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Home My WebLink About2019-06-17 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 MONDAY, JUNE 17, 2019 AT 6:30 P.M., COUNCIL CHAMBERS, PEARLAND CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Mayor Tom Reid opened a series of public hearings at 6:55 p.m. The following were present: Council Member Luke Orlando P&Z Chairperson Daniel Tunstall Council Member Derrick Reed P&Z Vice — Chairperson Thomas Duncan Council Member Trent Perez P&Z Commissioner Mary Starr Council Member Gary Moore P&Z Commissioner Julie Ward Council Member Woody Owens P&Z Commissioner Troy Pradia P&Z Commissioner Layni Cade Also present were Deputy City Attorney Lawrence Provins, Community Development Director John McDonald, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner Vince Hustead, Director of Engineering Robert Upton, Assistant Director of Engineering Raj Shrestha and Office Assistant Alma Gonzales P&Z Chairperson Tunstall read into the record Zone Change Application No. Zone 19-00012 Council Member Perez recused himself and not Include himself in discussions from item no. one on the agenda due to advising one of the applicants prior to being elected to City Council. Senior Planner Bireima presented the order of agenda and format of the meeting PURPOSE OF HEARING Zone Change Application No. Zone 19-00012 A request by Kevin Cole, applicant, on behalf of Great Barrier, LLC (Series D), owner, for approval of a zoning change from General Commercial District (GC) to Planned Development District (PD), on approximately 0.439 acres of land; to wit: Legal Description: Tract (1): Being a tract containing 0.146 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.2152 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No. 2007037608; being out of and a part of Lots 5 and 6, JPH Minutes—lune 17, 2019 Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas. Tract (2): Being a tract containing 0.097 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.1435 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No. 2008057966; being out of and a part of Lot 9, Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas. Tract (3): Being the residue of Lots 7 and 8 of Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, out of Tract 6B of the Subdivision of Section No. 11, situated in the H.T. & B.R.R. Survey, Abstract No. 239, Brazoria County, Texas, described in Deed to Elias Garcia, Jr. and Eufemia Garcia recorded in Vol. 797, Page 386 of the Deed Records of Brazoria County, Texas, Less, Save and Except a previously conveyed 0.0689 acre tract recorded by Deed in File No. 2013033107 of the Official Records of Brazoria County, Texas. General Location: 3718, 3804 & 3808 E. Walnut Street, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Mr. Bireima presented the Staff Report with exhibits informed there were no comments or inquiries received from the public and Staff recommended approval of the request for zone change from GC to Bakers Landing PD on the approximate 0.439 acres of land for the following reasons: (1) The land covered by the proposed PD addendum meets one or more of the criteria for a PD district classification; (2) The proposed PD addendum furthers the policies of the City's adopted Comprehensive Plan; (3) The proposed PD addendum results in a superior development than could not be achieved through conventional zoning classifications; (4) The proposed PD addendum resolves or mitigates any compatibility issues with surrounding development; and (5) The proposed uses in the proposed PD addendum are compatible with existing and planned adjoining uses. Applicant Representative, Kevin Cole with Great Barrier,LLC 3808 Houston Lake Dr. Pearland TX 77581, introduced Mrs. Karen Jantz with Bakers Landing Partnership, gave a brief presentation and was available for comments and questions. No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION No comments from City Council 1PH Minutes—June 17, 2019 No comments from the P&Z Commission P&Z Chairperson Tunstall read into the record Zone Change Application No. Zone 19-00013 PURPOSE OF HEARING Zone Change Application No. Zone 19-00013 A request by Chad Thumann, Sideline Investments, LLC., applicant, on behalf of THV Properties, LLC, owner, for approval of a zoning change from Single-family Estate District (R -E) to Single-family Residential -4 District (R-4), on approximately 79.1925 acres of land; to wit: Legal Description: Being all of a tract or parcel of land containing 79.1925 acres of land, part of so called West '/3 of the Northeast '/4 of Section 32, also being known as Lot 3-A, situated in the H.T. & B.R.R. Company Survey, Abstract No. 525, Brazoria County, Texas. General Location: 6700 Block of McKeever Road (CR 100), Pearland, Texas. Senior Planner Bireima presented the Staff Report with exhibits informed there were no comments or inquiries received from the public and Staff did not recommend approval of the requested zone change and does not meet the criteria for approval as follows: (1) The proposed zoning change for Single-family Residential -4 District (R4) is inconsistent with the policies of the adopted Comprehensive Plan, including the "Suburban Residential' classification of the property on the Future Land Use Map; (2) The proposed uses and density permitted by the proposed zoning change and the standards applicable to such uses are not appropriate in the immediate area of the land to be reclassified; and (3) The proposed zone change classification and residential density are not consistent with the existing plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to the area. Applicant, Chad Thumann with Sideline Investments, 7918 Broadway Pearland TX 77581, gave a brief presentation and was available for comments and questions. Planning Manager Mr. Griggs reminded City Council and the P&Z Commission that the zone request was for the land and all items mentioned were not a guarantee only a guarantee of possible smaller lots with the R4 request. Director of Engineering Mr. Upton discussed the Massey Oaks development water and sewer lines connections and dedicated portion of roadway associated with this property. Senior Planner Mr. Bireima explained the difference of zoning districts between the Massey Oaks development and the said property requesting the zone change. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST ENone JPH Minutes—lune 17, 2019 COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Owens asked applicant if this development would be beneficial with having 289 lots of R4 homes, Mr. Thumann explained it would benefit and was confident the zone change would be good. Director of Engineering Mr. Upton informed that preliminary drawings were being reviewed in terms of layouts of water lines. Council Member Owens added that he was not a big fan of R4 properties. Council Member Moore asked applicant why a zone change was requested and not presented as a Planned Development (PD), Mr. Thumann explained the process and expense would be lengthy. Council Member Perez informed that Mr. Thumann and he have business interests not related to this project. Mr. Perez asked Mr. Thomann if his intention was to get an average density of 6000, Mr. Thumann informed yes and he would not receive 100% of the MUD reimbursement. Mr. Perez asked City Attorney Darrin Coker if the request was changed to an R4 zone change could a max density of 30% or 5000 square feet be included in the development agreement, Mr. Coker explained the zoning designation. Mr. Trumann informed that he would be interested in a split zoning option. Council Member Reed agreed that a PD would be the way to go but also understood the costs associated with a PD. Director of Community Development McDonald informed of the Development Agreement for the property. Commissioner Ward asked in regards to notifications, what the existing Right of Way (ROW) was on McKeever Road, Planning Manager Griggs explained the property to the north is outside of the city limits therefore notifications did not get mailed to those properties. Vice Chairperson Duncan made a comment that the property should be re -zoned and not the development. Commissioner Starr was in favor of R4 zone change. Chairperson Tunstall was not in favor of R4 zoning and thought the options could be for a Planned Development (PD) or a Cluster Development. Commissioner Cade did not think a PD would be feasible. Mr. Thumann informed he was not interested in going through the PD process for this property. A discussion ensued regarding Cluster plans, R4 zoning and split zoning. Councilmember Perez discussed with Deputy City Attorney Provins and Mr. Thomann the approval of a zone change with a Cluster plan. Councilmember Moore asked about water and fire capabilities on the development, Director of Engineering Upton informed there would be infrastructure capabilities for future development. Councilmember Owens had concerns with the costs the applicant would endure if the zoning was approved for R4, Mr. Thomann explained the costs would mimic the Massey Oaks development. P&Z Chairperson Tunstall read into the record Zone Change Application No. Zone 19-00001 PURPOSE OF HEARING Zone Change Application No. Zone 19-00001 1 JPH Minutes—June 17, 2019 A request of Justin Barnett, R. West Development Co, Inc., applicant, on behalf of Triangle 31 LLC, owner, for approval of a zoning change from Single-family Residential -4 (R-4) and Light Industrial (M-1) to Planned Development (PD); on approximately 62.46 acres of land. Legal Description: Being a 62.46 acres tract of land located in the H.T. & B RR Company Survey, Abstract No. 551, Brazoria County, Texas, said 62.46 acre tract also being out of a called 38.57 acre tract conveyed to Forgotten Angels Inc. as per an instrument recorded under Brazoria County Clerk's File No. 05-002608 of the Official Records of Brazoria County, Texas and a called 31.628 acre tract as per an instrument recorded in Volume 92- 1024, Page 275 of the Official Records of Brazoria County, Texas. General Location: 3900 Block of Pearland Parkway, Pearland, Texas. Planning Manager Griggs presented the Staff Report with exhibits informed there were no comments or inquiries received from the public and Staff did recommend approval as follows: Staff recommends that additional precautions in the form of enhanced setbacks be made as part of the approval to ensure the safety of future residents of these properties. Staff recommends that a geotechnical report be approved prior to any building permits being issued for the areas previously within the boundaries of those former ponds. Applicant representative Justin Barnett, 7918 Broadway, Pearland TX 77581 was available for comments or questions. Planning Manager Griggs discussed the mobility deviation and the decrease in maximum building height. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Renee McGuire, 7918 Broadway #104, Pearland TX 77581, and Kevin Cole, 3808 Houston Lake Drive, Pearland TX 77581 were both in favor of the request. Ross Phillips, 4915 Pecan Grove dr., Pearland TX 77584 representing an adjacent property owner was opposed to the request. COUNCIL/PLANNING COMMISSIONISTAFF DISCUSSION Councilmember Perez had concerns with the thoroughfare egress on Industrial Drive. Councilmember Moore commented on the deviations in the Unified Development Code (UDC). Councilmember Owens had concerns with the needed development on Industrial Drive. Commissioner Starr thought it would be a good development and should move forward. Commissioners Cade, Pradia and Ward were in favor of the request and thought it would be an asset to the property. Chairperson Tunstall had concerns with the two large pipeline easements and the landfill that was 1,500 feet from the property, he would be opposed to the request. i Planning Manager Griggs added that this was a good project but not the right location. JPH Minutes — lune 17, 2019 ADJOURNMENT Mayor Tom Reid adjourned the public hearing at 8:48 p.m. These minutes are respectfully submitted by: J Alma Gonz I s, O is Assistant Minutes approved as submitted on this 9th day of September 2019 A.D. Mayor Tom Reid J n JPH Minutes—lune 17, 2019