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2019-06-17 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 17, 2019 AT 6:30 P.M., COUNCIL CHAMBERS, PEARLAND CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Mayor Tom Reid opened a series of public hearings at 6:55 p.m. The following were present: Council Member Luke Orlando P&Z Chairperson Daniel Tunstall Council Member Derrick Reed P&Z Vice — Chairperson Thomas Duncan Council Member Trent Perez P&Z Commissioner Mary Starr Council Member Gary Moore P&Z Commissioner Julie Ward Council Member Woody Owens P&Z Commissioner Troy Pradia P&Z Commissioner Layni Cade Also present were Deputy City Attorney Lawrence Provins, Community Development Director John McDonald, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner Vince Hustead, Director of Engineering Robert Upton, Assistant Director of Engineering Raj Shrestha and Office Assistant Alma Gonzales P&Z Chairperson Tunstall read into the record Zone Change Application No. Zone 19-00012 Council Member Perez recused himself and not Include himself in discussions from item no. one on the agenda due to advising one of the applicants prior to being elected to City Council. Senior Planner Bireima presented the order of agenda and format of the meeting PURPOSE OF HEARING Zone Change Application No. Zone 19-00012 A request by Kevin Cole, applicant, on behalf of Great Barrier, LLC (Series D), owner, for approval of a zoning change from General Commercial District (GC) to Planned Development District (PD), on approximately 0.439 acres of land; to wit: Legal Description: Tract (1): Being a tract containing 0.146 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.2152 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No. 2007037608; being out of and a part of Lots 5 and 6, JPH Minutes—lune 17, 2019 Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas. Tract (2): Being a tract containing 0.097 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.1435 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No. 2008057966; being out of and a part of Lot 9, Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas. Tract (3): Being the residue of Lots 7 and 8 of Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, out of Tract 6B of the Subdivision of Section No. 11, situated in the H.T. & B.R.R. Survey, Abstract No. 239, Brazoria County, Texas, described in Deed to Elias Garcia, Jr. and Eufemia Garcia recorded in Vol. 797, Page 386 of the Deed Records of Brazoria County, Texas, Less, Save and Except a previously conveyed 0.0689 acre tract recorded by Deed in File No. 2013033107 of the Official Records of Brazoria County, Texas. General Location: 3718, 3804 & 3808 E. Walnut Street, Pearland, Texas. APPLICATION INFORMATION AND CASE SUMMARY Senior Planner Mr. Bireima presented the Staff Report with exhibits informed there were no comments or inquiries received from the public and Staff recommended approval of the request for zone change from GC to Bakers Landing PD on the approximate 0.439 acres of land for the following reasons: (1) The land covered by the proposed PD addendum meets one or more of the criteria for a PD district classification; (2) The proposed PD addendum furthers the policies of the City's adopted Comprehensive Plan; (3) The proposed PD addendum results in a superior development than could not be achieved through conventional zoning classifications; (4) The proposed PD addendum resolves or mitigates any compatibility issues with surrounding development; and (5) The proposed uses in the proposed PD addendum are compatible with existing and planned adjoining uses. Applicant Representative, Kevin Cole with Great Barrier,LLC 3808 Houston Lake Dr. Pearland TX 77581, introduced Mrs. Karen Jantz with Bakers Landing Partnership, gave a brief presentation and was available for comments and questions. No Staff wrap up PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION No comments from City Council 1PH Minutes—June 17, 2019 No comments from the P&Z Commission P&Z Chairperson Tunstall read into the record Zone Change Application No. Zone 19-00013 PURPOSE OF HEARING Zone Change Application No. Zone 19-00013 A request by Chad Thumann, Sideline Investments, LLC., applicant, on behalf of THV Properties, LLC, owner, for approval of a zoning change from Single-family Estate District (R -E) to Single-family Residential -4 District (R-4), on approximately 79.1925 acres of land; to wit: Legal Description: Being all of a tract or parcel of land containing 79.1925 acres of land, part of so called West '/3 of the Northeast '/4 of Section 32, also being known as Lot 3-A, situated in the H.T. & B.R.R. Company Survey, Abstract No. 525, Brazoria County, Texas. General Location: 6700 Block of McKeever Road (CR 100), Pearland, Texas. Senior Planner Bireima presented the Staff Report with exhibits informed there were no comments or inquiries received from the public and Staff did not recommend approval of the requested zone change and does not meet the criteria for approval as follows: (1) The proposed zoning change for Single-family Residential -4 District (R4) is inconsistent with the policies of the adopted Comprehensive Plan, including the "Suburban Residential' classification of the property on the Future Land Use Map; (2) The proposed uses and density permitted by the proposed zoning change and the standards applicable to such uses are not appropriate in the immediate area of the land to be reclassified; and (3) The proposed zone change classification and residential density are not consistent with the existing plans for providing public schools, streets, water supply, sanitary sewers, and other public services and utilities to the area. Applicant, Chad Thumann with Sideline Investments, 7918 Broadway Pearland TX 77581, gave a brief presentation and was available for comments and questions. Planning Manager Mr. Griggs reminded City Council and the P&Z Commission that the zone request was for the land and all items mentioned were not a guarantee only a guarantee of possible smaller lots with the R4 request. Director of Engineering Mr. Upton discussed the Massey Oaks development water and sewer lines connections and dedicated portion of roadway associated with this property. Senior Planner Mr. Bireima explained the difference of zoning districts between the Massey Oaks development and the said property requesting the zone change. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST ENone JPH Minutes—lune 17, 2019 COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Owens asked applicant if this development would be beneficial with having 289 lots of R4 homes, Mr. Thumann explained it would benefit and was confident the zone change would be good. Director of Engineering Mr. Upton informed that preliminary drawings were being reviewed in terms of layouts of water lines. Council Member Owens added that he was not a big fan of R4 properties. Council Member Moore asked applicant why a zone change was requested and not presented as a Planned Development (PD), Mr. Thumann explained the process and expense would be lengthy. Council Member Perez informed that Mr. Thumann and he have business interests not related to this project. Mr. Perez asked Mr. Thomann if his intention was to get an average density of 6000, Mr. Thumann informed yes and he would not receive 100% of the MUD reimbursement. Mr. Perez asked City Attorney Darrin Coker if the request was changed to an R4 zone change could a max density of 30% or 5000 square feet be included in the development agreement, Mr. Coker explained the zoning designation. Mr. Trumann informed that he would be interested in a split zoning option. Council Member Reed agreed that a PD would be the way to go but also understood the costs associated with a PD. Director of Community Development McDonald informed of the Development Agreement for the property. Commissioner Ward asked in regards to notifications, what the existing Right of Way (ROW) was on McKeever Road, Planning Manager Griggs explained the property to the north is outside of the city limits therefore notifications did not get mailed to those properties. Vice Chairperson Duncan made a comment that the property should be re -zoned and not the development. Commissioner Starr was in favor of R4 zone change. Chairperson Tunstall was not in favor of R4 zoning and thought the options could be for a Planned Development (PD) or a Cluster Development. Commissioner Cade did not think a PD would be feasible. Mr. Thumann informed he was not interested in going through the PD process for this property. A discussion ensued regarding Cluster plans, R4 zoning and split zoning. Councilmember Perez discussed with Deputy City Attorney Provins and Mr. Thomann the approval of a zone change with a Cluster plan. Councilmember Moore asked about water and fire capabilities on the development, Director of Engineering Upton informed there would be infrastructure capabilities for future development. Councilmember Owens had concerns with the costs the applicant would endure if the zoning was approved for R4, Mr. Thomann explained the costs would mimic the Massey Oaks development. P&Z Chairperson Tunstall read into the record Zone Change Application No. Zone 19-00001 PURPOSE OF HEARING Zone Change Application No. Zone 19-00001 1 JPH Minutes—June 17, 2019 A request of Justin Barnett, R. West Development Co, Inc., applicant, on behalf of Triangle 31 LLC, owner, for approval of a zoning change from Single-family Residential -4 (R-4) and Light Industrial (M-1) to Planned Development (PD); on approximately 62.46 acres of land. Legal Description: Being a 62.46 acres tract of land located in the H.T. & B RR Company Survey, Abstract No. 551, Brazoria County, Texas, said 62.46 acre tract also being out of a called 38.57 acre tract conveyed to Forgotten Angels Inc. as per an instrument recorded under Brazoria County Clerk's File No. 05-002608 of the Official Records of Brazoria County, Texas and a called 31.628 acre tract as per an instrument recorded in Volume 92- 1024, Page 275 of the Official Records of Brazoria County, Texas. General Location: 3900 Block of Pearland Parkway, Pearland, Texas. Planning Manager Griggs presented the Staff Report with exhibits informed there were no comments or inquiries received from the public and Staff did recommend approval as follows: Staff recommends that additional precautions in the form of enhanced setbacks be made as part of the approval to ensure the safety of future residents of these properties. Staff recommends that a geotechnical report be approved prior to any building permits being issued for the areas previously within the boundaries of those former ponds. Applicant representative Justin Barnett, 7918 Broadway, Pearland TX 77581 was available for comments or questions. Planning Manager Griggs discussed the mobility deviation and the decrease in maximum building height. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Renee McGuire, 7918 Broadway #104, Pearland TX 77581, and Kevin Cole, 3808 Houston Lake Drive, Pearland TX 77581 were both in favor of the request. Ross Phillips, 4915 Pecan Grove dr., Pearland TX 77584 representing an adjacent property owner was opposed to the request. COUNCIL/PLANNING COMMISSIONISTAFF DISCUSSION Councilmember Perez had concerns with the thoroughfare egress on Industrial Drive. Councilmember Moore commented on the deviations in the Unified Development Code (UDC). Councilmember Owens had concerns with the needed development on Industrial Drive. Commissioner Starr thought it would be a good development and should move forward. Commissioners Cade, Pradia and Ward were in favor of the request and thought it would be an asset to the property. Chairperson Tunstall had concerns with the two large pipeline easements and the landfill that was 1,500 feet from the property, he would be opposed to the request. i Planning Manager Griggs added that this was a good project but not the right location. JPH Minutes — lune 17, 2019 ADJOURNMENT Mayor Tom Reid adjourned the public hearing at 8:48 p.m. These minutes are respectfully submitted by: J Alma Gonz I s, O is Assistant Minutes approved as submitted on this 9th day of September 2019 A.D. Mayor Tom Reid J n JPH Minutes—lune 17, 2019 MINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 17, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order 8:50 p.m. with the following present: Mayor Tom Reid P&Z Commissioner Mary Starr Mayor Pro -Tem Trent Perez P&Z Commissioner Thomas Duncan Councilmember Luke Orlando P&Z Commissioner Julie Ward Councilmember Derrick Reed P&Z Commissioner Lani Cade Councilmember Gary Moore P&Z Commissioner Daniel Tunstall Councilmember Woody Owens P&Z Commissioner Troy Pradia Assistant City Manager Trent Epperson Deputy City Attorney Lawrence Provins Interim City Secretary Maria Rodriguez Absent: Councilmember Adrian Hernandez, Councilmember J. David Little and Commissioner Ronald Wicker. Others in attendance: Matt Buchanan President of EDC, John McDonald Director of Community Development, Vance Riley Fire Chief, Robert Upton Director of Engineering and Capital Projects, Scott Williams Building Official, Jennifer Huhn Court Administrator, Joshua Lee Communications Director, Senior Planner Mohamed Bireima and Planning Manager Martin Griggs. JOINT SPECIAL MEETING NO. 1 Conditional Use Permit Application No. CUP 18-00031 This request was tabled by the City Council on May 20, 2019 Joint Special Meeting to June 17th 2019, meeting. During the hearing, some neighbors expressed their concern about the site plan and height of the building. by Emily L. Besser, applicant, on behalf of Thomas L. Besser, owner; for approval of a Conditional Use Permit (CUP) to allow two-family dwelling (duplex) use located within the Old Townsite Mixed Use (OT -MU) District; on approximately 0.287 acres of land. Legal Description: Lot 6 through 9, inclusive, in block 26 of Pearland Townsite, in Brazoria County, Texas, recorded in Volume 29 page 41 of the Map Records of Brazoria County, Texas General Location: 2513 S. Grand St., Pearland, TX APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT: Planning Manager Martin Griggs reported on the proposed Conditional Use permit for approval of a Conditional Use Permit (CUP) to allow two-family dwelling (duplex) use located within the Old Townsite Mixed Use (OT -MU) District. APPLICANT PRESENTATION: Page 1 of 6 Applicant Emily Besser addressed Council and spoke in regards to the new site plan and proposed changes submitted with the Conditional Use Permit. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST: Kevin Fuller, 2809 Merlin Lane, addressed Council and spoke on behalf of the residents and provided support of the proposed Conditional Use Permit to include the new site plan. PLANNING AND ZONING COMMISSION: None CITY COUNCIL: Councilmember Owens stated there is an agreement between the land owner and residents and he has no issue with the proposed Conditional Use Permit. STAFF WRAP UP: Planning Manager Martin Griggs clarified the terms of the property set back on the Conditional Use Permit. CITY COUNCIL NEW BUSINESS Council Action - Resolution No. R2019-CUP18-00031 -A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a two-family dwelling on 0.287 acre tract of land located within the Old Townsite Mixed Use (OT -MU) District, being lot 6 through 9, inclusive, in block 26 of Pearland Townsite, in Brazoria County, Texas, recorded in Volume 29 page 41 of the Map Records of Brazoria County, Texas. (Located at 2513 S. Grand St., Pearland, TX). Conditional Use Permit Application No CUP18-00031, within the Old Townsite Mixed Use (OT -MU) District, at the request of Emily L. Besser, applicant, on behalf of Thomas L. Besser, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro- Tem Perez made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-CUP18-00031. Voting "Aye" Councilmember Orlando, Reed, Perez, Moore and Owens. Voting "No" None. Motion passed 5 to 0 with Councilmember Hernandez and Councilmember Little absent. JOINT SPECIAL MEETING NO. 2 Conditional Use Permit Application No. CUP 19-00006 Page 2 of 6 A request by Dustin Jackson, applicant, on behalf of URSAFE Pearland, LLC, owner, for approval of a Conditional Use Permit (CUP) to allow a micro -distillery on 1.8365 acre tract of land located within the General Commercial (GC) District; to wit: Legal Description: Being a 1.8365 -acre tract of land out of Tract 48 of the Zychlinski Subdivision of Section 2, situated in the H.T. & B.R.R. Company Survey, Abstract No. 542, Brazoria County, Texas, being the same land described in deed recorded in Brazoria County Clerk's File No. 93-034629, and also shown as Lots 1 &2 on a plat showing the division of said Tract 48, County Surveyor of Brazoria County, Texas, dated April 29, 1958. General Location: 1607 N. Main Street, Suite A, Pearland, TX. APPLICATION INFORMATION AND'CASE SUMMARY STAFF REPORT: Senior Planner Mohamed Bireima reported on the proposed Conditional Use Permit to allow a micro -distillery on a tract of land located within the General Commercial (GC) District. APPLICANT PRESENTATION: Applicant Justin Jackson addressed Council and provided information on the intended land use for the Conditional Use Permit. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST: None PLANNING AND ZONING COMMISSION: None CITY COUNCIL: Conversation ensued between Councilmember Reed, Deputy City Attorney Lawrence Provins and City Attorney Darrin Coker regarding whether the legal requirements for manufacturing alcohol have been met and a brief outline of the requirements for a liquor license from the Texas Alcoholic Beverage Commission and the differences. Mayor Pro -Tem Perez stated he would like to add the condition that no alcohol be consumed on site. Councilmember Moore asked the applicant Justin Jackson if he is aware and willing to abide by the guidelines set forth in the Unified Development Code. Applicant Justin Jackson stated he is aware and is willing to comply with all guidelines. Councilmember Orlando stated surveys have shown there is a lack of things to do in Pearland and he would encourage more diverse types of business. Page 3 of 6 Conversation ensued between Council regarding the ability to approve this proposed Conditional Use Permit without limiting growth. STAFF WRAP UP: Senior Planner Mohamed Bireima stated the proposed Amendments to the Conditional Use Permit will limit the business space to 800 feet and not allow on premise consumption. Conversation ensued between Council and what Amendments could be made to not limit potential growth of the requestor's business. CITY COUNCIL NEW BUSINESS Council Action - Resolution No. R2019- CUP19-00006 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a micro -distillery on 1.8365 acre tract of land located within the General Commercial (GC) District, being a 1.8365 - acre tract of land out of Tract 48 of the Zychlinski Subdivision of Section 2, situated in the H.T. & B.R.R. Company Survey, Abstract No. 542, Brazoria County, Texas, being the same land described in deed recorded in Brazoria County Clerk's File No. 93-034629, and also shown as Lots 1&2 on a plat showing the division of said Tract 48, County Surveyor of Brazoria County, Texas, dated April 29, 1958. (Located at 1607 N. Main Street, Suite A, Pearland, TX). Conditional Use Permit Application No CUP19-00006, within the General Commercial (GC) District, at the request of Dustin Jackson, applicant, on behalf of URSAFE Pearland, LLC, 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 Mayor Pro -Tem Perez to approve Resolution No. R2019-CUP19-00006. Voting "Aye" Councilmember Orlando, Reed, Perez, Moore and Owens. Voting "No" None. Motion passed 5 to 0 with Councilmember Hernandez and Councilmember Little absent. JOINT SPECIAL MEETING NO. 3 Conditional Use Permit Application No. CUP 19-000005 A request by Tim Garcia, applicant and owner, for approval of a Conditional Use Permit (CUP) to allow "Truck (Heavy) and Bus Rental or Sales" on two tracts of land totaling 0.78 acre located within the General Commercial (GC) District; to wit: Legal Description: Being two tracts of land totaling 0.7805 acres situated in the A.C.H. & B.R.R. Company Survey, Abstract No. 147, Brazoria County, Texas, being Tract 119A and Tract 119A-1, a Subdivision of Section 1, of the A.C.H. & B.R.R. Company Survey, Abstract No. 147, Brazoria County, Texas as recorded in Volume 2, Page 1, of the Plat Records of Brazoria County, Texas. Page 4 of 6 General Location: 3117 S. Main Street, Suite 107, Pearland, TX. APPLICATION INFORMATION AND CASE SUMMARY STAFF REPORT: Senior Planner Mohamed Bireima reported on the proposed approval of a Conditional Use Permit (CUP) to allow "Truck (Heavy) and Bus Rental or Sales" on two tracts of land located within the General Commercial (GC) District. Mayor Reid called Session into Recess at 9:37 p.m. Council returned from Recess at 9:40 p.m. APPLICANT PRESENTATION: Applicant Tim Garcia addressed Council and spoke about the issues with the limited storage outlined in the Conditional Use Permit. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST: None. PLANNING AND ZONING COMMISSION: Commissioner Duncan stated the limitations on this Conditional Use Permit will be too hard to meet for the requestor. Commissioner Tunstall stated there is a business in the area that displays forklifts visible through a fence and there would be no difference in this business having trucks that are visible. Commissioner Cade stated if the vehicles are neatly parked then it should not be a condition that the trucks would have to be out of sight, given the business is a 24 hour operation. Commissioner Ward stated she has no objections as long as the Unified Development Codes are not being violated. CITY COUNCIL: Conversation ensued between Mayor Pro -Tem Perez and staff regarding prior Conditional Use Permits for the same business type. Director of Community Development John McDonald stated the guideline for asking that the trucks be stored behind a fence is to comply with the Corridor Overlay District. STAFF WRAP UP: None. CITY COUNCIL NEW BUSINESS Page 5 of 6 Council Action - Resolution No R2019-CUP19-00005 -A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow "Truck (Heavy) and Bus Rental or Sales" on two tracts of land totaling 0.78 acre located within the General Commercial (GC) District, being two tracts of land totaling 0.7805 acres situated in the A.C.H. & B.R.R. Company Survey, Abstract No. 147, Brazoria County, Texas, being Tract 119A and Tract 119A-1, a Subdivision of Section 1, of the A.C.H. & B.R.R. Company Survey, Abstract No. 147, Brazoria County, Texas as recorded in Volume 2, Page 1, of the Plat Records of Brazoria County, Texas. (Located at 3117 S. Main Street, Suite 107, Pearland, TX). Conditional Use Permit Application No CUP19-00005, within the General Commercial (GC) District, at the request of Tim Garcia, applicant and owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Owens made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-CUP19-00005. Voting "Aye" Councilmember Orlando, Reed, Perez, Moore and Owens. Voting "No" None. Motion passed 5 to 0 with Councilmember Hernandez and Councilmember Little absent. ADJOURNMENT Meeting was adjourned at 9:55 p.m. Minutes approved as submitted and/or corrected this the 26th day of August, A.D.,'2019. ATTEST: Maria Rodrfguez Interim City Secretary Page 6 of 6 Tom Reid Mayor