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2019-12-16 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, DECEMBER 16, 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 7:22 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 Trent Perez Council Member Woody Owens P&Z Chairperson Daniel Tunstall P&Z Commissioner Ashley Boswell P&Z Commissioner Ronald Wicker P&Z Commissioner Layni Cade P&Z Commissioner Andrew Bearles Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner Samin Bazargan, Planner Vince Hustead, Assistant Director of Engineering Raj Shrestha, Assistant Director of Traffic Ryan McKinnis and Assistant Engineer Rasika Perera P&Z Chairperson Tunstall read into the record the purpose of the Hearing PURPOSE OF HEARING ZONE CHANGE APPLICATION NUMBER ZONE 19-00025 A request by Tessie Gurley, applicant, on behalf of Barclay Barnett, owner, for approval of a zoning change from Single-family Residential -2 (R-2) District and Office & Professional District (OP) to Neighborhood Service District (NS), on approximately 0.86 acres of land; to wit: Legal Description: Being all of Lot 1, Block 1 of the Tessie's Place Addition, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2019038486 of the Official Public Records of Brazoria County, Texas. General Location: 4806 & 4904 W. Walnut Street, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY Planner Bazargan presented the staff report with exhibits and informed that zero calls or comment forms were received for this request. The proposed zone change from R-2 and OP to NS meets the criteria for approval; therefore, staff recommends approval. Applicant Tessie Gurley, 4417 Champions Ct. League City TX 77573, gave a brief JPH Minutes — December 16, 2019 explanation for the proposal and was available for comments and questions. No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Resident Albert Gonzalez, 4911 Silsbee Pearland TX 77581 spoke in opposition of the request. Resident Mrs. Atkinson, 2609 McLean Pearland TX 77581 spoke in opposition of the request. Resident Jenny Jordan, 2609 McLean Pearland TX 77581 spoke in opposition of the request. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION A discussion by staff and City Council ensued for rear setbacks, light requirements, uses for Neighborhood Services (NS), the impact of other businesses if the proposal was approved. A discussion on landscaping, fagade, and screening ensued. Planning Manager Griggs informed the zoning of office professional (OP) was roughly done in 2006-2008. P&Z Commissioner Wicker comments the building should stay as is. Commissioner Cade abstained from discussion due to having a personal relationship with the applicant. Commissioner Earles asked for the screening requirements, Planning Manger Griggs explained the buffer options. Commissioner Boswell would vote to stay the way it is presently because of the potential future uses that may be presented if the zone change is approved. Chairperson Tunstall asked for the zoning of the three properties surrounding the said property. Mr. Tunstall would be a no vote due to the potential of a convenience store with gas sales allowed to permit by right with that type of zoning. Councilmember Moore asked staff if detention would be required, Planning Manger Griggs informed it would be required. P&Z Chairperson Tunstall read into the record the purpose of the Hearing PURPOSE OF HEARING ZONE, CHANGE APPLICATION NUMBER ZONE 19-00026 A request by the City of Pearland, applicant, on behalf of the City of Pearland and Gulf Coast Water Authority, owner, for approval of a zoning change from the interim Suburban Development (SD) District to Suburban Residential -15 District (SR -15), on approximately 100.29 acres of land; to wit: Legal Description: Tract (1): 2.00 acres Out of Lots 11, 20, and 29, Section 2, Allison - Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (2): 57 Acres out of Lot 6, Section 2, Allison -Richey Gulf Coast Home Company Subdivision and J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (3): 36 acres out of Lots 3, 11, 12, 20, 21, 29 and 30, Section 2, Allison -Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (4): 7 acres out of Lots 3, 11, 20, and 29, Section 2, Allison- JPH Minutes — December 16, 2019 Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. General Location: West of County Road 48 between County Road 59 and County Road 895, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY Planner Bireima presented the staff report with exhibits. The proposed zoning classification of SR -015 provides the best fit for this municipal use and consistent with the Comprehensive Plan and the 2015 Future Land Use Plan; therefore, staff recommends approval. No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Discussion ensued on the reason for the re -zoning and the allowable uses for Single - Resident 15 (SR -15), Planner Bireima explained what the Unified Development Code (UDC) allowed. No comments or question from the P&Z Commission ADJOURNMENT Mayor Tom Reid adjourned the public hearing at 8:09 p.m. These minutes are respectfully submitted by: 7' / Minutes approved as submitted on this 13h day of January 2020 A.D. Mayor Tom Reid JPH Minutes — December 16, 2019 MINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 16, 2019, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order 8:09 p.m. with the following present: Mayor Tom Reid P&Z Commissioner Ashlee Boswell Mayor Pro -Tem J. David Little P&Z Commissioner Ronald Wicker Councilmember Luke Orlando P&Z Commissioner Andrew B. Earles Councilmember Tony Carbone P&Z Commissioner Daniel Tunstall Councilmember Gary Moore P&Z Commissioner Layni Cade Councilmember Hernandez Councilmember Trent Perez Councilmember Woody Owens Deputy City Manager Jon Branson City Attorney Darrin Coker Interim City Secretary Maria Rodriguez Absent: Commissioner Mary Starr Others in attendance: President of EDC Matt Buchanan, Assistant City Manager Trent Epperson, Director of Community Development John McDonald, Director of Engineering and Capital Projects Robert Upton, Assistant Chief — Community Risk Reduction Roland Garcia, Grants - Special Projects Administrator Joel Hardy, Communications Director Joshua Lee, and Deputy City Attorney Lawrence Provins. JOINT SPECIAL MEETING NO. 1 A request by Jennifer Evans, representing Signature Companies, applicant, on behalf of Fite Interests Ltd., owner, for approval of a Conditional Use Permit (CUP) to allow the installation of a hundred and fifty feet (150') tall wireless communications tower on approximately 0.79 acres of land within the General Business (GB) District; to wit: Legal Description: A tract or parcel containing 0.7923 acres or 34,515 square feet of land, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 309, Brazoria County, Texas, being all of a called 0.331 -acre tract of land (known as Parcel "B"), and a portion of a called 0.2163 acre tract of land (known as Parcel "C") conveyed to Fite Interests, Ltd. As recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2018064764, and all of a called 0.0864 -acre tract of land conveyed to Fite Interests Ltd. As recorded under B.C.C.F No. 2019021953. General Location: Southeast Corner of Cullen Parkway and Old Chocolate Bayou Road, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT: Senior Planner Mohamed Bireima provided an overview of the Conditional Use Permit. December 16, 2019 APPLICANT PRESENTATION Jennifer Evans, Signature Companies, 9525 Katy Freeway, Suite 125 Houston. provided context for the proposed development. She stated Fite Interests Ltd. currently owns the property. The owner seeks approval of a conditional use permit to allow the carrier to build a cellular communication tower on a portion of their property. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Domodar Battu, 6910 Diamond Court, Missouri City, spoke in opposition of the proposed cellular communication tower. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission discussed the principal corridor district criteria and visibility of the tower. CITY COUNCIL Council discussed the design aesthetics of the cellular tower and the overlay requirements. STAFF WRAP UP: None CITY COUNCIL NEW BUSINESS Council Action - Resolution No. R2019- CUP19-00019 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a cellular communication tower on approximately 0.79 acres of land within the General Business (GB)District, being a tract or parcel containing 0.7923 acres or 34,515 square feet of land, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 309,Brazoria County, Texas, being all of a called 0.331 -acre tract of land (known as Parcel "B"), and a portion of a called 0.2163 acre tract of land (known as Parcel "C") conveyed to Fite Interests, Ltd. As recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2018064764, and all of a called 0.0864 -acre tract of land conveyed to Fit Interests Lt. As recorded under B.C.C.Fan. 2019021953 (Located at the southeast Corner of Colleen Parkway and Old Chocolate Bayou Road). Conditional Use Permit Application No CUP19 -00019, within the General Business (GB) District, at the request of Jennifer Evans, representing Signature Companies, applicant, on behalf of Fite Interests 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 No. R2019- CUP19-00019. Councilmember Perez made a motion to postpone this item to allow the applicant additional time to present a aesthetic options for this project. The motion died for a lack of second. AYES: Carbone Little, Hernandez, Moore, Owens, Orlando. NAYS: Perez. The motion carried. Resolution No. R2019- CUP19-00019 is adopted. ADJOURNED: 8:45 p.m. City of Pearland Joint Special Meeting December 16, 2019 JOINT SPECIAL MEETING NO. 2 A request by Signature Companies represented by Jennifer Evans, applicant, on behalf of PHE-1128 Interests Ltd., owner, for approval of a Conditional Use Permit to allow mini-warehouse/self-storage on approximately 2.83 acres of land within the General Business (GB) District; to wit: Legal Description: All of Lot 1-A, 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, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT: Planner II Florence Buaku, provided an overview of the Conditional Use Permit to allow a mini-warehouse/self-storage facility within the General Business District. APPLICANT PRESENTATION Jennifer Evans, Signature Companies, 9525 Katy Freeway, Suite 125, Houston gave a brief overview of the project. PLANNING COMMISSION/COUNCIL/STAFF DISCUSSION Planning and Zoning Commission discussion ensued regarding the location of the self -storage facility. CITY COUNCIL: Council discussion ensued regarding the number of storage facilities in Pearland, the location of the development, and aesthetic requirements. CITY COUNCIL NEW BUSINESS Consideration and Acton - Resolution No. R2019-CUP19-00023 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a Mini-warehouse/Self-Storage facility in General Business (GB) District, being All of Lot 1-A, 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. (2832 Manvel Road, Pearland, TX) Conditional Use Permit Application No CUP19-00023, within the General Business (GB) District, at the request of Signature Companies represented by Jennifer Evans, applicant, on behalf of PHE- 1128 Interests Ltd., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Owens made the motion, seconded by Councilmember Hernandez, to approve Resolution No. R2019-CUP19-00023. Councilmember Perez made a motion, seconded by Councilmember Owens, to amend the main motion to require the use of masonry as the building material for this project. Mayor Reid called for the vote on the amended motion. AYES: Hernandez, Perez, Owens. NAYS: Orlando, Carbone, Little, Moore. The motion failed. City of Pearland Joint Special Meeting December 16, 2019 Mayor Reid called for the vote on the original motion. AYES: Orlando, Carbone, Little, Moore NAYS: Owens, Perez, Hernandez. The motion carried. Resolution No. R2019-CUP19-00023 is adopted. ADJOURNED at 9:18 p.m. JOINT SPECIAL MEETING NO. 3 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. 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 County Clerk's 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- Senior Planner Mohamed Bireima, provided an overview of the Conditional Use Permit to allow an auto repair minor establishment on an undeveloped lot located within the Center at Pearland Parkway Planned Development. APPLICANT PRESENTATION Mark Sondock, 3310 Cloverdale Houston, gave an overview of the project. PLANNING AND ZONING COMMISSION Planning and Zoning Commission discussion ensued regarding the use of this development on Pearland Parkway. CITY COUNCIL: Council discussion ensued regarding incorporating the site plan into the Ordinance reading. STAFF WRAP UP: None CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2019- CUP19-00024 - 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 CUP19-00024, 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, as severability clause, and an effective date and other provisions related to the subject. City of Pearland Joint Special Meeting December 16, 2019 Mayor Pro -Tem Little made the motion, seconded by Councilmember Hernandez, to approve Resolution No. R2019- CUP19-00024. Deputy City Attorney Lawrence Provins stated no further amendment is needed at this time because the proposed ordinance includes the site plan, the elevations, and the landscaping. AYES: Carbone, Little, Moore, Perez. NAYS: Hernandez, Owens, Orlando The motion carried. Resolution No. CUP19-00024 is adopted. ADJOURNED: 9:47 p.m. JOINT SPECIAL MEETING NO. 4 A request by Mengjia Zhang, applicant, on behalf of KDTC Investments LLC, owner, for approval of a Conditional Use Permit (CUP) to allow a foot massage establishment on approximately 0.28 acres of land within the General Business (GB) District; to wit: Legal Description: Tract II in Tract C of a subdivision of Section No. 1, A.C.H. & B.R.R. Co., Abstract No. 147 of Brazoria County, Texas. General Location: 3526 Broadway Street, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT - Planner I Samin Bazargan , provided an overview of the Conditional Use Permit to allow a foot massage establishment in a lease space within the existing 4,500 square feet multi - tenant building within the General Business District. APPLICANT PRESENTATION Mengjia Zhang, 2714 Westland, Pearland, applicant and translator Colleen Chang, 13302 Olive Trail Houston, stated this is a foot massage establishment to help relieve muscle pain and soreness from sports. PLANNING AND ZONING COMMISSION Discussion ensued between the Planning and Zoning Commission and Staff regarding specifications and limitations included in the applicant's packet and requirements adopted by the Unified Development Code. CITY COUNCIL Council general consensus was there are no objections if the conditions are adhered by the applicant. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2019- CUP19-00025 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a foot massage establishment in General Business (GB) zone district. Being Tract II in Tract C of a subdivision of Section No. 1, A.C.H. & B.R.R. Co., Abstract No. 147 of Brazoria County, Texas (Located at 3526 Broadway Street, Pearland, TX). Conditional Use Permit Application No CUP19-00025, within the General Business (GB) District, at the request of Mengjia Zhang, applicant, on behalf of KDTC Investments LLC, owner, City of Pearland Joint Special Meeting December 16, 2019 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 No. R2019- CUP19-00025. AYES: Moore, Perez, Owens Orlando, Carbone, Little, Hernandez. NAYS: None. The motion carried. Resolution No. R2019- CUP19-00025 is adopted. ADJOURNED: 10:08 p.m. Minutes approved as submitted and/or corrected this the 13th day of July 2020. r Tom Reid T "- LA/�/�''•••• Mayor �• Cry al Roan TRMC, CMC City Secretary v City of Pearland Joint Special Meeting December 16, 2019