Loading...
2022-03-07 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, MARCH 7, 2022, AT 6:30 P .M., HELD IN THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD ROOM, 3519 LIBERTY DR. CALL TO ORDER Chairperson Henry Fuertes opened the meeting for the P&Z Regular Meeting at 6:34 P.M. In attendance were: P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Brandon Dansby P&Z Commissioner Ashlee Boswell P&Z Commissioner Andrew Earles P&Z Commissioner Derrell Isenberg P&Z Commissioner Rishabh Jain Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz Pourazizian, City Traffic Engineer Yolci Ramirez, Planning Manager Martin Griggs, Senior Planner Florence Buaku, 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 — EXCUSED ABSENCES Excuse the absences of P&Z Commissioners Brandon Dansby, Andrew Earles and Rishabh Jain from the February 21, 2022 P&Z Regular Meeting. CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from February 21, 2022. Chairperson Fuertes read into the record the items on the Consent Agenda. Commissioner Boswell made the motion to approve Vice Chairperson Dansby seconded the motion. Motion passed 6-0. N EW BUSINESS Chairperson Fuertes read into the record the items on Consideration and Possible Action — PLAT 22-09: Replat of Airport Subdivision Section 4. CONSIDERATION AND POSSIBLE ACTION — PLAT 22-09: REPLAT OF AIRPORT S UBDIVISION SECTION 4 Public Hearing: A request by Boundary One LLC, the applicant; on behalf of Palan, LLC, owner; for approval of the Replat of Airport Subdivision Section 4, creating 1 non-residential lot on 1.08 acres of land located at the corner of E Walnut Street, S Galveston Street and Lockheed Street, described to wit: Legal Description: Being a Subdivision of 1.0804 Acres of Land, all of lots 7-10 and 17-20, Block 2, Airport Subdivision Section 4 as recorded in Volume 8, Page 17 B.C.P.R. A.C.H. & B.R.R CO. S urvey, Sec. 1, A-147, City of Pearland Brazoria County, Texas General Location: 3514 E Walnut Street. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the replat does conform to the criteria of the UDC and that Staff does recommend approval. Applicant, Christian Offenb' ,t,. with Boundary One, LLC at 150 West Shadowbend Avenue, S uite 303, Friendswood, Texas 77546 was in attendance in -person in the Pearland Economic Development Corporation Board Room 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. S o further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — PLAT 22-09: Replat of Airport Subdivision Section 4. Commissioner Boswell made the motion to approve, Commissioner Earles seconded the motion. Motion passed 6-0. Chairperson Fuertes read into the record the items on Consideration and Possible Action — PLAT 22-11: Replat of Riverwalk Section 1. CONSIDERATION AND POSSIBLE ACTION — PLAT 22-11: REPLAT OF RIVERWALK S ECTION 1 Public Hearing: A request of Boundary One LLC, the applicant; on behalf of Hausman Interests, LTD. owner; for approval of the Replat of River Walk Section 1, creating 1 Public Access Easement (PAE) and Water Sewer Easement (WSE), and 1 Lift Station Easement (LSE) located along Riverside Drive, described to wit: Legal Description: A replat of 0.697 Acres of Land being all of a called 0.697-acre Neighborhood S ervice District tract, corrected final plat of River Walk Section 1, as recorded in volume 17, page 63 B.C.P.R. James F. Perry & Emily M. Austin League, A-111, City of Pearland, Brazoria County, Texas. General Location: Riverside Drive, Pearland, TX. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the replat does conform to the criteria of the UDC and that Staff does recommend approval. Applicant, Christian Offenburger with Boundary One, LLC at 150 West Shadowbend Avenue, S uite 303, Friendswood, Texas 77546, was in attendance in -person in the Pearland Economic Development Corporation Board Room 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. 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 — PLAT 22-11: Replat of Riverwalk Section 1. Commissioner Isenberg made the motion to approve Vice Chairperson Dansby seconded the motion. Motion passed 6-0. Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP 22-03: Variance from Minimum Lot Width in the General Commercial District. CONSIDERATION AND POSSIBLE ACTION — VARP 22-03: VARIANCE FROM MINIMUM LOT WIDTH IN THE GENERAL COMMERCIAL DISTRICT P ublic Hearing: A request by Donna Eckels, PROSURV, applicant; on behalf of Floyds Pearland Development Inc, owner; for approval of a Variance Permitted in Section 2.6.1 1 (b)(1) of the U nified Development Code, Ordinance No. 2000-T, from Section 2.44.5 (c)(1) to allow the creation of 2 lots that are less than the minimum Lot Width in the GC District, described to wit Legal Description: A Subdivision Of 2.5127 Acre Tract Being Lot "A' , In Block One (1), Of Harper S ubdivision, A Subdivision in Brazoria County, Texas according to the Map or Plat Thereof, Recorded in Volume 17, Page 248 of the Map Records of Brazoria County, Texas. And 1.5127 Acres, Out of Tract 29 Of the George W. Jenkins Subdivision of The J.F Perry and E.M. Austin Survey, Abstract 111 Brazoria County, Texas, According to The Map or Plat Thereof, Recorded in Volume 2, Page 20, Of the Plat Records of Brazoria County, Texas. General Location: 1234, 1238 & 1300 Broadway St. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the plat variance does mostly conform to the criteria of the UDC, because it meets 6 out of the 8 criteria for approval and that Staff does recommend approval. Applicant, Donna Eckels at P.O. Box 1366, Friendswood, Texas 77549 was in in attendance in - person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Ms. Eckels stated that an H2O location would be going in next to Floyd's and that the property owner has been working with the city s engineering staff to develop these lots. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Chairperson Fuertes stated that he has no problem with this request and that it does meet the qualifications 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 — VARP 22-03: Variance from Minimum Lot Width in the General Commercial District. Commissioner Boswell made the motion to approve, Commissioner Isenberg seconded the motion. Motion passed 6-0. Chairperson Fuertes recused himself from the meeting. ✓ ice Chairperson Dansby 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 P ublic 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 City's Thoroughfare Plan 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 Survey, 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. Planning Manager Griggs presented the staff report with exhibits. Planning Manager Griggs stated that this Throughfare Plan Amendment is a part of the previous PD zone change for the Alexander & Burns Tract Planning Manager Griggs stated that the applicant has modified the PD Plan to comply with the Fire Departments regulations, by creating a larger detention and buffer from the railroad tracks. Planning Manager Griggs informed the P&Z Commission that the proposed Thoroughfare Plan Amendment will include the removal of the proposed lower connection to Industrial Drive and states who will maintain the streets. Engineering Staff does recommend approval. Applicant, Katy Harris with LJA Engineering at 3600 West Sam Houston Parkway South, Suite 600, Houston Texas 77042, was in attendance in -person in the Pearland Economic Development Corporation Board Room to answer any questions for the P&Z Commission. Applicant Representative, Paul Grohman with Gromax Development at 2116 Kildare Drive, Pearland, Texas 77581, was in attendance in -person in the Pearland Economic Development Corporation Board Room to answer any questions for the P&Z Commission. Applicant Representative, Ernest Loeb with D.R. Horton at 8634 Fulshear Run Trace, Fulshear, Texas 77406, was in attendance in -person in the Pearland Economic Development Corporation Board Room to answer any questions for the P&Z Commission. ✓ ice Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Jain asked the applicant what the prices of the houses will be. Ms. Harris stated that the houses will be priced in the 300 to 450 range. Assistant City Engineer Pourazizian stated that Bailey Road is a major throughfare and the city does have plan to widen the road. City Traffic Engineer shared details of the TIA for this proposed PD Mr. Grohman stated that an industrial development would generate more traffic than a residential development and shared more details of what has changed since the original proposed PD Commissioner Boswell asked the applicant if they are compliant with the Rail Road s guidelines. Mr. Loeb responded to Commissioner Boswell stating that there are no UDC requirements for developing near railroad tracks, but there are requirements from the Fire Department & Code. Commissioner Boswell stated that some members of the P&Z Commission were previously concerned with this development being near the railroad tracks. Mr. Loeb said they would be using the detention pond as a buffer between the homes and the railroad tracks. N o further discussion from Staff, P&Z Commission or Public input. ✓ ice Chairperson Dansby read into the record the items on Consideration and Possible Action Thoroughfare Plan Amendment — Alexander & Burns Tract. Commissioner Boswell made the motion to approve, Commissioner Jain seconded the motion Motion passed 5-0. ✓ ice Chairperson Dansby read into the record the items on Consideration and Possible Action Land Use Plan Amendment — Alexander & Burns Tract. CONSIDERATION AND POSSIBLE ACTION — LAND USE PLAN AMENDMENT - ALEXANDER & BURNS TRACT P ublic 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. Planning Manager Griggs presented the staff report with exhibits. Planning Manager Griggs stated that the Land Use Plan Amendment was for the proposed PD on the Alexander & Burns Tract. Planning Manager Griggs stated that this proposed Land Use Plan Amendment is inconsistent with current and former land use plans and policies Staff recommends denial. Applicant, Katy Harris with LJA Engineering at 3600 West Sam Houston Parkway South, Suite 600, Houston Texas 77042, was in attendance in person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Ms. Harris stated that the first time she heard about the recommendation of denial was two weeks ago. She stated that she has not seen a city amend a land use plan before and that she was unaware of this being brought forward Ms. Harris stated that the proposed PD will be going in front of City Council in April. Owner, J. Alexander at P.O. Box 459, Pearland, Texas 77588, was in attendance in -person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Mr. Alexander stated that his father inherited this land over 40 years ago and explained the history o f the property. He stated that he received no serious offers on the property until now. Mr. Alexander stated that D.R Horton is a Fortune 500 company. He stated that you can have a conversation with someone while the train passes by and that the concrete batch plant near the proposed PD is rarely used. He mentioned there would be an 8-foot buffer wall and around 403 n ew residential homes. Applicant Representative, Ernest Loeb with D.R. Horton at 8634 Fulshear Run Trace, Fulshear, Texas 77406, was in attendance in -person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Mr. Loeb said that the currently the tax base is low. Mr. Loeb mentioned how P&Z recommended approval in December. He stated that he was available for any questions the P&Z Commission might have. Applicant Representative, Paul Grohman with Gromax Development at 2116 Kildare Drive, Pearland, Texas 77581, was in attendance in person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Mr. Grohman spoke about the city's reputation with developers and stated that he agrees with Ms Harris about the Throughfare Plan and Land Use Development Plan. He stated that there has been no demand for an industrial development to be located here and that he was available for any questions the P&Z Commission might have. Vice Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Boswell stated that she does not want the applicant to feel like they are being discriminated against and that she was for this project until she did her own research and found o ut how little industrially zoned land was left in Pearland She also stated that she does not think that the location of the development next to the railroad tracks and the price point of the houses match. Commissioner Boswell stated that she does understand both sides, but she is not in favor o f this development. Commissioner Jain asked about drainage and utilities. Deputy City Attorney Provins reminded Commissioner Jain to ask questions related to the Land Use Plan Amendment. Mr. Grohman stated that drainage on this property will not be a problem. Commissioner Isenberg spoke about the history of the property and stated that he believed that no one had an opposing ✓ iew of this PD at the Joint Workshop. He stated that he agrees with Mr. Alexander and Ms. Harris. Commissioner Isenberg stated that he is more concerned with industrial being located n ear Pearland High School and that he thinks this makes sense. Commissioner Earles stated that rooftops are needed, and that Pearland could always use the tax revenue, but that he is torn on his decision. Ms. Harris stated that the PD has remained the same and nothing will change without an amendment from the P&Z Commission and City Council. Vice Chairperson Dansby stated that he has an issue with amending the Land Use Plan in the middle of this PD and asked staff if there is another process to accomplish this. He said that he would be sticking with his original vote against this PD. Mr. Grohman stated that he has never seen a Land Use Plan Amendment paired with a PD and that the P&Z Commission was split on their vote for this PD. Deputy City Attorney Provins stated that this how the current Director of Community Development John McDonald, has handled this issue previously, but is a new process to the City of Pearland. He stated that if the Future Land Use Plan was not amended that staff would be unable to recommend approval due to it being inconsistent. Deputy City Attorney Provins stated that this being on the agenda could be a benefit to the applicant and advised the P&Z Commission to keep their vote consistent. Commissioner Boswell noted that no one was here to oppose this amendment and asked if near- by landowner were sent notices. Planning Manager Griggs stated that there were no mailouts, o nly newspaper notices published. Commissioner Earles asked what would happen if this item was postponed. Planning Manager Griggs stated that the PD request can go forward without the Land Use Plan Amendment but that staff presented it like this so that it would be a nice package that could go to City Council all at the same time. N o further discussion from Staff, P&Z Commission or Public input. ✓ ice Chairperson Dansby read into the record the items on Consideration and Possible Action Thoroughfare Plan Amendment — Alexander & Burns Tract. Commissioner Boswell made the motion to approve, Commissioner Isenberg seconded the motion. Motion passed 3-2. ✓ ice Chairperson Dansby and Commissioner Boswell voted against this item. Chairperson Fuertes rejoined the meeting. DISCUSSION ITEMS 1. Commissioners Activity Report — None. 2. Next P&Z Regular Meeting: March 21, 2022 ADJOURNMENT Chairperson Fuertes adjourned the P&Z Regular meeting at 8:05 P.M. These minutes were respectfully submitted by: Shelby Low Administrative Assistant Minutes approved as submitted and/or corrected on this 21 st day of March 2022, A.D. Henry Fuertes, Planning & Zoning Chairperson