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2021-04-19 CITY COUNCIL AND PLANNING AND ZONING JOINT SPECIAL MEETING MINUTESMINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 19, 2021 VIA IN-PERSON/TELEPHONENIDEO-CONFERENCE AT 6:30 P.M., IN THE COUNCIL CHAMBERS, PEARLAND CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER Mayor J. Kevin Cole called the meeting to order at 6:35 p.m. ROLL CALL- COUNCIL AND CERTIFICATION OF QUORUM Mayor J. Kevin Cole Mayor Pro -Tem Adrian Hernandez Councilmember Luke Orlando Councilmember Tony Carbone Councilmember J. David Little Councilmember Trent Perez Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Crystal Roan Councilmember Alex Kamkar was absent. ROLL CALL - PLANNING AND ZONING AND CERTIFICATION OF QUORUM Commissioner Henry Fuertes Commissioner Brandon K. Dansby Commissioner Darrell Isenberg Commissioner Ashlee Boswell Commissioner Layni Cade Commissioner Andrew Earles Commissioner Jennifer Henrichs CITIZEN COMMENTS There was none. INTRODUCTION OF AGENDA AND FORMAT OF HEARING Planning Manager Martin Griggs introduced the agenda and format of the hearing. JOINT SPECIAL MEETING NO. 1 A request by David Rimes, applicant, on behalf of Ahmed H. Jafferally, owner, for approval of a Conditional Use Permit (CUP) for Auto Wash within the General Business (GB) District of the Stonebridge Planned Unit Development (PUD), to accommodate the development of a full service/express car wash facility, on approximately 1.604 acres of land; to wit: Legal Description: Being 1.6035 acres or 69.855.05 square feet of land, being all of Lot 1, Block 1 of "Replat of Tract "A" of the Amending Plat of Stonebridge Section 1, recorded in City Council and Planning and Zoning Joint Special Meeting - Apr 19 2021 Clerk's File No. 2008053526 of the Brazoria County Plat Records, in the D.H.M. Hunter Survey, Abstract No. 76, Brazoria County, Texas. General Location: 1840 Pearland Parkway, Pearland, Texas. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Senior Planner Mohamed Bireima presented the staff report. 2. APPLICANT PRESENTATION David Rimes, applicant, gave an overview of the proposed project. 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 presented the Staff Wrap Up. C. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2021- CUP21-00003 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Auto Wash use within the General Business (GB) District of the Stonebridge Planned Unit Development (PUD), on approximately 1.6035 acres of land; being all of Lot 1, Block 1 of "Replat of Tract "A" of the Amending Plat of Stonebridge Section 1, recorded in Clerk's File No. 2008053526 of the Brazoria County Plat Records, in the D.H.M. Hunter Survey, Abstract No. 76, Brazoria County, Texas (Located at 1840 Pearland Parkway, Pearland, Texas). Conditional Use Permit Application No CUP21-00003, for Auto Wash use within the General Business (GB) District of the Stonebridge Planned Unit Development, at the request of David Rimes, applicant, on behalf of Ahmed H. Jafferally, 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 Perez, to adopt Resolution No. R2021- CUP21-00003. Councilmember Kamkar made the motion to amend the conditional approval based on the need for a noise study and to revise the criteria for the northern boundary. The motion failed for lack of a second. City Council and Planning and Zoning Joint Special Meeting - Apr 19 2021 Councilmember Perez made the motion to modify the motion to require the same standards for this project as the City required for the Valvoline project, as to be defined by staff. The motion failed for lack of a second. Mayor Cole called for the vote on the original motion. AYES: Orlando, Carbone, Little, Perez, Owens. NAYS: Kamkar, Hernandez. The motion carried. Resolution No. R2021- CUP21-00003 is adopted. JOINT SPECIAL MEETING NO. 2 A request by Jawad Zaid, applicant, on behalf of Jose Mejia, owner, for approval of a Conditional Use Permit (CUP) for Dwelling -Two -Family use within the Old Townsite Mixed Use (OT -MU) District, to accommodate two (2) duplex buildings on 0.2869 acres of land; to wit: Legal Description: Being all of Lots 1, 2 & 3, Block 1 of Park Avenue Place, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2018003429, in the Official Plat Records of Brazoria County, Texas. General Location: 2529, 2531 & 2533 Park Avenue, Pearland, Texas. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Planner I Samin Bazargan presented the Staff Report. 2. APPLICANT PRESENTATION Jawad Zaid, applicant, gave an overview of regarding the proposed project. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Paul Eskine, Houston Aircraft Instruments, spoke in opposition of the proposed request. Rick Simms, 1931 Timber Creek, spoke in opposition of the proposed request. 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. City Council and Planning and Zoning Joint Special Meeting - Apr 19 2021 3. STAFF WRAP UP Planning Manager Martin Griggs presented the Staff Wrap Up. C. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2021- CUP21-00008 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow Dwelling -Two -Family use within the Old Townsite Mixed Use (OT -MU) District, on 0.2869 acres of land; being all of Lots 1, 2 & 3, Block 1 of Park Avenue Place, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2018003429, in the Official Plat Records of Brazoria County, Texas.. (Located at 2529, 2532 & 2533 Park Avenue, Pearland, Texas). Conditional Use Permit Application No CUP21-00008, within the Old town Mixed use (OT -MU) District, at the request by Jawad Zaid, applicant, on behalf of Jose Mejia, 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 -Tem Hernandez, to adopt Resolution No. R2021- CUP21-00008. Mayor Pro -Tem Hernandez made the motion, seconded by Councilmember Owens, to amend the motion to postpone Resolution No. R2021- CUP21-00008 to a future meeting. AYES: Kamkar, Hernandez, Little, Owens. NAYS: Carbone, Perez, Orlando. The motion carried. Councilmember Kamkar made the motion, seconded by Mayor Pro -Tem Hernandez, to reconsider Resolution No. R2021- CUP21-00008. AYES: Orlando, Carbone, Kamkar, Hernandez, Perez, NAYS: Little, Owens. The motion carried. AYES: None. NAYS: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. ABSTAIN: Perez. The motion failed. JOINT SPECIAL MEETING NO. 3 A request by Jim McSherry, GPD Group, applicant, on behalf of Pasadena Independent School District, owner, for approval of a Conditional Use Permit (CUP) for a public school within the Single-family Residentail-1 (R-1) District, to accommodate a new intermediate school (grades 7-8), on approximately 20.96 acres of land; to wit: Legal Description: Being a 20.960 acre tract of land, being all of Lots 11-13, the remainder of Lot 4 and out of and a part of the remainder of Lots 3 and 5 of Section "G", Allison -Richey Gulf Coast City Council and Planning and Zoning Joint Special Meeting - Apr 19 2021 Homes Company Subdivision, recorded under Volume 4, Page 48 of the Harris County Map Records (H.C.M.R.) and being out of and a part of the remainder of the called 346.718 acre tract described in the deed to Meritage Homes of Texas, LLC, recorded under Harris County Clerk's File No. 20130470069. General Location: 8750 Hughes Road, Pearland, Texas. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Senior Planner Mohamed Bireima presented the staff report. 2. APPLICANT PRESENTATION Jim McSherry, applicant, spoke regarding the proposed project. 3. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Marie Flickinger, 10302 Sage Brooke, spoke in support of the proposed request. DeeAnn Powell, Superintendent of Pasadena Independent School District, spoke in support of the proposed request. 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 presented the Staff Wrap Up. C. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution R2021- CUP21-00009 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) a Public School within the Single-family Residentail-1 (R-1) District, on approximately 20.96 acres of land; being a 20.960 acre tract of land, being all of Lots 11-13, the remainder of Lot 4 and out of and a part of the remainder of Lots 3 and 5 of Section "G", Allison -Richey Gulf Coast Homes Company Subdivision, recorded under Volume 4, Page 48 of the Harris County Map Records (H.C.M.R.) and being out of and a part of the remainder of the called 346.718 acre tract described in the deed to Meritage Homes of Texas, LLC, recorded under Harris County Clerk's File No. 20130470069 (Located at 8750 Hughes Road, Pearland, Texas). Conditional Use Permit Application No CUP21-00009, for a Public School within the Single- family Residentail-1 (R-1) District, at the request of Jim McSherry, GPD Group, applicant, on behalf of Pasadena Independent School District, 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 - Apr 19 2021 Mayor Pro -Tem Hernandez made the motion, seconded by Councilmember Perez, to adopt Resolution R2021- CUP21-00009. AYES: Orlando, Carbone, Hernandez, Little, Perez, Owens. NAYS: None. ABSTAIN: Kamkar. The motion carried. Resolution R2021- CUP21-00009 is adopted. JOINT SPECIAL MEETING NO. 4 A request by Kristen McGinn, applicant, on behalf of Total Energy Investments, LLC, owner, for approval of a Conditional Use Permit (CUP) for a Gym/Health Club (Physical Fitness; Indoors Only) within the Light Industrial (M-1) District, to accommodate a fitness facility inside an existing 7,071 -square foot warehouse, on approximately 1.13 acres of land; to wit: Legal Description: Being a 1.13 -acre tract of land out of and a part of Lot 1, Block 1, Total Energy Pearland, an addition in the City of Pearland, County of Brazoria, according to the plat recorded in County Clerk's File No. 2014030687 in the Plat Files of Brazoria County, Texas. General Location: 3222 Main Street, Pearland, Texas. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Planner II Florence Buaku presented the Staff Report. 2. APPLICANT PRESENTATION Kristen McGinn, applicant, spoke regarding the proposed project. 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 There was none. C. CITY COUNCIL NEW BUSINESS City Council and Planning and Zoning Joint Special Meeting - Apr 19 2021 Consideration and Possible Action - Resolution No. R2021- CUP21-00010 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow Gym/Health Club (Physical Fitness; Indoors Only) within the Light Industrial (M-1) District, on approximately 1.13 acres, Being a 1.13 -acre tract of land out of and a part of Lot 1, Block 1, Total Energy Pearland, an addition in the City of Pearland, County of Brazoria, according to the plat recorded in County Clerk's File No. 2014030687 in the Plat Files of Brazoria County, Texas. (Located at 3222 Main Street, Pearland, Texas). Conditional Use Permit Application No. CUP21-00010, within the Light Industrial District, at the request of Kristen McGinn, applicant, on behalf Total Energy Investments LLC, 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 Mayor Pro -Tem Hernandez, to adopt Resolution No. R2021- CUP21-00010. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2021- CUP21-00010 is adopted. NEW BUSINESS A request by Allan Mueller, applicant, on behalf G & G Partners LLC, owner, for approval of extension of a previously approved Conditional Use Permit to allow an assisted living center within the Neighborhood Services (NS) District, on approximately 9.61 acres; to wit: Legal Description: Being a tract or parcel of land containing 9.6135 acres of land, (418,766 Square feet), out of lot 76, George W. Jenkins Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall survey. Abstract no. 70, according to the map or plat recorded in Volume 79, page 616, of Brazoria County, Texas. General Location: 3205 Dixie Farm Road, Pearland, Texas. Commissioner Fuertes recused himself from this item. Councilmember Perez recused himself from this item. A. APPLICATION INFORMATION AND CASE SUMMARY 1. STAFF REPORT Planner II Florence Buaku presented the Staff Report. 2. APPLICANT PRESENTATION There was none. B. PLANNING COMMISSION/COUNCIL/STAFF DISCUSSION City Council and Planning and Zoning Joint Special Meeting - Apr 19 2021 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. C. CITY COUNCIL NEW BUSINESS Consideration and Possible Action - Resolution No. R2020- CUP20-00005-1 - A Resolution of the City Council of the City of Pearland, Texas, approving an extension to R2020-CUP20-00005 that allows an assisted living center within the Neighborhood Services (NS) District, on approximately 9.61 acres, being a tract or parcel of land containing 9.6135 acres of land, (418,766 Square feet), out of lot 76, George W. Jenkins Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall survey. Abstract no. 70, according to the map or plat recorded in Volume 79, page 616, of Brazoria County, Texas (Located at 3205 Dixie Farm Road, Pearland, Texas). Councilmember Owens made the motion, seconded by Councilmember Little, to adopt Resolution No. R2020- CUP20-00005-1. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. Resolution No. R2020- CUP20-00005-1 is adopted. ADJOURNMENT Mayor Cole adjourned the meeting at 9:04 p.m. Minutes approved as submitted and/or corrected this the 10th day of May 2021. Cristal Roan TRMC, CMC City Secretary . Kevin Cole Mayor `1,1111111 D IIIA PP ,,1 4. ..�� ......11 4111111110 City Council and Planning and Zoning Joint Special Meeting - Apr 19 2021