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2021-01-11 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING MINUTES • MINUTES OF A CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 11, 2021 AT 6:30 P.M., IN-PERSON AND VIA TELEPHONENIDEOCONFERENCE IN THE PEARLAND CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER - COUNCIL I PLANNING AND ZONING COMMISSION Mayor J. Kevin Cole called the meeting to order at 6:34 p.m. ROLL CALL-COUNCIL AND CERTIFICATION OF QUORUM Mayor J. Kevin Cole Mayor Pro-Tern J. David Little Councilmember Luke Orlando Councilmember Tony Carbone Councilmember Alex Kamkar Councilmember Adrian Hernandez Councilmember Trent Perez Councilmember Woody-Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Crystal Roan Others present: Deputy City Manager Trent Epperson, Assistant City Manager Ron Fraser, Deputy City Attorney Lawrence Provins, Planner II Florence Buaku, Senior Planner Mohamed Bireima, Assistant Director of Engineering Rajendra Shrestha, Staff Assistant Shelby Lowe, Director of Communication Joshua Lee, and Planning Manager Martin Griggs. ROLL CALL - PLANNING AND ZONING AND CERTIFICATION OF QUORUM Commissioner Henry Fuertes. Commissioner Brandon Dansby Commissioner Darrell Isenberg Commissioner Ashlee Boswell Commissioner Layni Cade Commissioner Andrew Earles Commissioner Jennifer Henrichs INTRODUCTION OF AGENDA AND FORMAT OF HEARING Planning Manager Martin Griggs introduced the agenda and format of the Joint Special Meeting. JOINT SPECIAL MEETING NO. 1 A request by Theresa G. Moor, applicant, on behalf of Cynthia Bodine, owner, for approval of a Conditional Use Permit.(CUP)for Assisted Living use within the Neighborhood Service (NS) District, to accommodate an assisted living facility with a maximum of 16 beds on approximately 0.4135 acres of land; to wit: • City Council and Planning and Zoning Joint Special Meeting- 11 Jan 2021 Legal Description: Lot 16 and Lot 17, Block 2 of the Willowcrest Addition, Section 1, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in Volume 9, Page 90 in the Official Public Records of Brazoria County, Texas. • General Location: 2315 & 2317 Cedar Street, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT • Senior Planner Mohamed Bireima gave the Staff Report. 2. APPLICANT PRESENTATION Craig Garcia, representing Gage Architecture, Inc.,spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Rebecca Dunaway, 2302 Cunningham Dr., spoke in opposition of the proposed request. She stated her concerns regarding flooding and traffic. John Shaw, 2310 Cedar, spoke in opposition of the proposed request. He stated his concerns regarding parking, traffic, and reduction in realty values. Jiro, Jimmy Changas Manager, translated for Manuel Serrono, 2313 Cedar. He spoke in opposition of the proposed request. He stated his concerns regarding traffic and possible • disruption of his family's way of life. Michelle Cox, 5808 Little Grove Drive, spoke in opposition of the proposed request. She stated her concerns regarding traffic and flooding. Connie Perrard, 2314 Cedar St., spoke in opposition of the proposed request. She stated her concerns regarding traffic and sewer. Albert Ball, 5107 Halbert Dr., spoke in opposition of the proposed request. He stated his concerns regarding increased traffic due to dump trucks, grease trap extractions, and 18 wheelers. Dr. Pamala Kennard, 2206 Willow Blvd., spoke in opposition of the proposed request. She stated her concerns regarding flooding and traffic. Dawn Meade, 2407 Halbert Dr., spoke in opposition of the proposed request. She stated her concerns regarding traffic. Ruby Sanders, 2402 Francis Drive, spoke in opposition of the proposed request. She stated her concerns regarding sewer, flooding, traffic, and safety of children in the neighborhood. City Council and Planning and Zoning Joint Special Meeting-11 Jan 2021 PLANNING COMMISSION/COUNCIL/STAFF DISCUSSION . 1. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission discussed the project.. 2. CITY COUNCIL The City Council discussed the project. 3. STAFF WRAP UP Planning Manager Martin Griggs gave the Staff Wrap Up. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution R2020- CUP20-00021 -A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow Assisted Living use within the Neighborhood Service(NS) District, on approximately 0.4135 acres of land, being described as all of Lot 16 and Lot 17, Block 2 of the Willowcrest Addition, Section 1, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in Volume 9, Page 90 in the Official Public Records of Brazoria County, Texas (2315 & 2317 Cedar Street, Pearland, Texas).Conditional Use Permit Application No CUP20-00021, within the Neighborhood Service (NS) District, at the request of Theresa G. Moor, applicant, on behalf of Cynthia Bodine, 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 Mayor Pro-Tern Little, to adopt Resolution R2020- CUP20-00021. AYES: None. • NAYS: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens. The motion failed. JOINT SPECIAL MEETING NO. 2 A request by Hamza Khan, applicant, on behalf of DT518 Partners Ltd., owner,for approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) within the General Business (GB) District, to accommodate a retail vape shop within a 1,500-square foot lease space, on approximately a 3.8192-acres lot; to wit: Legal Description: Lot A-1, Block 1 of Corrigan Plaza, Section 1, Replat No. 1, being an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2008043428 the Official Public Records of Brazoria County, Texas. General Location: 5402 Broadway Street, Ste. No. 106, Pearland, Texas. City Council and Planning and Zoning Joint Special Meeting-11 Jan 2021 APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT - Senior Planner Mohamed Bireima gave the staff report. 2. APPLICANT PRESENTATION Hamza Khan, representing Puff Zone Smoke&Vape Shop, spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Jimmy Davis, 5004 Colmesneil St., spoke in opposition of the proposed request. PLANNING COMMISSION/COUNCIL/STAFF DISCUSSION 1. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission discussed the project. 2. CITY COUNCIL • _ The City Council discussed the project. • 3. STAFF WRAP UP Planning Manager Martin Griggs gave the Staff Wrap Up. CITY COUNCIL NEW BUSINESS • Consideration and Possible Action - Resolution R2020-CUP20-00023 -A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow Cigars,Tobacco or E-Cigarettes Shop (Retail Only)within the General Business (GB) District, on approximately 3.8192 acres of land, being described as all of Lot A-1, Block 1 ' of Corrigan Plaza, Section .1, Replat No. 1, being an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2008043428 the Official Public Records of Brazoria County, Texas (5402 Broadway Street, Ste No. 116, Pearland, Texas).Conditional Use Permit Application No CUP20-00023, within the General Business (GB) District, at the request of Hamza Khan, applicant, on behalf of DT518 Partners Ltd., 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 Mayor Pro-Tem Little, to adopt Resolution R2020- CUP20-00023. AYES: Kamkar, Little. NAYS: Orlando, Carbone, Hernandez, Perez, Owens. • The motion failed. JOINT SPECIAL MEETING NO. 3 • A request by Bejoy Joseph, applicant, on behalf of Silverlake Village, LP, owner, for approval of a Conditional.Use Permit (CUP) for Liquor/Package Store within the General ' Business (GB) District, to accommodate a liquor retail store within a 1,190 square foot • leased space within the existing shopping center, on approximately 1.2457-acre lot; to wit: City Council and Planning and Zoning Joint Special Meeting-11 Jan 2021 • • Legal Description: Restricted Reserve "D", Block 1 of Cullen Crossing, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in Volume 21, Pages 13-14, in the Official Public Records of Brazoria County, Texas. General Location: 8321 Broadway Street, Ste No. 116, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Planner II Florence Buaku gave the Staff Report. . 2. APPLICANT PRESENTATION Beyjoy Joseph, representing, Jellos LLC dba Jellos Liquor, spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST James Thomas, 13608 Violet Bay Ct., spoke in support of the proposed request. Sibu Tom, 13608 Violet Bay Ct., spoke in support of the proposed request. PLANNING COMMISSION/COUNCIL/STAFF DISCUSSION 1. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission discussed the project. 2. CITY COUNCIL The City Council discussed the project. 3. STAFF WRAP UP Planning Manager Martin Griggs gave the Staff Wrap Up. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution R2020- CUP20-00025 -A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP)'to allow a liquor/package store within the General Business (GB) District, on approximately 1.2457 acres of land, being Restricted Reserve"D", Block 1 of Cullen Crossing,an addition in the City of Pearland, Brazoria County, Texas, according'to the plat recorded in Volume 21, Pages 13-14, in the Official Public Records of Brazoria County, Texas (8321 Broadway Street,Ste No. 116, Pearland,Texas). Conditional Use Permit Application No CUP20-00025, within the General Business (GB) District, at the request.of Bejoy Joseph, applicant, on behalf of Silverlake Village, LP, 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 Owens, to adopt Resolution R2020- CUP20-00025. City Council and Planning and Zoning Joint Special Meeting-11 Jan 2021 AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez. NAYS: Owens. The motion carried. Resolution R2020- CUP20-00025 is adopted. ADJOURNMENT Mayor Cole adjourned the meeting at 8:43 p.m. Minutes approved as submitted and/or corrected this the 25th day of January 2021. d � . Kevin Cole Mayor ATTE : Crys a oan TRMC, CMC City Secretary • ‘. MA I • City Council and Planning and Zoning Joint Special Meeting-11 Jan 2021