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2021-06-07 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA IN-PERSON/TELEPHONE/VIDEO CONFERENCE OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JUNE 7, 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 6:31 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 Andrew B. Earles 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 Vince Hustead, Planner Florence Buaku and Office Assistant Monica Aizpurua. Chairperson Cade 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. Approve the P&Z Regular Meeting minutes from May 4, 2021 and May 17, 2021. Chairperson Cade read into the record the items on Consideration and Possible Action—Approval of Minutes. Commissioner Dansby made the motion to approve, Commissioner Earles seconded the motion. Motion passed 6-0. NEW BUSINESS Chairperson Cade read into the record the items on Consideration and Possible Action — Zone Change from M-1 to GC. ZONE 21-00004. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE FROM M-1 TO GC ZONE 21- 00004 A request by Emily Toungate, applicant, and owner, for approval of a zone change from the Light Industrial (M-1) District to the General Commercial (GC) District, on approximately 3.7353 acres of land; to wit: Legal Description: A 3.735-acre tract of land, out of Tracts 176 and 163 of the Zychlinski and Murdock Subdivision of the G.C. Smith or H.T. & B.R.R. Company Survey, Section 28, Abstract 551 in Brazoria County, Texas, as recorded in Volume 29, Page 9 of the Deeds Records of Brazoria County. General Location: 4650 Dixie Farm Road, Pearland, TX. Planner Buaku presented the staff report with exhibits. Planner Buaku informed the commission that this rezoning application does not conform to the requirements of the UDC, the Comprehensive Plan/Future Land Use Plan and the Code Conformance Table. Staff does not recommend approval. The applicant and owner were not in attendance for the applicant presentation. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Fuertes asked what the proposed use is for the property. Planning Manager Griggs responded that it is currently being used for swim academy that is an allowed use in the M1 District, but the property owners would like to rezone the property so that the front of the property can be leased out to similar occupants. The GC zoning would allow for more uses and potential tenants than M1. Vice Chairperson Fuertes said that he would like for the P&Z Commission to do more planning than reactionary zoning. He said this area could have GC on one side and M1 with the landfill on the other side. He would consider this situation to be spot zoning. Commissioner Dansby asked what the zoning above GC would be if it would be Neighborhood Services. Planning Manager Griggs said that Neighborhood Services is the lowest most restrictive zoning and GB would be next, and he skipped over Office Professional because it is strictly dedicated to office uses. The next is GC and you would gain uses as you go up. Commissioner Dansby said he is familiar with this property because he saw it through PEDC. He informed staff that he did have questions for the property owner or applicant, but they were not in attendance to the meeting. He does not want to assume but in sports complexes or another swim academy there are typically a retail space to sell specific sports equipment to use at these facilities or a sport science doctor's facility. Commissioner Dansby would like the opportunity to ask the owner these questions. He noted that it would be great to approve the zone change today, but the P&Z Commission must think about what the next owners may do later. He would like to keep the feeling of the area the same or comparable. Planning Manager Griggs said that staff is working to get the applicant or owner to join online to be a part of the meeting. Deputy City Attorney Provins informed staff and the P&Z Commission that the applicant Emily Toungate has joined the meeting online via Webex. He informed Chairperson Cade that it would be to her discretion whether Ms. Toungate can present to the P&Z Commission or speak further on the item. Chairperson Cade stated that she would like to hear Ms. Toungate present. Commissioner Dansby asked Ms. Toungate if she is applying for a zone change so the swim academy may allow retail sales. Ms. Toungate said that M1 zoning limits her on what she can do with the property. She stated that she is putting a swim school in the back section of this property and at the front of the property she would like more flexibility with what businesses can go into the tenant space. Commissioner Dansby asked Ms. Toungate if she is intending to use the space for tenants and that it will not be owner operated. Ms. Toungate replied yes. Commissioner Dansby asked Ms. Toungate what portion of the property would be for tenant space. Ms. Toungate replied that 5,000 square feet of the building that would be available for tenant space. Commissioner Dansby asked Ms. Toungate what portion the swim academy would occupy. Ms. Toungate replied that the swim academy would occupy 8,000 square feet. She said the majority occupation would be owner occupancy. Commissioner Dansby stated that the P&Z Commission was discussing the zone change from M1 to GC and how GC would open for any business to come into that area. He did state that he was concerned about that possibility with the M1 district still existing there and this GC zoning would be by itself in that area, including the landfill across the street. Deputy City Attorney Provins brought up that two P&Z Commissioners brought up the future land use staff presented and if M1 zoning is a good future land use for the area. He mentioned Vice Chairperson Fuertes comment about if this is something the P&Z Commission should evaluate in the future. Deputy City Attorney Provins stated that planning for the comprehensive plan will be coming soon, and this might be something the P&Z Commission may want to look at changing then, but that may not help today. Deputy City Attorney Provins said this zone change may put them on an island and may affect the neighbors in the surrounding district. Planning Manager Griggs did confirm that planning for the comprehensive planning will be upcoming, but it is not on the agenda so he will not fully be going into information about the comprehensive plan. Commissioner Henrichs stated that if the GC zoning did not impact the developing neighboring developments in the M1 district negatively that it may be beneficial to the business owner to change the zoning. Planning Manager Griggs replied to Commissioner Henrichs stating that there is no buffer requirement for the M1 district next to GC. He then said the view that staff is trying to discuss is that some industrial users in the M1 district may have a business like a restaurant or daycare center go into the GC zoning that may not allow for those zoning uses to be able to operate. He then stated there would be no site conditions but there may be use conditions. Commissioner Boswell is concerned that there is not enough information concerning what type of businesses may go in there and once the change is made there is no going back. She did state that she is undecided. Commissioner Earles asked Ms. Toungate if she had a tenant in mind. Ms. Toungate replied that she does. She said the tenant that she is ready to sign a 5-year lease with is called Special Graces LLC. She informed the P&Z Commission that they are already located in Pearland and are looking to expand. Commissioner Earles asked Ms. Toungate what this business does. Ms. Toungate replied that it is an adult daycare facility, and the business operates from 8:00am-5:00pm Monday through Friday, and they serve adults from 18 to 40 years of age. Commissioner Boswell asked Ms. Toungate how much space the tenant will occupy because online Special Graces LLC appears to be operating currently in a small home. Ms. Toungate replied that the tenant will occupy 5,000 square feet and they will be combining the area of care and their offices together. Vice Chairperson Fuertes stated that he would like to vote positively for the request, but it does go against his judgement on the process and the rules set in place itself. Someone said at his first P&Z meeting to "vote the dirt" and this is what the P&Z Commission has alluded to. He said that when the tenant goes away but then the P&Z Commission will have opened the land to GC use, and it may not be fair to the neighboring zoning district M1. He also said that this zone change does go against the future land use plan set currently by the city. He encouraged the owner to come back to review this district during the comprehensive plan process. Commissioner Earles asked Deputy City Attorney Provins if there was any way to approve this zone change with a condition. Deputy City Attorney Provins answered Commissioner Earles no because this is a zoning request and there is no conditional approval allowed. Chairperson Cade reiterated what Vice Chairperson Fuertes said that in the past the P&Z Commission has voted no for items because the GC zoning leaves it open for any business to come in and that she will have to vote no for this item. Commissioner Henrichs asked if the neighborhood close by had to change their zoning classification because it looks like it may have been in this M1 zoning district at some point. She said since it was changed for the neighborhood, she would be in support for changing it for this business as well. Planning Manager Griggs replied that yes it was changed for the neighborhood and that a portion of the property was M1, and another portion was R4, this neighborhood was a complete development and might be the reason the P&Z Commission approved the zone change even though it did not meet the comprehensive plan. Vice Chairperson Fuertes asked if the adult daycare use would be a use that may need a CUP. Planning Manager Griggs answered that an adult daycare would not be a use allowed in the M1 zoning district. Chairperson Cade asked if the adult daycare use would be allowed under Neighborhood Services zoning district. Planning Manager Griggs replied that an adult daycare center under Neighborhood Services zoning district would require a Conditional Use Permit. Commissioner Dansby asked if the P&Z Commission was only voting for the zone change to GC and the applicant would have to present a different request for a different zone. Vice Chairperson said that in the past the P&Z Commission has had discussions with the landowner and were able to approve a different zone than what the applicant applied for. Deputy City Attorney Provins answered yes that the P&Z Commission could approve a zone that is less intense than the advertised zone change without it being an issue, so that would be zoning districts GB, OP or NS. Commissioner Dansby asked if the M1 zoning district will allow the swim academy. Planning Manager Griggs answered that yes it will. Commissioner Dansby stated that the owner could have known this from the beginning when buying the property to say that they intend to lease a portion of this space and will it be allowed. He said if 100 percent of the occupancy was going to come from the swim academy and now it is not and it changes the makeup of the property and caused this issue at hand. He said that if the P&Z Commission changes the zoning of the small area at all that the P&Z Commission is still opening the risk of the adjacent property owners being impacted by the uses allowed. He did state that he is curious about the PUD change and would consider tabling in the future. He did say the current zone changed proposed he would have to vote against. Deputy City Attorney Provins suggested asking staff if the P&Z Commission could table the item or if it were zoned to something else would staff's recommendation remain the same because it would be an island in the M1 district. Planning Manager Griggs replied that the change in intensity of the commercial district that is sought in GC or Neighborhood Services is still opening the property to uses that may not be compatible in the M1 district surrounding the area. He said the likelihood of staff's recommendation changing is not high based on the intensity of allowed uses within the island so to speak. Commissioner Boswell stated that she does like the idea of the tenant Special Graces LLC and that why she thinks the P&Z Commission was trying to think of a way that could be allowed but she is also thinking about the fact that the approval of this zone change would only be for one tenant and she does not want to make a proposal based off of this one tenant because she likes the cause and then there is a zoning situation that cannot be changed where any tenant can come in. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Zone Change from M-1 to GC. ZONE 21-00004. Vice Chairperson Fuertes made a motion to recommend approval to City Council, Commissioner Dansby seconded the motion. Motion failed 2-4. Chairperson Cade read into the record the items on Consideration and Possible Action—Province Village Planned Development (PD) Amendment. ZONE 21-00005. CONSIDERATION AND POSSIBLE ACTION - PROVINCE VILLAGE PLANNED DEVELOPMENT (PD) AMENDMENT ZONE 21-00005 A request by Robert Quintana, applicant, on behalf of Malisa Pearland, LP, owner, for approval of an amendment to the land use regulations of the Province Village Planned Development (PD) District, to permit Gym/Health Club use by right within the General Business (GB) District of the PD, on approximately 1.707 acres of land; to wit: Legal Description: Being all of Lot "A", Block 1 of Province Village Replat No. 1, an addition in the City of Pearland, Brazoria County, Texas, as recoded in the plat recorded in the County Clerk's File No. 2014038140 in the Plat Records of Brazoria County, Texas. General Location: 2701 Pearland Parkway, Pearland, TX. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed the commission that this PD Amendment does conform to the requirements of the UDC and Code Conformance Table. Staff does recommend approval. Applicant representatives Mr. Frazier and Mr. Stellmack were in attendance in City Council Chambers. Property owner Mr. Riddle and property manager Mr. Lacks was in attendance online via Webex to present to the P&Z Commission. John Frazier, resident at 1266 Fountain View Drive, Houston, Texas 77057 is representing the owner of 2701 Fair Lane, Todd Riddle who was in attendance via Webex. Mr. Frazier informed the P&Z Commission that Michael Stellmack is the owner of Cycle Bar. Mr. Frazier stated that they were seeking a PD amendment on behalf of Cycle Bar to include their use as approved under the Province Village PD. He stated that they have been working closely with staff in developing the conditions and language of the proposed amendment, so it was intentionally crafted to limit the scope of the use change, both in size and type of fitness concept that can operate under this proposed amendment. Mr. Frazier said that the most important restriction is from any outdoor fitness activity and the use would be entirely indoor and limited to only 2,500 square feet within the shopping center. Mr. Frazier ended by saying that Cycle Bar in their opinion is the best-in- class fitness concept and would be consistent with Pearland neighborhood quality. Michael Stellmack, resident at 2002 Peonies Court, Pearland, Texas 77581. Mr. Stellmack stated that Cycle Bar is boutique fitness that can be limited to 50 indoor cyclist and 1 instructor and there are no outdoor cycling activities, except for fundraiser events within the community. Mr. Stellmack said that the Cycle Bar brand is beautiful and well laid out and would bring a lot to that current shopping center. Exponential Corporation is who Cycle Bar is through has eight other studios like Pure Barre that is across the street from where Cycle Bar will be located. There were no persons wishing to speak for or against the proposed request. Commissioner Dansby asked why the P&Z Commission is reviewing this amendment. Deputy City Attorney Provins replied that the PD does not allow for health clubs if it were GB zoning it would allow this use. Planning Manager Griggs further clarified that when Province Village came through to develop this PD site plan, they severely limited this tract by giving it a General Business designation but then gave it only office professional uses and that is it. He said that this PD amendment is just to allow the health club use within that list of allowed uses that are allowed by right. Commissioner Dansby replied that he has no problem with this amendment. Chairperson Cade asked about the parking since there will be 50 indoor cyclists at one time. Mr. Stellmack said they did evaluate the parking and the busiest times for the business will be in the early morning and the other businesses in this shopping complex do not open until 9:00am, so at the time they will have the most riders in the building will be before the other businesses open. Mr. Stellmack stated that they have spoken to the other businesses near them like the daycare and Lowe's to utilize their parking if it ever becomes a problem and they do not expect 50 cyclists there at one time, most of the time. Vice Chairperson Fuertes stated that this an ideal zone change request opposed to the previous request. He stated that he was part of the process on the initial PD and that it was restrictive, but the area has changed since 2004. His only concern is that they may have to amend this PD again. Chairperson Cade stated she had to ask about parking because she frequents the businesses located nearby. Mr. Stellmack said that was the one concern with that space, but they did speak to the other businesses nearby and he walked and counted the parking spots himself before he signed this lease. Chairperson Cade and Commissioner Dansby said they are for this PD amendment. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action—Province Village Planned Development (PD) Amendment. ZONE 21-00005. Commissioner Dansby made a motion to recommend approval to City Council, Vice Chairperson Fuertes seconded the motion. Motion passed 6-0. Chairperson Cade read into the record the items on Consideration and Possible Action — Auto Wash and Auto Repair (Minor) in the Shadow Creek PD. CUP 21-00016. CONSIDERATION AND POSSIBLE ACTION —AUTO WASH AND AUTO REPAIR (MINOR) IN THE SHADOW CREEK PD CUP 21-00016 A request by Raga Relangi, applicant, on behalf of Kabani Group LLC, owner, for approval of a Conditional Use Permit (CUP) for Auto Wash (Self-Service) and Auto Repair (Minor) within the Commercial District of the Shadow Creek Planned Development (PD), to accommodate the development of a proposed a full-service car wash and a lube center, on 1.386 acres of land; to wit: Legal Description: Being all of Lot 2, Block 1 of the Minor Plat of Kingsley Corner at Shadow Creek, an addition in the City of Pearland, Brazoria County, according to the Plat recorded in County Clerk's File No. 2020004517 in the Plat Records of Brazoria County, Texas. General Location: 12700 Shadow Creek Parkway, Pearland, Texas. Planner Buaku presented the staff report with exhibits. Planner Buaku informed the commission that this CUP application does conform to the requirements of the UDC but does not conform to the Code Conformance Table. Staff does recommend approval with the following conditions: (1) A minimum of 25 to 30-foot landscape screening shall be provided along Shadow Creek Parkway to meet Corridor Overlay District front landscaping buffer requirements. (2) The proposed use should be developed to be in substantial conformance with materials depicted on façade renderings submitted with this CUP application. (3)A minimum 15-foot landscape strip containing large shade trees with a minimum two-inch (2") caliper measured at twelve inches (12") above the root ball shall be provided, with the total caliper inches equal to at least one inch (1") for each ten feet (10') of lot depth, shall be provided along the southern property boundary to provide additional sound buffering from noise that will be generated from vacuuming and detailing activities. Applicant Prasad Maragani was in attendance in City Council Chambers to present to the P&Z Commission. Prasad Maragani, resident at.3815 Tarragonpen Drive, Richmond, Texas 77406, is the applicant along with his partner Raga Relangi and is representing the owner Kabani Group LLC. Mr. Maragani informed the P&Z Commission that the other owner Matt is a partner, and he was in attendance online via Webex. Mr. Maragani said that the site plan was conceptual in nature, and they just wanted to see what would work on the site and that they would take care of all the requirements in terms of landscaping and any additional buffers that may be required. Mr. Maragani stated that they have a landscape buffer set aside along Shadow Creek Parkway and the parking is offset almost 25 feet of the southern side. Mr. Maragani just wanted to correct one thing that business will be a full-service car wash or lube service and only 5 to 10 percentage of this site will be an express car wash where people would wash their own cars. He stated that the elevations have not been finalized yet and they would also have to get approval from the property owners association that do have certain requirements to the façade of the building. There were no persons wishing to speak for or against the proposed request. Commissioner Dansby asked about operating hours. Mr. Maragani replied that it would operate normal hours like from 9:00am or 10:00am until 7:00pm or 8:00pm. Commissioner Dansby stated that he was just concerned about the hours of operation due to the apartment complex nearby since he also lives in Shadow Creek that they would welcome this. Commissioner Boswell stated that is never excited about car washes or automotive services, but if the landscaping is going to be present to keep up with the appearance of the area and the conditions staff recommended were upheld then she would vote to recommend this CUP. Chairperson Cade asked about the lighting if the hours happen to be late. Planning Manager Griggs replied that yes there would be lighting standards for them to adhere to, so that would not need to be a condition of approval unless the P&Z Commission wish to add enhanced lighting standards such as a dark sky policy or something of that nature. Vice Chairperson Fuertes stated that in the past the P&Z Commission he thought it was a rule in the city that garage doors do not face the main street and the building would be perpendicular, if possible, he asked staff if that may still be a rule. Planning Manager Griggs replied that rule deals with the corridor overlay district and Shadow Creek was developed prior to the corridor overlay district existing and being enforced and within staff's recommendation mention back to the corridor overlay district. He said that the screening of those bay doors is not enforceable within the Shadow Creek Planned Unit Development, but it is something the P&Z Commission can consider adding as a conditional approval for this CUP. Vice Chairperson Fuertes stated that with the Shadow Creek PD they did not follow the UDC, they followed the 1999 Land Use Development Plan, but the CUP process is through the UDC, so he is wondering what happened in his 5-year absence from the P&Z Commission. Planning Manager Griggs answered stating that a Conditional Use Permit and a Specific Use Permit are essentially the same thing, so when City Council did the All-Plan Development Amendment that said if a use is allowed, and it is an automotive type of use that it would have to be approved by a Conditional Use Permit. He said that even if would have been allowed in a certain district with a Specific Use Permit, it is now considered a Conditional Use Permit. Chairperson Cade asked if the lighting guidelines they spoke about were in the UDC. Planning Manager Griggs replied that the lighting guidelines are in the UDC. Deputy City Attorney Provins stated that this project would follow the Shadow Creek Ranch PUD they would have to adhere to the lighting standards that are in the planned development. He also said that if you include staff's recommendations for the enhanced landscaping buffering, that any lighting on site should not be an issue. He informed the P&Z Commission that they can add a fourth condition on this CUP to ensure that it is carried forward. Commissioner Dansby did confirm that this site is right next to an apartment complex. Chairperson Cade asked Mr. Maragani if he owned a business already that is like the one, they are speaking of. Mr. Maragani replied that he did have a development like this, but without the parking on the south side. Mr. Maragani said there is a Quick Car about 3 miles away across the street from Shadow Creek High School. He did state that he was not sure about lighting requirements, but he would have to get permitted by the City of Pearland and follow the city's guidelines. Mr. Maragani did mention that owner's requirements would be more than the minimum requirements from the city. He said if the P&Z Commission does require a condition that they can comply. Commissioner Dansby asked if there is a funeral home next to this site as well and where the gas station CUP they reviewed recently was in relation to this site. Planning Manager Griggs replied that the funeral home will be on the right of the screen. Senior Planner Bireima informed Commissioner Dansby that the gas station CUP the P&Z Commission reviewed recently was for this site. Mr. Managani stated that the owner originally intended to have a gas station here, but the CUP was not approved by City Council. Commissioner Dansby stated that a landscape buffer on both sides of the property would be beneficial as well. Mr. Managani replied that on the funeral home's side that there is an access drive that comes from Shadow Creek Parkway that joins Kinsley Drive, which is their main access to the site, and it loops around the main property to the southern side parking spaces to the car wash. Senior Planner Bireima added that access drive serves the storage building and the funeral home. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Auto Wash and Auto Repair (Minor) in the Shadow Creek PD: CUP 21-00016. Vice Chairperson Fuertes made a motion to recommend approval to City Council, Commissioner Dansby seconded the motion. Vice Chairperson Fuertes made an amendment to the motion to recommend approval to City Council with the three conditions suggested by staff that: (1)A minimum of 25 to 30-foot landscape screening shall be provided along Shadow Creek Parkway to meet Corridor Overlay District front landscaping buffer requirements. (2) The proposed use should be developed to be in substantial conformance with materials depicted on façade renderings submitted with this CUP application. (3)A minimum 15-foot landscape strip containing large shade trees with a minimum two-inch (2") caliper measured at twelve inches (12") above the root ball shall be provided, with the total caliper inches equal to at least one inch (1") for each ten feet (10') of lot depth, shall be provided along the southern property boundary to provide additional sound buffering from noise that will be generated from vacuuming and detailing activities and a fourth condition added by the P&Z Commission for the lighting standards in the UDC be applied to this CUP, Commissioner Dansby seconded the amended motion. Motion passed 6-0. Chairperson Cade read into the record the items on Consideration and Possible Action—Approval of a Variance from the Required Minimum Lot Size and Depth to Width Ratio to Allow Platting of a Property. VARP 21-00003. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF A VARIANCE FROM THE REQUIRED MINIMUM LOT SIZE AND DEPTH TO WIDTH RATIO TO ALLOW PLATTING OF A PROPERTY VARP 21-00003 A request of Swapna Patel, the applicant; on behalf of Plate Properties, owner; for approval of Variances Permitted in Section 2.6.1.1 (b) (1) of the Unified Development Code, Ordinance No. 2000-T, from the required minimum lot size required in Section 2.4.4.6 (c) (1) a and c, to allow the platting of a lot that is less than the minimum lot area of 22,500 square feet and less than the minimum lot depth of 125 feet required in the GC -General Commercial zoning district, described to wit: Legal Description: A tract of land containing 0.4008 acres (17,463 square feet) situated in the Section No. 1, A.C.H.&B. Survey, Abstract 147, Brazoria County, Texas, being out of Lot 111 of said A.C.H.&B. Survey. General Location: Southeast corner of Walnut Street and Old Alvin Road. Planner Hustead presented the staff report with exhibits. Planner Hustead informed the commission that this plat variance conforms to the requirements of the UDC. Staff recommends approval. Applicant Swapna Patel was in attendance in City Council Chambers to present to the P&Z Commission. Swapna Patel, resident at 2002 Wineberry, Katy, Texas, is the applicant. Ms. Patel stated that with her partners are wanting to build commercial condos that look like houses but are offices. She stated that these offices would mostly be for medical uses and businesses, but also for other office uses like a real estate office. Ms. Patel informed the P&Z Commission that they are members of the Chamber of Commerce and would like to bring these businesses to Pearland. Ms. Patel stated that this property is a land-locked piece, so there would be no ability for growth, and she shared the neighboring multi-family complexes and business and that they hope to bring value to those businesses with their commercial condos. She did state that they would be dedicating 10' of Right of Way along E. Walnut to the City for future road improvements and they will also have a 6' wide landscape strip along E. Walnut and Old Alvin to beautify the area. Ms. Patel said this is a reason their space does not conform to the UDC, but all other code conformance will be met. She did inform the P&Z Commission that their plans meet the City's Comprehensive Plan and share both variances that they have applied for. Ms. Patel shared that this is a family-owned business, and they would like to make this piece of land a pretty property. There were no persons wishing to speak for or against the proposed request. Commissioner Dansby asked Ms. Patel if these spaces are for lease or sale or both. Ms. Patel answered both, but the construction will be though them and the complex would have deed restrictions to only allow certain businesses. Commission Dansby stated that he thinks this location would be difficult for anyone to develop due to the location and he appreciates this creative plan but would also like to see more renderings of the site. He also said that he apricates that they apart of the Chamber of Commerce and a family-owned business. Vice Chairperson Fuertes replied to Commissioner Dansby that this a variance and not a zone change. Planning Manager Griggs stated that this a variance for the lot size and depth as compared to the standards in the zoning district, so the variance is enabling the furtherance of this project. Vice Chairperson asked when that apartment complex was built because they left out that corner as a commercial corner and he encourages this type of use and development. Vice Chairperson Fuertes also mentioned that he thinks there are a lot of parcels in Pearland that suffer from depth requirements and make them harder to develop. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action—Approval of a Variance from the Required Minimum Lot Size and Depth to Width Ratio to Allow Platting of a Property. VARP 21-00003. Commissioner Henrichs made a motion to approve, Commissioner Earles seconded the motion. Motion passed 6-0. Chairperson Cade read into the record the items on Consideration and Possible Action — Final Plat of Riverstone Ranch at Clear Creek Section 14. PLAT 21-00033. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF RIVERSTONE RANCH AT CLEAR CREEK SECTION 14 PLAT 21-00033 A request of Zach Zarse of LJA Engineering, Inc., on behalf of Meritage Homes of Texas, LLC, owner: to approve the Final Plat of Riverstone Ranch at Clear Creek Section 14 creating 54 single family lots and 4 reserves on 20.027 acres, described to wit: Legal Description: A subdivision of 20.027 acres of land located in the T.J. Green Survey, Abstract 290, City of Pearland, Harris County, Texas General Location: North of Clear Creek east of Hughes Road Planner Hustead presented the staff report with exhibits. Planner Hustead informed the commission that this final plat conforms to the requirements of the UDC. Staff recommends approval with the condition that street Indigo Harris Trail be changed to Indigo Harvest Trail. Commissioner Dansby asked staff about the street name change. Planner Hustead answered that there were some permits that went through with a name that was different than the name that was on the plat and there have also been street signs posted. Planning Manager Griggs added that reason it had to be a condition for approval is that the final plat was submitted with the incorrect name and the applicants realized a few days prior to this meeting, so staff decided to fix it with a conditional approval. Deputy City Attorney Provins stated that this conditional approval is easy to verify withing a certain period, though typically there is not a conditional approval of a plat, for this situation staff can process the condition and it would not have to come back to the P&Z Commission. Chairperson Cade asked if it suppose to be Indigo Harris. Planning Manager Griggs replied that it supposed to be Indigo Harvest. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Final Plat of Riverstone Ranch at Clear Creek Section 14. PLAT 21-00033. Commissioner Dansby made a motion to approve, Commissioner Earles seconded the motion. Commissioner Dansby made an amendment to the motion to approve with the condition suggested by staff that street Indigo Harris Trail be changed to Indigo Harvest Trail, Commissioner Earles seconded the amended motion. Motion passed 6-0. Chairperson Cade read into the record the items on Consideration and Possible Action — Plat Vacation of Riverstone Ranch at Clear Creek Section 11 Portion of Reserves B and C. PLAT 21- 00031 CONSIDERATION AND POSSIBLE ACTION — PLAT VACATION OF RIVERSTONE RANCH AT CLEAR CREEK SECTION 11 PORTION OF RESERVES B AND C PLAT 21-00031 A request of Zach Zarse, of LJA Engineering, on behalf of Meritage Homes of Texas, LLC, owner: to approve the Plat Vacation of Riverstone Ranch at Clear Creek Section 11 Portion of Reserves B and C on 0.806 acres, described to wit: Legal Description: A subdivision of 0.806 acres of land situated in the T.J. Green Survey, Abstract 290, City of Pearland, Harris County, Texas, being a portion of Reserves "B" and "C" of Riverstone Ranch at Clear Creek Section 11, a subdivision recorded in film code No. 691417, Map records of Harris County, Texas. General Location: North of Clear Creek East of Hughes Road. Planner Hustead presented the staff report with exhibits. Planner Hustead informed the commission that this plat vacation conforms to the requirements of the UDC. Staff recommends approval. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Plat Vacation of Riverstone Ranch at Clear Creek Section 11 Portion of Reserves B and C. PLAT 21- 00031. Commissioner Henrichs made a motion to approve, Vice Chairperson Fuertes seconded the motion. Motion passed 6-0. DISCUSSION ITEMS 1. Commissioners Activity Report— None. 2. Next P&Z Regular Meeting — June 21, 2021. ADJOURNMENT Chairperson Cade adjourned the P&Z Regular meeting at 8:23 P.M. These minutes were respectfully submitted by: -/C01A) Shel Lowe, Office Assistant Minutes approved as submitted and/or corrected on this 21st day of June 2021, A.D. Layni ade, Planning & Zoning Chairperson