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2019-11-18 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 18, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER Mayor Reid called the meeting to order 6:30 p.m. ROLL CALL - COUNCIL Mayor Tom Reid P&Z Commissioner Mary Starr Mayor Pro -Tem J. David Little P&Z Commissioner Ron Wicker Councilmember Luke Orlando P&Z Commissioner Layni Cade Councilmember Tony Carbone P&Z Commissioner Andrew Earls Councilmember Gary Moore P&Z Commissioner Thomas Duncan Councilmember Adrian Hernandez P&Z Commissioner Troy Pradia Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker Interim City Secretary Maria Rodriguez Absent: Councilmember Trent Perez. Planning and Zoning Commissioner Daniel Tunstall. Others in attendance: Deputy City Manager Jon Branson, Assistant Chief -Community Risk Reduction Roland Garcia, Director of Human Resources Michelle Graham, Director of Community Development John McDonald, City Engineer Robert Upton, Director of Parks and Recreation Chris Orlea, Grants -Special Projects Administrator Joel Hardy, and Communication Director Joshua Lee. ROLL CALL — PLANNING AND ZONING COMMISSION P&Z Commissioner Mary Starr P&Z Commissioner Ron Wicker P&Z Commissioner Layni Cade P&Z Commissioner Andrew Earls P&Z Commissioner Thomas Duncan P&Z Commissioner Troy Pradia NTRODUCTION OF AGENDA AND FORMAT OF HEARING JOINT SPECIAL MEETING NO. 1 Conditional Use Permit Application: CUP 19-00017 A request by Glen Preston, representing HCP DAS Pearland, TX LP, applicant, on behalf of Memorial Hermann Health Systems, owner, for approval of a Conditional Use Permit (CUP) to allow for additional height for an existing building located on approximately 5.38 acres of land within the General Commercial (GC) District; to wit: Legal Description: All that certain 4.6602 acres out of Lot 1, Block 2, Fourth Amending Plat of Shadow Creek Town Center according to the plat as filed in Document Number 2019016526 in the Official Plat Records of Brazoria County, Texas. General Location: 10907 Memorial Hermann Drive, Pearland, TX Page 1 of 6 Pearland City Council and Planning and Zoning Joint Special Meeting APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT: Planner I Samin Bazargan gave an overview of the Conditional Use Permit. APPLICANT PRESENTATION: Bruce Walk, representative for Powers Brown Architecture, addressed Council to report during the original pre -development meetings and design process there was an oversight to the existing building height. PLANNING AND ZONING COMMISSION: Commissioner Duncan disclosed he works for Walter P. Moore and does a lot of work for Memorial Hermann Health Systems. CITY COUNCIL: Councilmember Carbone asked for the conditions proposed by staff be read into the record. Planner 1 Martin Griggs read the following proposed conditions: 1. As long as there are no structural alterations to the height of the building the Conditional Use Permit would not have an expiration date. 2. Should an accident or a natural disaster cause the building the need to be restored then a new conditional use permit would not be necessary. 3. A new Conditional Use Permit would not be required to cure the height issue when the next building is constructed on the lot. STAFF WRAP UP: There was none. CITY COUNCIL NEW BUSINESS: Consideration and Possible Action - Resolution No. R2019-CUP19-00017 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for additional height for an existing building within General Business (GB) District, Being all that certain 4.6602 acres out of lot 1, Block 2, Fourth Amending plat of Shadow Creek Town Center according to plat as filed in Document Number 2019016526 in the official Plat records of Brazoria County, Texas. (Located at 10907 Memorial Hermann Drive. Pearland, TX). Conditional Use Permit Application No CUP19-00017, within the General Commercial (GC) District, at the request of Glen Preston representing HCP DAS Pearland TX LP, applicant, on behalf of Memorial Hermann Health system, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Orlando made the motion, seconded by Councilmember Moore, to approve Resolution R2019-CUP19-00017. Councilmember Carbone made a motion, seconded by Councilmember Moore, to amend the motion to include in the ordinance the proposed conditions. Page 2 of 6 Pearland City Council and Planning and Zoning Joint Special Meeting Mayor Reid called for the vote on the amended motion. AYES: Carbone, Little, Hernandez, Moore, Owens, Orlando, NAYS: None. The motion carried. Mayor Reid called for the vote on the original motion as amended. AYES: Orlando, Carbone, Little, Hernandez, Moore, Owens. NAYS: None. The motion carried. Resolution R2019-CUP19-00017 is adopted with conditions. ADJOURNMENT OF JOINT SPECIAL MEETING NO. 1: 7:00 p.m. JOINT SPECIAL MEETING NO. 2 Conditional Use Permit Application No. CUP 19-00020 - A request by Justin A. Schrader, LJA Engineering, applicant, on behalf of Lennar Homes of Texas Land and Construction, Ltd., owner, for approval of a Conditional Use Permit (CUP) for a convenience store with a gasoline station on approximately 2.00 acres of land within the General Business District; to wit: Legal Description: Being 2.00 -acre tract of land out of 47.207 acres situated in the C. J. Hall Survey, Abstract No. 215, in Brazoria County, Texas; being out and part of that same tract of land designated as Tract 8 and described in the deed to Lennar Homes of Texas, Inc., recorded in Brazoria County, Texas. General Location: Northwest Corner of Cullen Parkway and McHard Road Intersection, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT: Senior Planner Mohamed Bireima gave an overview of the Conditional Use Permit. APPLICANT PRESENTATION: Justin A. Schrader, LJA Engineering, 2929 Briar Park Houston, Texas, addressed Council stating this is a request for a gas station that will include 10 pumps that would allow service for 20 vehicles. PLANNING AND ZONING COMMISSION: Commissioner Thomas Duncan stated gas stations are permanent and take a lot of environmental mitigation to redevelop. CITY COUNCIL: Discussion ensued between Council and Staff regarding environmental concerns, substantial conformance enforcement, and the Texas Natural Resource Conservation Commission pipeline standards. STAFF WRAP UP: There was none. Page 3 of 6 Pearland City Council and Planning and Zoning Joint Special Meeting CITY COUNCIL NEW BUSINESS: Consideration and Possible Action - Resolution No. R2019 CUP 19-00020 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a convenience store with a gasoline station on approximately 2.00 acres of land within the General Business (GB) District, being a 2.00 -acre tract of land out of 47.207 acres situated in the C. J. Hall Survey, Abstract No. 215, in Brazoria County, Texas; being out and part of that same tract of land designated as Tract 8 and described in the deed to Lennar Homes of Texas, Inc., recorded in Brazoria County, Texas (Located at the northwest corner of Cullen Parkway and McHard Road Intersection). Conditional Use Permit Application No CUP19-00020, within the General Business (GB) District, at the request of Justin A. Schrader, LJA Engineering, applicant, on behalf of Lennar Homes of Texas Land and Construction, Ltd., 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 R2019- CUP 19-00020. AYES: Carbone, Little, Hernandez, Moore, Owens, Orlando. NAYS: None. The motion carried. Resolution No. R2019 CUP 19-00020 is adopted. ADJOURNMENT OF JOINT SPECIAL MEETING NO. 2: 7:39 p.m. JOINT SPECIAL MEETING NO. 3 Conditional Use Permit Application: CUP 19-00021 - A request by Joshua Calip, applicant, on behalf of Julian Davis III, representing Fellowship of Believers Baptist Church, owner, for approval of a Conditional Use Permit (CUP) for a church on approximately 3.00 acres of land within the Neighborhood Service (NS) District; to wit: Legal Description: Being 3.00 -acre tract of land situated in Lot 80 of Figland Orchard Subdivision as recorded in Volume 3, Page 77 of the Plat Records of Brazoria County, Texas, said Figland Orchard Subdivision being a part of Section 13, H.T. & B.R.R. Company Survey, Abstract 240, Brazoria County, Texas. General Location: 2834 Wagon Trail Road, Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY: STAFF REPORT: Planner I Samin Bazargan gave an overview on the Conditional Use Permit. APPLICANT PRESENTATTION: Julian Davis III, Representative for Fellowship of Believers Baptist Church, 2845 Ochoa Road, was present and available for questions. PLANNING AND ZONING COMMISSION: There were no comments from the Planning and Zoning Commission. CITY COUNCIL: Discussion ensued between Council and Staff regarding parking. Page 4 of 6 Pearland City Council and Planning and Zoning Joint Special Meeting STAFF WRAP UP: There was none. CITY COUNCIL NEW BUSINESS: Consideration and Possible Action - Resolution No. R2019- CUP19-00021 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a church within Neighborhood District (NS) District, Being 3.00 -acre tract of land situated in Lot 80 of Figland Orchard Subdivision as recorded in Volume 3, Page 77 of the Plat Records of Brazoria County, Texas, said Figland Orchard Subdivision being a part of Section 13, H.T. & B.R.R. Company Survey, Abstract 240,Brazoria County, Texas. (Located at 2834 Wagon Trail Rd. Pearland, TX). Conditional Use Permit Application No CUP19-00021, within the Neighborhood Service (NS) District, at the request of Joshua Calip, applicant, on behalf of Julian Davis III, representing Fellowship of Believers Baptist Church, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro -Tem Little made the motion, seconded by Councilmember Moore, to approve Resolution R2019- CUP 19-00021. AYES: Little, Hernandez, Moore, Owens, Orlando, Carbone. NAYS: None. The motion carried. Resolution No. R2019- CUP19-00021 is adopted. ADJOURNMENT OF JOINT SPECIAL MEETING NO. 3: at 7:59 p.m. JOINT SPECIAL MEETING NO. 4 A request by Mike Frankoff, applicant, on behalf of Alpapar Holdings LLC, owner, for approval of a Conditional Use Permit (CUP) to allow a 5,000 -square foot retail business in an existing 13,500 - square foot building located within the Light Industrial (M-1) District; to wit: Legal Description: 1.343 acres out of a 1.4463 -acre tract of land described in Volume 1400, Page 187 of the Deed Records of Brazoria County, Texas, said tract also being out of Tract No. 4, of the Bayou Commercial Park of Pearland, an addition in the City of Pearland according to the plat recorded in Volume 16, Page 57 of the Plat Records of Brazoria County, Texas. General Location: 1118 Main Street, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT: Planner II Florence Buaku reported on the Conditional Use Permit. APPLICANT PRESENTATION: Mike Frankoff, on behalf of Alpapar Holdings LLC., stated he is available for questions. PLANNING AND ZONING COMMISSION: There were no comments. CITY COUNCIL: There were no comments. Page 5 of 6 Pearland City Council and Planning and Zoning Joint Special Meeting STAFF WRAP UP: There was none. CITY COUNCIL NEW BUSINESS: Consideration and Possible Action - Resolution No. R2019- CUP19-00022 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a 5000 -square foot retail business within Light Manufacturing (M-1) District, being 1.343 acres out of a 1.4463 -acre tract of land described in Volume 1400, Page 187 of the Deed Records of Brazoria County, Texas, said tract also being out of Tract No. 4, of the Bayou Commercial Park of Pearland, an addition in the City of Pearland according to the plat recorded in Volume 16, Page 57 of the Plat Records of Brazoria County, Texas. (Located at 1118 Main Street, Pearland, TX) Conditional Use Permit Application No CUP19-00022, within the Light Industrial (M-1) District, at the request of Mike Frankoff, applicant, on behalf of Alpapar Holdings LLC, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Hernandez made the motion, seconded by Councilmember Moore, to approve Resolution R2019- CUP 19-CUP19-00022. AYES: Hernandez, Moore, Owens, Orlando, Carbone, Little. NAYS: None. The motion carried. Resolution No. R2019- CUP19-00022 is adopted. ADJOURNMENT OF JOINT SPECIAL MEETING NO. 4: 8:02 p.m. Minutes approved as submitted and/or corrected this the 13th day of July 2020. Tom Reid Mayor AT S F%:RLAN �Q. .O Crysta oan, TRMC, CMC City Secretary Page 6 of 6 Pearland City Council and Planning and Zoning Joint Special Meeting MINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 18, 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 6:39 p.m. The following were present: Council Member Luke Orlando Council Member Tony Carbone Council Member David Little Council Member Adrian Hernandez Council Member Gary Moore Council Member Woody Owens P&Z Vice - Chairperson Thomas Duncan P&Z Commissioner Troy. Pradia P&Z Commissioner Ronald Wicker P&Z Commissioner Layni Cade P&Z Commissioner Andrew Bearles P&Z Commissioner Mary Starr Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner Samin Bazargan, Planner Florence Buaku, 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 format of the hearing. P&Z Vice - Chairperson Duncan read into the record the purpose of the Hearing PURPOSE OF HEARING ZONE CHANGE APPLICATION NUMBER ZONE 19-00020 A request by Jennifer Pollak Evans, applicant, on behalf of Signature Companies, owner, for approval of a zoning change from General Business District (GB) to General Commercial District (GC), on approximately 6.1479 acres of land; to wit: Legal Description: Tract Being all of Lots 1-A & 1-B, Block 1 of the Fite at F.M. 1128 Addition, a subdivision in the City of Pearland, Brazoria County, Texas, according to the plat recorded in File No. 2008035185 of the Official Public Records of Brazoria County, Texas. General Location: 2832 Manvel Road & 7221 Fite Road, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY Planner Buaku presented the staff report with exhibits and informed that zero calls or comment forms were received for this request. The proposed zone change from GB to GC for the subject site JPH Minutes — November 18, 2019 generally meets the criteria for approval; therefore, staff recommends approval of the zone change from GB to GC. Applicant Jennifer Evans, 9525 Katy Freeway #124 Houston TX 77024, gave a brief description for the request and was available for comments and questions. No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Carbone asked applicant for clarification of the proposed use, would it be office warehouse or mini storage, applicant informed the front parcel would be mini storage and the back parcel would be office warehouse. Councilmember Little asked applicant what the percentage of building would be used for office storage, applicant informed it would be 50-50. Councilmember Owens made a comment that there were too many storage facilities and requested that staff do research on how many storages per radius and present at the next council meeting for this request. No objections or comments from the P&Z Commission ADJOURNMENT Mayor Tom Reid adjourned the public hearing at 6:57 p.m. These minutes are respectfully submitted by: jwwa-- Alea Gonzales, Office Assistant Minutes approved as submitted on this 13th day of January 2020 A.D. Mayor Tom Reid 2 JPH Minutes — November 18, 2019