2014-06-16 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, CITY OF PEARLAND, TEXAS, MONDAY,
JUNE 16, 2014, AT 6:30 P.M., COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
Mayor Tom Reid and P&Z Chairperson Henry Fuertes opened a series of public hearings
for the City Council and P&Z Commission at 6:34 p.m.
In attendance were:
Mayor Tom Reid
Mayor Pro Tem Keith Ordeneaux
Council Member Tony Carbone
Council Member Greg Hill
Council Member Scott Sherman
Council Member Gary Moore
P&Z Chairperson Henry Fuertes
P&Z Vice Chairperson Mary Starr
P&Z Member Elizabeth McLane
P&Z Member Derrick Reed
P&Z Member Linda Cowles
P&Z Member Daniel Tunstall
P&Z Member Ginger McFadden
Also in attendance were City Planner Johnna Matthews, City Attorney Darrin Coker,
Assistant City Manager Jon Branson, City Manager Clay Pearson and Office Supervisor
Judy Brown.
City Planner Johnna Matthews read the public hearing process.
Mayor Tom Reid opened the public hearing for Zone Change No. 2014-7Z at 6:38 p.m.
ZONE CHANGE APPLICATION NO. 2014-07Z
LJA Engineering, applicant; on behalf of Robert Alexander, owner; for approval of a
change in zoning from Office and Professional (OP), General Business (GB) and Single
Family Residential 2 (R-2) to General Business (GB) on approximately 26.5 acres of land,
to wit:
Legal Description: Being 26.524 acres of land located in the Thomas J. Green Survey,
Abstract No. 198, Brazoria County, Texas, more particularly being a portion of the residue
of that certain called 140.6899 acre tract conveyed to Martha Alexander Crouch by
instrument of record in Volume 1595, Page 422 of the Deed Records of said Brazoria
County (B.C.D.R.) and a portion of the residue of that certain called 172.0566 acre tract
conveyed to Robert L. Alexander by instrument of record in Volume 1725, Page 193
(B.C.D.R.), Brazoria County, Texas
Minutes of the
Joint Public Hearing
June 16, 2014
Page 1 of 6
General Location: Southeast corner of Pearland Parkway and Barry Rose Road,
Pearland, TX
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record and
clarified the site was located in the southwest corner of Pearland Parkway and Barry Rose
Road.
City Planner Johnna Matthews read the staff report stating the applicant was seeking a
zone change of approximately 26.5 acres for zoning district General Business (GB). Staff
discussed a Planned Development (PD) with the applicant as a zoning alternative that
would facilitate development of this site as per the applicants desires, while addressing
concerns of non -conforming uses in close proximity to single family residential
development. The applicant originally presented a Planned Development (PD) zoning
district, but later changed it to General Business (GB). Staff was unable to recommend
approval of the zone change to GB as it did not meet the future land use plan. Ms.
Matthews also discussed that Westminister would extend to Barry Rose, per the
Thoroughfare Plan.
Staff received three notices in opposition.
Mr. Greg Patch, LJA Engineering, 2929 Briarpark, Suite 600, Houston Texas spoke of a
proposed grocery store with tenant pad sites. Mr. Patch stated they originally planned to
rezone all of the property as a PD, but after discussion with the owner and with the church
that had a portion already zoned PD, they chose to rezone the property to General
Business (GB). Mr. Patch stated he did have several site plan drawings available to view.
City Planner Johnna Matthews stated it was the goal of the city to have the
Comprehensive Plan match the zoning.
Mr. Anselmo Lozano of 3213 London Court, Pearland Texas spoke with regards to
extending Westminister to Pearland Parkway and was in favor of the zone change.
Mr. Doug Marcontell of 3209 London Court, Pearland Texas spoke with regards to
relieving traffic on London Court and would welcome a grocery store. He added that a
commercial business would increase traffic on London Court.
Mr. Steve Kenney of 2116 Tower Bridge, Pearland Texas spoke of concerns with property
values decreasing and traffic on the Dawn Street cut out. He would like to see a fair
market study done for every development in order to keep neighbors informed.
Ms. Sandra King, 2008 Tower Bridge, Pearland, Texas stated she backed up directly
behind the proposed zone change and was concerned with noise, traffic, lights and
drainage.
Minutes of the
Joint Public Hearing
June 16, 2014
Page 2 of 6
Council Member Greg Hill asked for clarification on current zoning, and inquired what
would be allowed in an Office Professional (OP) zoned district. City Planner Johnna
Matthews stated a business such as a bank and other office uses would be allowed.
Council Member Gary Moore inquired about the type of businesses that would be allowed
with a General Business (GB) zone. City Planner Johnna Matthews stated only a PD
could restrict or place conditions on the uses.
Council Member Scott Sherman asked if there was a timing in place for the expansion of
Westminister and what the cost would be. Director of Engineering and Capital Projects
Trent Epperson stated there were no plans to expand Westminister and that it would most
likely be developer driven. He estimated the cost would be in the hundreds of thousands
range as opposed to millions. Council Member Sherman asked the applicant what their
concerns were for not doing a Planned Development (PD). Mr. Patch stated they would
meet the requirements of the thoroughfare plan with the General Business (GB) zone,
thus a Planned Development (PD) zone would not be needed. Council Member Sherman
asked Mr. Patch if he would be willing to go back to the applicant with a change to a
Planned Development (PD) zone. Council Member Sherman stated he would prefer a
Planned Development (PD) zone. Mr. Patch replied that the applicant would be fine as
long as no time was lost by pursuing a different zone. Council Member Sherman asked
staff if this would be possible. City Planner Johnna Matthews stated they would prefer a
separate submittal, but would do what was asked of them by the Council.
Council Member Keith Ordeneaux inquired about possibly putting detention where the
property is currently zoned residential and only changing the Office Professional (OP)
zone to General Business (GB). He stated he would prefer a Planned Development, not
emphasizing on type of brick or lighting, but a "lite" PD. This type of PD would narrow
down some of the uses.
Council Member Tony Carbone agreed that a lite PD would be preferable.
P&Z Commissioner Elizabeth McLane stated that she would like to see a Traffic Impact
Analysis (TIA) prior to the changes. City Planner Johnna Matthews stated that per legal
counsel, a TIA is not required with a Planned Development.
P&Z Chairperson Henry Fuertes spoke with regards to commercial values.
Council Member Greg Hill remarked that what he was hearing from the residents was a
desire for limited uses and better connectivity to Pearland Parkway.
Council Member Scott Sherman and Tony Carbone both expressed frustration with the
applicant being advised to do a Planned Development and that 21 plus minutes were
spent discussing and suggesting a PD.
Minutes of the
Joint Public Hearing
June 16, 2014
Page 3 of 6
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2014-07Z at 7:28
p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2014-08Z at 7:28 p.m.
ZONE CHANGE APPLICATION NO. 2014-08Z
A request of Evelyn Pineda, owner/applicant; for approval of a change in zoning from
Single Family Residential 2 (R-2) to Office and Professional (OP) on approximately 0.44
acres of land, to wit:
Legal Description: Being a tract of land containing 0.4362 acres (19,000 square feet),
situated in the H.T. & R.R.R. Survey, Abstract No. 543, Brazoria County, Texas, being
out of the H.C. Johnson 1.0 acre tract out of Lot 1 of a subdivision of Section 4 recorded
in Volume 410, Page 536 of the Deed Records of Brazoria County, Texas, Brazoria
County, Texas
General Location: Northwest corner of Walnut Street and Johnson Street, Pearland,
TX
P&Z Chairperson Henry Fuertes read the purpose of the hearing in to the record.
City Planner Johnna Matthews read the staff report stating the property includes
approximately .44 acres with a request to change the zone from Residential (R-2) to Office
Professional (OP) along with the future land use plan being changed. Staff was unable
to recommend approval as it differs from the Comprehensive Plan. Staff received several
notices in favor, but most were from the tenants, not the owners.
Ms. Evelyn Pineda, applicant and owner, 2704 Tranquility Trail, Pearland Texas spoke of
her intent to have her own office located in the existing building. Three properties near
this tract have had zone changes to commercial.
There was no one present to speak for or against the proposed zone change.
Council Members Tony Carbone, Scott Sherman, Keith Ordeneaux, Gary Moore and
Greg Hill all agreed with the zone change based on surrounding properties and
recommended approving even though it differs from the Comprehensive Plan.
Council Member Tony Carbone addressed staff's recommendation of "unable to
recommend approval" as odd, when the properties across the street had three zone
changes with staff recommending approval.
City Planner Johnna Matthews stated it was the job of a Planner to state the facts based
on state code and that only the P&Z could make a motion to change the zone with Council
Minutes of the
Joint Public Hearing
June 16, 2014
Page 4 of 6
approving the zone change.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2014-08Z at 7:42
p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2014-03 at
7:42 p.m.
CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT
APPLICATION NO. 2014-03
A request of Verret Group, applicant; on behalf of Vineyard Christian Fellowship of
Pearland, owner; for approval of a Conditional Use Permit (CUP) to allow for a church on
approximately 4.83 acres of land on the following described property, to wit: .
Legal Description: 4.83 acres (210,206 square feet), all of a called 4.826 acres being
the south 129' of Lot 79 and the north 214' of Lot 78, Figland Orchard, H.T. and B.R.R.
Survey, Abstract 240, Brazoria County, Texas.
General Location: East side of Harkey Road, between Josephine Street to the north and
Fite Road to the south, Pearland, TX
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
City Planner Johnna Matthews read the staff report with staff recommending approval
with one condition
1) As approved with the expired CUP that was approved for a church in 2008, no
access to the site shall be granted via Bardet Street
Mr. Mark Verret, Verret Group, representing the applicant, 10200 Grogans Mill Road, 575,
The Woodlands Texas spoke briefly of the church's community involvement and using
the detention pond as a park to be shared with the neighbors. He thanked City Council
and the Planning & Zoning Commission for the last CUP that was approved in 2008.
Mr. Alan Allen of 3125 English Oaks Blvd., Pearland Texas spoke on behalf of the church
as their pastor, expressing his gratitude for an approval.
P&Z Commissioner Derrick Reed thanked the applicant for submitting a site plan.
Mayor Tom Reid briefly discussed Bardet Street with clarification that it would not connect
to the church, but would have a cul-de-sac on the end towards Wagon Trail.
Mr. Verret stated the detention would be dry detention with a park setting and the hope
of keeping some of the existing trees.
Minutes of the
Joint Public Hearing
June 16, 2014
Page 5 of 6
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2014-03 at
p.m.
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO. 2014-
06Z - WITHDRAWN
A request of Evelyn Pineda, owner/applicant, for approval of a change in zoning from
Single Family Residential 2 (R-2) to Office and Professional (OP) on approximately 0.21
acres of land, to wit:
Legal Description: A tract of land being known as Lot 15 of Darlinda Addition, a
subdivision in Brazoria County Texas as recorded in Volume 7, Page 20 of the Plat
Records of said Brazoria County, and being the same tract of land as described in deed
to Ernesto Perez and Evelyn Pineda under Clerk's File Number 2006042620 of the Real
Property Records of said Brazoria County.
General Location: South side of Broadway Street, and approximately 100 feet from the
intersection of Broadway Street and Ray Street, Pearland, TX
Mayor Tom Reid stated for the record Zone Change No. 2014-06Z had been withdrawn.
ADJOURNMENT
Mayor Tom Reid and P&Z Chairperson Henry Fuertes adjourned the series of public
hearings at 7:58 p.m.
These minutes are respectfully submitted by:
Judy Browrt/CommL@ity Development Office Supervisor
Minutes approved as submitted and/or corrected on 71111day of July, 2014 A.D.
Mayor Tom Reid
Minutes of the
Joint Public Hearing
June 16, 2014
Page 6 of 6