2013-01-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESC
MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY OF PEARLAND, TEXAS,
HELD JANUARY 21, 2013, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY
HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
Mayor Tom Reid and P&Z Chairperson Henry Fuertes called the public hearing to order
at 6:30 p.m. with the following present:
Mayor Tom Reid
Mayor Pro Tem Susan Sherrouse
Council Member Woody Owens
Council Member Keith Ordeneaux
Council Member Greg Hill
Council Member Scott Sherman
P&Z Chairperson Henry Fuertes
P&Z Vice Chairperson Linda Cowles
P&Z Commissioner Mary Starr
P&Z Commissioner Neil West
P&Z Commissioner Matthew Hanks
P&Z Commissioner Ginger McFadden
P&Z Commissioner Daniel Tunstall
Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge,
Assistant City Manager Jon Branson, 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 opened the Public Hearing for Zone Change Application No. 2013-0lZ
at 6:32 p.m.
NEW BUSINESS
ZONE CHANGE APPLICATION NO. 2013-0lZ
A Michael Pollak, applicant, on behalf of Marilyn Bullard, owner, for approval of a zone
change from the Single Family Residential -1 (R-1) zone to the General Business (GB)
zone for 7.650 acres on the following described property, to wit:
Legal Description: All that certain 7.650 acres out of Section 16, H.T. & B. R.R
Company Survey, Abstract No. 546 and being a portion of that certain tracts described
in a deed dated 04-11-2002 from Edwin Hunter Harris, et ux. to Marilyn Louise Bullard
as filed in the Official Records of Real Property of Brazoria County at Clerk's File No.
02-017799 and a portion of that certain tract as described in a deed dated 12-17-1997
from Edwin Hunter Harris, Sr. to Marilyn Louise Bullard as filed in the Official Records of
Brazoria County at Clerk's File No. 97-044957
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General Location: Northeast corner of Magnolia and Manvel Roads
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
City Planner Harold Ellis read the staff report stating staff recommends approval of the
zone change.
Mr. Mike Pollak of 9525 Katy Freeway, Suite 130, Houston, Texas spoke on behalf of
the applicant stating the owner indicated they would like to sale to a commercial
developer.
There was no one present to speak for or against the zone change.
P&Z Commissioner Neil West inquired how many times the property had a zone
change. City Planner Harold Ellis stated none to his knowledge.
P&Z Chairperson Henry Fuertes inquired about the 50 acre node maximum, with this
node currently at 54 acres. Council Member Scott Sherman asked for clarification with
regards to previous discussion among the P&Z Commission regarding Nodes. Council
Member Sherman asked how many times the City had gone over the acreage noted for
a node; and, he reiterated for clarification that a major retail node was 50 acres, and a
minor retail node was 25 acres.
Director of Community Development Lata Krishnarao explained the node history adding
that a node could vary a bit due to parcel configuration, and that the Kingsley &
Broadway node came close to exceeding the 25 acres for a minor node.
City Planner Harold Ellis stated that the applicant had agreed to a lesser zone of
Neighborhood Services (NS) making it more compatible with the surrounding area.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2013-
01Z at 6:53 p.m.
Mayor Tom Reid opened Public Hearing for Zone Change Application No. 2013-02Z at
6:54 p.m.
ZONE CHANGE APPLICATION NO. 2013-02Z
A Kevin Cole, applicant, on behalf of Karen Ritchey, owner, for approval of a zone
change from the Single Family Residential -1 (R-1) zone to the Single Family
Residential -3 (R-3) zone for 33.307 acres on the following described property, to wit:
Legal Description: A 33.307 acre tract in the H. T. & B. R.R. Company Survey Section
85, Abstract No. 304 in Brazoria County, Texas. Said 33.307 acre tract is part of Lot 45, .
part of Lot 55, and all of Lots 56 and 57 of the Allison -Richey Gulf Coast Home
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January 21, 2013
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Subdivision as recorded in Volume 2, Page 107 in the Brazoria County Plat Records.
Said 33.307 acre tract comprises those tracts of land described in deeds to George
Ritchey, and wife Karen Ritchey, as recorded in Clerk's File No's 97-019237, (as
corrected by 97-032332), 99-015625 and 96-019344 (Lot 57 only), all filed of record in
the Brazoria County Clerk's Office.
General Location: North of Summer Breeze Drive, between Miller Ranch and Silver
Lake Parkway
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
City Planner Harold Ellis read the staff report stating 8,800 s.f. was the minimum lot size
for R-1 zone, and 6,000 s.f. was the minimum lot size for R-3 zone. Mr. Ellis stated staff
was unable to recommend approval at this time for the following reasons:
1. Approval of the zone change may not be compatible with surrounding land uses
2. The proposed zone change may have a negative impact on the surrounding
properties by allowing smaller lots
3. The proposed zone is not in compliance with the latest approved Future Land
Use Plan
Mr. Kevin Cole of the Matrix Group, 11232 Shadow Creek Parkway, Pearland Texas
spoke on behalf of the applicant. Mr. Cole presented the following information: Hickory
Slough is a natural boundary to the north, most of the surrounding areas are zoned R-3,
the existing pond would be utilized on the property for drainage, and by proposing R-3
zone, a density of 3.24 — 3.30 lots per acre or 108 to 110 lots would be built averaging
8,125 s.f. lots at approximately $190,000 per home.
Mr. Cole stated that Beazer Homes had a land agreement in place with the owner. Mr.
Cole added that this was the owners' third attempt to rezone the property to R-3 zone.
Mr. David Smoot of 2620 Sunday House Drive, Pearland Texas spoke in opposition
asking the zone to remain.
Mr. Ray Petrvalsky of 2504 Sunfish Drive, Pearland Texas spoke in opposition and felt it
would lower the value of his home, and concerned with barking dogs.
Mr. Dennis Jalufka of 9705 Summer Breeze Drive, Pearland Texas spoke in opposition
due to traffic increase concerns and property values decreasing.
Ms. Karen Ritchey of 3110 Bruno Way, Pearland Texas spoke in favor of the property
stating she has had a contract on the property three different times and wants nice, well
kept homes built.
Mr. Paul Chimenti of 2615 Sunrise Harbor Lane, Pearland Texas spoke in opposition
and expressed concern with zoning smaller lots.
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January 21, 2013
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Ms. Regina Young of 2610 Sunrise Harbor Lane, Pearland Texas spoke of concern with
going to smaller lots than what is proposed and causing lower property values.
Council Member Keith Ordeneaux asked staff where the R-1 zone was coming from,
and asked for history since the lot averages surrounding the property were zoned R-3
with 7,600 — 9,100 s.f. lots.
Director of Community Development Lata Krishnarao stated R-1 was applied in 2006
with the adoption of the Unified Development Code and the Comprehensive Plan
update in 2004. Staffs concern was with smaller lots.
Council Member Greg Hill inquired if property was compatible with the Comprehensive
Plan, and added that the Comprehensive Plan is a guide and feels R-3 zone is
appropriate and fits.
P&Z Commissioner Daniel Tunstall stated the surrounding area appears to be zoned R-
3 but is more compatible to R-1 or R-2 based on the lot sizes.
Council Member Scott Sherman asked what the original zone was. The owner, Karen
Ritchey stated that the property was annexed the first week she purchased the property.
It was zoned as Suburban Development. Council Member Sherman stated he felt the
city should allow the owner to develop the land with a potential buyer, and that Beazer
Homes was a good company.
There was discussion with regards to a Cluster Development Plan. The applicant
stated they were not interested in doing a Cluster Development Plan due to the cost.
Mayor Pro -Tem Susan Sherrouse stated it was important to update the Comprehensive
Plan as it was last updated in 1999.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2013-
02Z at 7:56 p.m.
Mayor Tom Reid opened the Public Hearing Zone Change No. 2013-03Z at 7:56 p.m.
ZONE CHANGE APPLICATION NO. 2013-03Z
A request of Tranquility Plaza, applicant and owner, for approval of a zone change from
the Neighborhood Service (NS) zone to the General Business (GB) zone for 0.9495
acres on the following described property, to wit:
Legal Description: Being a 0.9495 acre tract of land situated in the H.T. & B.R.R.
Company Survey Abstract 242 in Brazoria County, Texas, being the same tract of land
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January 21, 2013
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conveyed to Joseph B Benes and recorded in Volume 408 Page 538 of the deed
records of Brazoria County Texas.
General Location: 7902/7904 Broadway
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
City Planner Harold Ellis read the staff report stating staff recommended approval of the
zone change.
Mr. Chad Thuman of Tranquility Plaza, LLC 7918 Broadway, Pearland Texas spoke on
behalf of the applicant.
There was no one present to speak for or against the zone change.
P&Z Chairperson Henry Fuertes stated on a positive note with this zone change, the
applicant would not have to return for individual Conditional Use Permits.
There was brief discussion regarding the parking, and City Planner Harold Ellis stated
the Zoning Board of Adjustments (ZBA) granted shared parking agreement, and the
owner opened up the adjoining parking lot.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2013-03Z at 8:05
p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of Public Hearings at 8:05 p.m.
These minutes are respectfully submitted by:
Judy BrdWh, Como(unity Development Office Coordinator
Minutes approved as submitted and/or corrected on this 11th day of February, A.D.
Mayor Tom Reid
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January 21, 2013
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