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2021-09-20 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, SEPTEMBER 20, 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 6:32 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, City Engineer Rajendra Shrestha, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner Florence Buaku 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 Commissioners Ashlee Boswell and Jennifer Henrichs from the August 16, 2021, P&Z Regular Meeting. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Excused Absences. Commissioner Cade made the motion to approve, Vice Chairperson Dansby seconded the motion. Motion passed 5-0. CONSIDERATION & POSSIBLE ACTION —APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from August 16, 2021. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Approval of Minutes. Commissioner Cade made the motion to approve, Vice Chairperson Dansby seconded the motion. Motion passed 5-0. NEW BUSINESS Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP 21-00009: Variance from the Required Minimum Lot Depth to Width Ratio. CONSIDERATION AND POSSIBLE ACTION — VARP 21-00009: VARIANCE FROM THE REQUIRED MINIMUM LOT DEPTH TO WIDTH RATIO A request of Joshua Calip, the applicant; on behalf of Fellowship of Believers Baptist Church, owner; 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 described to wit: Legal Description: A Subdivision of 3.0000 Acres Situated in The H.T.B.R.R. Co. Survey, Abstract No. 240, City of Pearland, Brazoria County, Texas. General Location: 2834 Wagon Trail Road. Planner Buaku presented the staff report with exhibits. Planner Buaku informed the commission that the plat variance does conform to the requirements of the UDC. Staff does recommend approval. 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 21-00009: Variance from the Required Minimum Lot Depth to Width Ratio. Commissioner Cade made the motion to approve, Vice Chairperson Dansby seconded the motion. Motion passed 5-0. Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP 21-00010: Variance from the Required Minimum Lot Depth to Width Ratio. CONSIDERATION AND POSSIBLE ACTION — VARP 21-00010: VARIANCE. FROM THE REQUIRED MINIMUM LOT DEPTH TO WIDTH RATIO A request of Action Survey LLC, the applicant; on behalf of Nicholas Damian, owner; 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 described to wit: Legal Description: 1.010 Acre (44,000 Sq. Ft.) Of Land out of The H.T. & B. RR CO. Survey, Section 18, A-547, as described by C.C.F.N. 1998023750 Deed Records of Brazoria County, Texas. General Location: West of 4825 Ethel Dr. Pearland (ETJ). Planner Buaku presented the staff report with exhibits. Planner Buaku informed the commission that the plat variance does conform to the requirements of the UDC. Staff does recommend approval. Chairperson Fuertes called for public input. The owner, Damian Nicholas resident at 5602 Groveton Lane, Pearland, Texas 77584, was in attendance in-person in Council Chambers to answer any questions for the P&Z Commission. 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 21-000010: Variance from the Required Minimum Lot Depth to Width Ratio. Commissioner Boswell 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 —Zone Change Application: ZONE 21-00016. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION: ZONE 21-00016 A request by Lonnie Turner, applicant and owner, for approval of a zone change from the Neighborhood Service (NS) District to the General business (GB) District, 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. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed the commission that this zone change application 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 Council Chambers to present to the P&Z Commission. Ms. Weeks informed the P&Z commission of the site's history. She stated that they need this zone change to GB and then they will then apply for a CUP for a message establishment. 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 — Zone Change Application: ZONE 21-00016. Commissioner Boswell made the motion recommend approval to City Council; Vice Chairperson Dansby seconded the motion. Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 21-00027. COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP 21-00027 A request by Victor Houtmann, applicant, on behalf of Olin Wooten, owner, for approval of a Conditional Use Permit (CUP) for Concrete Batching Plant use within the Light Industrial (M-1) District, to accommodate the construction of a cement batch plant on a portion of the 77.703-acres property, to wit: Legal Description: Being all of Lot 1, Block 1 of the Minor Plat of Nilo, a subdivision of 77.703 acres of land located in the H.T. & B.R.R. CO. Survey, Abstract 542 and the R.B. Lyle Survey, Abstract 543, in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2014046197 in the Official Plat Records of Brazoria County, Texas. General Location: 4501 Knapp Road, Pearland, Texas. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed the commission that the conditional use permit does mostly conform to the requirements of the UDC. Staff does recommend approval with the following conditions: 1. A geotechnical report to assess the current condition of Knapp Road and traffic impact analysis shall be submitted and approved by the City prior to permitting. Any recommendations from that report shall be followed by the applicant. 2. The proposed use shall comply with any appropriate federal and/or state standard as well as any others specified by this UDC or any other City Codes, such as adopted noise or hours of operation regulations. Applicant, Victor Houtmann at 1120 North Main Street, Pearland, Texas 77581, was in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Houtmann stated that he applied for a CUP so that they could add a concrete batch plant on to his current business. His current business is a pipe coating company, and he informed the P&Z Commission that there is not that much traffic on the road. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Dansby stated that he would like to see the TIA that staff recommended and asked what the hours of the batch plant. He mentioned that location is key for a concrete batch plant. Senior Planner Bireima stated that Knapp Road is not in good condition. Planning Manager Griggs stated that the plant would increase dust and sound in the area and there is a restaurant near the property. Mr. Houtmann said that the trucks will come in from 4:00 to 6:00am and they do have TCEQ air approval. Commissioner Cade stated that she is not against this CUP. Planning Manager Griggs stated that the concrete batch plant would be located near the east end of Knapp Road. Senior Planner Bireima stated that the city cannot limit the hours of operation, but TCEQ can. Deputy City Attorney Provins stated that this business was doing concrete batch prior to this CUP but the applicants are expanding the plant to be used by others. Mr. Houtmann said that they have a dust collector system within the plant. Commissioner Henrichs stated that there are not a lot of places to have this type of business and that this is an ideal location in the city. Commissioner Boswell said that she sees no issue with this CUP. Chairperson Fuertes stated that is the ideal location for a concrete batch plant. He asked if the TIA worksheet will come back with road material recommendation. City Engineer Shrestha stated that the roadway is in poor condition right now and it will be continued to be damaged by big trucks, so the TIA worksheet is needed to ensure the developer absorbs some of the cost to redo the road. Chairperson Fuertes, Vice Chairperson Dansby, Commissioner Cade, Commissioner Henrichs and Commissioner Boswell all stated they would vote for approval of this CUP. 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 21-00029. COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP 21-00029 A request by Cameron Crouch, GCP Commercial, applicant, on behalf of Sue Morrison 2012 Trust, owner, for approval of a Conditional Use Permit (CUP) for Auto Wash (Self-Service) use within the General Commercial (GC) District, to accommodate a proposed development for an automatic car wash facility with associated vacuum stalls, on approximately 5.1891 acres of land, to wit: Legal Description: All that certain 5.1891-acre tract of land located in the R.B. Lyle Survey, Section No. 2, Abstract No. 542, Brazoria County, Texas, also being out of and a part of Lot 13, Zychlinski's Subdivision of the said R.B. Lyle Survey, a map or plat of which is recorded in Volume 29, Page 43 of the Deed Records of Brazoria County, Texas. General Location: North of 2027 Main Street, Pearland, Texas. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed the commission that the conditional use permit does conform to the requirements of the UDC. Staff does recommend approval with the following conditions: 1. The proposed carwash shall be developed in substantial conformance to the building materials shown on the Applicant's Building Elevations Exhibits. 2. The perimeter of the subject site shall be screened by a minimum 36" continuous hedgerow of evergreen shrubs to screen the drive-through and vacuum stations from view of adjacent streets and properties. Applicant, Joseph Earnest at 2208 West 700 Street, Springville, Utah 84663, was in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Earnest explained what details made Quick Quack Car Washes different from other carwashes. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request Vice Chairperson [}aDabv asked where the c8[w/8ehwill be |OoGtad on the property. K8C Earnest stated that the anticipated Use will be in the southern area of the property. Commissioner Boswell asked staff how many carwashes are located within three Dli|eS Of this proposed CUP Senior P|8DDeF Bi[einD8 informed C0[U[UiSSiUne[ BOSVVH|| that there are 2 canwaahee within 1 [Oi|H and 4 c8Rw8ShHS within 3 miles. CnrnrninsioDe[ B0Svve|| said that she likes the oanwoshes business rnod8|' but PeodoDd doesn't Deed another ounwush. Commissioner Hnnhohs likes that they conserve water and does the C8rw8Sh. Chairperson FUmrtma stated that he thinks this is a good |Oc8tiOD for 8 C8nw8Gh. Chairperson Fuertea, Vice Chairperson [}onsb)\ Commissioner Cade, CornnniseionerHenhchs and Commissioner Boswell all stated they would vote for approval of this CUP No further discussion from Staff, P&Z COOODliSSi0D or Public input. DISCUSSION ITEMS 1. COOOVlisSiODe[S Activity Report — Commissioner Cade asked about CB[} shops Dg8diDQ 8 CUP. Deputy City Attorney Pn]ViOS stated that the P&Z CO[nDliSSiOD VVOU|d have to add that topic t0 an agenda to discuss further. Chairperson Fu8rtenoSked if the P&ZCODlUliSSiOD C0U|d have rehnaha[ OD Roberts F<u|ee of Orders. 2. Next P&Z Regular Meeting — October 4, 2O21. ADJOURNMENT Chairperson FU8rtGS adjourned the P&Z Regular meeting at7:47 P.M. These minutes were respectfully submitted by: Shelby 6we, Office Assistant K4iOUteS approved as submitted and/or corrected on this4th day 0f October 2U21. A.D. H8OryFU8rt8a. P|8DDiDg & Zoning Chairperson