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2015-02-16 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 16, 2015, AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE CALL TO ORDER The following were present: Mayor Tom Reid Mayor Pro Tem Keith Ordeneaux Council Member Tony Carbone Council Member Scott Sherman Council Member Gary Moore Council Member Greg Hill Chairperson Henry Fuertes Vice Chairperson Daniel Tunstall P&Z Commissioner Derrick Reed P&Z Commissioner Elizabeth McLane P&Z Commissioner Ginger McFadden P&Z Commissioner Thomas Duncan P&Z Member Mary Starr Also present were City Attorney Darrin Coker, City Planner Johnna Matthews, Senior Planner Ian Clowes, Interim City Engineer Richard Mancilla, Deputy City Manager Jon Branson, Assistant City Manager Trent Epperson, Executive Director of Development Services and PEDC President 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. 2015-0lZ at 6:52 p.m. PURPOSE OF HEARING P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record. Zone Change Application No. 2015-01Z A request of Thomas Offenberger, applicant; on behalf of JK Joseph & Matthew John, owners; for approval of a change in zoning from the Light Industrial (M-1) zoning district to the General Business (GB) zoning district; on approximately 0.9678 acres of land, to wit: Legal Description: Being all that certain 0.9678 acres of land being the northerly part of that 1.727 acre tract known as JKJ Development, a minor plat recorded as document 2008015246 in the official public records of Brazoria County, Texas. General Location: 200 feet north of the northwest corner of Mykawa Road and W. Orange Street, Pearland, TX Minutes of the February 16, 2015 Joint Public Hearing APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Ian Clowes read the staff report stating the applicant was seeking a zone change from Light Industrial (M1) to General Business (GB). Mr. Clowes stated that staff was unable to recommend approval for the following reasons: • The change in zoning is in conflict with the Comprehensive Plan, as the proposed zoning of GB does not conform to the future land use designation of Industrial. • The city has a finite amount of land that is currently undeveloped and zoned for industrial use. The Comprehensive Plan states that preservation of this land should be a priority. The applicants proposed use of a fuel station with an attached convenience store is permitted within the existing GB zoned portion of the property located at the hard corner. The GB zone runs along the frontage of Orange Street providing a buffer between the residential neighborhood to the south and the industrial area to the north. Denial of the requested zone change would not prevent the applicant from constructing said use on the property. While it is the stated current plan of the applicant to see a convenience store developed at the site, multiple other uses are allowed within the GB zone, such as auto repair, auto parts sales, daycare, restaurants, and other retail uses, would not be appropriate for the property due to the adjacent industrial uses that currently include chemical batching, storage, and packaging. Mr. Thomas Offenberger, representing the applicant, spoke of deviations from the Unified Development Code (UDC), and proposed changes for Mykawa and Orange Streets to be 4 lanes in the future. Mr. Offenberger stated that if the zoning was left as is it did not eliminate a gas station or convenience store from going in. Mark Hacas 1904 Mykawa Pearland 77581 stated he was opposed to the zone change. David Miller 3007 Broadway and 3008 Windwood Pearland spoke in favor of the zone change. Mr. Miller stated the subject land was the only developable part of the intersection and that it would be good to have it platted and zoned. Mr. Miller also stated that Mykawa and Orange streets would be 4 lanes in the future. Council Member Keith Ordeneaux inquired if Orange Street was going to be 4 lanes in the future. Assistant City Manager Trent Epperson stated Orange was designated as a major collector which is four lanes. Mr. Epperson stated he did not see Orange Street expanding to four lanes. Mr. Ordeneaux inquired about what the plans were, he stated that 2 acres was big for a gas station and convenience store. Minutes of the February 16, 2015 Joint Public Hearing Council Member Scott Sherman inquired if the applicant knew that the business north of the property was expanding and if this would affect the applicant's plans. Mr. Thomas Offenberger stated that they were not aware of the expansion and was not sure how this would affect their plans. Council Member Greg Hill inquired if the applicant needed the zone change because of existing trees and them being protected. Mr. Offenberger stated that the land was clear and that he was not aware of an issue with trees. Thomas Offenberger addressed Council Member Keith Ordeneaux stating the applicant wanted a gas station and other General Business (GB) uses and that the tract was only 189 feet deep. P&Z Chairperson Henry Fuertes inquired about keeping the subject property (M1) as a base zone and the applicant coming back with a Conditional Use Permit. Mr. Fuertes inquired if the lot was 189 feet including the 2nd lot or by itself. Mr. Offenberger stated both lots were about 300 feet together. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2015-01Z at 7:20 p.m. Mayor Tom Reid opened the public hearing for Zone Change No. 2015-02Z at 7:21 p.m. Zone Change Application No. 2015-02Z A request of Gerald L. Koza Jr., applicant; on behalf of Associated Properties, owner; for approval of a change in zoning from the General Commercial (GC) zoning district to the Light Industrial (M-1) zoning district; on approximately 4.020 acres of land, to wit: Legal Description: Being a 4.020 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 542 in Brazoria County, Texas. Said 4.020 acre tract is part of Lot 52 of Zychlinsky Subdivision according to the plat recorded in Volume 29, Page 43 of the Deed Records of Brazoria County, Texas and is further described as being all of a one (1) acre tract, a 2.179 acre tract and part of a 2.000 acre tract as described in a deed to Associated Properties as recorded in Clerk's File No. 2011034738 in the Brazoria County Clerk's Office. General Location: 3706-3902 Alice Street, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Ian Clowes read the staff report stating the applicant was seeking a zone change from General Commercial (GC) to Light Industrial (M1). Mr. Clowes stated that this was part of the Future Land Use Plan. Mr. Clowes stated that staff recommended approval. Minutes of the February 16, 2015 Joint Public Hearing Mr. Jerry Koza, applicant, stated he had to replat and decided to clean up the zoning. There was no one present to speak for or against the zone change. Mayor Reid stated that this was a good example of the city getting M-1 zoning and that he appreciated the change. Council Member Keith Ordeneaux thanked the applicant for cleaning up the zoning and agreed that it should be M1. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2015-02Z at 7:27 p.m. Mayor Tom Reid opened the public hearing for Zone Change No. 2015-03Z at 7:28 p.m. Zone Change Application No. 2015-03Z A request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of Beltway 23, LTD., owner; for approval of a change in zoning to amend the Kinglsey and Broadway Planned Development (PD), to allow Mini-Warehouse/Self Storage; Auto Accessories and/or Parts Retail Sales; to prohibit Hotels/Motels; and to revise landscape requirements and various exhibits; on approximately 18.1 acres of land, to wit: Legal Description: The herein described 20.3 acres (prior to right-of-way dedication), 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 of Broadway Street and Kinglsey Drive, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Ms. Kathryn Edwards with Kerry Gilbert and Associates, stated she met with residents from Southern Trails that abut the Planned Development on February 4, 2015. Ms. Edwards stated that a large concern was the height of the building. Ms. Edwards stated that residents' concerns were taken into consideration and this is why they limited the height of the building to 30'. Ms. Edwards also stated that the hours of operation would be set from 8 a.m. to 8 p.m., security would be on premise 24 hours a day, the property would be fenced and would have enhanced regulations. Ms. Edwards stated this would be a quality development and asked Council to please consider the amendment. Minutes of the February 16, 2015 Joint Public Hearing Mr. Rushi Patel 12213 Rosemont Lane 77584, spoke in opposition concerning the impact a storage facility would have on the surrounding residential area. Mr. Patel also stated that the developer just got approval for the PD in 2012 and is already trying to get it amended. Mr. Alex Barr 3106 Decker Field Ln 77584, spoke in opposition regarding street lighting along the east side, surveillance cameras, property value, and the self -storage building being 30' high. Mr. Roland Falgoust 12208 Willow Brook Ln 77584, spoke in opposition regarding not wanting self -storage near the neighborhood, the proposed 8' barrier and the building being 30' tall, hours of operation, and the building being an eyesore. Ms. Montserrat Roig 12507 Pepper Creek Ln 77584, spoke in opposition with regards to the effect on the quality of life, noise pollution, land value, privacy, safety, and increased traffic. Mr. Tim Courtney 12108 Dawn Mist Ct 77584, spoke in opposition with regards to noise pollution, hours of operation, safety, crime, and land value. Mr. Kevin Hunter 12403 Pepper Creek Ln 77584, spoke in opposition in regards to not wanting self -storage near his neighborhood, and the negative impact it will have on the surrounding area. Mr. Joey Samuel 3102 Decker Field Ln 77584, spoke in opposition stating he did not want self -storage near his home. Mayor Tom Reid stated the city of Pearland had upscale neighborhoods and this is why the city has zoning. Council Member Greg Hill stated he did not like the proposal and he did not want to see this development next to residential homes. Mr. Hill also stated that the uses were not permitted and he was not impressed. Council Member Gary Moore inquired what the market study showed for a bank being put there. Kathryn Edwards stated that a bank was not proposed. Mr. Moore stated that he did not like the proposal due to it being too close to residential homes and that it could bring in crime. Mr. Moore inquired if tenants would be able to run a business out of the self -storage. Ms. Edwards stated no. Mr. Moore stated that he agreed that 30' was equal to a 2 story building. Ms. Edwards stated that 45' was allowed as of now and they minimized that to 30'. Council Member Keith Ordeneaux stated this was a new PD and he was seeing a trend wanting zone changes soon after PD's are approved. Mr. Ordeneaux stated that self - Minutes of the February 16, 2015 Joint Public Hearing storage was not done without a CUP. Mr. Ordeneaux inquired why the applicant was coming back after only 2 years, Ms. Edwards stated it was because of interest in the property. Mr. Ordeneaux stated he did not think this was a good fit and didn't want to see this for Pearland. Council Member Scott Sherman thanked the applicant for meeting with residents and inquired what date the meeting was held. Ms. Edwards stated February 4, 2015.Mr. Sherman inquired what documents were provided to staff. City Planner Johnna Matthews stated the documents were included in the packet. Mr. Sherman inquired how many residents were opposed to the proposal. A resident stated 30-40. Mr. Sherman stated that scare tactics were used in the meeting with residents and the residents were lied to. Mr. Sherman stated that he was angry and that the residents deserved better. Ms. Edwards stated she wanted to address the residents' concerns and that some of these things would be beneficial. Mr. Sherman inquired about the applicant cleaning up the trash on the subject property. Council Member Tony Carbone stated he was not a fan of this change as is. Mr. Carbone stated he did not want to see self -storage going in. P&Z Commissioner Derrick Reed stated that lies were told to the residents regarding a hotel going in. Commissioner Reed asked whether a barbed wire fence was proposed. Ms. Edwards stated a solid wall would be in place with security. Mr. Reed stated that auto parts retail was prohibited in the first PD and it is being brought back in. Mr. Reed stated you were able to work on your car in the parking lots of these establishments and that it would not be regulated. Mr. Reed stated the residents did not want self -storage. Ms. Edwards stated they were here to get feedback and they understood the concerns of the residents. P&Z Vice Chairperson Daniel Tunstall inquired if the gas station was already built when the PD was in place, Ms. Edwards stated yes. Discussion ensued concerning the entrance, driveway and placement of the carwash. Mr. Tunstall stated that the residents were very concerned. P&Z Commissioner Ginger McFadden stated she lived '/2 a mile from the subject property and she did not want this change. Ms. McFadden stated she did not like all of the pad sites and did not think this was the right fit for that location. Ms. McFadden stated she was not in favor of any of it. P&Z Commissioner Elizabeth McLane inquired if the applicant went back to the original plan after the meeting with residents. Ms. Edwards stated no. P&Z Chairperson Henry Fuertes stated that 20 acres on this corner would be hard to develop without an anchor pad site. Mr. Fuertes stated he did not like the proposal in 2012 and he did not like it now. Mr. Fuertes stated self -storage was not the best use in this location. Minutes of the February 16, 2015 Joint Public Hearing City Planner Johnna Matthews stated the Future Land Use Plan showed this site to be low density residential. ADJOURNMENT Mayor Tom Reid adjourned the series of public hearings at 8:43 p.m. These minutes are respectfully submitted by: Jennifer a um, Community Development Office Assistant Minutes approved as submitted and/or corrected on this 91" day of March, 2015 A.D. Mayor Tom Reid Minutes of the February 16, 2015 Joint Public Hearing