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2016-05-16 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 MAY 16, 2016 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 Chairperson Daniel Tunstall Council Member Greg Hill P&Z Vice -Chairperson Thomas Duncan Council Member Keith Ordeneaux P&Z Commissioner Mary Starr Council Member Derrick Reed P&Z Commissioner Derrell Isenberg Council Member Gary Moore P&Z Commissioner Ginger McFadden P&Z Commissioner Troy Pradia Also present were City Attorney Darrin Coker, Director of Community Development Lata Krishnarao, City Planner Frankie Legaux, Senior Planner Martin Griggs, Associate Planner ' Vince Hustead, Assistant Director of Engineering Richard Mancilla and Office Assistant Alma Gonzales. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16- 00001 @ 6:30 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Zone Change Application No. Zone 16-00001 A request of Somarajan Nair, applicant; on behalf of Texas Global Investment, owner; for approval of a change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 acres of land. Legal Description: Being 2.0885 acres of land, Lot One (1), Section Twenty-four (24) in the H.T. & B.R.R. Survey, Abstract No. 549, Brazoria County, Texas, described in recorded deed Volume 923, Page 175, Brazoria County Instrument No. 2012055307, Brazoria County, Texas. ' General Location: 7006 Bailey Road, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Page 1 of 5 - 05/16/16 City Planner Frankie Legaux read the summary report and provided exhibits for the zone change and stated that Staff recommended approval of the requested zone change from SO to GB. The applicant Representative Mr. Somarajan Nair with Murphy Oil, 2804 Green . Mountain Dr., Pearland, TX 77584 was available for questions. There was no staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone asked if any fees were required from the applicant for the zone change, City Planner Frankie Legaux stated that no fees were required due to the annexation. There were no comments from the P&Z Commission Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 16- 00001 @ 6:45 p.m. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Conditional Use Application no. CUP 16- ' 00001 @ 6:45 p.m. P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Conditional Use Permit Application No. CUP 16-00001 A request of BSD Bright Site Development LLC, Nathan Richardson, applicant; on behalf of Tildon Sun Development LLC, owner; for approval of a Conditional Use Permit (CUP) to allow for a gas station, convenience store and self -serve car wash in the General Business (GB) zoning district; on approximately 2.653 acres of land. Legal Description: Being a tract or parcel containing 2.653 acres (115,560 square feet) of land situated in the H.T.& B.R.R. Co. Survey, Section 21, Abstract Number 309, City of Pearland. Brazoria County, Texas: being out of the remainder of Lot 1 of Allison -Richey Gulf Coast Co's Part of Suburban Gardens, a subdivision plat of record in Volume (Vol.) 2, Pages (Pg's) 23 and 24 of the Brazoria County Plat Records (B.C.P.R.); same being out of and a portion of the remainder a called 5.910 acre tract conveyed to Tildon Sun Development, LLC as described in deed recorded under Brazoria County Clerk's File (B.C.C.F.) Number (No.) 2006018134; City of Pearland, Brazoria County, Texas. General Location: Southeast corner of Broadway Street and Smith Road. ' APPLICATION INFORMATION AND CASE SUMMARY Page 2 of 5 - 05/16/16 City Planner Frankie Legaux read the summary report and provided exhibits for the conditional use permit and stated that Staff does not recommend approval of the requested ' conditional use permit due to the following: Compliance with the adopted 2015 Comprehensive Plan intersection recommendation's, the Future Land Use Plan, the current proposal would not be essential or critically needed in the area and the asphalt overlay of the two lane road was not constructed to accommodate commercial traffic. Ms. Legaux also added that the drawings provided did not meet the frontage trees, signage and car wash doors screening under the UDC requirements. Staff would recommend conditions if the City Council should consider approval of this CUP. Applicant Representative Nathan Richardson with Bright Site Development, 211 Baker Rd. # 332, Baker, TX 77413-0332 gave a verbal presentation and stated they would be willing and available to meet with Staff to discuss compliance with the UDC. Mr. Richardson was available for questions. There were no staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Greg Hill commented on the name of the gas station and agreed with Staff not to recommend approval. Mr. Hill does not feel its fit spot for a gas station. Councilmember Keith Ordeneaux asked Staff why a corridor overlay be required for the gas ' station, City Planner Frankie Legaux stated that the recommendation would be suggested if Council approved. Mr. Ordeneaux agreed with the requirement to expand Smith Road. Councilmember Tony Carbone commented on the CUP process for a gas station and noted that he voted against it. Mr. Carbone was uncertain with approving a gas station in the past near the subject property and not approving a gas station now, not necessarily against it. Councilmember Derrick Reed agreed with having CUP's and UDC's to help structure the city and agreed a project should develop on the subject property but not a gas station. Councilmember Gary Moore concerns are on the traffic impact but would rather have a gas station rather than a box store on the property. Mayor Tom Reid added that we need to get the right development at the right locations. P&Z Vice -Chairperson Thomas Duncan asked Mr. Nathan Richardson regarding the alignments of the driveways off the main street, the distance from the frontage road and would any changes to the median be made. Mr. Richardson informed that the driveways would be aligned, the distance would be about 325 feet and no changes to the median would be made. Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit Application No. CUP 16-00001 @ 7:03 p.m. PURPOSE OF HEARING ' Mayor Tom Reid opened the public hearing for Conditional Use Application no. CUP 16- 00002 @ 7:03 p.m. Page 3 of 5 — 05/16/16 P&Z Chairperson Daniel Tunstall read the purpose of the hearing into the record. Conditional Use Permit Application No. CUP 1"0002 A request of Pan American Engineers, LLC, Ron Bordelon, applicant; on behalf of ' Murphy Oil USA, Inc. owner; for approval of a Conditional Use Permit (CUP) to allow for a gas station and convenience store in the General Business (GB) zoning district; on approximately .875 acres of land. Legal Description: Being a .875.±. acre tract being all of Lot "D" of Dixie Plaza out of amending Plat 518 recorded in C. F. No. 2008026747, Map Records of Brazoda County, Texas, located in the City of Pearland, Brazoria County, Texas. General Location: 3200 Dixie Farm Road, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY City Planner Frankie Legaux read the summary report and provided exhibits for the conditional use permit and stated that Staff recommends approval of the requested conditional use permit. The applicant Representative Ron Bordelon with Pan American Engineers, 1717 Jackson Street, Alexandria, LA 71301 gave a verbal presentation of the rebuilding of the gas station and explained the landscaping plans. Mr. Bordelon stated that they would be willing and available to comply with UDC and fagade requirements. Mr. Bordelon was available for questions. No staff wrap up. ' PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Mr. Larry Marcott, 3606 Inverness Ct., Pearland, TX. 77581 opposed to the CUP due to concerns on the traffic impact on Dixie Farm Road with presently having two existing gas stations and two food establishment at this time. Mr. Marcott added that traffic lights did not exist at the entrances and exits at the subject property therefore creating traffic problems as well. Ms. Layni Cade, 1901 Meadow Creek, Pearland, TX 77581 was opposed to the CUP due to concerns of traffic impact and doesn't agree to have any more gas stations in that area. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Gary Moore asked the applicant Representative if the increase of pumps from six to eight would be builtfurther south or north on the property. Mr. Bordelon answered the pumps would be eight stacked, two rows of four pumps. Councilmember Tony Carbone Inquired if a traffic impact analysis would be required for the project, Assistant Director of Engineering Richard Mancilla stated he did not feel it would be justifiable. Councilmember Greg Hill concerns were more so with the impact of the traffic than the rebuilding of the , existing gas station. Mayor Tom Reid asked if the color palette would be what was presented, City Planner Frankie Legaux stated that Staff would be willing to discuss and work with the applicant on color palette options. Page 4 of 5 - 05/16/16 iJ P&Z Chairperson Daniel Tunstall made a comment that outside sales equipment would require to be contained outside under canopy. Mayor Tom Reid adjourned the public hearing for Conditional Use Application no. CUP 16- 00002 @ 7:20 p.m. These minutes are respectfully submitted by: � OxyYl�� Alma G zal s Office Assistant Minutes approved as submitted on this 20t^ day of March, 2017 A.D�� Mayor Tom Reid Page 5 of 5 — 05/16/16 THIS PAGE LEFT BLANK INTENTIONALLY J J