HomeMy WebLinkAbout2016-11-21 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
1
JPH MINUTES –NOVEMBER 21, 2016
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
2
JPH MINUTES –NOVEMBER 21, 2016
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.
3
JPH MINUTES –NOVEMBER 21, 2016
2.The proposed use meets the criteria of approval for a Conditional Use Permit, will
conform to the UDC as well as the Future Land Use Designation of the Comprehensive
Plan.
3. The proposed use and improvements to the site will result in an enhanced
property that otherwise would remain as is.
Recommended conditions:
1. Add a note on the site plan that no outside storage in the 30’ buffer along
the western property line, abutting residential.
2. All applicable requirements of the UDC shall be met. Prior to First
Reading, a revised site plan is required which illustrates all the conditions.
3. Exempt the requirement for façade.
Brian Holroyd with Triad Construction, 2206 O’Day Rd., Pearland, TX 77581, spoke briefly
of the proposed use.
No Staff Wrap Up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None present.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Trent Perez asked the representative if there would be any changes made
to the site. Mr. Holroyd replied that the existing building would only be re-structured in the
inside and no changes would be made to the outside of the site. All City Council members
had no other comments and were in favor of the proposed request. No comments from the
P&Z Commission.
Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit
Application No. CUP 16-00010 @ 7:15 p.m.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
16-00011 @ 7:15 p.m.
P&Z Vice - Chairperson Thomas Duncan read into record the request for Conditional Use
Permit Application No. CUP 16-00011.
Conditional Use Permit Application No. CUP 16-00011
A request of Richard Stockton, applicant, on behalf of Greenspace Holdings, LLC.,
owner; for approval of a Conditional Use Permit to allow for a mini-warehouse/self-
storage in the General Business (GB) zoning district; on approximately 2.101 acres
of land.
Legal Description: All of that Lot “A” and Lot “B”, Block 1 in the Whispering Winds
Subdivision, Section 2, an addition in the Thomas J. Green Survey, Abstract No.
198 as recorded in Volume 19, Pages 163-164 in the Plat Records of Brazoria
County, Texas.
4
JPH MINUTES –NOVEMBER 21, 2016
General Location: Approximately 323 feet northeast of the intersection of Westminster
Road and Broadway Street.
Senior Planner Martin Griggs presented the Staff report and exhibits and reported that
Staff does recommend approval of the requested CUP with the following conditions.
However, the current site plan is too dense and does not provide appropriate buffer for
surrounding areas. Staff is not in support of the current site plan and recommends that
the site plan be revised prior to the first reading of the ordinance:
1. The proposed CUP is compatible with the established residential and nonresidential
uses of the area. Self-storage facilities are often able to successfully utilize remainder
tracts that are deemed less desirable by other retail, office or service uses, and act as a
transitional buffer between the commercial and residential uses.
2.The applicant is not seeking any variances to the design requirements specified
in the UDC, and proposes a 25-foot green space between the proposed building
and the adjacent multi–family residential use. Site features such as a masonry
wall and landscaping will further screen the proposed use from the apartments.
3. In 2006, the subject property was granted a CUP for self-storage, but that CUP is
now expired. Conditions in the area have not changed significantly since the
previous CUP was approved, and the proposed use is still deemed appropriate.
If the use is acceptable then staff recommends that a revised site plan addressing the
following comments be submitted prior to the first reading of the ordinance.
1. Provide a 15-foot front wide landscaped strip along Westminster Street with
enhanced landscaping (additional shrubs and ornamental trees). Provide a
combination of trees and shrubs along the east and west property lines in a 6-
foot wide landscaping strip. Provide a combination of trees and shrubs along the
northern property line with a minimum15-foot wide landscaped strip for a more
effective buffer.
2. Resolve all conflicts between utility easements, drainage easements, and
proposed landscaping and show these easements on the site plan.
David Ledoux, applicant Representative, 1111 Woodhorn, Houston, TX 77062, and Stefan
Knielins with Greenspace Holdings LLC., 513 Mavinels Dr., Kemah, TX 77565, were in
favor of the requested CUP and site plan.
No Staff Wrap Up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None present.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Greg Hill asked the applicant Representative what would be the plans for
the drainage. Mr. Knielins replied that a detention system would be placed to drain roof
and drives into storm sewer. A discussion ensued with Councilmember Trent Perez and
Mr. Knielins regarding the underground bedding as a low impact development and how
the system would determine the rate of discharge. Mr. Perez did not feel comfortable with
the unreliable system. Mr. Perez asked if a second means of egress would be triggered by
the Fire Marshall due to the building being three stories in height. Mr. Knielins informed
that three means of egress were showing on the site plan. Mr. Perez would be in favor of
5
JPH MINUTES –NOVEMBER 21, 2016
the request as long as all conditions requested were met. No comments from the P&Z
Commission.
Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit
Application No. CUP 16-00011 @ 7:29 p.m.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 16-
00016 @ 7:29 p.m.
P&Z Vice - Chairperson Thomas Duncan read into record the request for Zone Change
Application No. Zone 16-00016.
Zone Change Application No. Zone 16-00016
A request of the City of Pearland, for proposed amendments to all Planned
Developments and Planned Unit Developments within the City of Pearland to
require approval of a Conditional Use Permit for auto related uses, Gas Stations,
Pawn Shops, Payday Loan Centers, Gold Exchanges, Rehab Facilities, Halfway
House, Boarding Homes, Asphalt/Concrete Plants, Liquor/Package Stores,
Cigars, Tobacco or E-Cigarettes Shops and Vaping Lounges.
Community Development Director Lata Krishnarao read the Staff Report and stated that
zero comment forms were received. Staff recommends approval of this amendment to all
of the fifty Planned Developments for the following reasons:
1. This amendment brings the land use charts within PD documents in line with
today’s currently amended UDC and apply the same regulations to those areas
as the rest of the city.
2. This amendment expands the ability of the City to allow land uses which could
negatively affect surrounding areas which may include schools, residential
developments, and/or public institutions with appropriate measures to mitigate potential
negative impact.
No Staff Wrap Up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None present.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
No comments from City Council Members or the P&Z Commission.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 16-
00016 @ 7:38 p.m.
6
JPH MINUTES –NOVEMBER 21, 2016
These minutes are respectfully submitted by:
_____________________________
Alma Gonzales, Office Assistant
Minutes approved as submitted on this 30th day of January 2017 A.D.
_________________________________
Mayor Tom Reid
7
JPH MINUTES –NOVEMBER 21, 2016