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JOINT PUBLIC HEARING
THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE
CITY OF PEARLAND, TEXAS,
MONDAY, MARCH 17, 2014, AT 6:30 p.m.
COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE
I. CALL TO ORDER
II. PURPOSE OF HEARING
Zone Change No. 2014-1Z
A request of Kevin Cole, applicant; on behalf of Tin Dinh, owner; for approval of a
change in zoning of two tracts of land totaling approximately 20 acres each for a
total of 40 acres from a Single Family Estate (R-E) and a Suburban Development
(S-D) zoning district to a Single Family Residential 1 (R-1) zoning district, on the
following described property, to wit:
Legal Description: Forty (40) acres of land identified as Tract 1 (20 acres) and
Tract 2 (20 acres) out of the H.T & B. R.R. Company Survey, Abstract 547,
Volume 2, Page 51 of the records of Brazoria County, Texas
General Location: North of Bailey Road, between County Road 107 F (CR 107
F) to the west and Manvel Road to the east
III. APPLICATION INFORMATION AND CASE SUMMARY
A. Staff Report
B. Applicant Presentation
C. Staff Wrap Up
IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
VI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing, City Secretary, at 281.652.1840 prior to the meeting so that
appropriate arrangements can be made.
Page 1 of 1 — 3/17/2014
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JOINT PUBLIC HEARING
THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE
CITY OF PEARLAND, TEXAS,
MONDAY, MARCH 17, 2014, AT 6:30 p.m.
COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE
I. CALL TO ORDER
II. PURPOSE OF HEARING
Zone Change No. 2014-02Z
A request of Steven Biegel, applicant; on behalf of America Modern Green
Development, LLC., owner; for approval of a zone change from the Waterlights
Planned Development (PD) to the Modern Green-Ivy District PD, on
approximately 48.5 acres of land on the following described property, to wit:
Legal Description: That portion of Lot 5 of the subdivision of James Hamilton
Survey, Abstract No. 881, a portion lying within Harris County, Texas and the
remainder lying within Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 83, Page 342 of the deed records of Harris County,
Texas.
General Location: Southwest corner of Spectrum Boulevard and State Highway
288
III. APPLICATION INFORMATION AND CASE SUMMARY
A. Staff Report
B. Applicant Presentation
C. Staff Wrap Up
IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
VI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing, City Secretary, at 281.652.1840 prior to the meeting so that
appropriate arrangements can be made.
Page 1 of 1 — 3/17/2014
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TEX AS
JOINT PUBLIC HEARING
THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE
CITY OF PEARLAND, TEXAS,
MONDAY, MARCH 17, 2014, AT 6:30 p.m.
COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE
I. CALL TO ORDER
II. PURPOSE OF HEARING
Conditional Use Permit No. CUP 2014-02
A request of Denbury Resources, Inc., applicant; on behalf of Pat O'Day Estates,
owner; for approval of a Conditional Use Permit to allow for Petroleum Product
Extraction in the Heavy Industrial (M-2) District, on the following described
property, to wit:
Legal Description: A ten (10) acre tract of land out of a 25 acres off the south
side of a tract of land composed of two (2) contiguous parcels known as tract
number one hundred and eighty (180) out of Section twenty seven (27), recorded
in Volume 205, Page 398 and 399, H.T & B.R.R and Company Survey, in said
Brazoria County, Texas
General Location: Approximately 1,200 feet west of Main Street at Dixie Farm
Road.
III. APPLICATION INFORMATION AND CASE SUMMARY
A. Staff Report
B. Applicant Presentation
C. Staff Wrap Up
IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
VI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing, City Secretary, at 281.652.1840 prior to the meeting so that
appropriate arrangements can be made.
Page 1 of 1 — 3/17/2014
MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, MONDAY,
MARCH 17, 2014, AT 6:30 P.M., COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY
DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
Mayor Torn Reid opened a series of public hearings for the City Council, and P&Z
Chairperson Henry Fuertes opened for the P&Z Commission at 6:52 p.m.
In attendance were:
Mayor Torn Reid P&Z Chairperson Henry Fuertes
Mayor Pro Tern Greg Hill P&Z Vice Chairperson Mary Starr
Council Member Tony Carbone P&Z Member Elizabeth McLane
Council Member Keith Ordeneaux P&Z Member Derrick Reed
Council Member Susan Sherrouse P&Z Member Linda Cowles
Council Member Scott Sherman P&Z Member Daniel Tunstall
P&Z Member Ginger McFadden
Also in attendance were City Planner Johnna Matthews, Director of Community
Development Lata Krishnarao, City Attorney Darrin Coker, Assistant City Manager Mike
Hodge, City Manager Clay Pearson and Office Supervisor Judy Brown.
City Planner Johnna Matthews read the public hearing process.
Mayor Torn Reid opened the public hearing for Zone Change No. 2014-01Z at 6:53 p.m.
ZONE CHANGE NO. 2014-1Z
A request of Kevin Cole, applicant; on behalf of Tin Dinh, owner; for approval of a change
in zoning of two tracts of land totaling approximately 20 acres each for a total of 40 acres
from a Single Family Estate (R-E) and a Suburban Development (S-D) zoning district to
a Single Family Residential 1 (R-1) zoning district, on the following described property, to
wit:
Legal Description: Forty (40) acres of land identified as Tract 1 (20 acres) and Tract 2
(20 acres) out of the H.T & B. R.R. Company Survey, Abstract 547, Volume 2, Page 51
of the records of Brazoria County, Texas
General Location: North of Bailey Road, between County Road 107 F (CR 107 F) to the
west and Manvel Road to the east
Minutes of the
Joint Public Hearing
March 17, 2014
Page 1 of 6
P&Z Chairperson Henry Fuertes read the purpose of hearing into the record.
City Planner Johnna Matthews read the staff report stating the applicant had a desire to
construct a R-1 Cluster Plan Development with approximately 100-110 single family lots,
equating to a density of 2.5 — 2.75 dwelling units per acre. Staff recommended approval
of the zone change. Staff received 3 calls inquiring about the zone change.
Mr. Kevin Cole, 2800 E Broadway, Pearland, Texas spoke on behalf of the applicant with
regards to the narrow tract, split amenities with 95-100 lots, deeper lots at 155' in depth.
Mr. Cole stated they eventually will look at a Cluster Development Plan with the value of
the homes at $230,000 to $300,000.
There was no one present to speak for or against the zone change.
P&Z Chairperson Henry Fuertes stated he liked the project with deeper lots.
Mayor Tom Reid stated he felt it was good to bring this property in from the Extra
Territorial District (ETJ).
Mayor Tom Reid adjourned public hearing for Zone Change No. 2014-01Z at 7:11 p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No CUP 2014-02
at 7:12 p.m.
CONDITIONAL USE PERMIT NO. CUP 2014-02
A request of Denbury Resources, Inc., applicant; on behalf of Pat O'Day Estates, owner;
for approval of a Conditional Use Permit to allow for Petroleum Product Extraction in the
Heavy Industrial (M-2) District, on the following described property, to wit:
Legal Description: A ten (10) acre tract of land out of a 25 acres off the south side of a
tract of land composed of two (2) contiguous parcels known as tract number one hundred
and eighty (180) out of Section twenty seven (27), recorded in Volume 205, Page 398
and 399, H.T & B.R.R and Company Survey, in said Brazoria County, Texas
General Location: Approximately 1,200 feet west of Main Street at Dixie Farm Road.
P&Z Chairperson Henry Fuertes read the purpose of hearing into the record.
City Planner Johnna Matthews read the staff report stating the applicant was requesting
approval of a Conditional Use Permit to allow for the operation of Petroleum Extraction
Production within a Heavy Industrial (M-2) zoning district. The applicant proposed to drill
two new oil wellbores on the 10 acre site. Staff received no calls or comments regarding
this CUP. Staff recommended approval with one condition of approval:
Minutes of the
Joint Public Hearing
March 17, 2014
Page 2 of 6
AM lb, 1. The site shall be developed in accordance with the drilling and operation
guidelines as referenced in Chapter 21, 'Oil and Gas', of the City of Pearland's
Code of Ordinances, which include, but is not limited to the following regulations,
and are attached as Attachment 7:
• Pipeline location restrictions;
• Permit application materials required; and
• Notice of application
There was no one present to speak for or against the proposed Conditional Use Permit.
Council Member Scott Sherman commented on the 'no structures within 1000 s.f.'. City
Planner Johnna Matthews referred to the Code of Ordinance, Chapter 21.
P&Z Chairperson Henry Fuertes inquired if this would interfere with the extension of Dixie
Farm Road. Assistant City Manager Mike Hodge stated it would not.
P&Z Chairperson Henry Fuertes commented on an article he read about CO2 extraction
being a green initiative. He stated further that the article he read referenced Denbury and
Pearland.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2014-02 at
7:33 p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2014-02Z at 7:34 p.m.
ZONE CHANGE NO. 2014-02Z
A request of Steven Biegel, applicant; on behalf of America Modern Green Development,
LLC., owner; for approval of a zone change from the Waterlights Planned Development
(PD) to the Modern Green-Ivy District PD, on approximately 48.5 acres of land on the
following described property, to wit:
Legal Description: That portion of Lot 5 of the subdivision of James Hamilton Survey,
Abstract No. 881, a portion lying within Harris County, Texas and the remainder lying
within Brazoria County, Texas, according to the map or plat thereof recorded in Volume
83, Page 342 of the deed records of Harris County, Texas.
General Location: Southwest corner of Spectrum Boulevard and State Highway 288
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
Director of Community Development Lata Krishnarao read the staff report stating the
project began with a workshop in October 2013 and gave a summary of the workshop
and analysis of the current proposal. Staff received no public comments.
Minutes of the
Joint Public Hearing
March 17, 2014
Page 3 of 6
Mr. Steve Biegel, Architect, 6001 Savoy, Suite 120, Houston, Texas spoke and introduced
Mr. Kevin Cole. Mr. Cole made a presentation, giving the history of American Modern
Green stating the property was purchased in December 2012. Mr. Biegel introduced Mr.
Aaron Jenson of Skidmore, Owings and Merrill, LLC — Architects for the project. Mr.
Jenson spoke of a mixed use concept. Mr. Biegel concluded with a wrap up of the
presentation.
Ms. Vivian Scheibel 2005 Shoal Court, Pearland, Texas spoke in opposition, not wanting
more multi-family.
Council Member Keith Ordeneaux spoke of the senior facility of 55+ and stated he viewed
this as multi-family. He also stated there is a decrease in office/retail on this submittal.
Mr. Kevin Cole introduced Mr. David McGowan of Greystone who spoke of Senior Living
facilities.
Mayor Pro Tern Greg Hill inquired if the presidential bust would be returned to the site, as
it was there before.
There was also discussion with regards to curbs, gutters, green roofs, solar panels and
entrance into the site only being from the south bound side of SH 288.
Mayor Pro Tern Greg Hill inquired about the residential condo/multi-family and if it could
be written as purchase only— no leases. He stated he would like to see more retail than
residential. Overall, Mayor Pro Tern Greg Hill stated he liked the project but would like to
see less multi-family.
Mr. Kevin Cole spoke of the market of users in the medical industry.
Council Member Scott Sherman stated multi-family is multi-family and commented on the
conversations he heard about the property being flipped. He also inquired if Modern
Green and American Modern Green were the same. Mr. Kevin Cole stated that this will
be the first site in the United States, and there were different subsidiaries of Modern
Green.
Council Member Sherman asked if there were any multi-family around this site. Director
Lata Krishnarao stated Promenade Shop had 350 units.
Council Member Sherman asked how many apartments remained in Shadow Creek
Ranch. Director Krishnarao stated 1200 units.
Council Member Sherman stated the area around this does not want apartments and this
would be a hard sale. Mr. Sherman asked how much of this followed the Gateway plan.
Minutes of the
Joint Public Hearing
March 17, 2014
Page 4 of 6
Mr. Cole stated TxDOT would put in the frontage road on SH 288. He also added that
this would be the highest building in Pearland at 15 stories. Mr. Sherman inquired if the
city could fight a fire of this building height.
Council Member Tony Carbone commented that it was odd to place the Senior Living in
the tallest building. Mr. Carbone thanked staff for their work on this project.
Assistant City Manager Mike Hodge stated the project was initially submitted in
December. However, in January, there was a change in direction and the applicant was
relunctant to bring it to the city, but did so with the City Council and Planning & Zoning
Commission informing them there was work still to be done.
Council Member Carbone stated he would also like to see the Presidential heads and
was in favor of remaining detention. He also commented that originally, this was
presented as all condo's to be owned. Mr. Cole stated it was his impression there would
be a lease component. Mr. Carbone inquired what school district this would fall under.
Mr. Cole stated Houston ISD.
Council Member Ordeneaux stated that the multi-family component bothered him and the
reduction in office/retail space.
Mr. Steve Biegel stated that what made the Waterlights District unique was the
presidential theme park. Council Member Ordeneaux stated he would rather see
residential go to Manvel, and office/retail stay in Pearland.
Mayor Reid stated what he was hearing was the city wants more office and less
residential. He also commented that a conclusion probably would not be made tonight.
Discussion ensued with council stating the people want amenities, less multi-family, and
would like a convention center. The P&Z Commission added that this was a doorway to
the city with young, medical employees, so why senior living? Would the roads be able
to handle EMS, Fire and Ambulance for the Senior Living? The Commission also
reitereated that desire for less multi-family and more office/retail. Possibly have the hotel
larger and add a convention center. Mr. Kevin Cole stated that the heart of Modern Green
was to do Senior Living.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2014-02Z at 10:29
p.m.
ADJOURNMENT
Minutes of the
Joint Public Hearing
March 17, 2014
Page 5 of 6
Mayor Tom Reid adjourned the series of public hearings at 10:29 p.m.
These minutes are respectfully submitted by:
Judy Brown, Office Supervisor
Minutes approved as submitted and/or corrected on this 14th day of April 2014 A.D.
Mayor Tom Reid
Minutes of the
Joint Public Hearing
March 17, 2014
Page 6 of 6