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2016-11-21 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 NOVEMBER 21, 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: Mayor Tom Reid Council Member Tony Carbone P&Z Vice-Chairperson Thomas Duncan Council Member Greg Hill P&Z Commissioner Ginger McFadden Council Member Trent Perez P&Z Commissioner Mary Starr Council Member Derrick Reed P&Z Commissioner Troy Pradia Council Member Gary Moore P&Z Commissioner Derrell Isenberg Also present were City Attorney Darrin Coker, Director of Community Development Lata Krishnarao, Senior Planner Martin Griggs, Assistant Director of Engineering Richard Mancilla, Associate Engineer Matt Brown and Office Supervisor Judy Brown PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 16-00009 @ 6:34 p.m. P&Z Vice - Chairperson Thomas Duncan read into record the request for Conditional Use Permit Application No. CUP 16-00009. Conditional Use Permit Application No. CUP 16-00009 A request of Arne Pepin, applicant/owner; for approval of a Conditional Use Permit to allow for a tool and machinery rental with outdoor storage in the General Commercial (GC) zoning district; on approximately 4.694 acres of land. Legal Description: Being 4.694 acres (204,491 square feet) of land situated in the northeast one-quarter of Section 17, H. T. & B. RR Co. Survey, Abstract No. 242, Brazoria County, Texas, and being a part of the land described in Vol. 103, Page 156 and also part of the land described in Vol. 233, Page 452 of the Deed Records of Brazoria County, Texas. General Location: 2932 Manvel Road, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs presented the exhibits and reported that Staff does not recommend approval for the following reasons: 1. The proposed use is not in conformance with the Future Land Use Plan (FLUP). The FLUP designates this property as Retail, Offices, and Services which is described as suitable for a variety of office and retail development. The proposed use, however, is more of a heavy commercial or light industrial use. 2. The existing uses in the surrounding area include several housing developments. There are no like or similar uses in the area and therefore this site is not suitable for that intensity of use. 3. The proposed conditional use permit would not have a positive impact on promoting future development along Manvel Road. The surrounding area is mostly developed with single family residential homes and institutional uses. The zoning in the area is intended to promote retail, offices, and services along the Manvel Road. The proposed use would not support the neighboring residential needs and would not be compatible to the uses along Manvel Road, or be appropriate on Manvel Road which also serves as an entry to the City. If the CUP is approved, staff recommends the following items be addressed in the site plan: 1. Existing track lighting to be removed. 2. Existing barbed wire fence to be replaced with a fence that meets the UDC. 3. All other conditions of the UDC be met. The Representative for Property Owner, Bo Faber, 2734 Sunrise Blvd. #208, Pearland TX, informed Staff that the proposed buyer intends on bringing the property above UDC requirements. Ernest Jimenez with Central Pony Express, 2703 Village Mills Dr., Pearland TX, was available for comments or questions. No Staff wrap up. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Representative for the Sellers, Deborah Hays with RCR Properties, 13226 Pembroke St., Houston TX 77048 – In favor of the proposed request COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Tony Carbone inquired on the use and zoning classifications and would like to know if the site plan can be tied to the CUP specifying the limit of trailers. Director of Community Development Lata Krishnarao informed that if use is not in Land Use Matrix, Staff finds the closest use. Otherwise, Staff would have to recommend a UDC amendment. Mr. Carbone asked applicant if more trailers would be added. Representative for Owner Bo Faber replied more trailers would be added in the future. Mr. Carbone was in favor of the proposed request. Councilmember Derrick Reed inquired about the times the trailers would be moved on the property. Ernest Jimenez with Central Pony Express answered the hours would be from 6:00am to 6:00pm and the drivers would be taking the trucks home. Mr. Reed is not in favor of the proposed request due to the proximity of a school. Councilmember Greg Hill inquired to the Applicant if they would be removing the lighting, replacing the existing fence and adding landscape buffers. Mr. Faber replied that a fence and shrubs would be replaced and would provide cover from trailers being seen. Mr. Hill was in favor of the proposed request. Councilmember Trent Perez had concerns regarding the future land use, future expansion of the business and the condition roads would become after time. Mr. Jimenez explained that equipment would not be stored on the property and explained the pick-up and delivery process. Mr. Perez stated that he would be in favor of the proposed request with limited trailers, limit expansion and revise the CUP & site plan. P&Z Commissioners Troy Pradia and Derrell Isenberg stated that other locations in the same area with similar businesses did not present a heavy truck load problem and both agreed with the land use. P&Z Vice-Chairperson Thomas Duncan inquired to applicant about the turn arounds and asphalt paving. Mr. Fabers stated he was working with the City’s Planning department on the best pavement use. Discussion ensued with regards to blocking traffic on FM 1128 when trucks would be turning in. Clarification was asked from the City Council and P&Z Commission by Community Development Director Lata Krishnarao. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No. CUP 16-00009 @ 7:05 p.m. PURPOSE OF HEARING Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP 16-00010 @ 7:05 p.m. P&Z Vice - Chairperson Thomas Duncan read into record the request for Conditional Use Permit Application No. CUP 16-00010. Conditional Use Permit Application No. CUP 16-00010 A request of Jay Dorsey, applicant, on behalf of Trajan Properties, LLC., owner; for approval of a Conditional Use Permit to allow for a metal, machine, or wood shop and building material sales in the Garden/O’Day-Mixed Use (G/O-MU) zoning district; on approximately 0.63 acres of land. Legal Description: Being a tract of land containing 0.63 acres (27,500 square feet) and being known as Lot 9, Block 3 of Hickory Creek Subdivision as recorded in Volume 11, Page 1 of the Brazoria County Map Records. General Location: 2106 O’Day Road, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Martin Griggs presented the Staff report and exhibits and reported that one public comment in favor of the request was received. Mr. Griggs stated that Staff does recommend approval of the requested CUP with the following conditions: 1. It is not anticipated that the proposed use will have any significant negative impacts on surrounding developed properties, as a result of the requirements of the UDC as well as the conditions recommended by staff.