2017-11-06 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING MINUTES' MINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 6, 2017, AT 6:30 P.M. IN THE
TRAINING ROOM, PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY,
PEARLAND,TEXAS.
Mayor Reid called the meeting to order at 6:56 p.m. with the following present:
Mayor Tom Reid P&Z Commissioner David Selskey
Mayor Pro -Tem Derrick Reed P&Z Commissioner Mary Starr
Councilmember Tony Carbone P&Z Commissioner Thomas Duncan
Councilmember Gary Moore P&Z Commissioner Troy Pradia
Councilmember Keith Ordeneaux P&Z Commissioner Derrell Isenberg
Councilmember J. David Little P&Z Commissioner Daniel Tunstall
Councilmember Trent Perez
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Young Lorfing
Others in attendance: Jon Branson Deputy City Manager; Jimontanae McBride City
Planner; Robert Upton City Engineer; Joel Hardy Interim Management Assistant;
Lawrence Provins Deputy City Attorney.
' City Attorney Darrin Coker stated this is a new process Council recently adopted to
the Unified Development Code (UDC) in respect to how Conditional Use Permits (CUP)
are considered. This evening there will be a call to order for the City Council and Planning
& Zoning Commission, roll call, and the new business will be approached. There will
be information presented through a staff report. The applicant will be allowed to
present information and citizens allowed to speak for or against. Council and the
Commission will have discussion. The Commission members will speak first and then
Councilmembers. At the very end there will be another new business item. That new
Business item is where a Councilmember will make a motion and second for
consideration of the CUP and a formal vote will be taken by Council.
Call to Order
New Business:
Conditional Use Permit Application No. CUP 17-00019
A request of Rimes 5D Studio represented by David W. Rimes, applicant, on behalf of
Pearland Carwash Services, LLC represented by Ahmed H. Jafferally, owner; for
approval of a Conditional Use Permit (CUP) to allow for a car wash to be located in the
Planned Development (PD) zoning district; on approximately 1.6035 acres of land.
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Legal Description: '
Being a 1.6035 acre or 69,855.05 Square feet of land being all of Lot 1, Block 1 of Rapist
of Tract A of the amending plat of Stonebridge Section 1 recorded in Clerk's File No.
2008053526 of the Brazoria County Plat Records in the D.H.M. Hunter Survey, Abstract
No. 76, Brazoria County, Texas.
General Location:
1840 Pearland Parkway, Pearland, TX.
Application Information and Case Summary:
Staff Report:
Planning & Zoning Commissioner Daniel Tunstall reported on the requested Conditional
Use Permit (CUP) to allow for a car wash.
Planner Armon Irones reported on the requested Conditional Use Permit (CUP) to allow
for a car wash. Staff recommends against approval of the requested CUP for an auto car
wash on the approximately 1.6035 acre site.
Applicant Presentation:
Representative Ahmed Jafferally provided an overview of the plans for the car wash and '
the request for approval of a Conditional Use Permit to allow for the car wash.
Persons wishing to speak for or against the Proposed Request:
Dennis Borman, 1850 Pearland Parkway, addressed Council and Commissioners stating
his concerns against allowing the car wash.
Joseph Sebesta, 2315 Commerce Street, addressed Council and Commissioners stating
his concerns against allowing the car wash.
Council/Planning Commissions/Staff Discussion:
P&Z Commissioner Duncan stated his concern regarding the Daycare with children if a
car wash is allowed in that location.
P&Z Commissioner Isenberg stated his concerns of the location of the car wash with a
Daycare in the same area and the carwash noise.
P&Z Commissioner Starr stated her concerns regarding the location for the car wash.
P&Z Commissioner Selsky stated his concerns regarding the location and the closeness
to residential.
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' Discussion ensued between PB,Z Commissioner Pradia and City Attorney Darrin Coker
regarding this would not be grandfathered in because the permit had expired.
P&Z Commissioner Tunstall stated his concerns regarding the area is not a good location
for a car wash.
Councilmember Owens stated his concerns regarding the traffic if a carwash is in that
location.
Councilmember Perez stated Council has received a lot of input regarding automotive
businesses on Pearland Parkway. He further stated this is not a good location for a
carwash.
Councilmember Ordeneaux stated he voted against the limitations. He does not want
someone to tell him what to do on his property, therefore he cannot tell someone else
what to do on their property. He stated he struggles with this.
Councilmember Moore stated his concerns regarding the traffic and lighting of a carwash
in that location.
Discussion ensued between Councilmember Carbone and Planner Armon Irones
regarding the opposition the City received regarding the carwash.
' New Business:
Council Action — Resolution No. R2017-CUP17-00019 — A Resolution of the City
Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow
for an auto wash (self-service) in the Planned Development (PD) zoning district, being a
1.6035 acre or 69,855.05 square feet of land being all of Lot 1, Block 1 of Rapist of Tract
A of the amending plat of Stonebridge Section 1 recorded in Clerk's File No. 2008053526
of the Brazoria County Plat Records in the D.H.M. Hunter Survey, Abstract No. 76,
Brazoria County, Texas. (Located at 1840 Pearland Parkway, Pearland, TX.) Conditional
Use Permit Application No CUP 17-00019, within the Planned Development (PD) zoning
district, at the request of Rimes 5D Studio represented by David W. Rimes, applicant, on
behalf of Pearland Canvash Services, LLC represented by Ahmed H. Jafferally, owner,
containing a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-CUP17-00019.
Voting "Aye" Councilmembers Ordeneaux and Little.
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Voting "No" Councilmembers Carbone, Moore, Reed, Perez and Owens.
Motion Failed 5 to 2.
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Adjournment: '
Meeting was adjourned at 7:56 p.m.
Minutes approved as submitted and/or corrected this the 111" day of December, A.D.,
2017.
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Tom Reid
Mayor
ATTEST:
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