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2008-09-22 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD SEPTEMBER 22, 2008 AT 6:30 P.M., IN THE COMMUNITY CENTER, CITY HALL, 3523 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER P&Z Chairperson Henry Fuertes called the meeting to order at 9:35 p.m. with the following present: P&Z Chairperson Henry Fuertes P&Z Vice -Chairperson Jerry Koza, Jr. P&Z Commissioner Neil West P&Z Commission Ron Capehart P&Z Commissioner Charles Gooden, Jr. P&Z Commissioner Darrell Diggs Also in attendance were: Planning Director Lata Krishnarao, Deputy City Attorney Nghiem Doan, and Planning Administrative Secretary Judy Krajca. NEW BUSINESS CONSIDERATION & POSSIBLE ACTION — ZONE CHANGE NO. 2008-15Z A request of Jung H Kwak, applicant for Montalbano Lumber Co. Inc, owner, for approval of a change in zoning district from classification Light Industrial (M-1) to General Commercial District (GC). General Location: Generally located on the West Side of SH 35 (North Main Street), and on the South Side of McHard Road. P&Z Vice -Chairperson Jerry Koza, Jr. made the motion to approve, and P&Z Commissioner Ron Capehart seconded. P&Z Vice -Chairperson Jerry Koza, Jr. inquired about the notification of the abutting property owners, as his own business, which is within the 200 feet, did not receive notification. Planning Director Lata Krishnarao explained that the ownership information is obtained through a link with the Appraisal District. If an owners name does not appear, then we have no way to send any notification. Ms. Krishnarao added that all notices are published as a legal notice in the local newspaper. Mr. Koza, Jr. added that he was not in favor of the zone change as he feels Pearland is already short on industrial sites. Mr. Koza, Jr. also stated that access is already difficult and feels it is the worst possible location for a hotel, being near the railroad track. P&Z Commissioner Darrell Diggs inquired if there were any efforts by the EDC to find appropriate industrial sites. Planning Director Krishnarao replied that it was Page 1 of 6 P&Z Minutes 9/22/08 hard to find land with good road access and being too near a residential area. Highway 35 has good access for industrial properties and the Pearland EDC agrees that it is a good site for industrial. P&Z Chairperson Henry Fuertes commented on the application being written to show the entire 26 -acres and if only the 10 acres could be considered. Deputy City Attorney Nghiem Doan commented that the applicant could seek to change to request for only 10 -acres. P&Z Commissioner Darrell Diggs inquired if the property would require a plat. Deputy City Attorney Nghiem Doan replied it would, but not necessarily before a zone change is approved. P&Z Commissioner Charles Gooden, Jr. brought up the discussion with regards to the amount of industrial property in the City, how much M-1 and M-2 is needed, and the need to look at the overall economic impact and what the market could bear. Planning Director Krishnarao explained the difference between the M-1 and M-2 zoning districts, and added that some of the area along the railroad is in a foreign trade zone. P&Z Commissioner Neil West commented that access to the railroad is highly important to the M-1 and M-2 zoning districts. P&Z Commissioner Darrell Diggs recommended that the applicant comeback with an overall plan, show details regarding length of cul-de-sac, and the uses and their specific location. Commissioner Diggs also inquired that if the item was tabled, would the applicant be willing to come back with further explanation or redefine their intent of use under General Commercial (GC). Commissioner Diggs also stated that he did not like the design plan and because of this, he was not in favor. P&Z Commissioner Ron Capehart called for the vote. The vote was 0-6. Zone Application No. 2008-15Z was denied CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. CUP 2008-22 A request of Thomas D. Rasberry, applicant and owner, for approval of a Conditional Use Permit (CUP) to allow outdoor storage in the Old Townsite General Business District (OT -GB), on the following described property, to wit: General Location: 2418 South Main Street. P&Z Commissioner Charles Gooden, Jr. made the motion to approve and strike Oleanders from the required vegetation, and P&Z Vice -Chairperson Jerry Koza, Jr. seconded. Page 2 of 6 P&Z Minutes 9/22/08 P&Z Commissioner Darrell Diggs called for the vote, and P&Z Commissioner Charles Gooden, Jr. seconded. P&Z Commissioner Gooden, Jr. withdrew his second. The motion failed for lack of a second. P&Z Commissioner Neil West asked the applicant why he was putting in a POD. Mr. Tom Rasberry, applicant, replied it was to get the chemicals out of the warehouse and contain them alone. Mr. West asked how offensive the odor was, and could people walking by smell it. Mr. Rasberry explained that were extremely strong when walking into a contained building but the odor did not escape the building. The POD will not have an exhaust system and the odor will be contained within the POD. P&Z Commissioner Ron Capehart inquired if the Variance would hold him up from getting his POD. Planning Director Krishnarao stated the variance was required, and he would have to plat before the permit could be issued; however, Mr. Rasberry could move forward with obtaining the variance from the P&Z while the platting phase was taking place. Planning Director Krishnarao added that the staff can help expedite the variance and platting process, but cannot waive it. The vote was 6-0. Conditional Use Permit No. CUP 2008-22 was approved with the condition that the word "Oleander' be replaced by "shrubs" and following staff conditions: 1. The vegetative screen be comprised of shrubs, planted 3' on center and at least 4' tall at planting, and eventually maintained at a sufficient height and opacity to completely obscure the structure on the east and south sides. 2. Storage unit be painted to match the color of the building and meet all other requirements of the UDC, including those for accessory buildings. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2008-23 A request of T -Mobile, applicant and Pearland Home Assn. owner, for approval of a Conditional Use Permit to allow Cellular Communications Tower/PCS in the General Business Retail Distinct (GB), on the following described property, to wit: General Location: 2320 Hatfield Road. P&Z Vice -Chairperson Jerry Koza, Jr. made the motion, and P&Z Commissioner Ron Capehart seconded. P&Z Commissioner Charles Gooden, Jr. brought up the fact that a lot of property owners were being affected by the height. Discussion ensued with regards to the notification of homeowners, and the 200 - feet. Page 3 of 6 P&Z Minutes 9/22/08 P&Z Commissioner Neil West inquired how the tower could be made to be more appealing. There was much discussion among the applicant/Commission/Staff with regards to height, other Cellular Communication companies using the existing tower, moving the tower to the south to be further away from residential neighbors. Mr. Anthony Perez, applicant, spoke as to not moving the tower to the south, and stated that once the parking lot of the Knights of Columbus was paved, vegetation would be put in place to block the view from the homeowners. Mr. Shawn St. John, applicant, spoke with regards to the rural area sites and how they are spread out. He added that in the urban areas, the towers couldn't go too high. Discussion ensued. P&Z Commissioner Charles Gooden, Jr. stated that this is a community process and the community was not here. Assistant City Manager Nick Finan spoke regarding the stealth technology, giving several examples, and what could be asked of the applicant. Planning Director Lata Krishnarao stated that the tower could be moved to the south corner of the property, and trees and vegetation could be added, so as not to look like an island. Much discussion ensued with regards to stealth technology, height of towers, fence and vegetation around the base, transmission from the towers and the need for this tower, neighbors concern, drainage and detention area, county flyover for mosquito spraying, need for an all-weather surface for access road to tower, base hidden and wires covered, and aesthetics. P&Z Vice -Chairperson Jerry Koza, Jr. amended his original motion to include the following, and P&Z Commissioner Ron Capehart seconded: 1. The facility be fully enclosed in a masonry building or by brick walls, tall enough to obscure the equipment, transformer, and bridge, with landscaping around, to be compatible with the character of the general area. 2. A paved road be provided to access the facility. 3. Stealth techniques, specifically a flag poles or single mono pole, with no exterior mounts be considered to ensure that the facility is compatible to the area. 4. A detailed site plan showing the type and amount of landscaping, type and height of fencing, setbacks of the proposed tower and leased area from the property boundaries, and paving of the access road be provided. 5. A 20 foot wide landscaped buffer with trees, at least 6' at planting and up to a minimum of 20' tall at full growth, be provided in the north west area of the subject property abutting residential uses, to Page 4 of 6 P&Z Minutes 9/22/08 provide visual screening, incorporating input from staff and neighbors approval. CONSIDERATION & POSSIBLE ACTION — AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) A request by the City of Pearland, for an amendment to the Unified Development Code, Ordinance No. 2000T, generally regarding Posting Requirements and Flag Poles (sections 1.2.2.4, 4.1.2.6 and 4.2.5.5). P&Z Commissioner Charles Gooden, Jr. made the motion to approve, and P&Z Vice -Chairperson Jerry Koza, Jr. seconded. P&Z Commissioner Charles Gooden, Jr. amended the original motion, and P&Z Vice -Chairperson Jerry Koza, Jr. seconded to include the condition that language noted in Section 4.2.5.9 regarding size and height of flags be duplicated. P&Z Commissioner Darrell Diggs stated he had some concerns with just anyone flying a city flag. The vote was 6-0 to approve with the condition that language noted in Section 4.2.5.9 regarding size and height of flags be duplicated. DISCUSSION ITEMS Planning Administrative Secretary Judy Krajca explained that the Texas APA Conference had been cancelled due to the disaster in Galveston, Texas caused by Hurricane Ike. The Texas APA was looking into a January or February 2009 Texas APA in EI Paso, Texas. The Commission would be notified soon of any changes. The training regarding Traffic Impact Analysis by the Traffic Engineer and the City Engineer has been postponed until October. ADJOURNMENT P&Z Chairperson Henry Fuertes adjourned the meeting at 11:31 p.m. These minutes are respectfully submitted by: Judy Krajca, Planning Secretary Page 5 of 6 P&Z Minutes 9/22/08 Minutes approved as submitted and/or corrected on this 6th day of October, A.D., 2008. P&Z Chairperson Henry Fuertes Page 6 of 6 P&Z Minutes 9/22/08