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2015-03-16 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 MARCH 16, 2015 AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE CALL TO ORDER Mayor Tom Reid and P&Z Commissioner Mary Starr opened a series of public hearings at 6:36 p.m. The following were present: Mayor Tom Reid P&Z Commissioner Mary Starr Mayor Pro Tem Keith Ordeneaux P&Z Commissioner Thomas Duncan Council Member Tony Carbone P&Z Commissioner Derrick Reed Council Member Scott Sherman P&Z Commissioner Elizabeth McLane Council Member Gary Moore P&Z Chairperson Henry Fuertes (arrived at 7:15 p.m.) Council Member Greg Hill 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 Supervisor Judy Brown. City Planner Johnna Matthews presented the public hearing process and order of the agenda. Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. 2014- 11 at 6:39 p.m. PURPOSE OF HEARING P&Z Commissioner Mary Starr read the purpose of the hearing into the record. PURPOSE OF HEARING CONDITIONAL USE PERMIT APPLICATION NO. 2014-11 A request of William G. Crowell, applicantlowner for approval of a Conditional Use Permit to allow for the construction of a Residential Antenna Support Structure within the Single Family Residential - 3 (R-3) zoning district on approximately 0. 1446 acres of land, to wit: Legal Description: Being Lot 17, Block 3 of the Hazeldale Estates Plat, Recorded in Vol. 17, Pg. 243 of the Brazoria County Public Record, out of a tract of land containing 18.327 acres of land in the Perry Austin League Abstract III, Brazoria County, Texas. Minutes of the Joint Public Hearing March 16, 2015 Page 1 of 5 General Location: 2716 Shauntel Street, Pearland, TX Senior Planner Ian Clowes read the staff report stating the applicant was seeking a Conditional Use Permit to allow construction of a residential antenna support structure. Staffs recommendation was for denial for the following reasons: 1. Inability to ensure surrounding properties would not be affected by a potential tower failure in the future due to small lot size 2. In the event of an emergency situation, the guy wire located in the front yard could be a hazard as it may not be visible. Staff received 2 entails in opposition, 13 phone calls inquiring with 1 in opposition, and 7 public comment forms in opposition. Mr. William Crowell of 2716 Shauntel, Pearland Texas, applicant, gave a presentation speaking on issues such as height, structure and tower. Mr. Crowell addressed staffs' concern by stating it would meet windstorm requirements. He disagreed that it would be inappropriate. Mr. Lance Foss of 1409 O'Day, #51, Pearland Texas spoke stating concern with the wattage being transmitted. Council Member Greg Hill inquired if the applicant had the current structure. Mr. Crowell replied he did not. Council Member Hill commended Mr. Crowell on his knowledge of the tower but stated he did not feel it was the best location. Mayor Pro Tent Keith Ordeneaux stated he knows of a tower on Garden/O'Day area but that it sits on 1 acres of land. Council Member Ordeneaux stated he did not feel this was the best fit in the neighborhood. Council Member Scott Sherman expressed concern as the normal height of a home is 35 feet and this structure might be 50 feet in height. Council Member Scott Sherman suggested that maybe the UDC should be re -written to address the height, as 50 feet might be too tall. Commissioner Thomas Duncan inquired if a structural engineer had looked at the plan. Mr. Crowell stated no, but he would hire one post approval. Commissioner Duncan inquired how the maximum height of 50 feet was determined, and did it include the antenna on top of the structure or just the structure. Chairperson Henry Fuertes stated as a reference that the average telephone pole measures 40 feet in height. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2014-11 at 7:04 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2015-01 at 7:04 Minutes of the Joint Public Hearing March 16, 2015 Page 2 of 5 p.m. CONDITIONAL USE PERMIT APPLICATION NO. 2015-01 A request of Ben Searway, applicant; on behalf of SW40, LLC, owner; for approval of a Conditional Use Permit (CUP) for an exemption to the fagade requirements for an existing structure located in the Garden/O'Day — Mixed Use (G/O-MU) district on approximately .568 acres of land, to wit: Legal Description: Being lot Six (6) and the North 12.5 feet of lot Seven (7) in block Six (6), of Hickory Creek Place, a subdivision in Brazoria County, Texas according to the map or plat thereof, recorded in Volume 11, Page 1 of the Plat Records of Brazoria County, Texas General Location: 2125 Garden Road, Pearland, TX P&Z Chairperson Henry Fuertes read the purpose of the hearing into record. Senior Planner Ian Clowes read the staff report stating staff recommended approval for the Conditional Use Permit for an exemption to the fagade requirements for an existing structure. Due to the length of vacancy and surrounding site conditions, a Certificate of Occupancy would be issued once the structure came into compliance with landscaping and parking. Staff received one public comment in opposition. Mr. Denek Roach, representative for the applicant was present and added the applicant was seeking approval of the CUP. There was no one present to speak for or against the proposed request. Council and Commission all stated they were glad to see flexibility from staff and were in favor of the CUP. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2015-01 at 7:14 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2015-02 at 7:14 p.m. CONDITIONAL USE PERMIT APPLICATION NO. 2015-02 A request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of Glass 518 Joint Venture, owner; for approval of a Conditional Use Permit (CUP) to allow for a Mini- Warehouse/Self Storage Facility located within the General Business (GB) zoning district on approximately 4.5496 acres of land, to wit: Legal Description: Being all of Lot 1 of Pearland Senior Village, as recorded in Doc. #2010012628 of the Brazoria County Plat Records in the H.T. & B.R.R. Co. Survey, Abstract No. 242 in Brazoria County, Texas. Minutes of the Joint Public Hearing March 16, 2015 Page 3 of 5 General Location: Southwest corner of Broadway Street and Brownstone Place, Pearland, TX Senior Planner Ian Clowes read the staff report stating the applicant meets all the regulations to allow for a Mini-Warehouse/Self Storage Facility. Staff received 2 public comment fors in favor. Staff did recommend the following conditions of approval: 1. As partof the conditions for approval, staff requested that the applicant apply higher landscaping standards to Brownstone Place (a public access easement). This was intended to minimize the visual impact of the development along Brownstone Place. The applicant has complied with this request, providing a building setback along Brownstone Place of 25 feet as opposed to the required 10 feet, and by providing landscaping along Brownstone Place that is equal to the requirements of the COD. Staff requests that the applicant add a landscape calculation table to the site plan in order to enable staff to ensure all landscaping requirements are met. 2. Staff requests that the applicant add additional landscaping, consisting of a continuous hedge or berm, to the southern boundary of the property to screen buildings from adjacent uses. 3. All proposed fencing in all yards and buffers will be wrought iron and will be shown on the provided site plan. Also, add a note on the site plan that there will be no metal buildings. Ms. Katheryn Edwards, applicant with BGE Kerry Gilbert and Associates made a presentation stating there would be an onsite residence 24/7. Senior Planner Ian Clowes stated the applicant resubmitted changes earlier on this date, and even though the packet had not been thoroughly reviewed, it did appear that all the conditions had been met. There was no one present to speak for or against the proposed request. Council Member Greg Hill welcomed Ms. Edwards and thanked her for returning after a recent submittal that was not accepted. Council Member Tony Carbone agreed with Council Member Hill. Mayor Pro Tem Keith Ordeneaux stated it was not an ideal location but is one of the better looking storage facilities that he has seen. Senior Planner Ian Clowes stated that the applicant had met all of staffs comments and even put in additional shrubbery. Council Member Carbone asked if there were any issues with pipelines, and Senior Planner Ian Clowes replied there were not. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2015-02 at 7:32 p. M. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2015-03 at 7:32 p.m. Minutes of the Joint Public Hearing March 16, 2015 Page 4 of 5 CONDITIONAL USE PERMIT APPLICATION NO. 2015-03 A request of Greg Gow (FCI) as Agent for Verizon Wireless, applicant; on behalf of Ace Manor Property Development 1, owner; for approval of a Conditional Use Permit (CUP) to allow for the construction of a Wireless Telecommunication Tower located within the General Commercial (GC) zoning district on approximately 2.046 acres of land, to wit: Legal Description: Being 2.046 acres out of Lot 58 of the W. Zychlinski Subdivision, Vol. 29, Pg. 43 of the Brazoria County Deed Records, within the H.T. & B.R.R. Co. Survey, Abstract 542 City of Pearland, Brazoria County, Texas. General Location: 1515 North Main Street, Pearland, TX Senior Planner Ian Clowes read the staff report stating the applicant was seeking a CUP to allow for the construction of a wireless telecommunication tower and that staff recommended approval. The applicant would add additional landscaping and pave the access. Staff received 1 public comment form in favor of the request. Mr. Greg Gow, representative from Verizon Wireless, was present. Mr. Lance Voss of 1409 O'Day Rd, Pearland Texas spoke stating he was in favor of the tower. He did express concern of EMF radiation as related to health, and that the City should look into light pollution. Council Member Tony Carbone inquired what value extra landscaping provides in an industrial use area, and Mayor Pro Tem Keith Ordeneaux agreed. Both stated they could see it being beneficial on FM 518 but not behind a building. Both did agree with the pavement. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2015-03 at 7:46 P. M. ADJOURNMENT Mayor Tom Reid adjourned the series of public hearings at 7:46 p.m. These minutes are respectfully submitte y: 1.4 a Judy Bro n, Comnfunity Development Office Supervisor Minutes approved as submitted and/or corrected on thisof May, 2015 A.D. —MaJ\om Mayor TZ2 ay Ma Tom Reid Minutes of the Joint Public Hearing March 16, 2015 Page 5 of 5