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2016-08-01 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES' MINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON AUGUST 1, 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 6:30 p.m. The following were present: Mayor Tom Reid P&Z Chairperson Daniel Tunstall Council Member Tony Carbone P&Z Vice - Chairperson Thomas Duncan Council Member Greg Hill P&Z Commissioner David Selsky Council Member Keith Ordeneaux P&Z Commissioner Mary Starr Council Member Derrick Reed P&Z Commissioner Troy Pradia Council Member Gary Moore P&Z Commissioner Ginger McFadden Also present were Deputy City Attorney Lawrence Provins, Director of Community Development Lata Krishnarao, City Planner Frankie Legaux, Senior Planner Martin Griggs, Associate Planner Vince Hustead, Assistant Director of Engineering Richard Mancilla and Office Supervisor Judy Brown. ' PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Amendments to the Unified Development Code (UDC) @ 6:35 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Amendments to the Unified Development Code (UDC). A request of the City of Pearland to amend certain sections of the Unified Development Code, Ordinance No. 2000T. APPLICATION INFORMATION AND CASE SUMMARY: Community Development Director Lata Krishnarao read the staff report and spoke of the five updates to the UDC which include the land use matrix, landscaping clarifications and corrections, additions to the overlay district and the platting exemptions. There was no staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST: Jonathan Marrow, Grand Cornerstone Development & ACC Campus spoke in favor of the CUP. Page 1 of 6 - 08/01/16 COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION: ' Councilmember Tony Carbone concerns were regarding the old development vs. new development standards for the corridor overlay district on Manvel Road. Mrs. Lata Krishnarao explained the higher standard requirements for quality landscaping, fagade, Transparency, color palette. Mr. Carbone would like to see the requirements added to the packet. Councilmember Gary Moore inquired on the planting of shrubs instead of ornamental trees under powerlines. Mrs. Lata Krishnarao explained that Staff was working with Urban Forester on the planting under powerlines. Mayor Tom Reid inquired if planting trees could be restricted under powerlines due to hurricanes. Councilmember Keith Ordeneaux made a comment on Boarding Houses, he does not feel we should be able to dictate what people can do. Councilmember Greg Hill used a past example of River Mist Subdivision regarding group homes vs. boarding houses. Deputy City Attorney Lawrence Provins spoke regarding Airbnb's and the difference of state tracking not the same as boarding homes. Mr. Provins will be looking into if City would want to address rent out of houses. An inquiry regarding if cinema use omits drive in theatres, triggers for existing home businesses and definition of screening. Mrs. Krishnarao addressed inquiries. Mayor Tom Reid adjourned the public hearing for Amendments to the Unified Development Code (UDC) @ 7:08 p.m. PURPOSE OF HEARING ' Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16- 00006 @ 7:09 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Zone Change Application No. ZONE 16-00006 A request of City for approval of a change in zoning to amend the Stonebridge Planned Development to allow auto related uses by a Conditional Use Permit on properties designated General Business (GB); on approximately 123.33 acres of land. Legal Description: Being a 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 at seq of the Brazoria County Deed Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated ' June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.). Page 1 of 6 - 08/01/16 ' General Location: East and West sides of Pearland Parkway, North of Barry Rose Road — Stonebridge Planned Development. APPLICATION INFORMATION AND CASE SUMMARY: Deputy City Attorney Lawrence Provins explains that due to one mailing that had been mailed out to owners, a portion was omitted and discussion would be limited to auto related uses only. Senior Planner Martin Griggs presented Staff report and exhibits and informed that Staff did recommend approval of all auto related uses to the Stonebridge PUD to require approval of a Conditional Use Permit prior to opening up operations. There was no staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST John Gordon, Vice -President for Creekside HOA, 3103 Creek Bank, in favor of this amendment. Dr. Ashish Chandra, 9223 Stone, in favor of this amendment but was much confused to the letter written. Sridhar Valleru, 3012 Keswick Dr., in favor of this ' amendment. COUNCILIPLANNING COMMISSIONISTAFF DISCUSSION: Deputy City Attorney Lawrence Provins reminds Council that discussion would be limited to auto related uses only. Councilmembers Greg Hill and Gary Moore are in favor of this amendment. Councilmember Keith Ordeneaux was not in favor of the amendment. Councilmember Tony Carbone suggested an executive summary with an explanation of what a Conditional Use Permit is. P&Z Chairperson Daniel Tunstall is in favor of the amendment and commented that letters may have caused confusion and fears their vote were wrong. Staff reported to Council & Planning Commission that the remaining uses to Zone Change Application No. Zone 16- 00006 would recess until September 26, 2016. Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 16- 00006 @ 7:28 p.m. PURPOSE OF HEARING ' Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16- 00007 @ 7:28 p.m. Page 1 of 6 - 06/01/16 P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. ' Zone Change Application No. ZONE 16-00007 A request of the City for approval of a change in zoning to amend the Highland Glen Planned Development to allow auto related uses by a Conditional Use Permit on properties designated General Business (GB); on approximately 548.817 acres of land. Legal Description: All that certain 527.062 acres out of the D.H.M. Hunter Survey, Abstract No. 76, Brazoria County and Abstract No. 36, Harris Countyand the H.T. & B.R.R. Survey, Abstract No. 233 and including all or a portion of Lots 6,7, and 15-18 out of Walcott's Pearland Subdivision according to the plat thereof filed in Volume 35, Page 241-242 Brazoria County Deed Records and a portion of Lots 96-102 out of the Zychlinski Subdivision according to the plat there of filed in Volume 29 Page 43 Brazoria County Deed Records and being those same tracts described in a deed dated 12-18-1996 from Thomas P. Alexander and Bettye M. Alexander to T. & B. Alexander Family Limited Partnership as filed in Official Records of Real Property of Brazoria County at Clerks File Number 96-044931 and in a deed dated 01-23-1992 from First Interstate Bank of Texas, N. A., to Nai Li Wang and Ban Wang as filed in Volume (92)997, Page 03 Brazoria County Official Records and in a deed dated 06-04-1981 from John Alexander, trustee to Patricia Alexander Wood as filed in Volume 1596, Page 110 Brazoria County ' Deed Records and being a residue of that certain tract described in a deed dated 09- 6-1984 from Mary Alexander, at con, to Bartlett Properties, Inc. as filed in Official Records of Real Property of Harris County at Clerk's File Number J-724634 Film Code Number 096-85-0644; and All that certain 15.755 acres out of Lots 30, 31, 32, 39 and 40, Walcott's Pearland Subdivision, according to the plat thereof filed in Volume 35, Page 241 & 242, Brazoria County Deed Records, D.H.M. Hunter Survey, Abstract Number 76, Pearland, Brazoria County, Texas; and all that certain 6.000 acres out of Lots 42 and 43, Walcott's Pearland Subdivision, according to the plat thereof filed in Volume 35, Page 241 & 242, Brazoria County Deed Records, D.H.M. Hunter Survey, Abstract Number 76, Pearland, Brazoria County, Texas, General Location: East and West sides of Pearland Parkway, South of McHard Road, Highland Glen Planned Unit Development. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs presented Staff report and exhibits and informed that Staff did recommend approval of all auto related uses to the Highland Glen Planned Development to require approval of a Conditional Use Permit prior to opening up operations. Mr. Griggs informed that he received 46 comments in favor of the amendment ' and 17 opposed. Page 1 of 6 - 08/01/16 ' There was no staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Joe Glenn Smith, 1801 High Falls Ln., in favor of CUP but has concerns with the letter mailed out being poorly related, yellow lights being dimmer and softer and faces away from resident homes and the direct access to neighborhood. Mr. Smith thanked the Council for looking out for subdivision. Jack Quassa, 3310 Aspenbrook Ct., in favor of CUP but concerns on the lighting. Valle Karniste, 3004 Summit Spring, in favor of CUP, made comment that letter mail out was not clear. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone suggests to use HOA's, boards and smalls to notify property owners. Councilmember Gary Moore would further address lighting issue. Staff reported to Council & Planning Commission that the remaining uses to Zone Change Application No. Zone 16-00007 would recess and reconvene until September 26, 2016. Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 16- 00007 @ 7:44 p.m. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16- 00008 @ 7:44 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Zone Change Application No. ZONE 16-00008 A request of the City for approval of a change in zoning to amend the Oakbrook Estates Planned Unit Developmentto allowauto related uses by a Conditional Use Permit on properties designated General Business (GB); on approximately 548.817 acres of land. Legal Description: A 120.417 acre tract in the W.D.C. Hall League, A-70 & parts of Lots 13-24, S.W. Narregang Subdivision, Volume 1, Page 92 & also parts of Lots 1 & 2, George W. Jenkins Subdivision, Volume 79, Page 616, Brazoria County Map Records (Oakbrook Estates) ' General Location: East side of Pearland Parkway, North of Dixie Farm Road — Oakbrook Estates Planned Unit Development. Page 1 of 6 - 08/01/16 APPLICATION INFORMATION AND CASE SUMMARY ' Senior Planner Martin Griggs presented Staff report and exhibits and informed that Staff did recommend approval of all auto related uses to the Oakbrook Estates Planned Development to require approval of a Conditional Use Permit prior to opening up operations. There was no staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Mark Wellman, HOA Board Member, 1834 Branch Hill Dr., in favor of amendment but comments on clarification. Kent Carson, 3907 Longherridge Dr. speaks on behalf of parents David Carson, 1804 Oaklodge, in favor of amendment but comments on better means of notifying property owners. COUNCIUPLANNING COMMISSION/STAFF DISCUSSION Council had no additional comments from previous discussion. Staff reported to Council & Planning Commission that the remaining uses to Zone Change ' Application No. Zone 16-00008 would recess until September 26, 2016. Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 16- 00008 @ 7:50p.m. These minutes are respectfully submitted by: Ql/' °v Alma Goir!zalesvOffice Assistant Minutes approved as submitted on this 20th day of March, A.D., 2017. Qao Mayor Tom Reid L Page 1 of 6 - 08/01/16