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2022-08-01 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA IN-PERSON OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, AUGUST 1, 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 Brandon Dansby P&Z Vice Chairperson Henry Fuertes P&Z Commissioner Ashlee Boswell P&Z Commissioner Andrew Earles P&Z Commissioner Jennifer Henrichs P&Z Commissioner Angela McCathran Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz Pourazizian, Assistant Director of Community Development Martin Griggs, Senior Planner Mohamed Bireima, Senior Planner Florence Buaku, Planner I Samin Bazargan and Administrative Assistant Shelby Lowe. ELECTIONS Election of Chairperson and Vice Chairperson to serve until the first regular meeting of the P&Z in July 2023. Chairperson Fuertes read into the record the item on Elections. Chairperson Fuertes made the motion to nominate Commissioner Brandon Dansby for Chairperson, Commissioner Henrichs seconded the motion. Commissioner Brandon Dansby was elected Chairperson with a vote of 6-0. Commissioner Henrichs made the motion to nominate Commissioner Henry Fuertes for Vice Chairperson. Commissioner Boswell made the motion to nominate herself for Vice Chairperson. Commissioner Henry Fuertes was elected Vice Chairperson with a vote of 4-2. 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 absence of Commissioner Andrew Earles, Commissioner Jennifer Henrichs and Commissioner Angela McCathran from the July 18, 2022 Meeting. CONSIDERATION & POSSIBLE ACTION —APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from July 18, 2022. CONSIDERATION AND POSSIBLE ACTION — PLAT 22-62: PRELIMINARY PLAT OF ALEXANDER SECTION 1 A request by Katy Harris, LJA Engineering, the applicant; on behalf of Danziger Investments Ltd, owner; for approval of the Preliminary Plat of Alexander Section 1, creating 42 lots and 11 reserves and 1 block on 23 acres located North of Bailey Road and West of Main Street described to wit: Legal Description: A subdivision of 23 acres of land out of the H. Stevens Survey, A-594 And F.B. Drake Survey, A-507 City of Pearland, Brazoria County, Texas. General Location: North of Bailey Road and West of Main Street. Chairperson Dansby read into the record the items on the Consent Agenda. Vice Chairperson Fuertes made the motion to approve item A and to remove items B and C from the Consent Agenda, Commissioner Earles seconded the motion. Motion passed 6-0. ITEMS REMOVED FROM THE CONSENT AGENDA Chairperson Dansby read into the record the items on Consideration & Possible Action—Approval of Minutes. CONSIDERATION & POSSIBLE ACTION —APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from July 18, 2022. Vice Chairperson Fuertes suggested adding to his comment regarding Cole's Flea Market stating, "that the Beltway 8 and Highway 35 intersection would have been considered a large retail node if that land would have been located within city limits and the parcel across the street from Cole's Flea Market is zoned General Commerical." Chairperson Dansby read into the record the items on Consideration &Possible Action—Approval of Minutes. Vice Chairperson Fuertes made the motion to approve minutes with the suggested changes, Commissioner Henrichs seconded the motion Motion passed 6-0. Vice Chairperson Fuertes recused himself from the meeting. Chairperson Dansby read into the record the items on Consideration & Possible Action — PLAT 22-62: Preliminary Plat of Alexander Section 1. CONSIDERATION AND POSSIBLE ACTION — PLAT 22-62: PRELIMINARY PLAT OF ALEXANDER SECTION 1 A request by Katy Harris, LJA Engineering, the applicant; on behalf of Danziger Investments Ltd, owner; for approval of the Preliminary Plat of Alexander Section 1, creating 42 lots and 11 reserves and 1 block on 23 acres located North of Bailey Road and West of Main Street described to wit: Legal Description: A subdivision of 23 acres of land out of the H. Stevens Survey, A-594 And F.B. Drake Survey, A-507 City of Pearland, Brazoria County, Texas. General Location: North of Bailey Road and West of Main Street. Assistant Director Griggs presented the staff report with exhibits. Staff recommends approval. Applicant, Katy Harris with LJA Engineering at 3600 West Sam Houston Parkway, Houston, Texas 77042, was in attendance in-person in Council Chambers to answer any questions for the P&Z Commission. No discussion from Staff, P&Z Commission or Public input. Chairperson Dansby read into the record the items on Consideration & Possible Action — PLAT 22-62: Preliminary Plat of Alexander Section 1. Commissioner Henrichs made the motion to approve, Commissioner McCathran seconded the motion Motion passed 5-0. Vice Chairperson Fuertes rejoined the meeting. NEW BUSINESS Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 22-17. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-17 Public Hearing: A request by Adkisson GC Partners, LLC, represented by Anthony Sarao, applicant, on behalf of Hooper Partner Investment, LP, owner, for approval of a zone change for approximately 8.834 acres of land from Spectrum (S-1) District to Planned Development (PD) District, to wit: Legal Description: A tract or parcel containing 8.834 acres or 384,808 square feet of land being out of and a part of the remainder of a called 36.166-acre tract described in a deed to SHT/Kirby, Ltd., as recorded under Harris County Clerk's File No. 20080049996 situated in the D. White Survey, Abstract No. 876, Harris County, Texas. General Location: Southwest Corner of Hooper Road and Sam Houston Tollway. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated that the zone change does mostly conform to the criteria of the UDC, and that the property will need to be platted. Staff does recommend approval of the Plan Development amendment. Applicant, Dani Olivera-Gomez with Powers Brown Architecture at 2100 Travis Street, Suite 501, Houston, Texas 77002, was in attendance in-person in Council Chambers to present to the P&Z Commission. Ms. Olivera-Gomez stated that the property will be used for an office/warehouse building and that she is available to answer any questions for the P&Z Commission. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Fuertes and Assistant Director Griggs discussed the history of the property and the existing PD. Vice Chairperson Fuertes stated that the use works with the existing PD uses and character. No further discussion from Staff, P&Z Commission or Public input. Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 22-17. Commissioner Earles made the motion to approve, Commissioner Henrichs seconded the motion. Motion passed 6-0. Chairperson Dansby read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 22-16. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 22-16 Public Hearing: A request by Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, for approval of a Conditional Use Permit (CUP) for Outside Storage use on approximately 9.8857 acres of land within the General Commercial (GC) District, to wit: Legal Description: A 9.8857-acre tract of land, also being the remainder of Reserve A, Block 1 of Final Plat Home Depot U.S.A., Inc. Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 21, Pages 77 & 78 of the Map Records of Brazoria County, Texas. General Location: 1514 Broadway Street, Pearland, Texas. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima explained the difference between a temporary outdoor display and permanent outdoor storage. Senior Planner Bireima stated that the CUP does conform or can conform with a condition, to the criteria of the UDC. Staff recommends approval with a condition: 1. Screening of the proposed storage areas along Dixie Farm Road shall be provided by the landscape screen consisting of 6' high evergreen shrubs at 36" apart within the existing landscape buffer. Applicant, Cassie Permenter at 28827 North 91st Avenue, Peoria, Arizona 85383, was in attendance in-person in Council Chambers to present to the P&Z Commission. Ms. Permenter stated that she read the staff report and agrees to follow the recommended condition. She stated that she is available to answer any questions for the P&Z Commission. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Fuertes spoke about the proposed site plan and stated that he would be for in favor of this CUP application. Chairperson Dansby, Assistant Director Griggs and Deputy City Attorney Provins discussed the reason for this CUP application. Commissioner Boswell, Commissioner McCathran, Commissioner Henrichs, Commissioner Earles, Chairperson Dansby and Vice Chairperson Fuertes stated that all would be in favor of the CUP application with the recommended condition. All five P&Z Commissioners would be in favor of this CUP application with staff's recommended condition if they were voting on the item. No further discussion from Staff, P&Z Commission or Public input. Chairperson Dansby read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 22-17. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 22-17 Public Hearing: A request by Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, for approval of a Conditional Use Permit (CUP)for Outside Storage use on approximately 12.917 acres of land within the General Commercial (GC) District, to wit: Legal Description: All that certain 16.67 acres of land, out of Lot 30, Allison Richey Gulf Coast Home Company of Suburban Gardens, Section 85, according to the Plat recorded under Volume 2, Page 107, in the Plat Records of Brazoria County, Texas, in the H.T. & B.R.R. Company Survey, Abstract No. 304, Brazoria County, Texas, less and except, Lot 1, Block 1 and Lots 1 & 2, Block 2 of Silverlake Center, being a subdivision of 3.753 acres of land according to the plat recorded in Volume 24, Page 22 of the Plat Records of Brazoria County, Texas. General Location: 10111 Broadway Street, Pearland, Texas. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated that this CUP application is like the previous CUP. Senior Planner Bireima stated that the CUP does conform or can conform with a condition, to the criteria of the UDC. Staff recommends approval with a condition: 1. Screening of the proposed shed and trailer display areas from view of Wooten Road shall be provided by the landscape screen consisting of 9' high evergreen shrubs at 36" apart within the existing landscape buffer. Applicant, Cassie Permenter at 28827 North 91st Avenue, Peoria, Arizona 85383, was in attendance in-person in Council Chambers to present to the P&Z Commission. Ms. Permenter stated that she read the staff report and agrees to follow the recommended condition of 6-feet or 9-feet. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Fuertes stated that he would be in favor of the 6-foot recommendation for screening that staff suggested. Deputy City Attorney Provins and Vice Chairperson Fuertes discussed Wooten Road and the surrounding area. Commissioner Boswell, Commissioner McCathran, Commissioner Henrichs, Commissioner Earles, Chairperson Dansby and Vice Chairperson Fuertes stated that all would be in favor of the CUP application with the recommended condition. All five P&Z Commissioners would be in favor of this CUP application with staff's recommended condition if they were voting on the item. No further discussion from Staff, P&Z Commission or Public input. Chairperson Dansby read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 22-19. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 22-19 Public Hearing: A request by Auri Jalili, Top Soap Express Carwash, applicant, on behalf of Dean A. Hrbacek, owner, for approval of a Conditional Use Permit (CUP) for Auto Wash use on approximately 2.00 acres of land within the General Business (GB) District, to wit: Legal Description: A 2.261 acres (98,491 square feet) tract of land, being all of a called 2.00 acres tract, as described in Brazoria County Clerk File NO. 1974014750, the West'/2 of Lot 48 of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas. General Location: 8013 Broadway Street, Pearland, TX. Planner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that the CUP mostly conforms to the criteria of the UDC, and that the property is not platted. Staff recommends approval with 2 of the following conditions: 1. The proposed carwash shall be developed in substantial conformance to the building materials shown on the Applicant's Building Elevations Exhibits. 2. The east and west property lines shall be screened with a minimum 36" continuous hedgerow of evergreen shrubs to screen the view of the carwash operations from adjacent properties. Applicant,Auri Jalili at 1107 East 23rd Street, Houston,Texas 77009,was in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Jalili stated that him and his brother started Top Soap Express Carwash in Conroe, Texas in 2020. He provided details of their carwashes business model and included that their vacuums would be no cost to anyone in the community. Mr. Jalili stated that they have a"green" business model with collecting and recycling the used water and that their equipment will not harm or damage cars. He stated that they want their business to have curb appeal with a modern design. Applicant, Tamoor Jalili at 1107 East 23rd Street, Houston, Texas 77009, was in attendance in- person in Council Chambers to present to the P&Z Commission. Mr. Jalili explained Top Soap Express Carwash and their core values. He stated that they welcome and enjoy working with local non-profits, charities and giving back to the community. Mr. Jalili presented a video of the customer experience at their carwash. He explained the 4 types of carwashes, what type they are, and what type of carwash the surrounding carwashes in the area are. Lead of Equipment, Scott Avant at 1107 East 23rd Street, Houston, Texas 77009, was in attendance in-person in Council Chambers to answer any questions for the P&Z Commission. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Fuertes discussed the differences in the types of carwashes and stated that the character of the area would be great for a carwash. He stated that he is in favor of this CUP. Commissioner McCathran stated that she agrees with Vice Chairperson Fuertes. Commissioner McCathran and Mr. T. Jalili discussed how the carwash would work with local charities and non- profits and how they focus on the needs of the community. Commissioner McCathran stated that if the carwash will have similar rendering as shown, that she is in favor of this CUP. Mr. Avant, Chairperson Dansby, and staff discussed the level of noise that the carwash will create and the required buffer to reduce the noise that may affect surrounding businesses. Chairperson Dansby stated that he would be in favor of this CUP due to the use fitting in with the area. Commissioner Earles stated that the applicants presented an informative presentation and would be in favor of this CUP. Commissioner Henrichs stated that she would be in favor of the CUP. Commissioner Boswell stated that she is not a fan of carwashes but would be in favor of this CUP. Commissioner McCathran stated that she would be in favor of this CUP. Chairperson Dansby stated that he would be in favor of this CUP. Vice Chairperson Fuertes stated that he would be in favor of this CUP with staff's recommended conditions. Commissioner Henrichs stated that she would be in favor of this CUP. Commissioner Earles stated that he would be in favor of this CUP. All five P&Z Commissioners would be in favor of this CUP application with staff's recommended conditions if they were voting on the item. No further discussion from Staff, P&Z Commission or Public input. DISCUSSION ITEMS 1. Discussion on upcoming Unified Development Code Amendments regarding outdoor uses and activities, residential subdivision screening, and furniture store use. Senior Planner Buaku and Senior Planner Bireima presented. Staff and P&Z Commissioners held a discussion regarding the item 2. Community Development FY 2022 - 3rd Quarter Report Assistant Director Griggs presented the report. 3. Commissioners Activity Report: None. 4. Next P&Z Regular Meeting: August 15, 2022 ADJOURNMENT Chairperson Danabv adjourned the PQZ Regular meeting et8:47P.[N. These minutes were respectfully submitted by: Shelby Low Administrative Assistant Minutes approved as submitted and/or corrected on this 19th day of September 2022, A.D. Brandon D8DSby. Planning & Zoning Chairperson