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2016-09-26 JPH PLANNING AND ZONING COMMISSION MEETING MINUTESMINUTES 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 CALL TO ORDER Mayor Tom Reid opened a series of public hearings at 6:30 p.m. The following were present: Mayor Tom Reid Council Member Tony Carbone Council Member Greg Hill Council Member Keith Ordeneaux Council Member Derrick Reed Council Member Gary Moore Council Member Trent Perez P&Z Chairperson Daniel Tunstall P&Z Vice-Chairperson Thomas Duncan P&Z Commissioner Ginger McFadden P&Z Commissioner Mary Starr P&Z Commissioner David Selsky P&Z Commissioner Derrell Isenberg 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 into record. 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. 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: 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 Density: The original Pearland Town Center development allowed 9.4 townhouse units per gross acre on Tract E (area under consideration). 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). Detention Pond/"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". Parking: A reduction in required parking from 501 to 476 is proposed, with limited shared parking options. 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, 31O Martin St. #280, Richmond TX. were in favor of the zone change. Frank Goaeloff, 11703 Summer Springs Dr., Taylor Luksetich, 13201 lone 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 not favorable. COUNCIL/PLANNING 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. Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 16- 00011 at 7:40 p.m. PURPOSE OF HEARING 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 et seq of the Brazoria County Deed Records (B.C.D.R.). General Location: East and 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, prior to opening up operations, for the following reasons: This amendment brings the PUD into conformance with amendment T-18 of the UDC approved in 2015. 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