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2023-08-07 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, AUGUST 7, 2023, AT 6:30 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Isenberg opened the meeting for the P&Z Regular Meeting at 6:35 P.M. In attendance were: P&Z Chairperson Derrell Isenberg P&Z Commissioner Ashlee Boswell P&Z Commissioner Brandon Dansby P&Z Commissioner Henry Fuertes 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 Patrick Bauer Planner I Samin Bazargan, Planning Intern Logan Farris 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 ABSENCES Excuse the absence of Commissioner Ashlee Boswell and Commissioner Jennifer Henrichs from the June 19, 2023 Meeting and Commissioner Brandon Dansby from the July 17, 2023 Meeting. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from June 19, 2023 and July 17, 2023. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-86: PRELIMINARY PLAT OF PEARLAND MANVEL ADDITION A request of Alissa Watson, the applicant; on behalf of Linh H. Lam and Dat D. Bui, owner; for approval of the Preliminary Plat of Pearland Manvel Addition creating 1 lot on 1.639 acres located west of Manvel Road, described to wit: Legal Description Being a Subdivision establishing 1 lot on 1.639 acres showing part of section 17 of the H.T&B.R.R. Co Survey, Abstract No. 242, Brazoria County Texas. General Location: 2730 Manvel Road. Chairperson Isenberg read into the record the items on the Consent Agenda. Commissioner Fuertes made the motion to approve, Commissioner Dansby seconded the motion. Motion passed 5-0. N EW BUSINESS Chairperson Isenberg read into the record the items on Consideration and Possible Action — VARP 23-09: Variance from the Minimum Lot Frontage Requirement in the R-1 District. CONSIDERATION AND POSSIBLE ACTION - VARP 23-09: VARIANCE FROM THE MINIMUM LOT FRONTAGE REQUIREMENT IN THE R-1 DISTRICT P ublic Hearing: A request by Scott Sheridan, the applicant; on behalf of Bateman Dwight Jr and Michael Edward Rhame, owners; for approval of a Variances Permitted in Section 2.6.1.1 (b)(1) of the Unified Development Code, Ordinance No. 2000-T, from the requirements of Section 3 2.14.2 (j) of the UDC to allow approval of the creation of a lot that does not meet the minimum lot frontage requirements in the Single Family Residential 1 (R-1) District. Legal Description: A subdivision being comprised of all of Lot 2 (237,357 sq. ft. or 5.45 acres) of Cartercrest Replat No. 1, A subdivision of Brazoria County Texas, according to the Map or P lat thereof recorded in the clerks file No. 2015003638 of the Plat record of Brazoria County, Texas. General Location: 4102 Buckholt Road. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that this plat variance will allow the creation of 2 separate lots for single family homes. Senior Planner Buaku stated that the plat variance conforms to 6 out of 8 the criterions of the UDC for approval. Staff recommends approval due to: 1. The proposed lot meets all the requirements of the R-1 District except for the minimum lot frontage and is developable. 2. The variance will allow the property to be properly subdivided via plat and developed. 3. The existing house on the lot is currently accessed from Buckholt Road. Applicant Representative, Adam Hill at 917 Sunset, Drive, Friendswood, Texas 77546, was in attendance in Council Chambers to present to the P&Z Commission. He stated that they are looking to replace the current residential home on the property with a new home. P roperty Owner, Dwight Bateman Jr. At 4102 Buckholt Street, Pearland, Texas 77581, was in attendance in Council Chambers to present to the P&Z Commission. He stated that he loves this community. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Fuertes stated that he has no opposition to the variance due to having no opposition from nearby residents. 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 — VARP 23-09: Variance from the Minimum Lot Frontage Requirement in the R-1 District. Commissioner Dansby made the motion to approve, Commissioner McCathran seconded the motion. Motion passed 5-0. Chairperson Isenberg read into the record the items on Consideration and Possible Action — PLAT 23-73: Cartercrest Replat No 1. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-73: CARTERCREST REPLAT NO. 1 P ublic Hearing: A request by Scott Sheridan, the applicant; on behalf of Bateman Dwight Jr and Michael Edward Rhame, owners; for approval of a partial Replat of Cartercrest subdivision creating 2 lots on 5 45 acres located between Dixie Farm Road and Buckholt Road, to wit: Legal Description: A subdivision being comprised of all of Lot 2 (237,357 sq. ft. or 5.45 acres) of Cartercrest Replat No. 1, A subdivision of Brazoria County Texas, according to the Map or Plat thereof recorded in the clerks file No. 2015003638 of the Plat record of Brazoria County, Texas. General Location: 4102 Buckholt Road. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that staff received multiple phone calls from one resident to discuss his concerns regarding the development and the concerns have been address by the Engineering Department. Senior P lanner Buaku stated that the replat conforms to all the criteria of the UDC for approval. Staff recommends approval. Applicant Representative, Adam Hill at 917 Sunset, Drive Friendswood, Texas 77546, was in attendance in -person in Council Chambers to answer any questions for the P&Z Commission. P roperty Owner, Dwight Bateman Jr. At 4102 Buckholt Street, Pearland, Texas 77581, 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 23-73: Cartercrest Replat No 1. Commissioner Boswell made the motion to approve, Commissioner Fuertes seconded the motion. Motion passed 5-0. Chairperson Isenberg read into the record the items on Consideration and Possible Action VARP 23-10: Variance from the Maximum 600-Foot Length of a Cul-De-Sac. CONSIDERATION AND POSSIBLE ACTION - VARP 23-10: VARIANCE FROM THE MAXIMUM 600-FOOT LENGTH OF A CUL-DE-SAC P ublic Hearing: A request by Patrick Lane, LJA Engineering, the applicant; on behalf of Beazer Homes Texas LP, owner; for approval of a variance permitted in Section 2.6.1.1 (b)(1) of the U nified Development Code, Ordinance No 2000-T from Section 3.2.6.4(1) to allow a cul-de-sac that exceeds the maximum 600 feet permitted Legal Description: A subdivision of 22.451 acres of land situated in the Derril H. M Hunter S urvey, Abstract 76, City of Pearland Brazoria County, Texas. General Location: East of Pearland Parkway and North of Hughes Road. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that this plat variance request is for a cul-de-sac located in the Stonebridge PD. She stated that the site is mostly in the floodway and additional emergency access is being added to mitigate the effect of a longer cul-de-sac. Senior Planner Buaku stated that the plat variance conforms to 7 o ut of 8 the criterions of the UDC for approval. Staff recommends approval of the requested variance with the condition that: 1. The 24-foot emergency access easement is constructed to City of Pearland roadway standards. Applicant Representative, Rene Rodriguez with LJA Engineering at 3600 West Sam Houston Parkway South, Houston, Texas 77450, 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. Commissioner Dansby stated that he is fine with the variance if it is approved with staff's recommended condition and if the Fire Department agrees on this. Assistant Director Griggs stated that the Fire Department does agree with this due to it being aligned with the master plan. Commissioner Fuertes stated that his current employer used to own a portion of this land, but it has been almost 2 years since he sold it. He said that this is a challenging tract and that similar tracts may have to get a variance due to more in -fill development happening in Pearland. Commissioner Fuertes stated that he has no issues with the variance, or the condition recommended by staff, but asked if the developer could have the option on making the emergency access a green space if the emergency access still met the condition recommended by staff. Assistant Director Griggs stated that the developer can use alternative methods for the e mergency access material if it meets the recommended condition and can support the weight of an emergency vehicle. 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 VARP 23-10: Variance from the Maximum 600-Foot Length of a Cul-De-Sac. Commissioner Fuertes made the motion to approve with the condition that the 24-foot emergency access e asement is constructed to City of Pearland roadway standards Commissioner Boswell seconded the motion. Motion passed 5-0. Chairperson Isenberg read into the record the items on Consideration and Possible Action — PLAT 23-75: Preliminary Plat of Creekside at Highland Glen Section 2. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-75: PRELIMINARY PLAT OF CREEKSIDE AT HIGHLAND GLEN SECTION 2 A request by Patrick Lane, LJA Engineering, the applicant; on behalf of Beazer Homes Texas LP, owner; for approval of the Preliminary Plat of Creekside at Highland Glen Section 2 creating 36 single family lots, 2 reserves, and 1 block on ± 22.451 acres of land located East of Pearland P arkway and North of Hughes Road. Legal Description: A subdivision of 22.451 acres of land situated in the Derril H. M Hunter S urvey, Abstract 76, City of Pearland, Brazoria County, Texas. General Location: East of Pearland Parkway and North of Hughes Road. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the applicant has submitted an updated plat with the emergency access easements that were just approved with the previous plat variance. Senior Planner Buaku stated that the plat variance conforms to all the criteria of the UDC for approval. Staff recommends approval. Applicant Representative, Rene Rodriguez with LJA Engineering at 3600 West Sam Houston Parkway South, Houston, Texas 77450, was in attendance in person in Council Chambers to answer any questions for the P&Z Commission. Commissioner Fuertes repeated that his current employer used to own a portion of this land, but it has been almost 2 years since he sold it. 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 23-75: Preliminary Plat of Creekside at Highland Glen Section 2. Commissioner Dansby made the motion to approve, Commissioner McCathran seconded the motion. Motion passed 5-0. Commissioner Fuertes recused himself from the meeting. Chairperson Isenberg read into the record the items on Consideration and Possible Action — PLAT 23-71: Final Plat of Alexander Section 1. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-71: FINAL PLAT OF ALEXANDER S ECTION 1 P ublic Hearing: A request by Patrick Lane, LJA Engineering, the applicant; on behalf of 277 Danziger Investments Ltd, owner; for approval of the Final 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. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that this final plat is for the Alexander Burns PD — Section 1. Senior Planner Buaku stated that the final plat conforms to all the criteria of the UDC for approval. Staff recommends approval. Applicant Representative, Rene Rodriguez with LJA Engineering at 3600 West Sam Houston Parkway South, Houston, Texas 77450, 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 23-71: Final Plat of Alexander Section 1. Commissioner McCathran made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 4-0. Commissioner Fuertes rejoined the meeting. Chairperson Isenberg read into the record the items on Consideration and Possible Action — PLAT 23-87: Final Plat of Crown Oaks Section 1 CONSIDERATION AND POSSIBLE ACTION - PLAT 23-87: FINAL PLAT OF CROWN OAKS S ECTION 1 P ublic Hearing: A request by Patrick Lane, LJA Engineering, applicant; on behalf of Jack Enterprises LLC, owner for approval of the Final Plat of Crown Oaks Section 1, creating 11 single family lots, 5 reserves, and 1 block on ± 9.563 acres of land located along Dixie Farm Road. Legal Description: A Subdivision of 9.563 Acres of Land situated in the Warren D.C. Hall Survey, Abstract 70, City of Pearland, Brazoria County, Texas. General Location: 3404 Dixie Farm Road, Pearland. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that this final plat is for single-family neighborhood. Senior Planner Buaku stated that the final plat conforms to all the criteria of the UDC for approval. Staff recommends approval Applicant Representative, Rene Rodriguez with LJA Engineering at 3600 West Sam Houston P arkway South, Houston, Texas 77450, 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 23-87: Final Plat of Crown Oaks Section 1 Commissioner Dansby made the motion to approve, Commissioner McCathran seconded the motion. Motion passed 5-0. Chairperson Isenberg read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 23-06. CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION: ZONE 23-06 P ublic Hearing: A request by Adam Clent, Beacon Land Services, applicant, on behalf of PRD Land Development Services representing BAHAM Interests Limited Partnership, owner, for approval of a zone change for 3.8452 acres of land from General Business (GB) District to General Commercial (GC) District, to wit: Legal Description: Being a 3.8452-acre tract of land out of a called 4.846 acre tract out of Lots 63 and 64 of the Allison Richey Gulf Coast Home Company Subdivision of Section 9, H.T. & B.R.R. Co. Survey, Abstract 234 Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2 Page 24 of the Plat Records of Brazoria County, Texas. General Location: 7029 Broadway Street, Pearland, Texas. P lanner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the zone change conforms to all the criteria of the UDC for approval Staff recommends approval Applicant, Adam Clent with Beacon Land Services at 1304 Langham Creek Drive, Houston, Texas 77084, 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. Commissioner Boswell asked Mr. Clent what the plan for the property is. Mr. Clent stated that the realtor has been approached for several different uses. Commissioner Boswell stated that she is in favor of the zone change she was just cunous what the plans were for the property. Commissioner Fuertes stated that he is familiar with this property and that it is a good location 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 — Zone Change Application: ZONE 23-06. Commissioner Fuertes made the motion to approve, Commissioner Dansby seconded the motion. Motion passed 5-0. Chairperson Isenberg read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 23-09. CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION• ZONE 23-09 Public Hearing: A request by Tessie Gurley, applicant, on behalf of Barclay Barnett, owner, for approval of a zone change for 1.11 acres of land from Old Townsite Residential (OT-R) District to Old Townsite Mixed Use (OT-MU) District, to wit Legal Description: A 1.11-acre tract of land being a residue of Lot 8 of the Allison Richey Gulf Coast Home Company Subdivision of Section 3, H.T. & B.R.R Co. Survey, Abstract 232, and being a residue of Lot 8 as conveyed to Raymond E. Maness and Wife, Nellie D. Maness by Deed Recorded in Volume 423, Page 465 of the Deed Records of Brazoria County Texas. General Location: 2430 South Austin Avenue, Pearland, Texas. Planner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that the zone change conforms to all the criteria of the UDC for approval. Staff recommends approval. Applicant, Tessie Gurley at 2378 Sabal Park Lane, League City, Texas 77573, was in attendance in -person in Council Chambers to answer any questions for the P&Z Commission. Chairperson Isenberg called for public input. Resident, Richard Wheeler at 4610 Ray Street, Pearland, Texas 77581, stated that he is opposed to the proposed zone change. Mr. Wheeler is concerned with flooding and what uses would be allowed in OT-MU district. He asked the P&Z Commission to leaving the zoning as it currently is. Resident, Carlos Gutierrez at 4601 Ray Street, Pearland Texas 77581, stated that he is opposed to the proposed zone change. Mr. Gutierrez stated that he is concerned with flooding and site access. He stated that he has called emergency services multiple times regarding this property. Resident, Meaghan Cobbs at 4611 Ray Street, Pearland, Texas 77581, stated that she is speaking on behalf of her grandmother. She stated that her grandmother is concerned with flooding and asked the P&Z Commission to leave the zoning as it is. Resident, Suzanne Wheeler at 4610 Ray Street, Pearland, Texas 77581, stated that she is opposed to the proposed zone change. Ms. Wheeler stated that she is concerned with traffic, street conditions, flooding and crime. Commissioner Dansby asked staff about the traffic and flooding concerns that residents brought up. Assistant Director Griggs stated that any development would have to be permitted and would have to meet the Engineering Design Criteria. He stated that since this is a zone change that the P&Z Commission would have to determine if the uses for OT-MU would be a good fit here. Commissioner Boswell addressed the citizen's and stated that the parcel is currently zoned OT- R, and anything allowed by right can currently be developed there, because this land will probably not remain vacant Commissioner Fuertes asked Ms. Gurley what the plans for the property are. Ms. Gurley stated that her father purchased the property in 2019 and the home on the property was built in 1939. She stated that she would like to preserve this building due to it being historical to Pearland. Ms. Gurley said that the building will probably be used for an office use Commissioner Fuertes explained the 3 different zoning districts that make up the Old Town District Commissioner McCathran thanked the residents for their comments and the applicant for giving the P&Z Commission information about their plans for the property. Commissioner Fuertes stated that flooding concerns cannot influence the P&Z Commission s vote on a zone change application. He stated that any development will have to meet the city's rules and regulations. Chairperson Isenberg stated that he agrees with all the P&Z Commissioners comments. Commissioner Dansby asked about the Old Town development guidelines. Assistant Director Griggs stated that Old Town has certain design stipulations and that the Planning Division will be looking to update the Old Town rules and regulations in fiscal year 2024 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 — Zone Change Application: ZONE 23-09. Commissioner Dansby made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 4-1. Commissioner Fuertes voted against the zone change due to it not being consistent zoning. Chairperson Isenberg read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 23-10. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION• ZONE 23-10 P ublic Hearing: A request by Joshua McGinn, applicant, on behalf of Renee McGuire, owner, for approval of a zone change for 2.0784 acres of land from Single -Family Residential-2 (R-2) District to General Business (GB) District, to wit: Legal Description: Lot 1, Block 1, Development Plat of Community of Faith Bible Church, a subdivision of 2.0784 acres of land in the City of Pearland, Texas according to the map or plat recorded in County Clerk's File No. 2019012786 in the Plat Records of Brazoria County, Texas. General Location: 3888 Pearland Parkway, Pearland, Texas. P lanner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that the zone change conforms to 3 out 4 of the criterions of the UDC for approval. Staff is not strongly opposed to the request of GB; they are unable to fully recommend the GB district Staff would be in favor and recommend approval of a Tess intense zoning district such as NS or OP for the subject property. Applicant Representative, Lisa Diese with Texas Properties at 2715 Pebble Creek Drive, Pearland, Texas 77581, was in attendance in Council Chambers to present to the P&Z Commission. She stated that she has been speaking with potential buyers of the property and they would like to develop office -like businesses on this property. Ms. Diese stated that this property will be near the new French Quarter PD and that the uses will be compatible with that development. She said the site will be professional looking and will have beautiful landscaping. Ms. Diese stated that she is available for any questions. Applicant Representative, Rick Diese at 2715 Pebble Creek Drive, Pearland, Texas 77581, was in attendance in Council Chambers to present to the P&Z Commission. Mr. Diese stated that he is Ms. Diese's husband and that this development will be a great addition to the community. Chairperson Isenberg called for public input. Resident, Jim Griffiths at 3816 Oak Ridge Drive, Pearland, Texas 77581, stated that he is opposed to the proposed zone change. Mr. Griffiths stated that he is concerned with traffic and crime near his neighborhood. He stated that he is fine with a church being developed instead of a strip center. Resident, Jennifer Fuentes at 3813 Oak Ridge Drive, Pearland, Texas 77581, stated that she is opposed to the proposed zone change. Ms. Fuentes stated that she is concerned with safety, traffic and automobile accidents. She stated that she is opposed to any zoning district that is not a residential zoning district. Resident, Justin Barnett with R. West Development at 6302 Broadway Street, Suite 200, Pearland, Texas 77581, stated that he is in favor of the proposed zone change. Mr. Barnett stated that this property is a remnant of the Town Lakes Estates subdivision and that residential would not work due to the size and shape of the parcel. He stated that a church did consider purchasing the lot, but the buyer of the strip center could bring businesses that could tie into the French Quarter PD, like a physical therapy office. Mr. Barnett stated that they have met with the potential buyer and the survey company said that this development won't bring too much traffic to the area He said that this development will complement the area well. Resident, Victor Bulerez at 3802 Oak Ridge Drive, Pearland, Texas 77581, stated that he is opposed to the proposed zone change. Mr. Bulerez stated he agrees with his neighbors and is concerned with traffic and vehicle accidents. He asked the P&Z Commission to not approve this zone change application. Applicant Representative, Lisa Diese stated that she understands the concerns of the near -by residential neighbors. She stated that they have been talking to potential buyers for the lot and they don't want to ruin the neighborhood. Ms. Diese Stated that this will be a nice office complex with survey company, maybe some other office uses and maybe a Pilates studio She said these uses won't add much traffic but does understand the concern. Ms. Diese Stated that she would be available after the meeting to speak with near -by residents. Commissioner Boswell asked if the land would be suitable for residential use. She stated that the zoning maybe shouldn't be GB but maybe a less intense zoning district that would allow the property to be utilized. Commissioner McCathran stated that she agrees with Commissioner Boswell and that she would like to see a zoning designation that would allow uses that could support the near -by assisted living community that is not GB. Deputy City Attorney Provins and Assistant Director Griggs explained down -graded zoning designations. Commissioner Fuertes asked staff if Pearland Parkway is a Corridor Overlay District. Assistant Director Griggs stated that Pearland Parkway is a Corridor Overlay District, and this development would have to meet all the requirements at the time of permitting. Commissioner Fuertes stated that he did want to let the residents know that there will be additional requirements for the development, and he did want to understand the traffic concerns for this neighborhood but unfortunately, he cannot dialogue with the citizens. He stated that he has no issues with NS zoning for this property. Commissioner Dansby stated that the landowner does have the right to develop the property and is open to amending the motion from GB to NS zoning district. Commissioner Boswell and Commissioner McCathran agreed with Commissioner Fuertes. Chairperson Isenberg stated that rezoning this property to NS instead of GB may be agreed upon by the citizens, but it is a compromise. 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 — Zone Change Application: ZONE 23-10. Commissioner Dansby made the motion to approve, Commissioner Boswell seconded the motion. Commissioner Dansby amended the motion to approve a zone change for Neighborhood S ervices (NS) zoning instead of General Business (GB) zoning, Commissioner Boswell seconded the motion. Motion passed 5-0. Chairperson Isenberg read into the record the items on Consideration and Possible Action — Conditional Use Permit Application: CUP 23-14. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 23-14 P ublic Hearing: A request by Prasad Maragani, Petrichor Technical Group, LLC., applicant, on behalf of Kashif Kabani, owner, for approval of a Conditional Use Permit (CUP) for a Gasoline Station within the General Business (GB) District, on approximately 0.8583 acres of land, to wit: Legal Description: Lot 1, Block 1 of Bailey Retail Center, an addition in the City of Pearland, Brazona County, Texas according to the filed plat recorded in County Clerk's File No. 2020011083 in the Plat records of Brazoria County, Texas. General Location: 4109 Manvel Road, Pearland, Texas P lanner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the CUP is for a Gas Station in the GB district. Planner I Bauer stated that the CUP conforms to all the criteria of the UDC for approval. Staff recommends approval of the request with the following conditions: 1. The exterior building facades shall be developed in substantial conformance with materials as depicted in facade renderings 2. The columns supporting the fueling station canopy shall be wrapped with a masonry material that is consistent with an architectural element of the principal building. 3. The dumpster enclosure shall be made of the same material and primary color as the main building. Applicant Representative, Prasad Maragani with Petrichor Technical Group, LLC., at 3815 Tarragon Bend Drive, Richmond, Texas 77406, was in attendance in Council Chambers to present to the P&Z Commission. Mr Maragani stated that in 2020 the owner was approved for a CUP for a gas station, but the CUP expired before they could get permits He stated that recently they demolished the original gas station building that was on the property. Mr. Maragani stated that the client is emotionally attached to this site because it was the first gas station his father owned and operated. He stated that they would be making site improvements and would like to get into construction as soon as possible. Chairperson Isenberg called for public input. Resident, Diane Friday at 7026 Heron Lane, Pearland, Texas 77584, stated that she is opposed to the CUP She stated that her family lives at the property next to this proposed site. Ms Friday stated that she is concerned with flooding, drainage, the building size privacy on her property, safety, light pollution and noise. She stated that the 6-foot buffer will create an alley way near her property. Resident, Michael Friday at 7026 Heron Lane, Pearland, Texas 77584, stated that he is opposed to the CUP He stated that he has read the City of Pearland Comprehensive Plan and that this development does not comply with the plan. Mr. Friday stated that his home is right next to the proposed CUP and that it is rare that a gas station would share a property line with a residential home. He stated that he is concerned with drainage mitigation, construction workers and gas station customers invading privacy and the easement that will be created by the residential buffer. Commissioner Boswell stated that she appreciates the citizens coming to speak regarding the CUP. She stated that due to the site history, the character of the site and the previously approved CUP, she is conflicted about this CUP. Commissioner McCathran stated that she agrees with Commissioner Boswell and that it is difficult to work with multiple agencies and that this may be o ut of the owner's control. She stated that since the owner already was approved for the CUP, he shouldn't be denied the right to reopen a gas station. Commissioner Fuertes concurs with the P&Z Commissioners and stated that working with Texas Department of Transportation can be difficult. He stated that even if this CUP was extended when it was approved it would have still expired before now. Commissioner Fuertes stated that the current site is an eye sore to the community and that city staff will handle drainage during the permitting process. He stated that n o one should be able to see over the neighbor's fence with a 6-foot fence. Mr. Maragani stated because the property is in a 500-year floodplain they had to raise the pad for the building. He stated that they could raise the fence to 8-feet if that was fine with city staff and they could block off the area so no one could enter the alley way area. Mr. Maragani stated that there will be u nderground detention on -site and that they will follow all the city guidelines during construction. Assistant Director Griggs stated that staff has no issue with there being 8-foot residential wall if it met windstorm requirements. Commissioner Dansby asked if they could add landscaping to enhance privacy and asked about the gas station coming soon sign across the street from this location Assistant Director Griggs answered they could add trees and that there is no current CUP application for the property across the street. Chairperson Isenberg stated that the applicant can technically permit anything allowed in GB zoning district by right with no CUP and the applicant is willing to work with neighbors. He said he is struggling with this CUP because it was already previously approved by City Council Assistant Director Griggs and Chairperson Isenberg discussed planting trees in a utility easement. 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 23-14. Commissioner Fuertes made the motion to approve the CUP with all the conditions recommended by staff and additional condition for the height of the buffer wall to be extended to 8-feet tall, Commissioner McCathran seconded the motion. Motion passed 4-1. Commissioner Dansby voted against the CUP due to it being approved previously without conditions and to add conditions would be unfair for the business owner. DISCUSSION ITEMS 1. Discuss Rules & Procedures: Commissioner Dansby made the motion to postpone this discussion until the next P&Z regular meeting, Commissioner Boswell seconded the motion. 2. City Council Update Report: No report to present. 3. Commissioners Activity Report: None. 4. Next P&Z Regular Meeting: August 21, 2023 ADJOURNMENT Chairperson Isenberg adjourned the P&Z Regular meeting at 9:03 P.M. These minutes were respectfully submitted by: Shelby Lowe, Administrative Assistant Minutes approved as submitted and/or corrected on this 18th day of September 2023, A.D. Derrell Isenberg, Planning & Zonind Chairperson