2015-09-28 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON
SEPTEMBER 28, 2015 AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL -
3519 LIBERTY DRIVE
CALL TO ORDER
Mayor Tom Reid opened a series of public hearings at 6:35 p.m.
The following were present:
Council Member Tony Carbone
Council Member Keith Ordeneaux
Council Member Derrick Reed
Council Member Gary Moore
Council Member Greg Hill
P&Z Chairperson Henry Fuertes
P&Z Commissioner Mary Starr
P&Z Commissioner Thomas Duncan
P&Z Commissioner Derrell Isenberg
P&Z Vice Chairperson Daniel Tunstall
P&Z Commissioner Troy Pradia
Also present were City Attorney Darrin Coker, City Planner Frankie Legaux, Senior
Planner Ian Clowes, Associate Planner Vince Hustead, Director of Community
Development Lata Krishnarao, City Engineer Sue Polka, Assistant City Engineer Richard
Mancilla, Deputy City Manager Jon Branson, Deputy City Attorney Lawrence Provins,
PEDC President Matt Buchanan and Office Assistant Jennifer Tatum.
Senior Planner Ian Clowes presented the public hearing process and order of the agenda.
Mayor Tom Reid opened the public hearing for Zone Change Application No. 2015-07Z
at 6:40 p.m.
PURPOSE OF HEARING
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
Zone Change Application No. 2015-07Z
A request of C. Davis Wilson (Architect), applicant; on behalf of Ybarra Investments, Inc.,
owners; for approval of a change in zoning from the Single -Family Residential - 1 (R-1)
zoning district to the Neighborhood Services (NS) zoning district; on approximately 1.698
acres of land, to wit:
Legal Description: Being 1.698 acres situated in the W.D.C. Hall League, Abstract No.
70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2
in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the
Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision,
recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public
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Records, Brazoria County, Texas.
General Location: The property is located South of Broadway Street between East
Circle and West Circle Drive, Pearland, TX.
Senior Planner Ian Clowes read a brief summary stating the applicant was applying for a
zone change from Single Family Residential (R1) to Neighborhood Services (NS). Mr.
Clowes stated that staff recommended approval.
Davis Wilson, Architect, stated the original project was done 12 years ago but didn't get
zoned. Mr. Wilson stated this was all getting platted to clean up the said property. Mr.
Wilson also stated there was going to be an exit on to West Circle and more parking.
Ms. Leslie Baca, 3404 West Circle 77581, spoke in opposition with regards to traffic,
noise, privacy, safety, and property value.
Mr. Martin Ochoa 2121 East Broadway 77581, spoke in favor with regards to better
parking options
Council Member Greg Hill inquired if there would be an entry and exit on West Circle. Mr.
Wilson stated there would only be an exit that would curve and steer traffic toward
Broadway. Council Member Keith Ordeneaux stated he like the stone wall, had not heard
any complaints, and liked the exit only on West Circle. Mayor Tom Reid inquired if a traffic
impact analysis would be done. Assistant City Engineer Richard Mancilla stated that one
has not been done since the building is already there. Council Member Tony Carbone
stated he liked the exit only on West Circle and the stone fence. Council Member Derrick
Reed inquired if the stone fence would go along the back of the property. Senior Planner
Ian Clowes stated it was required. Council Member Gary Moore stated he liked the exit
only. P&Z Chairperson Henry Fuertes inquired if the legal description was accurate.
Senior Planner Ian Clowes stated that the location description is not part of the legal
description.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2015-
07Z at 7:00 p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No.
2015-09 at 7:01.
Conditional Use Permit Application No. 2015-09
A request of C. Davis Wilson, applicant; on behalf of Ybarra Investments, Inc., owner; for
approval of a Conditional Use Permit (CUP) to allow for a restaurant in the Neighborhood
Services (NS) zoning district; on approximately 2.989 acres of land, to wit:
Legal Description: Being 2.989 acres situated in the W.D.C. Hall League, Abstract No.
70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2
in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the
Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision,
recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public
Records, Brazoria County, Texas.
General Location: The property is located South of Broadway Street and East of East
Circle Drive and West of West Circle Drive, Pearland, TX.
Senior Planner Ian Clowes read a brief summary stating the applicant was seeking
approval to allow for a restaurant in the Neighborhood Services (NS) zoning district. Mr.
Clowes stated that staff recommended approval.
Davis Wilson, applicant, stated this was just to clean up the zoning that was supposed to
have happened 12 years ago.
P&Z Chairperson Henry Fuertes inquired if Zone Change Application No. 2015-07Z could
be passed in connection with Conditional Use Permit Application No. 2015-09. City
Attorney Darrin Coker stated no that these were standalone applications. Council Member
Gary Moore inquired if there would be a sign and arrow at the exit on to West Circle. Mr.
Davis stated yes.
Mayor Tom Reid adjourned the public hearing for Conditional Use Application No. 2015-
09 at 7:10 p.m.
Mayor Tom Reid opened the public hearing for Zone Change Application No. 2015-08Z
at 7:11.
Zone Change Application No. 2015-08Z
A request of CDA Architects, applicant; on behalf of Deborah Cabrera and William John
Walsh owners; for approval of a change in zoning from the Planned Unit Development
(PUD) zoning district to the General Business (GB) zoning district; on approximately 4.6
acres of land, to wit:
Legal Description: Being 4.6 acre of land in the H.T. & B.R.R. Co. Survey, Section 80
(A.K.A) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of
the Minor Plat of Ridge Rock Commercial Site No. 1, a Subdivision in Brazoria County,
Texas, according to the map or plat thereof recorded in Document No. 2009028465 of
the Official Public Records of Brazoria County, Texas.
General Location: The property is located on the South Side of Broadway Street, east
of the Shadow Creek High School entryway, Pearland, TX.
Senior Planner Ian Clowes read a brief summary stating the applicant was applying for a
change in zoning from Planned Unit Development (PUD) to General Business (GB)
zoning. Mr. Clowes stated staff recommended approval.
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Ray Duerer with CDA Architects, stated they were trying to get it zoned to develop the
property for a client.
Council Member Derrick Reed inquired what business would be going into the
development. Mr. Duerer stated there was nothing fixed yet, but probably multi -tenant.
P&Z Vice Chairperson Daniel Tunstall inquired if General Business zoning allowed
tobacco and vaping establishments. Mr. Clowes stated yes.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2015-
08Z at 7:15 p.m.
Mayor Tom Reid opened the public hearing for Zone Change Application No. 2015-09Z
at 7:16.
Zone Change Application No. 2015-09Z
A request of Chad Thuman, applicant; on behalf of the Estate of Earl M. Onitsuka, owner;
for approval of a change in zoning from the General Business (GB) and Single Family
Residential — 1 (R-1) zoning districts to the Single Family Residential — 2 (R-2) zoning
district; on approximately 12.4033 acres of land, to wit:
Legal Description: Tract 1 - Being a tract of land containing 10 acres, more or less,
situated in the southwest '/4 of the northwest '/4 of Section 17, H.T. & B.R. Co. Survey,
Abstract 242, Brazoria County, Texas.
Tract 2 — Being a tract of land containing 2.4033 acres, more or less, situated in the
southwest '/4 of the northwest '/4 of Section 17, H.T. & B.R. Co. Survey, Abstract 242,
Brazoria County, Texas.
General Location: North of Fite Road, east of Old Chocolate Bayou Road, Pearland,
TX.
Senior Planner Ian Clowes read a brief summary stating the applicant was applying for a
zone change from General Business (GB) and Single Family Residential (R1) to (R2). Mr.
Clowes stated staff could not recommend approval because of the Future Land Use Plan.
Mr. Chad Thuman, applicant, stated the property is half residential and half commercial
and they wanted to put in homes that were in the 300k range. Mr. Thuman stated he could
not see commercial uses being developed on this piece of land and that surrounding area
was R2 and R3.
Council Member Gary Moore inquired why they were trying to develop it now. Mr. Thuman
stated tracts of land are decreasing in the area and the lake would make a nice view for
the home buyers. Council Member Derrick Reed inquired if the applicant could purchase
the land to the North of the property. Mr. Thuman stated they may try and buy it. Council
' Member Tony Carbone inquired what the current zoning was and what the setbacks
would be if commercial abuts residential. Senior Planner Ian Clowes stated General
Business and Single Family Residential and setbacks were a 30 ft buffer with vegetative
wall or 25 ft buffer with masonry wall. Mayor Tom Reid stated putting a residential
neighborhood here would be difficult for emergency personnel to access. Mr. Thuman
stated 2 entrances were required for this development, and they would have both. Council
Member Keith Ordeneaux stated Pearland had enough homes, and wanted to see more
commercial. Council Member Greg Hill inquired which property belonged to Narmin & Raj
Ramlal (neighboring business owners). Ms. Ramlal stated they were right next door in a
warehouse that stored products they sold online. Mr. Hill inquired if there would be a
setback issue if the property north was bought. Mr. Thuman stated the homes would back
up to each other.
P&Z Vice Chairperson Daniel Tunstall stated townhomes were trying to go in at the corner
of Fite Rd but it was not approved due to them abutting commercial. Mr. Tunstall stated
this property needed to be commercial and for the applicant to come back with a Planned
Development. P&Z Chairperson Henry Fuertes stated this site was difficult and wanted
the applicant to come back with a Planned Development for both properties. Mr. Fuertes
stated multifamily made sense for this property. Council Member Derrick Reed inquired
how many acres were currently zoned General Business. Mr. Thuman stated about 5
acres.
' Narmin & Raj Ramlal, 8017 Fite Rd 77581, spoke in opposition to the proposal with
regards to being able to expand their business in the future.
Gary Bucek 8101 Fite Rd 77581, spoke in opposition to the proposal with regards to
residential adjacency effecting the warehouse area.
Mayor Tom Reid adjourned the public hearing process for Zone Change Application No.
2015-09Z at 7:52 p.m.
These minutes are respectfully submitted by:
Jennifer Tatum, Office Assistant
Minutes approved as submitted on this 26th day of October, 2015 A.D.
' Mayor Tom Reid
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