2019-10-07 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, OCTOBER 07, 2019 AT 6:30 P.M., COUNCIL CHAMBERS, PEARLAND
CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Mayor Tom Reid opened a series of public hearings at 6:41 p.m.
The following were present:
Council Member Derrick Reed
Council Member Trent Perez
Council Member Luke Orlando
Council Member David Little
Council Member Gary Moore
Council Member Woody Owens
P&Z Chairperson Daniel Tunstall
P&Z Vice — Chairperson Thomas Duncan
P&Z Commissioner Ronald Wicker
P&Z Commissioner Layni Cade
P&Z Commissioner Andrew Bearles
P&Z Commissioner Mary Starr
P&Z Commissioner Troy Pradia
Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Senior
Planner Mohamed Bireima, Planner Vince Hustead, Planner Samin Bazargan, Planner Florence
Buaku, Director of Engineering Robert Upton, Assistant Director of Engineering Raj Shrestha,
Assistant Director of Traffic Ryan McKinnis and Assistant Engineer Rasika Perera
Planning Manager Griggs read the Order of Agenda and informed at the request of the applicant
ZONE 19-00018 Carrington Towers had been postponed indefinitely.
P&Z Chairperson Tunstall read into the record the purpose of the Hearing
PURPOSE OF HEARING
A request by Norman W. and Shelia Hicks, owner, for approval of a zoning change from the interim
Suburban Development District (SD) to Single-family Residential-15 District (SR-15), for a recently
annexed land totaling approximately 10.49 acres; to wit:
Legal Description: Being all of Lot 3, Block 1 of the Sea Bass Addition, an addition in the City of
Pearland, Texas according to the plat recorded in County Clerk's File No. 2019014894 of the Plat
Records of Brazoria County, Texas.
General Location: 7409 Bailey Road, Pearland, Texas.
APPLICATION INFORMATION AND CASE SUMMARY
Planner Bazargan presented the Staff Report with exhibits. Mrs. Bazargan informed no
comment forms or phone calls were received for this request. In staffs opinion, the
proposed zone change from SD to SR-15 meets the criteria for approval; therefore, staff
recommended approval.
Applicants were present but did not wish to speak
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JPH Minutes — October 07, 2019
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmembers Little and Moore said the property was suitable for the zone change and
were in favor of the request. Councilmember Perez was fully in support of the zone
change.
No comments from the P&Z Commission
ADJOURNMENT
Mayor Tom Reid adjourned the public hearing at 6:50 p.m.
These minutes are respectfully submitted by:
Gonzales, OffiAssistant
Minutes approved as submitted on this 9th day of September 2019 A.D.
Mayor Tom Reid
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JPH Minutes — October 07, 2019
MINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 7, 2019, AT 6:30 P.M. IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order 6:55 p.m. with the following present:
Mayor
Mayor Pro-Tem
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Deputy City Manager
City Attorney
Interim City Secretary
Tom Reid
J. David Little
Luke Orlando
Derrick Reed
Gary Moore
Trent Perez
Woody Owens
Jon Branson
Darrin Coker
Maria Rodriguez
Absent: Councilmember Hernandez
P&Z Commissioner Mary Starr
P&Z Commissioner Ron Wicker
P&Z Commissioner Thomas Duncan
P&Z Commissioner Daniel Tinstall
P&Z Commissioner Layni Cade
P&Z Commissioner Andrew B. Earles
P&Z Commissioner Troy Pradia
Others in attendance: Matt Buchanan President of EDC, Trent Epperson Assistant City Manager,
John McDonald Director of Community Development, Cynthia Pearson Director of Finance,
Robert Upton Director of Engineering and Capital Projects, Joel Hardy Grants — Special Projects
Administrator, John Knight IT Manager, Joshua Lee Communications Director and Lawrence
Provins Deputy City Attorney.
JOINT SPECIAL MEETING NO. 1
A request by Craig Garcia, applicant, on behalf of Dr. Tayray Jasmine, owner, for approval of a
Conditional Use Permit (CUP) to allow an assisted living facility on 1.9 acres of land located within
the Neighborhood Service Zoning District (NS); to wit:
Legal Description:
Being all of Lots 15 & 16, Block 3 of the Skyway Manor Subdivision, an addition in the City of
Pearland, Brazoria County, Texas, as recorded in the in Volume 7, Page 67 of the Plat Records
of Brazoria County, Texas.
General Location:
2919 Manvel Road, Pearland, TX.
APPLICATION INFORMATION AND CASE SUMMARY
STAFF REPORT: Planner Samin Bazargan reported on the Conditional Use Permit (CUP) to
allow an assisted living facility on 1.9 acres of land located within the Neighborhood Service
Zoning District (NS).
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APPLICANT PRESENTATION:
Applicant Craig Garcia addressed Council and stated the assisted living facility will look like a
home and will model other assisting living facilities owned by the applicant.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST:
Arn Pepin, no address provided, addressed Council and stated his concerns for lighting, type of
fence that will be used, and potential for his property to not be able to drain during storm events.
Tommy Vickner, 2940 Piper Road, addressed Council and spoke regarding his opposition to the
proposed assisted living facility due to lighting, drainage, emergency vehicle traffic, and noise.
Applicant Craig Garcia addressed Council regarding the issues presented by the residents.
PLANNING AND ZONING COMMISSION:
Commissioner Tinstall stated he is not opposed to the application and intended land use.
CITY COUNCIL:
Conversation ensued between Councilmember Owens and applicant Craig Garcia regarding the
amount of beds in the facility and the building layout.
Councilmember Perez stated he would like to amend the Conditional Use Permit to require a one
candle light intensity at the property line.
STAFF WRAP UP: None
CITY COUNCIL NEW BUSINESS
Council Action - Resolution No. R2019-CUP19-00012 - A Resolution of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow an assisted living
facility within Neighborhood District (NS) District, Being all of Lots 15 & 16, Block 3 of the Skyway
Manor Subdivision, an addition in the City of Pearland, Brazoria County, Texas, as recorded in
the in Volume 7, Page 67 of the Plat Records of Brazoria County, Texas. (Located at 2919 Manvel
Rd. Pearland, TX). Conditional Use Permit Application No CUP19-00012, within the
Neighborhood Service (NS) District, at the request of Craig Garcia, applicant, on behalf of Dr.
Tayray Jasmine, owner, containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
Councilmember Perez made the motion, seconded by Councilmember Moore to approve to
amend Resolution No. R2019-CUP19-00012 to require a one candle light intensity at the property
line
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Voting "Aye" Councilmembers Perez, Owens, Orlando, Reed, Little and Moore.
Voting "No" None.
Motion Passed 6 to 0 as Amended with Councilmember Hernandez absent.
JOINT SPECIAL MEETING NO. 2
A request by Kelsey Kreher, applicant, on behalf of Center at Pearland Parkway III, LP,
represented by Mark Sondock, owner, for approval of a Conditional Use Permit (CUP) to allow an
auto repair (minor) on 0.9273 acres of land located within the Center at Pearland Parkway
Planned Development; to wit:
Legal Description:
Being all of Lot 1, Block 1 of the Center at Pearland Parkway, Phase III, an addition in the City of
Pearland, Brazoria County, Texas, as recorded in File No. 2018047201 in the Plat Records of
Brazoria County, Texas.
General Location:
2430 Pearland Parkway, Pearland, TX.
APPLICATION INFORMATION AND CASE SUMMARY
STAFF REPORT: Planner Mohamed Bireima reported regarding the Conditional Use Permit
(CUP) to allow an auto repair (minor) on 0.9273 acres of land located within the Center at
Pearland Parkway Planned Development.
APPLICANT PRESENTATION:
Applicant Richard Gallegos, no address given, addressed Council and gave a brief overview of
his business and the services they will provide.
Mark Sonda, 3310 Cloverdale, addressed Council and spoke regarding the efforts of Valvoline to
meet City criteria and be safe for the environment.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST: None.
PLANNING AND ZONING COMMISSION:
Commissioner Wicker stated based on issues brought up by staff he is against the use.
Conversation ensued between Commissioner Earles and Planning Manager Martin Griggs
regarding the history of automotive uses being required to obtain a Conditional Use Permit.
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Commissioner Tinstall stated he is against the planned development due to it being against the
recent changes to the Unified Development Code.
CITY COUNCIL:
Councilmember Orlando stated he is opposed to the planned development due to the negative
recommendation from staff and the Planning and Zoning Board.
Councilmember Little stated the planned building look is nice, but he has citizen comments
against having the open bays facing Pearland Parkway.
Applicant Richard Gallegos stated the site is not large enough to rotate the building but there will
be shrubbery to block the view of the bays from Pearland Parkway.
Councilmember Moore stated the reason for the update to the Unified Development Code was to
prevent gas stations from being next to each other and to allow Council the ability to control what
goes on Pearland Parkway.
Councilmember Perez stated it is not ideal to have this on the corner, but the applicant is willing
to do beautification to the site which another business may not be willing to do.
Councilmember Owens stated he has issue with the planned development since so much money
has been spent to beautify Pearland Parkway and there are existing businesses that provide the
same type of service.
Conversation ensued between Council and staff regarding the changes to landscaping
requirements in an effort to provide more coverage and shade to the business, what conditions
can be put on the facade and what services the City can limit the site to.
STAFF WRAP UP: None.
CITY COUNCIL NEW BUSINESS
Council Action Resolution R2019 - CUP19-00013 - A Resolution of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow an auto repair (minor)
establishment on a 0.9273-acre lot located within the Center at Pearland Parkway Planned
Development, being all of all of Lot 1, Block 1 of the Center at Pearland Parkway, Phase III, an
addition in the City of Pearland, Brazoria County, Texas, as recorded in File No. 2018047201 in
the Plat Records of Brazoria County, Texas (Located at 2430 Pearland Parkway, Pearland, TX).
Conditional Use Permit Application No CUP19-00013, within the Center at Pearland Parkway
Planned Development, at the request of Kelsey Kreher, applicant, on behalf of Center at Pearland
Parkway III, LP, represented by Mark Sondock, owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
Councilmember Moore made the motion, seconded by Councilmember Perez to approve
Resolution R2019-CUP19-00013.
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Councilmember Perez made the motion, seconded by Councilmember Moore to postpone
Resolution No. R2019-CUP19-00013.
Voting "Aye" Councilmembers Little, Moore, Perez.
Voting "No" Councilmembers Owens, Orlando, Reed.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "No" Mayor Reid.
Motion failed 4 to 3 to postpone.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmembers Little, Moore, Perez.
Voting "No" Councilmembers Owens, Orlando, Reed.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "No" Mayor Reid
Motion failed 4 to 3.
ADJOURNMENT:
Meeting was adjourned at 8:05 p.m.
Minutes approved as submitted and/or corrected this the 27th day of April A.D., 2020.
ATT
Cry• al Roan, TRMC, CMC
City Secretary
Tom Reid
Mayor
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