Loading...
2021-08-02 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA IN-PERSON/TELEPHONENIDEO CONFERENCE OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, AUGUST 2, 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 Andrew Earles P&Z Commissioner Jennifer Henrichs P&Z Commissioner Derrell Isenberg Also, present were Deputy City Attorney Lawrence Provins, City Engineer Rajendra Shrestha, Assistant City Engineer Parviz Pourazizian, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner Florence Buaku, Planner Vince Hustead, Planner Samin Bazargan 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 — APPROVAL OF MINUTES AND EXCUSED ABSENCE Approve the P&Z Regular Meeting minutes from July 19, 2021. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Approval of Minutes. Commissioner Cade made the motion to approve, Commissioner Earles seconded the motion. Motion passed 7-0. ITEMS REMOVED FROM THE CONSENT AGENDA Chairperson Fuertes read into the record the items on Consideration and Possible Action — Final Plat of Riverstone Ranch Section 13. PLAT 21-00043. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF RIVERTSONE RANCH SECTION 13 PLAT 21-00043 A request of Zach Zarse of LJA Engineering, on behalf of Meritage Homes, owner: to approve the Final Plat of Riverstone Ranch Section 13 creating 74 single family lots and 5 reserves, described to wit: Legal Description: A Subdivision of 25.988 Acres of land situated in the Y.J. Green Survey, Abstract 290, City of Pearland, Harris County, Texas, also being a Replat of all of Lots 2, 7, 8, 9, 18, and part of Lots 3, 10, 19, 29, 41, and 42, out of the Allison Richey Gulf Coast Home Company Subdivision Section "G," as recorded in Vol. 4, Pg. 48, H.C.M.R. and all of Reserves "A" and "D" of Riverstone Falls Drive Street Dedication as recorded in Film Code No. 669111 H.C.M.R. General Location: East of Pearland Parkway, South of Hughes Road. Planner Hustead presented the staff report with exhibits. Planner Hustead informed the commission that the final plat conforms to the requirements of the UDC. Staff recommends approval. Applicant, Zach Zarse with LJA Engineering was not in attendance online or in- person. Chairperson Fuertes called for public input. Resident, Peter Johnson at 2113 Limrick Drive Pearland, Texas 77581, was in attendance in-person in Council Chambers to address the P&Z Commission. Mr. Johnson has been a resident of Pearland and Green Tee Terrance for the past 33 years. Mr. Johnson stated that Mayor Emeritus Reid has always promised better security and they have security problems in Green Tee Terrance. He described the proposed plat and characteristics of the new neighborhood. Mr. Johnson asked for a secured fire access gate between the two neighborhoods. Planning Manger Griggs replied to Mr. Johnson that the international fire code would be used to develop this neighborhood and the gate feature between both neighborhoods. Planning Manager Griggs assured that only emergency personnel would have access to this gate. Commissioner Isenberg reassured that the P&Z Commission has always worked with the residents of Green Tee Terrance to maintain no additional entrances. No further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Final Plat of Riverstone Ranch Section 13. PLAT 21-00043. Vice Chairperson Dansby made a motion to approve, Commissioner Cade seconded the motion. Motion passed 7-0. NEW BUSINESS Chairperson Fuertes read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 21-00010. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION: ZONE 21-00010 A request by Eric Langan, applicant, on behalf of RCI Holdings Inc., owner, for approval of a zone change from the Business Park-288 (BP-288) District to the General Commercial (GC) District, on approximately 18.655 acres of land, to wit: Legal Description: Tract (1): A tract or parcel of land containing 11.250 acres or490,034 square feet, being the same called 11.250-acre tract described in a deed to International Bank of Commerce, as recorded under Harris County Clerk's File (H.C.C.F.) No. 20120249527, situated in the D. White Survey, Abstract No. 881, Harris County, Texas. Tract (2): A tract or parcel of land containing 7.405 acres or322,570 square feet, being the same called 7.4369-acre tract conveyed to Beltway7.437 LP, as recorded under Harris County Clerk's File (H.C.C.F.) No. Y405144, situated in the D. White Survey, Abstract No. 881, Harris County, Texas. General Location: West of 2850 S Sam Houston Pkwy E., Pearland, TX Planner Buaku presented the staff report with exhibits. Planner Buaku informed the commission that this zone change application does not conform to comprehensive plan or future land use plan but does conforms to the other requirements of the UDC. Staff recommends approval. Applicant, Eric Langan was in attendance online via Webex to present to the P&Z Commission. Mr. Langan stated that he previously lived in Pearland in 2001 and wants to open a large basketball court facility. Mr. Langan informed the P&Z Commission that he does own the land to the west and south and he believes this is a good location for this type of development. Mr. Langan states that the warehouse behind the sports complex will supplement income until the sports complex makes a profit. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Chairperson Fuertes asked about a sexually oriented business (SOB) possibly being developed on this property. Staff and P&Z Commission discussed SOB's and how they may relate to this project. Commissioner Boswell said she is not opposed to this request. Commissioner Cade agreed with Commissioner Boswell. Chairperson Fuertes asked if this should be a PD with underlying zoning. Planning Manager Griggs stated that staff did consider both options of amending BP-288 zoning regulations or having the applicant apply for a PD. Planning Manager Griggs said that staff ended up suggesting a zone change due to the corridor overlay district and the regulations that come with that district. Vice Chairperson Dansby reminded the P&Z Commission that this is a rezoning, so there is no guarantee for the sports complex. Deputy City Attorney Provins stated that this zone change, or development may not be suitable for a PD. Chairperson Fuertes asked staff if the P&Z Commission if they should approve this zone change from BP-288 to GC zoning and trust the city ordinances to regulate from just any development to go in this lot. Deputy City Attorney Provins replied that staff's recommendation is just a suggestion for 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 21-00010. Commissioner Isenberg made a motion to recommend approval to City Council, Commissioner Cade seconded the motion. Motion passed 5-2. Vice Chairperson Dansby and Commissioner Cade voted against. Vice Chairperson Dansby is concerned with what business might go in that area and thinks the corridor should have a certain feel to it. Commissioner Cade agreed with Vice Chairperson Dansby and with bullet point number four in the staff report. Chairperson Fuertes read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 21-00012. Vice Chairperson Dansby recused himself from this item. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION: ZONE 21-00012 A request by Justin S. Barnett, applicant, on behalf of Tranquility Lake Estates LLC, owner, for approval of a zone change from the General Business (GB) District to the Single-Family Residential-1 (R-1) District, on approximately 4.7034 acres of land; to wit: Legal Description: Reserve E of Tranquility Lake Estates Section 4, a subdivision of 15.8690 acres of land situated in the southwest 1/4 of the northwest 1/4 of Section 17, H.T. & B.R.R. CO. Survey, Abstract No. 242, City of Pearland, Brazoria County, Texas, according to the Final Plat recorded in County Clerk's File No. 2019010684 in the Plat Records of Brazoria County, Texas. General Location: West Side of Serenity Drive, Pearland, TX (property between Serenity Drive and Serenity Court). Planner Bazargan presented the staff report with exhibits. Planner Bazargan informed the commission that this zone change application does not conforms to the requirements of the UDC. Staff does not recommend approval. Applicant, Justin Barnett on behalf of Tranquility Lake Estates LLC, was in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Barnett stated that he has applied for this same zone change request in 2015 and 2016, but this time he is coming to the P&Z Commission with support from residents and the HOA. He stated that there are numerous developments on the west side of Cullen but there is little to no traffic on Old Chocolate Bayou Road. Mr. Barnett informed the P&Z Commission that there will be a total of 12 lots added to the existing gated community and for the proposed development to the south they would add the 14-foot utility easement and concrete fence to further reduce the setbacks they would have due to a residential development being placed there. Expanding this gated community would help add revenue to a small HOA. Chairperson Fuertes called for public input. Resident, Fran Goundry at 8020 Serenity Drive Pearland, Texas 77584, was in attendance in-person in Council Chambers to address the P&Z Commission. Ms. Goundry stated that this neighborhood expansion is concerning to all the residents. She is requesting communication and clarification from the development company. Ms. Goundry said that she not opposed to this development but not at the expensive of the cul de sac, since there was an additional cost to purchase one of those premium lots. She stated that there was a fire access gate that was approve by the P&Z Commission in March 2019 and she is not in support of this zone change. Property owner, Jennifer Evans with Signature Companies at 9337E Katy Freeway #377 Houston, Texas 77024, was in attendance in-person in Council Chambers to address the P&Z Commission. Ms. Evans is the property owner for the 10 acres to the south of this property. She stated that Signature Companies is planning a development on that southern property of an office condo park. She did state that the zoning changing to residential will make their development will have to add a 25- foot landscape buffer even with the concrete wall being added. She is also concerned with the access to their communication tower that they were planning on accessing through the cul de sac. Ms. Evans stated that this zone change would shift their development into an economic hardship, and she is not in favor for this zone change. Resident, Dr. Jayasimha Murthy at 8025 Serenity Drive Pearland, Texas 77584, was in attendance in-person in Council Chambers to address the P&Z Commission. He stated that he moved to this neighborhood in 2019 and it was quiet. Dr. Murthy said that he is not opposed to additional development to the neighborhood but would like the cul de sac to remain as is. He would also like to know why the access fire gate has not been constructed. Dr. Jayasimha said that HOA did seem in favor for this development but due to the legal structure of their HOA meetings no residents were able to voice any reservations about this proposed addition. Resident, Jorge Patino at 8021 Serenity Drive Pearland, Texas 77584, was in attendance in-person in Council Chambers to address the P&Z Commission. He stated that he had the same concerns as his neighbors, but he also has two kids that play outside, so he is opposed to additional development since it will create more traffic in their smaller community. Resident, Andria Hall at 8009 Serenity Drive Pearland, Texas 77584, was in attendance online via Webex to address the P&Z Commission. She stated that she is concerned like the other residents but is not completely opposed to this zone change. Ms. Hall stated that this a great community with nice neighbors but would like a steel fence to be added around their neighborhood pond because of security reasons. She is also afraid of flooding if new development is added and requested more information from the management company. Resident, Jennifer Hopkins at 8032 Serenity Drive Pearland, Texas 77584, was in attendance online via Webex to address the P&Z Commission. Ms. Hopkins stated that she lives on the cul de sac and that she did pay more for that lot. She is opposed to this zone change. Resident, Joyce Fugit at 8024 Serenity Drive Pearland, Texas 77584, was in attendance online via Webex to address the P&Z Commission. Ms. Fugit sent her comments to staff to share with the P&Z Commission prior to the meeting. She stated that she feels the same as her neighbors and encourages additional development, but Mr. Barnett has been contradicting with information. Resident, Shanini Joy at 3018 Tranquility Lake Estates Boulevard Pearland, Texas 77584, was in attendance online via Webex to address the P&Z Commission. Ms. Joy stated that she moved to this neighborhood in December 2021, and she was told by her seller that the cul de sac will remain closed. She did state that she is concerned with safety and gate access issues that may come with this zone change. Commissioner Henrichs confirmed that the access fire gate on the cul de sac would be installed by the first commercial development on the other side and that there would be no impact on the southern development. Commissioner Cade said that she agrees with the residents and would not recommend this zone change. Commissioner Isenberg agreed with Commissioner Cade and recognized that these citizens have a certain standard of living that they would like to maintain. He said that he does not want the development to the south to be affected. The P&Z Commission asked Ms. Evans if she has changed her stance since the applicant, Mr. Barnett has said that this residential development would take on the required setbacks and buffers. Ms. Evans stated that she is not comfortable changing her stance of opposition on this zone change. She said that she has no dialogue with the applicant and is still concerned with the communication tower access. Commissioner Boswell said that there is a lack of communication with the citizens and according to them none of their questions or concerns have been addressed. She stated that she is opposed to this zone change right now. Commissioner Henrichs said that this gated community has never been a completely gated community and that 16 homes would not add much more traffic. She stated that she in favor for this zone change. Chairperson Fuertes reminded the residents that the property is currently zoned GB and that any uses allowed under that zoning would be allowed to go in there. He stated that this zone change is different from what was promised initially. 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 21-00012. Commissioner Cade made a motion to reconsider this item, Commissioner Boswell seconded the motion. Motion passed 6-0-1. Commissioner Cade made a motion to recommend approval to City Council, Commissioner Earles seconded the motion. Motion failed 1-5-1. Vice Chairperson Dansby rejoined the meeting. Chairperson Fuertes read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 21-00013. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION: ZONE 21-00013 A request by Jennifer Curtis, META Planning & Design LLC, applicant, on behalf of TX-Land Parcels, LLC, owner, for approval of proposed amendments to the Pearland Town Center Planned Unit Development (PUD), to accommodate detached townhomes development on single-family residential lots subdivided for individual ownership within Sub-Area "C" of the PD, on approximately 13.692 acres of land, to wit: Legal Description: Being Lots 14, 15 & 16 of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 200805836 in the Official Records of Brazoria County, Texas. General Location: South Side of 11200 Broadway Street, Pearland, TX. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed the commission that this zone change does conform to majority of the requirements of the UDC and Code Conformance Table. Staff does not recommend approval. Applicant, Jennifer Curtis with META Planning & Design LLC at 24275 Katy Freeway Suite 200 Katy, Texas 77494, was in attendance online via Webex to answer any questions the P&Z Commission may have. Applicant representative, Ryan Day with Meritage Homes at 3250 Briarpark Suite 100 Houston, Texas 77042, was in attendance online via Webex to present to the P&Z Commission. Mr. Day stated that they made changes to the original plans they presented to City Council and the P&Z Commission at the March 15th Joint Public Planned Development Workshop. Mr. Day proceeded to present their updated plans to the P&Z Commission. Applicant representative, Anthony Voigt with Voigt Associates, Inc. at 2631 Lakecrest Drive Pearland, Texas 77584, was in attendance online via Webex to answer any questions the P&Z Commission may have. CBL Properties representative, Lewis Hilton with CBL Properties at 2030 Hamilton Place Boulevard Suite 500 Chattanooga, Tennessee 37421, was in attendance online via Webex and stated that the Pearland Town Center is in full support of this development. CBL Properties representative, Robert Shetman with CBL Properties at 2030 Hamilton Place Boulevard Suite 500 Chattanooga, was in attendance online via Webex and stated that the Pearland Town Center was ahead of its time. Mr. Shetman shared that Pearland Town Center would like to keep adding amenities to attract citizens to this development. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Boswell stated that she would like staff's recommendation of approval to recommend approval for this project. Commissioner Cade stated that this development would create more of a traffic burden on the private drive that the proposed location is on. She said she is interested in what a TIA would recommend. Commissioner Isenberg stated that he is for this development if they follow the recommendations staff provided. He stated that he is concerned with congestion on the street in the development. Vice Chairperson Dansby stated that he would not recommend approval since this development is starting out with many variances and deviations and may continue to be a difficult development. He said that he is not worried about the product Meritage Homes will produce but does have reservations about the entire proposed development. Commissioner Earles would not recommend this development to City Council. Commissioner Henrichs stated that this a dense residential development and is concerned about fire access. She stated that if the development was less dense that it would not be a bad area for a town home development and that she would not recommend approval right now. Chairperson Fuertes stated that this a difficult piece of land to develop on, along with the rest of the Pearland Town Center. He agrees with Commissioner Boswell and is interested in taking a deeper look at staff's recommendations. Commissioner Henrichs asked if residents parked on the streets would a firetruck be able to get by. Staff and the P&Z Commission discussed that question, speaking about fire access and street width. Commissioner Henrichs would recommend this PD amendment to City Council. Commissioner Boswell stated that she did not see the price point of the product added with the density, no sidewalks and lack of amenities desirable, so she would not recommend this PD amendment. Commissioner Cade said that she would recommend this PD amendment to City Council. 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 21-00013. Commissioner Cade made a motion to recommend approval to City Council, Commissioner Henrichs seconded the motion. Motion fails 3-4. Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 21-00023. COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP 21-00023 A request by Curtis Warren, applicant on behalf of Jung Kwak, owner, for approval of a Conditional Use Permit (CUP) for Adult Daycare (Business) use within the Neighborhood Services (NS) District, to accommodate an adult daycare center within a leased space in an existing retail center, to wit: Legal Description: Being a subdivision of 5.5394 acres of land located in the H.T &B.R.R Company Survey, A-242 Brazoria County, Texas. General Location: 7930 Broadway Street, Ste. 118, Pearland, Texas. Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 21-00023. Vice Chairperson Dansby made a motion to discuss, Commissioner Boswell seconded the motion. Planner Buaku presented the staff report with exhibits. Planner Buaku informed the commission that the conditional use permit does conform to the requirements of the UDC. Staff does recommend approval. Applicant, Curtis and Tracy Warren were in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Warren stated that this CUP application is for a non-medical adult daycare service. He said that this business will focus on elderly adult care during the day. Mr. Warren said they will provide services like shopping trip, doctor's appointments, and field trips. 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 likes this presented CUP. Commissioner Henrichs stated that she loves this service, and it is highly needed in Pearland. Commissioner Isenberg, Commissioner Cade and Commissioner Boswell all said that they would recommend this. 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 21-00025. COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP 21-00025 A request by Ravie Vongole, applicant, on behalf of Pearland Main LLC, owner, for approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Commercial (GC) District, to accommodate an approximately 1500-square foot vape shop, in an existing multi- tenant commercial center, to wit: Legal Description: Being 1.1130 Acres, tract of land situated in the RB Lyle Survey, also being part of lot B, Block 1, of the KMART Super Center, Recorded in Volume19, Page 167-168 of the Brazoria County Plat record, Brazoria County Texas. General Location: 1909 N Main, Suite 101, Pearland, Texas. Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 21-00025. Commissioner Boswell made a motion to discuss, Commissioner Cade seconded the motion. Planner Bazargan presented the staff report with exhibits. Planner Bazargan informed the commission that the conditional use permit does conform to the requirements of the UDC. Staff does recommend approval. Applicant Representative, Rohan Abjani at 10350 Lands End Drive #1707 Houston, Texas 77099, was in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Abjani presented on behalf of his uncle and stated that they would be selling legal vape products. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Cade stated that she would not recommend this CUP application due to the number of similar shops in the surrounding area. Commissioner Isenberg said that he would not recommend this. Vice Chairperson Dansby stated that the CUP application met the requirements so he would recommend this. Commissioner Earles, Commissioner Henrichs, Chairperson Fuertes, Commissioner Boswell all said they would recommend approval for this CUP application due to the location. No further discussion from Staff, P&Z Commission or Public input. DISCUSSION ITEMS 1. Commissioners Activity Report — Planning Manager Griggs mentioned that Commissioner Cade asked about shirts for the P&Z Commission and staff is working on getting them. CODlDliSSi0n8[ Isenberg asked about 000eoa badges for the P&Z CODlr0iSSiOD. COnlnliSSiOD8[ BOSVveU and CoOnFDieaiVDer HeOhcho informed eY8[yODe that they vVVU|d not attend the next P&Z Meeting. 2. Next P&Z Regular Meeting —August 1O. 2O21. ADJOURNMENT Chairperson FUerteS adjourned the P&Z Regular meeting 8L1O:25PK4. These minutes were respectfully submitted by: Ghm|byL�ym. Office Assistant Minutes approved as submitted and/or corrected on this 16th day of August 2021' A.D. Henry Fuerrba. Planning & Zoning Chairperson