2012-08-20 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC
HELD AUGUST 20, 2012 AT 6:30
CITY HALL, 3519 LIBERTY DRIVE,
CALL TO ORDER
HEARING OF THE CITY OF PEARLAND, TEXAS,
P.M., IN THE 2ND FLOOR CONFERENCE ROOM,
PEARLAND, TEXAS
Mayor Tom Reid and Acting P&Z Commissioner Linda Cowles opened a series of public
hearings at 6:30 p.m. with the following present
Mayor Tom Reid
Mayor Pro Tem Susan Sherrouse
Council Member Keith Ordeneaux
Council Member Greg Hill
Council Member Scott Sherman
P&Z Vice Chairperson Linda Cowles
P&Z Commissioner Neil West
P&Z Commissioner Ginger McFadden
P&Z Commissioner Mary Starr
P&Z Commissioner Daniel Tunstall
Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge,
City Manager Bill Eisen, City Planner Harold Ellis, Community Development Director
Lata Krishnarao, and Community Development Office Coordinator Judy Brown.
City Planner Harold Ellis explained the Joint Public Hearing and agenda process for the
attending public, and explained that the Planning & Zoning Commission meeting would
immediately follow the Joint Public Hearing.
Mayor Tom Reid called to order the Public Hearing for Conditional Use Permit No.
2012-03 at 6:31 p.m.
NEW BUSINESS
ZONE CHANGE APPLICATION NO. 2012-05Z
A request of Daniel Frayne, applicant, on behalf of JDI Ventures, Inc., owner, for
approval of a zone change from the Spectrum District (District S5) (SP5) zone to the
Light Industrial (M-1) zone for 17.7063 acres on the following described property, to wit:
Legal Description: Being a 17.7063 acre (771,287 square feet) tract of land out of the R.
T. Blackburn Survey, Abstract 160, Harris County, Texas; and being out of and a portion
of Lot 22 and Lot 30 of the Orchard Ridge Addition to Almeda as recorded by plat filed
in Volume 64, page 7 of the Deed Records of Harris County, Texas; and being all of and
the same as the certain called 7.410 acre tract of land and all of and the same as the
certain called 0.400 acre tract of land, both as conveyed to CSBWMD All Terrain
Vehicles, Inc., in Warranty Deed dated September 18, 1989, as recorded in File
Number M-327774 of the Clerk's Files of Harris County, Texas; and being all of the
same as that certain called 9.896 acre tract of land as conveyed to CSBWMD All
Terrain Vehicles, Inc., in Warranty Deed dated September 18, 1989, as recorded in File
Number M-327773 of the Clerk's Files of Harris County, Texas
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August 20, 2012
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General Location: 322 Riley Road, Pearland, TX
City Planner Harold Ellis read the staff report stating staff was unable to recommend
approval of the Zone Change for the following reasons:
1. The proposed zone change will not bring existing non -conforming property into
compliance with the city's current UDC
2. The proposed zone change will not bring existing non -conforming property into
compliance with the city's Comprehensive Plan.
3. Proposed zone change would result in a re -development of abandoned property
in a manner which would be in opposition to the city's comprehensive plan.
Mr. Daniel Frayne of 17171 Park Row Suite 160, Houston, Texas spoke.
There was no one present to speak for or against.
There was much discussion with regards to abandonment, and City Planner Harold Ellis
read the definition from the UDC.
Council Member Scott Sherman asked the applicant he had attempted to lease the
property, and Mr. Frayne stated he had attempted, but no buyers. Mr. Frayne asked to
contest the ruling of abandonment.
Council Member Scott Sherman stated he did not agree with staffs recommendation.
Mayor Pro Tem stated she was in favor of Planning's recommendation, but asked the
Commission to look at the Land Use Plan when considering.
Director of Community Development Lata Krishnarao added that the UDC states the
Zoning Board of Adjustment can address the abandonment issue. City Planner Harold
Ellis added that staff did speak with the owner and they were not in favor a Special
Exception through the ZBA.
Mayor Tom Reid stated he wants to work to consolidate a facility into a usable business.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2012-05Z at 6:48
p.m.
Mayor Tom Reid opened a public hearing for Zone Change No. 2012-06Z at 6:48 p.m.
ZONE CHANGE APPLICATION NO. 2012-06Z
A request of South Park Funeral Home, owner and applicant, for approval of a zone
change from the Light Industrial (M-1) zone to the General Commercial (GC) zone for
103.6405 acres on the following described property, to wit:
1
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August 20, 2012
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C
Legal Description: A survey of two tracts of land being a 101.1405 acre tract out of lots
64 & 74 of the W. Zychlinski Subdivision located in Section 2 of the H. T. & B. R. R. Co.
Survey, A-542 and out of lots 70, 75, & 79 of the W. Zychlinski Subdivision located in
Section 3 of the H. T. & B. R. R. Co. Survey, A-232 and a tract of land being a 2.500
acre tract out of lot 64 of the W. Zychlinski Subdivision located in Section 2 of the H. T.
& B. R. R. Co. Survey, A-542, Brazoria County, Texas
General Location: 1310 N. Main, Pearland, TX
City Planner Harold Ellis read the staff report stating staff recommends approval.
Mr. Rene Salinas, agent for the applicant spoke.
There was no one present to speak for or against.
There was no discussion from the Council/Commission/Staff.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2012-06Z at 6:54
p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2012-07Z at 6:55 p.m.
ZONE CHANGE APPLICATION NO. 2012-07Z
A request of Kerry Gilbert & Associates, applicant, on behalf of Beltway 23, Ltd., owner,
for approval of a zone change from the Suburban Development (SD) zone to the
General Business (GB) zone for 20.3 acres on the following described property, to wit:
Legal Description: The herein described 20.3 acres, more or less, being generally
located in Section 80, J. S. Talmage Survey Abstract 564, Brazoria County, Texas; the
south line being along the south line of Lot 2, Section 80, J. S. Talmage Survey,
Abstract 564 according to the plat thereof as filed in Volume 2, Page 98 Brazoria
County Plat Records; the west line being the east line of City of Pearland Ordinance No.
1035; the north line being the south right-of-way line of County Road 92 and the
extension of City of Pearland Ordinance 924 and the east line being the west line of City
of Pearland Ordinance No 924; All that certain 20.3 acres, more or less, annexed into
the City of Pearland by Pearland Ordinance 1465 and being all of Lots 1 & 2, Section
80, J. S. Talmage Survey, Abstract 564.
General Location: Southeast corner Broadway/Kingsley
City Planner Harold Ellis read the staff report stating staff is not able to recommend
approval for the following reasons:
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August 20, 2012
Page 3 of 5
1. The proposed zone change, at the proposed acreage, would not be in
compliance with the City's approved Land Use Plan section for the
Comprehensive Plan.
2. The proposed zone change may not be compatible with and result in adverse
impacts with existing nearby single-family residential developments.
3. A Planned Development or lesser zone such as Office Professional (OP), or
Residential Retail Node (RRRN), may offer the best protection for the city to
ensure that future development for this parcel is compatible with surrounding
existing single-family resident land uses.
Mr. Kerry Gilbert of Kerry Gilbert & Associates spoke going over the history of the
property, stating it was annexed at the request of the owner. It was 20.3 acres and is
down to 18.000 acres due to the R -O -W. Mr. Gilbert added that they have been
approached by gas stations and churches of which both, and others, are allowed in the
General Business zone. Staff asked the applicant to consider the PD zone. The owner
wants the capability to move forward with making a deal with potential buyers. Mr.
Gilbert stated they would consider a PD, but concerned with the amount of time that
would pass.
Ms. Angela Lolley of 12505 Pepper Creek Ln., Pearland, Texas spoke of concerns with
safety, noise and visual effects. Ms. Lolley stated she did like the idea of the PD
exemptions list and would like to see appropriate development to ward off wild life
issues.
Council Member Scott Sherman acknowledged that staff received four public comment
forms in opposition. Council Member Sherman stated he feels a PD is the best move.
Mayor Pro Tem Susan Sherrouse agreed a PD would be best. And, Mayor Tom Reid
stated that whatever goes in will set the style for what goes in that area.
P&Z Vice -Chairperson Linda Cowles stated she would like to know what could go in.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2012-07Z at 7:15
p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the Public Hearing at 7:15 p.m.
These minut#s are respectfully submitted by:
Judy B own, Co munity Development Office Coordinator
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August 20, 2012
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Minutes approved as submitted and/or corrected on this 9th day of September 2012,
A. D.
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Mayor Tom Reid
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August 20, 2012
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