B. 243, a portion of Lot 8, Section 19, Coast Home Co. Subdivision, Vol. Co. Map Records (1115 Cullen at C. R. Owner: Paul Brent Durrett 6120 Brookside Road Pearland, Texas 77581 R.R. Co. Survey, A - Allison Richey Gulf 2, pg. 23, Brazoria 403) Chairperson Mary Starr read the purpose of the hearing into record. Director of Planning and Community Development Dennis Smith showed the locations of the proposed zone changes. Ill. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS Paul Brent Durrett explained that he is requesting heavy industrial zoning so that he can continue the type of companies that he operates now. He stated that he runs very clean businesses on both properties. The businesses are a nitrogen company and a trucking company. He stated that industrial seems to be the general use of the area. He added that the property from FM 518 to CR 403 is all commercial use and there are five industrial type businesses on the East side of Cullen. He added that Highway 288 and the extension of McHard Road will enhance industrial type businesses in the area. He explained that he has also considered a convenience store or a soil yard. Steve Allison, 1855 Cullen Boulevard, spoke in support of both zone change applications. He explained that Mr. Durrett wants zoning to continue his existing businesses. Mr. Allison read off the heavy in businesses that would require a specific use permit. He stated that all of these would require another Joint Public Hearing, Planning and Zoning approval and building permits. He added that Mr. Durrett's properties are neat and clean. Gilbert Allison, 1855 Cullen Boulevard, spoke in support of both zone change applications. He stated that this area should bring in approximately $385,000.00 in tax revenue to the City. He expressed the need for utilities in the area. He stated that the majority of the businesses in the area are industrial. He also added that this is a good area for industrial type businesses. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS Pat Pounds, 4230 Hawk Road, stated that her property is located between Zone Change Applications No. 776, 777 and the Allison's property. She explained that there is no space for Cullen to be expanded to handle industrial type traffic. She stated that they do not need any more industry in the area. Ms. Pounds also stated that the nitrogen and trucking companies were not there at the time of annexation. Emma Vaughan, 925 FM 865, spoke in opposition to both zone change requests. She explained that her house is between these properties on the East side of Cullen. She also stated that she is proposing to build six more homes there. Ms. Vaughan stated that is takes too long to fight laws governing these types of businesses once they open. She expressed concern about the nitrogen. Frank Wenglar, 418 FM 865, explained that he owns forty seven (47) acres with a home on it, just across from the property being considered for Zone Change No. 776. He explained that these businesses are an eyesore for the area. He also expressed concerns with the heavy traffic already on Cullen. Janet Curry, 938 Lee Road, opposed both zone change applications. She stated that she disagrees with Mr. Allison and Mr. Durretts comments that the properties look nice. She expressed concerns with the gas from a convenience store contaminating the water wells in the area. Carolyn Wengar, 418 FM 865, expressed opposition for both zone change requests. She stated that they do not need industry in the area, especially between Clear Creek and FM 518. Joe McWhorter, of the Hawk Meadows Home Owners Association, opposed both zone change applications. He stated that the park in the area means that this is an area for families. There are numerous homes existing and a large number of proposed homes also. He explained that Challenger Elementary is only a half mile from the property on Zone Change Application No. 777. He expressed concerns with the safety of the chemicals, the truck traffic, and the capability of the roads and bridges to handle such traffic. Levon Bender, 4719 CR 403, stated that he opposes both zone change requests. He was concerned with the traffic and the aesthetics of such businesses. Tim Nguyen, 1033 Lee Road, spoke in opposition to both applications. Sharon Pearson, 13842 Stone Road, expressed her concerns with large truck traffic. Melinda Vaughan, 13826 Stone Road, explained that Mr. Durrett stated there were no homes in the area, however, she sees seven of her neighbors in the room now. 190 Julie Davison, 13814 Stone Road, stated that she is building a new home. She opposed both zone change requests for the reasons already mentioned. Steve Long, 14215 CR 556, questioned the fact that these businesses were existing at the time of annexation. He stated that the trucking company is a real eyesore. Patrick Martin, 4711 CR 403, asked how this property falls into the master plan for Pearland. He stated that the property for Zone Change Application No. 777 has a lot of junk and sometimes holds auctions. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Larry Wilkins asked what the property is currently zoned. Director of Planning and Community Development Dennis Smith stated that the property is currently zoned Suburban Development. He also stated that the businesses are grandfathered at the time of annexation, however, they would not be allowed to make any improvements or alterations. Councilmember Richard Tetens reiterated the question about the businesses not being there at the time of annexation. The property owner stated that they were leased in June, 1998. Director of Planning and Community Development Dennis Smith explained that the date the business opened should be registered with the state. Councilmember Helen Beckman asked how this property fit into the . comprehensive plan. Mr. Smith explained that this area is primarily residential with Office Professional and Neighborhood Services on the corners. Mayor Reid responded to an earlier question regarding why the residents must continue to come in and fight zone change requests. VI. ADJOURNMENT The Joint Public Hearing for Zone Change Applications No. 776 & 777 adjourned at 7:36 PM. ZONING APPLICATION 736 1. CALL TO ORDER The Joint Public Hearing to consider Zone Change Application No. 736 was called to order at 7:37 PM. 11. PURPOSE OF HEARING Y91. 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 properties, to - wit: 1. Zoning Application No. 736 Legal Description: A 3.3578 acre tract known as Lot 13, Bethel Subdivision, Section 2, out of a 25.9538 acre unrecorded subdivision, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. Survey, A-243, Brazoria Co. Map Records (13860 Stone Road) Owner: Alberto & Gloria Melgoza 1126 Woodbridge Avenue Pearland, TX 77584 Chairperson Mary Starr read the purpose of the hearing into record. Director of Planning and Community Development Dennis Smith showed the location of the proposed zone change. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS Alberto Melgoza, 1126 Woodbridge, explained that he is asking for R-1 zoning in order to build a new home. He questioned whether rezoning the property would affect the existing deed restrictions. Karen Massey, 4427 CR 403, stated that she has storage buildings and a home on four acres. She expressed concern for industrial businesses in the area. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS John Pearson of Bethel Estates on CR 561, stated that they are against the zone change. He added that they plan to form a home owners committee to fight the rezoning. He stated that Bethel Estates is made up of one (1) acre and three (3) acre tracts. City Attorney Darrin Coker stated that any vacant land in the newly annexed areas would have to be rezoned before it can be built on. Pat Pounds, 4230 Hawk Road, expressed concerns with the zone change request affecting deed restrictions. Gloria Melgoza, property owner, stated that they were told they could not get a building permit without rezoning the property. She explained that they are building one (1) house on three (3) acres. Councilmember Helen Beckman stated that R-1 zoning only allows one (1) house per lot. Mayor Reid stated that if the owner agreed, he would adjourn this Joint Public Hearing until the City Attorney and Planning Director meet with the surrounding property owners and clarify some confusion. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT The Joint Public Hearing for Zone Change Application No. 736 was adjourned at 7:53 PM. The series of Joint Public Hearings adjourned at 7:53 PM. These minutes respectfully submitted by: 01— (f 1"� C-L�- Mona Ann Phi ps, Secretary Minutes approved as submitted and/or corrected this �V day of y , 1999. Tom Reid, Mayor 19? 193