2013-06-17 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 179 20139 AT 6:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS
Mayor Tom Reid and P&Z Chairperson Henry Fuertes called the series of public
hearings to order at 6:30 p.m. with the following present:
Mayor Tom Reid P&Z Chairperson Henry Fuertes
Mayor Pro Tem Greg Hill P&Z Commissioner Ginger McFadden
Council Member Tony Carbone P&Z Commissioner Mary Starr
Council Member Keith Ordeneaux P&Z Commissioner Matthew Hanks
Council Member Scott Sherman
Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge,
Assistant City Manager Jon Branson, City Manager Bill Eisen, Planner II Ian Clowes,
City Planner Harold Ellis, Director of Community Development Lata Krishnarao, and
Community Development Office Coordinator Judy Brown.
Planner II Ian Clowes 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 No. 2013-09Z at 6:31
p.m.
NEW BUSINESS
ZONE CHANGE APPLICATION NO. 2013-09Z
A request of Expre Realty, applicant and owner, for approval of a zone change from the
General Business (GB) zone to the General Commercial (GC) zone on the following
described property, to wit:
Legal Description: Being lots 4-10 in a subdivision of 4.512 acres of land being the
north 1.663 acres of lot 77 and the south 2.849 acres of lot 80, of the Figland Orchards
Subdivision H.T.&B.R.R.Co. Survey Section 13, A-240, recorded in Vol. 3, Page 77,
Plat Records of Brazoria County, Texas.
General Location: Southwest corner of Bardet and Wagon Trail
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
JPH Minutes of
June 17, 2013
Page 1 of 4
Planner II Ian Clowes read the staff report stating the applicant did not have a specific
use planned. Staff received one public comment form in favor. Staff recommended
approval of the zone change from GB to GC.
Mr. Lance Smith of 3219 Old Alvin Road, Pearland, Texas 77581 spoke on behalf of the
applicant.
There was no one present to speak for or against the zone change.
Council Member Tony Carbone inquired who would do the improvements to Bardet
Road, the city or the owner. Planner II Ian Clowes stated the owner would be
responsible.
Council Member Scott Sherman asked what some of the allowable uses were in GB
and not GC.
Planner II Ian Clowes stated GC allows more industrial and commercial uses, such as
minor auto repair and other auto uses.
P&Z Chairperson Henry Fuertes inquired when the GB zone was granted. Planner II
Ian Clowes stated 2001.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2013-
09Z at 6:40 p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2013-10Z at 6:40 p.m.
ZONE CHANGE APPLICATION NO. 2013-10Z
A request of Lynn Almond of Bay Area Equestrian Properties, LP, applicant and owner,
for approval of a zone change from the Single Family Residential (R-1) zone to the
General Business (GB) zone on the following described property, to wit:
Legal Description: Being lots 22-29 and lots 34-39 in a subdivision of 14.458 acres of
land out of the Narregang Subdivision, Plat Records of Brazoria County, Texas.
General Location: 1908 Broadway St.
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
Planner II Ian Clowes read the staff report stating staff received one public comment
form in opposition, and one phone inquiry. The owner wishes to open a snow cone and
shop for her client's at the Equestrian Center. A Specific Use Permit (SUP) was
approved in 1994, but does not allow a snow cone shop. Planner II Ian Clowes stated
that if the zone change was approved, the SUP and the conditions that were approved
JPH Minutes of
June 17, 2013
Page 2 of 4
would be dissolved. The applicant stated they had no intention of deviating from the
previously approved conditions.
Ms. Lynn Almond, applicant and owner, spoke stating she had been in business for 18
years and was looking to build a nice set up for the families, serving snow cones and
selling t -shirts.
Mr. Fred Buehler of 3404 Stonecrest, Pearland, Texas 77581 spoke in favor of the zone
change.
Council Member Scott Sherman inquired if the snow cone stand would be open to the
general public. Ms. Almond stated the primary use was for her clients, but could be
open to the general public. Council Member Scott Sherman inquired about the parking.
Planner II Ian Clowes stated the parking would be reviewed during the permit stage, but
right now it appeared they had enough parking.
Discussion ensued with regards to the SUP being amended, and Planner II Ian Clowes
stated that this would not be allowed. Council inquired of 10-15 years down the road,
what would happen if the property was sold and a GB zone existed, or the next owner
did not keep as clean of an area. Ms. Almond stated she had high standards now, and
was concerned with a CUP or PD allowing her to keep her existing business and the
same number of horses.
Council asked the City Attorney what were some other options. City Attorney Darrin
Coker stated a Planned Development (PD) was an option, but would take time. Another
option would be to change the zoning only on the front portion where the barn was, and
leave the back portion as residential (R-1). The Council & Commission stated they did
not want to put the applicant through a lengthy process of a PD.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2013-10Z at 7:02
p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2013-11Z at 7:02 p.m.
ZONE CHANGE APPLICATION NO. 2013-11Z
A request of Chris Lynch of Gehan Homes, LP, applicant, on behalf of T & B Alexander
Family Ltd. Partnership, owner, for approval of a zone change from the General
Commercial (GC) zone to the Single Family Residential (R-1) zone on the following
described property, to wit:
Legal Description: Being a 19.4462 acre tract of land located in the H.T.&B.R.R. Co.
Survey, section 1, Abstract No. 233 and the D.H.H. Hunter Survey, Abstract No. 76,
Brazoria County, Texas, being a part of Lot 42, Zychlinski Subdivision, a map or plat of
which is recorded in Volume 29 on Page 43, and the remainder of Lot 4, Walcotts
Pearland Subdivision, a map or plat of which is recorded in Volume 35 on Page 241,
JPH Minutes of
June 17, 2013
Page 3 of 4
also being all or part of the certain 11.291 acre tract and 58.723 acre tract conveyed by
the Estate of Anten Halik to A. Guy Crouch, Jr. per deed dated December 15, 1972 and
recorded in Volume 1143 o n page 854, all referenced deeds and maps are recorded in
the Deed Records of Brazoria County, Texas.
General Location: Old Alvin Rd approximately 500 feet south of McHard Rd.
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
Planner II Ian Clowes read the staff report stating the applicant intends to develop 56
residential lots and would pursue a Cluster Development Plan. Staff recommended
approval of the zone change.
Mr. Alan Mueller of 4201 Broadway, Pearland, Texas 77581 spoke on behalf of the
applicant. Mr. Mueller showed a slide show on behalf of Gehan Homes, who was
unable to attend the hearing.
There was no one present to speak for or against the proposed zone change.
The Council, Commission, and Staff had no discussion or comments.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2013-11Z at 7:10
p. M.
ADJOURNMENT
Mayor Tom Reid adjourned the series of public hearings at 7:11 p.m.
These minutes are respectfully submitted by:
Judy Blown, Obnfmunity Development Office Coordinator
Minutes approved as submitted and/or corrected on this 24th day of June, 2013 A.D.
� 1
Mayor Pro -Tem Greg Hill
JPH Minutes of
June 17, 2013
Page 4 of 4