2014-04-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, MONDAY,
APRIL 21, 2014, AT 6:30 P.M., COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY
DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
Mayor Tom Reid opened a series of public hearings for the City Council, and P&Z
Chairperson Henry Fuertes opened for the P&Z Commissioner at 6:39 p.m.
In attendance were:
Mayor Tom Reid
Council Member Scott Sherman
Council Member Tony Carbone
Council Member Keith Ordeneaux
Council Member Susan Sherrouse
P&Z Chairperson Henry Fuertes
P&Z Vice Chairperson Mary Starr
P&Z Member Elizabeth McLane
P&Z Member Derrick Reed
P&Z Member Linda Cowles
P&Z Member Daniel Tunstall
P&Z Member Ginger McFadden
Also in attendance were City Planner Johnna Matthews, Director of Community
Development Lata Krishnarao, City Attorney Darrin Coker, Assistant City Manager Mike
Hodge, City Manager Clay Pearson and Office Supervisor Judy Brown.
City Planner Johnna Matthews read the public hearing process.
Mayor Tom Reid opened the public hearing for Zone Change No. 2014-3Z at 6:41 p.m.
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE NO. 2014-3Z
A request of Alan Mueller, applicant; on behalf of David Miller; Gromax Building, LTD;
First Christian Academy; Harvest of Praise Exalted (HOPE); Barnett's, LTD.; and City of
Pearland, owners; for approval of a change in zoning to amend the Magnolia Court at
Old Town Pearland Planned Unit Development (PUD) including approximately 4.048
acres of land, on the following described property, to wit:
Legal Description: All of lots 1 through 40, inclusive in Block 15, all of lots 24 through
29, inclusive in Block 16 and all of lots 20 through 25, inclusive in Block 14 in the
Original Town site of Pearland as recorded in Volume 29, Page 41 in Brazoria County
Deed Records, and a 0.148 acre tract as described in Volume 29, Page 41 in the
Brazoria County Deed Records, and a 0.148 acre tract as described in Volume 1479,
Page 559 in Brazoria County Deed Records, all in the H.T. & B.R.R. Co. Survey,
Abstract No. 232 in Brazoria County, Texas. Called Magnolia Court at Old Town
Pearland.
Minutes of the Joint Public Hearing
April 21, 2014
Page 1 of 5
General Location: East and west of N. Washington Avenue; east and west of N.
Texas Avenue; between W. Jasmine Street to the north and Broadway Street to the
south
P&Z Chairperson Henry Fuertes read into the record the purpose of the hearing.
City Planner Johnna Matthews read the staff report stating the purpose of the original
PUD was to allow for multiple owners within the district for greater flexibility in selling
individual tracts. The applicant proposes to amend all tracts within the PUD, with the
exception of Tracts 5, 8 and 9 which are designated for parking and will continue to be
used for parking. The purpose of the amendment is to convert the allowable uses within
the PUD to be consistent with allowable uses within the Old Town General Business
(OT -GB) zoning district, with minor deviations.
Staff stated that it was important to note that when the original PUD was adopted in
2003, the OT -GB zoning district was not in place and the PUD allowed for uses that
were existing onsite at the time of adoption of the PUD. The applicant also proposes
than any new signage comply with the Unified Development Code, as opposed to the
Land Use and Urban Development Ordinance, which was the code in effect at the time
of adoption of the PUD.
Staff received one notice in opposition and received one phone call with concern that
single family (SF) homes could be for commercial use. City Planner Johnna Matthews
confirmed that it could.
Staff recommended approval with no restrictions.
Mr. Alan Mueller of 4201 Broadway, Pearland Texas spoke and summarized the uses of
the tracts, and stated the applicant proposes to prohibit Churches on Tracts 1, 2, 4, and
7.
Ms. Sharon Alexander of 2336 N Texas Avenue # 100, Pearland, Texas stated she is
seeking to put in an adult daycare and thus the initiative to change the PUD.
Council Member Keith Ordeneaux inquired about tract 4, and Mr. Mueller stated it was a
parking lot owned by the church.
Council Member Scott Sherman stated he agreed with staff's recommendation for no
restrictions. Council Member Keith Ordeneaux stated he also agreed.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2014-3Z at 7:07
p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2014-4Z at 7:07 p.m.
Minutes of the Joint Public Hearing
April 21, 2014
Page 2 of 5
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE NO. 2014-4Z
A request of the City of Pearland for approval of a change in zoning to amend the LNR
Clear Creek Spectrum PUD to restrict loading bays and similar activities facing Kirby
Drive, within the approximately 60 acre PUD, on the following described property, to wit:
Legal Description: 60 acres (2,613,600 square feet) of land situated in the James
Hamilton Survey, Abstract No. 876, being all of lots 39, 39 1/2,40,401/2,41,41 1/2,42,42
'/2, 55, 55 '/2, 56 and 56 '/2 in Section or Block "F" in the Allison -Richey Gulf Coast Home
Co.'s part of Suburban Gardens Subdivision recorded in Volume 3, page 40 of the map
records of Harris County, Texas.
General Location: South of Beltway 8, north and south of Riley Road, east and west of
Kirby Drive and east of Hooper Road
P&Z Chairperson Henry Fuertes read into the record the purpose of the hearing.
City Planner Johnna Matthews read the staff report stating that the PUD for the LNR
Clear Creek Spectrum District was approved on June 28, 2004 and included
approximately 60 acres. The city's goal within the area and similar areas across the
City (Major Thoroughfares) is to exercise greater control over the aesthetic and
functional characteristic where increased design standards enhance the City's image
and foster aesthetically pleasing developments.
To assist in this endeavor, in 2011, the Pearland Economic Development Corporation
(PEDC) funded the Lower Kirby Urban Center Development Code (The Plan); a form -
based code designed to help support development of the Lower Kirby Center located at
Beltway 8 and State Highway 288, which includes Kirby Drive. The Plan includes a
range of development opportunities and standards within an overall urban design, street
network and drainage infrastructure framework. The Plan recommends "Special
Frontage Requirements" for buildings fronting on Kirby Drive, including no outdoor
storage areas or service, loading and unloading of trucks; or truck access along the
Kirby Drive Frontage. Additionally, industrial uses such as warehouse and storage are
not recommended uses.
The Site Design Guidelines within the PUD state that loading bays are prohibited along
Kirby Drive.
The purpose of the proposed amendment is to ensure that the goals for the Kirby Drive
corridor, as stated in the PUD and the Lower Kirby Urban Center Development Code
are carried out by not only restricting loading bays, but also similar activities from facing
Kirby Drive. This includes, but is not limited to overhead doors, rolling shutters, garage
doors, bay doors, and dock doors, from facing Kirby Drive, unless structures are
setback at least 250 feet from Kirby Drive and are screened. Screening along Kirby
Drive for such activities shall be achieved with an opaque screening fence/wall, with
landscaping elements incorporated along the entire fence/wall, with a minimum
Minutes of the Joint Public Hearing
April 21, 2014
Page 3 of 5
fence/wall height of eight (8) feet, designed to match the material and color of the
facade facing Kirby Drive.
Staff received one public comment form in favor of the zone change, and five public
comment forms in opposition. Staff received zero phone calls.
City staff thanked MHI for complying with this requirement even though this amendment
has not been approved, at the time MHI submitted their site plan.
Council Member Tony Carbone spoke with concern of the opposition from the neighbors
and was not sure if he was in favor.
Council Member Keith Ordeneaux expressed concern and asked if there were other
ways to architecturally design doors. Since the PUD states "no bay doors" and he
inquired about showrooms being permitted.
Council Member Scott Sherman stated he was in favor of the zone change.
Mayor Tom Reid stated that Riley Road has entrance for bays and did not feel that bay
doors would keep an upscale look for the City.
City Planner Johnna Matthews stated the current zoning does not allow bays. Staff was
recommending screening and a 250 foot setback.
Council Member Tony Carbone stated he agreed with Council Member Scott Sherman
and wants it to look good.
Mayor Tom Reid agreed with staff's recommendation.
Council Member Keith Ordeneaux asked about the percent of transparency. City
Planner Johnna Matthews read from the current UDC and stated the percent of void
glaze of solid area must not exceed 50% glass.
P&Z Chairperson Henry Fuertes stated in 2004 the vision for Kirby verses today is very
different with a shift in what the city wants. He stated a lot of money went in to the
roads, way in advance, and that the original look was to have detention in the front of
the lots. Shadow Creek and Kirby owners deserve higher standards.
Mayor Tom Reid commented that the city requires small business like a Jiffy Lube to
have bays that face the sides and not the front, and these bay doors should not be
visible from the road either.
Matt Buchanan, Pearland Economic Development Director stated that when Dover and
Merit Medical came, they did not want to put bays in the front. The only properties that
this amendment would affect are the neighbors of CSI and MHI on vacant land within
the PUD.
Minutes of the Joint Public Hearing
April 21, 2014
Page 4 of 5
Council Member Tony Carbone asked if all undeveloped land within the PUD is owned
by three owners. Matt Buchanan stated yes.
P&Z Commissioner Linda Cowles stated that it appeared one person filled out all the
opposition forms.
Council Member Keith Ordeneaux expressed concern with the language of no
transparency up to 50%.
P&Z Commissioner Derrick Reed stated he agreed that zero percent transparency is
not the best.
Council Member Keith Ordeneaux expressed concern with the bay doors.
Mayor Tom Reid stated he was concerned with keeping Kirby looking nice.
Council Member Keith Ordeneaux was concerned with citizens and developers being
unhappy.
P&Z Commissioner Ginger McFadden stated that she felt a Conditional Use Permit
should be allowed. City Planner Johnna Matthews stated if P&Z Commission wants it to
be added, it could be.
A representative of MHI and Powers Brown Architect spoke on behalf of their design.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2014-4Z at 7:46
p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of public hearings at 7:46 p.m.
These minutes are respectfully submitted by:
Judy Brown, C*munity Development Office Supervisor
Minutes approved as submitted and/or corrected on this 19th day of May, 2014 A.D.
l/YY1J
Mayor Tom Reid
Minutes of the Joint Public Hearing
April 21, 2014
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