2014-06-16 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, MONDAY,
JUNE 16, 2014, AT 6:30 P.M., COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
Mayor Torn Reid and P&Z Chairperson Henry Fuertes opened a series of public
hearings for the City Council and P&Z Commission at 6:34 p.m.
In attendance were:
Mayor Torn Reid P&Z Chairperson Henry Fuertes
Mayor Pro Tern Keith Ordeneaux P&Z Vice Chairperson Mary Starr
Council Member Tony Carbone P&Z Member Elizabeth McLane
Council Member Greg Hill P&Z Member Derrick Reed
Council Member Scott Sherman P&Z Member Linda Cowles
Council Member Gary Moore P&Z Member Daniel Tunstall
P&Z Member Ginger McFadden
Also in attendance were City Planner Johnna Matthews, City Attorney Darrin Coker,
Assistant City Manager Jon Branson, City Manager Clay Pearson and Office Supervisor
Judy Brown.
City Planner Johnna Matthews read the public hearing process.
Mayor Torn Reid opened the public hearing for Zone Change No. 2014-7Z at 6:38 p.m.
ZONE CHANGE APPLICATION NO. 2014-07Z
LJA Engineering, applicant; on behalf of Robert Alexander, owner; for approval of a
change in zoning from Office and Professional (OP), General Business (GB) and Single
Family Residential 2 (R-2) to General Business (GB) on approximately 26.5 acres of
land, to wit:
Legal Description: Being 26.524 acres of land located in the Thomas J. Green
Survey, Abstract No. 198, Brazoria County, Texas, more particularly being a portion of
the residue of that certain called 140.6899 acre tract conveyed to Martha Alexander
Crouch by instrument of record in Volume 1595, Page 422 of the Deed Records of said
Brazoria County (B.C.D.R.) and a portion of the residue of that certain called 172.0566
acre tract conveyed to Robert L. Alexander by instrument of record in Volume 1725,
Page 193 (B.C.D.R.), Brazoria County, Texas
Minutes of the
Joint Public Hearing
June 16, 2014
Page 1 of 7
General Location: Southeast corner of Pearland Parkway and Barry Rose Road,
Pearland, TX
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record and
clarified the site was located in the southwest corner of Pearland Parkway and Barry
Rose Road.
City Planner Johnna Matthews read the staff report stating the applicant was seeking a
zone change of approximately 26.5 acres for zoning district General Business (GB).
Staff discussed a Planned Development (PD) with the applicant as a zoning alternative
that would facilitate development of this site as per the applicants desires, while
addressing concerns of non-conforming uses in close proximity to single family
residential development. The applicant originally presented a Planned Development
(PD) zoning district, but later changed it to General Business (GB). Staff was unable to
recommend approval of the zone change to GB as it did not meet the future land use
plan. Ms. Matthews also discussed that Westminister would extend to Barry Rose, per
the Thoroughfare Plan.
Staff received three notices in opposition.
Mr. Greg Patch, LJA Engineering, 2929 Briarpark, Suite 600, Houston Texas spoke of a
proposed grocery store with tenant pad sites. Mr. Patch stated they originally planned
to rezone all of the property as a PD, but after discussion with the owner and with the
church that had a portion already zoned PD, they chose to rezone the property to
General Business (GB). Mr. Patch stated he did have several site plan drawings
available to view.
City Planner Johnna Matthews stated it was the goal of the city to have the
Comprehensive Plan match the zoning.
Mr. Anselmo Lozano of 3213 London Court, Pearland Texas spoke with regards to
extending Westminister to Pearland Parkway and was in favor of the zone change.
Mr. Doug Marcontell of 3209 London Court, Pearland Texas spoke with regards to
relieving traffic on London Court and would welcome a grocery store. He added that a
commercial business would increase traffic on London Court.
Mr. Steve Kenney of 2116 Tower Bridge, Pearland Texas spoke of concerns with
property values decreasing and traffic on the Dawn Street cut out. He would like to see
a fair market study done for every development in order to keep neighbors informed.
Ms. Sandra King, 2008 Tower Bridge, Pearland, Texas stated she backed up directly
behind the proposed zone change and was concerned with noise, traffic, lights and
drainage.
Minutes of the
Joint Public Hearing
June 16, 2014
Page 2 of 7
Council Member Greg Hill asked for clarification on current zoning, and inquired what
would be allowed in an Office Professional (OP) zoned district. City Planner Johnna
Matthews stated a business such as a bank and other office uses would be allowed.
Council Member Gary Moore inquired about the type of businesses that would be
allowed with a General Business (GB) zone. City Planner Johnna Matthews stated only
a PD could restrict or place conditions on the uses.
Council Member Scott Sherman asked if there was a timing in place for the expansion
of
Westminister and what the cost would be. Director of Engineering and Capital Projects
Trent Epperson stated there were no plans to expand Westminister and that it would
most likely be developer driven. He estimated the cost would be in the hundreds of
thousands range as opposed to millions. Council Member Sherman asked the applicant
what their concerns were for not doing a Planned Development (PD). Mr. Patch stated
they would meet the requirements of the thoroughfare plan with the General Business
(GB) zone, thus a Planned Development (PD) zone would not be needed. Council
Member Sherman asked Mr. Patch if he would be willing to go back to the applicant with
a change to a Planned Development (PD) zone. Council Member Sherman stated he
would prefer a Planned Development (PD) zone. Mr. Patch replied that the applicant
would be fine as long as no time was lost by pursuing a different zone. Council Member
Sherman asked staff if this would be possible. City Planner Johnna Matthews stated
they would prefer a separate submittal, but would do what was asked of them by the
Council.
Council Member Keith Ordeneaux inquired about possibly putting detention where the
property is currently zoned residential and only changing the Office Professional (OP)
zone to General Business (GB). He stated he would prefer a Planned Development,
not emphasizing on type of brick or lighting, but a "lite" PD. This type of PD would
narrow down some of the uses.
Council Member Tony Carbone agreed that a lite PD would be preferable.
P&Z Commissioner Elizabeth McLane stated that she would like to see a Traffic Impact
Analysis (TIA) prior to the changes. City Planner Johnna Matthews stated that per legal
counsel, a TIA is not required with a Planned Development.
P&Z Chairperson Henry Fuertes spoke with regards to commercial values.
Council Member Greg Hill remarked that what he was hearing from the residents was a
desire for limited uses and better connectivity to Pearland Parkway.
Council Member Scott Sherman and Tony Carbone both expressed frustration with the
Minutes of the
Joint Public Hearing
June 16, 2014
Page 3 of 7
applicant being advised to do a Planned Development and that 21 plus minutes were
spent discussing and suggesting a PD.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2014-07Z at 7:28
p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2014-08Z at 7:28 p.m.
ZONE CHANGE APPLICATION NO. 2014-08Z
A request of Evelyn Pineda, owner/applicant; for approval of a change in zoning from
Single Family Residential 2 (R-2) to Office and Professional (OP) on approximately 0.44
acres of land, to wit:
Legal Description: Being a tract of land containing 0.4362 acres (19,000 square feet),
situated in the H.T. & R.R.R. Survey, Abstract No. 543, Brazoria County, Texas, being
out of the H.C. Johnson 1.0 acre tract out of Lot 1 of a subdivision of Section 4 recorded
in Volume 410, Page 536 of the Deed Records of Brazoria County, Texas, Brazoria
County, Texas
General Location: Northwest corner of Walnut Street and Johnson Street, Pearland,
TX
P&Z Chairperson Henry Fuertes read the purpose of the hearing in to the record.
City Planner Johnna Matthews read the staff report stating the property includes
approximately .44 acres with a request to change the zone from Residential (R-2) to
Office Professional (OP) along with the future land use plan being changed. Staff was
unable to recommend approval as it differs from the Comprehensive Plan. Staff
received several notices in favor, but most were from the tenants, not the owners.
Ms. Evelyn Pineda, applicant and owner, 2704 Tranquility Trail, Pearland Texas spoke
of her intent to have her own office located in the existing building. Three properties
near this tract have had zone changes to commercial.
There was no one present to speak for or against the proposed zone change.
Council Members Tony Carbone, Scott Sherman, Keith Ordeneaux, Gary Moore and
Greg Hill all agreed with the zone change based on surrounding properties and
recommended approving even though it differs from the Comprehensive Plan.
Council Member Tony Carbone addressed staff's recommendation of "unable to
recommend approval" as odd, when the properties across the street had three zone
changes with staff recommending approval.
Minutes of the
Joint Public Hearing
June 16, 2014
Page 4 of 7
Aralb-
City Planner Johnna Matthews stated it was the job of a Planner to state the facts based
on state code and that only the P&Z could make a motion to change the zone with
Council approving the zone change.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2014-08Z at 7:42
p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2014-03 at
7:42 p.m.
CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT
APPLICATION NO. 2014-03
A request of Verret Group, applicant; on behalf of Vineyard Christian Fellowship of
Pearland, owner; for approval of a Conditional Use Permit (CUP) to allow for a church
on approximately 4.83 acres of land on the following described property, to wit: .
Legal Description: 4.83 acres (210,206 square feet), all of a called 4.826 acres being
the south 129' of Lot 79 and the north 214' of Lot 78, Figland Orchard, H.T. and B.R.R.
Survey, Abstract 240, Brazoria County, Texas.
General Location: East side of Harkey Road, between Josephine Street to the north
and Fite Road to the south, Pearland, TX
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
City Planner Johnna Matthews read the staff report with staff recommending approval
with one condition
1) As approved with the expired CUP that was approved for a church in 2008, no
access to the site shall be granted via Bardet Street
Mr. Mark Verret, Verret Group, representing the applicant, 10200 Grogans Mill Road,
575, The Woodlands Texas spoke briefly of the church's community involvement and
using the detention pond as a park to be shared with the neighbors. He thanked City
Council and the Planning & Zoning Commission for the last CUP that was approved in
2008.
Mr. Alan Allen of 3125 English Oaks Blvd., Pearland Texas spoke on behalf of the
church as their pastor, expressing his gratitude for an approval.
P&Z Commissioner Derrick Reed thanked the applicant for submitting a site plan.
Mayor Tom Reid briefly discussed Bardet Street with clarification that it would not
Minutes of the
alMn
Joint Public Hearing
June 16, 2014
Page 5of7
connect to the church, but would have a cul-de-sac on the end towards Wagon Trail.
Mr. Verret stated the detention would be dry detention with a park setting and the hope
of keeping some of the existing trees.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2014-03
at p.m.
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO.
2014-06Z - WITHDRAWN
A request of Evelyn Pineda, owner/applicant; for approval of a change in zoning from
Single Family Residential 2 (R-2) to Office and Professional (OP) on approximately 0.21
acres of land, to wit:
Legal Description: A tract of land being known as Lot 15 of Darlinda Addition, a
subdivision in Brazoria County Texas as recorded in Volume 7, Page 20 of the Plat
Records of said Brazoria County, and being the same tract of land as described in deed
to Ernesto Perez and Evelyn Pineda under Clerk's File Number 2006042620 of the Real
Property Records of said Brazoria County.
General Location: South side of Broadway Street, and approximately 100 feet from the
intersection of Broadway Street and Ray Street, Pearland, TX
Mayor Tom Reid stated for the record Zone Change No. 2014-06Z had been withdrawn.
ADJOURNMENT
Mayor Tom Reid and P&Z Chairperson Henry Fuertes adjourned the series of public
hearings at 7:58 p.m.
These minutes are respectfully submitted by:
Judy Brown, Community Development Office Supervisor
Minutes approved as submitted and/or corrected on this 14th day of July, 2014 A.D.
Mayor Tom Reid
Minutes of the
Joint Public Hearing
June 16, 2014
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