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2022-02-21 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING VIA IN -PERSON OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, FEBRUARY 21, 2022 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 6:31 P.M. In attendance were: P&Z Chairperson Henry Fuertes P&Z Commissioner Ashlee Boswell P&Z Commissioner Jennifer Henrichs P &Z Commissioner Derrell Isenberg Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz P ourazizian, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner I S amin Bazargan and Administrative 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 Approve the P&Z Regular Meeting minutes from February 7, 2022. Chairperson Fuertes read into the record the items on the Consent Agenda. Commissioner Boswell made the motion to approve, Commissioner Henrichs seconded the motion. Motion passed 4-0. N EW BUSINESS Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 21-00022. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION: ZONE 21- 00022 Public Hearing: A request by Navam R. Sivaruban The One P.E. Group LLC, applicant, on behalf of Mamun Hussein, Amana Group, owner for approval of a zone change from the S uburban Residential-15 (SR-15) District to the Light Industrial (M-1) District, on approximately 2.00 acres of land; to wit: Legal Description: 2.00 acres of land being that certain parcel of land out of Tract 51-A of a subdivision of the H.T. & B.R.R. Company Survey, Section 25, Abstract No. 245, Brazoria County, Texas. General Location: Southwest Quadrant of McLean Road and Bailey Road. Planner I Bazargan presented the staff report with exhibits and reminded the P&Z Commission that this item was presented at the previous meeting and was postponed to this meeting due to the UDC Amendments approved by City Council on February 14, 2022. Planner I Bazargan informed the P&Z Commission that there was a total of 16 public comments submitted in opposition of the zone change, and a total of 2 phone calls received in opposition of this zone change. Planner I Bazargan stated that the zone change does not conform to the criteria of the UDC, and that Staff does not recommend approval. Owner, Mamun Hussein with Rough Neck Mini -Storages at 3617 Fir Hollow Way, Pearland, Texas 77581, was in attendance in -person in Council Chambers to present to the P&Z Commission. Mr. Hussein stated that he would be ok with GC or M-1 zoning so that he can develop a mini -storage on this property. He stated that the City of Pearland invested money into Bailey Road, and he reiterated that this property cannot be developed as a residential property Mr. Hussein stated that this property does not have access to utilities and that they did contact the surrounding residential neighbors since the previous meeting He stated that they can place a masonry wall between their business and the residential neighbors, or they could build the storage units on stilts to help with flooding. Mr. Hussein described further reasons why he believes that this development should go on this tract of land. Chairperson Fuertes called for public input. Resident, Leticia Cantu at 1115 Chelsea Lane, Pearland, Texas 77581, stated that she is opposed to this proposed zone change Ms. Cantu stated that the owner should have not bought this property since it is zoned residential and located in the floodway. She stated that the min - storage plans on operating 24 hours a day, 7 days a week. Ms. Cantu stated that building a masonry wall will do nothing and that the residents should be allowed to enjoy their property. Resident, Billy Griffin at 16619 McLean Road, Pearland, Texas 77584, stated that he is opposed to this proposed zone change. Mr. Griffin asked questions about how the applicant would be able to develop on this piece of property. Chairperson Fuertes asked Engineering Staff if this property is in the floodway. Assistant City Engineer Pourazizian stated yes, and that the applicant could complete a LOMR. Commissioner Boswell asked what can be developed on this property. Deputy City Attorney Provins informed the P&Z Commission that this property does have access to utilities just not through the city. Assistant City Engineer Pourazizian answered that one or two residential houses would be possible. Commissioner Henrichs stated that she would not be in favor of this zone change with the way the property is now. Chairperson Fuertes would consider this zone change spot zoning and if the corner next to this property was GC or GB he would reconsider, but it is not so he is not in favor. Commissioner Isenberg stated that he has no 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 — Zone Change Application: ZONE 21-00022. Commissioner Boswell made the motion to approve, Commissioner Isenberg seconded the motion. Motion failed 0-4. Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 22-00002. COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP 22-00002 Public Hearing: A request by Carolyn O'Brien, Pacheco Koch applicant, on behalf of Kwak Jung Hwan, owner, for approval of a Conditional Use Permit (CUP) for Mini-Warehouse/Self-Storage use within the General Commercial (GC) District, to accommodate a proposed self -storage facility consisting of unconditioned and conditioned self -storage units, and office/business incubator spaces on a 10.61-acre tract of land, to wit: Legal Description: A 10.61-acre tract of land situated in the R. B. Lyle Survey, Abstract No. 542, City of Pearland, Brazona County Texas; said tract being a part of a Tract A of Ray Bellew and Sons Subdivision a subdivision according to the Plat recorded in Volume 17, Page 21 of the Plat Records of Brazoria County, Texas. General Location: North of N. 1323 Main Street, Pearland, Texas. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed the P&Z Commission that this CUP does conform to the UDC. Staff recommends approval of the request with the following conditions: 1. The office/business incubator spaces shall be placed within the front of the property facing Main Street and all the storage units shall be generally located behind (east side of) the office/business incubator spaces. 2. Additional landscaping shall be provided to screen view along the north and south property lines consisting of shade trees with a minimum two-inch (2") caliper with the total caliper inches equal to at least one inch (1") for each ten feet (10') of lot depth and ornamental trees with a minimum two-inch (2 ) caliper with the total caliper inches equal to one inch (1") for each fifteen feet (15') of lot depth. Applicant, Carolyn 0' Brien at 20329 State Highway 249, Houston, TX 77070 was in attendance in -person in Council Chambers to answer any questions for the P&Z Commission. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Henrichs asked about the front facade. She stated that this is a great location for this type of development, but she would like for this development to have a nice facade. Commissioner Henrichs suggested less metal, could use stone to make it look nicer. Commissioner Boswell asked about climate -controlled storage units. Deputy City Attorney Provins stated that that all the storage units should be climate controlled due to the most recent UDC Amendments. Commissioner Boswell asked Ms. 0' Brien if all of the units will indeed be climate controlled. Ms. 0' Brien answered yes the site plans my need to be updated to reflect that and ensure they meet the energy code. Chairperson Fuertes stated that he does not have anything against the use in that location. He did recommend that the applicant comes back with a rendering of the front that looks good. Chairperson Fuertes stated that he would recommend approval of this CUP. N o further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Thoroughfare Plan Amendment — Alexander & Burns Tract. CONSIDERATION AND POSSIBLE ACTION — THOROUGHFARE PLAN AMENDMENT - ALEXANDER & BURNS TRACT Public Heating: A request by Katy Harris, LJA Engineering, Inc, applicant, on behalf of Melissa Burns & Jud's Food Stores, Inc., owners, for approval of amendment to the City's Thoroughfare P lan in order to accommodate a proposed Planned Development (PD) District for residential development on several tracts of land totaling approximately 110.127 acres, to wit: Legal Description "39.578-Acres Tract": Being 39.578 acres of land located in the F.B. Drake S urvey, Abstract 507, Brazoria County, Texas, being all of Lots 21 B, 22B, 23 and a portion of Lot 24 of the L. W. Murdock Subdivision as shown in Volume 29 Page 174 of the Deed Records of Brazoria County, Texas. "70.549-Acres Tract": Being 70.549 acres of land located in the H Stevens Survey, Abstract No. 594, Brazoria County, Texas, more particularly being the residue of that called 74.712 acres of land conveyed to Jud's Food Stores by an instrument of record in Document No. 94-004500 of the Official Records of Brazoria County, Texas, said residue described as 70.5489 acres in the Deed of Trust recorded in Document No 2011043841 of the Official Public Records of Brazoria County, Texas. General Location The subject property is bounded by the railroad tracks on the west and by Main Street (State Highway 35) on the east and divided by Bailey Road. Chairperson Fuertes read into the record the items on Consideration and Possible Action Thoroughfare Plan Amendment — Alexander & Burns Tract. Chairperson Fuertes would have to recuse himself from voting on this item and subsequently there would be a lack of quorum. Therefore, the item will not be put forward for consideration by the P&Z Commission for this meeting. This item will have to come back for consideration in a future regular meeting. N o further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Land U se Plan Amendment — Alexander & Burns Tract. CONSIDERATION AND POSSIBLE ACTION — LAND USE PLAN AMENDMENT - ALEXANDER & BURNS TRACT Public Hearing: A request by Katy Harris, LJA Engineering, Inc, applicant, on behalf of Melissa Burns & Jud's Food Stores, Inc., owners, for approval of amendment to the Land Use Plan (LUP) in order to accommodate a proposed Planned Development (PD) District for residential development on several tracts of land totaling approximately 110.127 acres, to wit Legal Description "39.578-Acres Tract": Being 39.578 acres of land located in the F.B. Drake S urvey, Abstract 507, Brazoria County, Texas, being all of Lots 21 B, 22B, 23 and a portion of Lot 24 of the L. W. Murdock Subdivision as shown in Volume 29 Page 174 of the Deed Records of Brazoria County, Texas. ' 70.549-Acres Tract": Being 70.549 acres of land located in the H Stevens Survey, Abstract No. 594, Brazoria County, Texas, more particularly being the residue of that called 74.712 acres of land conveyed to Jud's Food Stores by an instrument of record in Document No. 94 004500 of the Official Records of Brazoria County, Texas, said residue described as 70.5489 acres in the Deed of Trust recorded in Document No 2011043841 of the Official Public Records of Brazoria County, Texas. General Location: The subject property is bounded by the railroad tracks on the west and by Main Street (State Highway 35) on the east and divided by Bailey Road. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Land U se Plan Amendment — Alexander & Burns Tract. Chairperson Fuertes would have to recuse himself from voting on this item and subsequently there would be a lack of quorum. Therefore, the item will not be put forward for consideration by the P&Z Commission for this meeting. This item will have to come back for consideration in a future regular meeting. N o further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Select P &Z Commissioner to Serve on Drainage Bond Program Committee. CONSIDERATION AND POSSIBLE ACTION — SELECT P&Z COMMISSIONER TO SERVE ON DRAINAGE BOND PROGRAM COMMITTEE S elect a P&Z Commissioner to serve on the Drainage Bond Program Committee. The P&Z Commissioners discussed possible prospects. N o further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Select P&Z Commissioner to Serve on Drainage Bond Program Committee. Chairperson Fuertes recommended Commissioner Henrichs with Chairperson Fuertes as a back-up. Motion passed 4-0. DISCUSSION ITEMS 1. Commissioners Activity Report — None. 2. Next P&Z Regular Meeting: March 7, 2022 ADJOURNMENT Chairperson Fuertes adjourned the P&Z Regular meeting at 7:43 P.M. These minutes were respectfully submitted by: Shelby Lowe, Ainistrative Assistant Minutes approved as submitted and/or corrected on this 7th day of March 2022, A.D. Hen r uertes, Planning & Zoning Chairperson