2021-11-15 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,
NOVEMBER 15, 2021, AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519
LIBERTY DR.
CALL TO ORDER
Chairperson Henry Fuertes opened the meeting for the P&Z Regular Meeting at
6:35 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
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 Commissioner Derrell Isenberg from the November
01, 2021 P&Z Regular Meeting.
CONSIDERATION & POSSIBLE ACTION —APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from November 01, 2021.
Chairperson Fuertes read into the record the items on the Consent Agenda.
Commissioner Cade made the motion to approve Excused Absence and Approval of
Minutes and to remove PLAT 21-00075: Preliminary Plat of Old Townsite Row
House and Bungalows from the Consent Agenda, Vice Chairperson Dansby
seconded the motion.
Motion passed 5-0.
ITEMS REMOVED FROM THE CONSENT AGENDA
Chairperson Fuertes recused himself from this item.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action - PLAT 21-00075: Preliminary Plat of Old Townsite Row House and
Bungalows.
CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00075: PRELIMINARY
PLAT OF OLD TOWNSITE ROW HOUSE AND BUNGALOWS
A request by Rene Rodriguez, LJA Engineering, on behalf of Sullivan Brothers
Builders, LTD, owner; to approve the Preliminary Plat of Pearland Old Townsite Row
House and Bungalows, creating 55 lots and 3 blocks described to wit:
Legal Description: A Subdivision of 5.593 Acres of Land situated in the TJ Green
Survey, Abstract 290, City of Pearland, Brazoria County, Texas, being all of Lots 18-
42, Block 24, All of Lots 17-48, Block 25, and all of Lots 4-10, Block 27, Pearland
Townsite, A subdivision recorded in Volume 29, Page 41, Brazoria County Deed
Records.
General Location: South of Broadway St, West of Galveston.
Planning Manager Griggs presented the staff report with exhibits. Planning Manager
Griggs informed the commission that the preliminary plat does conform to the
requirements of the UDC, but there are items that need to be addressed before the
final plat. Staff does recommend approval.
Applicant Representative, Scott Burr with Sullivan Brothers Builders, LTD at 114
Winding Creek Place, Spring, Texas 77381, was in attendance in-person in Council
Chambers to present to the P&Z Commission. Mr. Burr stated that the preliminary
plat is in the line with the PD agreement, and they are working on the items that
need to be addressed with staff.
Vice Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Cade, Planning Manager Griggs and Mr. Burr discussed on-street
parking. Vice Chairperson asked about the timeline of the items that need to be
addressed prior to the final plat. Everett Dio with LJA Engineering stated that they
are currently working with city staff on the TIA. Mr. Burr stated that they would like to
get started on the project in January.
No further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action - PLAT 21-00075: Preliminary Plat of Old Townsite Row House and
Bungalows. Commissioner Boswell made the motion to approve, Commissioner
Cade seconded the motion.
Motion passed 4-0.
Chairperson Fuertes rejoined the meeting.
NEW BUSINESS
Chairperson Fuertes read into the record the items on Consideration and Possible
Action —Zone Change Application: ZONE 21-00020.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION:
ZONE 21-00020
Public Hearing: A request by Monica Fontenot-Poindexter, Chesterfield
Development Services, applicant, on behalf of Freeman T. & 011ie A. Wyche II,
owner, for approval of a zone change from the General Business (GB) District to the
Single-family Residential-1 (R1) District, on approximately 5.9136 acres of land; to
wit:
Legal Description: A 5.9136-acre tract of land out a called 9.29-acre tract of land
out of the south one-half of Lot 30 of the Allison Richey Gulf Coast Home Company
Subdivision of Section 21, H.T. & B.R.R. Co. Survey, Abstract 309, Brazoria County,
Texas.
General Location: 8335 Fite Road.
Senior Planner Bireima presented the staff report with exhibits. Senior Planner
Bireima informed the commission that the zone change request does not conform to
the Future Land Use Plans but does conform to the requirements of the UDC. Staff
does recommend approval.
Applicant, Monica Fontenot-Poindexter at 2201 Caroline Street, Houston, Texas
77002, was in attendance in-person in Council Chambers to present to the P&Z
Commission. Ms. Fontenot-Poindexter stated that the owners purchased their
property in 2007 and they built their home in 2001 and they have previously
requested a zone change, but due to the market it was not the right time to build.
She stated the area surrounding the property is residential properties.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Vice Chairperson Dansby asked about the current detention pond. Planning
Manager Griggs stated that will be reviewed during the platting process.
Commissioner Cade said that with residential properties being on both sides that
she would be for this zone change.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible
Action — Zone Change Application: ZONE 21-00020. Vice Chairperson Dansby
made the motion to approve, Commissioner Cade seconded the motion.
Motion passed 5-0.
Chairperson Fuertes read into the record the items on Consideration and Possible
Action — Conditional Use Permit Application: CUP 21-00033.
CONSIDERATION AND POSSIBLE ACTION — CONDITIONAL USE PERMIT
APPLICATION: CUP 21-00033
Public Hearing: A request by Sandra Pinales-Williams, applicant, on behalf of
Retail Oak Forest I, LLC, owner, for approval of a Conditional Use Permit (CUP) for
Liquor/Package Store use within the General Commercial (GC) District, to
accommodate a liquor store within an existing multi-tenant retail center, on
approximately 1.640 acres of land, to wit:
Legal Description: Being a 1.640-acre tract in the H.T. & B.R.R. Co. Survey,
Abstract No. 1, Brazoria County, Texas, said 1.640-acre tract is in a called 2.9340-
acre tract described in a deed to Wagon Trail Enterprises Limited Partnership as
recorded in Clerk's File No. 2005023402 in the Deed Records of Brazoria County,
Texas.
General Location: 5730 Broadway Street, Suite 112, Pearland, Texas.
Planner II Buaku presented the staff report with exhibits. Planner II Buaku informed
the commission that the conditional use permit does conform to the requirements of
the UDC. Staff does recommend approval.
Applicant, Sandra Pinales-Williams at 5730 Broadway Street, Suite 112, Pearland,
Texas 77584, was in attendance in-person in the Council Chambers to present to
the P&Z Commission. Ms. Pinales-Williams stated that she would like to open a
liquor store in Pearland. She said that she has worked as a customer service sales
consultant previously for similar businesses and is familiar to networking. Ms.
Pinales-Williams stated that she wants to bring in a smaller store to the
neighborhood.
Chairperson Fuertes called for public input.
Resident, Dr. Jason Perry at 3903 Cedar Wood Drive, Pearland, Texas 77584,
stated that he agrees with City Council and the Pearland Economic Development
Corporation's vision for the City of Pearland. He brought up a council members
future vision of the city as walkable with amenities such as performing art centers
and said that the permits do not reflect that vision. Dr. Perry informed the P&Z
Commission that there is a massage establishment in that strip center that are
allegedly not abiding by local laws or the city's massage establishment
requirements. Dr. Perry stated that he does not want to see a liquor store on every
corner.
Commissioner Boswell responded to Dr. Perry stating that the massage
establishment does not concern the proposed liquor store establishment, since they
are separate businesses. She stated that there are not liquor stores on every corner
due to the CUP process and that was shown in the staff report. She stated that we
still do want Pearland to operate as a free market. Commissioner Boswell stated
that some Pearland residents may prefer a smaller liquor store compared to larger
chains. She said that she has no concerns about this CUP. Commissioner Cade
asked Ms. Pinales-Williams if she is a resident of Pearland. Ms. Pinales-Williams
replied that her residence is located on Pearland Parkway and Monroe in Houston.
Commissioner Cade said that it is located close to the schools in the area and would
not recommend. Vice Chairperson Dansby stated that he doesn't think that residents
VV8DtV8p8 shops and liquor stores OD every corner, but he does not think that is the
case in Pe8F|and. He asked a resident odiooen1 to this proposed CUP if they would
have @ problem with it and they Si8t8d "no". He Stated that strip center is 8 clean
center, the bUoiDeee that d0SS cause concern in that center in the Workforce
[)Vxe|opDleDt Center, since people will be going there for 8SSiSt8DC8. Vice
Chairperson [}anSbyneid he would naoornrnend this CUP. Commissioner Hen[iohs
said that she has DO issues with this CUP. She said the people that are going to go
to the 08SS@ge 8St8b|iShRl8Dt are going to QO there DO matter what. She VvoU|d
[eCOD0[D8nd this CUP. Chairperson FUert8S 8Sh8d if the applicant had m distributor
license as well. Ms. Pinales-Williams said that once they get through TABC that they
are going to try to get their diSLhbU1OFS license as well, S0 they can help other |OS8|
businesses. Chairperson Fuertos stated that most bUSiDeSSeS in P8GdaDd are
|OC8t8d on 288 Or B[O8dVV8y and if resident wanted to purchase this pnOdUCi that
they may not want tO travel hs[ He said this is an ideal |OC8h0O for hUSin8SS like
this. Chairperson FUert8S VVOU|d [8COnlDleDd this CUP. Commissioner Cade stated
that e P&Z Commissioner one of her duties is to focus on p|8DDiDg and protecting
citizens iDt8[9StO rather than the free nl8[kei Of our city. Chairperson FU8rteS added
that the uses nearby this CUP are compatible.
NO further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. Commissioners Activity Report— Chairperson Fuertes reminded the P&Z
Commission about the current comprehensive plan and iOvisit
pe3d8Dd2040.00Dl.
2. Next P&Z Regular Meeting: DeoennberO` 2021.
ADJOURNMENT
Chairperson FUerteS adjourned the P&Z Regular meeting 8i7:3F!yW.
These minutes were respectfully submitted by:
8he| LOVVe` Office Assistant
Minutes approved 8S submitted and/or corrected OD this 0th day Of December 2O21.
A.O.
Henry Fuertes. Planning & Zoning Chairperson