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2014-10-20 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES' MINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON October 20, 2014, AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE CALL TO ORDER Mayor Tom Reid called to order the series of public hearings at 6:30 p.m. for the City Council and P&Z Chairperson Henry Fuertes for the Planning and Zoning Commission. The following were present: Mayor Tom Reid Chairperson Henry Fuertes Mayor Pro Tem Keith Ordeneaux Vice Chairperson Daniel Tunstall Council Member Tony Carbone P&Z Commissioner Derrick Reed Council Member Scott Sherman P&Z Commissioner Elizabeth McLane Council Member Gary Moore P&Z Commissioner Mary Starr Council Member Greg Hill Also present were City Attorney Darrin Coker, City Planner Johnna Matthews, Senior Planner Ian Clowes, Director of Community Development Lata Krishnarao, Interim City 1 Engineer Richard Mantilla, Deputy City Manager Jon Branson, Assistant City Manager Trent Epperson, President of Pea land Economic Development Corporation Matt Buchanan and Office Assistant Jennifer Tatum. City Planner Johnna Matthews presented the public hearing process and order of the agenda. Mayor Tom Reid opened the public hearing for Zone Change Application No. 2014-17Z at 6:36 p.m. PURPOSE OF HEARING Zone Change Application No. 2014-17Z A request of Sergio Guzman, ownertapplicant; for approval of a change in zoning from Single Family Residential -1 (R-1) to General Business (GB) on approximately 0.90 acres of land, to wit: Legal Description: Tract No. 26 of Westchester Estates, according to the Jack C. McKnight Survey thereof dated April 6, 1962, a partition in the H.T. & B. Railroad Survey, Abstract 242, Brazoria County, Texas. General Location: 2701 Westchester Circle, Peadand, TX P&Z Chairperson Henry Fuentes read the purpose of the hearing into the record. Joint Public Hearing Minutes of October 20, 2014 Page 1 of 7 City Planner Johnna Matthews read the staff report stating the applicant was requesting a zone change from Single Family Residential (R-1) to General Business (GB). Ms. Matthews stated staff recommended approval. Betsy Guzman and Sergio Guzman, applicants, stated they wanted to convert the existing house into a real estate office and therefor would need to change the zoning. STAFF WRAP UP There was no one present to speak for or against the zone change. Council Member Scott Sherman inquired if the property was sold would it be free game and if uses should be limited on this property. Council Member Tony Carbone stated General Business zoning was correct and that he did not have an issue with straight zoning. P&Z Chairperson Henry Fuertes stated that the owner at 2727 Westchester came in 5-7 years ago asking for the same zone change and they were denied. Mr. Fuentes stated that this current vote should not signify that all zone change applications on Westchester will be approved in the future. Mr. Fuertes inquired if the address would change, City Planner Johnna Matthews stated yes. Mr. Fuentes stated that it would be impossible to restrict to straight zoning. Council member Scott Sherman stated that was correct. Mayor Tom Reid adjourned the public hearing process for Zone Change No. 2014-17Z at 6:43 p.m. Zone Change Application No. 2014-18Z A request of Arnold A Patterson, applicant; on behalf of Peadand New Harvest Christian Fellowship, Inc. owner; for approval of a change in zoning from the Single Family Residential — 1 (R-1) zoning district to the General Business (GB) zoning district; on approximately 3.850 acres of land, to wit: Legal Description: Being a 3.850 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 564, Brazoria County, Texas. Said 3.850 acre tract is in Lot 1, Block 1 of the New Harvest Christian Fellowship Subdivision as recorded in Clerk's File No. 2010052506 in the Brazoria County Official Public Records, Brazoria County, Texas General Location: 12216 Broadway Street, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Ian Clowes read the staff report staling that staff could not recommend approval at this time. Mr. Arnold Patterson, applicant, staled the church wanted to sell this property in order to Joint Public Hearing Minutes of October 20, 2014 Page 2 of 7 ' build a new sanctuary. Mr. Patterson stated from State Hwy 288 to Kirby was 100% business and that the vacant lot was surrounded by the General Business (GB) zoning. Mr. Patterson stated that the church was just doing what all of the surrounding businesses were doing. Pastor Keith Anderson, applicant, stated that the church needed a larger building and that most members lived in the direct surrounding area. Pastor Anderson stated the GB zone would allow the church to sell and build. Pastor Anderson also stated that the church wanted to make a positive impact on the community. Dawn & Paul Donnelly 12213 Willow Brook Ln 77584, spoke in opposition in regards to noise, crime, and decreased property value. Roland Falgdust 12208 Willowbrook Ln 77584, spoke in opposition in regards to decreased property value, light pollution, odor, crime, easy access for burglars and making home vulnerable. Mr. Falgdust stated he was with the neighborhood watch program and they did not have an issue with the church, just what it might bring to the community in regards to what was mentioned above. Tim Courtney 12108 Dawn Mist Ct 77584, spoke in opposition in regards to a negative impact leading to spot zoning. Mr. Courtney staled he loo was with the HOA and neighborhood watch program. Sheila and Stacy Harris 12211 Willow Brook 77584, spoke in opposition in regards to crime, pollution, rats, and cancer. Also stated when they purchased the property that the property would only be used for a church. Sheryl Raezer 3001 Mason Grove Lane 77584, spoke in opposition because she was told that the property would only be used for a church and that a business would not be allowed. Ms. Raezer also stated that this change did not conform to the Future Land Use. Darrel Davis Sr. 12215 Willow Brook Ln 77584, spoke in opposition in regards to privacy, crime, and pollution. Ronald Wilson 3005 Mason Grove 77584, spoke in opposition in regards to wanting to be surrounded by residential. Katrina Thompson 12408 Shady Brook Dr. 77584, stated she did not have an issue with the church and Inquired if a restriction could be enforced on what type of business goes in. Ms. Thompson also stated that with growth comes issues. Arnold Patterson 12216 Broadway 77584, spoke in favor on the zone change. Pastor Keith Anderson 12216 Broadway 77584. Spoke in favor of the zone change. ' Council Member Scott Sherman stated the zoning should stay residential. Mr. Sherman Joint Public Hearing Minutes of October 20, 2014 Page 3 of 7 stated the residents spent a lot of money on their homes and were told that the zoning would stay residential. Mayor Pro Tem Keith Ordeneaux stated that neighborhood Services would limit the uses and that Residential (R1) was not feasible. Mayor Tom Reid stated that the city has changed and that he wanted it to change in the right way. Mr. Reid stated that General Business (GB) was an option. Council Member Gary Moore stated the zoning should be Neighborhood Services and that he did not want GB zoning. Mr. Moore also staled that not too many homes could fit in this area. Council Member Greg Hill stated there was not too much of a difference in GB and NS zoning. Mr. Hill inquired if there was a developer interested in the property. Mr. Patterson, applicant stated no. Mr. Hill inquired about companies that have contacted the applicant with interest. Mr. Patterson stated a dry cleaning company has interest and that he would like to see a daycare come in. Mr. Hill stated that everything surrounding the property was zoned GB and that he did not have an issue with the zone change. Mr. Hill also stated that some control was need in regards to what types of business went in. Council Member Scott Sherman inquired how long the property had been zoned R1. Senior Planner Ian Clowes stated since 2000 and that the church purchased it in 1999. Mr. Sherman stated that it was not the job of the city to make this property sellable. Council Member Tony Carbone stated the land was purchased before it was zoned and that government should not be able to put restrictions on land. Mr. Carbone stated he did not think GB was the way to go with zoning, but to not leave it as R1 either. Mayor Tom Reid adjourned the public hearing process for Zone Change No. 2014-18Z at 7:44 p.m. Conditional Use Permit (CUP) Application No. CUP 2014-09 A request of BGE Kerry R. Gilbert & Associates, applicant; on behalf of George Fishman, owner; for approval of a Conditional Use Permit to allow for a Nursing/Convalescent Home within the Business Park— 288 (BP -288) zoning district, on approximately 9.4 acres of land, to wit: Legal Description: Being a 9.4083 tract of land located in the H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract being all of a called 3.39 acre tract of land recorded in the name of George D. and Mary Fishman in Clerk's File Number 2005061002 of the Official Records of Brazoria County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of land (North 3.3 acres) recorded in the name of George D. and Mary Fishman in Clerk's File Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3 acre tract of land (South 3.3 acres) recorded in the name of Joint Public Hearing Minutes of October 20, 2014 Page 4 of 7 ' George D. and Mary Fishman in Clerk's File Number 97-010496 of the O.R.B.C. General Location: West side of Business Center Drive, south of Pearland Town Center, Peadand, TX APPLICATION INFORMATION AND CASE SUMMARY City Planner Johnna Matthews read the staff report stating the applicant was applying for a Conditional Use Permit to allow for a Nursing/Convalescent Home within the Business Park -288 (BP -288) zoning district. Ms. Matthews stated staff recommended approval with the following conditions: 1. The proposed use will be in conformance with the Comprehensive Plan, with approval of the CUP, and meets the intent of the Business Park Future Land Use designation. The location of the property lends itself for a mix of non-residential uses, as indicated by the Comprehensive Plan, and will continue to provide for a mix of uses that are planned or developed for the area. 2. There should be no major impacts to the single family residential subdivision to the west, as it will be separated from the proposed development As a 176 -foot wide detention pond and a 60 -foot drainage easement, for a total of 236 -foot separation, which will provide a sufficient buffer between the non-residential use and the existing single family subdivision. 3. Approval of the CUP will not have a negative impact on the existing character of the neighborhood. The subject property is surrounded by commercial uses and/or zoning districts on three sides with a single family subdivision to the west, with an over 200 foot buffer. 4. The undeveloped site will conform to all requirements and policies of the UDC, with the exception of the amenitized detention facility located along the western- most boundary. However, a screening wall is proposed and staff recommends a tree -line with shrubs along the screening wall. All other requirements of the UDC will ensure an aesthetically appealing development, including compliance with screening/fencing, lighting, height, buffering, landscaping and parking requirements. Conditions of Approval 1. In addition to the proposed screening wall, staff recommends a vegetative screen, on the east side of the proposed screening wall (within the proposed 30 -foot buffer) to provide a visual screen from the proposed wall. The vegetative screen shall incorporate plantings and shrubs. Shrubs shall be placed a minimum of 3 feet on center. ' Joint Public Hearing Minutes of October 20, 2014 Page 5 of 7 2. The applicant has also applied for a variance to create a Flag lot. All conditions approved with the variance must also be adhered to. Staffs recommended conditions for the reference indude the following: a. The access easement located within the pole portion of the subject parcel shall be treated as City Street, requiring 1 caliper Inch of tree for every 15 feet of frontage on either side of the easement, with each tree having a minimum of 2 caliper inches. b. Sidewalks shall be required along both sides of the access easement located within the pole portion of the subject parcel and connect to both Business Center Drive, and to planned walkways within the development. Kathryn Edwards with Kerry Gilbert, representing the applicant, stated they would comply with staff recommendations, but they were not sure about the sidewalks. There was no one present to speak for or against the Conditional Use Permit. Mayor Pro Tem Keith Ordeneaux inquired if the county would allow wet detention. City Planner Johnna Matthews replied yes. 1 P&Z Vice Chairperson Daniel Tunstall inquired if Business Center PD was to the South. Ms. Matthews replied yes. Mr. Tunstall inquired If people were going to use the property and V so it needed more amenities. Kathryn Edwards replied that there would be sidewalks and a gym. P&Z Chairperson Henry Fuertes stated that detention did not have to be dry because of the county. Mr. Fuentes stated it was the applicant's choice to deed the detention over to the county and that was their choice. Mr. Fuentes inquired if the CUP was for the entire lot. Ms. Matthews stated it was for the 4 acres .Ms. Matthews stated that staff has promoted wet detention and the applicant wanted a variance. Kathryn Edwards stated that there was drainage as well and that this would be discussed later. Mayor Tom Reid adjourned the public hearing process for Zone Change No. 2014-23Z at 8:05 p.m. These minutes are respectfully submitted by: A I IA.10 � LUIA) Jennifer Tatum, O ce Assistant Joint Public Hearing Minutes of October 20, 2014 Page 6 of 7 I Minutes approved as submitted and on this 20th day of October, 2014 A.D. �I7a�L VVuj Mayor Tom Reid ' Joint Public Hearing Minutes of October 20, 2014 Page 7 of 7