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2014-07-21 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 JULY 21, 2014, AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE CALL TO ORDER Mayor Pro Tem Keith Ordeneaux called to order the series of public hearings at 6:30 p.m. for the City Council and Planning and Zoning Commission. The following were present: Mayor Pro Tem Keith Ordeneaux Council Member Greg Hill Council Member Tony Carbone Council Member Scott Sherman Chairperson Henry Fuertes Vice Chairperson Daniel Tunstall P&Z Commissioner Derrick Reed P&Z Commissioner Elizabeth McLane P&Z Commissioner Ginger McFadden P&Z Commissioner Mary Starr Also present were City Attorney Darrin Coker, City Planner Johnna Matthews, Senior Planner Ian Clowes, Director of Community Development Lata Krishnarao, Interim City Engineer Richard Mancilla, Deputy City Manager Jon Branson, City Manager Clay Pearson, Director of Capital Projects and Engineering, Executive Director of Community and Economic Development Matt Buchanan and Office Supervisor Judy Brown. City Planner Johnna Matthews presented the public hearing process and order of the agenda. PURPOSE OF HEARING P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record. Mayor Pro Tem Keith Ordeneaux opened the public hearing for Zone Change Application No. 2014-11Z at 6:32 p.m. Zone Change Application No. 2014-11Z A request of Salim Obeid, LJA Engineering, applicant; on behalf of Robert Lee Alexander, owner; by his attorney A.G. Crouch; for approval of a change in zoning from Office Professional (OP), General Business (GB) and Single Family Residential 2 (R2) to a non- residential Planned Development (PD) known as Pearland Marketplace 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 Page 1 of 7 — 7/21/2014 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 General Location: Southeast corner of Pearland Parkway and Barry Rose Road, Pearland, TX P&Z Chairperson Henry Fuertes read the purpose of the hearing. City Planner Johnna Matthews read the staff report stating the applicant was proposing a zone change to a non-residential Planned Development, Pearland Marketplace, to be developed with a mix of neighborhood service retail and pad sites anchored with a grocery store. Staff recommended approval with concerns to be addressed on screening requirements adjacent to residential including the buffer that abuts the residential subdivision, Banbury Cross; a list of deviations from the standards in the base zoning districts; north arrow to be corrected; page numbers within the PD to be corrected; codification of enhancements that are mentioned throughout the PD; a legend to be included on the design plan; clarification of the lighting standards and a street light exhibit would be required. Staff received 8 phone calls inquiring about the proposed zone changed. Staff recommended approval with the referenced changes addressed. Mr. Salim O'Beid, applicant, LJA Engineering, spoke of the proposed grocery store, retail strip center, gas station and 2 pad sites. Ms. Wendy Wittman, 2127 Tower Bridge Rd. Pearland, TX spoke with concerns of the number of empty, unoccupied retail spaces in Pearland; how many businesses fail; heard the grocery store was Kroger and that we already had one; did not feel it would provide more jobs; and the only people to benefit would be Mr. Alexander. Ms. Shelly Hardy, 2108 Tower Bridge, Pearland, TX spoke with regards to the loading dock; property originally zoned residential; noise, lighting, and need for vegetative material between residents and business. Mr. George King, Jr. 2008 Tower Bridge Rd., Pearland, TX stated he agreed with Ms. Shelly Hardy and expressed concern with runoff water flooding, as the area had flooding in 2004. He also inquired about the detention pond being wet or dry; concerned with the Traffic Impact Analysis (TIA), and hoped the community would have a say in what was allowed. Mr. Thomas Guerrierre, 3201 London Ct, Pearland, TX spoke in favor of the planned development stating it was a good plan, Pearland Parkway would succeed, and expressed concern for the traffic on London Court. Anselmo Lozano of 3213 London Ct., Pearland, TX spoke of concerns with the phases and thoroughfare approval. Joint Public Hearing Minutes July 21, 2014 Page 2 of 7 Ms. Wendy Wittman, 2127 Tower Bridge Rd., Pearland TX spoke again regarding concern of the zone change as it was originally residential. Mr. A.G. Crouch, 235 Sealy St., Alvin, TX spoke stating he developed Banbury Cross and was related to the Alexander family. He stated when Banbury Cross was developed, it was 70% Business, 15% office and 15% residential. They also donated a large part to the drainage district and the area drains a lot better. Mr. Crouch stated he would work with staff to enhance the area. Council Member Scott Sherman asked staff what the property was previously zoned, when did Pearland Parkway go in, did the zoning change with the parkway. City Planner Johnna Matthews stated she would have to research his questions and would get back with answers, following the meeting. Council Member Tony Carbone inquired when the drainage report and TIA be done; would the drainage be a negative impact on the neighbors. Council Member Scott Sherman inquired what would happen if it does have a negative impact on the neighbors. Need to be diligent in designing the drainage plan. Council Member Greg Hill inquired about the engineering stands for the pump out facilities. Need to be specific if it is wet or dry. He was concerned with wet detention. City Attorney Darrin Coker stated the city always had engineering look at changes as it could become a problem with the developer and the Homeowners Association. Mayor Pro Tem Keith Ordeneaux stated that it is not the position of the city council to tell a business if they can or cannot open. He stated the business could come in under the General Business zone without approval of a PD. Kroger is in the private domain and bought the property outright. City Council does not have a say in what people can and cannot do with their own land. P&Z Vice Chairperson Daniel Tunstall inquired if a bar -restaurant would be allowed in the zone without a Conditional use Permit. He also asked what the adjoining PD was. Director of Community Development Lata Krishnarao stated the adjoining PD was for a church, and that the Commission would look at the allowable uses. P&Z Commissioner Derrick Reed asked what other ways there were to get out of the subdivision. City Planner Johnna Matthews stated London Court and Barry Rose, as well as Westminister to the south. Mayor Pro Tem Keith Ordeneaux stated that until the TIA was complete, the thoroughfare would not change. Both City Attorney Darrin Coker and Interim City Engineer Richard Mancilla agreed. Page 3 of 7 — 7/21/2014 P&Z Commissioner Derrick Reed inquired about a masonry wall. City Planner Johnna Matthews stated a 25 foot landscape buffer, or a 30 foot vegetation screen would be required per the Unified Development Code. Council Member Tony Carbone stated the GB zone allowed many things and thanked the applicant for submitting a planned development (PD) with a better result. A lot of uses could go in without a PD. Mayor Pro Tem Keith Ordeneaux adjourned the public hearing for Zone Change No. 2014-11 Z at 7:35 p.m. Mayor Pro Tem Keith Ordeneaux opened the public hearing for Zone Change No. 2014- 10Z at 7:35 p.m. Zone Change Application No. 2014-10Z A request of James Johnson, Lake Park Pearland, Ltd., applicant; on behalf of James Johnson, FYCW, Ltd, owner; for approval of a change in zoning from Single Family Estate District (RE) to a mixed- use Planned Development (PD) known as Pearland's Lake Park; on approximately 47 acres, to wit: Legal Description: Being a 47.717 acre tract of land located in the W.B. Dobson Survey, Abstract -1 87, in Brazoria County, Texas; said 47.717 acre tract being the remainder of a called 48.35 acre tract recorded in the name of Bruno Bagnoli in Volume 339, Page 319, of the Brazoria County Deed Records (B.C.D.R.), Brazoria County, Texas, Brazoria County, Texas General Location: Northeast corner of Brookside Road and Cullen Parkway, Pearland, TX P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record. City Planner Johnna Matthews read the staff report stating that all the concerns from the February 2014 workshop had not been addressed. Staff was not opposed to the Zone change for the mixed-use PD but asked City Council for guidance. The applicant, Mr. James Johnson, 206 Riverfront Lane, Lafayette, LA spoke in detail of the planned development, adding that if an area was not addressed in the PD, then it would refer back to the Unified Development Code. Ms. Lucy Gehring, 1129 Stone Road, Pearland, TX spoke of a pipeline that blew up in Brookside, years ago. She expressed concern with people living that close to a pipeline. Also, she felt that McHard Rd. should be done prior to this development. Council Member Tony Carbone inquired as to what safety issues staff had looked at with regards to pipelines, such as setbacks. City Planner Johnna Matthews stated the plan Joint Public Hearing Minutes July 21, 2014 Page 4 of 7 was to address pipeline setback in the next UDC update, T-17, in 2015. Mr. James Johnson stated a block valve was installed approximately 18 months ago and that the federal guidelines stipulate where the block valve needed to be placed. Council Member Greg Hill asked about the security of the public and private areas. He inquired about some of the features in Phase 1 of the land plan. Council Member Tony Carbone stated he would like to see Phase 3 done after Phase 1, but ahead of Phase 2. Mayor Pro Tem Keith Ordeneaux stated he would like to see Phase 3 done as soon as possible. P&Z Commissioner Derrick Reed expressed concern with staff receiving comments up to the time of the meeting from the applicant. Mr. James Johnson stated he had met with staff numerous times in the last two weeks and asked if the plan could be approved with contingencies. City Attorney Darrin Coker stated yes, but cannot go before city council until completed. P&Z Chairperson Henry Fuertes asked if the drawings were to scale. Mr. Johnson replied yes. Mayor Pro Tem Keith Ordeneaux stated that it was his understanding that Pearland ISD had no comments in favor or opposition. P&Z Commissioner Daniel Tunstall stated he was not in favor unless the lots could be moved away from the pipelines. Council Member Greg Hill inquired if the setback requirements would be met. Mr. Johnson stated they would. They must be met at 50 feet and this plan exceeds it by showing 110 feet. Council Member Scott Sherman asked Director of Community Development to provide a map with all the pipelines running through the city. Mayor Pro Tem Keith Ordeneaux adjourned the public hearing for Zone Change No. 2014-10Z at 8:41 p.m. Mayor Pro Tem Keith Ordeneaux opened the public hearing for Conditional Use Permit Application No. 2014-05 at 8:41 p.m. Conditional Use Permit Application No. 2014-05 Page 5 of 7 — 7/21/2014 A request of Raymond JJ Zhuo, applicant for Houston Chinese Church, owner, for approval of a Conditional Use Permit to allow for a Church, Temple, or Place of Worship in the Single Family Residential (R-1) Zoning District, on the following described property, to wit: Legal Description: Being 5.00 acres out of the G.T. & B.R.R. Company Survey, A-304 in Brazoria County, Texas. Being the same land described as 5.00 acres in a warranty deed from Steven C. Muth to Houston Chinese Church, dated July 5, 2007 and recorded as document No. 2007039242, official records of Brazoria County, Texas. General Location: 2500 Block of Miller Ranch Rd. P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record Senior Planner Ian Clowes read the staff report stating the Houston Chinese Church was seeking approval of a Conditional Use Permit (CUP) to construct a church campus on 5.00 acres of land, with plans to construct the church campus in 3 phases. The applicant previously was approved for the CUP; however the one year time frame was almost up and must begin construction or seek a one (1) year extension to avoid expiration of the CUP. Therefore, the applicant was seeking the one year extension of the originally approved CUP. Mr. Clowes stated the only change was the detention pond would be moved to the back with parking in the front. Staff asked that one condition be placed upon the CUP, that the site be developed in accordance with the attached site plan provided by the applicant. Mr. Raymond Zhou, 10002 Autumn Lake Rd., Pearland, TX stated the church was doing a fundraiser and would be ready to begin construction soon. There was no one present to speak for or against the conditional use permit. Mayor Pro Tem Keith Ordeneaux commented that staff received only one public comment form in opposition, but gave no reason. P&Z Chairperson Henry Fuertes stated the CUP would expire on August 26, 2014 if the extension was not granted. Senior Planner Ian Clowes concurred. Mayor Pro Tem Keith Ordeneaux adjourned the public hearing for Conditional Use Permit Application No. 2014-05 at 8:53 p.m. ADJOURNMENT Mayor Pro Tem Keith Ordeneaux adjourned the series of public hearings at 8:53 p.m. Mayor Tom Reid adjourned the series of public hearings at 8:53 p.m. Joint Public Hearing Minutes July 21, 2014 Page 6 of 7 These minutes are respectfully submitted by: Judy Bro�vn, CorfSmuihity Development Office Supervisor Minutes approved as submitted and/or corrected on this 29th day of September, 2014 .9 ')"' Y?'� Mayor Tom Reid Page 7 of 7 — 7/21/2014