2016-10-17 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.
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
Ronny Hecht, 4808 Gibson 3rd. 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.
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