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2021-10-18 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, OCTOBER 18, 2021, AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER Chairperson Henry opened the meeting for the P&Z Regular Meeting at 6:30 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 Andrew Earles 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 ABSENCES Excuse the absences of P&Z Commissioner Henry Fuertes from the October 04, 2021 P&Z Regular Meeting. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Excused Absences. Vice Chairperson Dansby made the motion to approve, Commissioner Earles seconded the motion. Motion passed 7-0. CONSIDERATION & POSSIBLE ACTION —APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from October 04, 2021. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Approval of Minutes. Vice Chairperson Dansby made the motion to approve, Commissioner Earles seconded the motion. Motion passed 7-0. NEW BUSINESS Chairperson Fuertes read into the record the items on Consideration and Possible Action — PLAT 21-00057: Replat of Ryan Acres Lot 26 Block 1. CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00057: REPLAT OF RYAN ACRES LOT 26 BLOCK 1 A request by Chris Hendrick, applicant; on behalf of Sandra Sabrina Cavazos, owner; for approval of the Replat of Tract 26 Block 1 of Ryan Acres creating 2 lots on 1.487 acres located at 3406 McLean, to wit: Legal Description: A subdivision of 1.487 Acres located in the H.T&B.R.R CO. Survey Abstract No. 240 in the City of Pearland, Brazoria County, Texas. General Location: 3406 McLean Road., Pearland, TX. Planner II Buaku presented the staff report with exhibits. Planner II Buaku informed the commission that the replat does conform to the requirements of the UDC. Staff does recommend approval. Property Owner, Sandra Cavazos at 3406 McLean Road, Pearland, Texas 77581, was in attendance in-person in Council Chambers to answer any questions for the P&Z Commission. Chairperson Fuertes called for public input. Resident, Gerald Kanap at 5005 Carmona Lane, Pearland, Texas 77584, asked the P&Z Commission how the lot is going to be divided and if the property is in a flood zone. Vice Chairperson Dansby referred Mr. Kanap to the proposed replat displayed in the presentation. Planning Manager Griggs showed the flood plain map and informed Mr. Kanap that the property is in the 100-year flood plain. Planning Manager Griggs stated that flood mitigation would be handled in the permitting process. No further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — PLAT 21-00057: Replat of Ryan Acres Lot 26 Block 1. Commissioner Cade made the motion to approve, Commissioner Isenberg seconded the motion. Motion passed 7-0. Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP 21-00011: Variance from 3:1 Lot Width to Lot Depth Ratio and Minimum Lot Width Requirement for the R-2 District. CONSIDERATION AND POSSIBLE ACTION — VARP 21-00011: VARIANCE FROM 3:1 LOT WIDTH TO LOT DEPTH RATIO AND MINIMUM LOT WIDTH REQUIREMENT FOR THE R-2 DISTRICT A request of Lupe Garcia, the applicant; on behalf of Arnulfo and Romana Salazar, owners; for approval of a Variance Permitted in Section 2.6.1.1 (b) (1) of the Unified Development Code, Ordinance No. 2000-T, from Section 3.2.14.2 (c) to allow the creation of a lot in excess of the 3:1 depth to width ratio and from Section 2.4.2.6(c) (1)(b) to create a lot that is less than the minimum lot width requirement in the R-2 District described to wit: Legal Description: A Subdivision of 0.333 Acres, Being the middle 1/3 of Lot 72, of Figland Orchard Subdivision No. 1 as recorded in Volume 3, Page 77 of the Plat Records of Brazoria County, Texas. General Location: 5933 Fite Road, Pearland, TX. Planner II Buaku presented the staff report with exhibits. Planner II Buaku informed the commission that the plat variance does conform to the requirements of the UDC. Staff does recommend approval. Applicant Representative, Chris Collier at 5933 Fite Road, Pearland, Texas 77584, was in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Collier stated that this property is existing and will not be able to meet the lot regulations. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. No further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP 21-00011: Variance from 3:1 Lot Width to Lot Depth Ratio and Minimum Lot Width Requirement for the R-2 District. Commissioner Cade made the motion to approve, Vice Chairperson Dansby seconded the motion. Motion passed 7-0. Chairperson Fuertes read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 21-00017. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION: ZONE 21-00017 A request by Jose Jaramillo, RSG Engineering, applicant, on behalf of DN 18 Rivers LLC, owner, for approval of a zone change from the General Commercial (GC) District to the Light Industrial (M-1) District, on approximately 9.569 acres of land; to wit: Legal Description: 9.569 acres (416,845 square feet) of land, being a called 9.65 acres tract, being the North one-half of Block 43, Section No. 2, of the H.T. & B.R.R.Co. Survey, Certificate 361, Abstract No. 542, Save & Except a 0.1091-acre tract, conveyed to the State of Texas, per B.C.C.F. No. 2005023018, Brazoria County, Texas. General Location: 1613 Main Street, Pearland, TX. • Planner II[FB1] Buaku presented the staff report with exhibits. Planner II Buaku informed the commission that this zone change application does conform to the requirements of the UDC, but it is not platted and will have additional overlay corridor requirements. Staff does recommend approval. The applicant was not present to present to the P&Z Commission. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Isenberg stated that he is fine with this zone change because it is becoming a stricter zoning district. Chairperson Fuertes asked staff if there are any uses allowed under the M-1 district that staff is uncomfortable with. Planning Manager Griggs replied that staff sees this zone change as beneficial to Main Street. Commissioner Henrichs asked staff if there are any uses allowed under the M-1 zoning district that may produce nuisances. Planning Manager Griggs answered yes, but those nuisances would be regulated by other organizations. Commissioner Henrichs asked about the residential house on Bartlett Way that is near the property. Planning Manager Griggs replied that the residential property is close to the property, but any manufacturing would have to happen as far away from the residential property as possible. 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 21-00017. Commissioner Isenberg made the motion to recommend approval to City Council, Commissioner Cade seconded the motion. Motion passed 7-0. Chairperson Fuertes read into the record the items on Commission Input and Discussion —Conditional Use Permit Application: CUP 21-00031. COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP 21-00031 A request by Shezad Amir, applicant, on behalf of Matthew Berger, owner, for approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Business (GB) District, to accommodate an approximately 2,000-square foot hookah and vape retail shop within an existing multi-tenant commercial center, on approximately 12.6047 acres of land, to wit: Legal Description: Being all of Tract 1 of the Pearland Plaza Addition, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in Volume16, Page 33-36 in the Official Plat Records of Brazoria County, Texas. General Location: 3227 Broadway Street, Pearland, Texas. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed the commission that it was brought to the attention of staff that the business was engaged in the sales of the vape and hookah equipment and acting as a vape lounge determined by signage and staff also requested that the applicant remove all items requiring a CUP until such time that one may be approved. Senior Planner Bireima stated that this CUP does conform to the requirements of the UDC. Staff does recommend approval. Applicant, Shezad Amir at 1414 Wood Hollow Drive, Houston, Texas 77057, was'in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Amir stated that they did not realize that they would need a CUP to sell vape or e- cigarette products, due to a previous business partnership that has since dissolved. He said that he can prove this with a letter from his attorney. Mr. Amir said that their business is mainly a novelty store, but they also are not currently selling or displaying products that need a CUP. Planning Manager Griggs informed the P&Z Commission that the issue happened when the applied for their occupancy permit and did not mark that they would be selling vape products. He stated that the person that applied for the occupancy permit is no longer working for their business. Planning Manager Griggs stated that once city staff found out that they were selling unauthorized vape products, they were asked to remove any item that may require a CUP to sell, and the business owners complied. Commissioner Isenberg said that he does not support vape stores and they did not get the use permitted, so his vote would be a no. Commissioner Cade stated that she would also vote no for this CUP. Commissioner Earles asked the applicant if they plan on expanding their smoking products, like cigarettes, if they have ever operated a business in Pearland and if there would be smoking within the store. Mr. Amir replied that they do not wish to sell any tobacco products and that they do not have any other businesses in Pearland and there would not be smoking within the store. Commissioner Earles stated that he is undecided on this item. Commissioner Henrichs stated that she is not a fan of hookah or vape shops and asked if there is ever any crime at the other shops they own. Mr. Amir replied that they have a strict ID checking policy to sell CBD or vape products. He also said that there have never been any theft or crime at any of his businesses. Mr. Amir agreed that smoke shops may draw a bad crowd, but they will ban any sketchy customers if need be. Commissioner Henrichs stated that if this was a new establishment coming in for a CUP that she would have suggested another location. Vice Chairperson Dansby said that he would vote no whether this was a new application or an existing business. Commissioner Henrichs asked if Kroger sells vape products. Mr. Amir answered yes and cigarette and CBD products as well. Mr. Amir informed the P&Z Commission that his store does not want to be a smoke or vape shop but only sell vape products along with other items. He stated that him and his wife are locked into a seven-year lease at this spot. Mr. Amir offered to cover the shops windows to conceal the vape products. Deputy City Attorney Provins advised Mr. Amir to consult with planning staff about window visibility. Chairperson Fuertes asked the applicant if they got permission from the landlord of the retail shopping center to sell vape and CBD items. Mr. Amir answered yes. Chairperson Fuertes stated that they just did not get permission from the city. No further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Select P&Z Commissioner to Serve on Short Term Rental (STR) Advisory Committee. CONSIDERATION AND POSSIBLE ACTION — SELECT P&Z COMMISSIONER TO SERVE ON SHORT TERM RENTAL (STR) ADVISORY COMMITTEE Select a P&Z Commissioner to serve on the Short-Term Rental (STR) Advisory Committee. Commissioner Cade nominated Commissioner Derrell Isenberg to be appointed to the Short Term Rental Advisory Committee, Vice Chairperson Dansby seconded the nomination. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Select P&Z Commissioner to Serve on Short Term Rental (STR) Advisory Committee. Commissioner Earles made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 7-0. Chairperson Fuertes read into the record the items on Commission Input and Discussion — P&Z Commission 2022 Meeting Calendars. COMMISSION INPUT AND DISCUSSION - P&Z COMMISSION 2022 MEETING CALEN DARS Staff establishing the P&Z Commission Meeting times and dates for 2022. Planning Manager Griggs presented the calendars to the P&Z Commission. DISCUSSION ITEMS 1. Commissioners Activity Report— Commissioner Earles asked staff if the P&Z Commission could have a workshop to better understand the P&Z Commissions goals and purpose. Planning Manager Griggs stated that he will implement an SOP for the P&Z Commissioners. Members of the P&Z Commission also discussed the Highway 35 Corridor and Pearland citizen's views on vape shops. Commissioner Henrichs mentioned housing options for senior citizens in Pearland. Planning Manager Griggs stated that developments like those are usually presented as cluster plans, and he is hoping to include planning for developments like that in the upcoming comprehensive plan. Commissioner Cade asked about the CUP notice sign in front the Kroger retail shopping center and stated that it was not specific enough. Commissioner Isenberg agreed that the notice signs are too vague and suggested a bright colored sign. Vice Chairperson Dansby said that sign requirements should be effective and affordable. 2. Next F&Z Regular Meeting — November 1' 2021. ADJOURNMENT Chairperson Fuertes adjourned the P&Z Regular meeting 8t7:40PK4. These minutes were respectfully submitted by: VV V, 8he|b�^_oVV8' Office Assistant Minutes approved as submitted and/or corrected OU this 1St day OfNOVenlb8[ 2021. A.D. Henry FUerteG. Planning & Zoning Chairperson