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2021-12-06 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA IN-PERSON OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, DECEMBER 6, 2021, AT 6:30 P.M., HELD IN THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD ROOM, 3519 LIBERTY DR. CALL TO ORDER Chairperson Henry Fuertes opened the meeting for the P&Z Regular Meeting at 6:33 P.M. In attendance were: P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Brandon Dansby P&Z Commissioner Ashlee Boswell P&Z Commissioner Layni Cade P&Z Commissioner Jennifer Henrichs P&Z Commissioner Derrell Isenberg Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz Pourazizian, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner II Florence Buaku, Planner I Patrick Bauer and Office Assistant Shelby Lowe. 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. CONSIDERATION & POSSIBLE ACTION — EXCUSED ABSENCE Excuse the absences of P&Z Commissioners Andrew Earles and Derrell Isenberg from the November 15, 2021 P&Z Regular Meeting. CONSIDERATION & POSSIBLE ACTION —APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from November 15, 2021. Chairperson Fuertes read into the record the items on the Consent Agenda. Vice Chairperson Dansby made the motion to approve Consideration and Possible Action-Excused Absence and Consideration and Possible Action-Approval of Minutes and to remove Consideration and Possible Action-PLAT 21-00072: Preliminary Plat of Massey Oaks Section 3, Consideration and Possible Action-PLAT 21-00073: Preliminary Plat of Massey Oaks Section 4, and Consideration and Possible Action-PLAT 21-00074: Preliminary Plat of Massey Oaks Section 5 from the Consent Agenda, Commissioner Cade seconded the motion. Motion passed 6-0. Chairperson Fuertes recused himself from the meeting. ITEMS REMOVED FROM THE CONSENT AGENDA Vice Chairperson Dansby read into the record the items on Consideration and Possible Action - PLAT 21-00072: Preliminary Plat of Massey Oaks Section 3. CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00072: PRELIMINARY PLAT OF MASSEY OAKS SECTION 3 A request of Andrew Lang, of BGE., the applicant; on behalf Massey Oaks Development LP, owner; for approval of the Preliminary Plat of Massey Oaks Section 3 creating 61 single family lots, 2 reserves, and 5 blocks on ± 14.95 acres of land located in the southwest quadrant of Old Massey Ranch Road and Harkey Road. Legal Description: A subdivision of 14.95 acres of land located in the H. Stevens Survey, Abstract 593 City of Pearland, Brazoria County, Texas. General Location: South of Old Massey Ranch Road and West of Harkey Road. Vice Chairperson Dansby read into the record the items on Consideration and Possible Action - PLAT 21-00073: Preliminary Plat of Massey Oaks Section 4. CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00073: PRELIMINARY PLAT OF MASSEY OAKS SECTION 4 A request of Andrew Lang, of BGE., the applicant; on behalf Massey Oaks Development LP, owner; for approval of the Preliminary Plat of Massey Oaks Section 4 creating 69 single family lots, 2 reserves, and 3 blocks on ± 18.39 acres of land located in the southwest quadrant of Old Massey Ranch Road and Harkey Road. Legal Description: A subdivision of 18.39 acres of land located in the H. Stevens Survey, Abstract 593 City of Pearland, Brazoria County, Texas. General Location: South of Old Massey Ranch Road and west of Harkey Road. Vice Chairperson Dansby read into the record the items on Consideration and Possible Action - PLAT 21-00074: Preliminary Plat of Massey Oaks Section 5. CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00074: PRELIMINARY PLAT OF MASSEY OAKS SECTION 5 A request of Andrew Lang, of BGE., the applicant; on behalf Massey Oaks Development LP, owner; for approval of the Preliminary Plat of Massey Oaks Section 5 creating 82 single family lots, 1 reserve, and 4 blocks on ± 18.21 acres of land located in the southwest quadrant of Old Massey Ranch Road and Harkey Road. Legal Description: A subdivision of 18.21 acres of land located in the H. Stevens Survey, Abstract 593 City of Pearland, Brazoria County, Texas. General Location: South of Old Massey Ranch Road and west of Harkey Road. No discussion from Staff, P&Z Commission or Public input. Vice Chairperson Dansby read into the record the items on Consideration and Possible Action- PLAT 21-00072: Preliminary Plat of Massey Oaks Section 3, Consideration and Possible Action- PLAT 21-00073: Preliminary Plat of Massey Oaks Section 4, and Consideration and Possible Action-PLAT 21-00074: Preliminary Plat of Massey Oaks Section 5. Commissioner Isenberg made the motion to approve, Commissioner Henrichs seconded the motion. Motion passed 5-0. Chairperson Fuertes rejoined the meeting. NEW BUSINESS Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 21-00034. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 21-00034 Public Hearing: A request by John McClure, McClure Partners, applicant, on behalf of Luby's Fuddruckers Restaurants LLC, owner, for approval of a Conditional Use Permit (CUP) for Liquor/Package Store use within the Shadow Creek Market Place Planned Development (PD) District, to accommodate a liquor store within the existing 12,663-square foot building previously occupied by Luby's, on approximately 1.9709 acres of land, to wit: Legal Description: Being a tract or parcel containing 1.9709 acres or 85,853 square feet of land, situated in the J. Crawley Survey, Abstract No. 174 and L.F. Roberts &W.W. Duprey Survey, Abstract No. 726, Brazoria County, Texas, being all of Lot C4, of the Partial Replat No. 1 of Shadow Creek Market Place, according to the map or plat thereof recorded under File No. 2015006679 of the Brazoria County Plat Records, conveyed to Luby's Fuddruckers Restaurants, LLC, as recorded under 2012002379, Brazoria County Deed Records. General Location: 11023 Shadow Creek Parkway, Pearland, Texas. Planner II Buaku presented the staff report with exhibits. Planner II Buaku informed the P&Z Commission that the conditional use permit does conform to the UDC. Staff does recommend approval. Applicant, John McClure at P.O. Box 2935, Willie, Texas 75098, was in attendance in-person in the Pearland Economic Development Corporation Board Room to answer any questions for the P&Z Commission. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Boswell stated that there is already a small package liquor store in that shopping center and Spec's might affect their business. Commissioner Boswell stated that the business may bring more high-volume traffic and asked about parking. Mr. McClure replied that this is their third conversion of a Luby's into a Spec's and Spec's busiest season is from October until January. He stated that they will have more parking than required and their parking lot shouldn't reach capacity outside of the busiest months. Commissioner Isenberg stated that he thinks this development is what Pearland citizens expected when liquor stores were allowed to be developed in Pearland. All the P&Z Commissioner stated that they would be in favor of this CUP Application. No further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 21-00035. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 21-00035 Public Hearing: A request by Lonnie Turner, applicant and owner, for approval of a Conditional Use Permit (CUP) for Massage Establishment use within the General Business (GB) District, to accommodate a full body massage establishment within a room of an existing beauty salon, on approximately 0.39 acres of land, to wit: Legal Description: All of Lot 1, Block 1 of Minor Plat of Turner's Corner, an addition within the City of Pearland, Brazoria County, Texas according to the plat recorded in. County Clerk's File No. 2013010156 in the Plat records of Brazoria County, Texas. General Location: 3054 Cullen Parkway, Pearland, Texas. Planner I Bauer presented the staff report with exhibits. Planner I Bauer informed the P&Z Commission that the conditional use permit does conform to the requirements of the UDC. Staff does recommend approval. Applicant, Valecia Weeks at 3103 Capital Court, Pearland, Texas 77584, was in attendance in- person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Ms. Weeks confirmed that she went before the P&Z Commission and City Council recently for a zone change that was approved. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Isenberg asked Ms. Weeks about the massage establishment conditions that the city requires to operate and if Ms. Weeks would be able to follow those conditions. Ms. Weeks said that she did review the conditions and will have no issue abiding by them. All the P&Z Commissioner stated that they would be in favor of this CUP Application. No further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes recused himself from the meeting. Vice Chairperson Dansby read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 21-00019. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION: ZONE 21- 00019 Public Hearing: A request by Katy Harris, LJA Engineering, Inc, applicant, on behalf of Melissa Burns &Jud's Food Stores, Inc., owners, for approval of a zone change from the Heavy Industrial (M-2) District to Planned Development (PD) District to accommodate a proposed planned residential community on several tracts of land totaling approximately 110.127 acres, to wit: Legal Description: "39.578-Acres Tract": Being 39.578 acres of land located in the F.B. Drake Survey, Abstract 507, Brazoria County, Texas, being all of Lots 21 B, 22B,23 and a portion of Lot 24 of the L. W. Murdock Subdivision as shown in Volume 29, Page 174 of the Deed Records of Brazoria County, Texas. "70.549-Acres Tract": Being 70.549 acres of land located in the H. Stevens Survey, Abstract No. 594, Brazoria County, Texas, more particularly being the residue of that called 74.712 acres of land conveyed to Jud's Food Stores by an instrument of record in Document No. 94-004500 of the Official Records of Brazoria County, Texas, said residue described as 70.5489 acres in the Deed of Trust recorded in Document No 2011043841 of the Official Public Records of Brazoria County, Texas. General Location: The subject property is bounded by the railroad tracks on the west and by Main Street (State Highway 35) on the east and divided by Bailey Road. Planning Manager Griggs presented the staff report with exhibits. Planning Manager Griggs informed the P&Z Commission that the planned development does not conform to the code conformity table or the requirements of the UDC. Staff strongly recommends denial. Applicant Representative, Matt Stoops with LJA Engineering at 3600 West Sam Houston Parkway South, Suite Number 600, Houston, Texas 77042, was in attendance in-person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Mr. Stoops presented the timeline of the planned development (PD) to the commission which included creating the plan, presenting the plan to the City Council and the P&Z Commission at a Joint Public Hearing in July 2021, the developer acquiring an additional 40 acres of land, writing the PD document and meeting with city staff twice to discuss details of the PD. He stated that when communicating with staff that staff never informed him that they were opposed to the PD. Mr. Stoops stated that his team worked on this project for five months and may have walked away from the project if he knew that staff opposed this development and that he believed that some items in the staff report are incorrect. Applicant, Katy Harris with LJA Engineering at 3600 West Sam Houston Parkway South, Suite Number 600, Houston, Texas 77042, was in attendance in-person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Ms. Harris presented the PD design plan to the P&Z Commission. Ms. Harris stated that applying for a PD was the best option for this project since there will be multiple residential zoning districts throughout the development. She stated that all the plans for the PD are conceptual in nature and can be adjusted accordingly. Ms. Harris stated that they will have to amend the Major Throughfare Plan due to the nature of the development and there will be a 30-foot buffer along each boundry line. She presented the fencing plan, examples of lighting and signage for the trail system, monumentation example for the entrances and examples of the recreational amenities for the development. Mr. Stoops added to his applicant presentation, that there were some items from the staff report that he did not agree with. He stated that if these residential dwellings are subject to industrial hazards so would other nearby neighborhoods. Mr. Stoops spoke about the widening of Bailey Road and added that there would be a large detention area on the south side of the property near the railroad tracks and that there would be a 50-foot landscape area on the north side of the property near the railroad tracks. Mr. Stoops stated that there are constraints on the development site and spoke about Pearland's Industrial Corridor development timeframe. Applicant Representative, Ernest Loeb with D.R. Horton at 8634 Fulshear Run Trace, Fulshear, Texas 77406, was in attendance in-person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Mr. Loeb shared some information from the previous D.R. Horton Development, Bakers Landing, located on Highway 35. He stated that he does not want the city stuck in the past and that hope is not an economic strategy. Mr. Loeb stated the staff report is an ideology. He said that this PD would create 100 million dollars in taxable revenue and if the P&Z Commission vote no to this PD, they would be saying no to 100 million dollars in taxable revenue for the city. Owner, J.Alexander at P.O. Box 459, Pearland,Texas 77588, was in attendance in-person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Mr.Alexander shared his family history in Pearland and with this property. He stated that this land has been zoned for industrial development for 40 years and has only had one serious approach for the land in that time and no approaches for an industrial development. Mr. Alexander said that he did investigate developing the land into a railroad spur, but there is not enough room, and it would be too costly. Additionally, he added that the concrete batch plant nearby has been dormant. Mr. Alexander said that he sold his property on Industrial Drive and now the connecting road is in the wrong place, then he sold land to the City of Pearland in 2004 for Bailey Road and Oiler Drive and the city stated they would have road access that they do not have. He then later sold some land again to the City of Pearland for a drainage district. Mr. Alexander said that his land is currently being rented out for agriculture use and he's spoken to multiple industrial commercial relators who have no clients interested in the property. Mr. Alexander finished by saying he does not see a problem with this PD. Applicant Representative, Paul Grohman with Gromax Development at 2116 Kildare Drive, Pearland, Texas 77581, was in attendance in-person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Mr. Grohman stated that he is available for any questions and presented history about this industrial zoning district. He asked that the P&Z Commission does not condemn landowners for not wanting to hold on to their land until an industrial developer approaches them. Mr. Grohman stated that they were asked to apply for a PD for this development and there has been a series of meetings for this PD. He stated that at the July Joint Public Workshop, 5 out of 7 City Council members were in favor of this PD. Vice Chairperson Dansby called for public input. Business Owner, Russ Wilkins at 8511 Industrial Drive, Pearland, Texas 77584, stated that he is against this zone change. Mr. Wilkins shared that he is familiar with the city's development processes from both sides. He stated that changing the zoning from heavy industrial to residential is a dramatic change that will have a negative effect on industrial properties. Mr. Wilkins stated that this zone change would put unnecessary burdens on existing industrial businesses nearby when their operations start affecting residents. Mr. Wilkins said that the city should learn from Friendswood, by stating that they did not want any businesses or industrial developments in their city and now their residents struggle with the tax burden. He stated that it is not unheard-of for industrial businesses to develop in Pearland. Pearland Chamber of Commerce President, Jim Johnson at 6117 Broadway Street, Pearland, Texas 77581, said that he would be representing the Pearland Chamber of Commerce. Mr. Johnson said that his comments would be less specific to the current PD, but regarding industrial zoning in Pearland. He has Chamber of Commerce business members that must submit for multiple permits to run their industrial business and they do not need more of a burden to operate. Mr. Johnson said businesses are vital to the city, specifically industrial businesses and the M-1 and M-2 industrial zones are as well. Commissioner Isenberg stated that he remembers the original discussion about this PD and that it was positive since it was across the street from the high school and that industrial companies were interested in being on or closer to Beltway 8. He said that he would like to see the buffer fencing higher. Commissioner Isenberg stated that if the 3 acres on the corner were added to the PD that this would be more like a Bakers Landing type of development. He said home buyers need to be aware of the surrounding nuisances and that an industrial development could potentially be developed right next to the neighborhood. Commissioner Isenberg stated that he is in favor of this PD. Commissioner Cade agreed with Commissioner Isenberg and that residents should be made aware of the surrounding area. Commissioner Henrichs agreed with Commissioner Isenberg as well and has always seen this area as a residential development. She did state that would like the existing industrial businesses to be able to operate as is. Commissioner Henrichs added that she thought Pearland High School was too overcrowded, but it is not, and she would like to see part of this PD be affordable housing for senior citizens. Commissioner Boswell stated that there were great points made on both sides and that she did additional research after the Joint Public Workshop and there is very little industrial zoned lots available in Pearland. She stated that Bakers Landing was rezoned from general commercial to residential was less impactful than the current proposed PD being rezoned from heavy industrial to residential. Commissioner Boswell stated that you can't stop the future homeowners from complaining about the nuisances surrounding their neighborhood and many accommodations would have to be made for this development. She did state that Pearland is low on residential real estate, but this PD would create a disservice for Pearland citizens. Commissioner Boswell said that there is no going back with this zone change and that the hurdles for this development may outweigh the value of the development. She said she is not in favor of this PD. Vice Chairperson Dansby stated that he would not be in favor of the PD as well. He said that when he was on PEDC Board that Aldi investigated developing within this corridor, but ultimately, they received a better offer. He also stated that the company to the north of this property is the number one source of industrial tax base in Pearland.Vice Chairperson Dansby stated that an industrial business being developed here would result in a shorter return on investment and would not continue to put the tax base on Pearland homeowners. He stated that this PD would affect nearby industrial businesses and that everyone would like industrial businesses to develop in the Lower Kirby District, but the infrastructure is not currently there, like it is on this tract. Planning Manager Griggs presented the staff wrap up report. Planning Manager Griggs stated that every comprehensive plan since 1968 shows this area as industrial zoning. He said that the applicant cherry-picked numbers that favored the PD and that taxation of industrial development and property is a different process than residential taxation. Planning Manager Griggs informed the commission that the PD has public roads that the city would have to maintain and overall would be additional burden on the city. Planning Manager Griggs stated that the need to widen of Bailey Road is a known fact to the applicant. He stated that at the Joint Public Workshop for the PD in July that the staff report only discussed facts presented by the applicant and was not a full staff analysis of the proposed project, so staff would not make a recommendation for approval or denial at the Joint Public Workshop, however, the incompatibility with the adjacent industrial properties was discussed. Planning Manager Griggs stated that staff has completed a full analysis of the proposed PD and staff still strongly recommends denial. Vice Chairperson Dansby read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 21-00019. Commissioner Cade made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 3-2. Commissioner Cade, Commissioner Henrichs and Commissioner Isenberg voted in favor of the request. Vice Chairperson Dansby and Commissioner Boswell voted against the request. Chairperson Fuertes rejoined the meeting. DISCUSSION ITEMS 1. Discussion on Proposed Amendments to the Unified Development Code - Regarding City Council direction to staff on proposed amendments to the Unified Development Code (UDC) to include the Land Use Matrix, Conditional Use Permits (CUPs), and the definitions chapter concerning Vape, Smoke Shops and Head Shops, Alternative Financial Services, Mini-Warehouse and Self-Storage Facilities. Staff presented the requested conditions from City Council and P&Z Commission had a general discussion about the UDC Land Use Matrix and CUPs. The P&Z Commission recommended amendments regarding CUPs to staff to draft for an upcoming public hearing. Continued discussion will be held at the next P&Z Regular Meeting on December 13, 2021. . ' . 2. Commissioners Activity Reoort— Comnnisnioner |s*nberginfVrmedihePQZ Commission that he will bo out the next couple ofmeetings. Planning Manager Griggs reminded the P&Z Commission about the December S. 2O21 Comprehensive Plan Community Input Session and gave on update onPnar|end2O40.00nn. 3. Next P&Z Regular Meeting: January 3. 2O22. ADJOURNMENT Chairperson Fuertms adjourned the P&Z Regular meeting et9:55P.M. These minutes were respectfully submitted by: Shelby Lowe, Office Assistant Minutes approved as submitted and/or corrected on this 13th day of December 2021, A.D. 70, Henry Fuortea, Planning &Zoning Chairperson