2017-06-19 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESt MINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON
MONDAY JUNE 19, 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 6:49 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
Council Member Woody Owens
Council Member Keith Ordeneaux
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
P&Z Commissioner Derrell Isenberg
P&Z Commissioner Troy Pradia
' Also present were City Attorney Damn Coker, City Planner Jimontanae McBride, Senior
Planner Martin Griggs, Associate Planner Vince Hustead, Planner Arman Irons, Director
of Engineering Robert Upton, Associate Engineer Matt Brown and Office Assistant Alma
Gonzales.
Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17-
00009 @ 6:50 p.m.
Senior Planner Martin Griggs explained the format of the hearing and informed Council &
Commissioners that two items were removed for future consideration.
P&Z Chairperson Daniel Tunstall read into record the request for Zone Change Application
No. Zone 17-00009.
PURPOSE OF HEARING
Zone Change Application No. ZONE 17-00009
A request of UA Engineering, Inc., applicant, represented by Geoff Freeman, on behalf of
Pearland Office Center, LLC., owner, represented by Lonnie Gaienne; for approval of a
' change in zoning from Single -Family Residential -3 (R-3) to a Business Park District -288
(BP -288) zoning district; on approximately 37.44 acres of land.
Legal Description: Being a 37.44 acre tract of land located in the H.T.& B.R.R. Co. Survey,
Section 85, Abstract No. 304, in Brazoria County, Texas. Said 37.44 acres being Lots 17,
JPH MINUTES -JUNE 19, 2017
18, 19 and a portion of Lot 20 of the Allison -Richey Gulf Coast Home Company's Suburban
Garden Subdivision as shown on map recorded in Volume 2, Page 107 of the Brazoria
County Plat Records (B.C.P.R.). Said 37.44 acres being comprised of a call 10.0000 acre
tract of land (styled "Tract 2") recorded in the name of 4601 Holmes Road Corporation under '
Brazoria County Clerk's File (B.C.C.F.) No. 03-006630 and a portion of a call 37.429 acre
tract of land recorded in the name of Leonard Lee Cherry, at al, under B.C.C.F. Nos.
2008049177 and 2008049178.
General Location: 2006 Wooten Road, Pearland, TX
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs gave a presentation with exhibits. Staff recommends approval
of the requested change in zoning from R-3 & NS to BP -288 on the approximately 37.44
acre site for the following reasons:
1. The proposed change is in accordance with the Future Land Use Plan; however, any
commercial development or the proposed development at the site will require additional
infrastructure that is not present. The BP -288 zoning classification is intended to permit
large office complexes/campuses and retail development in locations with good visibility
and roadway access.
2. The use provided by the applicant is permitted by the proposed change in zoning and
appropriate in the area of the land to be reclassified. However, the total amount of buildings
on the applicants proposed site plan will require secondary access to be provided that is
not present. Staff has concern that there is potential, for this property to increase
commercial traffic into the Autumn Lakes subdivision. A portion of Wooten Road does not '
exist adjacent to the site and the existing portion is generally inadequate to handle the
additional commercial traffic or provide life safety access to the development. Wooten Road
is on the City's Master Thoroughfare Plan as a Minor Collector Street. Additionally, water
and sanitary sewer will need to be extended to provide service to the developable portion
of the property.
Applicant Geoff Freeman with LJA Engineering, 1904 W. Grand Parkway N., #100, Katy TX
77449, arrived to give a brief presentation at 7:10 p.m. Mr. Freeman was available for
comments and questions.
No Staff wrap up.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
Resident Matthew Bailey, 2608 Hewn Rock Way, Pearland TX 77584 was opposed to the
zone change request. Resident Ken McArdle, 2201 Appian Way, Pearland TX 77584 was
opposed to the request due to concerns with the impact on traffic and the installation of
security gates. Resident Michael Brown, 2704 Hewn Rock Way, Pearland TX 77584, was
opposed to the zone change.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION '
1PH MINUTES -JUNE 19, 2017
Councilmember Tony Carbone concerns were in regards to the traffic impact and what plan
could be in place to alleviate the high traffic. Councilmember Gary Moore made a comment
in regards to placing a road to help with traffic so as not to have the neighborhood become
' a thoroughfare for the public to use. Councilmember Derrick Reed Mr. Reed had concerns
with the traffic impact, entrance and exits to the neighborhood and was not in favor of the
request as presented. Councilmember Keith Ordeneaux commented on the non -existing
road and asked Applicant for clarification on future access. Mr. Freeman gave an
explanation and intentions which included not to effect residents in the adjoining
neighborhood. Mr. Ordeneaux asked applicant what future intentions were for the two
existing lakes in the county, Mr. Freeman explained they will be used for detention.
Councilmember David Little made a comment that he would like for the developer could
assure that there will be no access other than emergency access he would be inclined to
support the zone change. Councilmember Trent Perez asked City Attorney Darin Coker if
a site plan or site restrictions be tied into a zone change application, Mr. Coker replied that
no restrictions could be attached due to this application was just a zone change. Mr. Perez
added to his comment that he was supportive of the zone change but not supportive of the
site, the site has many issues that need to be addressed. Councilmember Woody Owens
commented on seeing certain consideration on the traffic impact side and would like to see
a Traffic Impact Analysis for the site.
P&Z Commissioner David Selsky commented on the zone change consideration will not
have any restrictions other than the Staff recommendations for approval. P&Z Chairperson
Daniel Tunstall was opposed to the zone change and would recommend the consideration
be presented as a PD instead. Councilmember Trent Perez wrap up comment was to make
' aware of the appropriate use for a PD.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17-
00009 @ 7:18 p.m.
Mayor Tom Reid opened the public hearing for Zone Change Application No. Zone 17-
00010 @ 7:18 p.m.
P&Z Chairperson Daniel Tunstall read into record the request for Zone Change Application
No. Zone 17-00010
PURPOSE OF HEARING
Zone Change Application No. ZONE 17-00010
A request of Pogie USA, LLC., applicant and owner, represented by Bruce Honore; for
approval of a change in zoning from General Business (GB) to a General Commercial (GC)
zoning district; on approximately 3.1092 acres of land.
Legal Description: A 3.1092 acre tract of land out of Lot 46 of the Allison Richey Gulf Coast
Home Company's subdivision of Section 8, H.T&B.R.R. CO. Survey also called the F.B.
' Drake Survey, Abstract 504, Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 2, Page 24, of the Plat Records of Brazoria County, Texas.
General Location: 6601 Broadway Street, Pearland, TX
JPH MINUTES -JUNE 19, 2017
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs gave a presentation with exhibits and informed Council and
Commission that 1 opposed phone call was received. Staff does not recommend approval '
of the requested change in zoning from GB to GC on the approximately 3.1092 acre site for
the following reasons:
1. The current zoning of GB and proposed GC are both in conformance with the Future
Land Use Plan (FLUP). The change in zoning from the GB zoning district to the less
restrictive GC zoning district will allow for more intense commercial uses and outdoor
storage that are not appropriate at this site. Establishing this corner as GC would further
erode the land use protections established in the lower zoning categories and expand the
potential uses permitted on the site to include: Auto Repair (major), Auto Wrecker Service,
Building Material Sales, Heavy Machinery Sales, Storage, Rental & Repair, Metal, Machine,
or Wood Shop, Motorcycle Sales/Dealer, Office Warehouse Storage or Sales, Pet Care
Facility (with outdoor pens), Taxidermist, Tire Sales, Tool and Machinery Rental (with
outdoor storage), Truck (heavy) and Bus Rental or Sales, Warehouse & Distribution, among
other uses.
2. The uses permitted by the proposed change in zoning district classification is not
appropriate within the immediate area of land to be reclassified as the properties along
Garden Road are single-family residential. These properties are zoned G/O-MU which
permits single-family residential by right among a variety of other commercial and light
industrial uses. The GB zoning district is a more appropriate neighboring zoning
classification which limits impact to the neighboring single-family residential.
3. Garden Road is a two-lane asphalt road with open ditches and was not constructed to
handle commercial traffic or the additional weight of trucks and trailers. ,
4. The retail lease space within the gas station is designed for commercial use and the
property is appropriate for the GB uses. The site is not built for outdoor storage uses allowed
by the change in zoning classification to GC.
The applicant Bruce Honore, 3219 Old Alvin Rd. Pearland TX 77581 and applicant Gary
Carter, 2951 N. Loop 336 W., Conroe TX 77304, gave a brief description of the proposed
use and were available for questions and comments.
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
None
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Trent Perez commented that the zone change meets the Comprehensive
Plan and Future Land Use and would agree to the zone change but would like to see in the
future truncate a zone change application with a conditional use application when it is
required. Councilmember David Little was not opposed to the zone change but would like '
for the applicant provide some assurance on the number of trucks parked in the lot.
P&Z Commissioner David Selsky asked Staff how to be supportive of the zone change to
require only 2 or 3 trucks parked on the property. Senior Planner Martin Griggs explained
JPH MINUTES -JUNE 19, 2017
the process would require getting the zone change approved and then a conditional use
permit would be required by the applicant.
' Mayor Tom Reid adjourned the public hearing for Zone Change Application No. Zone 17-
00010 @ 7:32 p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
17-00008 @ 7:32 p.m.
P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit
Application No. CUP 17-00008
PURPOSE OF HEARING
Conditional Use Permit Application No. CUP 17-00008
A request of Alan Mueller, applicant, on behalf of Kirby 59 Partners LP, Owner,
represented by Julio Lybrand; for approval of a Conditional Use Permit (CUP) to allow for a
Child Day Care Center, a Gym/Health Club (Physical Fitness; Indoors Only), a Restaurant
(With No Drive -In or Drive-Thru Service), and a Studio or Learning Center for Fine or
Performing Arts in the Neighborhood Services (NS) zoning district; on approximately 3.795
acres of land.
Legal Description: Being a tract of land containing 3.795 acres, located in the H.T. &
' B.R.R. Survey, Abstract -564, in Brazoria County, Texas; Said 3.795 acre tract being out of
Lot 56 of Section 80 as shown on the Allison Richey Gulf Coast Home Company, Part of
Suburban Gardens, a subdivision of record in Volume 2, Page 98, of the Brazoria County
Plat Records (B.C.P.R.), same being out of a called 5.0002 acre tract of land recorded in
the name of Kirby/59 Partners, LP in Brazoria County Clerk's File (B.C.C.F.) Number
2007021066.
General Location: 2645 County Road 59 (northwest corner of Kirby Drive and CR 59),
Peariand,TX.
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs gave a presentation with exhibits and informed Council and
Commission that no notices or phone calls were received. Staff recommends approval of
the requested CUP with conditions to allow for a Child Day Care Center, a Gym/Health Club
(Physical Fitness; Indoors Only), a Restaurant (With No Drive -In or Drive-Thru Service),
and a Studio or Learning Center for Fine or Performing Arts on the approximately 3.795
acre site for the following reasons:
1. The proposed plan is located at an intersection designated as a "Minor Retail Node"
which is suitable for retail and commercial development. The Comprehensive plan
' recommends that neighborhood retail and services should be located at intersections and
at the edge of logical neighborhood areas. Retail development should also be clustered and
convenient to residential areas which this plan accomplishes.
JPH MINUTES -JUNE 19, 2017
2. The proposed land uses for the strip center requiring a CUP are generally compatible
with residential development and provide needed neighborhood services to the surrounding
community.
3. The proposed land uses with limitations on total size and placement appear to not '
generate adjacency conflicts either internally or externally while providing flexibility to the
developer and future tenants.
4. The proposed site plan generally meets the minimum requirements of the UDC. However,
the plan does not show the required screening and site enhancement for the storm water
retention pond. The site plan shall be revised to include appropriate screening as required
by the UDC as per Section 2.4.5.1 (g) 7. The NS district and Corridor Overlay District require
refuse enclosures to be located on the side or rear of the building. The size and position of
the building has put the proposed refuse in one of the front yards. This site plan will require
ZBA approval for the position of the refuse enclosure.
Staff recommends the following conditions on the approval:
1. The exterior lights shall be located so as to not produce direct illumination across the
bounding property line. All outside lights shall be comprised of a light source and reflector
selected so that acting together spillover is controlled and not directed across any bounding
property line above a height of three feet.
2. The developer shall contact each of the adjacent residential property owners in writing to
offer to remove their existing rear yard fence and provide connection of their side yard
fences to the developer's masonry fence. This will be done at the developer's expense.
The applicant Paul Grohman, 2116 Kildore, Pearland TX 77581, gave a brief description of
the use and was available for comments and questions. '
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
.=1
COUNCIUPLANNING COMMISSION/STAFF DISCUSSION
Councilmember Gary Moore taught it will be a great addition to the area and will help out
the residents who live there. Councilmember Keith Ordeneaux commented on the addition
of the lightening and fencing are already included in the UDC. Councilmember Trent Perez
had concerns with having a CUP for each individual location as they come in, location by
location, suite by suite. Councilmember Woody Owens was not opposed to this CUP.
P&Z Vice -Chairperson Thomas Duncan had a comment on the masonry wall. P&Z
Chairperson Daniel Tunstall comments on the items and conditions made on the
recommendations from Staff. Councilmember Tony Carbone asked Staff for clarification on
the UDC lightening requirements and what Staff has recommended. Senior Planner Martin
Griggs explained the glare and reflection requirements to neighboring properties. Mr. '
Carbone asked applicant if they had any concerns with the Staff recommendations. The
applicant replied they would be able to comply. Mayor Tom Reid comments on the future
use of the property. Senior Planner Martin Griggs had a wrap up comment in regards to the
fence recommendations and requirements.
JPH MINUTES -JUNE 19, 2017
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No.
CUP 17-00008 @ 7:54 p.m.
' Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
17-00010 @ 6:57 p.m.
P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit
Application No. CUP 17-00010
PURPOSE OF HEARING
Conditional Use Permit Application No. CUP 17-00010
A request of Brian Gills, applicant, on behalf of David Felt, owner; for approval of a
Conditional Use Permit (CUP) to allow for a Food Store/Supermarket in the Neighborhood
Services (NS) zoning district; on approximately 5.707 acres of land.
Legal Description: Being a tract or parcel containing 5.707 acres (248,578 square feet) of
land situated in the H.T. & B.R.R. Co. Survey, Section 17, Abstract Number 242, City of
Pearland, Brazoria County, Texas; being out and a portion of the called 9.1875 acre tract
conveyed to Mac Edison, LLC as described in deed recorded under Brazoria County Clerk's
File (B.C.C.F) Number (No.) 2012009629
' General Location: Southeast comer of Broadway and Tranquility Lakes Boulevard,
Pearland, TX.
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs gave a presentation with exhibits and informed that notices
were not received and 2 calls asking for information were received. Staff recommends
approval of the requested CUP with conditions for a Food Store/Supermarket on the
approximately 5.707 acre site for the following reasons:
1. The proposed use meets the FLUP description of Retail, Offices, and Services while
allowing for consideration of abutting uses through the CUP process. The proposed
development is within a short distance of the Tranquility Lakes Apartments and Avalon
Terrace subdivision.
2. The use is consistent with the NS zoning classification whose uses are for the benefit of
adjacent and nearby residential developments without changing the character of the
residential district. Staff recommends the fallowing conditions on the approval:
1. The site plan and proposed building height currently do not met the requirements of the
UDC. Staff recommends reducing the overall height of the building from 36'6" to 35' to met
the maximum requirement of the zoning district or seek ZBA approval.
2. The screening required by the Corridor Overlay District for the loading docks is
inadequately screened from Broadway Street; one 2" tree will not visually suppress the view
' of those docks. The UDC requires increased screening for the loading dock facing
Broadway Street.
3. Additionally, the site plan does not propose any features to screen or limit views from the
commercial property onto the apartment complex. Prior to the first reading revise the site
1PH MINUTES -JUNE 19, 2017
plan to provide a 6' masonry wall along the rear property line. Before construction begins,
request and if granted permission from the apartment complex remove the existing fence.
4. The exterior lights shall be located so as to not produce direct illumination across the
bounding property line. All outside lights shall be comprised on a light source and reflector
selected so that acting together spillover is controlled and not directed across any bounding
property line above a height of three feet.
5. The proposed location of the driveway on Broadway Street is proposed over a large ditch
and between two jersey barriers which has the potential to generate both pedestrian and
vehicular hazards. This location poses a danger to drivers turning onto Broadway Street
and would require approval from TXDOT and the City Engineer. Staff recommends the
applicant to continue discussions with TXDOT and Engineering to revise the plan to address
this concern. Any changes to the site plan to relocate the driveway will need to be approved
by the City Engineer and will not require revisions to the CUP.
The applicant, Steven Freeman, 11700 Katy Frwy., Houston TX 77079, gave a brief
presentation and was available for comments and questions.
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
None
COUNCILIPLANNING COMMISSION/STAFF DISCUSSION
Councilmember Trent Perez asked Director of Engineering Robert Upton if TXDOT offering
to allow full removal of the barricade of the property front. Mr. Upton replied that they would
be culverting for safety issues. Mr. Perez asked Staff about the screening of the truck docks,
Mr. Griggs replied that it is a requirement through the UDC. Councilmember Keith
Ordeneaux agreed with TXDOT in regards to the placing of the median for in and out
access. Councilmember Tony Carbone asked the applicant what type of store would be
built on the property. Mr. Freeman replied the store proposed is known as Lidl grocery store.
Mr. Freeman explained to Council that TXDOT will be attaching a condition to their permit
and a disclaimer has been placed regarding all parties involved are aware of the upcoming
project.
No comments or discussion from the P&Z Commission.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit Application No.
CUP 17-00010 @ 8:12 p.m.
Mayor Tom Reid opened the public hearing for Conditional Use Permit Application No. CUP
17-00009 @ 8:12 p.m.
P&Z Chairperson Daniel Tunstall read into record the request for Conditional Use Permit
Application No. CUP 17-00009
PURPOSE OF HEARING
JPH MINUTES -JUNE 19, 2017
Conditional Use Permit Application No. CUP 17-00009
A request of Pratik Shah and Keyur Modi, applicants, on behalf of Kim Huynh, owner; for
■ approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the
General Commercial (GC) zoning district; on approximately 1.9636 acres of land.
Legal Description: Being Lot A of Block One containing 1.9636 acres of land out of a
parcel of land containing 4.7335 (206,192 square feet) of land more or less out of Lot 32,
Zychlinski Subdivision according to the plat thereof recorded in Volume 29, Page 43, deed
records, Brazoria County, Texas.
General Location: 1823 North Main Street, Pearland, TX.
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Martin Griggs gave a presentation with exhibits and informed that no notices
or phone calls were received. Staff recommends approval of the requested CUP for a
Liquor/Package Store on the approximately 1.9636 acre site for the following reasons:
1. The parcel is bounded by commercial properties to the south and is surrounded by GC
zoning on three sides.
2. The location is not at an entrance to residential neighborhoods.
3. The proposed use is a retail use of similar size and intensity to the surround retail and
commercial uses and therefore compatible.
4. The location is an out parcel of an established shopping center which 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.
The applicant, Pratik Shah, 12714 Sara Beth Way, Houston TX 77089 did not make a
presentation but was available for questions and comments.
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
Rev. B.V. Barrett, 5402 Ryan Acres Dr. Pearland TX 77584, was opposed to the request.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Gary Moore had concerns with the amount of parking and was it adequate
parking. Senior Planner Martin Griggs explained the retail use and package liquor store are
at the same ratio. Councilmember Woody Owens comments were that he would not vote
for another liquor store location due to several liquor stores have already been approved.
' P&Z Commissioner Derrell Isenberg made comments regarding the amount of liquor stores
in the area, was not in favor of the CUP.
Mayor Tom Reid adjourned the public hearing for the Conditional Use Permit Application
No. CUP 17-00009 @ 8:23 p.m.
JPH MINUTES -JUNE 19, 2017
These minutes are respectfully submitted by:
Alma Gon ales, Office Assistant
Minutes approved as submitted on this 241" day of July, A.D., 2017.
Mayor Tom Reid
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1PH MINUTES -JUNE 19, 2017