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2017-08-07 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 AUGUST 07, 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 6:38 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 Derrell Isenberg P&Z Commissioner Mary Starr Also present were City Attorney Darrin Coker, Deputy City Attorney Lawrence Provins, City C Planner Jimontanae McBride, Senior Planner Martin Griggs, Associate Planner Vince Hustead, Planner Armon Irones, Associate Engineer Matt Brown and Office Assistant Alma Gonzales Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 17-00013 @ 6:41 p.m. Senior Planner Martin Griggs explained the format of the hearing and notified Council and Commissioners that item CUP 17-00014 was removed from the hearing due to insufficient notification. P&Z Chairperson Daniel Tunstall read into record the request for the Conditional Use Permit Application No. CUP 17-00013. PURPOSE OF HEARING Conditionnel Use Permit Application No. CUP 17-00013 A request of Aaveg Desai, applicant, on behalf of HEB Grocery Company, LP represented by Debbie Knox, owner; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning district; on approximately C 22.3385 acres of land. Legal Description: Being a tract or parcel containing 22.3385 acres (973,065 square feet) of land situated in the Thomas J. Green Survey, Abstract Number 198, Brazoria JPH MINUTES -AUGUST 07, 2017 County, Texas, and being out of and a portion of the called 118.755 acre tract as described in the deed to Marion E. Settegast, at at, recorded in Volume 1421, Page 25, of the Brazoria County Deed Records, said 22.3385 also being all of Lot A of Pearland Commons, a subdivision of a portion of said called 118.755 acre tract (not recorded at the , time of this survey) General Location: 2708 Pearland Parkway, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs gave a presentation with exhibits and Staff recommends approval of the requested CUP for a Liquor/Package Store on the approximately 22.3385 acre site for the following reasons: 1. The proposed use of a liquor/package store at the specified location is consistent with the policies embodied in the "Retail, Offices, and services" category of the Comprehensive Plan. 2. The proposed use is within a 1 mile radius of 2 approved Liquor/Package Store and 1 Liquor/Package Store that is pending approval and within a 2 mile radius of 1 approved Liquor/Package Store. The site is located within a major commercial node which is ideal for a use of this type. 3. The proposed use of a liquor/package store is consistent with the general purpose and intent of the GB zoning district regulations. The parcel is accompanied by other commercially zoned properties of similar size and intensity along Pearland Parkway and is buffered from the Multi -Family Residential development by the shopping centers detention facility in the rear of the property. 4. The proposed use of a liquor/package store is located within an established ' shopping center and mitigates the potential for negative aesthetics or activity that might accompany this type of retail use. The use is also compatible with and preserves the character and integrity of the adjacent commercial developments. 5. The proposed use of a liquor/package store is not anticipated to generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic nor generate traffic volumes in excess which would require additional measures to incorporate 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. 6. The proposed use of a liquor/package store meets the standards for the GB zoning district. Applicant Aaveg R. Desai, 14911 Armitage Ln., Sugarland TX. 77498, was present and gave a brief presentation. No Staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Layni Cade, 1901 Meadow Creek Dr., Pearland TX 77581, was opposed to the proposal. ' Ms. Cade's concerns were with the traffic impact and she did not feel the area was a right fit. Her comments included that there were too many CUP's for liquor stores being proposed and felt City Council's job is to limit and protect the City from letting this happen. 1PH MINUTES -AUGUST 07, 2017 Sydnee Gray, 2222 Westminster, Peadand TX 7758, was opposed to the proposal and agreed with Ms. Cade that it was not a good fit for that family friendly area. 'COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Derrick Reed commented on the procedure portion by the applicant meaning that the applicant posted a "coming soon" sign before getting their CUP approved. Mr. Reed added that the assumption by the applicant should not have any bearings for the approval. Councilmember Woody Owens read DWI charges from the Peadand newspaper. Mr. Owens feels that the amount of CUP proposals for liquor stores is plenty and is against the proposal. Councilmember Keith Ordeneaux commented on people giving fault to a business for a person that breaks the law. His assumption was that most DWI's come from people who drink on site and not from a packaged liquor store that seals its containers and is against the law to drink on that site. Councilmember Trent Perez commented that the citizens voted that they wanted off premise liquor sales and added that having them in shopping centers limits the store to limited store hours. Mr. Perez is in favor of the proposal but explains to applicant that it clearly will not be a unanimous vote. Mayor Tom Reid commented if any of the parties interested in a liquor store CUP made any market studies to see how the market will survive if too many stores in one area. P&Z Commissioner Mary Starr comments if the public voted for liquor store sales and if it ' fits in the zoning area it's not the Commission decision to make it go or not. P&Z Commissioner Derrell Isenberg made comments on the responsibility that Council has as to how many liquor stores should be allowed. Mr. Isenberg added that there has not been a time that any conditions or specs have been presented to Council and Commission for the amount of liquor stores allowed, he was opposed to any future liquor store proposals until a guideline is presented. P&Z Vice—Chairperson Thomas Duncan felt it was an appropriate place for this particular proposal. P&Z Chairperson Daniel Tunstall made a comment that he had a higher expectation to what would be presented to the City for these type of stores, he has been disappointed with what's been brought in for the overall look of the stores. Mr. Tunstall had concerns with the density and number of stores in a small area and the acceptable level to the community and to the businesses. His vote is leaning towards no mainly due to the density in the area. Councilmember Trent Perez had a final comment regarding locations, restrictions, criteria and creditability. Mr. Perez would like to come with a compromise that all agree to. P&Z Chairperson Daniel Tunstall responds to Mr. Perez's comments and states that they will take that action for future agendas. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No. CUP 17-00013 @ 7:19 p.m. ' Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17- 00012 @ 7:19 p.m. P&Z Chairperson Daniel Tunstall read into record the request for Zone Change Application JPH MINUTES -AUGUST 07, 2017 No. Zone 17-00012 PURPOSE OF HEARING ' Zone Change Application No. ZONE 17-00012 A request of Fangfang Sun and Qianyi He, applicants/owners, for approval of a change in zoning from a Suburban Residential -15 (SR -15) to a General Commercial (GC) zoning district; on approximately 3.5818 acres of land. Legal Description: Being a tract of land containing 3.5818 acres (156,022 square feet), situated in the H.T. & B.R.R Co. Survey, Abstract 549, Brazoria County, Texas, being out of Lot 21 of Allison -Richie Gulf Coast Home Company's Suburban Gardens Subdivision of Section 24, in Brazoria County, Texas, being all of tract conveyed unto Charlotte Polasek by deed recorded under County Clerk's File No. 2016010131 of the Official Records of Brazoria County, Texas. General Location: 6630 Bailey Road, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs gave a presentation with exhibits and informed that one comment form was received opposing and two phone inquiries. Staff does not recommend approval of the requested change in zoning on the approximately 3.5818 acre site for the ' following reasons: 1. The proposed zoning map amendment from SR -15 to GC does not implement the policies of the adopted Comprehensive Plan nor the Low Density Residential land use classification of the property on the Future Land Use Map and any incorporated sector plan maps. In addition, retail or commercial uses are encouraged to be located at intersections near residential areas as opposed to in the middle of residential areas. 2. The commercial nature of uses permitted by the change in zoning district classification to GC and the standards applicable to such uses would juxtapose the existing residential uses and would not be appropriate in the immediate area of the land to be reclassified. 3. The proposed change to GC zoning is not in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to the area. 4. The proposed change in zoning to GC would not substantially affect the public health, safety, morals, or general welfare. Applicant FangFang Sun, 4015 Galloway Dr., Pearland, TX 77584 gave a lengthy presentation and was available for comments and questions. 1 No Staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST JPH MINUTES -AUGUST 07, 2017 Chad Thumann, 7918 Broadway #104, Pearland TX spoke in favor of the request to include the recommendations. ' COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Trent Perez asked Staff what types of at home businesses were allowed in a residential zone. Senior Planner Martin Griggs and City Attorney Darrin Coker explained the UDC requirements and the different types of businesses to Mr. Perez. Mr. Griggs clarified the conforming uses. Mr. Perez is voting against the proposal. Councilmember David Little asked if the existing business building would be replaced, Mr. Griggs answered no that the existing car shop, the residence and the new business be on the same lot. Mr. Little commented that the current business is an eye sore and if they would replace the existing building with a new one he would be more inclined to vote yes for the proposal. Councilmember Keith Ordeneaux had concerns with the frequency of deliveries at this proposed location. Mr. Ordeneaux would like to see improvements and commercial zoning in that area. Mr. Ordeneaux did not have a problem with on line sales. Councilmember Gary Moore had concerns with the proposal and the other existing businesses in the area. Mr. Moore commented that he was more in favor of this than not. Councilmember Tony Carbone commented that he would like to see the improvements to that property and asked Staff for clarification if the existing building is staying and a new structure will be built what improvements will be required for the existing structure. Senior Planner Martin Griggs explained the compliance with landscaping, fencing, buffers, and setbacks and explained that a proposal to the Zoning Board of Adjustments for the ' setbacks may have to happen. Mr. Carbone was leaning towards a yes vote but wants to make sure the applicant is not confused and aware that there may be lots of work to be done to the property if proposal passes. P&Z Commissioner Mary Starr made a comment on the present building brought up to standards with the UDC to make the building more attractive to the public and added that she can't see ten acres be spot zoning. P&Z Commissioner Derrell Isenberg asked Staff for clarification on the requirements if the existing building stays. Mr. Griggs explained the fagade requirements. P&Z Chairperson Daniel Tunstall asked if an addition of a building be an expansion of the current one and trigger the UDC. Mr. Griggs answered yes. Mr. Tunstall is undecided but would lean to a yes. Councilmember Trent Perez commented on the zoning and future land use, creating either a commercial use or mixed zone use in that area. City Planner Jai McBride explained the expansion requirements on the repair shop. Councilmember Tony Carbone commented that property owner should have been fully aware of the zoning requirements when property was purchased. Mayor Tom Reid gave applicant an explanation and apologizes for the miscommunication on the time requirements on the presentation. ' Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17- 00012 @ 7:57 p.m. Mayor Tom Reid opened the public hearing for Amendments to the Unified Development Code (UDC) No. T-26 Zone 17-00014 @ 7:57 p.m. JPH MINUTES -AUGUST 07, 2017 P&Z Chairperson Daniel Tunstall read into record the request for Amendments to the Unified Development Code (UDC) No. T-26 Zone 17-00014. PURPOSE OF HEARING Amendements to the Unified Development Code (UDC) A request of the City of Pearland, for proposed amendments to the Unified Development Code, Ordinance No. 2000T-26. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs gave a presentation and notified Council and Commissioners that there were three land use matrix changes, revisions to the CUP process and revisions to tree farm nursery exemptions. Staff recommends approval for the amendments. No Staff Wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION ' Councilmember Tony Carbone agreed 100% with Staff and the UDC changes. Councilmember Derrick Reed comments that he likes all the changes except for section 2.2.3.3, Mr. Reed feels there should be no reason to cut out the process of P&Z making a decision and then Council makes a decision after them. Mr. Reed asked legal if P&Z continue to make a decision, would it be possible to put this on the next meeting so that Council could make a final decision on a proposal. City Attorney Darrin Coker explained the idea and discussion proposal. A discussion regarding the decision process ensued. Councilmember Gary Moore had concerns with super majority on certain items, would like to see the process be much simpler for applicants. Councilmember Tony Carbone explained how the process was discussed in their committee meeting. Mayor Tom Reid commented on how fast the city has grown, change is needed from what was in the past to accommodate the growth. Councilmember Keith Ordeneaux had a request that each revision or change to the UDC be broken up. Mr. Ordeneaux supports the updates but has concerns on the CUP process change. Councilmember David Little commended the Committee and is in favor for speeding up the process and meetings. Councilmember Trent Perez was in favor for the new proposed CUP process but does not agree with a CUP requirement in M1 and M2 zones. Mr. Perez asked Staff for tree farm clarification. Councilmember Woody Owens did not have a problem with the changes. P&Z Chairperson Daniel Tunstall shared a letter from P&Z Commissioner David Selsky ' who was not in attendance at the meeting (See Attachment below). Mr. Selsky was opposed to the CUP process change. P&Z Commissioner Mary Starr commented on the need for a CUP for M1 and M2 zones. P&Z Vice -Chairperson Thomas Duncan was in 1PH MINUTES -AUGUST 07, 2017 favor of the CUP process to better streamline. P&Z Chairperson Daniel Tunstall commented on the effect of the CUP change process between Council and P&Z Commission. I P&Z Comrrflssio ner David Selsky letter.p Mayor Tom Reid adjourned the public hearing for Amendments to the Unified Development Code (UDC) No. T-26 Zone 17-00014 @ 8:34 p.m. These minutes are respectfully submitted by: O lL/a Alma Gonzales, ffice Assistant Minutes approved as submitted on this 181h day of September, 2017 A.D. ' Mayor Tom Reid JPH MINUTES-AUGUST07, 2017 0 C