2014-08-18 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON
AUGUST 18, 2014, AT 7:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL - 3519
LIBERTY DRIVE
CALL TO ORDER
Mayor Tom Reid and P&Z Chairperson Henry Fuertes opened a series of public hearings
for the City Council and P&Z Commission at 7:35 p.m.
In attendance were:
Mayor Tom Reid
Mayor Pro Tem Greg Hill
Council Member Tony Carbone
Council Member Gary Moore
P&Z Chairperson Henry Fuertes
P&Z Vice Chairperson Daniel Tunstall
P&Z Member Elizabeth McLane
P&Z Member Derrick Reed
P&Z Member Linda Cowles
P&Z Member Mary Starr
P&Z Member Ginger McFadden
Also in attendance were City Planner Johnna Matthews, Senior Planner Ian Clowes,
City Attorney Darrin Coker, Assistant City Manager Jon Branson, City Manager Clay
Pearson and Office Assistant Jennifer Tatum.
City Planner Johnna Matthews read the public hearing process.
Mayor Tom Reid opened the public hearing for Zone Change No. 2014-12Z at 7:38 p.m.
Zone Change Application No. 2014-12Z
A request of Brian Allen with Baks Brewery, applicant; on behalf of George Gartner,
owner; for approval of a change in zoning from General Commercial (GC) to a non-
residential Planned Development known as Baks Brewery; on approximately 2.94 acres
of land, to wit:
Legal Description: Being a 2.939 acre tract out of Lots 20, 21 and 22 of the George W.
Jenkins Subdivision, in Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 2, Page 20, of the Brazoria County, Texas Plat Records
General Location: Northeast corner of Broadway Street and Shauntel Street, Pearland,
TX
P&Z Chairperson Henry Fuertes read the purpose of the hearing into the record.
City Planner Johnna Matthews read the staff report stating the applicant was seeking a
zone change from General Commercial (GC), to a non-residential PD, with a base zoning
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Minutes of the Joint Public Hearing
and overlay zoning district of GC, with the addition, of the proposed use; for the following
reasons:
1. The property is located within the General Commercial (GC) and within the
Corridor Overlay District (COD). The applicant proposes to conform to the
standards of both. Improvements will be made to the existing building, which will
be an enhancement to the neighborhood and will create an enhanced aesthetic
appeal. These improvements include facade upgrades to the existing metal
building, which will be covered with stucco; over 49% of landscaped/open green
space will not be altered and provides a natural buffer between the brewery and
the single family subdivision to the North. Improvements will be made to the
existing decorative fencing, which encompasses the entire property with the
exception of the open green area. Baks Brewery will provide at least two (2)
separate bicycle facilities; a new sprinkler system; installation of sidewalks; and
removal and replacement of dead and diseased trees and shrubs.
City Planner Johnna Matthews stated staff recommended approval.
APPLICATION INFORMATION AND CASE SUMMARY
Applicant Brian Allen spoke on behalf of Bak's Brewery stating they would provide
tastings at the location, as well as distribute the beer that they brew. Mr. Allen talked in
regards to the design and set up of the facility, and addressed the 30 foot buffer. Mr. Allen
stated that he would provide a 150 foot buffer and put up a fence along the side of the
property that will face the daycare. Mr. Allen also stated that he was working with FFA at
Pearland High School and providing them left over brewed malt for feed for the student's
animals. It was also stated that Mr. Allen and his business partner planned on being at
the location for a long while and had no intentions of moving.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Mr. James Dykas of 12501 Broadway #8107 Pearland TX 77584 spoke in favor for the
zone change with no further explanation.
Mr. Clarence Henderson of 2725 Shauntel Pearland TX 77581 spoke in opposition with
concerns regarding traffic, noise, and security. He stated that this zone change would not
benefit his family and if passed he would move.
Mr. Bechir Achour of 2730 Leroy St Pearland TX 77581 spoke in favor of the zone change.
He stated that it would be an income generator, bring in more tax money and would be
beneficial to the City. He developed 888 Restaurant and will develop more projects to
benefit Pearland. He has been a resident of Pearland for 15 years.
Ms. Sarah Allen of 2008 Isla Dr. Pearland TX 77581 spoke in favor of the zone change in
regards to having a local home-grown business being run by fellow residents.
Ms. Christina Ehntholt of 2012 Isla Dr. Pearland TX 77581 spoke in favor of the zone
change with no further explanation.
Ms. Lois Mauldin of 1302 Jack St Pearland TX 77581 spoke in opposition of the zone
change in regards to there already being enough alcohol businesses in the area.
Ms. Melvinette Olalde of 1304 Jack St Pearland TX 77581 spoke in opposition of the zone
change in regards to security issues and things getting out of control with alcohol being
served.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Council Member Greg Hill stated that local business is crucial and that a lot of residents
are tired of the chains. Mr. Hill inquired about seating in the front and back of the property.
The applicant Brian Allen stated that there would not be seating in the back out of respect
for the daycare. Mr. Hill stated that he did not think safety was an issue and that he was
in favor of this zone change.
Council Member Gary Moore stated that this location was a great distance from the
daycare and inquired about the hours of operation. Mr. Allen stated 3 p.m. to 9 p.m. but
that was not set yet. Mr. Allen also stated that all events will be held inside the facility.
Council Member Gary Moore inquired about TABC laws and limits as well as the noise
level. Mr. Allen stated that all employees will be TABC certified, and with regards to the
noise level, stated that he would only have one truck coming in and out twice a week. Mr.
Moore stated he was in favor of the zone change.
Council Member Tony Carbone stated that with this sites current zoning, a bar/beer joint
could go in tomorrow and that he was in favor of the zone change.
P&Z Chairperson Henry Fuertes inquired if the creek was part of the 49%
landscaped/open green area. Mr. Allen replied yes.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2014-12Z at 8:20p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2014-13Z at 8:21 p.m.
Zone Change Application No. 2014-13Z
A request of Alysia Gordon and Teir Allender, applicants; on behalf of Michael
Lebovitz, Executive Vice President of Development and Administration for Pearland
Town Center, LP, owner; for approval of a change in zoning to amend the sign
regulations contained within the Pearland Town Center PUD; on approximately 142.97
acres of land, to wit:
Legal Description: 142.9664 acres of land out of Pearland Town Center, a subdivision
of 143.6500 acres as recorded under File Number 2007008914 of the Plat Records
of Brazoria County, Texas, and situated in the H.T. & B.R.R. Company Survey,
Abstract 300, Section 81, Brazoria County, Texas
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Minutes of the Joint Public Hearing
General Location: South Side of Broadway Street, east and west of Kirby Drive, and
west of Business Center Drive, Pearland, Texas
P&Z Chairperson Fuertes read the purpose of the hearing into the record.
City Planner Johnna Matthews read the staff report stating the applicant proposes to
amend Section VXII, signage; of the Pearland Town Center Planned Unit Development
(PUD). Ms. Matthews stated staff recommended approval with the following conditions:
1. The applicant proposes that all off -premise wall advertising signs are approved
by the owner. City approval, other than the normal permitting process will no
longer be required. Staff recommends City approval once, through the
permitting process for all new frames, to ensure public safety and structural
integrity of new frames. Please clearly indicate this in the PD document.
2. Staff requests that Exhibit 8-2 is updated to reflect changes proposed
regarding advertising on the main tower (J) and the two (2) lower towers
(Hand C).
3. Staff requests a red -line and an addendum to be added to the master PD
document for the Pearland Town Center.
4. There is a discrepancy regarding the total square footage on Exhibit 8-2, with
the removal of Sign G.
APPLICATION INFORMATION AND CASE SUMMARY
City Planner Johnna Matthews read the staff report and stated staff recommended
approval.
Applicants Teir Allender and Alysia Gordon stated the signs in question were from the
beginning of the Pearland Town Center. Teir Allender stated that they were not able to
work with future stores, hospitals, etc. with the current sign regulations.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Wade Abbott of 11215 Harris Ave Pearland TX 77584 spoke in opposition of the zone
change in regards to the signs being visible from public roads. Mr. Abbott also stated
that there is not enforcement at the Pearland Town Center when it comes to noise
levels as well.
Mr. Larry Marcott of 3606 Inverness Ct Pearland TX 77581 spoke in opposition of the
zone change in regards to there not being a need for any more signs. Mr. Marcott
stated he would like to see the zoning left as it is.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Council Member Tony Carbone inquired if this amendment would change the height or
lighting of the signs. Mr. Carbone also stated that he felt too much time and money was
being used on this issue. Teir Allender stated that only the creative content would change
on the signs.
Council Member Gary Moore inquired about the signs being lit. The applicant stated that
the signs would not light up.
Council Member Greg Hill wanted to know if a suggested sign would look like the photo
on page 3. The applicant stated yes, that they would look just like what was on page 3.
P&Z Chairperson henry Fuertes inquired about whom with the city approved signage for
Pearland Town Center. City Planner Johnna Matthews stated that the design review was
done by staff.
ADJOURNMENT
Mayor Tom Reid adjourned the series of public hearings at 8:52 p.m.
These minutes are respectfully sub fitted by: ) -
Jennifer\ -Tatum, Community Development Office Assistant
Minutes approved as submitted and/or corrected on this 2211 day of September, 2014
.A
Mayor Tom Reid
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Minutes of the Joint Public Hearing