2021-07-19 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, JULY 19, 2021, AT 6:30 P.M., HELD IN THE
COUNCIL CHAMBERS, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson Layni Cade opened the meeting for the P&Z Regular Meeting at 7:12
P.M.
In attendance were:
P&Z Chairperson Layni Cade
P&Z Vice Chairperson Henry Fuertes
P&Z Commissioner Ashlee Boswell
P&Z Commissioner Brandon K. Dansby
P&Z Commissioner Jennifer Henrichs
P&Z Commissioner Andrew Earles
P&Z Commissioner Derrell Isenberg
Also, present were Deputy City Attorney Lawrence Provins, Director of Engineering
and Public Works Robert Upton, Assistant Director of Traffic Ryan McKinnis, 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.
ELECTION:
Election of Chairperson and Vice Chairperson to serve until the first regular meeting
of the P&Z in July 2022.
Commissioner Isenberg made the motion to nominate Henry Fuertes as P&Z
Chairperson and Brandon Dansby as P&Z Vice Chairperson, Commissioner Boswell
seconded the motion.
Motion passed 7-0.
Chairperson Fuertes read into the record the items on the consent agenda.
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
Excuse the absences of P&Z Commissioner Andrew Earles from the June 07, 2021,
P&Z Regular Meeting.
Approve the P&Z Regular Meeting minutes from June 21, 2021.
Chairperson Fuertes read into the record the items on Consideration and Possible
Action — Approval of Minutes and Excused Absence. Commissioner Isenberg made
the 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 —Amendment to the Thoroughfare Plan.
CONSIDERATION AND POSSIBLE ACTION — AMENDMENT TO THE
THOROUGHFARE PLAN
A request by City of Pearland, applicant/owner, for approval of an amendment to the
City of Pearland Thoroughfare Plan.
Robert Upton, Director of Engineering and Public Works and Michael Feeny with
Kimley-Horn presented the Amendment to the Throughfare Plan.
Chairperson Fuertes commented that he agrees with Reflection Bay Drive being
removed and explained previous discussions the P&Z Commission had on
Silverlake Parkway. Chairperson Fuertes did state that he does not like that the
Orange Road connecting to Hughes Ranch Road will affect communities within the
city. Director Upton and Mr. Feeny discussed the Orange Road connecting to
Hughes Ranch Road project and explained that the Throughfare Plan is a long-term
plan. Director Upton also stated that there will be a major traffic update when the
census number a released later this year.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible
Action — Amendment to The Thoroughfare Plan. Commissioner Cade made a
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 — Replat of Lots 9 and 10, Block 1 of the Links at Green Tee. PLAT 21-00041.
Vice Chairperson Dansby recused himself from this item.
CONSIDERATION AND POSSIBLE ACTION — REPLAT OF LOTS 9 AND 10,
BLOCK 1 OF THE LINKS AT GREEN TEE PLAT 21-00041
A request of Chris Hendrick, the applicant; on behalf of Patrick A. Treadway, owner;
for approval of the Replat of Lots 9 and 10, Block 1 of the Links at Green Tee,
combining two existing residential lots into one lot on 0.676 acres of land located at
2621 Country Club Drive, described to wit:
Legal Description:
A subdivision of 0.676 acres located in the W.D.C. Hall Survey, Abstract No. 23, in
the City of Pearland, Harris County, Texas.
General Location:
2621 Country Club Drive.
Planner Hustead presented the staff report with exhibits. Planner Hustead informed
the commission that the replat conforms to the requirements of the UDC. Staff
recommends approval.
Applicant was not in attendance in-person or online.
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 — Replat of Lots 9 and 10, Block 1 of the Links at Green Tee. PLAT 21-00041.
Commissioner Cade made a motion to approve, Commissioner Earles seconded the
motion.
Motion passed 6-0-1.
Vice Chairperson Dansby rejoined the meeting.
Chairperson Fuertes read into the record the items on Consideration and Possible
Action —Zone Change Application: ZONE 21-00011.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION:
ZONE 21-00011
A request by Tricia Cardoso, applicant, on behalf of Thomas Skariah, owner, for
approval of a zone change from the General Business (GB) District and Office
Professional (OP) District to the General Commercial (GC) District, on
approximately 3.3655 acres of land, to wit:
Legal Description:
A tract of land containing 3.3655 acres (146,602 square feet), being out of Lot 23 of
the Allison-Richey Gulf Coast Home Company Subdivision of Section 8, H.T. &
B.R.R. Company Survey, Abstract No. 504, Brazoria County, Texas, according to the
plat recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas.
General Location:
6743 Broadway Street, Pearland, TX.
Planner Buaku presented the staff report with exhibits. Planner Buaku informed the
commission that this zone change does conform to the requirements of the UDC
and Code Conformance Table. Staff does recommend amended approval.
Applicant was not present online or in-person.
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 is fine with this zone change. Chairperson
Fuertes said that this property is not abutting residential property and will have a
minimum impact.
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 21-00011. Commissioner Cade made a
motion to recommend approval to City Council, Commissioner Henrichs 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 21-00019.
COMMISSION INPUT AND DISCUSSION — CONDITIONAL USE PERMIT
APPLICATION: CUP 21-00019
A request by Lavene Cross, applicant, on behalf of Grace Business Center, 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 of the Stonebridge
Planned Development (PUD), to accommodate a 1,200-square foot vape shop
located at an existing retail center, on a 4.4996-acre lot, to wit:
Legal Description:
Being all of Tract A, Block 1 of Centre at Pearland Parkway, a subdivision of 4.5066
acres in the City of Pearland, Texas, as recorded in County Clerk's File No.
2006061125 in the Official Plat Records of Brazoria County, Texas.
General Location:
1853 Pearland Parkway, Suite 111, Pearland, Texas.
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.
Applicants, Lavene and Janson Cross were in attendance online via Webex to
present. Ms. Cross explained that their business is a CBD and wellness shop that
will have about six vapes for sale at a time that are disposable and contain no
tobacco or nicotine.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Boswell had a question if there was a difference in their vapes, they
would be selling verses the vape shop near them. Ms. Cross explained that their
vapes would contain no nicotine or harsh chemicals and that they do have a list that
has every ingredient in the vape listed on it. Commissioner Cade asked about CBD
shops in the area. Planner Buaku replied that CBD shops are considered general
retail and do not require a CUP. Chairperson Fuertes stated that this CBD shop is
already open for business. Commissioner Boswell asked for clarifying language on
the vape shop requirements. Commissioner Cade asked if there is an age
requirement for CBD or vape shops. Commissioner Isenberg is okay with them
expanding their business but does not recommend that bars, liquor stores and CBD
shops coming into the city. The Commission asked about if they can now sell
nicotine or cigarette products. Planning Manager Griggs stated no it would only be
approval for vapes and they would have to come back and apply for another CUP
sell nicotine or cigarette products. Commissioner Earles recommends approval with
the condition to come back with another CUP if they want to sell nicotine or cigarette
products. Commissioner Henrichs stated that she is fine with this approval since it
leans towards CBD, not fine with tobacco sales. Commissioner Cade would not
recommend approval. Chairperson Fuertes would recommend approval since the
store is already operating. Vice Chairperson Dansby would recommend approval.
Commissioner Isenberg would not recommend approval. Commissioner Boswell
would recommend approval and agrees with Commissioner Earles.
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 21-00020
COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT
APPLICATION: CUP 21-00020
A request by Louis Urrabazo, applicant, on behalf of Vaquero Studio Partners, LP,
owner, for approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or
ECigarettes Shop (Retail Only) use within the General Commercial (GC) District, to
accommodate approximately 1,740-square foot vape shop located at an existing
retail center, on a 0.8312-acre lot, to wit:
Legal Description:
Being all of Lot A, Block 1 of AAP — Pearland Section 1, a subdivision of 3.7164
acres situated in the Perry and Austin League, Abstract No. 111, in the City of
Pearland, Texas, as recorded in County Clerk's File No. 2006055695 in the Official
Plat Records of Brazoria County, Texas.
General Location:
1427 Broadway Street, Suite A, Pearland, Texas.
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, Louis Urrabazo and his business partner Abdur Sipra were in attendance
online via Webex to present. Mr. Urrabazo did state that his business partner and
himself are police officers and that this will be a high end vape shop.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Cade stated that this business will not improve the look of Pearland
and it will be near an entrance on the Friendswood border. Commissioner Boswell
stated that vaping is trending in this generation and that the P&Z Commission will
need to define their stance on this kind of business. Mr. Sipra described the
business model further Commissioner Boswell stated that she is undecided.
Commissioner Isenberg would not recommend approval. Vice Chairperson Dansby
would recommend approval, but he is not sure about the location. Chairperson
Fuertes stated that he is a weak yes on recommending approval. Commissioner
Cade discovered that this location would be open 24 hours and stated that she
would not recommend approval. Commissioner Henrichs stated that the Pearland
Parkway location is close enough and that she is leaning to not recommend
approval. Commissioner Earles stated that he is a soft yes to recommend approval.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible
Action — Unified Development Code Amendments (2000-T-35).
CONSIDERATION AND POSSIBLE ACTION — UNIFIED DEVELOPMENT CODE
AMENDMENTS (2000-T-35)
A request by the City of Pearland, applicant, for approval of proposed amendments
to the Unified Development Code, Ordinance No. 2000T, in accordance with Section
1.1.4.1 of the Unified Development Code, to include:
1. Amendments to Chapter 2, Section 2.7.3.7, Special Exception for
Nonconformities, of the Unified Development Code, to allow non-
masonry screening options from residential zoning or uses by special
exceptions to be granted by the Zoning Board of Adjustment.
Senior Planner Mohamed Bireima presented staff report with exhibits.
Chairperson Fuertes called for public input.
Residents, Darnell Dow of P.O. Box 1000 Pearland, Texas 77588 and Chad Wixon
of 2116 Cambridge Bay Drive Pearland, Texas 77584 signed up to speak about this
item in person. They both supported staff's statements and had no additional
comments.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible
Action — Unified Development Code Amendments (2000-T-35). Commissioner Cade
made a motion to recommend approval to City Council, Commissioner Boswell
seconded the motion.
Motion passed 7-0.
Chairperson Fuertes read into the record the items on Consideration and Possible
Action — P&Z Commissioner CPAC Selection.
CONSIDERATION AND POSSIBLE ACTION — P&Z COMMISSIONER CPAC
SELECTION
Select 2 P&Z Commissioners to serve on CPAC for the Comprehensive Plan.
Planning Manager Griggs stated that CPAC is the Citizen's Planning Advisory
Committee for the Comprehensive Plan and creating the Comprehensive Plan is a
year long process and commitment. Planning Manager Griggs stated there will be
about four meetings in the fall.
No further discussion from Staff, P&Z Commission or Public input.
^ .
Chairperson Fu8rteS [88d into the record the items on Consideration and Possible
Action — P&Z Commissioner CPAC Selection. Vice Chairperson Oensbv made a
motion to nominate Chairperson FUedoSund Commissioner Boswell to serve onthe
CFAC' Commissioner Cade seconded the motion.
Motion passed 7-O.
DISCUSSION ITEMS
1. CUOOnliSSiOD8[S Activity Report— None.
2. Next P&Z Regular Meeting —AUgUSt 2. 2021.
ADJOURNMENT
Chairperson FUerteS @diOU[O8d the P&Z R8QU|@[ meeting at 9:06 P.M.
These minutes were respectfully submitted by:
Q-Y,A
Shelby dcwe, Office Assistant
Minutes approved an submitted and/or corrected on this 2Dd day of August 2021'
A.D.
Ile
Henry FUerteS' P|8nDiDA Q Zoning Chairperson