2017-11-20 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
MONDAY NOVEMBER 20, 2017 AT 6:30 P.M., IN THE SECOND FLOOR TRAINING
ROOM — PUBLIC SAFETY BUILDING — 2555 CULLEN PARKWAY
CALL TO ORDER
Mayor Pro -Tem Derrick Reed informed Council and the P&Z Commission that Mayor Tom
Reid would not be present and opened a series of public hearings at 6:30 p.m.
The following were present:
Council Member Tony Carbone
Council Member Gary Moore
Council Member David Little
Council Member Trent Perez
Council Member Keith Ordeneaux
Council Member Woody Owens
Council Member Derrick Reed
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Derrell Isenberg
P&Z Commissioner Mary Starr
Also present were Deputy City Manager Jon Branson, Assistant City Manager Trent
Epperson, Deputy City Attorney Lawrence Provins, Community Development Director John
McDonald, City Planner Jimontanae McBride, Senior Planner Martin Griggs, Associate
Planner Vince Hustead, Planner Armon bones, Planning Technician Samin Bazargan,
President, PEDC Matt Buchanan, Director of Engineering Robert Upton, Associate
Engineer Matt Brown and Office Assistant Alma Gonzales
Mayor Pro Tem Derrick Reed opened the public hearing for Zone Change Application No.
ZONE 17-00021 at 6:30 p.m.
P&Z Chairperson Daniel Tunstall opened the public hearing for Zone Change Application
No. ZONE 17-00021 at 6:30 p.m.
Senior Planner Martin Griggs explained the order of agenda and the format of the hearing.
P&Z Chairperson Daniel Tunstall read into record the request for the Zone Change
Application No. Zone 17-00021
PURPOSE OF HEARING
Zone Change Application No. ZONE 17-00021
' A request of Cortland Partners, applicant, on behalf of VOTL Holdings LLC, owner; for approval of
a change in zoning from an Planned Development (PD) to a Planned Development (PD) zoning
district; on approximately 27.4346 acres of land
JPH Minutes —November 20, 2017
Legal Description: Being Lot A and Lot B, 27.4346 acre (1,195,052 square foot) tracts of land
located in the A.C.H. & B. Survey, A-507 and the H. Stevens Survey, A-594, City of Pearland,
Brazoria County, Texas, and being a part of the lands described in deed to R. West Development
Co., Inc. recorded under Brazoria County Clerk's File No. 99-04066, and a deed to Ravenwood ,
Section 3, Ltd. Recorded under Brazoria County Clerk's File No. 02-037050, both of the Official
Public Records of Brazoria County, Texas.
General Location: 4055 Village Drive, Pearland, TX
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs presented the staff report and exhibits. Mr. Griggs informed
that there were one notice received in opposition of the request and two phone inquiries.
Staff recommended approval of the requested reinstatement and amendment to the
previously approved Planned Development #25 on the approximately 27.4346 acre site for
the following reasons:
1. The proposed reinstatement and amendment to the Planned Development (PD)
implements the policies of the Comprehensive Plan. The Future Land Use Map land use
classification for this site of Medium Density Residential. The proposed density is
proportional to that of the base R-4 zoning classification. The proposed changes bring the
existing site conditions into conformance with the UDC while continuing to provide
concessions which were granted from the previous development code. The deviations are
generally summed into four categories: specified use, setbacks, open space, and site
layout.
2. The proposed uses and those previously permitted in the expired PD are the same within
and the standards applicable to such uses will be appropriate in the immediate area of the ,
land to be reclassified.
3. The proposed changes are in accord with existing or proposed plans for providing public
schools, streets, water supply, sanitary sewers, and other public services and utilities to the
area. The applicant plans to construct the concrete roadway to provide secondary access
to the second phase of the development.
4. There are no other factors which will substantially affect the public health, safety, morals,
or general welfare.
Applicant, Stephanie White with Kimley Horn, 2800 South Texas Ave #201, Bryan, TX
77802, made a brief presentation and was available for questions and comments.
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Trent Perez asked the applicant about the secondary means of egress and
if the access would be a full roadway section, Ms. White agreed that they would be building '
a road way section down to Industrial Rd. and the road would be a 24 foot road driveway
with roadside parts which was city standard. Mr. Perez was fine with the development.
Councilmember Tony Carbone asked for clarification on the single garden style apartments
JPH Minutes -November 20, 2017
that Ms. White had mention during her presentation, Ms. White gave an explanation that
garden style development typically applies multi -story, multi -unit development and this
project would be 6 individually single level homes connected together with individual
' tenants. Councilmember Keith Ordeneaux commented that when he thinks of garden style
apartments he thinks of multi-level but it being single level makes a difference for him
because of the upkeep would not be an issue like the older complexes in town. Mr. Perez
commented that not a whole lot is planned for this land and does not reject to the garden
style apartments. Deputy City Attorney Lawrence Provins made aware to Council that any
place that is an adult active community could lose that exemption from the fair housing act
by not following or complying and could be opened up to anybody.
P&Z Commissioner Mary Starr commented on the difference of having an active adult
complex rather than a regular complex. P&Z Chairperson Daniel Tunstall asked Staff what
the reasons were from the comment forms received back, Mr. Griggs provided the
comments. Mr. Tunstall asked about the site plan showing access to the lake area and
would that be part of the development, Ms. White explained that yes it would be documented
and there is an existing agreement. Mr. Tunstall is glad to see the project being finished.
Mayor Pro Tem Derrick Reed adjourned the public hearing for Zone Change Application
No. Zone 17-00021 @ 6:50 p.m.
Mayor Pro Tem Derrick Reed opened the public hearing for Amendments to the Unified
Development Code (UDC) No. (T-27) ZONE 17-00022 @ 6:50 p.m.
P&Z Chairperson Daniel Tunstall opened the public hearing for Amendments to the Unified
' Development Code (UDC) No. (T-27) ZONE 17-00022 @ 6:50 p.m.
P&Z Chairperson read into record the request for Amendments to the Unified Development
Code (UDC) No. (T-27) ZONE 17-00022
PURPOSE OF HEARING
Amendments to the Unified Development Code (UDC) No. (T-27) ZONE 17-00022
A request of the City of Pearland, for proposed amendments to the Unified Development
Cade, Ordinance No. 2000T-27.
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs presented the staff report and exhibits. Mr. Griggs informed
that there were no public comment forms or phone calls received regarding the request.
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
' None
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Tony Carbone asked Staff a question regarding section 2.5, 3.3A letter B,
would be specific GC, Mr. Griggs explained. Mr. Carbone asked if it would be spelled out in
3
1PH Minutes — November 20, 2017
the amendment, Mr. Griggs would make sure it would be. Mr. Carbone asked about letter
E drive-thru windows not being permitted. Mr. Provins explained on that specific issue if the
drive thru window is visible from the street, TABC may not approve. Councilmember Gary
Moore asked if it cannot be written in by TABC rules. Mr. Carbone asked about the buffer '
radiuses and if there were any maps available to see what it looked like. Councilmember
Keith Ordeneaux liked the last edition for the buffer space but in regards to the liquor store
amendments asked where the 25 feet come from, Mr. Griggs informed, Mr. Ordeneaux
struggled with the purpose for the amendment to check cashing services and liquor stores
and asked Staff the difference between a drive -up and a drive thru lane, Mr. Griggs gave
an explanation. Mr. Ordeneaux commented on letter G and the UDC requirements since
everything has to follow those requirements. Councilmember David Little asked on the
15,000 square foot microbrewery maximum size included parking lot, Mr. Griggs informed
no. Councilmember Trent Perez commended Staff on the amendments presented and
made comments on item H on the liquor stores he would like more defined terms/
clarifications and comments on the 300 foot requirement, Mr. Griggs informed R would be
300 foot from property line to property line. Mr. Perez would like to increase the requirement
of all alcohol sales near schools to the maximum allowable. Mr. Trent had concerns with
the tree mitigation requirements. Councilmember Woody Owens made comments that the
amendments are a lot better than it was but is not in favor of liquor stores and the radius
between residents. Mr. Owens prefers liquor stores to only sale liquor. Councilmember Gary
Moore asked for drive-thru/package store clarification. Mr. Provins gave explanation. A
discussion ensued on liquor and beer sales and the differences.
P&Z Commissioner Derrell Isenberg commented on the density of liquor stores on one part
of the town.
Deputy City Attorney Lawrence Province explained that the reason for an amendment to '
the tree mitigation was to make it compliant with state law. A section was added for
residential property, the tree mitigation fee credit is 50%, for non-residential the fee would
be 40%.
Councilmember Keith Ordeneaux asked Staff how the amendment would affect liquor
stores that are allowed by right, Mr. Provins explained the PD amendment and explained
the intent was to put in the restrictions for a CUP approval. Councilmember Gary Moore
asked how many liquor stores had applied for a CUP since the last one that was approved,
Senior Planner Martin Griggs answered there had not been any new applications since the
last approval. Councilmember Trent Perez made comments he would like a couple of items
addressed. Mr. Perez asked Council if anyone would be opposed to increasing the space
between liquor stores and schools. Councilmember Derrick Reed commented he was not
opposed to increasing to 500 feet. Mr. Perez asked if anyone was opposed to the tree
mitigation credit for tress that are required by UDC. Mr. Provins clarified the tree
requirements and fees for lots and landscaping. Deputy City Manager Jon Branson made
comments on the tree mitigation credit and caliber of trees. Mr. Reed discussed the
separation requirement space for the different types of schools. A discussion ensued by
Council in regards to the schools and sale of liquor.
Deputy City Attorney Lawrence Provins asked clarification from Council if there was anyone '
who wanted the P&Z Commission to consider for allowing credit for trees that are already
required by the UDC, would Council wish for P&Z to pass the Rem and get additional details
or to adopt now and comply with state law and allow for a change for future credit. Council
JPH Minutes —November 20, 2017
wished for state law. Mr. Provins asked Council about changing the distance between
schools and liquor stores, does Council want Staff to come up with the distance number or
expect P&Z to come up with a number they thought would be reasonable. Discussion of the
' number from property to property line ensued. Council agreed to have Staff look at it and
present that number to Council.
Mayor Pro Tem Derrick Reed adjourned the public hearing for Amendments to the Unified
Development Code (UDC) No. (T-27) ZONE 17-00022 @ 7:33 p.m.
These minutes are respectfully submitted by:
"WIr
lb
Alma Gonz es, ffice Assistant
Minutes approved as submitted on this 11th day of December, 2017 A.D.
Mayor Tom Reid
1
1
s
JPH Minutes —November 20, 2017
THIS PAGE LEFT BLANK INTENTIONALLY
1
1