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2012-01-16 JPH PLANNING AND ZONING COMMISSION MEETING AGENDA MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD JANUARY 16, 2012 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Mayor Tom Reid and P&Z Chairperson Jerry Koza, Jr. opened the series of public hearings to order at 6:56 p.m. with the following present: Mayor Tom Reid P&Z Chairperson Jerry Koza, Jr. Mayor Pro Tern Ed Thompson P&Z Vice-Chairperson Richard Golden Council Member Susan Sherrouse P&Z Commissioner Sheila Fischer Council Member Scott Sherman P&Z Commissioner Henry Fuertes Council Member Woody Owens P&Z Commissioner Neil West P&Z Commissioner Phil Cessac Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge, Assistant City Manager Jon Branson, City Manager Bill Eisen, Senior Planner Harold Ellis, Planning Director Lata Krishnarao, and Planning Office Coordinator Judy (Krajca) Brown. Senior Planner Harold Ellis explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission meeting would immediately follow the Joint Public Hearing. Mayor Tom Reid called to order the Public Hearing for Zone Change Application No. 2012-01Z at 6:58 p.m. NEW BUSINESS ZONE CHANGE NO. 2012-01Z A request of Sherry L. Stockwell-Tarrer, applicant, on behalf of Emil J. Hrbacek, owner, for approval of a zone change from the Single-Family Residential-1 (R-1) zone to General Business (GB) zone for 2.261 acres on the following described property, to wit: Legal Description: Boundary Survey 188' X 523.9', West 1/2 of lot 48, Allison Richey Gulf Coast Home Company Survey, Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas General Location: 8013 W. Broadway, Pearland, TX P&Z Commissioner Jerry Koza, Jr. read the purpose of the hearing. JPH Minutes 01/16/2012 Page 1 of 5 Senior Planner Harold Ellis read the staff report stating the applicant was seeking a t zone change in order to sell the property as commercial use and that the surrounding property was zoned commercial use. The applicant was present but did not speak. P&Z Commissioner Neil West asked about the transition of zoning, and Senior Planner Harold Ellis stated the Future Land Use Plan showed the area as General Business (GB) zone. Council Member Scott Sherman asked if any of the neighbors expressed concern and Senior Planner Harold Ellis replied no. Council Member Woody Owens inquired about the Future Land Use Plan to GB zone. Planning Director Lata Krishnarao stated it was up to each owner to apply for a zone change. Mayor Tom Reid adjourned the Public Hearing for Zone Change Application No. 2012- 01Z at 7:08 p.m. Mayor Tom Reid called to order the Public Hearing for Zone Change Application No. 2012-02Z at 7:09 p.m. ZONE CHANGE NO. 2012-02Z A request of J. Kent Marsh, applicant, on behalf of Tom Alexander, Jr., owner, for approval of a zone change from the General Business (GB) zone to Single-Family Residential-3 (R-3) zone for 20.992 acres on the following described property, to wit: Legal Description: 20.992 acre tract in the W.D.C. Hall Survey, Abstract No. 70 in the City of Pearland, Brazoria County, Texas. Said 20.992 is a part of a 36.685 acre tract described in a deed to T & R Realty investment, LLC as recorded in Clerk's File No. 2011028636 General Location: 2411 E. Broadway, Pearland, TX P&Z Commissioner Jerry Koza, Jr. read the purpose of the hearing. Senior Planner Harold Ellis read the staff report stating the applicant was seeking a zone change to Single Family Residential. Mr. Kent Marsh of 8955 Katy Freeway Suite 215 Houston Texas 77024 was present, along with the owner Mr. Tom Alexander, and stated the owner was looking to build a single family home. Mr. Marsh also commended staff for the work with the owner and applicant. JPH Minutes 01/16/2012 Page 2 of 5 P&Z Commissioner Henry Fuertes inquired where the access to the property would be. Mr. Marsh stated they had a Pre-Development meeting with a proposal to replat a portion of a lot to General Business on FM 518 for the driveway. Council Member Ed Thompson inquired about the property being in the flood zone. Mr. Tom Alexander stated approximately 4-5 acres was in the flood way, which cannot be built on, but they can build in the flood plain. Mayor Tom Reid adjourned the Public Hearing for Zone Change Application No. 2012- 02Z at 7:19 p.m. Mayor Tom Reid called to order the Public Hearing for Zone Change Application No. 2012-03Z at 7:19 p.m. ZONE CHANGE NO. 2012-03Z A request of Louis McKinney, applicant, on behalf of Janice and Bonnie Howard, owner(s), for approval of a zone change from the Planned Development (PD), General Business (GB), Cullen Mixed-Use (C/MU), Single-Family Residential-3 (R-3) and Suburban Residential-12 (SR-12) zone(s) to Planned Development (PD) zone for 133.6907 acres on the following described property, to wit: Legal Descriptions: Houston Memorial Gardens Cemetery Sections 34, 35, 36, 37, 38, 39, 40, A perpetual care cemetery containing 9.982 acres and being a partial replat the amended plat of Paradise Cemetery South, Volume 16, Page 275-276, B.C.P.R. and being in lot 28, of the Allison Richey Gulf Coast Home Company Subdivision, Vol 20, Pg. 67-68, P.R.B.C. out of the H.T. & B.R.R. CO. Survey, Sec. 19, A-243 Brazoria County, Texas; Final Plat of Houston Memorial Gardens Cemetery, a 20.0737 acre tract of land being lots 13 and 29, and part of lot 12, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, and being situated in the H.T.& B.R.R. Company Survey, Abstract 243, Brazoria County, Texas; Boundary survey of a 8.434 acre tract out of Section 19, H.T. & B.R.R. Survey, A-243, Brazoria County, Texas; Partial Replat of Houston Memorial Garden Cemetery, being a 57.231 acre tract of land, all of tracts 41, 42, 55, 56, 57, & 58 in the Allison Richey Gulf Coast Home Subdivision, as recorded in Plat Book 2, Page(s) 24, of the Brazoria County Plat Records, located in the H.T. & B. Company Survey, Section 20, Abstract No. 506 in Brazoria County, Texas; Boundary survey of a 19.97 acre tract out of Section 19, H T & B RR Survey, A-243, Brazoria County, Texas; JPH Minutes 01/16/2012 Page 3 of 5 Lot 44 (10 ac) of the Allison-Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 23 of the plat records of Brazoria County, Texas; The North 1/2 of Lot 28 (5ac) of Allison Richey Subdivision out of Section 20, H.T. & B.R.R. Company Survey, Abstract No. 506, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 23, of the plat records of Brazoria County, Texas; A0506 H T & B R R Co Survey, Tract 54A1, F B Drake, 3.000 Acres. General Location: 2426 Cullen, Pearland, TX Houston Memorial Gardens Cemetery P&Z Commissioner Jerry Koza, Jr. read the purpose of the hearing. Senior Planner Harold Ellis read the staff report stating the applicant wanted to amend the existing Planned Development (PD) for the entire 133.6907 acres. Applicant Janice Howard spoke stating they wanted to simplify their records. Mrs. Howard also thanked staff for recommending this to them. o'' Ms. Laurie Milligen of 1355 King Fisher Court South, Pearland Texas 77584 inquired what would happen when the land, located behind her, was rezoned. Mr. Emanuel Guerrero of 2513 Sunfire Lane Pearland Texas 77584 expressed concern with what would go in behind his house. Council Member Susan Sherrouse asked the P&Z Commission to address the questions during the P&Z Regular Meeting. Mayor Tom Reid adjourned the Public Hearing for Zone Change Application No. 2012- 03Z at 7:36 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of Public Hearings at 7:36 p.m. These minutes are respectfully submitted by: Judy (Krajca) Brown, Planning Office Coordinator JPH Minutes 01/16/2012 Page 4 of 5 Minutes approved as submitted and/or corrected on this 27th day of February 2012, A.D. Mayor Tom Reid JPH Minutes 01/16/2012 Page 5 of 5