The URL can be used to link to this page

Home My WebLink About2016-10-17 JPH PLANNING AND ZONING COMMISSION 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 P&Z Chairperson Daniel Tunstall Council Member Tony Carbone P&Z Vice-Chairperson Thomas Duncan Council Member Greg Hill P&Z Commissioner Ginger McFadden Council Member Keith Ordeneaux P&Z Commissioner Mary Starr Council Member Derrick Reed P&Z Commissioner David Selsky Council Member Gary Moore P&Z Commissioner Derrell Isenberg Council Member Trent Perez 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 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. 1 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 FLUP, 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 rd Ronny Hecht, 4808 Gibson 3. 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 st distance for alcohol sales be included in the 1 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 2 JPH MINUTES – OCTOBER 17, 2016 16-00008 @ 7:21 p.m. 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 3 JPH MINUTES – OCTOBER 17, 2016 elevations, and screening details for the parking area, refuse enclosure, and drainage facility. Provide an elevation of the façade 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 Eriberto and Maria 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 ¼ 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 ¼ 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 4 JPH MINUTES – OCTOBER 17, 2016 These minutes are respectfully submitted by: _____________________________ Alma Gonzales, Office Assistant St Minutes approved as submitted on this 21. day of November 2016 A.D. _________________________________ Mayor Tom Reid 5 JPH MINUTES – OCTOBER 17, 2016