2017-11-06 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
MONDAY NOVEMBER 06, 2017 AT 6:30 P.M., IN THE SECOND FLOOR TRAINING
ROOM — PUBLIC SAFETY BUILDING — 2555 CULLEN PARKWAY
CALL TO ORDER
Mayor Tom Reid opened a series of public hearings at 6:30 p.m.
The following were present:
Mayor Tom Reid
Council Member Tony Carbone
Council Member Gary Moore
Council Member David Little
Council Member Trent Perez
Council Member Keith Ordeneaux
Council Member Woody Owens
Council Member Derrick Reed
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Derrell Isenberg
P&Z Commissioner Mary Starr
P&Z Commissioner David Selsky
P&Z Commissioner Troy Pradia
Also present were Deputy City Manager Jon Branson, City Attorney Darrin Coker, Deputy
City Attorney Lawrence Provins, City Planner Jimontanae McBride, Senior Planner Martin
Griggs, Associate Planner Vince Hustead, Planner Armon Irones, Planning Technician
Samin Bazargan, Director of Engineering Robert Upton, Assistant Director of Engineering
Raj Shrestha, Associate Engineer Matt Brown and Office Assistant Alma Gonzales
Mayor Tom Reid opened the public hearing for Zone Change Application No. ZONE 17-
00018 at 6:30 p.m.
Senior Planner Martin Griggs explained the order of agenda and the format of the hearing.
P&Z Chairperson Daniel Tunstall read into record the request for the Zone Change
Application No. Zone 17-00018
PURPOSE OF HEARING
Zone Change Application No. ZONE 17-00018
A request of Shan Patel, applicant, on behalf of Kirby/59 Partners II LP represented by
Kirk Laguarta, owner; for approval of a change in zoning from an Office Park (OP) to a
General Business (GB) zoning district; on approximately 2.1367 acres of land.
Legal Description:
Being 2.197 acres of land located in the H.T. & B. R.R. Company Survey, Section 81,
Abstract Number 300, Brazoria County, Texas, being the residue of a called 2.21 acre
tract conveyed to Kirby/59 Partners II L.P. by an instrument of record in Document
Number 2007060968 of the Official Records of said Brazoria County, Texas
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]PH Minutes — November 06, 2017
(B.C.O.R.).
General Location: Northeast corner of CR 59 and Kirby, Pearland, TX
APPLICATION INFORMATION AND CASE SUMMARY
Planning Technician Samin Bazargan presented the staff report and exhibits. Ms. Bazargan
informed that there were two notices received in opposition of the request and one that was
in favor. Staff recommended approval of the requested change in zoning on the
approximately 2.14 acre site for the following reasons:
1. The proposed zoning map amendment from OP to GB does implement the policies of
the adopted Comprehensive Plan for a minor retail node allowing additional retail, office,
and services uses to the surrounding area.
2. The increased commercial opportunities of uses permitted by the change in zoning district
classification to GB and the standards applicable to such uses would be appropriately
buffered by the land development regulations contained within the UDC for the existing
residential uses and would be appropriate in the immediate area of the land to be
reclassified.
3. The proposed change to GB zoning is in accord with existing or proposed plans for
providing public schools, streets, water supply, sanitary sewers, and other public services
and utilities to the area. CR 59 and Kirby Drive has recently been expanded to handle
additional traffic volumes.
4. The proposed change in zoning to GB would not substantially affect the public health,
safety, morals, or general welfare.
Applicant Attorney Omar Izfar, 2500 Fannin St., Houston TX 77002 made a brief
presentation and was available for questions and comments.
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
COUNCILIPLANNING COMMISSION/STAFF DISCUSSION
Councilmember Tony Carbone inquired on the buffer or setback between the residential
north sides, Senior Planner Martin Griggs informed that the property line should a butte to
the residential property line. Mr. Carbone asked about a recent CUP for the NS zoned area,
a section on the said property, Mr. Griggs agreed that there was a recent CUP. Mr. Carbone
asked if there were reasons stated from the two opposition forms received. Mr. Griggs
informed one comment stated that the resident preferred to have it stay zoned as an office
and professional district and the second comment form did not state the reason for
opposing. Councilmember Gary Moore had concerns on the lighting and wants to make
sure that it will not illuminate into the residential areas. Councilmember Trent Perez
commented on jumping from OP zoning to GB zoning and asked the applicant if the owner
would be marketing the piece of land for different uses or if it would be a specific use.
Applicant attorney Omar Izfar explained that there were no concrete plans but would like to
a site for sit down restaurants or a quick serve restaurant as allowed in a GB area.
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IPH Minutes—November 06, 2017
Mr. Perez did not think that OP was not appropriate but okay with GB zoning.
Councilmember Woody Owens did not see or have a problem with the zone request.
P&Z Commissioner Thomas Duncan had concerns with the buffer requirements and asked
Staff if he could get the standard residential buffer requirements, Mr. Griggs explained the
requirement would be a 25 foot buffer, a 6 foot masonry wall or a 30 foot buffer with no wall
and landscape standards. P&Z Commissioner David Selsky made comments on the
previous zoning and CUPS involving the lighting and buffers and was not inclined to
recommend to Council a GB approval but would recommend NS. Mr. Izfar explained the
plans for lighting on the site. Mr. Duncan expressed his concerns with allowing GB and
future businesses. P&Z Chairperson Daniel Tunstall concerns were with allowing GB and
the effect the future land uses would bring to the residents. Mr. Tunstall thinks NS zoning
would be a better ft. Councilmember Trent Perez commented does Council and the P&Z
Commission want to allow restaurants in the zoning by right or allow them with a CUP.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17-
00018 @ 6:56 p.m.
These minutes are respectfully submitted by,
Alma
AlGonz s, ice Assistant
Minutes approved as submitted on this a %t� day of NOkle,,P I e_l- , 2017 A.D.
C_—U6/Yt2 'd
Mayor Tom Reid
JPH Minutes -November 06, 2017
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