CITY OF ANGLETON, TEXAS PUBLIC NOTICE OF A PLANNING & ZONING COMMISSION MEETING THURSDAY, MAY 3, 2018 @ 12:00 P.M. 120 S. CHENANGO STREET ANGLETON, TEXAS 77515 Notice is hereby given pursuant to V.T.C.A., Government Code, Chapter 551, that the Planning & Zoning Commission for City of Angleton will conduct a meeting, open to the public, on Thursday, May 3, 2018, at 12:00 p.m., at the City of Angleton Council Chambers located at 120 S. Chenango Street, Angleton, Texas 77515. AGENDA 1. Declaration of a quorum and call to order. PUBLIC HEARINGS 2. A public hearing regarding the rezoning of a 15.49-acre tract located east of SH 288, between FM 523 and West Henderson Road from Agricultural (AG) to Commercial-General (C-G) to allow the construction of a TXDOT maintenance facility. (Randy Anderson, Assistant City Manager) 3. A public hearing regarding a request to allow a Specific Use Permit to allow a Tattoo Studio at 1027 South Velasco Street. ACTION ITEMS 4. Discussion and possible action regarding the rezoning of a 15.49-acre tract located east of SH 288, between FM 523 and West Henderson Road from Agricultural (AG) to Commercial-General (C-G) to allow the construction of a TXDOT maintenance facility. (Randy Anderson, Assistant City Manager) 1
5. Discussion on possible action regarding a request to allow a Specific Use Permit to allow a Tattoo Studio at 1027 South Velasco Street. 6. Discussion and possible action regarding the approval of Planning and Zoning Commission Minutes from the April 5, 2018 Commission meeting. (Dana Alsobrook, City Secretary) 7. Adjourn. In compliance with the Americans with Disabilities Act, the City of Angleton will provide for reasonable accommodations for persons attending Planning & Zoning Commission meetings. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Scott L. Albert, City Manager, at 979-849-4364, extension 2112. CERTIFICATION I certify that copies of this agenda of items to be considered by the City of Angleton Planning & Zoning Commission were posted in the following locations: City Hall Bulletin Board: Date: Time: City of Angleton Website: Date: Time: Dana Alsobrook, City Secretary 2
PLANNING AND ZONING COMMISSION AGENDA ITEM Meeting Date: May 3, 2018 Public Hearing to discuss the rezoning of a 15.490-acre tract located at 18671 FM 523 from Agricultural (AG) to Commercial- General (C-G). Consent item Discussion item Discussion and possible action x Public Hearing REQUESTED BY: Texas Department of Transportation (TXDOT) BCAD PROPERTY ID: 534048 EXECUTIVE SUMMARY: Location: The site is vacant and is located on the south side of FM 523, with frontage also on Henderson Road. Surrounding Uses: A single-family residence is located and Angleton Drainage District improvements are located east of the site. A single-family residence and vacant acreage is south of the site across Henderson Road. All of the properties west and north of the site are undeveloped acreage. Proposed Use: TXDOT is in the process of constructing a Regional Maintenance Facility. Comprehensive Plan: The proposed zoning is consistent with the Comprehensive Plan and is also consistent with the zoning east, west, and north of the site. The proposed zoning would also be consistent with generally accepted planning principles with FM 523 being a TXDOT system highway and Henderson Road a major arterial street. Public Hearings: The Commission will conduct a Public Hearing on May 3, 2018. The City Council will conduct a public hearing on May 8, 2018. At the writing of this report, staff has not received feedback in favor or opposition to the request. P&Z Action: The Commission will conduct a Public Hearing. Randy Anderson, Assistant City Manager May 3, 2018 Name Date
PLANNING AND ZONING COMMISSION AGENDA ITEM Meeting Date: May 3, 2018 Public Hearing to discuss a Specific Use Permit to allow a Tattoo Studio at 1027 South Velasco Street on a property zoned Light Industrial (LI). Consent item Discussion item Discussion and possible action x Public Hearing REQUESTED BY: Jose Munoz BCAD PROPERTY ID: 253595 EXECUTIVE SUMMARY: Location: The site is located near the northeast corner of the intersection of Cemetery Road and South Velasco Street. Surrounding Uses: Commercial uses surround the subject site. An apartment complex is located a relatively short distance to the east but does not adjoin the location were the proposed use would be conducted. Proposed Use: The applicant proposes a Tattoo Studio at this location. Public Hearings: Attached with this report is a Brazoria County Appraisal District map showing the extent of the subject property and the property owners who were entitled to notice, and who received notice. The Commission and City Council will conduct Public Hearings on May 3, 2018 and May 8, 2018, respectively. At the time of the writing of this report, staff had not received letters, calls, or comments in support or opposition to this request. P&Z Action: The Commission will conduct a Public Hearing. Randy Anderson, Assistant City Manager May 3, 2018 Name Date
PLANNING AND ZONING COMMISSION AGENDA ITEM Meeting Date: May 3, 2018 Discussion and action to rezone a 15.490-acre tract located at 18671 FM 523 from Agricultural (AG) to Commercial- General (C-G). Consent item Discussion item x Discussion and possible action Public Hearing REQUESTED BY: Texas Department of Transportation (TXDOT) BCAD PROPERTY ID: 534048 EXECUTIVE SUMMARY: Location: The site is vacant and is located on the south side of FM 523, with frontage also on Henderson Road. Surrounding Uses: A single-family residence is located and Angleton Drainage District improvements are located east of the site. A single-family residence and vacant acreage is south of the site across Henderson Road. All of the properties west and north of the site are undeveloped acreage. Proposed Use: TXDOT is in the process of constructing a Regional Maintenance Facility. Comprehensive Plan: The proposed zoning is consistent with the Comprehensive Plan and is also consistent with the zoning east, west, and north of the site. The proposed zoning would also be consistent with generally accepted planning principles with FM 523 being a TXDOT system highway and Henderson Road a major arterial street. Public Hearings: The Commission will conduct a Public Hearing on May 3, 2018. The City Council will conduct a public hearing on May8, 2018. At the writing of this report, staff has not received feedback in favor or opposition to the request. Considerations: The subject property was annexed into the City on March 27, 2018. Upon annexation, the site was zoned Agricultural (AG) until the permanent zoning of the site is established, in accordance with the Zoning Ordinance. This request, if approved, would assign the permanent zoning of the property. Staff Recommendation: Staff recommends approval of the requested rezoning to Commercial- General (C-G). P&Z Action: The Commission will discuss and may take action on the item. Randy Anderson, Assistant City Manager May 3, 2018 Name Date
Surrounding Zoning (Subject Site Shaded Yellow * ) * Properties shown as white are located in the ETJ and are not zoned
Notification Map/Property Owners *Map Note Properties shaded purple are in the City Limits. Unshaded properties are in the ETJ Owner to the North Property ID: 544033 KENNETH JAY GALAZNIK ET AL 15123 WINDSDOWNE LN CYPRESS, TX 77429-2380 Owner to the West Property ID: 171418 KALEDA PROPERTIES LLC 3523 CORAL SPRINGS DRIVE MANVEL, TX 77578-4880 Owner to the Northeast Property ID: 503527 PAUL O'FARRELL PO BOX 1639 ANGLETON, TX 77516-1639 NOTES: 1. Most of the property immediately east is owned by Angleton Drainage District. 2. Most of the property to the east is outside of the City and is not entitled to notice. 3. All of the property to the south is outside of the City and is not entitled to notice.
PLANNING AND ZONING COMMISSION AGENDA ITEM Meeting Date: May 3, 2018 Discussion and action to consider a Specific Use Permit to allow a Tattoo Studio at 1027 South Velasco Street on a property zoned Light Industrial (LI). Consent item Discussion item x Discussion and possible action Public Hearing REQUESTED BY: Jose Munoz BCAD PROPERTY ID: 253595 EXECUTIVE SUMMARY: Location: The site is located near the northeast corner of the intersection of Cemetery Road and South Velasco Street. Surrounding Uses: Commercial uses surround the subject site. An apartment complex is located a relatively short distance to the east but does not adjoin the location were the proposed use would be conducted. Proposed Use: The applicant proposes a Tattoo Studio at this location. Public Hearings: Attached with this report is a Brazoria County Appraisal District map showing the extent of the subject property and the property owners who were entitled to notice, and who received notice. The Commission and City Council will conduct Public Hearings on May 3, 2018 and May 8, 2018, respectively. At the time of the writing of this report, staff had not received letters, calls, or comments in support or opposition to this request. Considerations: Like other uses that require an SUP, the purpose of the SUP is assess the proposed use in the context of the surrounding properties. In this instance, the proposed use is surrounded by other commercial uses. Since tattoo studios are subject to State licensing, a tattoo parlor may be compatible with the surrounding uses if it operates in accordance with all applicable laws. A time restriction is not necessary because the use is tied to the ability of the applicant to obtain and maintain a license from the State of Texas. Staff Recommendation: Staff recommends approval subject to the following conditions that were derived from applicable state laws that can be inspected by the City: 1. The following state and federal regulations governing a tattoo facility are incorporated by reference; a. Texas Health and Safety Code
Chapter 146: Tattoo and Certain Body Piercing Studios Chapter 431: Texas Food, Drug, and Cosmetic Act b. Texas Administrative Code (TAC), Title 25 229.261: Assessment of Administrative or Civil Penalties 229.401 413: Minimum Standards for Licensure of Tattoo and Certain Body Piercing Studios c. Code of Federal Regulations (CFR), Title 29 Part 1910.1030: Bloodborne Pathogens: Occupational Safety and Health Standards 2. The granting of the SUP to allow a tattoo studio shall be limited to the applicant and remain in full force and effect for as long as the applicant operates at this location and complies with all licensing and permitting requirements of the State of Texas. Should the operator s license be revoked or not renewed, the SUP shall immediately be terminated. 3. If the Texas Department of State Health Services refuses to issue a license or revokes or suspends the license for any violation of applicable requirements of the State and Federal laws cited above or for any reason described in the Tattoo and Certain Body Piercing Studio Act, or in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431, the grant of the SUP shall automatically be terminated. 4. A license issued by the Texas Department of State Health Services to operate the facility as a Tattoo Studio shall be obtained for all services available at the studio and shall be posted in clear public view. 5. The Tattoo Studio shall comply with the following operational requirements: a. The studio must be in a permanent, non-dwelling building, or portion of such a building. The studio shall be separated from living quarters by complete floor to ceiling partitioning and shall contain no access to living quarters; b. The studio shall be maintained in a sanitary condition with work surfaces cleaned and sanitized with a germicide solution and all other environmental surfaces cleaned with an allpurpose detergent disinfectant; c. The walls, ceilings, and floors shall be kept in good repair, with tattoo areas constructed of smooth, hard, surfaces that are non-porous, free of open holes or cracks, and easily cleaned; d. Studios shall have adequate lighting of at least 50-foot candles of illumination in the tattooing and sterilization areas; e. Adequate mechanical ventilation shall be provided in the studio; f. The studio shall be equipped with hand-washing facilities for its personnel with unobstructed access to the tattoo area such that artists can return to the area without having to touch anything with cleaned hands, equipped with hot and cold or tempered running water under pressure; liquid germicidal soap; single-use towels or other approved hand-drying devices; a covered refuse container; all of which shall be kept clean and in good repair; g. Animals are not permitted in the studios except for guide or service animals accompanying persons with disabilities, or non-mammalian animals in enclosed glass containers such as fish aquariums, which shall be outside the tattooing, and sterilization area; h. Use of tobacco products shall be prohibited in the tattoo and sterilization area. i. The consumption of alcoholic beverages shall be prohibited in the studio; j. The studio shall be kept free of rodents and vermin and protected from infestation by insects; k. If tattooing is performed where other non-tattooing services are provided, it shall be provided in an area that is physically separate, and with protection from other activities to avoid the transfer of disease-causing microorganisms or other irritant particles into to the artist's workstation or sterilization area;
m. Sharps shall be subjected to the methods of treatment and disposal as described in Chapter 1, Subchapter K, 1.136 of Title 25 of the Texas Administrative Code (TAC) relating to Approved Methods of Treatment and Disposition, and Title 30, Texas Administrative Code, Chapter 330, Subchapter Y; and n. Other studio waste generated during the tattooing process, i.e., cotton balls, cotton tip applicators, corks, toothpicks, tissues, paper towels, gloves, single use plastic covering, and pigment containers (not to be construed as all-inclusive) shall be disposed of in accordance with Chapter 1, Subchapter K, 1.136(a)(2) of Title 25 of the TAC or Title 30, TAC, Chapter 330, as applicable. P&Z Action: The Commission will discuss and may make a recommendation to City Council on the item. Randy Anderson, Assistant City Manager May 3, 2018 Name Date NOTIFICATION MAP (Subject Site Highlighted)
Legal Notice Mailing List North of SUP Property ID: 253596 and 253596 Property ID: 658643 Address: 1025 S. Velasco Street Address: 1025 S. Velasco Street (Dollar General) Mailing Address: Mailing Address: John R. and Lorenza G. Taylor Midbar Investment Company LLC 1035 S. Velasco Street P O Box 27193 Angleton, TX 77515-5249 Houston, TX 77227 East of SUP Property ID: 171029 Property ID: 171030 Mailing Address: Address: 105 Cemetery Road Charles Dixon Post 241 Mailing Address: American Legion E D D Investment Group LLC PO Box 547 1914 State Street Angleton, TX 77516 Houston, TX 77007-8334 South of SUP Property ID: 253584 Property ID: 253585 Street/Mailing Address: Address: 103 Cemetery Road God Bless, Inc. Mailing Address: 1039 S Velasco St. Teer Dennie Angleton, TX 77515 (DBA Angleton Mini Warehouses) 926 Plantation St. League City, TX 77573-2821 West of SUP Property ID: 253586 Property ID: 653409 Street/Mailing Address: Street/Mailing Address: HAYRE PARTNERS LIMITED Leslie A Bryson (DBA Angleton Lanes) 1034 S. Velasco St. 1040 S Velasco St. Angleton, TX 77515 Angleton, TX 77515 Property ID: 564825 Street Address: 1030 S. Velasco (Undeveloped) Mailing Address: Tran Hung 101 Rosewood St. Lake Jackson, TX 77566-4935
Property ID Location Map (Brazoria CAD):
Area Aerial View Location Aerial View -Dollar General to the North -Garcia s Wrecker Service to East -Texaco Gas Station and Angleton Mini Warehouse to the south -Angleton Lanes to the west across Velasco Street
Subject Site and North of Site from Velasco Street Subject Site and to the South From Velasco Street
Subject Site from Velasco Street Subject Site from Cemetery Road
Subject Site from the North
Minutes for 4/05/18 Planning and Zoning Commission Meeting CITY OF ANGLETON, TEXAS PUBLIC NOTICE OF A PLANNING & ZONING COMMISSION MEETING THURSDAY, APRIL 5, 2018 @ 12:00 P.M. 120 S. CHENANGO STREET ANGLETON, TEXAS 77515 1. Declaration of a quorum and call to order. All members, with the exception of Commissioners Stulberg and Townsend, who s absences were excused, were in attendance. ACTION ITEMS 2. Discussion and possible action regarding the rezoning of a 4.99-acre tract located immediately east of Henderson Road Apartments and north and west of Brushy Bayou, from SF-7.2 (Single-Family Residential) to MFR-29 (Multi- Family Residential). (Randy Anderson, Assistant City Manager) Randy Anderson provided an overview of the proposed rezoning as being consistent with the recommendations of the Comprehensive Plan and the zoning of the property to the immediate west. Also discussed were the landscape plan and line-of-sight plans submitted by the applicant to address citizen comments from the March 1, 2018 Public Hearing. The owner, Mohammad Hussain, commented on the request and presented a conceptual rendering of the proposed apartment units. Motion by Commissioner Munson to approve the rezoning to MFR-29; Second by Commissioner Bieri. Motion carries 5 for; 0 against. 1
3. Discussion and possible action regarding the approval of Planning and Zoning Commission Minutes from the March 1, 2018 Commission meeting. (Dana Alsobrook, City Secretary) Motion by Commissioner Munson to approve all of the proposed minutes as submitted; Second by Commissioner Bieri. Motion carries 5 for; 0 against. 4. Adjourn. Motion by Commissioner Bieri to approve the proposed minutes, subject to the correction pointed out by Commissioner Garwood; Second by Commissioner Gingrich. Motion carries 5 for; 0 against. CERTIFICATION Bill Garwood, Chairman Dana Alsobrook, City Secretary 2