2017-03-20 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
MARCH 20, 2017 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 7:12 p.m.
The following were present:
Mayor Tom Reid
Council Member Tony Carbone
Council Member Gary Moore
Council Member Greg Hill
Council Member Trent Perez
Council Member Keith Ordeneaux
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Ginger McFadden
P&Z Commissioner Mary Starr
P&Z Commissioner Troy Pradia
P&Z Commissioner Derrell Isenberg
Also present were City Attorney Darrin Coker, Director of Community Development Lata
Krishnarao, City Planner Jimontanae McBride, Senior Planner Martin Griggs, Director of
Engineering Robert Upton, Associate Engineer Matt Brown and Office Assistant Alma
' Gonzales.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17-
00001 @ 7:12 p.m.
P&Z Chairperson Daniel Tunstall read into record the request for Zone Change Application
No. Zone 17-00001.
Zone Change Application No. ZONE 17-00001
A request of Mima Fernandez of WGA, applicant, on behalf of Martin Harrison, owner; for
approval of a change in zoning from the Spectrum District Sub -district 5 (S5) zoning to a
Light Industrial (M-1) zoning district; on approximately 4.949 acres of land.
Legal Description: The east 224.54 feet of Lot twenty-two (22), and the adjoining East
224.54 feet of North 330.0 feet of Lot Thirty (30), Orchard Ridge Subdivision, a subdivision
in Harris County, Texas, according to the map or plat thereof, recorded in Volume 64, Page
7, Deed Records of Harris County, Texas.
1 General Location: 324 Riley Road, Pearland, TX.
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JPH MINUTES -MARCH 20, 2017
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs presented the exhibits and reported that one comment form
in favor of the zone change was received. Staff recommended approval of the requested
change in zoning from S5 to M-1 on the approximately 4.949 acre site for the following
reasons:
1. The proposed zoning of M-1 on the subject property is not in conformance with the
future land use designation of the Comprehensive Plan, however it is compatible with
the existing development that has taken place on the site.
2. The Intensity and scale of the proposed project is not compatible with the desired
character of the Spectrum District and recent development in the area along Kirby
Drive. However, this parcel and the adjoining parcel zoned M-1, under the same
ownership, are located at the western boundary of the S5 district and will be similar
in nature to the adjoining industrial areas located west of Almeda School Road.
3. Rezoning the subject property would create a cohesive development under a single
owner whereby a more unified industrial development could occur, since the existing
zoning of the larger tract to the west would already allow this type of activity by right.
4. The proposed rezoning will encourage reuse of an existing building on site, and bring
the building into conformance with the current building and fire codes.
5. The parcel is surrounded by M-1 zoned parcels on two sides and the rezoning would
be compatible to adjacent parcels.
The Applicant, Mime Fernandez, 2500 Tanglewilde, Houston, TX 77084, gave a brief '
presentation and would be available for questions and comments.
No Staff Wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
Reid Settlemier, VP for Biggie Crain Rigging Company, 2080 Mountain Blvd., #107,
Oakland, CA. Mr. Settlemier briefly informed Council and P8Z Commissioners that his
company were looking forward to moving their headquarters to Pearland at said location
and would create numerous jobs if zone change was approved.
COUNCIUPLANNING COMMISSION/STAFF DISCUSSION
Councilmember Trent Perez disclosed that he had been a former employee of WGA, but
did not have any prior involvement with the applicant's case. Mr. Perez requested from the
applicant or engineer a clarification as to what the future land use would become and if the
need for a zone change was due to a change of occupancy or looking to do substantial
renovations. Mr. Settlemier answered the at this time they would be using the property as
is and explained the property allowed them for room to grow in the future. Mr. Perez '
mentioned that utilities were not available and if the applicant would be investing in utilities.
Mr. Settlemier was aware and were planning to make the utilities investment.
Councilmember Greg Hill was in favor of zone change and glad to hear water would be
installed for sprinklers. Mr. Perez inquired to staff if in the future would the zone change
JPH MINUTES -MARCH 20, 2017
place any further challenges for anyone who wanted to reuse the existing facilities.
Community Development Director Lata Krishnarao explained the re-evaluation of
development standards.
P&Z Chairperson Daniel Tunstall felt that the industrial zone change made sense for the
area and was in support of the zone change.
Mrs. Krishnarao informed that staff had been working with developer and pre -development
meetings had been scheduled which included the Fire Marshall to discuss the utilities issues
and that the adjoining building's certificate of occupancy had been signed off and almost
complete to be moved in soon.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17-
00001 @ 7:34 p.m.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17-
00003 @ 7:34 p.m.
P8Z Chairperson Daniel Tunstall read into record the request for Zone Change Application
No. Zone 17-00003.
Zone Change Application No. ZONE 17-00003
A request of Chris Bick of Kimley-Horn, applicant, on behalf of Matt Pasternak, president of
Pasternak Management, Inc., manager of 313 Acre Pearland Joint Venture, owner; for
approval of a change in zoning from the Single -Family Residential -1 (R-1) zoning to a
General Business (GB) zoning district; on approximately 5.9316 acres of land.
Legal Description: Being a tract or parcel containing 5.9316 acres (258,382 square feet)
of land situated in the W.D.C. Hall Survey, Abstract Number 70, Brazoria County, Texas;
being out of and a part of the 16.835 acre remainder portion of that certain called 297.58
acre tract conveyed to Aaron Pasternak, Trustee by deed recorded in Volume 1023, Page
297 Brazoria County Deed Records (B.C.D.R.), Brazoria County, Texas.
General Location: Southeast comer of Liberty Drive and East Broadway Street, Pearland,
TX.
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs presented the exhibits and reported three telephone calls
were received and that Staff does recommend approval of the requested change in zoning
from R-1 to GB on the approximately 5.9316 acre site for the following reasons:
1. The R-1 zoned portion of the property is not in conformance with the Future Land
Use Plan (FLUP) which designates the parcel for Retail, Offices and Services. The
' proposed zoning of GB on the subject property would be in conformance with the
future land use designation of the Comprehensive Plan.
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1PH MINUTES -MARCH 20, 2017
2. This subject property 5.9316 is part of a larger 16.835 acre parcel, of which remaining
area is zoned GB. Rezoning this portion would make a cohesively developable
property. '
3. Frontage on Liberty Drive, a Major Collector, and adjacency to non-residential uses
renders the parcel improbable for single family -residential development that would
be permitted by the current zoning.
4. The uses permitted by the proposed zoning district will be compatible to the existing
non-residential uses around the subject parcel.
Brian Gillis with Kimley-Horn, applicant, 11700 Katy Freeway, Houston, TX 77079, gave a
brief presentation and would be available for comments and questions.
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
Matt and Dena Hanks, 2314 Fairway Circle, Pearland, TX 77581, Shadycrest parents were
not against zone change but would like to see the developer build a separation wall to
protect from detention pond. Mrs. Hanks is the PTA President for Shadycrest and informed
that many parents had concerns as well. Woody Owens, 2117 Country Club Dr., Pearland,
TX 77581, was not in favor of zone change, Mr. Owen's concerns were having a packaged
liquor store in the location and felt that traffic would be impacted with having a grocery store
in that location. John Cavanaugh, 2127 Country Club Dr., Pearland, TX 77581 was not in '
favor of the zone change due to the traffic impact and strain, he informed that four other
grocery stores currently exist within 1.4 miles of each other and felt that if a grocery store
chain fails it becomes an eyesore to the community.
COUNCIUPLANNING COMMISSIOWSTAFF DISCUSSION
Councilmember Tony Carbone requested clarification of the UDC separation requirements.
Senior Planner Martin Griggs informed that all property that's either zoned residential or
residential use and any commercial development that would abutte those areas would
require a either a six foot masonry wall with a 25ft buffer or a 30ft buffer with landscaping.
Mr. Carbone asked the applicant their plans in regards to setbacks and fence. Mr. Gillis
gave explanation no plans other than the re -zone area would have a detention basin. Mr.
Griggs added that the 30ft buffer would be the requirements for the zoning. In regards to
the traffic concerns, Mr. Carbone asked If a traffic impact analysis would be required. Mr.
Griggs explained it possibly would be required at the platting of property or during permitting
process. Director of Engineering Robert Upton confirmed that a TIA would be required.
Councilmember Gary Moore made the comment that he would like to see some type of wall
or fencing because of the residents and parents' concerns. Mayor Tom Reid expressed his
concerns with liquor sales near a school and the traffic challenges. Mayor Reid felt the TIA
requirement would help understand those concerns better. Councilmember Keith
Ordeneaux was in favor of the zone change, explained development should be allowed in '
an R1 zone, commented on the liquor sales from property line to property line and not door
to door to the existing school. Mr. Ordeneaux fully supports the rights of private residents,
private land owners and businesses. Councilmember Greg Hill explained the Costco
development included the sale of liquor once it was voted yes by the public. Mr. Hill
JPH MINUTES -MARCH 20, 2017
concerns were the location of the detention pond and whether the pond would be dry or
wet. Mr. Gillis gave an explanation of the location of the dry detention pond. Mr. Hill
' suggested to the applicant to work the fence issue out with staff and to keep open minded.
Councilmember Trent Perez had concerns with what the applicant has proposed and what
will be built. Mr. Perez was unsure if he was in favor of the zone change or not in favor.
P&Z Commissioner Derrell Isenberg felt very strongly that a fence must be built and was
unsure if he was in favor of the zone change or not in favor. P&Z Chairperson Daniel
Tunstall asked the applicant If an existing fence was in place. Mr. Gillis answered he
believed there was a chain link fence existing. Mr. Tunstall concerns were the detention
pond safety, what would be the best uses for this property, possibly GB. Mr. Tunstall would
lean for the zone change with the developer having a couple of other options which could
be a PD or a cluster development. Mr. Tunstall would like to see the zone change go through
as long as the developer be a good citizen and build the detention and fencing.
Councilmember Tony Carbone added a final comment regarding the building of the fence.
Mayor Tom Reid adjourned the public hearing for the Zone Change Application No. Zone
17-00003 @ 8:26 p.m.
These minutes are respectfully submitted by:
Alma Gon2Wes, OJAce Assistant
Minutes approved as submitted on this 1011 day of April, 2017 A.D.
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Mayor Tom Reid
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1PH MINUTES -MARCH 20, 2017
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