2016-11-21 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 21, 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:
Mayor Tom Reid
Council Member Tony Carbone P&Z Vice -Chairperson Thomas Duncan
Council Member Greg Hill P&Z Commissioner Ginger McFadden
Council Member Trent Perez 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 City Attorney Darrin Coker, Director of Community Development Lata
Krishnarao, Senior Planner Martin Griggs, Assistant Director of Engineering Richard
Mancilla, Associate Engineer Matt Brown and Office Supervisor Judy Brown.
' PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
16-00009 @ 6:34 p.m.
P&Z Vice - Chairperson Thomas Duncan read into record the request for Conditional Use
Permit Application No. CUP 16-00009.
Conditional Use Permit Application No. CUP 16-00009
A request of Arne Pepin, applicantlowner; for approval of a Conditional Use Permit to allow
for a tool and machinery rental with outdoor storage in the General Commercial (GC) zoning
district; on approximately 4.694 acres of land.
Legal Description: Being 4.694 acres (204,491 square feet) of land situated in the
northeast one-quarter of Section 17, H. T. & B. RR Co. Survey, Abstract No. 242, Brazoria
County, Texas, and being a part of the land described in Vol. 103, Page 156 and also part
of the land described in Vol. 233, Page 452 of the Deed Records of Brazoria County, Texas.
General Location: 2932 Manvel Road, Pearland, TX.
APPLICATION INFORMATION AND CASE SUMMARY
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Senior Planner Martin Griggs presented the exhibits and reported that Staff does not
recommend approval for the following reasons: ,
1. The proposed use is not in conformance with the Future Land Use Plan (FLUP).
The FLUP designates this property as Retail, Offices, and Services which is
described as suitable for a variety of office and retail development. The proposed
use, however, is more of a heavy commercial or light industrial use.
2. The existing uses in the surrounding area include several housing developments.
There are no like or similar uses in the area and therefore this site is not suitable
for that intensity of use.
3. The proposed conditional use permit would not have a positive impact on
promoting future development along Manvel Road. The surrounding area is
mostly developed with single family residential homes and institutional uses. The
zoning in the area is intended to promote retail, offices, and services along the
Manvel Road. The proposed use would not support the neighboring residential
needs and would not be compatible to the uses along Manvel Road, or be
appropriate on Manvel Road which also serves as an entry to the City.
If the CUP is approved, staff recommends the following items be addressed in the site
plan:
1. Existing track lighting to be removed.
2. Existing barbed wire fence to be replaced with a fence that meets the UDC.
3. All other conditions of the UDC be met. '
The Representative for Property Owner, Bo Faber, 2734 Sunrise Blvd. #208, Pearland TX,
informed Staff that the proposed buyer intends on bringing the property above UDC
requirements. Ernest Jimenez with Central Pony Express, 2703 Village Mills Dr., Pearland
TX, was available for comments or questions.
No Staff wrap up.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
Representative for the Sellers, Deborah Hays with RCR Properties, 13226 Pembroke St.,
Houston TX 77048 — In favor of the proposed request
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Tony Carbone inquired on the use and zoning classifications and would
like to know if the site plan can be tied to the CUP specifying the limit of trailers. Director of
Community Development Lata Krishnarao informed that if use is not in Land Use Matrix,
Staff finds the closest use. Otherwise, Staff would have to recommend a UDC amendment.
Mr. Carbone asked applicant if more trailers would be added. Representative for Owner Bo
Faber replied more trailers would be added in the future. Mr. Carbone was in favor of the '
proposed request. Councilmember Derrick Reed inquired about the times the trailers would
be moved on the property. Ernest Jimenez with Central Pony Express answered the hours
would be from 6:00am to 6:00pm and the drivers would be taking the trucks home. Mr. Reed
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JPH MINUTES -NOVEMBER 21, 2016
is not in favor of the proposed request due to the proximity of a school. Councilmember
' Greg Hill inquired to the Applicant if they would be removing the lighting, replacing the
existing fence and adding landscape buffers. Mr. Faber replied that a fence and shrubs
would be replaced and would provide cover from trailers being seen. Mr. Hill was in favor
of the proposed request. Councilmember Trent Perez had concerns regarding the future
land use, future expansion of the business and the condition roads would become after
time. Mr. Jimenez explained that equipment would not be stored on the property and
explained the pick-up and delivery process. Mr. Perez stated that he would be in favor of
the proposed request with limited trailers, limit expansion and revise the CUP & site plan.
P&Z Commissioners Troy Pradia and Derrell Isenberg stated that other locations in the
same area with similar businesses did not present a heavy truck load problem and both
agreed with the land use. P&Z Vice -Chairperson Thomas Duncan inquired to applicant
about the turn arounds and asphalt paving. Mr. Fabers stated he was working with the City's
Planning department on the best pavement use. Discussion ensued with regards to blocking
traffic on FM 1128 when trucks would be turning in. Clarification was asked from the City
Council and P&Z Commission by Community Development Director Lata Krishnarao.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No.
CUP 16-00009 @ 7:05 p.m.
PURPOSE OF HEARING
' Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
16-00010 @ 7:05 p.m.
P&Z Vice - Chairperson Thomas Duncan read into record the request for Conditional Use
Permit Application No. CUP 16-00010.
Conditional Use Permit Application No. CUP 16-00010
A request of Jay Dorsey, applicant, on behalf of Trajan Properties, LLC., owner; for approval
of a Conditional Use Permit to allow for a metal, machine, or wood shop and building
material sales in the Garden/O'Day-Mixed Use (G/O-MU) zoning district; on approximately
0.63 acres of land.
Legal Description: Being a tract of land containing 0.63 acres (27,500 square feet) and
being known as Lot 9, Block 3 of Hickory Creek Subdivision as recorded in Volume 11,
Page 1 of the Brazoria County Map Records.
General Location: 2106 O'Day Road, Pearland, TX.
APPLICATION INFORMATION AND CASE SUMMARY
' Senior Planner Martin Griggs presented the Staff report and exhibits and reported that one
public comment in favor of the request was received. Mr. Griggs stated that Staff does
recommend approval of the requested CUP with the following conditions:
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1PH MINUTES -NOVEMBER 21, 2016
1. It is not anticipated that the proposed use will have any significant negative impacts on
surrounding developed properties, as a result of the requirements of the UDC as well as '
the conditions recommended by staff.
23he proposed use meets the criteria of approval fora Conditional Use Permit, will conform
to the UDC as well as the Future Land Use Designation of the Comprehensive Plan.
3. The proposed use and improvements to the site will result in an enhanced property that
otherwise would remain as is.
Recommended conditions
1. Add a note on the site plan that no outside storage in the 30' buffer along the western
property line, abutting residential.
2. All applicable requirements of the UDC shall be met. Prior to First Reading, a revised
site plan is required which illustrates all the conditions.
3. Exempt the requirement for facade.
Brian Holroyd with Triad Construction, 2206 O'Day Rd., Pearland, TX 77581, spoke briefly
of the proposed use.
No Staff Wrap Up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None present. ,
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Trent Perez asked the representative if there would be any changes made
to the site. Mr. Holroyd replied that the existing building would only be re -structured in the
inside and no changes would be made to the outside of the site. All City Council members
had no other comments and were in favor of the proposed request. No comments from the
P&Z Commission.
Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit
Application No. CUP 16-00010 @ 7:15 p.m.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
16-00011 @ 7:15 p.m.
P&Z Vice - Chairperson Thomas Duncan read into record the request for Conditional Use
Permit Application No. CUP 16-00011.
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1PH MINUTES -NOVEMBER 21, 2016
Conditional Use Permit Application No. CUP 16-00011
' A request of Richard Stockton, applicant, on behalf of Greenspace Holdings, LLC., owner;
for approval of a Conditional Use Permit to allow for a mini-warehouse/self- storage in the
General Business (GB) zoning district; on approximately 2.101 acres of land.
Legal Description: All of that Lot "A" and Lot 'B", Block 1 in the Whispering Winds
Subdivision, Section 2, an addition in the Thomas J. Green Survey, Abstract No. 196 as
recorded in Volume 19, Pages 163-164 in the Plat Records of Brazoria County, Texas.
General Location: Approximately 323 feet northeast of the intersection of Westminster
Road and Broadway Street.
Senior Planner Martin Griggs presented the Staff report and exhibits and reported that Staff
does recommend approval of the requested CUP with the following conditions. However,
the current site plan is too dense and does not provide appropriate buffer for surrounding
areas. Staff is not in support of the current site plan and recommends that the site plan be
revised prior to the first reading of the ordinance:
1. The proposed CUP is compatible with the established residential and nonresidential uses
of the area. Self -storage facilities are often able to successfully utilize remainder tracts that
are deemed less desirable by other retail, office or service uses, and act as a transitional
' buffer between the commercial and residential uses.
2.The applicant is not seeking any variances to the design requirements specified in the
UDC, and proposes a 25 -foot green space between the proposed building and the adjacent
multi—family residential use. Site features such as a masonry wall and landscaping will
further screen the proposed use from the apartments.
3. In 2006, the subject property was granted a CUP for self -storage, but that CUP is now
expired. Conditions in the area have not changed significantly since the previous CUP was
approved, and the proposed use is still deemed appropriate. If the use is acceptable then
staff recommends that a revised site plan addressing the following comments be submitted
prior to the first reading of the ordinance.
1. Provide a 15 -foot front wide landscaped strip along Westminster Street with enhanced
landscaping (additional shrubs and ornamental trees). Provide a combination of trees and
shrubs along the east and west property lines in a 6 -foot wide landscaping strip. Provide a
combination of trees and shrubs along the northern property line with a minimum15-foot
wide landscaped strip for a more effective buffer.
2. Resolve all conflicts between utility easements, drainage easements, and proposed
landscaping and show these easements on the site plan. David Ledoux, applicant
Representative, 1111 Woodhorn, Houston, TX 77062, and Stefan Knielins with Greenspace
Holdings LLC., 513 Mavinels Dr., Kemah, TX 77565, were in favor of the requested CUP
and site plan.
' No Staff Wrap Up.
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JPH MINUTES -NOVEMBER 21, 2016
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None present.
COUNCILIPLANNING COMMISSION/STAFF DISCUSSION
Councilmember Greg Hill asked the applicant Representative what would be the plans for
the drainage. Mr. Knielins replied that a detention system would be placed to drain roof and
drives into storm sewer. A discussion ensued with Councilmember Trent Perez and Mr.
Knielins regarding the underground bedding as a low impact development and how the
system would determine the rate of discharge. Mr. Perez did not feel comfortable with the
unreliable system. Mr. Perez asked if a second means of egress would be triggered by the
Fire Marshall due to the building being three stories in height. Mr. Knielins informed that
three means of egress were showing on the site plan. Mr. Perez would be in favor of the
request as long as all conditions requested were met. No comments from the P&Z
Commission.
Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit
Application No. CUP 16-00011 @ 7:29 p.m.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16- '
00016 @ 7:29 p.m.
P&Z Vice - Chairperson Thomas Duncan read into record the request for Zone Change
Application No. Zone 16-00016.
Zone Change Application No. Zone 16-00016
A request of the City of Pearland, for proposed amendments to all Planned Developments
and Planned Unit Developments within the City of Pearland to require approval of a
Conditional Use Permit for auto related uses, Gas Stations, Pawn Shops, Payday Loan
Centers, Gold Exchanges, Rehab Facilities, Halfway House, Boarding Homes,
Asphalt/Concrete Plants, Liquor/Package Stores, Cigars, Tobacco or E -Cigarettes Shops
and Vaping Lounges.
Community Development Director Lata Krishnarao read the Staff Report and stated that
zero comment forms were received. Staff recommends approval of this amendment to all
of the fifty Planned Developments for the following reasons:
1. This amendment brings the land use charts within PD documents in line with today's
currently amended UDC and apply the same regulations to those areas as the rest of the
city. '
2. This amendment expands the ability of the City to allow land uses which could negatively
affect surrounding areas which may include schools, residential developments, and/or
public institutions with appropriate measures to mitigate potential negative impact.
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1PH MINUTES -NOVEMBER 21, 2016
No Staff Wrap Up.
' PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None present.
COUNCILIPLANNING COMMISSIONISTAFF DISCUSSION
No comments from City Council Members or the P&Z Commission.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 16-
00016 @ 7:38 p.m.
These minutes are respectfully submitted by:
Alma Gbfizalo, Office Assistant
Minutes approved as submitted on this 20' day of March, A.D., 2017.
' Mayor Tom Reid
JPH MINUTES -NOVEMBER 21, 2016
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