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2016-03-28 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 MARCH 28, 2016 AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE CALL TO ORDER Mayor Tom Reid opened a series of public hearings at 6:50 p.m. The following were present: Council Member Tony Carbone P&Z Chairperson Daniel Tunstall Council Member Greg Hill P&Z Vice -Chairperson Thomas Duncan Council Member Keith Ordeneaux P&Z Commissioner Derrell Isenberg Council Member Derrick Reed P&Z Commissioner Ginger McFadden Council Member Gary Moore P&Z Commissioner Troy Pradia P&Z Commissioner David Selsky P&Z Commissioner Mary Starr Also present were Deputy City Manager Jon Branson, Assistant City Manager Trent Epperson, City Attorney Darrin Coker, City Secretary Young Lorfing, President PEDC Matt Buchanan, Director of Community Development Lata Krishnarao, City Planner Frankie ' Legaux, Associate Planner Vince Hustead, City Engineer Susan Polka, Assistant City Engineer Richard Mancilla and Office Assistant Alma Gonzales. Mayor Tom Reid opened the public hearing for Zoning Change Application No. 2016-05Z at 6:50 p.m. PURPOSE OF HEARING Zoning Change Application No.2016-05Z A request of Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate Ltd., owner; for approval of a change in zoning from the Residential Estate (R -E) and Single Family Residential — 2 (R-2) zoning districts to a General Business (GB) zoning district; on approximately 3.8662 acres of land. Legal Description: Being a tract or parcel containing 3.8662 acres or 168,441 square feet of land situated in the H.T. & B.R.R. company Survey, Section 81, Abstract 300, Brazoria County, Texas, being the residue of Reserve W, first amending plat of Southgate Section One, as thereof recorded under Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01-053025, Brazoria County, Texas. t General Location: West side of Kirby Drive approximately 1,500 feet south of Broadway Street, Pearland, TX. Page 1 of 8 — 03/28/2016 P&Z Chairperson Daniel Tunstall read into the record Zoning Change Application No. 2016- 05Z. , APPLICATION INFORMATION AND CASE SUMMARY City Planner Frankie Legaux read the staff report and showed the exhibits of the maps, aerials, landscaping and posting of signs for the subject property. Staff did not recommend approval for the reasons of the development not in compliance with the Future Land Use Plan and the self -storage facility would not be expected to contribute to the vibrancy of this designated retail node. Representatives for Sure Point Storage, Mr. Andrew Allen and Mr. Jeff Bailey presented a PowerPoint presentation of the proposed facility and were available for questions. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST The following persons were opposed to the zone change due to the site not being feasible for a storage facility, the location is too close to a school, a retail center with shops and restaurants rather than a storage facility would be bestfor the subject location and concerns that the property values would be affected: Monica Russo, 2957 Jade Springs — Opposed Nathan Franks, 12615 Crystal Park Ln. - Opposed Chandra Vemula, 2227 Long Cove Ct. — Opposed Gina Tran, 2713 Catalina Shores Dr. — Opposed ' Heather Zayas, 2303 Harbor Chase Dr. — Opposed Kyra Sam, 2955 Jade Springs Ln. — Opposed Norma Munoz, 2704 Royal Creek Ct. — Opposed Julio Brand, 5800 Woodway — Opposed Francine Shephard, 2809 Raven Ridge Dr. - Opposed Owner of the property, Mr. Bud Goza, 2418 W. Tuschman, was in favor of the zone change COUNCILJPLANNING COMMISSION/STAFF DISCUSSION Councilmember Derrick Reed clarified the subject property would not be part of the Shadow Creek Ranch community and added that eight public storage facilities where within a mile radius of each other in that specific area. Mr. Reed had concerns with the height of the building and was not in favor of a three story storage facility. Councilmember Tony Carbone questioned the Office Professional zone change for this location and City Planner Frankie Legaux explained the Office Professional zoning district would conform to the land use of the Future Land Use designation. Mr. Carbone feels the traffic would not increase and thinks the facility makes good use of the land and is not completely against it. Mayor Tom Reid commented that he would like the community to continue to become more attractive as possible and with a high density area due to the high school, the proposed facility would be best if it was built in a less prominent area. Councilmember Keith Ordeneaux explained his decision would be based on the future land use and what would be best long term for the ' City. Mr. Ordeneaux does not agree with the Public -Semi Public zoning and would rather see facility in a different location, does not totally support. Councilmember Greg Hill clarified that the Shadow Creek Ranch Community was part of the City of Pearland and agreed that Page 2 of 8 — 03/28/2016 the aesthetics and location does not fit for this type of facility. Mr. Hill is not against building something else better suited for the land. Councilmember Gary Moore commented that the ' property had been vacant for fifteen years and understood and explained about future development on the property but wasn't sure a storage facility would be best use of the property. P&Z Commissioner Darrell Isenberg was in favor of the facility. PSZ Chairperson Daniel Tunstall did not see a strong reason to oppose it. ADJOURNMENT Mayor Tom Reid adjourned the public hearing for Zoning Change Application No. 2016-05Z at 7:54 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Application No. 2016-07 at 7:55 p.m. PURPOSE OF HEARING Conditional Use Application No. 2016-07 A request of Andrew Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate Ltd., owner; for approval of a Conditional Use Permit (CUP) to allow for self - storage facility in General Business (GB) zoning district; on approximately 3.8662 acres of land. Legal Description: Being a tract or parcel containing 3.8662 acres or 168,441 square feet of land situated in the H.T. & B.R.R. company Survey, Section 81, Abstract 300, Brazoria County, Texas, being the residue of Reserve "B", first amending plat of Southgate Section One, as thereof recorded under Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01-053025, Brazoria County, Texas. General Location: West side of Kirby Drive approximately 1,500 feet south of Broadway Street, Pearland, TX. P&Z Chairperson Daniel Tunstall read into the record Conditional Use Application No. 2016- 07 APPLICATION INFORMATION AND CASE SUMMARY City Planner Frankie Legaux read the staff report and showed the exhibits of the maps, aerials, landscaping and posting of signs for the subject property. Staff did not recommend approval of the requested CUP for the reasons of the proposed development does not comply with the land use designation of the Future Land Use Plan, self -storage use is not a use that will add value to the surrounding property and the proposed request is not in conformance with the criteria of approval as per the Unified Development Code. Representative for Sure Point Storage, Mr. Jeff Bailey was available for questions. ' PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Page 3 of 8 — 03/28/2016 Bud Goza, 2418 W. Tuschman, owner of the property felt the use would be proper for this tract and was in favor of. , COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Derrick Reed questioned to applicant representation if a two story storage facility had ever been built in the past and what would the color palette for the proposed building be. Mr. Bailey answered that the proposed property was too long, too small and too narrow for a two story facility too be built and the color palette will match to City requirements. P&Z Commissioner David Selsky commented that families prefer a walking development with family oriented businesses and did not feel the location would be right for the storage facility. ADJOURNMENT Mayor Tom Reid adjourned the public hearing for Conditional Use Application No. 2016-07 at 8:13 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Application No. 2016-06 at 8:13 p.m. PURPOSE OF HEARING , Conditional Use Application No. 2016-06 A request of Kathryn Edwards, applicant; on behalf of Wu Family Trust, owner; for approval of a Conditional Use Permit (CUP) to allow for self -storage facility in the Shadow Creek Ranch Planned Development (SRC PUD) zoning district; on approximately 3.653 acres of land. Legal Description: Being a 3.653 acre (159,154 square feet calculated) parcel of land situated in the T.C. & R.R. Co. Survey, Abstract 678, in Brazoria County Texas, and being the residue of Lot 2, Block, 1 of the replat of Kirby Commons Subdivision as recorded under Brazoria County Clerk's File Number 2008033752, Brazoria County, Texas. General Location: NE corner of Broadway Street and Broadway Bend Drive, Pearland, TX. P&Z Chairperson Daniel Tunstall read into the record Conditional Use Application No. 2016- 06. APPLICATION INFORMATION AND CASE SUMMARY Page 4 of 8 — 03/28/2016 City Planner Frankie Legaux read the staff report and showed the exhibits of the maps, aerials, landscaping and posting of signs for the subject property. Staff did not recommend approval for the reasons of the proposed development does not comply with the land use designation of the Future Land Use Plan, self -storage use is not a use that will add value to the surrounding property and the proposed request is not in conformance with the criteria of approval as per the Unified Development Code. Representatives for Applicant Katherine Edwards presented a PowerPoint presentation of the proposed facility and was available for questions. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST The following persons were opposed to the Conditional Use Application due to strong opposition reasons being, several storage facilities exist or are presently in construction within five miles of this property. The storage facility would be too close to a residential area and would be an eye soar against nature. Residents felt that the use of the land would be better suited for family oriented activities such as parks & walking trails, restaurants, shops and medical & business offices. Their concerns included the vitality of the neighborhood and impact on property values. Norma Munoz, 2704 Royal Creek Ct. — Opposed Joe Zavala, 13104 Castle wind Ln. — Opposed Christopher D. Sheppard, 2706 Royal Creek Ct. — Opposed Nathan Franks, 12615 Crystal Park Ln. — Opposed ' Monica Russo, 2957 Jade Springs Ln. — Opposed Kyra Sam, 2955 Jade Springs Ln. — Opposed Francine Shephard, 2809 Raven Ridge Dr. —Opposed Gina Tran, 2713 Catalina Shores Dr. — Opposed Heather Zayas, 2303 Harbor Chase Dr. — Opposed Jay Dorsey owner of Triad Construction and Brian Holroyd Project Manager for Triad Construction, 2209 O'Day Rd. were both in favor. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Councilmember Greg Hill was concerned having two single storage facilities on that property was not a good fit and would rather see a different project for that property. Councilmember Keith Ordeneaux did not feel that the storage facility would be the best use for future land use for Pearland and was opposed to changing the zoning. Councilmember Derrick Reed agreed with the unsavory location and does feel that crime would be present. Mayor Tom Reid commented in regards to the fast growth of the City within the last fifteen years and how careful the City should be careful in what gets planned for the future needs of the City. ADJOURNMENT Mayor Tom Reid adjourned the public hearing for Conditional Use Application No. 2016-06 at 9:09 p.m. Page 5 of 8 — 03/28/2016 Mayor Tom Reid opened the public hearing for Conditional Use Application No. 2016-05 at 9:09 P.M. PURPOSE OF HEARING Conditional Use Application No. 2016-05 A request of Nirmal Gandhi, applicant; on behalf of Ajay and Madhu Jain Living Trust, owner; for approval of a Conditional Use Permit (CUP) to allow for a Hotel/Motel in the Business Park District — 288 (BP -288) zoning district; on approximately 3.653 acre portion of land out of 14.286 acres of land, to wit: Legal Description: Being 14.286 acres of land out of Lots 6 and 7 of a subdivision in the James Hamilton Survey, Abstract 881, in Harris County, Texas according to the map or plat thereof recorded in Volume 83, Page 342 of the deed records of Harris County, Texas and being that same tract of land conveyed to Nova Strategic Solutions Ltd., as described in deed recorded under County Clerk's File #Z357162 of the real property records of Harris County, Texas. General Location: East side of SH 288 Frontage Road, north of Holiday Inn Express, Pearland, TX. P&Z Chairperson Daniel Tunstall read into the record Conditional Use Application No. 2016- 05. APPLICATION INFORMATION AND CASE SUMMARY City Planner Frankie Legaux read the staff report and showed the exhibits of the maps, aerials, landscaping and posting of signs for the subject property. Staff recommends approval with conditions following: The current zoning of BP -288 is in conformance with the Future Land Use Plan contained in the Comprehensive Plan, the proposed use will be in compliance with the approval of a CUP, it is not anticipated CUP will have significant negative impact on surrounding properties or developments, all other requirements will be met with future redevelopment or expansion. Staff recommends approval of the requested CUP with the following conditions: Site/Landscaping Plan meet UDC landscaping requirements, provide requirements of BP -288 building fagade standards, building fagade materials shall be limited to no more than thirty percent stucco and unused driveways from the frontage road will be removed. Applicant Nirmal Gandhi read a presentation and was available for questions. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid commented he anticipates the project to be very nice. Councilmember Gary Moore commented it would be a great looking hotel. Councilmembers Derrick Reed, Keith Ordeneaux and Tony Carbone had questions on the number of rooms would be available, would hotel be an extended stay hotel and the entrance and exits on the east side of the property. Mr. Gandhi answered the number of rooms would be eighty three and ' it would not be an extended stay type of hotel. City Planner Frankie Legaux answered there would not be an entrance or exit on the east side. Page 6 of 8 — 03/28/2016 ADJOURNMENT ' Mayor Tom Reid adjourned the public hearing for Conditional Use Application No. 2016-05 at 9:23 p.m. Mayor Tom Reid opened the public hearing for Zone Change Application No. 2016-14Z at 9:34 p.m. PURPOSE OF HEARING Zone Change Application No. 2015-14Z A request of Patti Joiner of Knudson LP., applicant; on behalf of American Modern Green (Houston) LLC, owner; for approval of a change in zoning from the Planned Development (PD) zoning district known as Modern Green Ivy, to a Planned Development (PD) zoning District known as Ivy District; on approximately 48.471 acres of land, to wit: Legal Description: A tract of land containing 48.471 acres of land situated in the James Hamilton Survey, Abstract No. 881 in Harris County and Abstract No. 747 in Brazoria County, Texas. Said 48.471 acre tract is in Lot 5 of the Subdivision of the John Hamilton Survey as recorded in Volume 83, Page 342 in the Harris County Deed Records and is that same 48.4712 acre tract of land described in a deed to Amegy Mortgage Company, L.L.C. as recorded in Clerk's File No's 20100132332 and 20100235353 in the Harris County ' Clerk's Office. General Location: Southwest corner of SH 288 and Spectrum Boulevard, Pearland, TX. P&Z Chairperson Daniel Tunstall read into the record Zone Change Application No. 2015- 14Z. APPLICATION INFORMATION AND CASE SUMMARY Community Development Director Lata Krishnarao read the staff report and showed the exhibits of the maps, aerials, landscaping and posting of signs for the subject property. Staff recommends with the following conditions be placed on the approval of Ivy District PD: Applicant shall enter into a development agreement for offsite infrastructure and Clear Creek open space and address staffs outstanding comments on PD. Ms. Krishnarao emphasized on the historical comparisons. Applicant Patti Joiner presented a presentation and informed that they would be addressing the staff comments. Ms. Joiner was available for questions. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Councilmember Gary Moore was not in favor of high residential area and asked what would ' be the tallest story building. Ms. Joiner answered five stories would be the tallest. Councilmember Derrick Reed asked if parking lots would be included in Phase I plans. Ms. Joiner answered the parking lots would be included in Modern Green plans. Councilmember Page 7 of 8 — 03/28/2016 Tony Carbone was in favor of the development. Mayor Tom Reid commented on the quality piece of property and would like to see more walkable and recreational space. Ms. Joiner ' informed that they are working close with Lower Kirby and the development agreement for future recreational facilities. Councilmember Keith Ordeneaux prefers a less dense residential area and requested that a park gets included. Councilmember Greg Hill inquired on the amenities and the parking areas regarding table H5 from the Building Design Standards provided by the applicant. Ms. Joiner explained the location of the parking area would be on the first floor of the building and informed of the proposed recommendations and added that the new recommendations were better than originally proposed. P&Z Commissioners Derrell Isenberg and Ginger McFadden inquired if a conference or community center would be included with the development. Ms. Joiner answered there would be potential partners for future development which may include those types of centers. ADJOURNMENT Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2015-14Z at 10:25 p.m. These minutes are respectfully submitted by: AlmaQffice Assistant ' Minutes approved as submitted on this 27' day of February, 2017 �-D� Mayor Tam Reid Page 8 of 8 - 03/28/2016