2013-05-20 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 MAY 20, 2013, AT 6:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS
Mayor Tom Reid and P&Z Chairperson Henry Fuertes called the series of public
hearings to order at 6:53 p.m. with the following present:
Mayor Tom Reid P&Z Chairperson Henry Fuertes
Mayor Pro Tern Greg Hill P&Z Vice Chairperson Linda Cowles
Council Member Tony Carbone P&Z Commissioner Mary Starr
Council Member Keith Ordeneaux P&Z Commissioner Daniel Tunstall
Council Member Scott Sherman P&Z Commissioner Matthew Hanks
P&Z Commissioner Ginger McFadden
Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge,
Assistant City Manager Jon Branson, City Manager Bill Eisen, Planner II Ian Clowes,
City Planner Harold Ellis, Director of Community Development Lata Krishnarao, and
Community Development Office Coordinator Judy Brown.
Planner II Ian Clowes explained the Joint Public Hearing and agenda process for the
attending public, and explained that the Planning & Zoning Commission meeting would
immediately follow the Joint Public Hearing.
Mayor Tom Reid opened the Public Hearing for Conditional Use Permit No. 2013-04 at
6:54 p.m.
NEW BUSINESS
Conditional Use Permit No. CUP 2013-04
A request of James Elmore of Cisneros Design Group, applicant for Amegy Bank,
owner, for approval of a Conditional Use Permit to allow for Auto Wash — Self Service in
the General Business (GB) zone, on property located at the 8400 Block of Broadway,
more specifically described as:
Legal Description: Being a 3.395 acre tract of land being a portion of land called "Tract
Two" described in a deed from R.R. Viada and Agnes M. Viada to R. R. Viada or Agnes
M. Viada, Trustee, under Viada Family Living Trust, as recorded under Brazoria County
Clerk's File Number (C.F.) 2005 003071, of the Official Public Records of Real Property
of Brazoria County, Texas and being a portion of Lot 27, of the Allison-Richey Gulf
Coast Home Co's Part of Suburban Gardens Subdivision of Section 21, of the H.T.& B.
Railroad Company Survey, Abstract Number 309, Brazoria County, Texas.
General Location: 8400 Block of Broadway St.
JPH Minutes of
May 20, 2013
Page 1 of 9
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Planner II Ian Clowes read the staff report stating staff recommends approval of the
CUP with the following conditions:
a. Auto wash bays be screened from Broadway per the submitted landscaping plan
b. Auto wash be developed in accordance with detailed site plan
Mr. James Elmore of 212 W. 33rd, Houston, Texas spoke briefly on behalf of the
applicant and stated he was available for any questions.
There was no one present to speak for or against the proposed request.
P&Z Vice-Chairperson Linda Cowles asked if this was the minimum landscaping
required for screening. Planner II Ian Clowes stated there was no requirement of
screening for bays in the Unified Development Code. The Commission has always
asked applicants to turn the bays. In lieu of turning the bays, the applicant will add extra
screening, in addition to the UDC landscaping requirements.
Council Member Scott Sherman asked about placing the car wash in the back. Mr.
James Elmore stated that due to having two corridor overlays, this is the best way to
layout the car wash.
411110. P&Z Chairperson Henry Fuertes inquired about the letter of intent and having a
typographical error in it.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP
2013-04 at 7:04 p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2013-08Z at 7:05 p.m.
ZONE CHANGE APPLICATION NO. 2013-08Z
A request of Collin Tadlock, applicant and The Grocers Supply Co., Inc., owner, for
approval of a zone change from the General Business (GB) zone to the General
Commercial (GC) zone on the following described property, to wit:
Legal Description: Being a 1.0090 acre tract of land out of the Allison-Richey Gulf
Coast Home Company Subdivision of Section 9, H.T.& B. Railroad Company Survey,
Abstract No. 234, Brazoria County, Texas, according to the plat recorded in Volume 2,
Page 24, of the Brazoria County Plat Records; this tract being a portion of the Dan
Keller, Trustee, et al, call 9.977 acre tract (Volume 1748, Page 448, Brazoria County
Deed Records).
General Location: 7201 Broadway St.
JPH Minutes of
May 20, 2013
Page 2 of 9
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Planner II Ian Clowes read the staff report stating staff was unable to recommend
approval of the Zone Change 2013-08Z as proposed by the applicant for the following
reasons:
1. The potential uses allowed in the GC zone, for example a pawn shop, would not
be in conformance with the surrounding GB uses and would negatively impact
new and proposed development in the immediate area.
2. The proposed zone change would likely have a negative impact on the
surrounding properties and developments. There are a number of vacant lots in
the vicinity that are zoned GB. When developed, these GB lots will be required
to meet all development requirements of the Corridor Overlay District. At this
time, the subject parcel and the existing building is not required to come into
conformance with these requirements. Improvements that would not be triggered
include landscaping, sidewalk, and façade (if applicable).
Staff received one public comment form in favor of the zone change, and one phone
inquiry.
Mr. Colin Tadlock of 3131 E. Holcombe Blvd., Houston, Texas spoke on behalf of the
applicant stating they were in the process of purchasing the property behind this site
and had a contract to lease the space for a pawn shop that was contingent on the
outcome of the zone change.
Mr. Lance Foss of 1409 O'Day Rd., #57, Pearland, Texas spoke in opposition and was
specifically opposed to a pawn shop.
Council Member Keith Ordeneaux inquired what would be allowed in a General
Commercial (GC) zone. Planner II Ian Clowes read a list of example General
Commercial uses. Mr. Ordeneaux added he was not sure he was opposed to the pawn
shop but was opposed to a use such as bus or truck storage, allowed in a GC zone.
Council Member Scott Sherman stated he was also concerned with other uses in the
GC zone that would be allowed. He added that there already is a Gold Sale shop in the
Kroger retail center and an auto repair at Max Road. He expressed concern for when
Reid Blvd. opened up and expanded north.
Mayor Tom Reid stated it would not be an improvement to have a pawn shop at this
location and stated a retail node had not been set up for this intersection.
Mayor Pro Tem Greg Hill agreed with staff's comments and recommendation and stated
he felt they got it right.
JPH Minutes of
May 20, 2013
Page 3 of 9
P&Z Commissioner Daniel Tunstall stated there were about 45 other specific uses in the
*" GC zone that would be allowed.
Council Member Keith Ordeneaux inquired if a General Business zone would be better
with a Conditional Use Permit. Planner II Ian Clowes stated pawn shops were only
allowed in the GC and M-1 zoning districts and a CUP was not allowed with GB for a
pawn shop.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2013-08Z at 7:21
p.m.
Mayor Tom Reid opened the public hearing for the Unified Development Code
Amendment T-15 at 7:21 p.m.
Unified Development Code Amendment T-15
Consider proposed amendements to the Unified Development Code regarding
electronic signs.
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Director of Community Development Lata Krishnarao read the staff report by recapping
the workshops held in February and March of 2013, and visual demonstration held on
May 10, 2013. Several changes were proposed to the current regulations regarding
Electronic Changeable Message Signs (ECMS). In summary, the amendments include
the following:
1. Type:
Permit either scrolling sign or changing message sign on one monument
sign, with the following restrictions:
a. For changing message signs, reduce the minimum static time from six (6)
seconds to four (4) seconds and allow fading/ cross fading transition of
less than 1 second.
b. Permit scrolling signs that are not taller than 12" with a minimum static
display of 2 seconds and scrolling transition of not greater than 1 second.
2. Color:
a. For changing message signs remove restriction on colors and allow more
than one color. Currently, the flashing display (i.e., changeable message)
portion is limited to one (1) color, and limited to white, gold, yellow, red,
blue, or green.
b. For scrolling signs, limit the colors to two - one color for letters and one for
the background.
3. Require that all Electronic Changeable Message Signs (ECMS) are equipped
with automatic dimming technology.
JPH Minutes of
May 20, 2013
Page 4 of 9
4. Require that ECMS shall not exceed a brightness level of three-tenths (0.3) of a
foot candle above ambient light.
5. Existing non-conforming signs that are not equipped with dimming technology
and are limited to one color and exempt from dimming requirement.
6. Add the following definitions:
(369) SIGN, ANIMATED: A sign with any visual effect of a light source which
causes the perception of movement of graphics or text.
(376) SIGN, FLASHING/BLINKING: Sign with a type of animation characterized
by cyclical switching of visual content between on and off states in rapid
successive increments of less than two (2) seconds.
(392) SIGN, SCREEN TRANSITION: A type of animation used to transition from
one message to another and lasting less than 1 second.
(393) SIGN, SCROLLING: Sign with a type of animation which causes
displayed text or graphics to move continuously up, down, or across the screen,
so that a line of text or graphics appears at one edge of the screen for each line
that moves off the opposite edge.
Director Krishnarao added that the amendments would include clarification of sign area.
Additionally, modify definitions for allowable effective area of sign and total effective
area of sign based on the example shown on the slides. She also discussed the
recommendation from the traffic committee and Keep Pearland Beautiful with regards to
requiring existing signs to conform to the dimming requirement within one year, and
restricting cyclical switching of colors for flashing, blinking signs.
Debbie Cooley of 1818 Lazy Creek Lane, Pearland, Texas spoke on behalf of Keep
Pearland Beautiful, President Elect. Ms. Cooley read how she appreciated all involved,
from the city staff to the Chamber of Commerce stating KPB was in support of the
amendment with two exceptions:
1. Regarding the reduction of the static change from 6 seconds to 4 seconds, KPB
would like to leave it at 6 seconds.
2. Regarding existing signs out of compliance without an automatic dimmer, KPB
would like them to become compliant.
Ms. Carol Artz-Bucek, 6117 Broadway, Pearland, Texas spoke on behalf of the
Chamber of Commerce. She recognized the businesses with electronic signs and
asked them to stand.
JPH Minutes of
May 20, 2013
Page 5 of 9
Mr. Kris Schoeffler of 5205 Magnolia, Pearland, Texas thanked staff and stated he was
""" happy with the ordinance as proposed. He felt it was a beautiful collaboration between
KPB, staff, and the Chamber of Commerce.
Mr. Sean Murphy of 2651 Pearland Parkway, Pearland, Texas spoke on behalf of
Hometown Bank stating he appreciated staff and council for helping to collaborate. He
continued by thanking the Chamber of Commerce, but stated he came to the city as a
business owner and feels everyone has reached a happy medium. The 4 second
display is important to get more than one message out, specifically for fundraiser type
events. He felt this would help the city to gain points for their Scenic City Platinum goal.
Mr. Tom Rasberry of 5008 Colmesneil, Pearland, Texas spoke on behalf of Rasberry
Pest control and stated he was in favor of the changes and specifically the 4 second
display. He continued by stating his new sign had already increased his business by
20%. He also intends to help put up community messages.
Mr. Jim Johnson, 6117 Broadway, Pearland, Texas spoke on behalf of the Chamber of
Commerce stating the Chamber of Commerce helped to support UDC changes.
Mr. Buck Stevens of 4701 West Orange St., Pearland, Texas spoke about the
grandfathering issue and does not feel it is good to force them to come into compliance.
He added that if not grandfathered, bring them to the minimum. Production of time
should be at 6 seconds as most people driving at 30-35 mph cannot read a 5 line sign.
—• Mr. Stevens also spoke about current and future signs in the windows of businesses
and this should be addressed and enforced. He spoke about restrictions of interaction
signs and they should not have anything that encouraged texting. He continued by
saying there seemed to be multiple violations from 9 p.m. Friday night through Sunday
night and encouraged Council to add additional staff to enforce codes over the
weekend.
Mayor Tom Reid thanked the Chamber of Commerce for taking the initiative to work
with the business owners and city staff. He added that the only people viewing the
signs would be drivers, so collectively we want to avoid any pitfall. Mayor Reid
continued by stating he was proud to have Tree City USA and Scenic City Gold
designations.
Council Member Keith Ordeneaux agreed he was proud of the Scenic City Gold status
and realized it was hard to reach. He stated that increasing 25% for the sign was in our
future, and was in support of auto dimming for full color.
Mayor Pro Tem Greg Hill thanked Keep Pearland Beautiful and stated he liked
exempting signs without auto dimming capability. He expressed that full color was
exceptionally bright as demonstrated at the workshop. Mayor Pro Tern Greg Hill asked
about banners and that they needed to be addressed; and, he too was concerned with
businesses and neon signs in the windows and would like it addressed in the next UDC
Amendment.
JPH Minutes of
May 20, 2013
Page 6of9
Council Member Scott Sherman apologized to some of the business owners who
thought there would be a comment period at the last workshop. He felt this was a good
agreement. He was concerned with the 6 seconds to 4 seconds display that KPB
addressed but does not feel it will affect Scenic City status.
Director of Community Development Lata Krishnarao stated the reduction in time may
affect the status, but the other amendments are positive changes for scenic city status.
Staff had been attempting to contact Scenic City for clarification.
Council Member Scott Sherman stated he liked the driver interaction restriction with
regards to safety but was concerned with the manpower needed to oversee the
enforcement over the weekend.
Mayor Pro Tern Greg Hill added that the 6 second to 4 second display may regulate
itself with businesses learning that 6 is better.
Council Member Tony Carbone stated it was good to see businesses and staff come
together and glad it will not affect the Scenic City status. He added that he felt the 4
seconds was a good compromise and expressed concern of going after businesses that
do not have signage with this capability. He asked that grandfathering be a possibility.
Mr. Joel Heine of 13310 Clayton Hill Drive, Houston, Texas 77041 spoke on behalf of a
�► sign manufacturer commenting on signs, dimming and how auto dimming came about,
and the typical cost of doing so.
P&Z Vice-Chairperson Linda Cowles stated she was glad to learn this change would not
hurt the Scenic City Gold status but still concerned with the 4 second rule and was not
in favor of it. Her fear was that soon everyone along Broadway Street would have a
flashing sign particularly as the cost of these signs go down. Ms. Cowles asked how
many chamber members there were. Mr. Jim Johnson of the Chamber of Commerce
stated there were 1130 members. Ms. Cowles commented that only 30 of those
seemed concerned with the look for the city when surveyed by Keep Pearland Beautiful.
Council Member Tony Carbone asked Mr. Johnson if every Chamber member was
polled. Mr. Jim Johnson stated emails were sent to all members with a four hour time
frame to respond. Only 37 responded, but did not receive any negative comments.
Council Member Scott Sherman asked how many signs would be affected if a
requirement was made for all to conform to dimming. Director of Community
Development Lata Krishnarao stated she could not answer that question but did know
that during the bi-yearly drive-by 45 were not in compliance. Council Member Sherman
asked if there was a way to poll the business owners if they had the capability to dim.
Ms. Krishnarao stated they could, but it would take time. They could grant the
grandfathering but could only have one color. Mr. Sherman replied that sounded like a
code enforcement nightmare.
JPH Minutes of
May 20, 2013
Page 7 of 9
Director of Community Development Lata Krishnarao deferred to City Attorney Darrin
Coker, asking if the city would have to allow the non-conforming to come into
compliance or only allow one color. Mr. Coker replied if they cannot change, then they
have one year to conform based on the restriction proposed.
Mayor Pro Tern Greg Hill stated he agreed with P&Z Vice-Chairperson Linda Cowles
that he does not want to see an entire street of flashing lights.
City Attorney Darrin Coker expressed concern with the interactional signs asking for a
text. The city cannot regulate the content as there is no law prohibiting texting.
Mayor Tom Reid stated staff could report back in six months to see if this ordinance
needs to be tweaked. Director Lata Krishnarao replied that staff would be back in
August with the yearly update of the Unified Development Code. Assistant City
Manager Mike Hodge stated it would be at this time that the banner issue would be
addressed.
P&Z Commissioner Daniel Tunstall stated that photo cell, auto dimming and schedule
based dimming should be added to the definitions.
P&Z Chairperson Henry Fuertes noted that the Scenic City Score Sheet indicated the
city lacked points in enforcement.
r
Mayor Tom Reid adjourned the public hearing for the Unified Development Code
Amendment T-15 at 8:28 p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of public hearings at 8:28 p.m.
These minutes are respectfully submitted by:
Judy Brown, Community Development Office Coordinator
Minutes approved as submitted and/or corrected on this 10th day of June, A.D.
Mayor Tom Reid
JPH Minutes of
May 20, 2013
Page 8 of 9
JPH Minutes of
May 20, 2013
Page 9 of 9