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2011-11-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES — JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING & ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 21, 2011, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS Mayor Tom Reid and Acting P&Z Chairperson Henry Fuertes called the public hearing to order at 6:38 p.m., with the following present: Mayor Tom Reid Mayor Pro Tem Ed Thompson Council Member Woody Owens Council Member Scott Sherman Council Member Felicia Kyle Council Member Susan Sherrouse P&Z Commissioner Henry Fuertes P&Z Commissioner Neil West P&Z Commissioner Phil Cessac P&Z Commissioner Sheila Fischer Also in attendance were: City Manager Bill Eisen, Assistant City Manager Jon Branson, Assistant City Manager Mike Hodge, City Attorney Darrin Coker, Planning Director Lata Krishnarao, Senior Planner Harold Ellis and Planning Office Coordinator Judy Krajca. Senior Planner Harold Ellis explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission meeting would be held after the Joint Public Hearing. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2011- 12 at 6:40 p.m. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2011- 12 A the request of Esteban V. Rodriguez, owner and applicant, for approval of a Conditional Use Permit to allow for the operation of a Minor Auto Repair Facility in the General Business (GB) District, on the following described property, to wit: Legal Description: Plat of survey of a 0.6984 acre tract being a part of lot "A" of Westgate Park a subdivision of 9.575 acres of land out of lots 47 and 48 of the Allison Richey Gulf Coast Home Company Subdivision of Section 19 of the H. T. & B. Railroad Company survey, Abstract 243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 16, page 320, of the plat records of Brazoria County, Texas General Location: 7900 Block of Broadway, Pearland, TX Acting P&Z Chairperson Henry Fuertes read the purpose of hearing into the record. JPH Minutes of November 21, 2011 Page 1 of 4 Senior Planner Harold Ellis read the staff report stating the applicant was requesting approval of a CUP to allow the operation of a Minor Auto Repair Facility. There is currently a single family home at the location in the General Business (GB) zoned district and would be converted into the Minor Auto Repair Facility. Staff recommended approval with the condition that a vegetative screening wall comprised of shrubbery and trees be planted and maintained in the "lawn" area shown on the conceptual site plan between the two main outside parking areas prior to the issuance of a Certificate of Occupancy by the City of Pearland. The applicant, Mr. Esteban Rodriquez, was present but did not make a presentation. Mr. Larry Marcott of 3606 Inverness Court, Pearland, Texas 77581 spoke opposing the Minor Auto Repair Facility because the owner has another building in the City that he has left abandoned. Council Member Woody Owens inquired if this site was previously used for auto sales, and Senior Planner Harold Ellis stated yes, but that auto sales was allowed with the GB zone, not requiring a CUP. Council Member Ed Thompson expressed concern with the parking and stated he had received two phone calls from people with regards to abandoned cars. Brief discussion ensued over the abandoned site. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2011-12 at 6:55 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2011-13 at 6:59 p.m. CONSIDERATION & POSSIBLE ACTION — CONDITIONAL USE PERMIT NO. 2011- 13 A request of R D Homes, applicant, at the request of Piper Precision, Inc., owner, for approval of a Conditional Use Permit to allow for Servant, Guest, Caretakers, or Security Quarters in the Light Industrial (M-1) District, on the following described property, to wit: Legal Description: 8.4406 acres of land, being a part of the H. Stevens Survey, Abstract 594, and the H. T. & B. R.R. CO. Survey No. 28, Abstract 551, Brazoria County, Texas and being all of those certain tracts conveyed to Production Rentals, Inc. as a 2.973 acre tract described in a deed recorded in Volume 1393, Page 133, a 0.469 acre tract described in a deed recorded in Volume 1398, Page 963, and a 5.0 acre tract described in a deed recorded in Volume 1600, Page 900, all in the Brazoria County Deed Records, Brazoria County, Texas JPH Minutes of November 21, 2011 Page 2 of 4 General Location: 4155 S. Main Street, Pearland, TX Acting P&Z Chairperson Henry Fuertes read the purpose of hearing into the record. Senior Planner Harold Ellis read the staff report stating the applicant would like to construct an on-site security quarters to house after hours security personnel. Staff recommended approval. Mr. Ellis stated he received one public comment form in opposition of the proposed Conditional Use Permit. The applicant and owner were present but did not speak. There was no one present to speak for or against the Conditional Use Permit. Council Member Ed Thompson inquired about the type of structure and if it would be a HUD manufactured home. The applicant, Juan Erives of RD Homes, replied yes. Council Member Scott Sherman inquired if the structure would hold up for 20 years. The applicant, Juan Erives of RD Homes, stated it was rated Windstorm 3 and made of hardi-plank, and would be hooked up to the existing water system. Council Member Felicia Harris inquired what the square footage of the structure would be and also asked about previous crime reports. The applicant, Juan Erives of RD Homes, stated 1300 s.f. The owner, Antonio Gambini, stated crimes were never reported to the police, but numerous break-ins occurred in their pipe yard. Acting P&Z Chairperson Henry Fuertes asked if it would house a person. Owner, Antonio Gambini, stated it would be occupied by an employee. Acting P&Z Chairperson Fuertes asked would this be occupied by employees for 24 hours. Mr. Gambini stated no. The employee, only one, would get off of his shift and return at 10:00 p.m. at night and sleep in the security quarters until the following morning. Much discussion ensued over the size of the structure, and whether this employee would live at the site. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2011-13 concurrently at 7:22 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of public hearings at 7:22 p.m. These minutes are respectfully submitted by: JPH Minutes of November 21, 2011 Page 3 of 4 7A Am A, r a - Judy Krajc , PlanriOg Offide oordinator IF Minutes approved as submitted and/or corrected on this 23r" day of January 2012, A.D. l/Yyl &j Mayor Tom Reid JPH Minutes of November 21, 2011 Page 4 of 4