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2016-02-15 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 15, 2016 AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519 LIBERTY DRIVE CALL TO ORDER Mayor Tom Reid opened a series of public hearings at 6:30 p.m. The following were present: Council Member Tony Carbone P&Z Chairperson Daniel Tunstall Council Member Greg Hill P&Z Vice-Chairperson Thomas Duncan Council Member Keith Ordeneaux P&Z Commissioner Derrell Isenberg Council Member Derrick Reed P&Z Commissioner Ginger McFadden Council Member Gary Moore P&Z Commissioner Tony Pradia P&Z Commissioner David Selsky P&Z Commissioner Mary Starr Also present were City Manager Clay Pearson, Deputy City Manager Jon Branson, Assistant City Manager Trent Epperson, City Attorney Darrin Coker, City Planner Frankie Legaux, Associate Planner Vince Hustead, Assistant City Engineer Richard Mancilla, and Office Assistant Alma Gonzales. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. 2016-02 at 6:35 p.m. and notified the Council and Commission of the removal of Zone Change Application No. 2016-02Z and No. 2016-01Z from the hearing, with consideration to be at a future date. PURPOSE OF HEARING City Planner Frankie Legaux gave a brief explanation of the removal of Zone Change Application No. 2016-01Z and Zone Change Application No. 2016-02Z. P&Z Chairperson Daniel Tunstall read into the record Conditional Use Application No. 2016-02. Conditional Use Application No. 2016-02 A request of James Elmore, applicant; on behalf of Joseph and Mathew John, owners; for approval of a Conditional Use Permit (CUP) to allow for fuel station and convenience store in the General Business (GB) zoning district; on approximately 2.157 acres of land, to wit: Legal Description: A tract or parcel containing 2.157 acres of land, being all of Lot 1, Block 1, JKJ Development recorded under Brazoria County Clerks File (B.C.C.F.) No. 2008015246, and all of a called 0.65 acre tract as described by deed recorded under B.C.C.F. No. 2013054148, situated in the R.B. Lyle Survey, Sec. 4, A-543, City of Pearland, Brazoria County, Texas. General Location: NW corner of Orange Street, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY City Planner Frankie Legaux read the staff report and showed the exhibits of the maps, aerials and posting of signs for the subject property. Staff was not able to recommend approval of the requested CUP due to issues that would need to be addressed in The Comprehensive Plan, Future Land Use Plan, and conformance with the Unified Development Code as well as the potential impact on noise, dust and excessive traffic. Representative for the applicant James Elmore advised that any staff issues with the development plans would be addressed when needed. He clarified that no intentions for a “Truck Stop” were in place and their expectations were to design a store similar to new construction on Highway 288. Mr. Elmore included information on the corridor overlay and 30 foot buffering. Mr. Elmore explained trees would stay in place to help with noise and a concrete parking lot would be added to eliminate dust pollution. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST The following list of people were opposed to the approval for the Conditional Use Application No. 2016-02 due to concerns regarding potential increase of traffic to an already congested Mykawa Road and Orange Street. The possible increase of noise and crime, the integrity of the community, value of homes decreasing, the safety of the neighborhood children, and several convenience stores with gas stations presently exist in the area and what value will this project bring to the neighborhood. Citizens expressed the concerns of the gas station becoming a “Truck Stop” and what the hours of operation would be. The budget for this project was also commented on. Michelle Cox, 2309 Cedar St., Opposed Shannon Payne C/O Allied Fire Protection, LP, 2003 Mykawa Rd., Opposed Harold Isidori, 2106 Willow Blvd., Opposed Ruby L. Sanders, 2402 Francis, Opposed Melissa Siems, 4910 Elm St., Opposed Casey Jones, 2018 Plum Grove Ln., Opposed John Shaw, 2310 Cedar St., Opposed Susan Edwards, 2107 Rose Rd., Opposed Charles Buck Stevens, 4701 W. Orange St., Opposed Mark Hacas, 1904 Mykawa Rd., Opposed Michelle G. Smith, 2301 Willow Blvd., Opposed Mr. David S. Miller, 3008 Windwood, In Favor Of Councilmember Greg Hill agreed with the “Truck Stop” concerns and felt it would not be a good idea to change zoning to allow for the encroachment of the gas stations. City Planner Frankie Legaux explained the reason for the CUP requirement due to the encroachment. Councilmember Keith Ordeneaux commented on the M-1 zone and the requirements for a CUP at this location. His concerns included curb cut distances and means of egress. He was not in favor, and commented that with the widening of Mykawa Road, at some point some type of development would come in the future. Councilmember Tony Carbone reviewed the zone map that was presented and inquired about the difference between zones M1 & GB and of the notifications mail out and what may trigger a different vote from the public. Mr. Carbone was not in favor and added that at some point future development would come. Councilmember Derrick Reed did not agree with the projects proposed layout at this time and agreed about the future development, advised the public to keep informed. Councilmember Gary Moore stated he was not in favor and agreed with other Council Members regarding the traffic congestion and large trucks being present. Mayor Tom Reid best explained the term of “Truck Stop” and gave an example of a location on Highway 288. Assistant City Manager Trent Epperson spoke of the start of the Mykawa Road widening and duration of the project. P&Z Vice-Chairperson Thomas Duncan explained his concerns with the subject properties’ ingress and egress and the 360 foot medium break requirement. P&Z Commissioner Tony Pradia inquired if there were any rules or guidelines on any limitations of gas stations for the general area. City Attorney Darrin Coker advised of no guidelines presently and commented on the determination of a vote differs if 20 percent of written protest from residents within 200 feet of subject property is received. Mayor Tom Reid adjourned the public hearing for the Conditional Use Application No. 2016.-02 at 7:56 p.m. Mayor Tom Reid opened the public hearing for Amendments to the Unified Development Code (UDC) @ 8:00 p.m. PURPOSE OF HEARING P&Z Acting Chairperson Daniel Tunstall read the purpose of the hearing into the record. AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) City Planner Frankie Legaux briefly read the proposed amendments to the UDC, Ordinance No. 2000T regarding changes to the Land Use Matrix. Listed in the Staff Report were the eleven proposed changes. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Councilmember Tony Carbone inquired what the effects were if there would be a Vet Pet-Care facility expansion and if a change to the UDC is passed how long before it goes into effect. City Attorney Darrin Coker answered ten days after the approval of the second reading. City Planner Frankie Legaux stated that if changes made to a Pet-Care facility with outdoor pens, the new UDC amendment would be in effect. Councilmember Keith Ordeneaux made a comment on how much control would we want to take on these proposed changes. Mr. Ordeneaux was okay with most of the amendments but conflicted with. Councilmember Greg Hill also had an issue with the proposed change for Vet-Pet Care facilities. Assistant City Deputy commented on the rationalism for these changes. Mayor Tom Reid gave his concerns regarding landfills, auto salvages and asphalt/concrete plants in the city limits.