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2020-09-08 CITY COUNICL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING MINUTESMINUTES OF A CITY COUNCIL AND PLANNING AND ZONING JOINT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 8, 2020 AT 6:30 P.M., VIA TELEPHONENIDEO CONFERENCE IN THE CITY HALL COUNCIL CHAMBER, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER: Mayor Reid called the meeting to order 8:35 P.M. ROLL CALL AND CERTIFICATION OF QUORUM FOR CITY COUNCIL: Mayor Mayor Pro- Tem Councilmember Councilmember Councilmember Councilmember City Attorney City Secretary Tom Reid J. David Little Luke Orlando Tony Carbone Adrian Hernandez Woody Owens Darrin Coker Crystal Roan Councilmembr Gary Moore was absent. Councilmember Trent Perez was absent. ROLL CALL AND CERTIFICATION OF QUORUM FOR PLANNING AND ZONING COMMISSION: Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Brandon Dansby Ron Wicker Layni Cade Andrew Earls Ashlee Boswell Henry Fuertes Jenifer Henrichs 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 City Engineer Parviz Pourazizian, Assistant Director of Engineering Raj Shrestha. INTRODUCTION OF AGENDA AND FORMAT OF HEARING Planning Manager Martin Griggs introduced the agenda and format of the Public Hearing. PURPOSE OF THE HEARING: Planning and Zoning Chair Cade stated the purpose of the hearing. JOINT SPECIAL MEETING NO. 1 A request by Valle Kauniste of Vallensons Brewing Company, applicant and owner, for approval of a Conditional Use Permit (CUP) to allow the expansion of an existing micro - brewery production facility within the Light Industrial (M-1) District, on approximately 1.0706 acres of land; to wit: Legal Description: Being all of Lot 3, Block 1 of the Rice Drier Road Development, an addition in the City of Pearland, Brazoria County, Texas, in accordance with the plat recorded in File No. 2015044145 of the Plat records of Brazoria County, Texas. General Location: 4081 Rice Drier Road, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT City Planner Florence Buaku provided an overview of the Staff Report. APPLICANT PRESENTATION Valle Kauniste of Vallensons Brewing Company, 3004 Summer Spring Lane, applicant and owner, provided an overview of the proposed expansion and Conditional Use Permit. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There were none. PLANNING COMMISSION/COUNCIL/STAFF DISCUSSION Council, Planning Commission, and Staff discussed the case. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2020-CUP20-00009 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow the expansion of an existing Micro -brewery Production Facility in the Light Industrial (M-1) District, Being all of Lot 3, Block 1 of the Rice Drier Road Development, an addition in the City of Pearland, Brazoria County, Texas, in accordance with the plat recorded in File No. 2015044145 of the Plat records of Brazoria County, Texas. (Located at 4081 Rice Drier Road, Pearland, TX) Conditional Use Permit Application No. CUP 20-00009, within the Light Industrial (M-1) zoning district, at the request of Valle Kauniste of Vallensons Brewing Company, applicant and owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Carbone made a motion, seconded by Councilmember Hernandez, to approve Resolution No. R2020- CUP20-00009. AYES: Orlando, Carbone, Little, Hernandez, Owens. NAYS: None. The motion carried. Resolution No. R2020-CUP20-00009 is adopted. JOINT SPECIAL MEETING NO. 2 PURPOSE OF THE HEARING: Planning and Zoning Chair Cade stated the purpose of the hearing. A. A request by Mohammad Darwish, applicant on behalf of BW Shadow Creek LLC, owner, for approval of a Conditional Use Permit (CUP) to allow a Self -Service Auto Wash, within the Shadow Creek Planned Development (PD) District, on approximately 0.7310 acres of land; to wit: Legal Description: Being a 0.7310 -acre parcel of land situated in the T.C.R.R. CO. Survey, Section 4, Abstract 675, in Brazoria County, Texas, and a portion of Lot "D" of Shadow Creek Ranch Commercial Site No. 18B, as recorded in File Number 2007035195 in the Public Records of Brazoria County, Texas. General Location: 11219 Shadow Creek Pkwy, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT Planning Manager Martin Griggs provided an overview of the purposed Conditional Use Permit. APPLICANT PRESENTATION Mohammad Darwish applicant on behalf of BW Shadow Creek LLC, owner, provided an overview of the purposed Conditional Use Permit. Daniel Blancas, 11219 Shadow Creek Parkway, Applicant was available for questions. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There were none. PLANNING COMMISSION/COUNCIL/STAFF DISCUSSION Planning Commission, Council and Staff discussed the case. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2020- CUP20-00010 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow Self -Service Auto Wash, within the Shadow Creek Planned Development (PD) District, being a 0.7310- acre parcel of land situated in the T.C.R.R. CO. Survey, Section 4, Abstract 675, in Brazoria County, Texas, and a portion of Lot "D" of Shadow Creek Ranch Commercial Site No. 18B, as recorded in File Number 2007035195 in the Public Records of Brazoria County, Texas (11219 Shadow Creek Pkwy, Pearland, Texas). Conditional Use Permit Application No CUP20-00010, within the Shadow Creek Planned Development, at the request of Mohammad Darwish, applicant on behalf of BW Shadow Creek LLC, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro -Tem Little made a motion, seconded by Councilmember Owens, to approve Resolution No. R2020- CUP20-00010. AYES: Orlando, Carbone, Little. NAYS: Hernandez, Owens. The motion carried. Resolution No. R2020-CUP20-00010 is adopted. JOINT SPECIAL MEETING NO. 3 PURPOSE OF THE HEARING: A request by Sally Shishani, Heights Engineering LLC, applicant, on behalf of Kashif Kabani of Mzayaan Property Inc, owner, for approval of a Conditional Use Permit (CUP) to allow a gasoline station and self-service auto wash in conjunction with a proposed convenience store within the Shadow Creek Planned Development (PD) District, on approximately 1.3859 acres of land; to wit: Legal Description: Being 1.3859 acres of land, being and part out of 7.709 Acres of land situated in the S.G Haynie Survey, Abstract 212, City of Pearland, Brazoria County, Texas, being a portion of that certain called 101.5204 acre tract conveyed to Pearland Instruments Limited Partnership by instrument of record under File No. 98-037347 and 98-037348 in the Official Records of Brazoria County, Texas. General Location: 12700 Shadow Creek Pkwy, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT Senior Planner Mohamed Bireima provided an overview of the proposed Conditional Use Permit. APPLICANT PRESENTATION There was no Applicant Presentation. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There were none. PLANNING COMMISSION/COUNCIL/STAFF DISCUSSION Planning Commission, Council and Staff discussed the case. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2020- CUP20-00012 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a gasoline station and selfservice auto wash in conjunction with a proposed convenience store within the Shadow Creek Planned Development, being 1.3859 acres of land, being and part out of 7.709 Acres of land situated in the S.G Haynie Survey, Abstract 212, City of Pearland, Brazoria County, Texas, being a portion of that certain called 101.5204 acre tract conveyed to Pearland Instruments Limited Partnership by instrument of record under File No. 98- 037347 and 98-037348 in the Official Records of Brazoria County, Texas (12700 Shadow Creek Pkwy, Pearland, Texas). Conditional Use Permit Application No CUP20-00012, within the Shadow Creek Planned Development, at the request of Sally Shishani, Heights Engineering LLC, applicant, on behalf of Kashif Kabani of Mzayaan Property Inc, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Owens made a motion, seconded by Mayor Pro -Tem Little, to approve Resolution No. R2020- CUP20-00012. AYES: Little. NAYS: Orlando, Carbone, Hernandez, Owens. The motion fails. ADJOURNMENT Mayor Tom Reid adjourned the meeting at 9:53 p.m. Minutes approved as submitted and/or corrected this the 26th day of October 2020. ATTEST: tal Roan TRMC, CMC Secretary .off -LA Tom Reid Mayor