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2013-04-15 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES1 1 1 MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY OF PEARLAND, TEXAS, HELD APRIL 15, 2013, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Mayor Tom Reid and P&Z Chairperson Henry Fuertes called the public hearing to order at 7:12 p.m. with the following present: Mayor Tom Reid Mayor Pro Tem Susan Sherrouse Council Member Woody Owens Council Member Keith Ordeneaux Council Member Greg Hill Council Member Scott Sherman P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Linda Cowles P&Z Commissioner Mary Starr P&Z Commissioner Neil West P&Z Commissioner Matthew Hanks P&Z Commissioner Ginger McFadden P&Z Commissioner Daniel Tunstall Also in attendance: City Attorney Darrin Coker, Assistant City Manager Mike Hodge, Assistant City Manager Jon Branson, City Manager Bill Eisen, City Planner Harold Ellis, Director of Community Development Lata Krishnarao, and Community Development Office Coordinator Judy Brown. City Planner Harold Ellis 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. 2013-02 at 7:16 p.m. NEW BUSINESS CONDITIONAL USE PERMIT NO. 2013-02 At the request of Esteban V. Rodriguez, applicant for Condor Auto Care Center, LLC., owner, for approval of a Conditional Use Permit to allow for Minor Auto Repair in the General Business (GB) zone, on property located at 7929 Broadway, more specifically described property, to wit: Legal Description: Plat of survey of a 0.6984 acre tract being a part of lot "A" of Westgate Park a subdivision of 9.575 acres of land out of lots 47 and 48 of the Allison Richey Gulf Coast Home Company Subdivision of Section 19 of the H. T. & B. Railroad Company survey, Abstract 243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 16, page 320, of the plat records of Brazoria County, Texas General Location: 7929 Broadway St., Pearland, TX JPH Minutes April 15, 2013 Page 1 of 5 P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record. City Planner Harold Ellis read the staff report stating staff recommends approval of the CUP with the condition that the repair bays shall not be permitted to open up to or face onto Broadway St. Staff received one public comment form in favor. Mr. Esteban Rodriquez, applicant, 20100 Birch, Pearland, Texas explained how the time expired on the previously approved Conditional Use Permit and a new CUP was being sought. No one was present to speak for or against the Conditional Use Permit. Council Member Scott Sherman inquired if the applicant was working with TX DOT and if this was part of the delay. Mr. Estaban replied the delay was with the architect. P&Z Chairperson Henry Fuertes inquired if the CUP was different than previously granted. City Planner Harold EIIis stated it was not. Mr. Fuertes asked if the architect was aware of the current UDC updates, and Mr. EIIis stated he was. Council Member Scott Sherman asked if we waived the $250 application fee and Mr. EIIis stated no because the re -submittal was after the expiration, and this was the same policy that was practiced with other applicants. Council Member Scott Sherman commented that this should be looked into. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2013-02 at 7:25 p.m. Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP 2013- 03 at 7:25 p.m. CONDITIONAL USE PERMIT NO. CUP 2013-03 A request of Lyle Henkel, Terra Associates, applicant for HEB Grocery Co, LP — Todd Piland, 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 northwest corner of Broadway and Pearland Pkwy., more specifically described property: Legal Description: Being a tract containing 22.7711 acres of land situated in the Thomas J, Green Survey, abstract Number 198, Brazoria County, Texas, and being out of and a portion of the called 118.755 acre tract as described in the deed to Marion E. Sattegest, et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed Records, Brazoria County, Texas. JPH Minutes April 15, 2013 Page 2 of 5 1 1 1 1 1 1 General Location: Northwest corner of Broadway (FM 518) and Pearland Parkway. City Planner Harold Ellis read the staff report stating the applicant was seeking an auto wash - self service at the HEB gas station site. Staff recommended approval with the condition that the auto wash bays not open up to or face onto Pearland Parkway. Mr. Lyle Hinkle spoke briefly on behalf of the applicant and commended Mr. Ellis' presentation. There was no one present to speak for or against the Conditional Use Permit. Council Member Greg Hill lightened the mood by asking Mr. Hinkle if HEB could begin building tomorrow as everyone seems to be asking this question. Mr. Hinkle stated the plans should be coming in the next few weeks with the hope to break ground around July 2013 and opening around February 2014. There was brief discussion with regards to traffic on Pearland Parkway, and another car wash that had looked at the site near the Firestone on Broadway. Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. 2013-03 at 7:39 p.m. Mayor Tom Reid opened a public hearing for Zone Change No. 2013-06Z at 7:39 p.m. ZONE CHANGE APPLICATION NO. 2013-06Z A request of Richard Gonzalez applicant and owner, for approval of a zone change from the Single Family R-2 zone to the Neighborhood Services (NS) zone on the following described property, to wit: Legal Description: Being a .460 acre tract of land out of the H.T. & B. R.R Company Survey, section 11, abstract 239, City of Pearland, Brazoria County, Texas. General Location: 4608 Walnut St. City Planner Harold Ellis read the staff report stating the applicant was seeking to convert the single family residential home to a small coffee shop and office space. Staff recommended approval. Ms. Jennifer Torres spoke briefly on behalf of the applicant, Mr. Richard Gonzalez. Roger & Sylvia Bazan of 4801 Silsby Drive, Pearland, Texas expressed concern with large lights shining into their backyard. They also expressed concern with the rezoning and other homes following suit, thus affecting their backyard and quality of life. Council Member Greg Hill stated 4606 Walnut just bought a home with the intent to convert into a law firm, and that a bail bonds, automotive and another law firm were down the street. Council Member Keith Ordeneaux inquired what the future traffic concerns on Walnut were. Assistant City Manager Mike Hodge stated they would continue to work east. JPH Minutes April 15, 2013 Page 3 of 5 Council Member Greg Hill spoke of the concern with the lighting and how the ordinance prohibits coffee shops being a nuisance. City Planner Harold Ellis spoke on buffering of fence or opaque shrubs. Council Member Scott Sherman inquired about the zoning and City Planner Harold Ellis stated that from the aerial view it does not appear more residential, but staff is receiving more calls to rezone other homes on Walnut from Single Family to General Business. Council Member Scott Sherman directed a question to the Fire Marshal with regards o the occupancy limit. Roland Garcia stated 15-20 people would be allowed for a 1200 s.f. area. Director of Community Development Lata Krishnarao stated that Neighborhood Services (NS) is the least restrictive zone and addresses outdoor storage, outdoor noise, and buffering. Mayor Pro Tem Susan Sherrouse asked the applicant to explain to the neighbors what her intent was and how their concerns were being addressed. The applicant spoke briefly of their intent to have a small coffee shop with wi-fi, probably not open past 9:00 p.m. and a few tables on the back patio. Discussion continued with regards to parking requirements, landscaping, buffering, fire suppression, ADA requirements and the noise level. Council Member Scott Sherman pointed out that Neighborhood Services (NS) does not allow outdoor activity and asked if the applicant was aware of this, and suggested they meet with staff to discuss further. Mayor Tom Reid adjourned the public hearing for Zone Change No. 2013-06Z at 8:08 p.m. Mayor Tom Reid opened the public hearing for Zone Change No. 2013-07Z at 8:08 p.m. ZONE CHANGE APPLICATION NO. 2013-07Z A request of Christy Smidt (Kerry G. Gilbert & Assoc.), applicant and Beeman E. Strong (for the Settegast Family), owner, for approval of a zone change from the Planned Development (PD) zone to the Planned Development (PD) zone for 31.3165 acres, to wit: Legal Description: Being a 30.7935 acre (1,341,365 square foot) tract of land situated in the Thomas J. Green Survey, Abstract Number 198 in Brazoria County, Texas, and being out of and a part of the called 118.775 acre tract of land described in deed to Marion E. Settegast, et al as recorded in Volume 1421, Page 25 of the Brazoria County Deed Records, said 31.3165 acre tract of land. General Location: Approximately 700' North of Broadway on Pearland Pkwy City Planner Harold Ellis read the staff report stating the applicant was proposing a shopping center. Staff recommended approval with the condition that all outstanding staff comments be fully addressed and incorporated into the Planned Development document prior to final approval. 1 1 1 JPH Minutes April 15, 2013 Page 4 of 5 1 1 1 Mr. Kerry Gilbert of Kerry Gilbert & Associates, 23501 Cinco Ranch Blvd., Katy, TX stated they met with staff and this helped a lot. They felt they are 99.9% where they need to be in order to move forward. There was no one present to speak for or against the zone change. Mayor Pro Tem Susan Sherrouse stated it looked like an attractive PD with good intent and that codifying it will be the challenge. Council Member Woody Owens discussed the curb cuts on Pearland Parkway and the traffic. Assistant City Engineer Richard Mancilla stated staff was reviewing the Traffic Impact Analysis and looking at existing cuts and aligning with those, such as Lowes, Province Village Drive. There will be a common road from this site to HEB. Mr. Mancilla also stated that the drawing tonight is conceptual and the TIA is being reviewed. Council Member Scott Sherman thanked the applicant. Council Member Greg Hill inquired about sidewalks and stated he appreciated this not being a strip center. P&Z Chairperson Henry Fuertes questioned the acreage discrepancy from 30.7 acres to 31 acres, and Kerry Gilbert stated he would check into this. Mayor Tom Reid adjourned the public hearing at 8:32 p.m. ADJOURNMENT Mayor Tom Reid adjourned the series of Public Hearing at 8:32 p.m. These minutes are respectfully submitted by: Judy Bjwn, Couhity Development Office Coordinator Minutes approved as submitted and/or corrected on this 10th day of June, A.D. MayIJYn/ om Reid JPH Minutes April 15, 2013 Page 5 of 5