2016-06-20 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
JUNE 20, 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:
Mayor Tom Reid
P&Z Chairperson Daniel Tunstall
Mayor Pro Tem Tony Carbone
P&Z Vice -Chairperson Thomas Duncan
Council Member Keith Ordeneaux
P&Z Commissioner Mary Starr
Council Member Derrick Reed
P&Z Commissioner Derrell Isenberg
Council Member Gary Moore
P&Z Commissioner Troy Pradia
Also present were City Attorney Darrin Coker, Director of Community Development Lata
Krishnarao, City Planner Frankie Legaux, Senior Planner Martin Griggs, Assistant Director
of Engineering Richard Mancilla and Office Supervisor Judy Brown.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16-
00005 @ 6:36 p.m.
P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record.
Zone Change Application No. Zone 16-00005
A request of Beverly Childs, owner/applicant; for approval of a change in zoning from the
Suburban Development (SD) zoning district to the Office & Professional zoning district; on
approximately 4.1919 acres of land.
Legal Description: Being a tract of land containing 4.1919 acres of land out of Lot Forty -
One (41), Section 25, H.T. & B. R.R .Company Survey, Abstract 245, Brazoria County,
Texas, and being designated on the Block Books of Brazoria County, Texas of Section 25
and being a part of the same land described in Deed from C. W. Boots, at. ux. to Joe H.
Reeder, by Deed dated June 22, 1959, recorded in Volume 744, Page 457, Deed Records,
Brazoria County, Texas, Less, Save and Except a 20.00 foot strip along the North side
reserved in Deed recorded in Volume 116, Page 581, Deed Records, Brazoria County,
Texas, and lying in the road.
' General Location: 5134 Bailey Road.
JPH Minutes of June 20, 2016
Page 1 of 7
APPLICATION INFORMATION AND CASE SUMMARY
City Planner Frankie Legaux read the staff report stating the property was annexed into the '
city in December 2015 with an existing child daycare business on the property. Staff did
not receive any public comment forms in favor or denial of the zone change. Staff
recommended approval of the Office Professional (OP) zone, as it is the least intensive
zone.
The applicantlowner Ms. Beverly Childs of 5134 Bailey Rd spoke on behalf of her childcare
facility'A Place To Grow' stating it has been at this location for 24 years.
There was no staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
There was no present to speak.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Council Member Gary Moore thank the applicant.
Council Member Derrick Reed stated he had no issues with the zone change
Mayor Pro Tem Tony Carbone stated he was in favor and thanked staff. '
Mayor Tom Reid added that the business looks nice plus they are getting road
improvements.
Council Member Keith Ordeneaux agree with all the other comments.
There were no comments from the P&Z Commission
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 16-
00005 @ 6:44 p.m.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Conditional Use Application no. CUP 16-
00004 @ 6:454p.m.
P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record.
Conditional Use Permit Application No. CUP 16-00004
A request of Beverly Childs, owner/applicant; for approval of a Conditional Use Permit to '
allow for a Child Day Care Center (Business) in the Office & Professional zoning district; on
approximately 4.1919 acres of land.
JPH Minutes of June 20, 2016
Page 2 of 7
Legal Description: Being a tract of land containing 4.1919 acres of land out of Lot Forty -
One (41), Section 25, H.T. & B. R.R .Company Survey, Abstract 245, Brazoria County,
' Texas, and being designated on the Block Books of Brazoria County, Texas of Section 25
and being a part of the same land described in Deed from C. W. Boots, et. ux. to Joe H.
Reeder, by Deed dated June 22, 1959, recorded in Volume 744, Page 457, Deed Records,
Brazoria County, Texas, Less, Save and Except a 20.00 foot strip along the North side
reserved in Deed recorded in Volume 116, Page 581, Deed Records, Brazoria County,
Texas, and lying in the road.
General Location: 5134 Bailey Road
APPLICATION INFORMATION AND CASE SUMMARY
City Planner Frankie Legaux read the staff report stating the property was annexed in
December 2015, and the owner was requesting a Conditional Use Permit to continue the
current business of child day care center within the OP zoning district.
Ms. Beverly Childs stated the daycare is always kept in nice condition for the 284 children,
with no intention to expand.
There were no staff wrap up.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
' There was no one to speak
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Council Member Keith Ordeneaux stated he was glad this was getting taken care of, and
thanked staff and the applicant.
Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit
Application No. CUP 16-00004 @ 6:50 p.m.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Zone Change Application No. CUP 16-
00004 @ 6:50 p.m.
P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record.
Zone Change Application No. CUP 16-00004
A request of Chad Thumann, R. West Development, applicant, on behalf of Patrick Tagtow,
' owner; for approval of a change in zoning from the Single Family Residential -1 (R-1) zoning
district to a Single Family Residential -3 (R-3) zoning district; on approximately 16.305 acres
of land.
JPH Minutes of June 20, 2016
Page 3 of 7
Legal Description: Being a 16.305 acre tract in Section 16 of the H.T. & B. RR Co. Survey,
Abstract 546, Brazoria County, Texas. Said tract is part of a 15 acre tract of land described
in a deed to Marvin Wayne Smith as recorded under Brazoria County Clerk's File No. 85197 ,
113, and part of a 3.00 acre tract described in a deed to Marvin Wayne Smith as recorded
under Brazoria County Clerk's File No. 85197 105.
General Location: 3546 & 3618 Harkey Road, Pearland, TX.
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs read the staff report stating the existing warehouse facing
Harkey is surrounded by the property currently zoned R-1. The applicant is requesting to
be zoned to R-3 with the intent of putting in 71 residential lots (60' wide). This is a reduction
from 80' wide in the R-1 zone district. Staff had not received any letters of opposition until
late Monday evening, prior to the public hearing, at which time staff received to comments
in opposition.
Staff does not recommend approval of the zone change from R-1 to R-3 for the following
reasons:
1) Due to reduction of lot sizes
2) 151 strategic priority of 2015 Comprehensive Plan calls for more diverse lot sizes
3) Would create identical lot sizes as Cypress Village I & II
4) Minimum 10 foot landscape reserve is required and will affect three sides of
property abutting M-1 Zone. '
Mr. Chad Thumann, applicant, spoke on behalf of the request stating they want to change
the zone from R1 to R-3 for the 60 acre tract. It is surrounded by R-3 zone, and wish to
conform to the Cypress Woods and be controlled by their HOA, as well as, incorporated
into their MUD 19 area, using same builder. Mr. Thumann added that staff recommended
a trail to Mary's Creek during the Pre Development and that this has been incorporated into
the site plan.
No staff wrap up.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Mr. Larry Marcott, 3606 Inverness Ct., Pearland, TX. 77581 spoke in opposition stating the
Comprehensive plan calls for larger lot sizes.
Mr. Randy Martin of 6115 Larrycrest Dr., Pearland, TX 77581 spoke in opposition and
expressed concern with regards to the eagles nest on the site.
COUNCIUPLANNING COMMISSION/STAFF DISCUSSION
Councilmember Gary Moore asked what zone is to the far west of the site. Senior Planner
Martin Griggs stated it was R-3 zone.
JPH Minutes of June 20, 2016
Page 4 of 7
Council Member Gary Moore asked what would happen to the eagle.
City Attorney Darrin Coker stated the eagle, nest and tree is protected by the US Fish and
' Wildlife. The owner would be required to handle this.
Council Member Derrick Reed asked the applicant who the builders would be. Mr.
Thumann replied that it would be same as Cypress Village builders — K Hovnanian and
Brighton Homes. Mr. Thumann also added that the Texas Parks and Wildlife abandoned
the eagles nest. There originally were two birds but they are no longer there. Council
Member Reed commented that if they were to zone to R-2, what reduction would there be.
Mr. Thumann stated 12 lots, costing approximately $10,000 per lot. Homes would be valued
at approximately $200,000 in the R-3 zone. Council Member Moore asked how many
homes proposed in the R-3 zone. Mr. Thumann replied 70 homes.
Mayor Pro Tem Tony Carbone stated the property is zoned for medium density residential
but he struggled with staff s opinion. Does not feel people will buy half -million dollar homes
next to R-3 zoned homes, and felt R-3 made more sense. He expressed concern with the
traffic on a two-way street being an issue.
Council Member Keith Ordeneaux stated he does not agree with the R-3 zone and felt R-1
does not fit, and was favor of R-2 zone. He added the question of where do we stop property
being built on when the city cannot sustain it.
Mayor Tom Reid stated he was not sure R-3 was the best fit.
' P&Z Chairperson Daniel Tunstall inquired if the M-1 business was still active, and then
commented that 16 homes would back to the M-1 property. He stated he was more in favor
of R-2 zoning with Parkland Dedication and a Planned Development.
P&Z Commissioner Derrell Isenberg stated that property is zoned R-3 to the north and south
with 60 foot lots, and that it would be tough to change this property. He agreed with Mayor
Pro Tem Tony Carbone.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. ZONE 16-
00004 @ 7:20 p.m.
Mayor Tom Reid noted that Zone Change Application No. ZONE 16-00003 was withdrawn
by the applicant prior to the meeting and would be postponed to the meeting on July 18,
2016.
Zone Change Application No. ZONE 16-00003
A request of R. West Development Company, owner/applicant; for approval of a change in
zoning from the General Business (GB) zoning district to a Single Family Residential -1
(R-1) zoning district; on approximately 5.0000 acres of land.
' Mayor Tom Reid opened the public hearing for 2015 Comprehensive Plan Amendment at
7:26 p.m.
JPH Minutes of June 20, 2016
Page 5 of 7
P&Z Chairperson Daniel Tunstall read into the record
2015 Comprehensive Plan Amendment '
A request of the City of Pearland for proposed amendment to the 2015 Comprehensive
Plan to include the SH 35 Redevelopment Plan.
APPLICATION INFORMATION AND CASE SUMMARY
PEDC President Matt Buchanan gave the staff report. He was followed by a PowerPoint
presentation by Ms. Ann Rickers of Ricker -Cunningham, focusing on:
• Purpose
• Study Area Boundaries
• Catalyst Concepts
1. Northern Gateway & Corridor Improvements
2. & 5. Business Parks North and South
3. Restaurant & Entertainment Destination and Main St. Buildings & Urban
Development
4. Old Town Esplanade and New Community on former Alvin Community
College Campus.
• Implementation
• Conclusion
Mr. Buchanan stated staff did not receive any public comments, and that staff
recommended approval. ,
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
There was no one present to speak.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Council Member Keith Ordeneaux stated overall, he liked the plan. Would like to see if the
city could possibly reduce impact fees to help potential development.
Mayor Tom Reid stated this could be a signature entrance into Pearland.
Mayor Pro Tem stated he liked that this was market based. Old Alvin Community College
is a good investment and inquired about funding.
Mr. Buchanan offered several comments:
• Tool Flo as an example and stated the city would work with them on the incentive
side.
• The Gateway entrances is being funded by PEDC.
• Restaurant and Entertainment is most popular project for the destination
• ACC would be a public/private project, but all would have to have investors '
JPH Minutes of June 20, 2016
Page 6 of 7
Mayor Pro Tem Tony Carbone asked how all of this interfaces with zoning.
Director of Community Development Lata Krishnarao state the importance of this being
'added to the Comprehensive Plan was to use it as a•guide for the future, a ten year plan
and work towards it. She gave examples such as street lamps on Kirby make such a
statement. So the city would look at street furniture and street lamps for this area.
Ms. Ann Rickers stated if it requires zoning, this will act as a guide for future zoning. Want
to keep it a business corridor.
Council Member Derrick Reed inquired if there was any conversation with regards to fly
over. Mr. Buchanan stated they did not pay much attention to it. Mr. Reed added that he
would like to see private financing. Council Member Gary Moore stated they need to start
at the ACC area with private investors, in the Old Town area.
Mr. Matt Buchanan stated they need to look at Highway 35 and Lower Kirby for business
development.
The P&Z Commission had no comment.
Mayor Tom Reid adjourned the public hearing for 2015 Comprehensive Plan at 8:20 p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of public hearings at 8:20 p.m.
' These minutes are respectfully submitted by:
Judy Brown,10fifice Supervisor
Minutes approved as submitted on this 20th day of March, 2017 A.D. .n
':Z m ✓ �
Mayor Tom Reid
1PH Minutes of June 20, 2016
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