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.
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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.
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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
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