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2015-01-05 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 January 5, 2015, AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE CALL TO ORDER Mayor Tom Reid called to order the series of public hearings at 6:30 p.m. for the City Council and P&Z Chairperson Henry Fuertes for the Planning and Zoning Commission. The following were present: Mayor Tom Reid Mayor Pro Tem Keith Ordeneaux Council Member Tony Carbone Council Member Scott Sherman Council Member Gary Moore Council Member Greg Hill Chairperson Henry Fuertes Vice Chairperson Daniel Tunstall P&Z Commissioner Derrick Reed P&Z Commissioner Elizabeth McLane P&Z Commissioner Ginger McFadden Also present were City Attorney Darrin Coker, City Planner Johnna Matthews, Senior Planner Ian Clowes, Director of Community Development Lata Krishnarao, Interim City Engineer Richard Mancilla, Deputy City Manager Jon Branson, Assistant City Manager Trent Epperson, President of Pearland Economic Development Corporation Matt Buchanan and Office Assistant Jennifer Tatum. City Planner Johnna Matthews presented the public hearing process and order of the agenda. Mayor Tom Reid opened the public hearing for Zone Change Application No. 2014-22Z at 7:06 p.m. PURPOSE OF HEARING Zone Change Application No. 2014-22Z A request of Alan Mueller, applicant; on behalf of The Felton M. and Mary C. Baker Revocable Trust, owner; for approval of a change in zoning from the General Commercial (GC) and Office and Professional (OP) zoning districts, to a Planned Development (PD) known as Baker's Landing; on approximately 79.94 acres of land, to wit: Legal Description: All of that certain 79.94 acres of land, located in the A.C.H. & B. Survey, Section 1, A-147 and in the H.T. & B.R.R. Co. Survey 11, A-239, Brazoria County, Texas, out of the tracts of land described as Lots A, B, C, D, E, G, H, I, J, K, L, M, N, 0, P, Q, R, S, T, U and V", and 2.011 acres in the deed from Felton M. Baker and wife, Mary C. Baker to the Felton M. and Mary C. Baker Revocable Trust, recorded under Document Number 2005011939, of the Official Records of Brazoria County, Texas Page 1 of 4 — 1/5/2015 General Location: Between Main Street (SH 35) to the west and Old Alvin Road to the east; and south of East Walnut Street, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY City Planner Johnna Matthews read the staff report and stated there were issues brought up at the joint workshop that had not been addressed yet. Ms. Matthews stated this PD did not meet Village District or PD requirements and that staff could not recommend approval at this time. Mr. Alan Mueller, 4201 Broadway Pearland TX 77581 stated that they removed all multifamily as requested. Mr. Mueller stated the Baker family funded a study and it showed high demand for single and multifamily use but no demand for retail. Mr. Mueller stated they want to comply with the city, but might not be able to with certain things. Mr. Mueller also addressed the following items: • 50 foot lots were eliminated • Added masonry requirement on homes • Exceeds 20 % open space requirement • 8 different floor plans • Added additional perimeter masonry fence to existing non- residential • Added fence elevations • Curb extensions • Provided minimum tree, plants, and landscape Mr. Gary Baker, owner, 3506 Lockheed Pearland TX stated he and his family have been trying to develop this land for 10-12 years and asked Council to reconsider the zoning. Mr. Jerry Koza Jr 2823 Knobhill Pearland TX 77581 spoke in opposition. Mr. Koza stated he would like to see the property stay commercial to maximize tax base. Mr. Koza also stated a fence going down Hwy 35 is not a nice look. Mr. Eric Pearson, 304 Oak Dr. Friendswood TX owns commercial metal buildings and airplane hangars near this property and he was concerned with regards to drainage. Mr. Pearson stated he has spent a significant amount of money on culverts. Mr. Pete Moreno, 3412 Lockheed Pearland TX, spoke in opposition of the zone change. Mr. Steve Robinson, 7918 Broadway Pearland TX, listing agent for Bakers property, spoke in support of the zone change. Mr. Robinson stated there was not a demand for retail in this area and the market called for residential. Mr. Matt Cabler, 3411 Westminister Pearland TX, spoke in support of the zone change. Council Member Greg Hill inquired in regards to multi -family, if town homes and patio homes would have exclusive ownership value. Mr. Alan Mueller stated they might be turned into rentals, currently have 250-260 lots, which came down from 280. Mr. Paul Grohman stated there was a demand for multi -family and that the lots were smaller than the lots across the street. Council Member Greg Hill inquired about patio homes. Mr. Grohman stated it was too difficult to get financing. Mr. Hill inquired about the park space to the east on the property. Mr. Grohman stated that it was made up of trails and trees. Mr. Hill stated the comprehensive plan was approved for diversified housing and that he was not 100% against this. Mr. Paul Grohman stated that there are a lot of vacant lots on Hwy 35, 100's of acres and in order to get things going, more homes are needed. Mr. Hill stated the city has a plan and knows what they want it to look like. Mr. Hill stated that we needed to keep in mind the fly over bi-level freeway that might go in. He is not sure if that will happen, but would not be good for a subdivision. Mr. Mueller stated a PEDC market study showed the need for 800 homes in the corridor. Mayor Tom Reid stated high density developments usually have cars parked in the streets. Mr. Alan Mueller stated 2 can park in the driveway, 1 in the street, and 1 in the garage. Mr. Reid inquired what the fire department thought. Mr. Mueller stated they were satisfied. Mayor Pro Tem Keith Ordeneaux stated there was no commercial or multi -use, that this was a residential development. Mr. Ordeneaux stated he did not want to see residential or garden style on State Hwy 35. Council Member Scott Sheridan stated staff had 5 changes and inquired what the costs would be. Mr. Paul Grohman stated $230,000 for the fence, $70,000 for #3, $6,000- $8,000 to join Grand Avenue, and $125 a square foot for masonry wall. Council Member Tony Carbone stated that commercial made sense on Hwy 35, yet some commercial tracts have sat vacant. Mr. Carbone stated he did not see an issue with this development, even though it was not ideal. Mr. Carbone stated that it was not right to push back on the land owner and that he was in favor. Council Member Gary Moore stated he wanted State Hwy 35 to remain Commercial. Council Member Greg Hill stated there were not any homes that abutted Hwy 35, and that this would be the first time if the zone change passed. Mr. Hill suggested shifting the green space to abut Hwy 35. P&Z Commissioner Ginger McFadden stated that the proposal does not provide diversity. Page 3 of 4 — 1/5/2015 P&Z Vice Chairperson Daniel Tunstall stated that this was not a PD, it was a zone change, and that he did not understand the traffic calming. Mr. Tunstall stated that parking on 55 foot lots would be an issue. Mayor Tom Reid adjourned the public hearing process for Zone Change No. 2014-22Z at 8:30 p.m. These minutes are respectfully submitted by: Jennifer Tatum, Office Assistant Minutes approved as submitted on this 5th day of January, 2014 A.D. Mayor Tom Reid