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Home My WebLink About2019-10-07 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING MINUTESMINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 7, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order 6:55 p.m. with the following present: Mayor Mayor Pro-Tem Councilmember Councilmember Councilmember Councilmember Councilmember Deputy City Manager City Attorney Interim City Secretary Tom Reid J. David Little Luke Orlando Derrick Reed Gary Moore Trent Perez Woody Owens Jon Branson Darrin Coker Maria Rodriguez Absent: Councilmember Hernandez P&Z Commissioner Mary Starr P&Z Commissioner Ron Wicker P&Z Commissioner Thomas Duncan P&Z Commissioner Daniel Tinstall P&Z Commissioner Layni Cade P&Z Commissioner Andrew B. Earles P&Z Commissioner Troy Pradia Others in attendance: Matt Buchanan President of EDC, Trent Epperson Assistant City Manager, John McDonald Director of Community Development, Cynthia Pearson Director of Finance, Robert Upton Director of Engineering and Capital Projects, Joel Hardy Grants — Special Projects Administrator, John Knight IT Manager, Joshua Lee Communications Director and Lawrence Provins Deputy City Attorney. JOINT SPECIAL MEETING NO. 1 A request by Craig Garcia, applicant, on behalf of Dr. Tayray Jasmine, owner, for approval of a Conditional Use Permit (CUP) to allow an assisted living facility on 1.9 acres of land located within the Neighborhood Service Zoning District (NS); to wit: Legal Description: Being all of Lots 15 & 16, Block 3 of the Skyway Manor Subdivision, an addition in the City of Pearland, Brazoria County, Texas, as recorded in the in Volume 7, Page 67 of the Plat Records of Brazoria County, Texas. General Location: 2919 Manvel Road, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT: Planner Samin Bazargan reported on the Conditional Use Permit (CUP) to allow an assisted living facility on 1.9 acres of land located within the Neighborhood Service Zoning District (NS). Page 1 of 5 APPLICANT PRESENTATION: Applicant Craig Garcia addressed Council and stated the assisted living facility will look like a home and will model other assisting living facilities owned by the applicant. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST: Arn Pepin, no address provided, addressed Council and stated his concerns for lighting, type of fence that will be used, and potential for his property to not be able to drain during storm events. Tommy Vickner, 2940 Piper Road, addressed Council and spoke regarding his opposition to the proposed assisted living facility due to lighting, drainage, emergency vehicle traffic, and noise. Applicant Craig Garcia addressed Council regarding the issues presented by the residents. PLANNING AND ZONING COMMISSION: Commissioner Tinstall stated he is not opposed to the application and intended land use. CITY COUNCIL: Conversation ensued between Councilmember Owens and applicant Craig Garcia regarding the amount of beds in the facility and the building layout. Councilmember Perez stated he would like to amend the Conditional Use Permit to require a one candle light intensity at the property line. STAFF WRAP UP: None CITY COUNCIL NEW BUSINESS Council Action - Resolution No. R2019-CUP19-00012 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow an assisted living facility within Neighborhood District (NS) District, Being all of Lots 15 & 16, Block 3 of the Skyway Manor Subdivision, an addition in the City of Pearland, Brazoria County, Texas, as recorded in the in Volume 7, Page 67 of the Plat Records of Brazoria County, Texas. (Located at 2919 Manvel Rd. Pearland, TX). Conditional Use Permit Application No CUP19-00012, within the Neighborhood Service (NS) District, at the request of Craig Garcia, applicant, on behalf of Dr. Tayray Jasmine, 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 Moore to approve to amend Resolution No. R2019-CUP19-00012 to require a one candle light intensity at the property line Page 2 of 5 Voting "Aye" Councilmembers Perez, Owens, Orlando, Reed, Little and Moore. Voting "No" None. Motion Passed 6 to 0 as Amended with Councilmember Hernandez absent. JOINT SPECIAL MEETING NO. 2 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; to wit: 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 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: Planner Mohamed Bireima reported regarding the 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. APPLICANT PRESENTATION: Applicant Richard Gallegos, no address given, addressed Council and gave a brief overview of his business and the services they will provide. Mark Sonda, 3310 Cloverdale, addressed Council and spoke regarding the efforts of Valvoline to meet City criteria and be safe for the environment. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST: None. PLANNING AND ZONING COMMISSION: Commissioner Wicker stated based on issues brought up by staff he is against the use. Conversation ensued between Commissioner Earles and Planning Manager Martin Griggs regarding the history of automotive uses being required to obtain a Conditional Use Permit. Page 3 of 5 Commissioner Tinstall stated he is against the planned development due to it being against the recent changes to the Unified Development Code. CITY COUNCIL: Councilmember Orlando stated he is opposed to the planned development due to the negative recommendation from staff and the Planning and Zoning Board. Councilmember Little stated the planned building look is nice, but he has citizen comments against having the open bays facing Pearland Parkway. Applicant Richard Gallegos stated the site is not large enough to rotate the building but there will be shrubbery to block the view of the bays from Pearland Parkway. Councilmember Moore stated the reason for the update to the Unified Development Code was to prevent gas stations from being next to each other and to allow Council the ability to control what goes on Pearland Parkway. Councilmember Perez stated it is not ideal to have this on the corner, but the applicant is willing to do beautification to the site which another business may not be willing to do. Councilmember Owens stated he has issue with the planned development since so much money has been spent to beautify Pearland Parkway and there are existing businesses that provide the same type of service. Conversation ensued between Council and staff regarding the changes to landscaping requirements in an effort to provide more coverage and shade to the business, what conditions can be put on the facade and what services the City can limit the site to. STAFF WRAP UP: None. CITY COUNCIL NEW BUSINESS Council Action Resolution R2019 - CUP19-00013 - 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 CUP19-00013, 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, 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 R2019-CUP19-00013. Page 4 of 5 Councilmember Perez made the motion, seconded by Councilmember Moore to postpone Resolution No. R2019-CUP19-00013. Voting "Aye" Councilmembers Little, Moore, Perez. Voting "No" Councilmembers Owens, Orlando, Reed. In order to break the tie vote, Mayor Reid cast his vote. Voting "No" Mayor Reid. Motion failed 4 to 3 to postpone. Mayor Reid called for the vote on the original motion. Voting "Aye" Councilmembers Little, Moore, Perez. Voting "No" Councilmembers Owens, Orlando, Reed. In order to break the tie vote, Mayor Reid cast his vote. Voting "No" Mayor Reid Motion failed 4 to 3. ADJOURNMENT: Meeting was adjourned at 8:05 p.m. Minutes approved as submitted and/or corrected this the 27th day of April A.D., 2020. ATT Cry• al Roan, TRMC, CMC City Secretary Tom Reid Mayor Page 5 of 5