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2023-02-06 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, FEBRUARY 6,2023,AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER Chairperson Dansby opened the meeting for the P&Z Regular Meeting at 6:30 P.M. In attendance were: P&Z Chairperson Brandon Dansby P&Z Vice 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 Pourazizian, Associate Engineer John De La Rosa, Community Development Assistant Director Martin Griggs, Senior Planner Mohamed Bireima, 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 AND POSSIBLE ACTION — EXCUSED ABSENCE Excuse the absence of Commissioner Andrew Earles from the January 17, 2023 Meeting. CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from January 17, 2023. Chairperson Dansby read into the record the items on the Consent Agenda. Vice Chairperson Fuertes made the motion to approve, Commissioner Isenberg seconded the motion. Motion passed 5-0. NEW BUSINESS Commissioner Henrichs recused herself from the meeting. Chairperson Dansby read into the record the items on Consideration and Possible Action —VARP 23-01: Variance from Minimum Lot Width, Minimum Lot Area, and Maximum 3:1 Lot Depth to Lot Width Ratio in the OT-R District. CONSIDERATION AND POSSIBLE ACTION -VARP 23-01: VARIANCE FROM MINIMUM LOT WIDTH, MINIMUM LOT AREA, AND MAXIMUM 3:1 LOT DEPTH TO LOT WIDTH RATIO IN THE OT-R DISTRICT A request by Cathy Fontenot, Survey 1 Inc, applicant on behalf of Honore Family Ltd, owner; for approval of a Variance Permitted in Section 2.6.1.1 (b)(1) of the Unified Development Code, Ordinance No. 2000-T, from Section 2.4.3.4 (b)(2)(a)to allow the creation of 4 lots, 3 of which are less than the minimum Lot Width and Minimum Lot Area in the OT-R District, and from Section 3.2.14.2 (c) to allow the 3 lots that exceed the maximum 3 to 1 Lot Depth to Lot Width Ratio described to wit: Legal Description: A Subdivision of 0.502 Acres being all of Lots 13-19, Block 38 in the Pearland Townsite, Located in the H.T. & B.R.R CO. Survey, Abstract No. 232, in the City of Pearland, Brazoria County, Texas. General Location: 2102 N. Austin Avenue, Pearland. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that this request is for 3 separate variances. Senior Planner Buaku stated that this plat variance meets 4 of the 8 approval criterions of the UDC. Staff does recommend approval of the requested variance for the following reasons: 1. Granting the variance will allow the property to be developed consistent with the intended character of the Old Townsite Zoning Districts, and the designated future land use of Village District. 2. The proposed reduced lot width will allow the property to be developed more efficiently and will not negatively impact any adjacent current or future development. Applicant, Cathy Fontenot with Survey 1 Inc. at P.O. Box 2543, Alvin, Texas 77512, 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 stated that this variance is like other lots in the area and would be in favor of the variance. Vice Chairperson Fuertes and Assistant Director Griggs discussed the Old Town Site lot sizes, the plat and Old Town Site regulations within the comprehensive plan. No further discussion from Staff, P&Z Commission or Public input. Chairperson Dansby read into the record the items on Consideration and Possible Action —VARP 23-01: Variance from Minimum Lot Width, Minimum Lot Area, and Maximum 3:1 Lot Depth to Lot Width Ratio in the OT-R District. Commissioner Isenberg made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 4-0. Commissioner Henrichs rejoined the meeting. Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT 22-122: Final Plat of Charleston Heights Detention Reserve. CONSIDERATION AND POSSIBLE ACTION - PLAT 22-122: FINAL PLAT OF CHARLESTON HEIGHTS DETENTION RESERVE A request by John Camarillo, the applicant; on behalf of Charleston CMI Ltd., owner; for approval of the Final Plat of Charleston Heights Detention Reserve on 25.38 acres of land located on the north side of State Highway 6 on the east side of the Brazoria / Fort Bend County Line. Legal Description: A Subdivision of 25.38 acres of land located in the A.B. Langerman Survey, Abstract 625 Brazoria County, Texas. General Location: North of State Highway 6 on the east side of the Brazoria / Ft. Bend County Line. The plat was with withdrawn pending BDD4 approval. No action was taken. Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 22-32. CONSIDERATION AND POSSIBLE ACTION -ZONE CHANGE APPLICATION: ZONE 22-32 Public Hearing: A request by Katherine Beckett, HDR Inc, applicant, on behalf of Healgen Scientific LLC., owner,for approval of a zone change from Light Industrial(M-1)District to Planned Development (PD) District, incorporating approximately 6.4566 acres of land into the LNR Clear Creek Planned Development, to wit: Legal Description: 6.4566 acres of land out of the James Hamilton Survey, Abstract No. 876 in Harris County, Texas,same being part of Lots 13'/z and 20 of Block F of Allison-Richey Gulf Coast Home Company Suburban Gardens Subdivision, the plat of which is recorded in Volume 3, Page 40 of the Harris County Map Records. General Location: Southwest Corner of Sam Houston Parkway West and Hooper Road. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated that this zone change is for property located in the Lower Kirby District from M-1 to a LNR PD. He stated that this request is for a zone change with the proposed deviations for the LNR PD. Senior Planner Bireima shared the rendering of the proposed development due to the proposed deviations from the PD. Senior Planner Bireima stated that the proposed zone change conforms to all or most of the criteria for approval according to the UDC. Staff recommends approval. Applicant Representative, David Day with HDR Inc., at 8750 North Central Expressway, Suite 100, Dallas, Texas 75231, was in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Day described the zone change and project with renderings. He stated that this project will have a distinct character that will fit into the LNR PD. Mr. Day stated that Healgen is in the high-tech/bio-tech industry. He stated that the building will have a high-tech look and feel and will be a unique addition to the City of Pearland. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Fuertes stated that the P&Z Commission is not normally encouraged to consider a zone change due to the renderings of the building. Deputy City Attorney Provins stated that P&Z Commission is being asked to consider the renderings with this zone change due to the proposed deviations because this would not be allowed in the PD without the deviations. Assistant Director Griggs stated that applicant wanted to do something more interesting in subdistrict B of the LNR PD. Vice Chairperson Fuertes stated that Endress Hauser is a good-looking building and fits the area and this seems similar. Chairperson Dansby asked staff if the LNR PD should be reviewed or updated to allow for this type of use. Assistant Director Griggs stated yes that this is the type of development staff is looking to have in the Lower Kirby District. 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 22-32. Vice Chairperson Fuertes made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 5-0. Chairperson Dansby read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 23-02. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 23-02 Public Hearing: A request by Richard Markus, applicant, on behalf of Columns, Inc., owner, for approval of a Conditional Use Permit (CUP) to allow the installation of a one hundred and four- foot (104') tall wireless communications tower on approximately 9.0476 acres of land within the General Commercial (GC) District; to wit: Legal Description: Lot 1, in Block 1, Minor Plat of 1011 Main Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Clerk's File No. 2012009314 of the Official Records of Brazoria County, Texas. General Location: 1013 Main Street, Pearland, TX. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated that this CUP application is for a wireless communications tower and that the CUP does conform to the criteria of the UDC. Staff recommends approval of the requested CUP with the following condition: 1. Any ground equipment compound associated with the proposed tower shall be screened by a masonry screen up the highest element within the compound. Applicant, Richard Markus with Advantage Engineers at 800 Mariners Drive, 9-13 Kemah, TX 77565, was in attendance in-person in Council Chambers to present to the P&Z Commission. He stated that the reason this location was chosen is because there are two towers to the north of the city and then the other two towers mentioned in the staff report, there is a coverage gap. Mr. Markus stated that the cellular tower with be 1.7 miles from the nearest residence and there will be natural buffering. He stated that the bottom of the tower will be screened with a chain-linked fence due to the tower being located behind warehouse buildings. Chairperson Dansby called for public input. Resident, Harry St. Clair at 1009 North Main Street, Pearland, Texas 77581, stated that he is in favor of the proposed CUP. He stated the south and east property line are going to be screened, but not the north property line. Mr. St. Clair stated that he owns the property to the north and would like to develop his property as commercial in the future. He asked that the P&Z Commission recommends trees at every 100-feet for screening purposes. Mr. St. Clair stated that his main concern is multiple towers coming to that area, and that is fine with him, but he would just like for them to be screened. Commissioner Isenberg stated that he is favor the CUP and that this a good location for a cellular tower. He mentioned that it would be difficult to screen a 104-foot tower, but the chain-link fence with filler at the bottom would help. Commissioner Isenberg stated that if he was voting on the CUP, that he would vote in favor. Commissioner Boswell stated that she is also in favor of the CUP. She stated that she is more in favor of staff's recommendation of a masonry fence compared to a chain-link fence. Commissioner Boswell stated that she is in favor of Mr. St. Clair's recommendation of trees to be planted every 100-feet for screening purposes. Commissioner Henrichs stated that if she was voting on the CUP, that she would vote in favor of the CUP with staff's recommendation. Vice Chairperson Fuertes and Assistant Director Griggs discussed current screening rules and regulations according to the UDC. Vice Chairperson Fuertes discussed cell phone tower users sharing towers with each other, instead of having separate towers. Vice Chairperson Fuertes stated that he appreciates that this tower will be behind buildings and not directly located on the road. He stated that because of the location of the tower he is not concerned with the fencing material. Chairperson Fuertes stated he would be in favor of the CUP and is fine with the fence being chain-link, but does sympathize with Mr. St. Clair. Chairperson Dansby stated he would be in favor of the CUP. He discussed the tower behind Killen's Burgers on Highway 35 and that it has a wooden fence, so he would prefer additional screening for this cellular tower. Chairperson Dansby stated that he would be fine with a chain- link fence if it had additional filler. All 5 P&Z Commissioners stated that they are in favor of the CUP application. No further discussion from Staff, P&Z Commission or Public input. DISCUSSION ITEMS 1. Commissioners Activity Report: 2. Next P&Z Regular Meeting: February 20, 2023 ADJOURNMENT Chairperson Dansby adjourned the P&Z Regular meeting at 7:31 P.M. These minutes were respectfully submitted by: "�A-J�e- wv�k_ Shelby Lowe, Administrative Assistant Minutes approved as submitted and/or corrected on this h day of February 2023, A.D. Brandon Dansby, Planning &Zoning Chairperson