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2021-03-15 CITY COUNCIL AND PLANNING AND ZONING JOINT SPECIAL MEETING MINUTES• MINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, fD, TEXAS, HELD ON MARCH 15, 2021 VIA TELEHONENIDEO-CONFERENCE ENCE AT 6:30 P.M., IN THE COUNCIL CHAMBERS, PEARLAND CITY HALL, 3519 LIBERTY DRIVE, E, PEAF LA iD, TEXAS. CALL TO ORDER Mayor J. Kevin Cole palled the meeting to order at 9:15 p.m. ROLL CALL- COUNCIL AND CERTIFICATION OF QUORUM Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Deputy City Secretary J. Kevin Cole Adrian Hernandez Luke Orlando Alex Kamkar J. David Little Woody Owens Clay Pearson Darrin Coker Renee Kross ROLL CALL - PLANNING AND ZONING AND CERTIFICATION OF QUORUM Commissioner Commissioner Commissioner Commissioner Commissioner CITIZEN COMMENTS There was one. Henry Fuertes Darrell Isenberg Ashlee Boswell Layni Cade Andrew Earles INTRODUCTION OF AGENDA AND FORMAT OF MEETING Planning Manager Martin Griggs introduced the agenda and format of the Joint Special Meeting. JOINT SPECIAL MEETING NO. 1 A request by Ginelle Baker, applicant and owner, for approval of a Conditional Use Permit (CUP)for Metal, Machine or Wood Shop use located within the Garden/O'Day Mixed Use (G/O-MU)District, to accommodate a metal shop specializing in making g ust m furniture within the existing warehouse building, on approximately 0.43 acres of land; to wit: Legal Description: Being a trat of land situated in the H.T. &13. Railroad Company Survey, section 8, Abtract No. 504, Brazoria County, Texas, same being a portion of Tract 44, Allison -Richey Gulf Coast Homes Company subdivision, a subdivision in Brazoria County, Teas, according to the plat recorded in Volume 2, Pages 23 and 24, Plat Records of Brazoria County, Texas. General Location: 2542 Garden Road, Pearland, Texas. City Council and Planning and Zoning Joint Special Meeting - Mar 15 2021 A. APPLICATION INFORMATION AND,CASE SUMMARY 1. STAFF REPORT Planner 11 Florence Buaku gave the Staff Report. 2. APPLICANT PRESENTATION Ginelle Baker, applicant and owner, spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR R AGAINST THE PROPOSED REQUEST There were none. B. 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. C. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2021- CUP2 I -00007 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a Metal, Machine or Wood Shop in the Garden O'Day Mixed Use GI -MU District, on approximately 0.43 acres of land, Being a tract of land situated in the H.T. B. Railroad Company Survey, Section 8, Abstract No. 504, Brazoria County, Texas, same being a portion of Tract 44, Allison -Richey 00 Coast Homes Company Subdivision, a subdivision in Brazoria County, Teas, according to the plat recorded in Volume 2, Pages 23 and 24, Plat Records of Brazoria County, Texas. (2542 Garden Road, Pearland, Texas). Conditional Use Permit Application No. CUP 21-00007, within the Garden O'Day Mixed Use(G/O-MU) District, at the request of Ginelle Baker, applicant and owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councitmember Orlando made the motion, seconded by C un ilmember Perez, to adopt Resolution R2021- CUP2 1.00007. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens. NAYS: None. The motion carried. R2021- 21- CUP2I-00007 is adopted. JOINT SPECIAL MEETING NO. City Council and Planning and Zoning Joint Special Meeting - Mar 15 2021 A request by Scott Short, applicant, on behalf of Robin D. Zapalac, owner, for approval of a Conditional Use Permit (CUP) for Church, Temple, or Place of Worship within the Single- family Residential -1 (R-1) District, -to accommodate the development of a 3,000 -square foot church on approximately 4.99 acres of land; to wit: Legal Description: The west one-half (W # of Lot 47, of the Allison Richey Gulf Coast Home Company subdivision, Section 19, H.T.B.R.R. CO. Survey 243, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. General Location: 2539 Zapalac Road, Pearland, Texas. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Senior Planner Mohamed Bireima gave the staff report. 2. APPLICANT PRESENTATION N Angie M ad, with St. Catherine of Alexandria Coptic Orthodox Church, spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There were none. B. 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. C. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2020- CUP2I -00005 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow Church, Temple, or Place of Worship use within the Single-family Residential -1 (R-1) Ditri t,en approximately 4.99 acres of land; being the west one-half (W1/2) of Lot 47, of the Allison Richey Gulf Coast Home Company subdivision, Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas (Located at 2539 Zapalac Road, Pearland, Texas). Conditional Use Permit Application No DUP2I-00005, within the Single-family Residential -1 (R-1) District, at the request by Scott Short, applicant, on behalf of Robin D. Zapalac, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. City Council and Planning and Zoning Joint Special Meeting - Mar 15 2021 C un ilmember Carbone made the motion, seconded by C un ilmember Perez, to adopt Resolution 82020- CUP21-00005. AYES: Carbone, Kamkar, Hernandez, Little, Perez, Owens. NAYS: None. The motion carried. R2020- CUP2I -00005 is adopted. JOINT SPECIAL MEETING N. 3 A request by Carlos Benavidez, applicant, on behalf of Pear Orchard Holdings LLC, owner, for approval of a Conditional Use Permit (CUP) for Liquor/Package Store Ideated within the General Business (GB) District, to accommodate a liquor retail store within a 1,200 -square foot lease space within an existing shopping center on 6.50 acres of land; to wit: Legal Description: Being all of Lot 1, Bleck 1 of Orchard Plaza, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2005004371, in the Official Plat Records of Brazoria County, Texas. General Location: 8201 Broadway Street, Ste No. 157B, Pearland, Texas. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Planner 1 Samin Bazargan gave the staff Report. 2. APPLICANT PRESENTATION Carlos Benavidez, applicant, spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST UEST There were{none. B. PLANNING COMMISSION/COUNCIL/STAFF DISCUSSION 5 1. PLANNING AND ZONING COMMISSION The Plannin6 and Zoning Commission discussed the project. 2. CITY COUNCIL The City Council discussed the project. 3. STAFF WRAP UP There was none. C. CITY COUNCIL NEW BUSINESS Consideration and Possible Action -Resolution No. R2021- CUP21-00001 - F Resolution of the City Council of the City of Pearland, Texas, approving a (CUP) for Liquor/Package Store located within the General .Business (GB) District, within a 1,200 -square foot lease space within an existing shopping center on 6.50 acres of land, Being all of Lot 1, Block 1 of Orchard Plaza, an addition in the City of Pearland, City Council and Planning and Zoning Joint Special Meeting - Mar 15 021 Brazoria County, Texas, according to the plat recorded in County Clerk's File N. 2005004371, In the official Plat Records of Brazoria County, Texas. (8201 Broadway Street, Ste N .1 7 , Pearland, Texas). Conditional Use Permit Application No. CUP 21-00001, within the General Business (GB) District, at the request of Carlos Benavidez, applicant and owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro -Tem Hernandez made the motion, seconded by Councilmember Perez, to adopt Resolution R2021- P21-00001. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez. NAYS: Owens. The motion carried. R2021- CUP21-00001 is adopted. JOINT SPECIAL MEETING NO. A request by Carrie Sheldon, HELM Design Group, applicant, on behalf of Kristofer Schoeffler, owner, for approval of a Conditional Use Permit (CUP) for Pet Care Facility/Animal Kennel (With Outdoor Pens) located within the General Commercial (GC) District, to accommodate an expansion of the existing animal hospital including outdoor pens, 9n 0.9635 acres of land; to wit: Legal Description: Being all of Lot 1, Block 1 of Pearland Animal Hospital, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in File No. 2011035769, in the Plat Records of Brazoria County, Texas. General Location: 1601 Main Street, Pearland, Texas. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Planner 11 Florence Buaku gave the staff Report. 2. APPLICANT PRESENTATION Kristofer Schoeffler, owner, spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There were none. B. PLANNING CO MISSION/C UNCIL 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 and Planning and Zoning Joint special Meeting - Mar 15 2021 D. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2021- DUP2I -00002 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow an Animal Hospital with Outside Pens in the General Commercial (GC) District, on approximately 0:9635 acres of land, Being all of Lot 1, Bleck 1 of Pearland Animal Hospital, an addition in the City of Pearland, Bra ria County, Texas, according to the plat recorded in File No. 2011035769, in the Plat Records of Bra oris County, Texas. (1601 Main Street, Pearland, Texas). Conditional Use Permit Application No. CUP 21-00002, within the General Commercial (GC) District, at the request of Carrie Sheldon, HELM Design Group, applicant, on behalf of Kristofer fer S hoeffler, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to .the subject. Councilmember Kami r made the motion, seconded by Councilmember Perez, to adopt Resolution R2021- UP21 -2. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens. NAYS: None. The motion carried. R2021- CUP2 -00002 is adopted. JOINT SPECIAL MEETING NO. A request by Senae Tate, The Roux Table, applicant, on behalf of Surjit Singh, owner, for approval of a conditional Use Permit (CUP) for a Restaurant(With No Drive -In or Drive- Thru Service) within the Light Industrial (M-1) District, to accommodate a restaurant with no drive-through service within a 1,512 -square foot space within an existing retail building located on 1.9755 acres of land; to wit: Legal Description: Being ail of Reserve "A", Block 1 of S. S. Sun Power IncReplat & Extension, an addition in the City of Pearland, Harris County, Texas, according to the plat recorded in County Clerk's File No. RP -2016-375068, in the Official Plat Records of Harris County, Texas. General Location: 2944 Sam Houston T ll ray E., Ste No. A, Pearland, Texas. A. APPLICATION INFORMATION AICD CASE SUMMARY 1. STAFF REPORT Planner 1 Sarin Bazargan gave the Staff Report. 2. APPLICANT PRESENTATION Senae Tate, applicant, spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There were none. City Council and Planning and Zoning Joint Special Meeting - Mar 15 2021 B. PLANNING COMMISSION/COUNCIL/STAFF DIS USSI N 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. C. CITY COUNCIL NEW BUSINESS ConMderation and Possible Action - Resolution No. R2020- CUP2 -00026 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a Restaurant (With No Drive -1n or Drive-Thru Service) within the Light Industrial M-1 District, Being all of Reserve "A", Block 1 of S. S. Sun Power incReplat & Extension, an addition in the City of Pearland, Harris County, Texas, according to the plat recorded in County Clerk's File No. RP -2016- 375068, P-2 16- 37 6 , in the Official Plat Records of Harris County, Texas. (Located at 2944 Sam Houston Tollway E., Ste No. A, Pearland, Texas.). Conditional Use Permit Application No DUP2 -00026, within the Light Industrial (M-1) District, at the request by Senae Tate, The Roux Table, applicant, on behalf of Surjit Singh, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Little made. the motion, seconded by Councilmember Perez, to adopt Resolution n F 2 2- CuP2 - 02 . AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens. NAYS: None. The motion carried. 82020- CUP20-00026 is adopted. JOINT SPECIAL MEETING N. 6 request by Samantha Peters, Harrison Kornberg Architects, applicant, on behalf of Larry Berger, Pearland Independent School District, owner, for approval of a Conditional Use Permit (CUP) for Radio orTelevision orMicr rave Towers (Commercial) within the Single- family Residential -12 (SR -12) District, to accommodate the installation of a short term (18- 24 month or less) research grade weather station consisting of two radars on the vacant parcel east of the Pearland Recreational Center and Natatorium, on approximately 61.154 acres of land; to wit: Legal Description: Being 61.154 acres out of Lot A, Block 1, ofthe Pearland Recreation n Center and Natatorium/ Pearland I.S.D. Athletic Complex, an addition in the City of Pearland, Brazoria County, Texas, recorded in County Clerk's File No. 2009018647, of the Official Plat Records of Brazoria D unty, Texas. City Council and Planning and Zoning Joint Special Meeting - Mar 15 2021 General Location: 3849 Bailey Road, Pearland, Texas. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Planner 1 Samin Bazargan gave the Staff Report. 2. APPLICANT PRESENTATION James Flynn, with University of Houston/Los Alamos National Laboratory, spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR R AGAINST THE PROPOSED REQUEST Brandy Turner, 3910 Littlebourne Lane, Pearland, Texas, spoke in opposition of the proposed request. Charles Jarvis, with WSP USA Buildings Inc, stated that he was available to answer any questions. B. 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. . STAFF WRAP UP There was none. C. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution N . R2021- DUP I -00006 - A Resolution of the City Council of the City of Pearland, Texas, approving a (CUP) for Radio or Television or Microwave Towers (Commercial) within the single-family Residential -12 (SR -12) District, on the vacant parcel east of the Peariand. Being 61.154 acres out of Lot A, Block 1, of the Pearland Recreation Center and Natatorium/ Pearland I.S.D. Athletic Complex, an addition in the City of Peariand, Brazoria County, Texas, recorded in County Clerk's File No. 2009018647, of the Official Plat Records of Brazoria County, Texas. (3849 Bailey Road, Pearland, Texas). Conditional Use Permit Application No. CUP 21-00006, within the Suburban Residential -12 (SR -12) District, at the request of Samantha Peters, Harrison Kornberg Architects, applicant, on behalf of Larry Berger, Pearland Independent School District, 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 Payr Pro -Tem Hernandez, to adopt Resolution CUP21- 0 0 with amendments to create .an expiration date of the CUP twenty-four (24) months from date of approval and a condition that the tower cannot be any closer to homes as currently shown on the site plan. City Council and Planning and Zoning Joint special Meeting - Mar 15 2021 �f r AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens. NAYS: None. The motion carried. CUP21-00006 is adopted with amendments to create an expiration date of the CUP twenty-four months from date of approval and a condition that the tower cannot be any closer to homes as currently shown on the site plan. JOINT SPECIAL MEETING NO. A request by Christian Piorkowski, applicant, on behalf of Vibhor Mehrotra, owner, for approval of a Conditional Use Permit (CUP) for Liquor/Package Store within the Kingsley and Broadway Planned Unit Development (PUD) District, to accommodate a liquor retail store within a 1,230 -square foot lease space within an existing retail center located • on 1.6677 acres of land; to wit: Legal Description: Being all of Reserve "B", Block 1 of Kingsley Retail Addition, an addition in the Pity of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2018048675, in the Official Plat Records of Brazoria County, Texas. • General Location: 12568 Broadway Street, Ste No. 180, Pearland, Texas. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Planner 11 Florence Buaku gave the staff Report. 2. APPLICANT PRESENTATION Christian Piorkowski, applicant, spoke regarding the proposed request. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST UEST There were none. B. PLANNING COMMISSION/COUNCIL/STAFF DIS USSI 1 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 There was none. D. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2020- - CUP2 -00027 - Feslutin of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a liquor/package store within, the Kingsley City Council and Planning and Zoning Joint Special Meeting - Mar 15 2021 and Broadway Planned Development (PD) District, on approximately 1.6677 acres of land, being all of Reserve "B", Block 1 of Kingsley Retail Addition, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2018048675, in the Official Plat Records of Bra ria County, Texas. (12568 Broadway Street, Ste No. 180, Pearland, Texas). Conditional Use Permit Application No. CUP 20-00027, within the Kingsley and Broadway Planned Development (PD) District, at the request of Christian Pirlwsi, applicant, on behalf of Vibhor Mehrotra, 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 Little, to adopt Resolution R2020- CUP2 -0 027. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez. NAYS: Owens. The motion carried. R2020- C P2 -00027 is adopted. ADJOURNMENT Mayor Cole adjourned the meeting at 11:05 p.m. Minutes approved as submitted and/or corrected this the 12th day of April 2021. T. `wry;' al Roan TRMC, CMC City Secretary Kevin Cole Mayor ‘‘‘ cV".1 !76. 1. it/ f%C;4 *s� ;� i # ■ s r 1/\ f1Ll,,1fl City Council and Planning and Zoning Joint Special Meeting - Mar 15 2021