2017-11-20 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING MINUTESMINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 20, 2017, AT 6:30 P.M. IN THE
TRAINING ROOM, PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, PEARLAND,
TEXAS.
Mayor Pro -Tem Reed called the meeting to order at 7:33 p.m. with the following present:
Mayor Pro -Tem
Derrick Reed
P&Z Commissioner
David Selskey
Councilmember
Tony Carbone
P&Z Commissioner
Mary Start
Councilmember
Gary Moore
P&Z Commissioner
Thomas Duncan
Councilmember
Keith Ordeneaux
P&Z Commissioner
Troy Pradia
Councilmember
J. David Little
P&Z Commissioner
Derrell Isenberg
Councilmember
Trent Perez
P&Z Commissioner
Daniel Tunstall
Councilmember
Woody Owens
City Manager
Clay Pearson
Deputy City Attorney
Lawrence Provins
Deputy City Secretary
Maria E. Rodriguez
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of Pearland
Economic Development Corporation; Trent Epperson Assistant City Manager; John McDonald
Director of Community Development; Robert Upton City Engineer.
Call to Order
New Business:
Conditional Use Permit Application No. CUP 17-00021
A request of James S. Walker Architects represented by Robert Pope, applicant, on behalf of
CarTex Automotive Repair represented by Trinh Le, owner; for approval of a Conditional Use
Permit (CUP) to allow for an Auto Repair Major and Minor located in the Old Townsite — General
Business (OT -GB) zoning district; on approximately 0.3228 acres of land.
Legal Description:
Being a 0.3228 acres of land being lots 40 through 44, in Block 4 of Pearland Townsite, a
subdivision in Harris County, Texas, according to the plat or map thereof recorded in Volume 29,
Page 41, of the Map Records of Brazoria County, Texas.
General Location:
2214 Main St., Pearland, TX.
Application Information and Case Summary:
Staff Report:
Planner Armon Irones reported on the requested Conditional Use Permit (CUP) to allow for an
Auto Repair Major and Minor. He further staled Staff recommends approval of the CUP allowing
for an Auto Repair Major and Minor.
Applicant Presentation:
Applicant Robert Pope presented a presentation regarding the requested Conditional Use Permit
(CUP) to allow for an Auto Repair Major and Minor.
Page 1 of 8 —11/20/2017
Persons Wishing To Speak For or Against the Proposed Request: None. I Council/Planning Commissions/Staff Discussion:
Councilmember Ordeneaux stated he does not have a problem with it, but he does see a 20 foot
alley behind it. These alleys are all throughout the Townsite if there is no use for them he would
like to get rid of them by giving half to each property owner.
Councilmember Moore stated his question to staff is whether or not the trees and the shrubbery
have been looked. He does not want the property owner to not have enough trees or shrubbery
down the line.
Discussion ensued Councilmember Moore and City Planner Armon Irones regarding the concrete,
trees and shrubbery, the predevelopment meetings the business has gone through.
Deputy City Attorney Lawrence Provins stated there may be conflicts with the site plan with the
Unified Development Code requirements since these are resolutions and permits and because
the comment was made earlier that Council does not want the general clause that you have to
comply with the UDC. When a permit is approved it can lead the person getting the permit to
believe that it has been approved as drafted with the letter of intent. Discussion ensued regarding
the incorporation of the site plan.
Deputy City Attorney Lawrence Provins stated the Unified Development Code is the controlling
document, and the Conditional Use Permit cannot override the Unified Development Code
requirements. Since there is a purposed resolution it may reflect the approval with certain
conditions such if a site plan is being incorporated. The permit would be approved as long as it
complies with the Unified Development Code.
City Council New Business:
Council Action — Resolution No. R2017-CUP17-00021 — A Resolution of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for an Auto Repair
(Major and Minor) in the Old Townsite —General Business (OT -GB) zoning district, being a 0.3228
acres of land being lots 40 through 44, in Block 4 of Pearland Townsite, a subdivision in Hams
County, Texas, according to the plat or map thereof recorded in Volume 29, Page 41, of the Map
Records of Brazona County, Texas. (Located at 2214 Main Street, Pearland, TX.) Conditional
Use Permit Application No CUP 17-00021, within the Old Townsite — General Business (OT -GB)
zoning district, at the request of James S. Walker Architects represented by Robert Pope,
applicant, on behalf of CarTex Automotive Repair represented by Trinh Le, 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-CUP17-00021.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to amend '
Resolution No. R2017-CUP17-00021 by removing the site plan from the Unified Development
Code (UDC) document.
Mayor Pro -Tem Reed called for the vote to amend the motion.
Page 2 of 8 —1120/2017
' Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Owens and Perez.
Voting "No" None.
Motion Passed 7 to 0.
Planning and Zoning Commission:
Commissioner Tunstall stated in the past when there was not a site plan there has been issues
regarding what was shown to Council that was going to be built verses what was actually built.
He would like to leave the site plan in the Resolution.
City Council:
Councilmember Ordeneaux stated he does not look at architectural drawings because it is by the
Unified Development Code. Some may think a building is pretty and some may think it is ugly. It
is in the eye of the beholder.
Mayor Pro -Tem Reed stated he agrees with having a site plan because the builder will build what
they are showing Council.
Mayor Pro -Tem Reed called for the vote on the amended motion.
' Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Perez, Owens and Carbone.
Voting "No" None.
Motion Passed 7 to 0
New Business No. 2
Conditional Use Permit Application No. CUP 17-00022
A request of Raymond Zhuo, applicant, on behalf of Houston Chinese Church, owner; for approval
of a Conditional Use Permit (CUP) to allow for a Church, Temple, or Place of Worship located in
the Single -Family Residential -1 (R-1) zoning district; on approximately 5.000 acres of land.
Legal Description:
Being 5.000 acres out of the G.T. & B.R.R. Company Survey, A-304, Brazoria County, Texas,
Steven C. Muth to Houston Chinese Church dated July 5, 2017, Document No 2007039242 O.R.
Brazoria County, Texas.
General Location:
2515 Miller Ranch Road, Pearland, TX.
Application Information and Case Summary
' Staff Report:
Planning Technician Samin Bazargan reported on the requested Conditional Use Permit (CUP)
to allow for a Church, Temple, or Place of Worship.
Page 3 of 8 —11 /20/2017
Applicant Presentation:
Applicant Andy Chanh presented a presentation on the requested Conditional Use Permit (CUP).
Persons Wishing to Speak For or Against the Proposed Request:
Don Jordon addressed Planning & Zoning Commissioners and Councilmembers stating his
property is adjacent to this property and he is in favor of the request. He had questions regarding
the height of the church, entrance and exit locations, sidewalks and the days of the week of church
services.
Dawn Payne-Cubbage addressed Planning & Zoning Commissioners and Councilmembers
stating as the Peadand Lakes Homeowners Association President she is against the Conditional
Use Permit (CUP) to allow for a church because of the traffic it will create.
Planning and Zoning Commission:
Commissioner Duncan staled his concerns regarding traffic with the location of one of the
entrances, the traffic on FM 518 and Miller Ranch Road.
Commissioner Tunstall stated if there is a fence around the detention pond and path in the sub-
division currently he does not see an issue.
City Council:
Discussion ensued between Councilmember Carbone and Planner Armon Irones regarding .
sidewalks.
Councilmember Ordeneaux stated what he sees a lot of times is vacant land and residents
wanting it to stay vacant, realistically that is not an option. He further stated a church in that area
is a good use.
Deputy City Attorney Lawrence Provins stated this resolution incorporates a site plan and Staffs
recommendation is that it not include the site plan because it does not conform to the Unified
Development Code (UDC) as currently drafted.
Staff Wrap Up:
Planner Armon Irones stated to clarify the master plan did not have the buffers, but phase one of
the site plan does have the buffer. That is why the master plan is not where it should be.
Deputy City Attorney Lawrence Provins stated a condition of the Permit could be that this site
plan be attached and locked in as long as that site plan complies with the Unified Development
Code (UDC) that would be controlling. If the site plan did not comply with the UDC, even by
resolution Council locked it in the applicant would still have to comply with the UDC and not the
Conditional Use Permit (CUP).
City Council New Business:
Council Action — Resolution No. R2017 -CUP 17 — 00022 — A Resolution of the City Council of '
the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a Church,
Temple, or Place of Worship in the Single -Family Residential -1 (R-1) zoning district, being 5.000
acres out of the G.T. & B.R.R. Company Survey, A-304, Brazoria County, Texas, Steven C. Muth
Page 4 of 8 — 11/20/2017
' to Houston Chinese Church dated July 5, 2017, Document No 2007039242 O.R. Brazoria County,
Texas. (Located at 2515 Miller Ranch Road, Pearland, TX.) Conditional Use Permit Application
No CUP 17-00022, within the Single -Family Residential -1 (R-1) zoning district, at the request of
Raymond Zhuo, applicant, on behalf of Houston Chinese Church, owner, containing a savings
clause, a severability clause, and an effective date and other provisions related to the subject.
Councilmember Moore made the motion, seconded by Councilmember Carbone to approve
Resolution No. R2017 -CUP 17-00022.
Voting "Aye" Councilmembers Reed, Ordeneaux, Little, Perez, Owens, Carbone and Moore.
Voting "No" None.
Motion Passed 7 to 0.
New Business No. 3
Conditional Use Permit Application No. CUP 17-00023
A request of Anchor Commercial Builders represented by Robert Ortiz, applicant, on behalf of
Roade Properties LTD. Represented by Rafael Ortega, owner; for approval of a Conditional Use
Permit (CUP) to allow for a Food Store/Supermarket located in the Light Industrial (M-1) zoning
district; on approximately 1.99294 acres of land.
Legal Description:
' All of the 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 Main Street, Pearland, TX.
Application Information and Case Summary:
Staff Report:
Planner Armon Irones reported on the requested Conditional Use Permit (CUP) to allow for a
Food Store/Supermarket. Staff does not recommend approval of the CUP to allow for a Food
Store/Supermarket at this location.
Applicant Presentation:
Applicant Robert Ortiz presented a presentation on the requested Conditional Use Permit (CUP).
Persons Wishing To Speak For or Against the Proposed Request: None.
Planning and Zoning Commission:
' Commissioner Starr stated she does not think a grocery store belongs in that area.
Commissioner Tunstall slated he agrees, they have looked at this several times and a grocery
store does not belong in that location.
Page 5 of 8 —11/20/2017
City Council:
Councilmember Owens stated he does not see a problem with putting a grocery store in that fG.�i7
location.
Councilmember Perez stated he is comfortable with a grocery store at that location.
Councilmember Ordeneaux stated what changed his mind regarding this request is when he
looked at the other uses this area and the fact that it is landlocked a grocery store would work in
this location. He further stated when going south something like this would not work because
there are larger land pieces and potential that can be invested in.
Councilmember Moore stated in the beginning he was against this, but looking at the other uses
in this area he does not have a problem with the grocery store. He further stated he agrees with
Councilmember Ordeneaux regarding going south he does not want to see it change.
Councilmember Carbone stated the surrounding areas has not changed from the first two times
Council voted this down. Planning and Zoning is consistent. Several Councilmembers are going
to vote the other way and he does not get it.
Councilmember Ordeneaux stated he is going to vote for it because when he looked to see who
owned the other two properties he does not see them going anywhere in the fife span of the
grocery store.
Staff Wrap Up: None. ,
City Council New Business:
Council Action — Resolution No. R2017 -CUP 17-00023 — A Resolution of the City Council of
the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a Food
Store/Supermarket in the Light Industrial (M-1) zoning district, All of the 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 Maint Street). (Located at 3200 Main Street, Pearland, TX.)
Conditional Use Permit Application No CUP 17-00023, within the Light Industrial (M-1) zoning
district, at the request of Anchor Commercial Builders represented by Robert Ortiz, applicant, on
behalf of Roade Properties LTD. Represented by Rafael Ortega, owner, containing a savings
clause, a severability clause, and an effective date and other provisions related to the subject.
Councilmember Ordeneaux made the motion, seconded by Councilmember Little to approve
Resolution No. R2017 -CUP 17-00023.
Councilmember Perez made the motion, seconded by Councilmember Ordeneaux to amend
Resolution No. R2017 -CUP 17-00023 to remove the site plan from the resolution. '
Mayor Pro -Tem Reed called for the vote on the amended motion.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone, Moore and Reed.
Page 6 of 8 —11/20/2017
' Voting "No' None.
Motion Passed 7 to 0.
Mayor Pro -Tem Reed called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Little, Perez, Owens, Moore, and Ordeneaux.
Voting "No" Councilmembers Carbone and Reed.
Motion Passed 5 to 2.
Presentation:
Water & Wastewater Impact Fee Update Presentation.
Freese and Nichols Representative Richard Weatherly, P.E. presented a Presentation on the
Water & Wastewater Impact Fee Update.
Discussion ensued between Councilmember Little and Freese and Nichols Representative
Richard Weatherly regarding charging future Extraterritorial Jurisdiction (ETJ) areas impact fees.
Freese and Nichols Representative Richard Weatherly stated the City collects Water and
Wastewater Impact Fees for all new development. Impact Fees are governed by Chapter 395 of
the Texas Local Government Code and may only be imposed for and spent on capital
improvement costs "necessitated by and attributable to" projected new development within a
defined area and specifically identified in the local Capital Improvement Program (CIP). The
impact fee will cover the City's Extraterritorial Jurisdiction (ETJ) in its entirety. There is minimal
effect on the impact fee but it allows the City to maintain the ability to charge impact fees for those
areas that may receive service in the future.
Councilmember Ordeneaux stated he would like to see both numbers, including the area and
inclusion of the area even if it is nominal.
Councilmember Perez stated excluding or including the Extraterritorial Jurisdiction (ETJ) is not
going to change the rale of the impact fees. The rates are based on the Capital Improvement
Program (CIP) not based on a service area.
Discussion ensued between Councilmember Ordeneaux and Assistant City Manager Trent
Epperson regarding the estimated number of connections is part of the equation in calculating the
rates.
Discussion ensued between Councilmember Owens and Assistant City Manager Trent Epperson
regarding if an individual home is built and ties into city utilities they will pay impact fees if it is in
the city limits.
Page 7 of 8 — 11/20/2017
Adjournment:
Meeting was adjourned at 8:56 p.m.
Minutes approved as submitted and/or corrected this the 9' day of April, A.D., 2018.
--�ww
Tom Reid
Mayor
'vlI",
C
�.
ATTEST:
p nnm
Mara E. Rodriguez
Deputy City Secretary
Page 8 of 8 — 11/20/2017