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2014-05-19 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, MONDAY, MAY 19, 2014, AT 6:30 P.M., COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER Mayor Tom Reid opened a series of public hearings for the City Council, and P&Z Chairperson Henry Fuertes opened for the P&Z Commission at 6:49 p.m. In attendance were: Mayor Tom Reid Mayor Pro Tem Keith Ordeneaux Council Member Tony Carbone Council Member Scott Sherman Council Member Greg Hill Council Member Gary Moore P&Z Chairperson Henry Fuertes P&Z Member Derrick Reed P&Z Member Elizabeth McLane P&Z Member Ginger McFadden P&Z Member Linda Cowles P&Z Member Daniel Tunstall 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 explained the public hearing process and stated the P&Z Commission would meet immediately following. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2014-04 at 6:50 p.m. CONDITIONAL USE PERMIT APPLICATION NO. 2014-04 A request of Chan Patel with Sparkles Express, applicant; on behalf of The Old Place, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for an Auto Wash (Self Service) within the General Business (GB) zoning district, on approximately 1.10 acres of land on the following described property, to wit: Legal Description: A tract or parcel containing 1.1019 acres or 47,999 square feet of land, out of a called 9.993 acre tract situated in the H.T. & B.R.R. CO. Survey, Abstract No. 506, Brazoria County, Texas Conveyed to the Old Place, Inc. as recorded in the Brazoria County Clerk's File No. 97-001270, Brazoria County, Texas General Location: Approximately 1.1 acres of land included in a larger tract of land located at the northwest corner of Broadway Street and Hillhouse Road, Pearland, Texas Joint Public Hearing Minutes of May 19, 2014 Page 1 of 6 P&Z Chairperson Henry Fuertes read the purpose of the hearing. City Planner Johnna Matthews read the staff report stating the applicant was requesting approval to construct an auto wash on approximately 1.1 acres. Staff recommends approval with two conditions. 1. Adequate screen to be provided for vacuum areas. 2. Landscape plan showing screening and landscaping. Mr. Billy Black, 803 Jerry Drive, San Antonio, Texas 78201 spoke on behalf of the applicant, the Patel family, stating their request for a self-service auto wash. Mr. Michael Shebay, 8703 Broadway, Pearland, Texas 77584 expressed his concern with regards to traffic, chemicals in the recycled water, and stated he did not see a sign posted for the hearing. Council Member Scott Sherman inquired as to the proof the sign was posted. City Planner Johnna Matthews stated the applicant emailed a photo. Mr. Sherman asked if the photo was date stamped. Ms. Matthews stated she would need to check, and added that staff typically only verifies once that the sign was posted. Mayor Pro Tem Keith Ordeneaux asked for clarification on where the proposed site would be. City Planner Johnna Matthews stated it was the SW corner and demonstrated on the screen. Council Member Gary Moore inquired if a grit trap system would be required. Director of Public Works Eric Wilson was in the audience and replied that this would be required. Council Member Greg Hill commented on the concern of traffic. City Planner Johnna Matthews state a traffic impact analysis (TIA) would be required at the time of platting. There was brief discussion with regards to the existing house near the site and was confirmed that it did not sit on the proposed site. P&Z Commissioner Elizabeth McLane inquired if the three employees that would be hired would be on site during the hours of operation, and inquired how many cars would be washed per day. Mr. Billy Black stated they would have one manager and two staff assistants during the day. They estimate washing 200 cars per day. Mr. Black also added that they had a shared access agreement with the clinic and hotel. Mr. Black stated the project would be very nice as it is costing approximately $2.5 million to construct. P&Z Chairperson Henry Fuertes inquired if the attached plan was the site plan or a rough sketch. City Planner Johnna Matthews stated it was a sketch. Chairperson Fuertes stated he was concerned with the driveway flow. Council Member Tony Carbone inquired if a site plan was required with the CUP submittal. Ms. Matthews stated it was required. Joint Public Hearing Minutes of May 19, 2014 Page 2 of 6 City Planner Johnna Matthews wrapped up by stating staff received five (5) public comment forms in opposition and one (1) in favor. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2014-04 at 7:12 p.m. Mayor Tom Reid opened a public hearing for Zone Change No. 2013-18Z at 7:12 p.m. ZONE CHANGE APPLICATION NO. 2013-18Z A request of Gerald Koza, owner/applicant, for approval of a change in zoning from GC, General Commercial to M-1, Light Industrial on approximately 16.871 acres of land, on the following described property, to wit: Legal Description: Lot 1, Block 1, Associated Industrial Park, located in the H.T. & B.R.R. Co. Survey, Abstract 542, Brazoria County, Texas. General Location: East side of Main Street and south of McHard Road; 1603 N. Main Street, Pearland, Texas P&Z Chairperson Henry Fuertes read the purpose of the hearing. City Planner Johnna Matthews read the staff report stating the applicant was requesting approval of a change in zoning from General Commercial to Light Industria. The zone change would ensure consistency with the existing industrial/warehouse structure and zoning, as well as with the future land use designation of the site. Mr. Jeff Koza, 2707 Country Club Drive, Pearland, Texas 77581 spoke on behalf of the applicant stating their desire to rezone and bring the entire site into conformance with the UDC. There was no one present to speak for or against the proposed zone change. There was no discussion among the Council/Commission/Staff. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2013-18Z at 7:19 p.m. Mayor Tom Reid opened the public hearing for Zone Change No. 2014-05Z at 7:19 p.m. ZONE CHANGE APPLICATION NO. 2014-5Z A request of Alan Mueller, applicant; on behalf of Texproj2008, LLC, owner; for approval of an amendment to three (3) tracts identified as Tracts A, B and C located within the Joint Public Hearing Minutes of May 19, 2014 Page 3 of 6 Province Village Planned Unit Development (PUD) to allow for single family homes, on approximately 24.154 acres of land on the following described property, to wit: Legal Description: Tract A: A 5.176 -acre tract in the W.D.C. Hall Survey, Abstract No. 23, Harris County, Texas. Said 5.176 -acres is in a 5.732 -acre tract described in a deed to TEXPROJ2008, L.L.C., as recorded in Clerk's File No. 20070659409 in the Harris County Clerk's Office Tract B: A 13.361 -acre tract in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas. Said 13.361 -acres is in a 21.898- acre tract described in a deed to TEXPROJ2008, L.L.C. as recorded in Clerk's File No. 2007062105 in the Brazoria County Clerk's Office Tract C: A 5.617 -acre tract in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas. Said 5.617- acres is in a 9.805 -acre tract described in a deed to TEXPROJ2008, LLC, as recorded in Clerk's File No. 2007062105 in the Brazoria County Clerk's Office General Location: Northeast of the intersection of Broadway Street and Pearland Parkway and west of Country Club Drive, Pearland, TX P&Z Chairperson Henry Fuertes read the purpose of the hearing. City Planner Johnna Matthews read the staff report stating the applicant proposed to amend the Province Village PD for portions of Tract 1 (known as Tract C) at 5.6 acres, from OP to R-4 for single family; Tract 2 (known as Tract B) at 13.4 acres from GB, Park, Open Space and Detention to R-4 for single family; and Tract 3 (known as Tract A) at 5.74 acres from R-4 Garden Style Homes to R-4 Single Family. Staff recommends denial for the following reasons: 1. Would not be consistent with the goals of the community or PD regulations 2. Does not meet the recommendations of the current Comprehensive Plan 3. Reduces land designated for diverse housing 4. Housing types proposed in the current PD are more appropriate for this area due to the fact that Pearland Parkway -Broadway Street corridor is growing rapidly into a walkable, urban center 5. Current PD uses provide a transition between the non-residential uses in the PD and existing single family development 6. Applicant is also seeking parkland dedication credit. A PD requires enhancement. 7. Applicant included sample elevations for the proposed single family homes. Staff recommends that if the homes are to be constructed as depicted in the sample illustrations, the elements (fagade materials, transparency, etc.) should be codified and included within the PD. Mr. Chris Lynch of Gehan Homes spoke with regards to amenities to the parks, and stated Joint Public Hearing Minutes of May 19, 2014 Page 4 of 6 the lots would exceed the R-4 requirements being approximately 55' X 120' in size. City Planner Johnna Matthews stated that most of the PD remains undeveloped and has been this way for ten (10) years, of which five (5) of those years the country saw a downturn in the economy. Mr. Paul Grohman, 2116 Kildare, Pearland, Texas 77581 spoke with regards to clarification on the lot size, stating they were making them larger, not smaller, than the R- 4 zone. He also stated the amenities are being honored and will put in a masonry fence. Mr. Sean Murphy, Vice -President of Hometown Bank, 2651 Pearland Parkway, Pearland, Texas 77581 spoke in favor of the PD amendment and would like to see Center Point change out the utility poles, making them underground. Council Member Greg Hill inquired about the number of residents under the existing proposed housing types verses the newly proposed housing and density. City Planner Johnna Matthews stated Tract 2 had 84 condos and Tract 3 had 27 patio homes. Mayor Tom Reid stated he felt Tract C would not want residents and the Office Professional (OP) was a better use. Mayor Pro Tem Keith Ordeneaux stated this amendment would give more single family and less depth. He also commented that he felt what he was hearing and what he was seeing, was not what Council wanted. Council Member Scott Sherman inquired if the townhomes would be owned or leased. City Planner Johnna Matthews stated that answer was not available to her. Council Member Tony Carbone stated he liked the development. He would like to see underground utilities. Mayor Pro Tem Keith Ordeneaux agreed. Mr. Paul Grohman stated this would be Center Points decision but they will be asking for underground, and at the very least, provide service at the back of the lot instead of at the front of the lot. Mr. Chris Lynch stated the homes would be approximately 2200-2400 s.f. selling at approximately $130 per s.f. There was brief discussion with Director of Community Development Lata Krishnarao stating townhomes and patio homes are not the same as multi -family homes. P&Z Commissioner Daniel Tunstall inquired if the open space requirements were the same, and City Planner Johnna Matthews stated they were. Mr. Paul Grohman state they were not giving more or less, but would amenitize the existing green space. He also clarified that the lot sizes would be 55' X 120' making these more than the required R-4 zone. Joint Public Hearing Minutes of May 19, 2014 Page 5 of 6 Council Member Greg Hill stated that people like useable detention. Discussion ensued with regards to open space, amenities and improvements. Mr. Hill also stated that townhomes typically are leased out and that single family is a better fit in this location. P&Z Commissioner Elizabeth McLane inquired when a TIA would be done. City Planner Johnna Matthews stated traffic impact analysis are not typically done with single family. P&Z Chairperson Henry Fuertes stated he felt the definitions needed to be looked at for multi -family, townhomes and senior living. He also stated he encourages amenitized detention and possibly look into adding to the UDC. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2014-05Z at 8:10 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of public hearings at 8:11 p.m. These minutes are respectfully submitted by: Judy Brown, Office Supervisor Minutes approved as submitted and/or corrected on this 9th day of June, 2014 A.D. Mayor Tom Reid Joint Public Hearing Minutes of May 19, 2014 Page 6 of 6