2016-03-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES' MINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON
MARCH 21, 2016 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 6:30 p.m.
The following were present:
Council Member Tony Carbone
Council Member Greg Hill
Council Member Keith Ordeneaux
Council Member Derrick Reed
Council Member Gary Moore
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Derrell Isenberg
P&Z Commissioner Ginger McFadden
P&Z Commissioner Troy Pradia
P&Z Commissioner David Selsky
P&Z Commissioner Mary Starr
Also present were City Manager Clay Pearson, Deputy City Manager Jon Branson,
Assistant City Manager Trent Epperson, City Attorney Darrin Coker, City Secretary Young
' Long, President PEDC Matt Buchanan, Director of Community Development Lata
Krishnarao, City Planner Frankie Legaux, Associate Planner Vince Hustead, City Engineer
Susan Polka, Assistant City Engineer Richard Mancilla and Office Assistant Alma
Gonzales.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2016-01 at
6:35p.m.
PURPOSE OF HEARING
Conditional Use Application No. 2016-01
A request of James Elmore, applicant; on behalf of A & A Business, owner; for
approval of a Conditional Use Permit (CUP) to allow for gasoline station and convenience
store in the General Business (GB) zoning district; on approximately 0.8767 acre
portion of land that is part of a 3.3825 acre tract, Pearland, TX
Legal Description: A tract or parcel containing 0.8767 acre portion of a 3.8325 acre tract
of land situated in the Thomas J. Green Survey, Abstract 198, in the City of Pearland,
Brazoria County, Texas.
General Location: NE Comer of Broadway St. and Alexander Ln., Pearland, TX
' P&Z Chairperson Daniel Tunstall read into the record Conditional Use Application No. 2016-
01.
JPH Minutes—March 21, 2016
Page 1 of 6
APPLICATION INFORMATION AND CASE SUMMARY
City Planner Frankie Legaux read the staff report and showed the exhibits of the maps, ,
aerials and posting of signs for the subject property. Staff recommended approval.
Representative for the applicant James Elmore explained the concept of the subject location
as being compared to the existing Big Horn convenience store with food to go instead of a
sit down dining area and the store would include a gas station. Mr. Elmore included
information on revenue increase.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
Councilmember Greg Hill asked applicant Mr. Elmore the intent of the balance frac.
Councilmember Keith Ordeneaux asked why a Conditional Use Permit was being requested
for this property trac and his concerns with doing only one complete trac. City Planner
Frankie Legaux and Mr. Elmore explained the restricted requirements for a complete trac
for fuel sales. Councilmember Tony Carbone inquired on the current zoning, detention and
the setbacks. Councilmember Gary Moore asked regarding the planting of trees on the
frontage road and if powerlines would be effected once trees were placed. Mr. Elmore
notified Mr. Moore that the Urban Forester had reviewed and approved the plans showing
the placement of the trees.
One comment form was received by mail showing being opposed to the Zone Change '
Application No. 2016-01 from DAC Properties.
Mayor Tom Reid adjourned the public hearing for Conditional Use Application No. 2016-01
at 7:00 p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Application No. 2016-04 at
7:01 p.m.
PURPOSE OF HEARING
Conditional Use Application No. 2016-04
A request of Alfred Rucker, applicant; on behalf of Pogie USA LLC, owner; for approval
of a Conditional Use Permit (CUP) to allow for bail bonds in the General Business (GB)
zoning district; on approximately 3.1092 acres of land.
Legal Description: Being a 3.1092 acre tract of land out of Lot 46 of the Allison Richey
Gulf Coast Home Company's Subdivision of Section 6, H.T&B.R.R. Co. Survey also
called the F.B. Drake Survey, Abstract 504, Brazoria County, Texas, according to the
map or plat thereof recorded in Volume 2, Page 24, of the plat records of Brazoria '
County, Texas.
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Page 2 of 6
General Location: 6601 Broadway Street, Pearland,TX.
' P&Z Chairperson Daniel Tunstall read into the record Conditional Use Application No. 2016-
04.
APPLICATION INFORMATION AND CASE SUMMARY
City Planner Frankie Legaux read the staff report and showed the exhibits of the maps,
aerials, landscaping and posting of signs for the subject property. Staff recommended
approval. Applicant Alfred Rucker at 16502 Prairie St. Houston, TX indicated the use of the
building would be as a general office and would be available for any questions.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
The following persons were opposed to the request with concerns being that the present
gas station is not low key and would increase more traffic, pedestrians, noise and trash.
Worries were how unsafe the longtime residents living near and around the proposed
business would feel with the type of customers it may bring in. A homeowner made a
comment they felt the integrity of the neighborhood would degrade:
April Jackson, 2625 Garden Road — Opposed
Blake Jackson, 2625 Garden Road — Opposed
Eric Elliott, 2609 Garden Road — Opposed
Keli Ingroso, 2609 Garden Road — Opposed
' Councilmember Derrick Reed asked regarding the store hours and Mr. Rucker informed
store hours would be Monday through Sunday, ga.m. until 10p.m. Councilmembers Greg
Hill and Tony Carbone were concerned of the location abudding a residential area. Both
Councilmembers felt the location and area are not a good fit for a bail bands office.
Councilmember Keith Ordeneaux is opposed to the location.
P&Z Commissioner Troy Pradia had inquired on the number of bail bond offices presently
in the area and P &Z Chairperson Daniel Tunstall and Commission all agreed with Council
to oppose on the application.
Mayor Tom Reid adjourned the public hearing for Conditional Use Application No. 2016-04
at 7:25 p.m.
Mayor Tom Reid opened the public hearing for Zone Application No. 2016-03Z at 7:26 p.m.
PURPOSE OF HEARING
Zone Change Application No. 2016-03Z
A city initiated request for approval of a zone change in the recently annexed Area 2 (south
of Bailey Road between FM 1128/ and Veterans Road) from Suburban Development (SD)
' zoning district to General Business (GB) zoning district; on approximately 35.450 acres of
land.
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Page 3 of 6
Legal Description: Being four tracts of land, approximately 27.581 acres in Annexation
Area 2, identified as AO 549 H T & BRR tract 11A, Acres 7.635; LT 1 B 549 H T & B, Acres '
4.946; G.C. Smith LT 1 549 H T & B, Acres 5.000; and G.C. Smith LT2 549 H T & B, Acres
10.000.
General Location: near the Southeast corner of FM 1128/Manvei Road and Bailey Road,
Pearland, TX.
And, Legal Description: Being five tracts of land, approximately 7.869 acres in
Annexation Area 2, identified as A0549 H T & B R R Tract 21 B called Tract 1, Acres 2.200;
LT 2161 (called Tract 4) 550 H T & B, Acres 2.5; A0550 H T & B R R, Tract 21D, Acres
2.5; A0550 H T& B R R Tract 21, Acres 0.789; A0550 H T& B R R Tract
21 E, Acres 2.25.
General Location: Southwest corner of Bailey Road and Veterans Road,
P&Z Chairperson Daniel Tunstall read into the record Zone Change Application No. 2016-
03Z.
APPLICATION INFORMATION AND CASE SUMMARY
City Planner Frankie Legaux read the staff report and showed the exhibits of the maps,
aerials, and posting of signs for the subject property. Staff recommended approval for the
city initiated request. '
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
Councilmember Greg Hill requested clarity on the present zoning for Joseph's Nursery and
expressed his concerns that some businesses would be changed to non-conformant. City
Planner Frankie Legaux explained the second part of the annexation, future land use map
and the conformant of existing businesses. Community Development Director Lata
Krishnarao informed of the rezoning mail outs to residents and businesses. Councilmember
Keith Ordeneaux questioned the business nodes and zoning of General Business or
Residential. Councilmember Tony Carbone commented he would prefer that businesses
would be conforming.
P&Z Vice -Chairperson Thomas Duncan inquired the reason for the small corner of the
property not being rezoned. Community Development Director Lata Krishnarao explained
the land use survey.
One comment form was received by mail showing in favor of the Zone Change Application
No. 2016-03Z from Margot G. Goff, 16803 Wellborn Road, Pearland TX.
Mayor Tom Reid adjourned the public hearing for Conditional Use Application No. 2016- ,
03Z at 7:43 p.m.
Mayor Tom Reid opened the public hearing for Zone Application No. 2016-04Z at 7:44 p.m.
JPH Minutes—March 21, 2016
Page 4 of 6
PURPOSE OF HEARING
Zone Change Application No. 2016-04Z
A request of the City of Pearland, for approval of a change in zoning designation from
Suburban Development District (SD) to Suburban Residential - 15 (SR -15).
Legal Description: 213 ACRES MORE OR LESS OUT OF KANAWHA-TEXAS COMPANY
SUBDIVISION, PARTS OF SECTIONS 18 AND 22, GEORGE C. SMITH SURVEY,
ABSTRACT 547 AND ABSTRACT 548 BRAZORIA COUNTY, TEXAS.
And, Legal Description: 230 ACRES MORE OR LESS OUT OF LOTS 1, 2, 11, 21,
31, 41 AND 51, SECTION 24, GEORGE C. SMITH SURVEY ABSTRACT 549 AND
LOTS 1, 11, 21, 31, 41 AND 51, SECTION 25 H.T. & B. R.R. COMPANY SURVEY,
ABSTRACT 245 AND LOTS 1, 11 AND 21, SECTION 26 GEORGE C. SMITH SURVEY,
ABSTRACT 550, BRAZORIA COUNTY, TEXAS.
SAVE AND EXCEPT 35.450 acres of land, to wit:
Legal Description: Four lots, consisting of approximately 27.581 acres in Annexation Area
2, identified as AO 549 H T & B R R, Tract 11A, Acres 7.635; LT 1 B 549 H T & B, Acres
4.946; G.C. Smith LT 1 549 H T & B, Acres 5.000; and G.C. Smith LT 2 549 H T & B, Acres
10.000.
' General Location: near the Southeast corner of FM 1128/Manvel Road and Bailey Road,
Pearland, TX.
And, five lots, consisting of approximately 7.869 acres in Annexation Area 2, identified as
A0549 H T & B R R Tract 21 B called Tract 1, Acres 2.200; LT 21B1 (called Tract
4) 550 H T & B, Acres 2.5; A0550 H T & B R R, Tract 21 D, Acres 2.5; A0550 H T & B R R
Tract 21, Acres 0.789; A0550 H T & B R R Tract 21 E, Acres 2.25.
General Location: Southwest corner of Bailey Road and Veterans Road.
P&Z Chairperson Daniel Tunstall read into the record Zone Change Application No. 2016-
04Z.
APPLICATION INFORMATION AND CASE SUMMARY
City Planner Frankie Legaux read the staff report and showed the exhibits of the maps,
aerials, and posting of signs for the subject property. Staff recommended approval for the
city initiated request.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
The following person was in favor of the zone change from SD to SR -15:
' Jane Deford, 5617 Bailey Road - In favor of
The following people were opposed to the zone change from SO to SR -15 due to concerns
that the property values would be effected, General Business Zoning would be preferred
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Page 5 of 6
and that subject area has always been unrestricted and a 40 year resident would like to see
that it stays that way:
Jeff Girourd, 5210 Bailey Road — Opposed
C.A. Stevens, 3820 FM 1128 — Opposed
Beverly Childs, 5134 Bailey Road - Opposed
Mayor Tom Reid made an inquiry as to how the zoning transition could be made easier,
Community Development Director Lata Krishnarao explained the dilemma of there being
seven non -conforming properties and five properties being residential in area one.
Councilmember Keith Ordeneaux commented that he would rather see General Business
zoning for future commercial uses. Councilmember Greg Hill asked about zoning South of
Bailey Road. Community Development Director Lata Krishnarao informed that the rezoning
was considered and Staff would be willing to look into other options. Councilmember Derrick
Reed asked if the properties could be considered for spot zoning. City Attorney Darrin Coker
explained the difficulties in spot zoning from a zoning perspective and the reason a Land
Use Plan comes to place.
Mayor Tom Reid adjourned the public hearing for Conditional Use Application No. 2016-
04Z at 8:22 p.m.
These minutes are respectfully submitted by:
a& ate- 1
Alma Go ales, Office Assistant
Minutes approved as submitted on this 271" day of February, 2017
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Mayor Tom Reid
JPH Minutes — March 21, 2016
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