Loading...
2017-01-30 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 JANUARY 30, 2017 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 7:01 p.m The following were present: Mayor Tom Reid Council Member Tony Carbone P&Z Chairperson Daniel Tunstall Council Member Gary Moore 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 Keith Ordeneaux P&Z Commissioner Derrell Isenberg Also present were City Attorney Darrin Coker, Director of Community Development Lata ' Kdshnarac, Senior Planner Martin Griggs, Assistant Director of Engineering Richard Mancilla, Associate Engineer Matt Brown and Office Assistant Alma Gonzales. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 16-00012 @ 6:30 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit Application No. CUP 16-00012. Conditional Use Permit Application No. CUP 16-00012 Legal Description: Being 0.7819 acre (34,058 square feet), out of the west onehalf of the northwest one-fourth of the H.T. & B.R.R. Company Survey, A-241, Brazoria County, Texas, and being the same land called 0.7819 of an acre described in deed dated July 26, 1988 to Richard L. Spradley recorded under Brazoria County Clerk's File No. (B. C. C. F.) 23330. General Location: 7126 Broadway Street, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY ' Senior Planner Martin Griggs presented the exhibits and reported two telephone calls were received and that Staff does recommend approval for the CUP for the following reasons: JPH MINUTES -JANUARY 30, 2017 1. The proposed CUP is compatible with the established residential and non- residential uses of the area. The adjacent properties are all automotive in nature and the proposed use complements the other businesses. 2. The application is for an existing building that does not require any additional ' improvements. Any interior alterations are negligible and will not have impacts on the site or surrounding uses. The Applicant, Wendy De La Torre, 3001 Broken Bridge Ln., Pearland TX 77581, was present and available for comments or questions. No Staff Wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Cara Campbell, DVM, 2723 Manvel Rd. Bypass, Pearland, TX 77584. Ms. Campbell's concerns was the noise level a car stereo and accessories store would create. The noise level from existing businesses that are further away from her property already created a noise issue. Ms. Campbell was against the approval for this CUP. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone inquired on the noise nuisance this type of business would create. City Attorney Darrin Coker explained the noise ordinance and the 85 decimal state law. Mr. Carbone inquired if the parking ordinance applied to the ROW south of said property. Mr. Coker explained parking was allowed on the side of the street except not allowable if there were parking signs posted. Staff reminded Council and P&Z ' Commissioners that approval for the CUP will not require any conditions. Councilmember Derrick Reed asked to the Applicant if some type of shed or cover and padding would be installed for noise reduction and what would be the business hours for the store. The Applicant answered that a cover would be installed if it was required and the hours of operation would be from 10am to 6pm Monday through Saturday and closed on Sundays. Councilmember Gary Moore made a statement regarding parking and the use of roadway also asked if the applicant understood rules for outdoor storage and he had concerns with decibel levels. Mr. Cokergave him an explanation. Mayor Tom Reid explained his concerns were there would not be adequate parking at the said site, City Planner Martin Griggs explained to the Mayor the parking requirements for auto accessories. P&Z Chairperson Daniel Dunstall had an issue with the noise level for the residents and was opposed to the CUP. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No. CUP 16-00012 @ 6:48 p.m. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 16-00014 @ 6:48 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit ' Application No. CUP 16-00014. 2 JPH MINUTES JANUARY 30, 2017 CONDITIONAL USE PERMIT APPLICATION NO. CUP 16-00014 A request of Jose Urioste, applicant, on behalf of Rafael Ortega, owner; for approval of a ' Conditional Use Permit (CUP) to allow for a food store/supermarket in the Light Industrial (M-1) zoning district; on approximately 1.99294 acres of land. Legal Description: All of that certain 1.99294 acre tract or parcel of land in the A.C.H. & B. Survey, Section 1, Abstract No. 147 in Brazoria County, Texas, being a portion of the North one-half of tract 123 of the subdivision of the A.C.H. & B. Survey, Section 1 according to the plat of same recorded in Volume 2, Page 1 of the Plat Records of Brazoria County, Texas, said tract being that portion of the north one-half of Tract 123 lying West of State Highway No. 35 (a.k.a Main Street) General Location: 3200 block of Main Street, south of Swensen Road, on the west side of Main Street, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs presented the exhibits and reported one telephone call was received and that Staff does not recommend approval for the CUP for the following reasons: 1. The site is located in a non retail area along one of the primary corridors of the City where the west side of the road is industrially zoned and the east is zoned for commercial. Development of this site for industrial purposes would better complement the other industrial and commercial development in the area in the Light Industry (M-1) zoning classification. The City has limited industrial zoned land which should be utilized for industrial developments. 2. It is not anticipated that the proposed use of a food store/supermarket will have significant positive impacts on or benefit surrounding properties or developments, or add value to the area. This type of development should be located in a retail node where there is density to support a grocery store use. 3. The Future Land Use Plan (FLOP) designates this property as "Light Industrial' which is described as suitable for manufacturing, assembly, high-tech industries, etc. The Comprehensive Plan recommends for industrial uses on this sites because it is sufficiently separated from residential uses. The proposed food store/supermarket, is not in conformance with the Comprehensive Plan. 4. Drawings do not meet conformance with the minimum standards of the Corridor Overlay District (COD). The proposed site plan does not meet minimum requirements for providing a standard sidewalk, required interior landscaping, or screening details for the refuse enclosure. If the CUP is considered for approval, staff recommends the following conditions prior to the first reading of the ordinance: 1. Meet all minimum requirements of the COD and UDC. 2. Drawings provided with the CUP do not meet the UDC requirements. Revise the site plan to show conformance with sidewalk standards, required interior landscaping, or screening details for the refuse enclosure. 3. Obtain Tx DOT permits and provide a TIA at the time of platting or permitting. 3 JPH MINUTES -JANUARY 30, 2017 4. Install afire hydrant within 400 feet from all portions of the building. 5. Provide a 25 foot water sewer easement during platting along Main Street. All landscaping within that easement will need to comply with Public Works planting requirements. ' Ms. Rosa Acosta, the Representative for Applicant, 22502 Coriander Dr., Houston, TX 77450, and Mr. Jorge L. Trevino, Engineer, 9800 Northwest Frwy., Ste. 500, Houston, TX 77092, were available for questions and comments. No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None COUNCILJPLANNING COMMISSION/STAFF DISCUSSION Councilmember Trent Perez was ok with the CUP but was curious if the building facade would meet the criteria needed. Councilmember Greg Hill commented that the corridor overlay district would be a problem for them and did not feel that the project would be a good fit for the area. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No, CUP 16-00014 @ 7:01 p.m. PURPOSE OF HEARING , Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 16-00017 @ 7:01 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit Application No. CUP 16-00017. Conditional Use Permit Application No. CUP 16-00017 A request of Y Ali Khan of GK Hospitality Development, LLC, applicant, on behalf of Kevin Ngo, owner; for approval of a Conditional Use Permit (CUP) to allow for a hotel/motel in the General Business (GB) zoning district; on approximately 1.8060 acres of land. Legal Description: Being 1.8060 acre (78,667 square feet) tract of land and being a portion of Lot 80 of the Allison Richey Gulf Coast Home Company's Subdivision as recorded in Book 2, Page 23 Brazoria County map Records in the H.T. & B.R.R. Company Survey Abstract 506, Brazoria County, Texas. General Location: 8541 Broadway Street, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY ' Senior Planner Martin Griggs presented the exhibits and reported that Staff does not recommend approval for the following reasons: 4 1PH MINUTES -JANUARY 30, 2017 1. Overall the site is too narrow to fit the proposed use. For example, the plan shows the service exits of the hotel facing onto the service entrance/exit driveway of the ' post office to the east where a planting area of six -feet along the east property line is shown. In the rear parking areas along the east property line, the proposed landscape strip is reduced to approximately two -feet (2'). The plan also shows the hotel's entrance facing the rear of the commercial building to the west where a seven foot (7) landscape strip is shown. These proposed areas are not wide enough to provide adequate and effective screens and buffers. 2. It is not anticipated that the proposed use will have significant positive impacts on surrounding properties or developments, or add value to the area. There is already an existing supply of hotel rooms in the area with both La Quinta and Candlewood Suites within a third of a mile from this site. 3. The subject site, that is located in the middle of a block with limited access to other adjacent lots, is not an appropriate location for this use. If the CUP is considered for approval, staff recommends the following conditions: 1. Meet all minimum requirements of the UDC. 2. Drawings provided with the CUP do not meet the UDC requirements. The height of the building appears to exceed the 45' feet maximum. Provide a corrected elevation prior to the first reading of the ordinance. 3. Obtain TxDOT permits and submit an approved Traffic Impact Analysis (TIA) at the time of platting or permitting. 4. All landscaping within any utility easement will need to comply with Public Works ' planting requirements. Applicants present were Ali Khan, 19027 Woodglen Dr., Houston, TX 77084 and Richard Gilbert, 17150 Butte Creek Rd., Houston, TX 77090 .The project Architect, Mahesh Wadawa, 1120 Blalock, #230, Houston, TX 77055 and Representative Drew Palter, 12234 Shadow Creek Parkway, Pearland, TX 77584 gave a brief presentation and were available for questions and comments. No Staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone inquired if any development required to comply with the UDC codes and used staff recommendations #3 and # 4 as examples. Senior Planner Martin Griggs answered yes they are required to comply, Mr. Griggs added that when Staff makes their recommendations, requirements are included to make the applicant aware of those requirements before a permit may be issued. Councilmember Gary Moore questioned the detention/retention for the said property and if the next property would have enough buffering between the hotel and future use. Mr. Griggs explained that yes the buffering would be enough due to it being separate lots. Mayor Tom Reid commented 5 1PH MINUTES -JANUARY 30, 2017 that the building would be attractive. Councilmember Trent Perez concerns were that the property required a second means of egress, and was in favor as long as criteria was followed. Councilmember Derrick Reed commented that a decision should be made regarding an extended stay hotel being permitted by right and a hotel must require a CUP. ' P8Z Staff informed that it would be presented to the table in the near future. All Councilmembers including Mayor Reid commented that they were appreciative of the new and improved changes from the previous submittals. P8Z Chairperson Daniel Tunstall's comments were that he would like to make sure that the materials be tied in to the conditions to make sure what they show being built is what they build. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No. CUP 16-00017 @ 7:39 p.m. These minutes are respectfully submitted by: q(vt,?- Alma�alM, Office Assistant Minutes approved as submitted on this 27th day of March, 2017 A.D. �01:ilw " ' Mayor Tom Reid 6 1PH MINUTES -JANUARY 30, 2017