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2015-11-16 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 NOVEMBER 16, 2015 AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE CALL TO ORDER Mayor Tom Reid opened a series of public hearings at 6:30 p.m. The following were present: Council Member Tony Carbone P&Z Acting Chairperson Daniel Tunstall Council Member Greg Hill P&Z Commissioner Ginger McFadden Council Member Keith Ordeneaux P&Z Commissioner Mary Starr Council Member Derrick Reed P&Z Commissioner Troy Pradia Council Member Gary Moore P&Z Commissioner Derrell Isenberg Also present were Deputy City Manager John Branson, Assistant City Manager Trent Epperson, City Attorney Darrin Coker, Director of Community Development Lata Krishnarao, City Planner Frankie Legaux, Senior Planner Ian Clowes, Associate Planner ' Vince Hustead, City Engineer Sue Polka, Assistant City Engineer Richard Mancilla, Deputy City Attorney Lawrence Provins, Pearland Economic Development Corporation President Matt Buchanan and Office Assistant Jennifer Tatum and Alma Gonzales. Senior Planner Ian Clowes presented the public hearing process and order of the agenda. Mayor Tom Reid opened the public hearing for Conditional Use Application No. 2015-10 @ 6:32 p.m. PURPOSE OF HEARING P&Z Acting Chairperson Daniel Tunstall read the purpose of the hearing into the record. Conditional Use Application No. 2015.10 A request of Sheila Rowley of Studio Red Architects, applicant; on behalf of the Archdiocese of Galveston -Houston, owner; for approval of a Conditional Use Permit (CUP) to allow for a school use in the Single Family Residential -2 (R-2) zoning district; on approximately 9.9978 acres of land, to wit: Legal Description: Being a 9.9978 acre tract of land out of Lots E and 105, Section No. 1, A.C.H. & B.R.R Co. survey, Abstract Number 147, according to the plat thereof as filed in Volume 2, Page 1 Brazoria County Plat Records, Pearland, Brazoria County, Texas. ' General Location: 2209 Old Alvin Road, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Ian Clowes read a brief summary stating the applicant would like to expand the school use in R-2 zoning district PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST , Anthony LaCoste, Representative for St. Helen's Church and Representatives for Studio Red Architects, Sheila Rowley & Trung Doan were available for questions. Dale Bruckberry inquired on further information on the expansion and detention. Larry Wysong was against the CUP. He had concerns about the increased capacity and not enough parking spaces to accommodate. Councilman Greg Hill asked Sr. Planner Ian Clowes to address the parking plans and detention, Ian responded that after two pre -development meetings, the information provided by developer was adequate for the proposed changes. The overall parking on site will increase once the expansion is completed. Trung Doan added that the traffic will Flow more effectively with the addition of the new parking spaces. Councilman Keith Ordeneaux inquired about the "stacking" of cars and will this be effective and weather detention will be adequate, Trung Doan explained that the detention proposal met requirements. Sr. Planner Ian Clowes agreed. , Councilman Tony Carbone commented that he was sympathic with neighbors and asks if the City Engineer has reviewed plans for permit. Richard Mancilla, City Engineer replied that plans have not been submitted at this time. Councilman Gary Moore inquired if there would be any effects on Sunday's regular mass and activities. Trung Doan replied there wouldn't be any effects. Mayor Tom Reid adjourned the public hearing for Conditional Use Application No. 2015-10 at 6:54 p.m. PURPOSE OF HEARING P&Z Acting Chairperson Daniel Tunstall read the purpose of the hearing into the record. Mayor Tom Reid opened the public hearing for Conditional Use Application No. 2015-11 @ 6:55 p.m. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2015-11 A request of N. Khalfe of Powers Brown Architecture, applicant; on behalf of Spencer ' Bennett, owner; for approval of a Conditional Use Permit (CUP) to allow for the reduction of transparency, articulation, and farade requirements on a new building in the Light Industrial (M-1) zoning district; on approximately 11.983 acres of land, to wit: Legal Description: That certain 11.983 acre tract out of a 27.056 acre tract out of a 48.035 acre tract being the Easterly part of a 94.243 acre tract in the F.B. Drake Survey, A-1181, and the H.T.& B.R.R. Survey, A-413, Harris County, Texas. General Location: 3303 S. Sam Houston East, Pearland, TX. ' APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Ian Clowes read a brief statement regarding applicant requesting additional metal building. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Stacy Driver with Powers Brown Architecture stated that they could not meet the facade requirements therefore they have requested a CUP. Councilman Keith Ordeneaux, inquired if the metal building would be masonry bottom or tilt wall metal concrete, Stacy Driver answered tilt wall metal to match existing. Keith also asked about the brick for the building, Sr. Planner Ian Clowes stated that the code requirements for the building to be 50% masonry Mayor Tom Reid adjourned the public hearing process for Conditional Use Application No. 2015-11 at 7:04 p.m. PURPOSE OF HEARING P&Z Acting Chairperson Daniel Tunstall read the purpose of the hearing into the record. ' Mayor Tom Reid opened the public hearing for Conditional Use Application No. 2015-12 @ 7:05 p.m. CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT APPLICATION NO. 2015-12 A request of Windrose Land Services, Inc., applicant; on behalf of T&B Alexander Family LTD Partnership, owner; for approval of a Conditional Use Permit (CUP) to allow for fuel station and convenience store in the General Commercial (GC) zoning district; on approximately 2.3304 acres of land, to wit: Legal Description: A tract or parcel containing 1.8712 acres of land, being all of Lot 1, Block 1, Stripes Pearland, Map or Plat thereof recorded under P&Z Regular Meeting Brazoria County Clerks File (B.C.C.F.) No. 2015042573, situated in the A.C.H. & B. Survey, Abstract No. 507, Brazoria County, Texas; and being a tract or parcel containing 0.4592 acres of land being all of Restricted Reserve "A", Block 1, Stripes Pearland, Map or Plate thereof recorded under Brazoria County Clerks File (B.C.C.F.) No. 2015042573, situated in the A.C.H. & B. Survey, Abstract No. 507, Brazoria County, Texas. General Location: 3808 S. Main Street, Pearland, TX ' APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Ian Clowes read a brief statement regarding applicant requesting CUP to allow for fuel station and convenience store in the (GC) zoning district. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Mr. Henry Fuentes spoke regarding access to the property from the south. Councilman Greg Hill asked if the entrance on SH 35, right in or out. Assistant City Engineer Richard Mancilla answered no median at the moment, TXdot is determining Councilman Keith Ordeaneaux asked if there will be two shared accesses. Windrose Land ' Services, Inc. answered the intention will be for two accesses. Councilman Tony Carbone had a question regarding the hard corner. Was it a pad site and will it be landscaping or parking. Developer answered preliminary plans can be modified if within reason. Councilman Derrick Reed commented that he thinks the development was great. Councilman Gary Moore stated he did not have a problem with development only issue he does have is the entrance on SH 35 and the median. Developer answered to his comment that TXDot has already approved and they are willing to work with city. He did a TIA as well. Mayor Tom Reid adjourned the public hearing process for Conditional Use Application No. 2015-12 at 7:16 p.m. PURPOSE OF HEARING P&Z Acting Chairperson Daniel Tunstall read the purpose of the hearing into the record. Mayor Tom Reid opened the public hearing for Conditional Use Application No. 2015-12Z ' @ 7:17 p.m. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NO. 2015-12Z A request of R West Development Co, Inc., applicant; on behalf of Henry Kurjee of Houston Business Investments Inc. and Tracy F. Goza of Pearland Magnolia LLC, owners; for approval of a change in zoning from the Light industrial (M-1) zoning district to the Single Family Residential -3 (R-3) zoning district; on approximately 35.6674 acres of land, to wit: Legal Description: Being a part of a 31.1339 acre tract out of the H.T. & B. RR Company Survey, Section 11, A-239 and a 10.076 Acre tract out of Section 11. H.T. & B. RR Co. Survey A-239 Peadand, Brazoria County, Texas. General Location: East side of Veterans Drive, approximately 450 feet north of Magnolia Road, Peadand, TX. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Ian Clowes read a brief summary for a request to change the zoning from ' light industrial to single family residential, staff does not recommend approval. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Chris Peden, representative for the applicant spoke regarding economic value to changing zones and listed six factors surrounding the residential area. Stephen Robinson, representative for the property owner does not feel keeping the zone light industrial is a good idea, he is in favor of the change. ' Bud Goza, property owner across the street from proposed zone change discussed the wonderful amenities that the subdivision would provide, is in favor of the change. Larry Marcott is against the change, not happy industrial land in that area will run out, no more job openings. Roy Grasha is for the changes. He commented that the property value will rise and currently too much noise from the industrial businesses. James Stini spoke in opposition of the zone change. Ronald L. Jordan with International Machine spoke briefly and was opposed to the zone change. Stuart Carpenter spoke briefly and was against the change. Josh Davis spoke briefly and was against the change. Beth Estrada, Manager for Magnolia Place MHC spoke briefly and was opposed to the change. Had previously requested further information. ' Councilman Gary Moore asked what would be the general value of the homes. Stephen Robinson answered it would be a gated community with home values of $250,000. Councilman Derrick Reed asked about the insulation remedy for the train noise and who would be the home builder. Stephen Robinson answered that the plans would be to build a berm along the tracks with a 1211. brick wall, Anglia Homes will be the homebuilder. Councilman Keith Ordeaneaux commented that there are too many homes and R-3 values do not support infrastructure costs. He would rather keep the zone industrial. More cost effective and not a good case for it. Councilman Greg Hill is opposed to the re -zoning. Alot would need to be done with entrances on Magnolia. Does not make sense. Councilman Tony Carbone commented on the tax rate. All concerns need to be addressed before site plan approval. Derrell Isenberg with the P & Z Commission is opposed to the re -zoning and commented that the industrial companies pay the price when residential development goes in. Daniel Tunstall with the P & Z Commission is opposed. ' Mayor Tom Reid adjourned the public hearing process for Conditional Use Application No. 2015-12z at 8:01 p.m. PURPOSE OF HEARING P&Z Acting Chairperson Daniel Tunstall read the purpose of the hearing into the record. Mayor Tom Reid opened the public hearing for Amendments to the Unified Development Code (UDC) @ 8:02 p.m. CONSIDERATION AND POSSIBLE ACTION — AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE ' A request of the City of Pearland for approval of a Unified Development Code (UDC) amendment to permit the Restaurant (With No Drive -In or Drive Thru service) Use in the Business Park — 288 (BP -288) zoning district. Legal Description: N/A General Location: N/A APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Ian Clowes discussed the simple change to the UDC amendment to permit the restaurant (With No Drive -In or Drive Thru service) Use in the Business Park -288 (BP -288) zoning district. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There was no discussion Mayor Tom Reid adjourned the public hearing process for Amendments to the Unified Development Code (UDC) at 8:07 p.m. ' These minutes are respectfully submitted by: r 1 Alma Gonzales, Office Assistant Minutes approved as submitted on this 8th day of February, 2016 A.D. �_ Q'�_.,J Mayor Tom Reid Page 6 of 6 —11/16/2015 1