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2021-05-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA IN-PERSON/TELEPHONE/VIDEO CONFERENCE OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, MAY 17, 2021 AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER Chairperson Layni Cade opened the meeting for the P&Z Regular Meeting at 6:45 P.M. In attendance were: P&Z Chairperson Layni Cade P&Z Vice Chairperson Henry Fuertes P&Z Commissioner Ashlee Boswell P&Z Commissioner Brandon K. Dansby P&Z Commissioner Andrew B. Earles P&Z Commissioner Jennifer Henrichs P&Z Commissioner Derrell Isenberg Also present were Deputy City Attorney Lawrence Provins, Director of Engineering Robert Upton, Assistant City Engineer Parviz Pourazizian, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner Vince Hustead, Planner Florence Buaku and Office Assistant Shelby Lowe. Chairperson Cade read into the record the items on the consent agenda. CONSENT AGENDA All items listed under the "Consent Agenda" are considered to be routine and require little or no deliberation by the P&Z Commission. These items will be enacted / approved by one motion unless a commissioner requests separate action on an item, in which event the item will be removed from the Consent Agenda and considered by separate action (ix. Matters removed from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation. Chairperson Cade read into the record the items removed from agenda with no action required. ITEMS REMOVED FROM AGENDA - NO ACTION REQUIRED Conditional Use Permit Application: CUP 21-00012 Applicant has requested withdrawal of the application. NEW BUSINESS Chairperson Cade read into the record the items on Consideration and Possible Action — Five Year Capital Improvement Program 2022-2026. CONSIDERATION AND POSSIBLE ACTION — FIVE YEAR CAPITAL IMPROVEMENT PROGRAM 2022-2026 The City of Pearland's Capital Improvement Program (CIP) has been developed in order to further our commitment to the citizens of Pearland by working to meet today's needs, as well as those of the future. The development of the CIP is a continuous process and, consequently, should be viewed as a working document. Therefore, while the list covers a five-year planning horizon and a projected priority, it is revised every year in order to accommodate new projects and reflect changing needs. Director of Engineering Robert Upton presented The City of Pearland's Capital Improvement Program to the P&Z Commission. Chairperson Cade read into the record the items on Consideration and Possible Action — Five Year Capital Improvement Program 2022-2026. Commissioner Dansby made a motion to approve, Vice Chairperson Fuertes seconded the motion. Motion passed 7-0. Chairperson Cade read into the record the items on Consideration and Possible Action — Conditional Use Permit Application: CUP 21-00011. CONSIDERATION AND POSSIBLE ACTION — Conditional Use Permit Application: CUP 21- 00011 A request by A. Ron Thrower, applicant, on behalf of Amreit SPF Shadow Creek LP, owner, for approval of a Conditional Use Permit (CUP) for Liquor/Package Store located within the General Commercial (GC) District, to accommodate a liquor retail store within a corner tenant space of the HEB shopping center, on approximately 0.094 acres of land; to wit: Legal Description: Being 0.094 acres (approximately 4,084 square feet), being a portion of Lot 2, Block 3, Fourth Amending Plat of Shadow Creek Town Center, an addition of record according to the plat recorded in Document No. 2019016526 of the Official Public Records of Brazoria County, Texas. General Location: 2803 Business Center Drive, Suite 127, Pearland, Texas. Planner Buaku presented the staff report with exhibits. Planner Buaku informed the commission that this CUP application does conform to the requirements of the UDC and Code Conformance Table. Staff does recommend approval. Applicant A. Ron Thrower were in attendance to present to the P&Z Commission. Mr. Thrower informed the commission that there were no conflicting entities such as daycares and school in the immediate location. He also stated that Twin Liquors are good stewards to the community and tend to locate near H-E-B locations. There were no persons wishing to speak for or against the proposed request. Commissioner Dansby stated that he was concerned about the liquor store being located near the library until the move to their new location, but that would not be a long-term concern. Commissioner Boswell stated that she was not concerned because Shadow Creek Liquor is in the same strip center as a tutoring center where children are present. It is also up the street from a high school. Commissioner Earles stated that he did have concerns, but Commission Dansby and Boswell addressed his concerns. Commissioner Dansby asked Mr. Thrower the length of time from approval of the CUP to operation. Mr. Thrower answered that Twin Liquors would be operational in 60 to 120 days. Commissioner Henrichs stated that the commission has recently recommended approval to City Council for a couple other liquor store CUP's near grocery stores and that is an ideal location since it is near H-E-B. Vice Chairperson Fuertes informed the commission that in that particular business center every tenant, including the library was able to ask for business exclusions when signing their lease with the landowner. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Conditional Use Permit Application: CUP 21-00011. Vice Chairperson Fuertes made a motion to recommend approval to City Council, Commissioner Dansby seconded the motion. Motion passed 7-0. Chairperson Cade read into the record the items on Consideration and Possible Action — Conditional Use Permit Application: CUP 21-00013. CONSIDERATION AND POSSIBLE ACTION —Conditional Use Permit Application: CUP 21- 00013 A request by Anthony E. Eaddy, applicant and owner, for approval of a Conditional Use Permit (CUP) for Accessory Dwelling located within the Residential Estate (R-E) District, to accommodate the construction of a 1,600-square foot dwelling unit to serve a private living quarters for grandparents, on approximately 2.439 acres of land; to wit: Legal Description: Being all of Lot 2, Block 1 of the Amended Plat of Lot 6, Block 1 of Hickory Place Subdivision, a subdivision in the City of Pearland, Brazoria County, Texas, according to the map or plat recorded under Clerk's File No. 2016051080 in the Plat Records of Brazoria County, Texas. General Location: 2317 Bryan Court, Pearland, Texas. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed the commission that this CUP application does conform to the requirements of the UDC and Code Conformance Table. Staff does recommend approval. Applicant Mr. Eaddy and his design professional Mr. McDaniels were in attendance to present to the P&Z Commission. Mr. McDaniels asked about utilities and well/septic water system. Deputy City Attorney Provins informed Mr. McDaniels that utilities do not apply to the CUP and will be handled during the building process later. LaDonna Randell did sign up to speak virtually about this item prior to the meeting, but she was not in attendance online. There were no persons wishing to speak for or against the proposed request. Commissioner Isenberg asked if the commission could add an addendum to the approval of this CUP that no compensation could be charged for the rental of this accessory dwelling unit now or in the future. Deputy City Attorney Provins recommended that the P&Z Commission do so to be consistent with the character of the zoning district. Chairperson Cade and Commissioner Earles asked Deputy City Attorney Provins if that would pertain to short-term rentals as well, such as Airbnb. Deputy City Attorney Provins stated that an addendum could be for any rentals, short or long term. Vice Chairperson Fuertes asked about the commission's previous discussions and UDC amendments concerning accessory dwelling units and what may make this case different. Planning Manager Griggs answered that a residential dwelling unit must have three components: a living area, bathroom, and kitchen. Senior Planner Birema added later that residential districts can add an accessory dwelling unit to any main residential house with the approval of a CUP and that larger lots lend more to being able to build one. Senior Planner Birema informed the commission that there was a case like this one last year, but they do not come in too often. Commissioner Boswell stated that if the commission makes the decision to add the addendum for this accessory dwelling CUP, that they do it for all accessory dwelling CUPs and the commission is uniform in making that decision. Commissioner Boswell disagreed with the Commission picking and choosing which accessory dwellings that request a CUP will have an added addendum in which they cannot charge for the accessory dwelling. Deputy City Attorney Provins said that the commission could recommend an amendment to the UDC to City Council regarding the compensation of rent from an accessory dwelling structure. Chairperson Cade ask if there are any neighborhoods in Pearland that have larger lots that would appeal to creating these accessory structures. Planning Manager Griggs said that staff will have to do more research into that information and will provide it to the commission. Chairperson Cade asked about residential houses in the ETJ. Deputy City Attorney Provins informed Chairperson Cade that the City of Pearland does not have regulation regarding zoning in the ETJ. Deputy City Attorney Provins informed the commission that recommending approval of the CUP to City Council could potentially create a land use issue. Commissioner Henrichs stated that she knows of residents in Bakers Landing that have their main residential house split into two separate living space, one side being for the main family and the other being like a Mother-in-Law suite. She asked what the difference between a residential structure like that and this CUP case is. Planning Manager Griggs told Commissioner Henrichs that it would be difficult to answer that without seeing the floor plan of the structure, but that this CUP case is for an accessory structure that is detached and only has two of the three components that makes up a residential structure. Senior Planner Birema informed the commission that in the UDC a single-family household is defined by any persons living together that are related by blood or marriage. Commissioner Henrich stated that she is in support for addendum for restriction on collecting compensation for rent. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Conditional Use Permit Application: CUP 21-00013. Commissioner Isenberg made a motion to recommend approval to City Council, Commissioner Earles seconded the motion. Commissioner Isenberg made a motion to add an addendum to the original motion that the owners of this structure will not be allowed to collect compensation for rental of this structure, Commissioner Earles seconded the motion. Amendment to the motion passed 6-1. Commissioner Boswell voted against the amendment to the motion, stating that she did not agree with the commission adding an addendum that no rent can be charged to this particular CUP when the Commission has not done so in the past. She would be in support for a uniform decision or UDC amendment from the commission that does not allow compensation to be charged for the rental of an accessory dwelling unit. Amended motion passed 7-0. Chairperson Cade read into the record the items on Consideration and Possible Action — Preliminary Plat of Yanni Garden. PLAT 21-00017. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF YANNI GARDEN PLAT 21-00017 A request of Joseph Abboud, of Abboud Engineering, LLC, the applicant; on behalf of Pearland 28, LLC, owner; for approval of the Preliminary Plat of Yanni Garden creating 29 single family lots, and 4 reserves on 11.0001 acres of land located on the west side of Hatfield Road about 550 feet south of Orange Street. Legal Description: A Subdivision of 11.0001 acres of land situated in the H.T.&B. R.R. Company Survey, Abstract No. 544 City of Pearland, Brazoria County, Texas. General Location: West side of Hatfield Road south of Orange Street Planner Hustead presented' the staff report with exhibits. Planner Hustead informed the commission that this preliminary plat conforms to the requirements of the UDC. Staff recommends approval. Property owner Barry Hill was in attendance to answer any questions from the P&Z Commission. Vice Chairperson Fuertes asked if the street that is located off Hatfield will it open or remain closed. Planner Hustead replied that it will open. Vice Chairperson Fuertes replied that it reminds him of Rice Street. This cut through street will get frequently travelled on and will become a danger to the neighborhood and children that may be playing in the street. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Preliminary Plat of Yanni Garden. PLAT 21-00017. Commissioner Isenberg made a motion to approve, Commissioner Dansby seconded the motion. Motion passed 7-0 Chairperson Cade read into the record the items on Consideration and Possible Action — Final Plat of Pasadena ISD Thompson Intermediate School. PLAT 21-00028. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF PASADENA ISD THOMPSON INTERMEDIATE SCHOOL PLAT 21-00028 A request of Abrahim Nimroozi, on behalf of Pasadena Independent School District, owner; to approve the Final Plat of Pasadena ISD Thompson Intermediate School creating 1 lot, described to wit: Legal Description: A subdivision of 20.960 acres being a replat of all of Lots 11 — 13 and being a replat of the remainder of Lots 3 and 5 of the Allison-Richey Gulf Coast Home Company Section "G" Vol. 4, page 48, H.C.M.R. out of the Thomas Green Survey, Abstract No. 290 City of Pearland, Harris County, Texas. General Location: 8750 Hughes Road Planner Hustead presented the staff report with exhibits. Planner Hustead added a minor change to the staff report, we are waiting on approval for the Drainage Plan and TIA but was still given the approval to move forward from the Engineering Department. Planner Hustead informed the commission that this final plat conforms to the requirements of the UDC. Staff recommends approval. Applicant Abrahim Nimroozi and property owner Pasadena ISD had a representative in attendance to answer any question for the P&Z Commission. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Final Plat of Pasadena ISD Thompson Intermediate School. PLAT 21-00028. Vice Chairperson Fuertes made a motion to approve, Commissioner Isenberg seconded the motion. Motion passed 7-0 DISCUSSION ITEMS 1. Commissioners Activity Report — Vice Chairperson thanked staff for walking the P&Z Commission through the new meeting processes. Planning Manager Griggs informed the commission that he would be sending the commission their comments in an email tomorrow so they can review what will be sent over to City Council. 2. Next P&Z Regular Meeting — June 7, 2021. ADJOURNMENT Chairperson Cade adjourned the P&Z Regular meeting at 8:12 P.M. These minutes were respectfully submitted by: (zrtr_yuc vvt Sh y Lowe, Office Assistant Minutes approved as submitted and/or corrected on this 7th day of June 2021, A.D. Layni Cade, Planning & Zoning Chairperson