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2016-09-26 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 SEPTEMBER 26, 2016 AT 6:30 P.M., IN THE COUNCIL CHAMBERS -CITY HALL - 3519 LIBERTY DRIVE. CALLTO 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 TonyCarbone P&Z Vice -Chairperson Thomas Duncan Council Member Greg Hill P&Z Commissioner Ginger McFadden Council Member Keith Ordeneaux P&Z Commissioner Mary Starr Council Member Derrick Reed P&Z Commissioner David Selsky Council Member Gary Moore P&Z Commissioner Derrell Isenberg Council Member Trent Perez P&Z Commissioner Troy Pradia Also present were Deputy City Attorney Lawrence Provins, Director of Community ' Development Lata Krishnarao, Senior Planner Martin Griggs, Assistant Director of Engineering Richard Mancilla, Associate Engineer Matt Brown and Office Assistant Alma Gonzales. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16- 00011 @6:30 p.m. P&Z Chairperson Daniel Tunstall read the request for Zone Change Application No. Zone 16-00011 intorecord. ZONE CHANGE APPLICATION NO. ZONE 16-00011 A request of Alan Mueller, applicant, on behalf of Peyton Martin, New Broadway, LTD, owner; for approval of an amendment to the Pearland Town Center Planned Development; on approximately 15.716 acres of land. Legal Description: Being a 15.716 acre tract of land located in the H.T. & B.R.R. Company Survey, Section 81, Abstract Number 300, City of Pearland, Brazoria County, Texas, being a portion of Lot 5, Book 1 as shown on the Kirby Crossing Section Two, a subdivision of record under Plat Number 2013045429, Plat Records of said Brazoria County (B.C.P.R.). General Location: West side of Kirby, north of the fire station. 1 JPH MINUTES -SEPTEMBER 26, 2016 APPLICATION INFORMATION AND CASE SUMMARY ' Director of Community Development Lata Krishnarao presented the Staff report and exhibits and reported that Staff can not recommend approval for the following reasons: 1. Number of Multifamily units: Pearland Town Center PD had a cap of a maximum 300 units on all tracts within the Town Center development, including this Tract E 2. Density: The original Pearland Town Center development allowed 9.4 townhouse units per gross acre on Tract E (area under consideration). 3. Mixed use: This amendment for multi -family use pertains only to a 6.7 acre portion of the 15.7 acre combination of Tract E (13.7 acre) and Tract G (2.3 acre). 4. Detention PondP'Park"Amenity: This amendment proposes to allow the main amenity of the site to be a 2.76 acre excavated detention pond that will also serve as the "park". 5. Parking: A reduction in required parking from 501 to 476 is proposed, with limited shared parking options. 6. UDC Conformance: The variance proposed for reductions in density, common open space, and parking, are not in conformance with the Unified Development Code. No Staff Wrap Up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED , REQUEST Alan Mueller, Applicant, 4201 Broadway St., John Cutrer, 1300 Post Oak Blvd. #1650, Houston TX. and Peyton Martin, Property Owner, 310 Martin St. #280, Richmond TX. were in favor of the zone change. Frank Goaeloff, 11703 Summer Springs Dr., Taylor Luksetich, 13201 Ione Creek Ln., Joshua Laase, 2608 Sparkling Brook Ct., and Norma Munoz, 2704 Royal Creek Ct. were all opposed to the zone change for reasons due to change in use and density and how the units per gross acre would be affected, the current school capacity would increase, traffic issues the amendment would bring and the need for more apartment units is notfavorable. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid made comments to the plan is attractive but does not feel it fits for the said location. Councilmember Keith Ordeneaux agrees with the idea of mixed use but feels it will have both positive and negative effects. Councilmembers Trent Perez, Greg Hill, Gary Moore, Derrick Reed and Tony Carbone were not in favor of the zone change due to density concerns, location, and the need for additional multi -family units not favorable for the said location. P&Z Chairperson Daniel Tunstall, P&Z Vice -Chairperson Thomas Duncan and P&Z Commissioner Derrell Isenberg were not in favor of the zone change due to concerns with the effect on traffic and parking and the inadequate proposal of the infrastructure. JPH MINUTES -SEPTEMBER 26, 2016 Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 16- 00011 at 7:40 p.m. ' PURPOSE OFHEARING Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16- 00006 @ 7:42 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Zone Change Application No. ZONE 16-00006 At the request of City; for approval of an amendment to the Stonebridge Planned Development to allow require approval of a Conditional Use Permit for auto related uses and Pawn Shops, Payday Loans, and Gold Exchanges 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 et 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 at seq of the Brazoria County Deed Records (B.C.D.R.). General Location: Eastand West sides of Pearland Parkway, North of Barry Rose Road - Stonebridge Planned Development. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs presented the Staff report and exhibits and reported that Staff recommends approval of the amendment to the Stonebridge PUD to require all auto related uses and Pawn Shops, Payday Loan, and Gold Exchanges that are currently permitted to require approval of a Conditional Use Permit, priorto opening up operations, for the following reasons: 1. This amendment brings the PUD into conformance with amendment T-18 of the UDC approved in 2015. 2. The CUP process will allow greater oversight into the development of that property should its use fall into one of the restricted categories by ensuring that additional measures are undertaken to protect adjacent residential properties from negative impacts of these restricted land uses. ' No Staff Wrap Up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST 3 JPH MINUTES -SEPTEMBER 26, 2016 None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone makes a comment in regards to the notifications needing to ' be better clarified. Councilmember Gary Moore had concerns of the vacant frontage requirements. Councilmember Keith Ordeneaux had concerns with the conformance of a CUP. Councilmembers Greg Hill and Trent Perezwere in favor of the zone change. P&Z Chairperson Daniel Tunstall was in favor of the zone change. Mayor Tom Reid adjourned the public hearing process for Zone Change Application No. Zone 16-00006 at 7:59 p.m. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16- 00007 @ 7:42 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Zone Change Application No. ZONE 16-00007 At the request of the City; for approval of an amendment to the Highland Glen Planned Development to allow auto related uses and Pawn Shops, Payday Loans, ' and Gold Exchanges by approval of a Conditional Use Permit on properties where the base zoning district is 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 County and 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 Brazorta 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 4 JPH MINUTES -SEPTEMBER 26, 2016 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 the Staff report and exhibits and reported that Staff recommends approval of the amendment to the Highland Glen PUD to require all auto related uses and Pawn Shops, Payday Loan, and Gold Exchanges that are currently permitted to require approval of a Conditional Use Permit, prior to opening up operations, for the following reasons: 1. This amendment brings the PUD into conformance with amendment T-18 of the UDC approved in 2015. 2. The CUP process will allow greater oversight into the development of that property should its use fall into one of the restricted categories by ensuring thatadditional measures are undertaken to protect adjacent residential properties from negative impacts of these restricted land uses. No Staff Wrap Up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST ' None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Council and the P&Z Commission had no additional comments from the previous discussion. Mayor Tom Reid adjourned the public hearing process for Zone Change Application No. Zone 16-00007 at 7:59 p.m. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16- 00008 @ 7:42 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Zone Change Application No. ZONE 16-00008 At the request of the City; for approval of an amendment to the Oakbrook Estates Planned Unit Development to allow auto related uses and Pawn Shops, Payday 5 JPH MINUTES -SEPTEMBER 26, 2016 Loans, and Gold Exchanges by approval of a Conditional Use Permit on properties where the base zoning district is General Business (GB) and General Commercial (GC); on approximately 120.417 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. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs presented the Staff report and exhibits and reported that Staff recommends approval of the amendment to the Oakbrook Estates PUD to require all auto related uses and Pawn Shops, Payday Loan, and Gold Exchanges that are currently permitted to require approval of a Conditional Use Permit, priorto opening up operations, for the following reasons: 1. This amendment brings the PUD into conformance with amendment T-18 of the UDC approved in 2015. 2. The CUP process will allow greater oversight into the development of that property should its use fall into one of the restricted categories by ensuring that additional measures are undertaken to protect adjacent residential properties from negative impacts of these restricted land uses. , No Staff Wrap Up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Jason M. Sessions, 2711 Scarlett Oak Dr., in favor of the amendment. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Council and the P&Z Commission had no additional comments from the previous discussion. Mayor Tom Reid adjourned the public hearing process for Zone Change Application No. Zone 16-00008 at 7:59 p.m. PURPOSE OF HEARING MayorTom Reid opened the public hearing for Conditional Use Permit Application No. CUP 16-00005 @ 7:59 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Conditional Use Permit Application No. CUP 16-00005 , A request of Kevin Due Nguyen, applicant, on behalf of Bao Le, owner; for approval of a 6 JPH MINUTES -SEPTEMBER 26, 2016 Conditional Use Permit for exemption to the faade requirements for an existing structure and to allow a Light Manufacturing Process in the Garden/O'Day-Mixed Use (G/0 -MU) zoning district; on approximately 0.5682 acres of land. ' Legal Description: Being a tract of land containing 0.5682 acres (24,750 square feet), situated in the H.T. & 8.8. CO. Survey, Abstract 219, Brazoria County, Texas, being part of Lot 6 and 7 in Block 6, of Hickory Creek Place a subdivision recorded in Volume 11, Page 1 of the Plat Records of Brazoria County, Texas, being all of a Tract conveyed unto Martin Paper Co. by deed recorded under County Clerk's File No. 1995014570 of the Official Records of Brazoria County, Texas. General Location: 2125 Garden Road, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner presented the Staff report and exhibits and reported that Staff recommends approval for the following reasons: 1. The existing building structure cannot structurally support traditional masonry material.2 1 2. The building has been in existence in its current configuration since the 1970's. 3. The proposed use is in conformance with the FLUP, zoning district, and surrounding properties. 4. The intent of the G/0 -MU zone was to provide a district that allows for continuation of specific nonresidential land uses that have been in existence along Garden Road and O'Day Road for a long period of time, while also ' respecting the residential uses that have developed and now co -exist with the No Staff Wrap Up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Richard Le, Applicant, 3103 Springdale Dr. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Gary Moore made a brief comment to applicant regarding CUP use. No comments from the P&Z Commission. Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit Application No. CUP 16-00005 at 8:07p.m. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 16-00006 @ 8:07 p.m. ' P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. APPLICATION INFORMATION AND CASE SUMMARY 7 JPH MINUTES -SEPTEMBER 26, 2016 Senior Planner presented the Staff report and exhibits and reported that Staff recommends approval forthe following reasons: 1. The site was previously used for an industrial use. While this CUP is for a change ' of use, the intensity of the use will be similar in nature. 2. The proposed use is in conformance with the FLUP, zoning district, and surrounding properties. 3. The applicant proposes additional screening for the outside storage areas with landscaping as per the UDC. Russ Wilkens, Applicant, 8511 Industrial Dr., gave a brief presentation No Staff Wrap Up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone, Derrick Reed, Gary Moore, Greg Hill and Trent Perez were in favor of the CUP. No comments from the P&Z Commission. Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit , Application No. CUP 16-00006 at 8:14 p.m. PURPOSE OF HEARING MayorTom Reid opened the public hearing for Conditional Use Permit Application No. CUP 16-00003 @ 8:14 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Conditional Use Permit Application No. CUP 16-00003 A request of Y Ali Khan, applicant, on behalf of Kevin Ngo, owner; for approval of a Conditional Use Permit to allow a hotel/motel in the General Business (GB) zoning district; on approximately 1.8060 acres of land. Legal Description: Being 1.8060 acre (78,667 square feet) tract of land and being a portion of Lot 80 of the Allison Richey Gulf Coast Home Company's Subdivision as recorded in Book 2, Page 23 Brazoria County map Records in the H.T.& B.R.R. Company Survey Abstract 506, Brazoria County,Texas. General Location: 8541 Broadway Street (west of Cullen Boulevard on the , northwest corner of intersection of Broadway Street and the USPS access driveway), Pearland, TX. 8 JPH MINUTES -SEPTEMBER 26, 2016 APPLICATION INFORMATION AND CASE SUMMARY Senior Planner presented the Staff report and exhibits and reported that Staff does not recommend approval for the following reasons: 1. Overall the site is too narrow to fit the proposed use. For example, the plan shows the exits of the hotel rooms facing onto the service entrance/exit driveway of the post office to the east where a planting area of five -feet along the east property line is shown. In some areas along the east property line, the proposed landscape strip is reduced to two -feet (2'). The plan also shows the hotel's entrance facing the rear of the commercial building to the west where a two -foot two-inch (22") landscape strip is shown. These proposed areas are not wide enough for a plant to survive. 2. kis not anticipated that the proposed use will have significant positive impacts on surrounding properties or developments, or add value to the area. There is already an existing supply of hotel rooms in the area with both La Quinta and Candlewood Suites within a third of a mile from this site. 3. The subject site, that is located in the middle of a block with limited access to other adjacent lots, is not an appropriate location for this use. If the CUP approval is considered, Staff will recommend conditions. All Khan, Applicant, gave a brief presentation. No Staff Wrap Up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST ' None. COUNCILIPLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid and Councilmembers Trent Perez, Greg Hill, Keith Ordeneaux, Gary Moore, Derrick Reed and Tony Carbone were not in favor of the CUP due to concerns that the overall site is too narrow to fit the proposed use and egress access is restricted. Would like a better working site plan. Mr. Ali Khan made comments on the access and detention ponds. P&Z Chairperson, P&Z Vice -Chairperson Thomas Duncan and P&Z Commissioner Mary Starr concerns were driveway and shared access to the said property. Director of Community Development Lata Krishnarao comments were to make changes to said property. Deputy City Attorney Lawrence Provins informed Staff that any changes to site plan of said property would require to a resubmittal to Council. Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit Application No. CUP 16-00003 at 8:33 p.m. JPH MINUTES—SEPTEMBER 26, 2016 PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Purpose of the Workshop @ 6:33 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. ' Input and Discussion: A request of David Ferrette, Applicant; on behalf of Anthony and Kimberly Giuliani; owners; for a joint workshop regarding a proposed Planned Development known as "Pearland Assisted Living and Independent Living" a proposed senior living facility with independent living, assisted living, and memory care functions, including approximately 9.6135 acres of land located on the east side of Dixie Farm, south of the intersection of Broadway Street and Dixie Farm Road, 3205 Dixie Farm Road, Pearland, TX. Director of Community Development Lata Krishnarao presented Staff report and informed that Staff is seeking input regarding proposed facility uses. David Forrette, Applicant, 13115 Four Star Blvd., Austin TX., gave a brief overview and was available for questions. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid and Councilmembers Tony Carbone, Gary Moore, Derrick Reed, Keith Ordeneaux, Greg Hill and Trent Perez were not in favor of proposal and had concerns regarding multi -family use versus the proposed assistant living use, the size of the property fi,re ' buffering, parking for multi -family and the height of the building. Issues with detention, access, building over pipeline easement and the proposed PD not being a value to Pearland were discussed. Mrs. Krishnarao made comments on the multi -family use and Deputy City Attorney Lawrence Provins gave explanations on the uses and what the Hope exemptions were. P&Z Chairperson Daniel Tunstall, P&Z Vice -Chairperson Thomas Duncan and P&Z Commissioner Darrell Isenberg were not in favor of the proposal due to concerns with the 25 foot set back, noise level without a masonry wall, four story element and the pipeline easement. The applicant addressed the concerns mentioned. Mrs. Krishnarao clarified the definition for Assistant Family Facility from the UDC. Mayor Tom Reid adjourned the public hearing for Purpose of the Workshop @ 9:14 p.m. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Purpose of the Workshop @ 9:15 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Amendments to the Unified Development Code (UDC) Notice is hereby given that on September 26, 2016 at 6:30 p.m., the City Council , and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct ajoint public hearing in the Council 10 JPH MINUTES -SEPTEMBER 26, 2016 Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of the City of Pearland, for proposed amendments to the Unified Development Code, Ordinance No. 2000T. APPLICATION INFORMATION AND CASE SUMMARY Director of Community Development Lata Krishnarao presented the Staff Report and proposal to make changes to Unified Development Code in two categories: Land Use Matrix and Lightening Standards. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid and Councilmembers Trent Perez, Greg Hill, Keith Ordeneaux, Gary Moore, Derrick Reed and Tony Carbone had concerns with requirements on limit lumpiness candles, bleed over from businesses and parks, the use of trees/shrubs for cover of light, the need for better and specific lighting standards, and amendment of the PDs for CUPS for liquor sales. P&Z Chairperson Daniel Tunstall and P&Z Commissioner Derrell Isenberg concerns were ' with the direction and height of the light poles in regards to safety and LED lights around business windows. Mayor Tom Reid adjourned the public hearing Amendments to the Unified Development Code (UDC) @ 7:40 p.m. 1 These minutes are respectfully submitted by: �M �/`� r i Alma GoAZIalesLOffice Assistant Minutes approved as submitted on this 20"' day of March, 2017 A.D. �� R" Mayor Tom Reid 11 JPH MINUTES -SEPTEMBER 26, 2016 THIS PAGE LEFT BLANK INTENTIONALLY i