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2023-01-17 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, TUESDAY, JANUARY 17, 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 6:32 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 P&Z Commissioner Angela McCathran 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 Florence Buaku and Planner I Patrick Bauer. ITEMS REMOVED FROM THE AGENDA - NO ACTION REQUIRED ZONE CHANGE APPLICATION: ZONE 22-32 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 Lake Planned Development, to wit: General Location: Southwest corner of Sam Houston Parkway West and Hooper Road. 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 Brandon Dansby from the January 3, 2023 Meeting. CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from January 3, 2023 Chairperson Dansby read into the record the items on the Consent Agenda. Commissioner Isenberg made the motion to approve, Commissioner Henrichs seconded the motion. Motion passed 6-0. NEW BUSINESS Chairperson Dansby read into the record the items on Consideration and Possible Action —VARP 22-15: Variance from the Minimum Lot Width Requirement in the OT-R District. CONSIDERATION AND POSSIBLE ACTION -VARP 22-15: VARIANCE FROM THE MINIMUM LOT WIDTH REQUIREMENT IN THE OT-R DISTRICT Public Hearing: A request by Patrick Lopez and James Gilbert, applicants; on behalf of Dixie Limited Investments, 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 (a)(2)(a) to allow the creation of 4 lots each of which is less than the minimum Lot Width in the OT-R District, 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: 2337 N. Austin Avenue, Pearland. Senior Planner Buaku presented the staff report with exhibits. 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. The applicant was not in attendance. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner McCathran asked if the rendering is consistent with current existing neighborhood. Senior Planner Buaku stated that the dimensions of the building are consistent with the Old Townsite neighborhood, but the design may not be consistent but that will be reviewed during permitting. Chairperson Dansby stated that there are houses like this in the nearby area. Chairperson Dansby, Vice Chairperson Fuertes, Commissioner Isenberg and Assistant Director Griggs discussed and clarified where this property is located. Assistant Director Griggs and Commissioner Isenberg discussed the differences between this proposed lot and the original lots. Commissioner Isenberg stated he is not against the variance, but he did state that he would appreciate the applicant being in attendance. Vice Chairperson Fuertes stated that looking at an ariel map that these homes are not as consistent as the others located nearby, but that this is an infill lot. Vice Chairperson Fuertes stated that he hopes that this is like the Sullivan Brothers project. Commissioner Boswell is in favor of the variance and did appreciate the additional paperwork accompanying the staff report since the applicant could not be present. 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 22-15: Variance from the Minimum Lot Width Requirement in the OT-R District. Vice Chairperson Fuertes made the motion to approve, Commissioner Boswell 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 22-25. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 22-25 Public Hearing: A request by GMS Connects LLC, applicant, on behalf of G & G Partners Development, owner, for approval of a Conditional Use Permit (CUP) for Assisted Living use on approximately 9.6135 acres of land within the Neighborhood Service (NS) District, to wit: Legal Description: A tract or parcel of land containing 9.6135 acres of land, (418,766 square feet), being out of and a part of Lot 76, George W. Jenkin Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 79, Page 616, of the Office of the County Clerk of Brazoria County, Texas, said 9.6135 acre tract of land being that certain tract of land as conveyed to Gary Martin Maynor and wife, Cecelia Maynor, by instrument recorded in document CF No. 2001045201 of the Office of the County Clerk of Brazoria County, Texas. General Location: 3205 Dixie Farm Road, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that this CUP application is for an assisted living facility in the Neighborhood Services (NS) District and that the CUP does conform to the criteria of the UDC. Staff recommends approval of the requested CUP with the following condition: 1. The proposed use shall be constructed in substantial conformance to the architectural style and materials in the attached renderings provided by the Applicant. Applicant, Chris Heard with GMS Connects LLC at 215 East Galveston Street, League City,Texas 77573, was in attendance in-person in Council Chambers to present to the P&Z Commission. He stated that this is the second time being in front of the P&Z Commission recently for the property. Mr. Heard stated that he was recently denied for a zone change on this property in December. He stated that the contract with the memory care facility is firm, and everyone is ready to move forward. Mr. Heard stated that he took the feedback from the P&Z Commission and City Council from the previous zone change and addressed the concerns. He stated that he is available for any questions. Chairperson Dansby called for public input. Resident, Greg Nelson at 1617 Pine Crest Drive, Pearland, Texas 77581, stated that he is opposed to the proposed CUP. He stated that believes the City of Pearland is going out of their way to assist this property owner. Mr. Nelson stated that the property owner bought the property is 2017 and was approved a zone change. He discussed the development of the Pine Hollow neighborhood. Mr. Nelson is concerned with commercial property on Dixie Farm will devalue his property. He is also concerned with flooding, the tax break for this property owner and the area on the property near the Pine Hollow neighborhood. Mr. Nelson provided paperwork to the P&Z Commission, that included a map and tax statements. Resident, Angela Ornelas at 3522 Pine Chase Drive, Pearland, Texas 77581, stated that she is opposed to the proposed CUP. She stated at the City Council meeting in December that they encouraged the developer to reach out to the neighboring homeowners and that they never did reach out to her. Ms. Ornelas stated that if the developer would have reached out that she would have suggested a professional building that is only open during the week. She stated that the neighborhood has concerns with a memory care or assisted living being developed in this location. Ms. Ornelas stated that she is concerned with Emergency Services coming and going at nighttime and the number of dumpsters on the property due to the size of the facility. Resident, Valerie Hamid at 1608 West Pine Branch Drive, Pearland, Texas 77581, stated that she is opposed to the proposed CUP. She stated that she is concerned with commercial use being close to the Pine Hollow neighborhood, the amount of traffic in the area and the value of the development will add to the city. Commissioner Isenberg stated that he lives close to this proposed CUP and that the developer could develop anything allowed within the zoning district by right today. He stated why the detention pond would be required and necessary on the property and that there are other businesses nearby that also use commercial trash services. Commissioner Isenberg stated that Pearland is growing, understands the residents, but also the developer has a right to develop the land. Commissioner Henrichs agreed with Commissioner Isenberg's comments. Commissioner Henrichs and Assistant Director Griggs discussed the required buffer between the development and the residential neighborhood. Commissioner Henrichs stated that detention would have to drain to Dixie Farm Road and not into the neighborhood, and that she believes that this development would bring value to the city due to the aging population within the city. Commissioner Henrichs stated that if she was to vote for this item, she would vote in favor of it. Commissioner Boswell stated that she does appreciate the citizens coming out to speak against this item. She stated that Pearland is currently having infill lots developed with limited real estate and the city is currently working towards being inclusive to all, including the aging population. Commissioner Boswell stated that she is in favor of this CUP application due to there being a need for this type of facility. Commissioner McCathran agreed with the previous P&Z Commissioner's comments and would be in favor for the CUP application. She stated that people that live in Assisted Living Facilities often do not drive, so they will not contribute to the traffic, that the City of Pearland adheres to drainage requirements for development, and she understands the citizens' concerns, but the city is changing. Vice Chairperson Fuertes stated that there will be more senior and elderly care centers and facilities being developed due to the need for them, in his opinion. He stated that Pine Hollow is a well-established neighborhood and described the history of the parcel. Vice Chairperson Fuertes stated that Neighborhood Services (NS) is the least intense zone for commercial use, and he is in favor of this CUP due to it being the best use for the land. Chairperson Dansby discussed some uses allowed in the NS zoning district. Chairperson Dansby asked Mr. Heard what they would use the back part of the property that is near the pipeline and the neighborhood for. Mr. Heard stated that before full development that he would have to plat and subdivide the property and that he would be back in front of the P&Z Commission for the plat approval. Chairperson Dansby and Mr. Heard discussed dumpster location on the property. Chairperson Dansby suggested the dumpsters be located as far away from the houses as possible. He stated that he is in favor of the CUP application because it is a lower impact use for this location. Deputy City Attorney Provins discussed the proposed site plan and suggested to the P&Z Commission if they wanted to suggest any conditions to City Council to add for approval of the CUP to do so. Chairperson Dansby recommended that the dumpsters be located as close to Home Depot as possible. All 6 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: Chairperson Dansby and Deputy City Attorney Provins briefly discussed speakers understanding the Open Meeting Acts policies. 2. Upcoming Joint P&Z Commission/CPAC Meeting: Wednesday, January 25, 2023 at 6:OOpm at the Delores Fenwick Nature Center 3. Next P&Z Regular Meeting: February 6, 2023 ADJOURNMENT Chairperson Dansby adjourned the P&Z Regular meeting at 7:39 P.M. These minutes were respectfully submitted by: Shelby Lowe, Ad 0 inistrative Assistant Minutes approved as submitted and/or corrected on this 6th day of February 2023, A.D. Brandon Dansby, Planning &Zoning Chairperson