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2012-10-15 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES1 MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY OF PEARLAND, TEXAS, HELD OCTOBER 15, 2012 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Mayor Tom Reid and P&Z Chairperson Henry Fuertes called the public hearing to order at 6:40 p.m. with the following present: Mayor Tom Reid Mayor Pro Tem Susan Sherrouse Council Member Woody Owens Council Member Keith Ordeneaux Council Member Scot Sherman Council Member Greg Hill P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Linda Cowles P&Z Commissioner Mary Starr P&Z Commissioner Neil West P&Z Commissioner Matthew Hanks P&Z Commissioner Daniel Tunstall P&Z Commissioner Ginger McFadden Also in attendance: Deputy City Attorney Nghiem Doan, Assistant City Manager Mike Hodge, Assistant City Manager Jon Branson, City Manager Bill Eisen, City Planner Harold Ellis, Planner II Ian Clowes, Community Development Director Lata Krishnarao, and Community Development Office Coordinator Judy Brown. City Planner Harold Ellis explained the Joint Public Hearing and agenda process for the attending public, and explained that the Planning & Zoning Commission meeting would immediately follow the Joint Public Hearing. Mayor Tom Reid opened the Public Hearing for Conditional Use Permit No. 2012-07 at 6:43 p.m. NEW BUSINESS ZONE CHANGE APPLICATION NO. 2012-10Z A request of Jack McGuff, Jr, applicant, on behalf of Third Coast Terminals, owner, for approval of a zone change from the Light Industrial (M-1) zone and Heavy Industrial (M- 2) zone, to Planned Development (PD) zone for approximately 41.61 acres on the following described property, to wit: Legal Description: Being 2.9125 acres of land out of and part of Lot Forty (40), of the W. Zychlinski Subdivision, Section No. Three (3), in the H. T. & B. R. R. Co. Survey, A-232, Brazoria County, Texas, according to the plat recorded in Volume 29, Page 43 of the Deed Records of Brazoria County, Texas, and; A 13.611 acre tract in the H. T. & B. R.R. CO. Survey, Section 3, Abstract No. 232 in Brazoria County, Texas. Said 13.611 acre tract is part of Lot 40 of the W. Zychlinski subdivision as recorded in Volume 29, Page 43 of the Brazoria County Deed Records. Said 13.611 acre tract is further JPH Minutes October 15, 2012 Page 1 of 9 described as being that same tract described in a deed to Nguyen Enterprise, LLC as recorded in Clerk's File No. 03-059143 in the Brazoria County Clerk's Office, and; A 25.081 Acre tract in the H.T. & B. R. R. Co. Survey, Abstract No. 232, Brazoria County, Texas. Said 25.081 acre tract is part of Lots 46 and 50, of the Zychlinski Subdivision as recorded in Volume 29, Page 43 in the Brazoria County Deeds Records and is further described as being part of Tract 5 and a part of Tract 6 described in a deed to FEF Family Limited Partnership as recorded in Clerk's File No. 96-046033 in the Brazoria County Clerk's Office, and is all of a 4.64 acre tract described in a deed to FEF Family Limited Partnership as recorded in Clerk's File No. 96-046031 in the Brazoria County Clerk's Office. General Location: 1871 Mykawa Road Pearland, TX City Planner Harold Ellis read the staff report stating the applicant was looking to do an expansion of a previously approved PD, known as Third Coast Terminals. The expansion would be from 41 acres to 59 acres. Staff recommends approval. The applicant, Mr. Jack McGuff of McGuff Architecture spoke. There was no one present to speak for or against. Council Member Woody Owens inquired about a chance to open the crossing at Mykawa at the Railroad tracks. Mr. McGuff replied no, not that he knew of. P&Z Chairperson Henry Fuertes stated he noticed some work on the site and inquired what was being done. City Planner Harold Ellis stated the applicant had received a dirt permit. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2012-10Z at 6:52 p. M. Mayor Tom Reid opened a public hearing for Zone Change No. 2012-11 Z at 6:52 p.m. ZONE CHANGE APPLICATION NO. 2012-11Z A request of Chad Thumann, applicant, on behalf of Barbara Covington, owner, for approval of a zone change from the Residential Estate (RE) zone, to Single -Family Residential -1 (R-1) zone for 9.64 acres on the following described property, to wit: Legal Description: A tract of land containing 4.82 acres known as Tract 20-A, situated in Lot 20 of the Allison Richey Gulf Coast Home Company Subdivision, Abstract No. 506, as recorded in Volume 2, Page 23 of the Brazoria County Map Records, and; JPH Minutes October 15, 2012 Page 2 of 9 1 1 1 A tract of land containing 4.82 acres known as Tract 20, situated in Lot 20 of the Allison Richey Gulf Coast Home Company Subdivision, Abstract No. 506, as recorded in Volume 2, Page 23 of the Brazoria County Map Records. General Location: 2014 Hillhouse Road City Planner Harold Ellis read the staff report stating the property is currently zoned RE and is seeking a zone change to R-1 to development 18 lots. Staff is unable to recommend approval of the zone change for the following reasons: 1) May not be compatible with the surrounding zoning and uses 2) May have a negative impact on surrounding properties and developments by allowing smaller lots than as indicated in the FLUP 3) Proposed zone not in compliance with the latest approval of FLUP Mr. Chad Thurman of R West Development spoke on behalf of the applicant stated the proposed development would have deed restrictions, gated community, bigger houses and increase property value. Mr. John Wilshire of 2110 Hillhouse Rd., Pearland Texas spoke in opposition stating he feels this would have a negative impact. Mr. David Hokanson of 2108 Hillhouse Rd, Pearland Texas spoke in opposition stating the R-1 zone is not compatible. Mr. Maurice Davis of 8922 Hawk Rd., Pearland Texas spoke in favor stating it would enhance the property values at Hawk and Southdown and would bring in families to the schools Ms. Barbara Covington of 2014 Hillhouse Road, Pearland Texas spoke in favor stating she felt this was a great chance to develop homes. Mr. Chad Thumann of R West Development stated the home at 2110 Covington was for sale, and just sold in the $180,000 price range. Mr. John Wilshire of 2110 Covington Road spoke in opposition to the zone change. Ms. Pam Hokanson of 2108 Hillhouse Rd, Pearland, Texas spoke in opposition of the development. Council Member Keith Ordineaux inquired about the lot sizes for RE and R-1 were. City Planner Harold Ellis stated RE was half acre lots, or 21,780 s.f., and R-1 was 8800 s.f. Mayor Pro Tem Susan Sherrouse asked the P&Z Commission to consider that potential buyers are looking for large lots. JPH Minutes October 15, 2012 Page 3 of 9 Council Member Scott Sherman also inquired about the number of homes allowed in the RE and R-1 lots and asked why staff felt it was not compatible. City Planner Harold Ellis stated the applicant could propose a zone change to SR -12 or SR -15 to maintain larger lots. Council Member Greg Hill stated he would rather see the property zoned to SR -12 or SR -15. There was brief discussion with regards to the entrance and the need to do a Traffic Impact Analysis. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2012-11Z at 7:30 p.m. Mayor Tom Reid opened the public hearing for Zone Change No. 2012-12Z at 7:30 p.m. ZONE CHANGE APPLICATION NO. 2012-12Z A request of Kerry Gilbert & Associates, applicant, on behalf of Beltway 23, Ltd., owner, for approval of a zone change from the Suburban Development (SD) zone to the Planned Development (PD) zone for 20.3 acres on the following described property, to wit: Legal Description: The herein described 20.3 acres, more or less, being generally located in Section 80, J. S. Talmage Survey Abstract 564, Brazoria County, Texas; the south line being along the south line of Lot 2, Section 80, J. S. Talmage Survey, Abstract 564 according to the plat thereof as filed in Volume 2, Page 98 Brazoria County Plat Records; the west line being the east line of City of Pearland Ordinance No. 1035; the north line being the south right-of-way line of County Road 92 and the extension of City of Pearland Ordinance 924 and the east line being the west line of City of Pearland Ordinance No 924; All that certain 20.3 acres, more or less, annexed into the City of Pearland by Pearland Ordinance 1465 and being all of Lots 1 & 2, Section 80, J. S. Talmage Survey, Abstract 564. General Location: Southeast corner Broadway/Kingsley City Planner Harold Ellis read the staff report stating the only concern was some of the language and that the use be changed in the Planned Development. Christy Smidt with Kerry Gilbert and Associates spoke on behalf of the applicant. There was no one present to speak for or against the zone change. JPH Minutes October 15, 2012 Page 4 of 9 There was brief discussion with regards to a site plan, and future plans to widen Kingsley. Council Member Scott Sherman acknowledged that there were two public comment forms received in opposition. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2012-12Z at 7:44 p.m. Mayor Tom Reid opened a public hearing for Zone Change No. 2012-13Z at 7:44 p.m. ZONE CHANGE APPLICATION NO. 2012-13Z A request of Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288, Ltd., owner, for approval of a zone change from the Business Park 288 (BP -288) zone to the Planned Development (PD) zone for 38.909 acres on the following described property, to wit: Legal Description: 38.909 acres of land in the H. T. & B. R. R. Company Survey, Section 81, Abstract No. 300, Brazoria County, Texas, being a portion of lots 38, 39, 40, 49, and 50 of the Allison Richey Gulf Coast Home Company's part of Suburban Gardens, a subdivision of record, Volume 2, Page 98, of the Plat Records of said Brazoria County (B.C.P.R.), more particularly being the residue of that certain called 30.583 acre tract (described as Part One), and the residue of that certain called 9.990 acre tract (described as Part Two) conveyed from Compass Bank to Parkside 59/288 Ltd, by an instrument of record under Document Number 2011012491, of the Official Public Records of said Brazoria County (B.C.O.P.R.) General Location: Northwest corner CR59/SH288, Pearland, TX City Planner Harold Ellis read the staff report stating staff recommends approval. Mr. Kerry Gilbert of Gilbert and Associates spoke on behalf of the applicant. There was no one present to speak for or against. Council Member Keith Ordeneaux acknowledged there were three public comment forms received, one in favor and two in opposition — due to multi -family. Mr. Ordeneaux stated the PD needs to reference Senior Living. City Planner Harold Ellis spoke about underground electricity with the Mayor stating he preferred metal poles and not wooden poles. JPH Minutes October 15, 2012 Page 5 of 9 Mayor Pro Tem asked the P&Z Commission to consider the multi -family zone. Discussion ensued with regards to Multi -family, Senior living/Senior housing, as well as the parking for multi -family. Council Member Scott Sherman stated he was not in favor of senior/multi-family or 55+ housing. Council Member Keith Ordeneaux agreed, but stated he would consider assisted living. Council Member Woody Owen stated he felt it was a good location for Senior Living due to the close proximity for shopping. P&Z Commissioner Daniel Tunstall stated he was concerned with the 150 foot setback of the power lines. Mr. Tunstall also added that 55+ community is an apartment with drivers and feels assisted living would be better, but no high rise apartments. Council Member Scott Sherman stated he wants the requirement for HUD funding from Deputy City Attorney Nghiem Doan. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2012-13Z at 8:30 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2012- 04 at 8:30 p.m. CONDITIONAL USE PERMIT NO. CUP 2012-04 At the request of Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner, for approval of a Conditional Use Permit to allow for a Child Daycare (Business) in the Neighborhood Service (NS) District, on the following described property, to wit: Legal Description: Being a 0.9495 acre tract of land situated in the H.T. & B R.R. Company Survey Abstract 242 in Brazoria County, Texas, being the same tract of land conveyed to Joseph B. Benes and recorded in Volume 408 Page 538 of the Deed Records of Brazoria County, Texas. General Location: 7902/7904 Broadway, Pearland, TX Planner II Ian Clowes read the staff report stating staff recommends approval. The applicant, Sudershan Jambulapati, was present and stated he was available for questions. There was no one present to speak for or against. JPH Minutes October 15, 2012 Page 6 of 9 1 1 Council Member Scott Sherman stated the original intent was for a restaurant and now a daycare, and would there be adequate parking. P&Z Commissioner Daniel Tunstall echoed the same concern, as did P&Z Commissioner Ginger McFadden. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2012-04 at 8:46 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2012- 05 at 8:46 p.m. CONDITIONAL USE PERMIT NO. CUP 2012-05 At the request of Warren Escovy — LJA Engineering, Inc., applicant, for The Diocese of Galveston -Houston, owner, for approval of a Conditional Use Permit to allow for a Church, Temple, or Place of Worship in the Single Family Residential -1 (R1) District, on the following described property, to wit: Legal Description: Being a 19.934 acre tract of land located in the T.J. Green Survey, Abstract 290, Harris County, Texas, being a portion of Lots 16, 17, 39, and 40, and all of Lots 26 and 27 of the Allison Richey Gulf Coast Home Company Subdivision, Section "G", a Subdivision of record in Volume 4, Page 48 of the map records of said Harris County. General Location: 1800 Block of Riverstone Ranch Ln. Pearland, TX 77089 Planner II Ian Clowes read the staff report with staff recommending approval. Mr. Warren Escovy of LJA Engineering spoke on behalf of the applicant. There was no one present to speak for or against the Conditional Use permit. Council Member Scott Sherman inquired about the 35' maximum height restriction, and stated there was one public comment form received in opposition. P&Z Commissioner Daniel Tunstall asked staff to check who controls the HOA - Developer or Residential. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2012-05 at 9:00 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2012- 16 at 9:00 p.m. CONDITIONAL USE PERMIT NO. CUP 2012-06 JPH Minutes October 15, 2012 Page 7 of 9 At the request of Edward Hersh, applicant, for H.E. Halford, Jr., owner, for approval of a Conditional Use Permit to allow for Outside Display/Storage in the Old Townsite General Business (OT -GB) District, on the following described property, to wit: Legal Description: Being Lots 3-6, Block 5 of the Townsite of Pearland Subdivision, a Subdivision of record in Volume 29, Page 41 of the H.C.D.R. Brazoria County, Texas. General Location: 2205 N. Main St. Pearland. TX 77581 Planner II Ian Clowes read the staff report stating staff was unable to make a recommendation of approval. Mr. Ed Hersh of 2205 N Main St., Pearland Texas spoke on behalf of the applicant. There was no one present to speak for or against. Council Member Scott Sherman asked if a Conditional Use Permit was issued for outside storage and when did staff okay the outside storage. Planner II Ian Clowes stated outside storage there was not a CUP for outside storage, and Mr. Hersh stated stated they began displaying outside in July 2012. Planner II Ian Clowes stated that if Council were to approve this CUP, staff recommends the following conditions: 1. Complete site plan submitted to the city, outlining exact area of display and other improvements proposed 2. Meet the criteria of approval listed in the staff report, specifically: a. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effect to adjacent development and neighborhoods. b. The proposal use incorporates features to minimize adverse effects, including visual impacts of the proposed conditional use on adjacent properties There was much discussion with regards to outside storage. Planner II Ian Clowes stated staff would work with the applicant. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2012-06 at 9:00 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of Public Hearings at 9:00 p.m. JPH Minutes October 15, 2012 Page 8 of 9 u 1 These minutes are respectfully submitted by: Judy Browk, Comm ity Development Office Coordinator Minutes approved as submitted and/or corrected on this 10th day of December 2012, A. D. ow 4 F -j - Mayor Tom Reid JPH Minutes October 15, 2012 Page 9 of 9