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2023-07-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING HELD IN -PERSON BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JULY 17 2023, AT 6 30 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Vice Chairperson Fuertes opened the meeting for the P&Z Regular Meeting at 6:30 P.M. In attendance were: P &Z Vice Chairperson Henry Fuertes P &Z Commissioner Ashlee Boswell P &Z Commissioner Jennifer Henrichs P &Z Commissioner Derrell Isenberg P &Z Commissioner Brad Kuhn P &Z Commissioner Angela McCathran Also, present were Deputy City Attorney Lawrence Provins Associate Engineer John De La Rosa, Community Development Assistant Director Martin Griggs, Senior Planner Florence Buaku, Planner I Samin Bazargan, Planning Intern Logan Farris 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 2024. Vice Chairperson Fuertes nominated P&Z Commissioner Derrell Isenberg for Chairperson; Commissioner Kuhn seconded the motion. Motion passed 6-0. Chairperson Isenberg nominated P&Z Commissioner Jennifer Henrichs for Vice Chairperson; Commissioner McCathran seconded the motion. Motion passed 6-0. 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 — PLAT 23-55: PRELIMINARY PLAT OF THOMAS MANOR P ublic Hearing: A request by Monica Fontenot -Poindexter, Chesterfield Development Services the applicant; on behalf of Freeman T. Wyche and 011ie Alicia Wyche, owner; for approval of the P reliminary Plat of Thomas Manor, creating 8 lots, 5 reserves and 2 blocks on 5.9136 acres located north of Fite Road described to wit: Legal Description: A Subdivision Containing 5.9136 Acres of Land out of Allison Richey Gulf Coast Home Company Subdivision, Section 21, H.T.& B.R.R. Co. Survey, Abstract 309, Brazoria County, Texas. General Location: 8335 Fite Road. Chairperson Isenberg read into the record the items on the Consent Agenda. Vice Chairperson Henrichs made the motion to approve, Commissioner Fuertes seconded the motion. Motion passed 6-0. N EW BUSINESS Chairperson Isenberg read into the record the items on Consideration and Possible Action — PLAT 23-74: Ridgewood Estates Replat No. 1. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-74: RIDGEWOOD ESTATES REPLAT N O 1 P ublic Hearing: A request by CE Engineers and Development Consultants, the applicant; on behalf of Kimberly Barnes -Henson, owner; for approval of a partial Replat of Ridgewood Estates creating 3 lots on 0.2085 acres located on Broadmore Lane. Legal Description: A subdivision of 0.285 acres (9,085 square feet) of land being out of Lot 3, Block 34, of Ridgewood Estate Addition, Fort Bend County, Texas, A subdivision recorded in Plat Book No. 5 on Pages 29-A, 29-B, 29-C and 29-D, in the County Clerk's Office, Fort Bend County, Texas. General Location: Off the SE Corner of Broadmore and Tulip Lane. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that this replat will subdivide 1 lot into 3 lots. Senior Planner Buaku stated that the replat conforms to the criteria of the UDC for approval. Staff recommends approval due to a variance being issued by Fort Bend County. Applicant, Chen Wang at 9545 Katy Freeway, Houston, Texas 77024, was in attendance in - person in Council Chambers to answer any questions for the P&Z Commission. Chairperson Isenberg 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 Isenberg read into the record the items on Consideration and Possible Action — PLAT 23-74: Ridgewood Estates Replat No. 1. Commissioner Boswell made the motion to approve, Commissioner McCathran seconded the motion. Motion passed 6-0. Chairperson Isenberg read into the record the items on Consideration and Possible Action — Conditional Use Permit Application: CUP 23-12. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 23-12 Public Hearing: A request by Varinder Tandon, applicant, on behalf of CCAC Sam's Shadow Creek, LLC., owner, for approval of a Conditional Use Permit (CUP) to allow Auto Wash use, within the Shadow Creek Ranch Planned Development (PD) District on approximately 1.0521 acres of land, to wit: Legal Description: Lot "C-1' , Block 1, First Partial Replat of The Reserve at Shadow Creek Ranch, a subdivision of 1.0521 acres of land in the City of Pearland, Texas according to the map or plat recorded in County Clerk's File No. 2012022859 in the Plat records of Brazoria County, Texas. General Location: Southeast Quadrant of Business Center Drive & Discovery Bay Drive. Planner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that CUP application is for a car wash located in the Shadow Creek PD. Planner I Bazargan stated that the CUP conforms to 6 out of 7 of the criterions of the UDC for approval. Staff recommends denial due to the character of the area. Staff recommends 4 conditions if the P&Z Commission considers approving the CUP: 1. The applicant shall provide a color rendering that meets the Shadow Creek Village Architectural Review Committee requirements for Commercial Sites of the proposed use and be developed to be in substantial conformance with materials depicted on facade details submitted with this CUP application. 2. The applicant shall provide details on the vacuum station structures and shall accommodate masonry wrapping of the structures to a height equal to the painted split face CMU wainscot provided in the facade details submitted with this CUP application 3. The site plan shall be amended to accommodate the following a. A minimum 6' depth planting area along the entire length of stacking lane near the east property line with a continuous hedge row with a minimum 3 in height at planting. b. Infill the areas between the proposed street tree landscape strip along Discovery Bay drive with a continuous hedge row with a minimum 3 in height at planting. c. A landscaped planting area with dense enough planting to screen the exit of the tunnel and immediate drive aisle. The planting area shall contain large shade trees with a minimum 4 caliper measured at 12" above the root ball, with the total caliper inches equal to at least 1.5" for each 10' of lot depth along the area south of the exit. The planting area shall also include a continuous hedge row with a minimum of 3' in height at planting. There shall be no plantings required within the area necessary to ensure clear sight visibility for exiting traffic from the car wash. A Sight Distance Visibility Study shall be required at permitting stage for the intersection of the entrance/exit with the drive aisle to determine appropriate clearance due to the curvature of the roadway. d. Provide a continuous row of shrubs along the east property line parallel with the building. 4. The vacuum systems shall be enclosed and maintained inside the building in the equipment room to reduce noise for adjacent property owners. Applicant, Varinder Tandon with Mint Express Carwash at 6240 4315 Lone Creek Hill Court, Katy, Texas 77494, was in attendance at Council Chambers to present to the P&Z Commission. He stated that Mint Express Carwash currently has 2 locations, and they are looking to add 3 more locations by the end of the year. Mr. Tandon stated that this is a customer centric business. He described the staffing, chemicals that would be used and what they are planning for community outreach. Mr. Tandon shared the online reviews of his current carwash locations and the site plan for this proposed location. He stated that carwash services will be around 10 dollars. Mr. Tandon stated that he understands staffs assessment. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Henrichs asked staff what types of businesses would be ideal for this location and asked how site detention will be handled. Assistant Director Griggs stated that the Shadow Creek PD has detention capacity for this area and the ideal uses would be those meeting the 288- gateway description. Vice Chairperson Henrichs asked staff what kind of developments should be in this area. Assistant Director Griggs stated that area in 288 Gateway should have higher commercial uses in order to maintain a higher quality development. Commissioner Boswell stated that she is not favor of this CUP application. She stated that this development wouldn't match the character of the area, that there are enough carwashes in the city, and there is a better use for this location. Commissioner Fuertes asked why this CUP application is being considered by the P&Z Commission since Shadow Creek Ranch falls under the Land Use and Urban Development Code. Assistant Director Griggs stated that auto uses CUPs are reviewed by the P&Z Commission and City Council due to all PD amendment from 2017 which required CUPs for many auto related uses. Commissioner Fuertes stated that he worked with the Shadow Creek Ranch developers until 2011 and in his opinion the developers did not intend for a carwash to go in this location. He stated that he likes the carwash product and would probably be in favor of this CUP if it was in a different location. Commissioner McCathran stated that Pearland has quite a few express carwashes and asked the applicant what sets their carwash apart from the others. Mr. Tandon stated that they provide additional services to customers like towels and water bottles. Commissioner McCathran asked the applicant if they have reviewed the conditions suggested by staff. Mr. Tandon stated that they spoke to the surrounding businesses like Sam's Club to see if they are in support of the business. Deputy City Attorney Provins clarified Commissioner McCathran's question to Mr. Tandon. Mr. Tandon stated that they are fine with the conditions suggested by staff. Commissioner McCathran asked staff if the city if engaged with any other businesses to be built in this location. Assistant Director Griggs stated that the city's vision for this corridor is to maintain a high -quality standard for development and that Community Development does not seek out businesses to develop in a particular location. Commissioner McCathran stated that there are a lot of medical uses in that area and that she is not in favor of this CUP. Chairperson Isenberg agreed with the other P&Z Commissioners and stated that the product is good, but the location is bad. Commissioner Kuhn agreed with the other P&Z Commissioners. No further discussion from Staff, P&Z Commission or Public input. Chairperson Isenberg read into the record the items on Consideration and Possible Action Conditional Use Permit Application: CUP 23-12. Commissioner Fuertes made the motion to approve, Commissioner Boswell seconded the motion. Motion denied 0-6. DISCUSSION ITEMS 1. City Council Update Report: Presented by Assistant Director Griggs. Assistant Director Griggs stated that at the July 10, 2023, City Council Regular Meeting, City Council approved the UDC Amendments (Ordinance No. 2000T-39). 2. Commissioners Activity Report: Commissioner Fuertes and Chairperson Isenberg discussed the P&Z Commission reviewing the Rules and Procedures at the next regular P&Z meeting. 3. Next P&Z Regular Meeting: August 7, 2023 ADJOURNMENT Chairperson Dansby adjourned the P&Z Regular meeting at 7:18 P.M. These minutes were respectfully submitted by: Shelby Lowe! Administrative Assistant Minutes approved as submitted and/or corrected on this 7th day of August 2023, A.D. Derrell Isenberg, Plannin.'& Zoning Chairperson