2016-10-17 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES' MINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON
OCTOBER 17, 2016 AT 6:40 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519
LIBERTY DRIVE.
CALL TO ORDER
Mayor Tom Reid opened a series of public hearings at 6:40 p.m.
The following were present:
Mayor Tom Reid
Council Member Tony Carbone
Council Member Greg Hill
Council Member Keith Ordeneaux
Council Member Derrick Reed
Council Member Gary Moore
Council Member Trent Perez
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner Ginger McFadden
P&Z Commissioner Mary Starr
P&Z Commissioner David Selsky
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 Assistant Alma Gonzales
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
16-00007 @ 6:40 p.m.
P&Z Chairperson Daniel Tunstall read the request for Conditional Use Permit Application
No. CUP 16-00007,
Conditional Use Permit Application No. CUP 16-00007
P
A request of Leslie K Padilla, for Sovereign Grace Church of Pearland, applicant, on behalf
of Pearland Westside II Associates, LP, owner; for approval of a Conditional Use Permit to
allow for a church in the Neighborhood Services (NS) zoning district; on approximately
0.846 acres of land.
Legal Description: A certain 218.00 by 169.00 tract of land out of a tract "A" of the West
Side Plaza adjoining McLean Road on the East and Walnut Street (F.M. 518) on the north,
said tract containing 0.846 acre, more or less.
General Location: 5004 Broadway Street, Pearland, TX.
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JPH MINUTES -OCTOBER 17, 2016
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs presented the exhibits and reported that one e-mail and one '
phone call was received opposing the request. Staff recommends approval for the following
reasons:
The site was previously used for a Goodwill. While this CUP is for a change of use, the
intensity of the use will be less than the previous use. The proposed use will likely not cause
a traffic problem for the Pearland Westside, the surrounding shopping center, as the uses
are occupied at different times. The shopping center has a history with churches. Two
CUP's were approved in 2009 for churches on the main shopping center lot. Currently there
are no other religious uses within the center. The proposed use is in conformance with the
FLOP, zoning district, and surrounding properties.
The Applicant, Leslie Padilla, 5233 Magnolia St., Pearland TX., gave a brief presentation
and was available for questions or comments.
No Staff wrap up.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
David Shindo, 3706 Summer Cove Ct., Friendswood, TX- In favor of the proposed request.
Gerald Kimani, 9103 Devoncroft Dr., Houston, TX - In favor of the proposed request. '
Darrel Seetiel, 5404 Tara Oaks Ct., Rosharon, TX - In favor of the proposed request.
Anthony Miller, 5206 Playa Dr., Pearland, TX - In favor of the proposed request.
Ronny Hecht, 4808 Gibson 3rtl. floor, Houston, TX - In opposition to the proposed request.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Mayor Tom Reid inquired on the distance requirements for alcohol sales. City Attorney
Darrin Coker explained the requirements to Council. Councilmember Trent Perez and
Councilmember Keith Ordeneaux inquired about the buildings ownership and Mr. Perez
had concerns regarding parking. Councilmember Greg Hill's concerns would be the traffic
impact but didn't feel that existing businesses near the said property would be effected by
the proposed church. Councilmember Gary Moore did not feel the 300 foot distance
requirement would be an issue. Councilmember Derrick Reed did not have an issue and is
in favor of the request. Councilmember Tony Carbone requested that the required distance
for alcohol sales be included in the 1st reading.
No comments from the P&Z Commission.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No.
CUP 16-00007 @ 7:21 p.m.
PURPOSE OF HEARING
Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
16-00008 @ 7:21 p.m.
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1PH MINUTES -OCTOBER 17, 2016
P&Z Chairperson Daniel Tunstall read the request for Conditional Use Permit Application
No. CUP 16-00008.
Conditional Use Permit Application No. CUP 16-00008
A request of Jose Urioste, applicant, on behalf of Rafael Ortega, owner; for approval of a
Conditional Use Permit to allow for a grocery store and general retail in the Light Industrial
(M-1) zoning district; on approximately 1.99294 acres of land.
Legal Description: All of that certain 1.99294 acre tract or parcel of land in the A.C.H. &
B. Survey, Section 1, Abstract No. 147 in Brazoria County, Texas, being a portion of the
North one-half of tract 123 of the subdivision of the A.C.H. & B. Survey, Section 1
according to the plat of same recorded in Volume 2, Page 1 of the Plat Records of Brazoria
County, Texas, said tract being that portion of the north one-half of Tract 123 lying West of
State Highway No. 35 (a.k.a Main Street)
General Location: 3200 block of Main Street, south of Swensen Road, on the west side
of Main Street.
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs presented the Staff report and exhibits and reported that
Staff does not recommend approval for the following reasons:
' The site is located in a non -retail area along one of the primary corridors of the City where
the west side of the road is industrially zoned and the east is zoned for commercial.
Development of this site for industrial purposes would better complement the other industrial
and commercial development in the area in the Light Industry (M-1) zoning classification.
The City has limited industrial zoned land which should be utilized for industrial
developments. It is not anticipated that the proposed use of a grocery store and general
retail uses will have significant positive impacts on or benefit surrounding properties or
developments, or add value to the area. This type of development should be located in a
retail node where there is density to support a grocery store use. The Future Land Use Plan
FLUP designates this property as "Light Industrial' which is described as suitable for
manufacturing, assembly, high-tech industries,etc. The Comprehensive Plan recommends
for industrial uses on this sites because it is sufficiently separated from residential uses.
The proposed grocery store and general retail use, is not in conformance with the
Comprehensive Plan. Drawings do not meet conformance with the minimum standards of
the Corridor Overlay District (COD) or Unified Development Code (UDC). The proposed
site plan does not show required interior landscaping, architectural elevations, or screening
details for the parking area and refuse enclosure.
If the CUP is considered for approval, staff recommends the following conditions:
Meet all minimum requirements of the COD and UDC. Provide a landscaped area against
all parking spaces along the north property line at a minimum of six -feet (6) in width.
Drawings provided with the CUP do not meet the UDC requirements. Revise the site plan
to show conformance with required interior landscaping, architectural elevations, and
screening details for the parking area, refuse enclosure, and drainage facility. Provide an
JPH MINUTES -OCTOBER 17, 2016
elevation of the facade to show compliance with the Corridor Overlay District color palette
requirements prior to the first reading of the ordinance. '
The Applicant was not available.
No Staff Wrap Up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Larry Marcott, 3606 Inverness Ct., Pearland, TX — In opposition to the proposed request.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Tony Carbone commented on the time frame of the purchase of the
property. Councilmembers Derrick Reed, Greg Hill and Trent Perez were disappointed that
the Applicant did not attend the meeting. Councilmember Gary Moore had zone change
concerns. Councilmember Keith Ordeneaux commented on the Applicants lack of research
before the purchase of the said property and the absence of the Applicant.
No comments from the P&Z Commission.
Mayor Tom Reid adjourned the public hearing process for Conditional Use Permit
Application No. CUP 16-00008 @ 7:39 p.m. '
PURPOSE OF HEARING
Zone Change Application No. ZONE 16-00013 - POSTPONED
A request of Edberto and Made Martinez, applicant, on behalf of Jeremy Murphy, Access
Church, owner; for approval of a change in zoning from Single -Family Residential -1 (R-1)
and Office & Professional (OP) to a General Business (GB) zoning district; on approximately
2.0424 acres of land.
Legal Description: Being a 1.9001 acres of land situated in lots 1 and 2 block 3, Skyway
Manor Subdivision, being a subdivision of 68.24 acres out of the west half of the northwest
'/. of Section 15 H.T.&B.R.R. Co. survey, abstract 241, Brazoria County, Texas; and Tract
II, being a 0.1423 portion of lot 1, in block 3, of Skyway Manor Subdivision, being
asubdivision of 68.24 acres out of the west half of the northwest '% of section 15,
H.T.&B.R.R. Co. survey, abstract 241, Brazoria County, Texas, according to the recorded
map or plat thereof in volume 7, page 67 of the plat records of Brazoria County, Texas
General Location: 7030 W Broadway Street, Pearland, TX
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1PH MINUTES -OCTOBER 17, 2016
These minutes are respectfully submitted by:
Alma gonialbs, Office Assistant
Minutes approved as submitted on this 20th day of March. A.D., 2017.
r�Yyr
Mayor om Reid
JPH MINUTES -OCTOBER 17, 2016
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