2017-05-15 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
MONDAY MAY 15, 2017 AT 6:30 P.M., IN THE COUNCIL CHAMBERS - CITY HALL -
3519 LIBERTY DRIVE
CALL TO ORDER
Mayor Tom Reid opened a series of public hearings at 6:50 p.m.
The following were present:
Mayor Tom Reid
Council Member Tony Carbone
Council Member Gary Moore
Council Member David Little
Council Member Trent Perez
Council Member Derrick Reed
Also present were Deputy City
McBride, Senior Planner Martin
Assistant Alma Gonzales.
PURPOSE OF HEARING
P&Z Chairperson Daniel Tunstall
P&Z Vice -Chairperson Thomas Duncan
P&Z Commissioner David Selsky
P&Z Commissioner Mary Starr
P&Z Commissioner Ginger McFadden
Attorney Lawrence Provins, City Planner Jimontanae
Griggs, Associate Engineer Matt Brown and Office
Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
17-00006 @ 6:50 p.m.
Senior Planner Martin Griggs explained the format of the hearing and informed that two
items were removed for future consideration.
P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit
Application No. CUP 17-00006
Conditional Use Permit Application No. CUP 17-00006
A request of MSJ Business Group, LLC., represented by James Daniel, applicant, on behalf
of Shadow Creek Investors 1, LLC., owner, represented by David Sutton; for approval of a
Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the Planned Unit
Development (PUD) zoning district; on approximately 6.944 acres of land.
Legal Description: Being Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land
located in the T.C.R.R. Co. survey Section 4. Abstract No. 675, James Crawley Survey,
Abstract No. 174, and the W. W. Dupuy & L. F. Robert Survey, Abstract No. 726, Brazoria
County, Texas, more particularly being the residue of that certain called 40.8803 acre tract
conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number
2007005788, B.C.O.R., all of that certain called 7.376 acre that conveyed to GCCLE-
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Shadow Creek, L.P. by instrument of record under document number 2007005791,
B.C.O.R., and all of that certain called 11.429 acre tract conveyed to Kroger Texas L.P. by
"Correction Special Warranty Deed" by instrument of record under document number
2007025822, B.C.O.R., also being all of Reserve "A" of the C&S sphalt Sealing Company
Subdivision, a subdivision of record in Volume 24, Page 24 of
,
the Brazoria County Plat Records (B.C.P.R.), said 49.279 acres.
General Location: 11041 Shadow Creek Parkway, Pearland, TX.
APPLICATION INFORMATION AND CASE SUMMARY:
Senior Planner Martin Griggs presented the staff report, exhibits and reported that Staff
recommends approval of the requested CUP for a Liquor/Package Store on the
approximately 6.944 acre site for the following reasons:
1. The parcel is surrounded by other commercially zoned properties.
2. The proposed use is a retail use of similar size and intensity to the surround retail
and commercial uses and therefore compatible.
3. The location is not at an entrance to residential neighborhoods.
4. The location in an established shopping center mitigates the potential for negative
aesthetics or activity that might accompany this type of retail use.
5. The applicant has not proposed any modifications to the suite such as bars over the
windows or additional light which would negatively affect the surrounding
businesses.
If the CUP is considered for approval, staff recommends the following conditions:
1. Bars over or behind the windows would be prohibited.
2. Neon and LED strip lighting around the doors or windows would be prohibited
'
The applicant, Princy James, 2401 Shore brook Dr., Pearland TX 77581, gave a brief
presentation and was available for comments or questions.
No Staff Wrap Up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST:
None
COUNCIUPLANNING COMMISSION/STAFF DISCUSSION:
Councilmember Derrick Reed asked the applicant if they would be conforming to the no
bars and neon lights around doors and windows. Applicant was in agreement.
Councilmember Trent Perez asked Staff if the UDC amendments would be finalized before
CUP request would be approved. Senior Planner Martin Griggs informed that the UDC
would be finalized due to the CUP process.
No P&Z Commission discussion.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No.
CUP 17-00006 @ 6:57 p.m.
'
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Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17-
00005 @ 6:57 p.m.
' P8Z Chairperson Daniel Tunstall read into record the request for Zone Change Application
No. Zone 17-00005
PURPOSE OF HEARING
Zone Change Application No. ZONE 17-00005
A request of Richard Skotak, applicant, on behalf of Larry Darcey, owner; for approval of a
change in zoning from the Multiple -Family (MF) zoning to a General Business (GB) zoning
district; on approximately 0.698 acres of land.
Legal Description: 30,403 square feet of land, located in the H.T. & B. RR. Company
Survey, Abstract 242, in Brazoria County, Texas, being out of a called 1.000 acre tract save
and except tract out of a called 1.5 acre tract (surveyed as 1.9859 acre tract) conveyed to
Jose De Jesus Mata, recorded in Brazoria County Clerk's File Number (B.C.C.F. No.) 98-
016186.
General Location: 7501 Fite Road, Pearland, TX.
APPLICATION INFORMATION AND CASE SUMMARY:
Senior Planner Martin Griggs presented the staff report, exhibits and reported that two comment notices
were received. Staff does not recommend approval of the requested change in zoning from
MF to GB on the approximately 0.698 acre site for the following reasons:
1. The site is surrounded by residential uses and the zone change to GB will permit a
number of non-residential uses that could have a negative impact on the
surrounding area. Zoning this site as GB without any commercial context in the
direct vicinity could constitute spot zoning.
2. The site is currently developed with a single family home that is appropriate only for
residential use and is surrounded by residentially zoned properties.
3. The site is not larger enough to convert this single family home into a commercial
site. For example, with 4,623 square feet of structure, 23 parking spaces space will
be required to be constructed to city standards for size, driving lanes, and concrete.
4. The proposed use is not in conformance with the future land use designation of the
Comprehensive Plan. The future land use designation for the site is High Density
Residential and the proposed change in zoning to GB does not promote the type of
development appropriate for this designation.
5. Fite Road is not built to handle commercial traffic.
The applicant and representative for owner, Richard Skotak, 3010 Ravensport, Pearland,
TX 77584, gave a presentation which included exhibits and photos of said property and
informed he was available for comments and questions.
City Planner Jai McBride informed that the parking did not comply with the current UDC and
resident zoning.
1PH MINUTES — MAY 15, 2017
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST:
Larry Darcy, owner of the property, 7034 Robin Meadow, Pearland TX 77581, gave a brief ,
explanation of the future intent of the property and was available for comments and
inquiries. Jan Briggs, Dr. Maxwell's representative, 2734 Sunrise Blvd., #208, Pearland TX
77584, commented on the use of the property. Dr. Rebecca Maxwell, 3626 Mira Glen Dr.,
Pearland TX 77584 and Rodney Alvarez, 3604 Pine Chase Dr., Pearland TX 77581, were
both in favor of proposal.
COUNCILIPLANNING COMMISSION/STAFF DISCUSSION:
Councilmember Trent Perez made a comment that the property was difficult to make a zone
change without creating a spot zone and which use would be the best fit. Councilmember
Gary Moore inquired to Staff what could be done to make a fit use without creating a spot
zone and suggested the applicant work with Staff to make a solution. Deputy City Attorney
Lawrence Province explained the possibilities of changing land use zone, zoning categories
and buffer as an option. Councilmember Derrick Reed made a comment on conforming to
the zone change. Councilmember Tony Carbone comments were to possibly make the
change with a CUP/office professional and would like to have legal and Staff work with the
applicant to come to a right conclusion.
P&Z Commissioner David Selsky had concerns regarding the future use of the property if
the zone change was approved for GB but thinks the professional office option may be a
good possibility. P&Z Chairperson Daniel Tunstall clarified to the Council on the applicant's
reference to speaking with P&Z Commission on the comments but it was actually the P&Z ,
Staff and was opposed to the proposed request due to the zoning.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17-
00005 @ 7:39 p.m.
Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17-
00007 @ 7:39 p.m.
P&Z Chairperson Daniel Tunstall read into record the request for Zone Change Application
No. Zone 17-00007
PURPOSE OF HEARING
Zone Change Application No. ZONE 17-00007
A request of request of Kevin Cole, applicant, on behalf of Anthony and Kimberly Giuliani,
owner; for approval of a change in zoning from Single -Family Residential -1 (R-1) to a
General Business (GB) zoning district; on approximately 9.6135 acres of land.
Legal Description: A tract or parcel of land containing 9.6135 acres of land (418,766
square feet), being out of and a part of Lot 76, George W. Jenkins Subdivision of the lower '
one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 79, Page 616 of the Office of the
County Clerk of Brazoria County.
1PH MINUTES -MAY 15, 2017
General Location: 3205 Dixie Faun Road, Pearland, TX.
' APPLICATION INFORMATION AND CASE SUMMARY:
Senior Planner Martin Griggs presented the staff report, exhibits and reported that 48
opposed comment fors were received. Staff does not recommend approval of this change
in zoning from Single -Family Residential -1 (R-1) to General Business (GB) zoning district
on the approximately 9.6135 acre site for the following reasons:
1. The site is currently developed with a single family home that is appropriate only for
residential use. The proposed change in zoning to GB would allow a commercial
entity to occupy the building which would be out of character for the major corridor
near a commercial hub with large box retail stores.
2. The applicant has no specific use for development of the site. If the site were
undeveloped staff would be more supportive to rezone the land or if a Planned Unit
Development was proposed that could ensure an appropriate use and buffering to
transition from the large box retail to the adjacent single family residential.
3. While the rezoning would be in conformance with the Future Land Use Plan, the
development potential for the site is out of scale with the surrounding properties.
The scale of this site compared to the adjacent properties is much larger which
would allow for large big box style development. The buffers required by the UDC
are not adequate at this scale to mitigate potential issues with height, noise, or
other nuisances.
' The applicant, Kevin Cole, 2800 E. Broadway #C228, Pearland TX 77581, gave a
presentation which included a copy of the response letter from Pat & Debbie Lopez
addressing some of their concerns. Mr. Cole was available for comments and questions.
No Staff Wrap Up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST:
Residents Pat Lopez, 3209 Dixie Farm Rd., Pearland TX 77581, explained the reason for
being opposed to the request and provided a list. Greg Nelson, 1617 Pine Crest Dr.,
Pearland TX 77581, had concerns with the use creating traffic flow issues. Owner of the
property, Tony Giuliani, 306 Green Oaks, Liverpool TX 77577, explained to Council and
Commissioners the approach they would like to take for the zone change consideration.
Resident Larry Marcott, 3606 Inverness Ct., Pearland TX 77581, was opposed to the
request due to concerns with the traffic impact a commercial development would bring.
COUNCIUPLANNING COMMISSION/STAFF DISCUSSION:
Councilmember Tony Carbone comments were regards to what other options could be
given to the applicant and owner to give them some certainly. Councilmember Derrick Reed
was opposed to the existing home staying on the property and the home become insightful
' and does not see the property staying residential. Councilmember Gary Moore commented
that he was unsure if the property should be GB but agreed that the property shouldn't be
residential. Mayor Tom Reid made a comment in regards to finding the right type of
development for challenging properties. Councilmember Trent Perez made a disclosure
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1PH MINUTES -MAY 15, 2017
that he had a development business relationship with the applicant's representative, but it
was not for this project. Mr. Perez is supportive of the GB zone change.
No P&Z Commission discussion ,
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17-
00007 @ 8:13 p.m.
Mayor Tom Reid opened the public hearing for Amendment to the Unified Development
Code (UDC) at 8:13 p.m.
P&Z Chairperson Daniel Tunstall read into record the Amendment to the Unified
Development Code (UDC).
PURPOSE OF HEARING
Amendements to the Unified Development Code (UDC)
A request of the City of Pearland, for proposed amendments to the Unified Development
Code, Ordinance No. 2000T-25.
APPLICATION INFORMATION AND CASE SUMMARY:
City Planner Jai McBride presented the staff report and reported these set of amendments
include:
1. Changes to the Land Use Matrix to allow uses such as martial arts studio, dance '
and drama studio, tutoring centers, and learning centers by right in Office
Professional (OP) zones).
2. Changes to the Land Use Matrix to allow breweries, micro distilleries, and micro
wineries to park food trucks in their parking lots.
3. Prohibit lighting along edges of windows, doors and other openings.
4. Prohibit bars/metal grills on outer facades on windows, doors, and other openings.
No applicant presentation
No Staff Wrap Up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST:
Resident Buck Stevens, 4701 W. Orange, Pearland TX 77581, was supportive of the no
lighting and no bars/grills on windows, doors and openings. Richard Skotak, 3010
Ravensport, Peariand TX 77584 was supportive of the food truck proposal and commented
on the addition of yoga facilities be allowed in office professional zones.
COUNCILIPLANNING COMMISSION/STAFF DISCUSSION:
Mayor Tom Reid made a comment regarding keeping the quality of life in the City of ,
Pearland: Councilmember Trent Perez inquired on the food truck provisions and limitations.
Councilmember David Little agreed on most of the proposed changes and had an inquiry
on the one acre per truck allowance. City Planner Jai McBride gave an explanation of the
JPH MINUTES- MAY 15, 2017
parking reference. Councilmember Gary Moore informed that an establishment would have
to have one acre to allow up to three trucks to park. Mr. Moore added on that he would like
to see the time to get a permit and inspection of a food truck change. Councilmember
' Derrick Reed made a comment that he would like to see the process of doing business in
the City of Pearland easier. Councilmember Tony Carbone commented on the window
lighting and a discussion ensued regarding the food truck parking. President, PEDC Matt
Buchanan explained the amendment and the future CUP process. Councilmembers Trent
Perez, Tony Carbone and Gary Moore ensued a discussion on clarifying the parking and
inspections of food trucks.
P&Z Chairperson Daniel Tunstall was in favor of the lighting changes and inquired on the
installation of the existing lightening on windows were in code or not. Mr. Tunstall is in favor
for allowing businesses to bring in food trucks.
City Planner Jai McBride clarified that the food truck change would apply to breweries only
at this time.
Mayor Tom Reid adjourned the public hearing for the Amendment to the Unified
Development Code (UDC) @ 8:41 p.m.
These minutes are respectfully submitted by:
2&?)wV v
Alma Gonz I s, 0%& Assistant
Minutes approved as submitted on this 121h day of June, 2017 A.D.
Mayor Tom Reid
JPH MINUTES -MAY 15, 2017