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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