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2009-01-19 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 19, 2009, AT 6:30 P.M., IN THE TEMPORARY COUNCIL CHAMBERS, COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The series of public hearings was called to order at 6:40 p.m. Mayor Tom Reid opened the hearing for the City Council, and P&Z Chairperson Henry Fuertes opened the hearing for the Planning and Zoning Commission, with the following present: Mayor Tom Reid P & Z Chairperson Henry Fuertes Mayor Pro-Tern Helen Beckman P & Z Vice-Chairperson Jerry Koza, Jr. Council Member Kevin Cole P & Z Commissioner Neil West Council Member Felicia Kyle P & Z Commissioner Darrell Diggs Council Member Woody Owens P & Z Commissioner Ron Capehart P & Z Commissioner Susan Sherrouse Also in attendance: City Manager Bill Eisen; City Attorney Darrin Coker; Assistant City Manager Mike Hodge (arrived at 6:48 p.m.); Planning Director Lata Krishnarao; and Planning Administrative Secretary Judy Krajca. Planning Director Lata Krishnarao explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission Meeting would follow the Joint Public Hearing. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2009-01 at 6:45 p.m. Conditional Use Permit No. CUP 2009-01 Request of William and Marjorie Baldy, applicants and owners, for approval of a Conditional Use Permit to permit a garage in Old Townsite Mixed Use (OT-MU) District, on the following described property: LEGAL DESCRIPTION: Lot 9, Block "F", of the Town of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41 of the deed record of Brazoria County, Texas. GENERAL LOCATION: Located at 2117 North Houston Avenue. P&Z Chairperson Henry Fuertes read the purpose of the hearing. Planning Director Lata Krishnarao presented the staff report, stating that staff received one public comment form with concern of the use. Staff recommended that parking be limited to one car and one truck inside the existing building, that no outdoor parking, activity, or storage be allowed, and that no auto repair, shop or uses be allowed, that are not already allowed in the OT-MU district. Page 1 of 8 JPH Minutes 01/19/09 Owner and applicant William Baldy of 3714 Wingtail, Pearland, Texas stated he wishes to use the garage for storing his vehicles and has no intention of running a garage/auto repair. There was no one present to speak for or against the Conditional Use Permit. Council Member Kevin Cole commented on staff's third recommendation that if a use is permitted, they can still occupy the space, and followed up by asking if this third comment was even necessary. Mr. Cole recommended it be removed, and City Attorney Darrin Coker concurred. P&Z Commissioner Darrell Diggs asked what prior use of this garage existed in the past. Mr. Baldy gave a brief history of the garage. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2009- 01 at 6:58 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2009-02 at 6:58 p.m. Conditional Use Permit No. CUP 2009-02 Request of Kimley Horn, applicant, and CVS Pharmacy Inc., owner, for approval of a Conditional Use Permit to permit Autowash Self Service, in General Business(GB)District, on the following described property: LEGAL DESCRIPTION: Lot 1 consisting of 1.0808 acres as shown in Replat CVS Sherwood, a subdivision of 4.8672 acres of land, being a partial replat of CVS Sherwood, Vol. 24, Pg. 170, B.C.P.R out of the Thomas J. Green Survey, A-198, City of Pearland, Brazoria County, Texas. GENERAL LOCATION: Located at the southeast corner of Broadway Street (FM 518) and YMCA Drive. P&Z Chairperson Henry Fuertes read the purpose of the hearing. Planning Director Lata Krishnarao presented the staff report, stating that staff recommends approval with the following conditions: 1. Re-orientation (rotating the site plan by 90 degrees in a clockwise direction) of the building such that the current west façade faces Broadway with vacuum stations, lift gates and other accessory structures behind the building. 2. Additional landscaping (in additional to that required by the UDC) along Broadway (with possibly berms) to screen the vacuum stations, vacuum �. enclosures, auto sentry, lift gates, parking and other accessory structures Page 2 of 8 JPH Minutes 01/19/09 from Broadway. Applicant Jason Rausch of 4911 Fox Hollow, Spring, Texas spoke about being unable to rotate the building. Crystal Pye of Kimly Horn, 12012 Wickchester Ln., Suite 500, Houston, Texas was also present but did not speak. Council Member Felicia Kyle referred to the Trammel Crowe development that sought a zone change, directly across the street from this location, and added how council had asked them to meet the conditions of the city, to result in a higher quality development. Council Member Kevin Cole asked if this was the best orientation of the building, and Mr. Rausch replied yes. Mr. Cole inquired about flipping the layout. Mr. Rausch added they have built 60, and designed about 30 carwashes. Council Member Felicia Kyle inquired about the carwash illustrated in the photo, and what surrounded it. Crystal Pye responded that the carwash was in Katy, Texas and that Multi- family was across from the site, with retail on the sides. P&Z Chairperson Henry Fuertes inquired about the order of the setup, such as the building, vacuums, and the importance of orienting the building. Mr. Rausch replied that they have looked at it, and it is difficult to rearrange. Council Member Woody Owens stated he was not fond of the idea, and that he feels it is not the highest and best use of the land. Mr. Owens also commented that YMCA drive is not very wide, and that Friday and Saturday are their busiest times, as would be a car wash. Mr. Owens also expressed concern of a traffic study, and would like to see a Traffic Impact Analysis. City Engineer Narciso Lira commented that since the TIA was done at the time of platting, Engineering would go back and look at the study during the permit process. Council Member Helen Beckman asked the applicant if they did a market study, as there is another similar car wash one block away. Mr. Rausch replied they had done a survey. Council Member Kevin Cole inquired why the re-orientation of the building would cause the applicant to cut off 10 feet of the building. Mr. Rausch responded with the effect it would have on the turning radius and curb cuts on Cruise Lane. Mr. Rausch asked if there was anything that could be done to meet the city's request for orientation. Mayor Tom Reid commented that the Firestone next door was a similar situation, and asked if there was any kind of screening in order to allow the orientation as proposed. There was discussion about berms, additional landscaping, and even the façade of the building. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2009- 02 at 7:22 p.m. elan Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2009-03 Page 3 of 8 IPH Minutes 01/19/09 at 7:22 p.m. Conditional Use Permit No. CUP 2009-03 -•. Request of Verizon Wireless, applicant, and Dennis & Vicki Walters, owners, for approval of a Conditional Use Permit to permit Cellular Communications Tower, in Suburban Residential — 12 (SR-12) District, on the following described property: LEGAL DESCRIPTION: 6.1198 acre tract of land as conveyed to Dennis J. Walters and wife Vicki Z. Walters by Warranty Deed with Vendor's Lien dated May 20, 1986 and filed for record under Volume 86-280, Page 474 of the Brazoria County Deed Records, and also being a portion of Lot 7 of the Allison Richey Gulf Coast Home Company Subdivision as shown on plat filed for record under Volume 2, Page 23 of the Brazoria County Plat records.. GENERAL LOCATION: Located at 1709 Stone Road. P&Z Chairperson Henry Fuertes read the purpose of the hearing. Planning Director Lata Krishnarao presented the staff report, stating that staff recommends approval with the following conditions: 1) The facility is fully enclosed in a masonry building or masonry walls, tall enough to obscure the equipment, transformer, and bridge,with landscaping around, to be compatible with the character of the general area. Barbed wire is not permitted by UDC. 2) A paved road is provided to access the facility. 3) Stealth techniques, such as a flag pole or monopole with enclosed antennae, are considered, to ensure that the facility is compatible to the area. 4) The total height (including antennae, equipment, and rods)of the monopole tower be lowered to 100 feet. 5) A detailed site plan showing the type and amount of landscaping, type and height of fencing, setbacks of the proposed tower and leased area from the property boundaries, and paving of the access road be provided. Mr. Jose Perez of General Dynamics, speaking on behalf of the applicant, 4010 Tulip Glen Court, Katy, Texas gave a brief presentation stating that stealth techniques can be considered, but it does minimize the transmission. Mr. Larry Marcott of 3606 Inverness Court, Pearland, Texas spoke up about his concern for the neighbors in the back. Mr. Steve Alsup of 7713 Longleaf Drive spoke stating he lives behind the subject property, and is concerned with the look, adding that he is not in favor. Page 4 of 8 JPH Minutes 01/19.09 Mr. Antonio Rojas of 7810 Longleaf, Pearland, Texas spoke in opposition of the tower, and ask if there was any harm or effects from cell towers, and expressed concern with devaluing the property. Mr. Rojas inquired if they could have the opportunity to dialogue at the next meeting, and with the neighbor. Council Member Kevin Cole stated that the next meeting would be on January 26, 2009, and that they could come and sign up to speak. Mr. Cole commented that the market value is self driven, and that the Council/Commission/Staff are not qualified to determine a value. Council Member Kevin Cole commented that the City has asked to sit with all the cell companies, asking to hear more on height of towers and how many can be on a tower in order to co-locate them. Mr. Cole expressed concern of allowing a non-conforming use to go on a site that is non-conforming, and stated he was not in favor of this CUP. Council Member Felicia Kyle asked if Verizon was currently leasing on other cell towers. Mr. Perez replied no, that this would be the first location. Ms. Kyle asked if they were co- located on any towers, and again Mr. Perez replied no. Ms. Kyle asked if Verizon could co- locate on another tower. Mr. Peres replied that yes they could, but T-Mobile does not cover the same area that Verizon needs. Council Member Felicia Kyle stated that her number one concern was the same of Mr. Marcotts', being the property value and future development concerns. Ms. Kyle stated this was one tall tower, and recommended they find a way to co-locate onto another tower, or existing building. Gloria Demwick, General Dynamics spoke briefly of the studies that have been performed, and the problems with co-location. Council Member Woody Owens expressed his concern with the height, fence, and stated that the applicant needed to listen to staffs comments. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2009- 03 at 8:05 p.m. Mayor Tom Reid opened the public hearing for Zone Change No. 2009-01Z at 8:05 p.m. Zone Change No. 2009-01Z Request of Stephen Engbrock, applicant for Third Coast Packaging, owner, for approval of a change in zoning district from classification Heavy Industrial (M-2) to Planned Development (PD), on the following described property: LEGAL DESCRIPTION: 6.5953 acres located in the H.T& B.R.R. Co. Survey., Abstract 232, in the city of Pearland, Brazoria County, Texas as shown on the Amending Plat of Mykawa Investments Clerk's File No. 97-016096 B.C.C.O; remainder of a 12.00 acres Third Coast Packaging Inc. Clerk's File No. 97-016096 B.C.C.O.; and 2.9125 acres Third Coast Packaging, Inc. Clerk's File No. 00 022591 B.C.C.O. Page 5 of 8 JPH Minutes 01/19/09 GENERAL LOCATION: Located on 1871 Mykawa Road P&Z Chairperson Henry Fuertes read the purpose of the hearing. Planning Director Lata Krishnarao presented the staff report stating that staff recommended approval, and asked that the number of parking spaces meet the UDC requirements and amount not be mentioned on page 4 of their PD. In addition, staff discovered that the property has not been platted and would be required. Staff received no public comment forms on this zone change. Grif Carnes, General Manager of Third Coast Packaging, Inc., 1871 Mykawa Rd., Pearland, Texas spoke. There were no comments between Council/Commission/Staff. Legal recommended grievance for parking. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2009-01Z at 8:16 p.m. Mayor Tom Reid opened the public hearing for Zone Change No. 2009-02Z at 8:16 p.m. Zone Change No. 2009-02Z Request of Jung Kwak, applicant for Montalbano Lumber Co. Inc., owner, for approval of a change in zoning district from classification Light Industrial (M-1)to Planned Development (PD), on the following described property: LEGAL DESCRIPTION: 26.34 acres of land, being parts of and the North half of Lot 44 and all of Lot 49 of Zychlinski's Subdivision in the HT&B RR Co. Survey, Section 3, Abstract 232, and R.B Lyle Survey, Abstract 542, in the Brazoria County, Texas. GENERAL LOCATION: Located on the West Side of SH 35 (North Main Street), and on the South Side of McHard Road P&Z Chairperson Henry Fuertes read the purpose of the hearing. Planning Director Lata Krishnarao presented the staff report adding that this PD was discussed at a joint workshop on November 17, 2008. Staff recommends approval but has the following concerns: 1) The PD states that the road connecting Main Street to Halik Road would be part of phase II, when the remainder 9 acre parcel is developed as M-1. The economic feasibility of developing 9 acres in conjunction with 1,100 feet(approx.)of roadway may hinder the development of rear parcels as industrial. 2) The size of the proposed detention greatly reduces the area of M-1 zoned developable land. Sharing the city's detention would be beneficial. 3) Agreements regarding future road connection to Halik Road over the Dolan tract have not been provided. If, due to unforeseen reasons, this easement/agreement is not obtained, then the status of the PD would be questionable. This needs to be addressed in the PD. -� 4) PD document include exhibits C, D, and E, as stated. Page 6 of 8 TPH Minutes 01/19/09 David Miller, 3603 W Pine Orchard, Pearland, Texas introduced himself on behalf of the applicant adding that he was available to answer any questions. Mary Starr of 2706 Shady Creek, Pearland, Texas stated an agreement is in place by the seller, but cannot be signed until the zoning is in place. William Baldy of 3714 Wingtail Way, Pearland, Texas commented that a traffic survey needed to be done for the area. P&Z Vice-Chairperson Jerry Koza, Jr. expressed concern that all the property owners were not notified. P&Z Chairperson Henry Fuertes expressed concern with the M-1 use and the potential availability. Mr. Fuertes stated he felt a PD should show the entire infrastructure, and feared the M-1 would never be developed. Council Member Woody Owens recommended that the city notify all the property owners. Planning Director Lata Krishnarao explained how the ownership information is obtained through the city's mapping system. Planning Director Lata Krishnarao distributed a revised version of the PD, stating that it was brought to staff earlier in the day, and staff has not had time to review it. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2009-02Z at 8:38 p.m. Mayor Tom Reid opened the public hearing for the Amendment to the Unified Development Code (T-10) at 8:38 p.m. AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (T-10) A request by the City of Pearland, for an amendment to the Unified Development Code, Ordinance No. 2000T, regarding platting of single family residential lots with existing structures. Mayor Tom Reid read the purpose of the hearing. Planning Director Lata Krishnarao presented both the applicant and staff report. There was no public comment forms received on the Amendment. Council Member Kevin Cole inquired if when the City met with the Surveyors, were they able to submit this in Auto-cad form. Planning Director Lata Krishnarao stated yes, and that this was a part of our checklist for platting. Council Member Woody Owens inquired about the lots in the OT zoning district. Mayor Tom Reid adjourned the public hearing for the Amendment to the Unified Page 7 of 8 JPH Minutes 01/19/09 Development Code (T-10) at 8:47 p.m. ADJOURNMENT — Mayor Tom Reid adjourned the series of hearings at 8:47 p.m. These minutes are respectfully submitted by: (-- LA--17 )7. 1tt 3".Li 4:t. ---- Judy Kr i Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 9th day of Fe rua 2009, A.D. __c: cintJ Mayor Tom Reid Page 8 of 8 JPH Minutes 01/19!09