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2017-07-17 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 MONDAY JULY 17, 2017 AT 6:30 P.M., IN THE SECOND FLOOR TRAINING ROOM - PUBLIC SAFETY BUILDING - 2555 CULLEN PARKWAY CALL TO ORDER Mayor Tom Reid opened a series of public hearings at 6:33 p.m. The following were present: Mayor Tom Reid Council Member Tony Carbone Council Member Gary Moore Council Member David Little Council Member Trent Perez Council Member Derrick Reed Council Member Woody Owens Council Member Keith Ordeneaux P&Z Chairperson Daniel Tunstall P&Z Vice -Chairperson Thomas Duncan P&Z Commissioner David Selsky P&Z Commissioner Mary Starr P&Z Commissioner Troy Pradia P&Z Commissioner Derrell Isenberg Also present were City Attorney Darrin Coker, City Planner Jimontanae McBride, Senior ' Planner Martin Griggs, Associate Planner Vince Hustead, Planner Armon Irones, Planning Technician Samin Bazargan, Director of Engineering Robert Upton, Associate Engineer Matt Brown and Office Supervisor Judy Brown. Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17- 00004 @ 6:36 p.m. Senior Planner Martin Griggs explained the format of the hearing. P&Z Chairperson Daniel Tunstall read into record the request for Zone Change Application No. Zone 17-00004. PURPOSE OF HEARING Zone Change Application No. ZONE 17-00004 A request of Method Architecture represented by Samuel Hero, applicant, on behalf of Presidio Equities, LLC, owner, represented by Bobby Orr, for approval of a change in zoning from a Light Industrial (M-1) to a Planned Development (PD) zoning district; on approximately 18.6542 acres of land. ' Legal Description: Being lots 2, 3, and 4 of 18.6542 out of a 22.8622 acre tract of land out of a portion of Lots, 28, 33, and 39 of W. ZychlinskPs Subdivision, recorded in Volume 29, Page 41, of the Brazoria County Deed Records, (B.C.D.R.), located in the H.T. & B.R.R. Co. Survey, Abstracts 232 and 542, Brazoria County, Texas. JPH MINUTES -JULY 17, 2017 General Location: Approximately 18 acres at the SWC of Rice Drier Road and N Main Street (SH35) with an address of 1916 North Main Street, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs gave a presentation with exhibits and informed that one phone inquiry was received. Staff recommends approval of the requested change in zoning on the approximately 18.6542 acre site for the following reasons: 1. The proposed change in zoning from Light Industrial (M-1) to a Planned Development (PD) implements the policies of the Comprehensive Plan. The Future Land Use Map land use classification for this site is Industrial and Public/Semi- Public. The proposed change includes a mixture of uses including industrial, commercial, or retail which are congruent with the surrounding land use patterns. At a later date the Future Land Use Map should be edited so that the public/Semi- Public category is contained to the Pearland ISD property. 2. The proposed uses permitted by the PD and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified. 3. The proposed change is in accord with existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to the area. The property owner is currently working on a development agreement for the plat of the property to provide improvements on the drainage infrastructure and in return receive improvements on Rice Drier Road. 4. There are no other factors which will substantially affect the public health, safety, morals, or general welfare. ' No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Paul Glenn with Third Coast Terminals, 1871 Mykawa Rd., Pearland, TX 77581, spoke in opposition of the zone change and gave a brief explanation of the concerns with the future land use and the type of business that may develop if proposal were approved. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone comments on the many uses that can be built in a PD zone and asked if the uses can be limited so it will not affect the permitting. Would like to see the applicant and Third Coast Terminals work with each other for a positive conclusion. Councilmembers Gary Moore, Keith Ordeneaux and Woody Owens comments were that it is a good project and development for that particular Corridor Overlay and would like for applicant to work with Third Coast Terminals. Councilmember Trent Perez explained that he has an existing business relationship with the consultant for this project and recused himself from this decision. P8Z Commissioner David Selsky inquired to Staff if there would be any future risks for ' neighboring businesses if the change was made, Senior Planner Martin Griggs agreed. Chairperson Daniel Tunstall questioned the uses in M1 zoning and thinks if anything is 1PH MINUTES -JULY 17, 2017 developed there, the potential applicant would have to take action on their property to protect Third Coast Terminals permitting. Mr. Tunstall likes the development for that area. ' Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17- 00004 @ 6:57 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 17-00002 @ 6:57 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit Application No. CUP 17-00002 PURPOSE OF HEARING Conditional Use Permit Application No. CUP 17-00002 A request of Capital Construction Management represented by Michael Seery, applicant, on behalf of Adam & Malik Developer, LLC., owner; for approval of a Conditional Use Permit (CUP) to allow for a Gasoline Station in the General Business (GB) zoning district; on approximately 2.0558 acres of land. Legal Description: Being 2.0558 acres of land situated in the A.C.H.&B. Survey, Abstract Number 147 and the T.D. Yocum Survey, Abstract Number 399, Brazoria County, Texas, being a portion of that certain called 27.12 acres of land described in deed and recorded ' in the Official Public Records of Real Property of Brazoria County, Texas under County Clerk's File Number 93-007446. General Location: 3201 Peadand Parkway, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs gave a presentation with exhibits and informed one comment form was received in opposition of the request. Staff recommends approval of the requested CUP for a Liquor/Package Store on the approximately 6.944 acre site for the following reasons: 1. The parcel is surrounded by other commercially zoned properties. 2. The proposed use is a retail use of similar size and intensity to the surround retail and commercial uses and therefore compatible. 3. The location is not at an entrance to residential neighborhoods. 4. The location in an established shopping center mitigates the potential for negative aesthetics or activity that might accompany this type of retail use. 5. The applicant has not proposed any modifications to the suite such as bars over the windows or additional light which would negatively affect the surrounding businesses. ' If the CUP is considered for approval, staff recommends the following conditions: 1. Bars over or behind the windows would be prohibited. 2. Neon and LED strip lighting around the doors or windows would be prohibited. JPH MINUTES -JULY 17, 2017 Applicant Michael Seery, 10402 Town & Country, Houston TX 77024, gave a brief presentation and explained the intentions for the proposed application. No Staff wrap up. I PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Resident Deborah Brown, 2924 Green Tee Dr., Pearland TX 77581, spoke briefly to inform Council, Commission and Staff that she is opposed to the request. Her concerns were the hours of operation and lighting issues the proposed gas station would bring to her adjacent property. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Woody Owens made a statement that the property had previously been looked at and there were concerns of the location and having all the trees completely removed for the project. Councilmember Trent Perez was fine with the use and the CUP but had an issue with the driveway, tree litigation and the detention, would like applicant to work with Staff. Councilmember David Little stated that he is fine with the use but would like applicant to address the lighting concerns with Staff. Councilmember Gary Moore commented on the UDC lighting issues and with the present zoning being GB, multiple uses could create the same issue in the future. Mayor Tom Reid made a comment in regards to not have the City become a liquor store/gas station junction. P&Z Commissioner David Selsky made comments regarding the CUP process allows for , managing density and allows Staff mitigate locations, P&Z Vice -Chairperson Thomas Duncan agreed with Mr. Selsky. Chairperson Daniel Tunstall discussed the tree survey and added that trees would be cut down for the project and felt that the proposed gas station would not have anything special from any of the other gas stations near the property. He did not feel it would be it would be the best use for this property. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No. CUP 17-00002 @ 7:21 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 17-00003 @ 7:21 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit Application No. CUP 17-00003 PURPOSE OF HEARING Conditional Use Permit Application No. CUP 17-00003 A request of Hiren Desai, applicant, on behalf of Donya, LLC, owner, represented by I M. Jay Javadi, managing member; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Commercial (GC) zoning district; on approximately 6.4224 acres of land. JPH MINUTES -JULY 17, 2017 Legal Description: Being a 6.4224 acre tract of land out of a 313 acre tract in the W.D.0 Hall Survey, Abstract 70, Brazoria County, Texas. ' General Location: 2530 E. Broadway Street, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs gave a presentation with exhibits and no comment form or phone calls were received in favor or opposition of the request. Staff recommends approval of the requested CUP for a Liquor/Package Store on the approximately 6.4224 acre site for the following reasons: 1. The proposed use of a liquor/package store at the specked location is consistent with the policies embodied in the "Retail, Offices, and services" category of the Comprehensive Plan. 2. The proposed use of a liquor/package store is consistent with the general purpose and intent of the GC zoning district regulations. The parcel is accompanied by other commercially zoned properties similar size and intensity along Broadway Street and is buffered from Single -Family Residential development by retail to the north and a library to the south. 3. The proposed use of a liquor/package store is compatible with and preserves the character and integrity of adjacent commercial developments and neighborhoods. The location is near an entrance to a residential neighborhood which is buffered by civic uses. The use is one of many in a shopping center where advertising will be limited due to the ' size of the suite. 4. The proposed use of a liquor/package store does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. 5. The proposed use of a liquor/package store is not anticipated to generate traffic volumes in excess which would require additional measures to incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets. The existing roadway infrastructure supporting the site is adequate. 6. The proposed use of a liquor/package store does not incorporate features such as bars over the windows or additional lighting which could create visual impacts. The location in an established shopping center and mitigates the potential for negative aesthetics or activity that might accompany this type of retail use. No features are necessary to minimize adverse impacts to adjacent properties. 7. The proposed use of a liquor/package store meets the standards for the GC zoning district and is compatible with adjoining development and neighborhood. Applicant Hiren Desai, 2906 Autumn Creek Dr., Friendswood, TX 77546 gave a brief explanation for the purpose of the request was available for comments and questions. P" No Staff Wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST 1PH MINUTES -JULY 17, 2017 None COUNCIUPLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone commented on his surprise that there were no public ' comments received for opposition on this request due to the location of the proposed site to sell liquor and alcohol. Mr. Carbone does not feel this is a right place for the proposal. Councilmember Gary Moore Did not have a problem with the proposed request but made a comment that future requests need to be scrutinized and looked at very carefully. Councilmember Derrick Reed comments were the location of future pre-packaged liquor stores. Mr. Reed is not against liquor stores but is against the abundance of the stores. His vote maybe a no. Councilmember Keith Ordeneaux commented on his no vote for pre-packaged liquor stores, but doesn't feel its government's job to dictate what the market does or does not do. Mr. Ordeneaux wants to see the business do it's thing. Councilmember David Little agreed with Councilmembers Carbone, Red and Moore in regards to the amount of liquor stores allowable in the City. Does not want to see the City become a City of gas stations and liquor stores and points out that the store would be right across from a longtime standing church and has an issue with granting the proposal. Councilmember Trent Perez commented on believing in free market and feels the area is sensitive with a church and school close by. Mr. Perez would like to reach out to people who would be effected to gather their thoughts before his decision. Councilmember Woody Owens quick answer would be no due to too many liquor stores already approved. Mr. Owens mentioned that the retail strip has been at that location for a while and had previous issues. P&Z Commissioner Derrell Isenberg concerns were with having too many liquor stores , and the appearance of the proposed stores. P&Z Commissioner David Selsky was incline to go against the request because he still feels that the question has not been answered of what's too much, what's the right amount and where should these liquor stores be located. P&Z Commissioner Troy Pradia was going for a no vote due to not having community input. P&Z Vice -Chairperson Thomas Duncan echoed Councilmember Ordeneaux comments in regards to this type of business fails it would not environmentally impact the community as for example a gas station would. P&Z Chairperson Daniel Tunstall comments were if a liquor store came in and failed and another liquor store opened at the same location the City doesn't get a better business. Mr. Tunstall opinion was for a no vote due to a standard on liquor stores has not been defined. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No. CUP 17-00003 @ 7:42 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 17-00011 @ 7:43 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit Application No. CUP 17-00011 PURPOSE OF HEARING ' Conditional Use Permit Application No. CUP 17-00011 1PH MINUTES -JULY 17, 2017 A request of William Lacombe, applicantlowner, for approval of a Conditional Use Permit (CUP) to allow for a Dwelling — Four Family (Quadriplex) in the Old Townsite ' Mixed Use (OT -MU) zoning district; on approximately 0.1922 acres of land. Legal Description: Lots Twenty -Two (22), Twenty -Three (23) and Twenty -Four (24), in Block Thirty (30), Pearland Townsite, according to the map or plat thereof recorded in Volume 29, Page 41 of the Deed Records of Brazoria County, Texas, less and except all that certain 1,000 square feet out of Lots 23 and 24, Block 30, Pearland Townsite according to the plat thereof files in Volume 29, Page 41 Brazoria County Plat Records, Pearland, Brazoria County, Texas and being out of that certain tract as described in a deed dated 02-16-2006 from Guadalupe Garcia, et ux to Maria M. Perez as filed in the Official Records of Brazoria County a Clerk's File Number 2006010023. General Location: 2543 and 2545 S. Texas Avenue, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs gave a presentation with exhibits and no comment form or phone calls were received in favor or opposition of the request. Staff recommends approval of the requested CUP for a Dwelling — Four Family (Quadriplex) on the approximately .1922 acre site for the following reasons: 1. The proposed use of a Quadriplex at the specified location is consistent with the policies embodied in Village District category of the Comprehensive Plan. ' 2. The proposed use is consistent with the general purpose and intent of the OT -MU zoning district purpose and regulations. 3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods. The site has a 6' wood privacy fence between the residences, lift station, and the proposed development and a metal fences in the front yard between each unit and along the front of Walnut Street. Landscaping is provided along the front and on the east side yard between the last unit and the lift station. 4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. Two parking spots are provided in each garage and there are two additional spaces provided on the lot. If the garages are utilized for storage then a parking issue may occur as the streets are not designed for on street parking. 5. The proposed use does not generate enough traffic to require incorporation of roadway adjustments, traffic control devices or mechanisms. 6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties. 7. The proposed use meets the standards for the OT -MU zoning district. No variations are proposed or necessary to render the use compatible on the site and with adjoining neighborhood. Applicant William Lacombe, 10001 Chestnut Creek Way, Pearland TX 77584, gave a brief ' description for proposal and was available for comments and questions. No Staff wrap up. JPH MINUTES -JULY 17, 2017 PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None , COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Keith Ordeneaux commented on the future plans for the area and thought there may be an issue with the lift station next to the said property but was thankful for development in Pearland Old Town site. Councilmember David Little was in support of the proposal and commented that this development would be a nice addition. Councilmember Trent Perez was in support of the proposal and felt this would be a good spot for multi- family. Councilmember Woody Owens had no problem with the proposal. Mayor Tom Reid comments were that he would like to see masonry added to the development to be more attractive. No comments from the P&Z Commission Mayor Tom Reid adjourned the public hearing for the Conditional Use Permit Application No. CUP 17-00011 @ 7:58 p.m. These minutes are respectfully submitted by: Alma Gonzales, Office Assistant ' ;.8 Minutes approved as submitted on this"t day of August, 2017 A.D. Mayor Tom Reid 1PH MINUTES -JULY 17, 2017