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2014-02-17 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 MONDAY, FEBRUARY 17, 2014, AT 6:30 P.M., COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER Mayor Torn Reid and P&Z Chairperson Henry Fuertes called the series of public hearings to order at 6:31 p.m. with the following in attendance: Mayor Tom Reid Chairperson Henry Fuertes Mayor Pro Tern Greg Hill P&Z Vice Chairperson Mary Starr Council Member Keith Ordeneaux P&Z Commissioner Daniel Tunstall Council Member Scott Sherman P&Z Commissioner Elizabeth McLane Council Member Tony Carbone P&Z Commissioner Linda Cowles Council Member Susan Sherrouse P&Z Commissioner Derrick Reed P&Z Commissioner Ginger McFadden Also in attendance were Interim City Manager Jon Branson, Assistant City Manager Mike Hodge, Director of Community Development Lata Krishnarao, City Engineer Andrea Broughton, City Attorney Darrin Coker, Interim City Planner Johnna Matthews, Director of Engineering and Capital Projects and Office Supervisor Judy Brown. a.. Interim City Planner Johnna Matthews discussed the public hearing process. Mayor Tom Reid opened the public hearing for the Thoroughfare Plan Amendment at 6:32 p.m. THOROUGHFARE PLAN AMENDMENT A request of the City of Pearland to amend the Thoroughfare Plan. Interim City Planner Johnna Matthews introduced City Engineer Andrea Broughton. Ms. Broughton began with an explanation of what a Thoroughfare Plan was and stated that City Council had a workshop on July 17, 2013 and P&Z held a workshop on February 3, 2014. Staff recommended approval of the amendment to the Thoroughfare Plan as proposed: 1. Proposed amendment will show the exact alignment and layout of minor collectors. 2. Proposed amendment will remove these prohibited connections (that currently identifies streets which connect through existing developments). 3. Roadways to be widened have been reconstructed and sufficient R-O-W have been acquired. The proposed amendment will change the classification from "to Minutes of the Joint Public Hearing February 17, 2014 Page 1 of 5 be widened" to "sufficient width" 4111.- 4. The proposed amendment will show the realignment of various studies (Pearland Parkway and Dixie Farm Road). 5. The proposed amendment will show the realignment of various studies (Max Road and McHard Road). Mayor Pro Tern Greg Hill stated he was concerned with the Max Road at Martin Luther King Boulevard. The Beltway access is necessary to alleviate traffic, but concerned with the City of Brookside's opposition of this and how necessary, as there was a concern with crime. City Engineer Andrea Broughton stated that staff did look at a travel demand module. Cullen and other north/south routes would be affected. Mayor Tom Reid inquired if there would be an underpass at the MLK Boulevard as this would be an ideal location. Council Member Keith Ordeneaux inquired what the timeline would be for the Mykawa Road construction. Director of Engineering and Capital Projects Trent Epperson stated that he felt it was in the Capital Improvement Plan (CIP) for 2017, but was waiting on funding. He also stated that staff felt it was necessary to put this between Cullen and Mykawa Road. Mayor Reid stated that it would eventually extend south to Highway 6 through FM 1128. P&Z Commissioner Linda Cowles inquired about the funding up to Hughes Road. Director Trent Epperson stated beyond that and north, funding was not available at this time. Mayor Tom Reid adjourned the public hearing for the Thoroughfare Plan Amendment at 6:50 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2014- 01 at 6:51 p.m. CONDITIONAL USE PERMIT NO. CUP 2014-01 A request of Andrew Hinojosa, applicant; for James Leach, owner; for approval of a Conditional Use Permit, within the Garden O'Day Mixed Use (G/O-MU) zoning district, to allow an Auto Repair (Major) facility on approximately .63 acres of land, on the following described property, to wit: Legal Description: Block 3, Lot 9, being .63 acres of the Final Plat of Hickory Creek Place; a subdivision of 100.09 acres of land comprised of 10 blocks and 133 lots; being a subdivision of tracts 17, 18, 19, 20, 21, 30, 31, 32, 33 and 34 of a subdivision of the H.T. & B. R.R. CO. Survey, Section 7, Abstract 219, Brazoria County, Texas. 4.111. Minutes of the Joint Public Hearing February 17, 2014 Page 2 of 5 General Location: 2106 O'Day Rd, Pearland, TX Interim City Planner Johnna Matthews read the staff report stating the applicant originally submitted the zone change in August 2013 asking for a change from Garden O'Day Mixed Use (GO/MU) to General Commercial (GC). As a result, a change was made to the UDC with amendment T-16 to allow the proposed use, with a Conditional Use Permit for Auto Repair within a GC zoning district. Staff recommends approval with the following conditions: 1. The existing fence in the front yard of the property fronting O'Day Road does not meet City requirements. Staff recommends that the fence is replaced and shall meet the requirements of the Unified Development Code (UDC). 2. All vehicles parked outside shall be in operable condition and shall not meet the definition of a junk vehicle. In this context, a junk vehicle is defined as any wrecked, dismantled or partially dismantled, damaged, discarded, or ruined motor vehicle. 3. No outside repair of vehicles is allowed. 4. No vehicle delivery or drop-off after hours of operation. 5. All existing gravel shall be removed and replaced with materials permissible by the UDC. AM. 6. The site shall conform to all landscaping and screening/fencing improvements as identified in the UDC. 7. Prior to First Reading, a revised site plan is required which illustrates all the conditions. 8. All applicable requirements of the UDC shall me met. Staff received ten calls with regards to the zone change in opposition. Mr. Bill Perry 2154 Melanie Lane Pearland TX spoke in opposition and stated he had 91 signatures in opposition. He stated he was not against commercial property but against this type of business in their neighborhood. Mr. Christian Leach 5009 Apple Springs Drive Pearland TX 77584 spoke in favor. As the manager of the business, he stated they have been in business 30 years without complaints or violations. Their main concern now is monetary. Council Member Keith Ordeneaux inquired if a wood fence would work behind the business next to the residents; and, does the UDC need to be followed. Interim City Planner Johnna Matthews stated the UDC needs to be followed. Minutes of the Joint Public Hearing February 17, 2014 Page 3 of 5 Council Member Scott Sherman inquired about he notices being sent 10 days prior to the hearing. Ms. Matthews stated they were mailed within this timeline and none had been returned. Council Member Sherman asked if the owner could have built on the site prior to purchasing. Ms. Matthews stated no. Interim City Planner Johnna Matthews stated the applicant mentioned a phasing schedule; however, staff had not received this yet. Director of Community Development Lata Krishnarao stated the UDC does allow for phasing, such as landscaping, sidewalks, fencing, but through a Surety Bond. Discussion ensued with regards to what type of business could go in if the CUP was approved, and if the property was sold. Council Member Sherman stated he was not in favor of the CUP. The applicant withdrew the zone change request, then applied for a CUP, and now being told the city is making it difficult for them to occupy. Deputy City Attorney Nghiem Doan stated the underlying zoning use would still exist with the CUP use, if the owner sold the property. Council Member Keith Ordeneaux stated the CUP does put in the enforcements with the hardship falling on the owner. Mayor Reid stated the concern of the Buyer Beware. Council Member Ordeneaux stated zoning does these things and it is not the role of the government. Mayor Pro Tern Greg Hill commented that the UDC was not changed specifically for this business. It would have happened anyway, and that it cleaned up the Garden O'Day Mixed Use district (GO/MU). Mr. Hill recommended approval with the phasing approach. This would protect the residents and the city. Council Member Tony Carbone inquired if the parking lot could be asphalt or concrete, as currently it is gravel. Johnna Matthews stated gravel is not permitted per the UDC. City Engineer Andrea Broughton discussed performance specifications of asphalt verses concrete. Council Member Susan Sherrouse stated that the whole purpose of a CUP was designed to protect neighboring property owners. Members of the P&Z Commission inquired about the length of the phasing and that maybe the city could work with the owner on functional areas, but not those with a life safety issue. Minutes of the Joint Public Hearing February 17, 2014 Page 4 of 5 Council Member Tony Carbone stated he wished every business would attend a Pre Development meeting. Director of Community Development Lata Krishnarao stated that staff is continually working to educate the banks and realtors on the proper zoning and permitting regulations. Mayor Pro Tem Greg Hill stated it was disheartening to hear that the applicant may give up. Discussion ensued with the phasing. Director Krishnarao stated that what cannot be phased in are the paving, life safety issues such as fire, building codes, and the adjacency issues that affect the neighbors. The façade could be phased in through a surety bond. Ms. Krishnarao added that staff had met with the applicant and stated they could use the office portion but not the auto repair. There was further discussion regarding noise and if the city had a noise ordinance. City Attorney Darrin Coker stated there was a noise ordinance. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2014-01 at 7:55 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of public hearings at 7:55 p.m. These minutes are respectfully submitted by: Judy Brown, Community Development Office Supervisor Minutes approved as submitted and/or corrected on this 12th day of March, 2014 A.D. Mayor Tom Reid Minutes of the Joint Public Hearing February 17, 2014 Page 5 of 5