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2023-01-03 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 3, 2023, AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER Vice Chairperson Fuertes opened the meeting for the P&Z Regular Meeting at 6:32 P.M. In attendance were: P&Z Vice Chairperson Henry Fuertes P&Z Commissioner Ashlee Boswell P&Z Commissioner Andrew Earles 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, Planner I Samin Bazargan and Administrative Assistant Shelby Lowe. ITEMS REMOVED FROM THE AGENDA - NO ACTION REQUIRED CONDITIONAL USE PERMIT APPLICATION: CUP 22-25 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: General Location: 3205 Dixie Farm Road, Pearland, TX. 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 December 12, 2022 Meeting. CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from December 12, 2022. Vice Chairperson Fuertes read into the record the items on the Consent Agenda. Commissioner Henrichs made the motion to approve, Commissioner Isenberg seconded the motion. Motion passed 6-0. NEW BUSINESS Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-30. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-30 Public Hearing: A request by Nolan Tiersch, applicant, on behalf of Welcome Real Estate Services, LLC., owner, for approval of a zone change from Spectrum-3 (S-3) District to Planned Development(PD) District, incorporating approximately 16.92 acres of land into the existing LNR Clear Lake Planned Development, to wit: Legal Description: Tract(1): 11.0244 acres (480,224 square feet)of land, being a portion of Lots 59, 59'/2, 60 and 60'/2 in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume 3, Page 40, in the Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. Tract (2): 5.9012 acres (257,055 square feet) of land, being a portion of Lots 59 and 60 in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume No. 3, Page No. 40, in Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. General Location: Northwest Quadrant of Kirby Drive and Fruge Road. Planner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that this would be the third addendum to the LNR Clear Lake PD. Planner I Bazargan stated this zone change does conform to the criteria of the UDC. Staff does recommend approval. The applicant was not in attendance. Vice Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Henrichs and Assistant Director Griggs discussed the use that would be allowed, and that the applicant is seeking. Assistant Director Griggs stated that it would be an industrial office user from their previous consultations with staff, but he does wish that the applicant was present to answer that question further. Vice Chairperson Fuertes and Assistant Director Griggs discussed the parcel, the LNR PD and the surrounding area. Assistant Director Griggs clarified that this parcel will be copying into the LNR PD. Vice Chairperson Fuertes stated that he would prefer the applicant to be present at the meeting. No further discussion from Staff, P&Z Commission or Public input. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-30. Commissioner Isenberg made the motion to approve, Commissioner McCathran seconded the motion. Motion passed 6-0. Vice Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 22-26. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 22-26 Public Hearing: A request by Mary A. Monroy, applicant, on behalf of BROP, LLC, owner, for approval of a Conditional Use Permit (CUP)for Automobile Driving School use on approximately 9.2001 acres of land within the Kingsley Broadway Planned Development (PD) District, to wit: Legal Description: Reserve "C" of the Minor Plat of Kingsley Retail, being a subdivision of 15.1451 acres of land (659,722 square feet), as recorded in County Clerks' File No. 2018048675 of the Plat Records of Brazoria County, Texas. General Location: 3129 Kingsley Drive, Suite 1130, Pearland, TX. Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated that this CUP application is for a driving school and that the CUP does conform to the criteria of the UDC. Staff is supportive of the approval of the CUP with no additional conditions. Applicant, Mary Monroy at 13304 Meridian Heights Court, Rosharon, Texas 77583, was in attendance in-person in Council Chambers to present to the P&Z Commission. She stated that they have had this family business for 12 years in Houston. Ms. Monroy stated that they would like to expand to Pearland and that her daughter, Cathy Farfan will present more information on the business. Applicant Representative, Cathy Farfan at 5118 Plum Drive, Houston, Texas 77087, was in attendance in-person in Council Chambers to present to the P&Z Commission. She stated that she runs the day-to-day operations of their Houston driving school location. Ms. Farfan stated that would like to expand their business to Pearland and their personal reasoning for starting this business. She described the training, education and services they would provide to driving students. Vice Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Henrichs stated that this business would be a good service to have in Pearland and that other driving schools in the area are often busy. Vice Chairperson Fuertes clarified that they need a CUP due to the zoning being General Business. He stated that he wishes the business well. 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: Commissioner Isenberg stated that he read through the P&Z Commission Handbook over the holidays and had some concerns. His first concern was Zone Change Applications only being heard at Joint Meetings on the 3rd Monday of the month. Deputy City Attorney Provins clarified that rule was updated with a previous UDC Amendment, but the P&Z Commission Handbook will be updated as well. Commissioner Isenberg wanted to confirm that Zone Change Application approvals are not allowed to have conditions. Staff did confirm that is true. Commissioner Isenberg stated that signage for public hearing items should have more information for citizens. Commissioner Boswell and City Attorney Provins discussed the Commissioner Activity Report and how the P&Z Commission can place an item on the P&Z Meeting agenda for discussion, to not be in violation of the Texas Open Meetings Act, 2. Next P&Z Regular Meeting:Tuesday,January 17, 2023 ADJOURNMENT Vice Chairperson Fuertes adjourned the P&Z Regular meeting at 7:07 P.M. These minutes were respectfully submitted by: a I - 'QW UTV�k Shelby Lowe, Adm istrative Assistant Minutes approved as submitted and/or corrected on this 17th day of January 2023, A.D. Brandon Dansby, Planning Zoning Chairperson