2018-03-19 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING MINUTESMINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD
ON MONDAY, MARCH 19, 2018, AT 6:30 P.M. IN THE
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COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order 7:11 p.m.
with the following present:
Mayor
Tom Reid
P&Z Commissioner Mary Starr
Councilmember
Tony Carbone
P&Z Commissioner Thomas Duncan
Councilmember
Gary Moore
P&Z Commissioner David Selsky
Councilmember
Keith Ordeneaux
P&Z Commissioner Layni Cade
Councilmember
J. David Little
P&Z Commissioner Daniel Tunstall
Councilmember
Trent Perez
Councilmember
Woody Owens
Deputy City Manager
Jon Branson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Mayor Pro -Tem Derrick Reed and P&Z Commissioners Troy Pradia and Derrell
Isenberg.
Others in attendance: Jon Branson Deputy City Manager; Samin Bazargan Planning
Technician; Matthew Brown Associate Engineer; Trent Epperson Assistant City Manager;
' Alma Gonzales Office Assistant; Martin Griggs Senior Planner; John McDonald Director
of Community Development; Jimontanae McBride City Planner; Clarence Sirmons
Development Coordinator; Robert Upton City Engineer; Joel Hardy Grants -Special
Projects Administrator; Skipper Jones Assistant Director of Capital Projects; John Knight
IT Manager; Lawrence Provins Deputy City Attorney.
Joint Special Meeting No. 1
Conditional Use Permit Application No. CUP 18-00001
A request of Mark and Andrea Medina, applicant and owner; for approval of a Conditional
Use Permit (CUP) to allow for an agricultural animal husbandry use located in the Single -
Family Estate (RE) zoning district; on approximately 2.1763 acres of land.
Legal Description:
A tract or parcel of land containing 2.1763 acres out of 4.6889 acres or 204,248 square
feet out of Lot 42 of Allison -Richey Gulf Coast Home Co., part of Suburban Gardens
Subdivision, Section one, map or plat of which is recorded in Volume 2, Page 107 of the
Plat Records of Brazoria County, Texas and being located within the HT&B RR Co.
survey, Abstract Nos 310 & 304; said 4.6889 acres being that same tract of land as
described by deed recorded in Brazoria County Clerk's File No 2003044644.
' General Location:
2306 Brookeny Street, Pearland, TX.
CUP 18-000012306 Brookney Street —Agricultural Animal Husbandry AIR -18-062
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Application Information and Case Summary:
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Staff Report:
Planning Technician Samin Bazargan reported on the requested Conditional Use Permit
(CUP) to allow for an agricultural animal husbandry use.
Applicant Presentation:
Applicant Mark Medina, 2306 Brookeny Street, addressed Council stating he has been in
direct contact with his neighbors and they do not have a problem with him raising
chickens, ducks and turkeys and selling the eggs.
Persons wishing to speak for or against the Proposed Request: None.
Planning Commission/Council/Staff Discussion:
Commissioner Selsky stated his concerns regarding the noise, smell and/or insects.
Applicant Mark Medina stated he does not plan on having large flocks that would possibly
cause those kind of concerns. He is going to continue to be a good neighbor.
Commissioner Tunstall stated the Planning and Zoning Commission received one
response from a neighbor that does not want that many birds being raised next to his
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property. He further stated he would not like having chickens and ducks next to his
residence.
Discussion ensued between Commissioner Cade and Applicant Mark Medina regarding
different breeds or roosters that are nosier than others.
Commissioner Starr stated she is not sure if this location is the right place to raise
chickens, ducks and turkeys.
Commissioner Duncan stated if the limits and uses for this type of permit are not followed
the permit can be revoked.
Discussion ensued between Councilmember Owens and Applicant Mark Medina
regarding the max number of birds would be 90 to 100.
Councilmember Perez stated he does not see an issue with this request.
Discussion ensued between Councilmember Little and Applicant Mark Medina regarding
up to 200 birds would be allowed for the size of the property at 2306 Brookeny Street.
Councilmember Ordeneaux stated animals are allowed on this property. The request is '
the sale of animal products. The question would be if the sale of chickens or eggs have
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an impact, and he does not see that it does.
Councilmember Moore stated he does not see an issue.
Councilmember Carbone stated he does not have an issue with this.
New Business:
Council Action — Resolution No. R2018-CUP18-00001 — A Resolution of the City
Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to
allow for an agricultural animal husbandry use in the Single -Family Estate (RE)
zoning district, 2.1763 acres of land, out of 4.6889 acres or 204,248 square feet out of
Lot 42 of Allison -Richey Gulf Coast Home Co., part of Suburban Gardens Subdivision,
Section one, map or plat of which is recorded in Volume 2, Page 107 of the Plat Records
of Brazoria County, Texas and being located within the HT&B RR Co. survey, Abstract
Nos 310 & 304; said 4.6889 acres being that same tract of land as described by deed
recorded in Brazoria County Clerk's File No 2003044644. (Located at 8416 Broadway,
Pearland, TX.) Conditional Use Permit Application No CUP18-00001, within the
Residential Estate (RE) zone district, at the request of Mark and Andrea Medina, applicant
and owner, containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
' Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No. R2018-CUP18-00001 as amended.
City Attorney Darrin Coker stated the address in the caption is different from the address
in the agenda. The correct address is 2306 Brookeny Street. The resolution should be
amended to reflect the correct address.
Councilmember Ordeneaux made the motion, seconded by Councilmember Perez to
amend Resolution No. R2018-CUP18-00001 with the correct address of 2306 Brookeny
Street.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone and Moore.
Voting "No" None.
Motion Passed 6 to 0, with Mayor Pro -Tem Reed absent.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Little, Perez and Owens.
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Voting "No" None.
Motion Passed 6 to 0, with Mayor Pro -Tem Reed absent.
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Adjournment: '
Meeting was adjourned at 8:25 p.m.
Minutes approved as submitted and/or corrected this the 91h day of April, A.D., 2018.
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Tom Reid
Mayor
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