2023-11-06 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, NOVEMBER 6,
2023, AT 6:30 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Vice Chairperson Henrichs opened the meeting for the P&Z Regular Meeting at 6:30 P.M.
In attendance were:
P&Z Vice Chairperson Jennifer Henrichs
P&Z Commissioner Alton Dugas
P&Z Commissioner Henry Fuertes
P&Z Commissioner Angela McCathran
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Francisco
Reyes, Associate Engineer John De La Rosa, Community Development Director Vance Wyly,
Community Development Deputy Director Martin Griggs, Planner I Patrick Bauer, 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 Angela McCathran from
the October 16, 2023 Meeting.
CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from September 18, 2023, October 2, 2023 and
October 16, 2023.
Vice Chairperson Henrichs read into the record the items on the Consent Agenda. Commissioner
McCathran made the motion to approve, Commissioner Dugas seconded the motion.
Motion passed 4-0.
NEW BUSINESS
Vice Chairperson Henrichs read into the record the items on Consideration and Possible Action
— Conditional Use Permit Application: CUP 23-19.
CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION:
CUP 23-19
Public Hearing: A request by Boos Development Group, represented by Jag Sekhon, applicant,
on behalf of BE FM 518 Realty LTD., owner, for approval of a Conditional Use Permit (CUP) to
allow Auto Wash use, within the General Business (GB) District, on approximately 1.2085 acres
of land, to wit:
Legal Description: A 1.2085-acre tract of land located in the H.T. & B.R.R. Company Survey,
Section 21, Abstract No. 309, Brazoria County, Texas, being out of and a portion of Lot 1, Block
1 of Final Plat Sunrise Flats according to the map or plat thereof recorded in Brazoria County
Clerk's File No. 2023043651, and being out of and a part of that certain tract of land conveyed to
BE FM 518 Realty LTD. recorded in Brazoria County Clerk's File No. 2022049189.
General Location: Southeast Corner of Broadway Street & Smith Road.
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that this CUP is
for an auto wash in GB. Planner I Bauer stated that the CUP conforms to all the criteria of the
UDC for approval. Staff recommends approval with the following condition:
1. The exterior building facades shall be developed in substantial conformance with materials
as depicted in facade renderings.
Applicant Representative, Scott Roltgen with Excel Engineering at 100 Camelot Drive, Fond du
Lac, Wisconsin 54935, was in attendance in Council Chambers to present to the P&Z
Commission. He stated he does agree with the staff report and that the facade will match the
renderings. Mr. Roltgen stated that they did make some adjustments to the site plan to meet
staff's requirements. He said there was a slight adjustment with the canopy because of the
setback requirements. Mr. Roltgen stated that this will be a great spot for this type of car wash
and any other issues will be addressed during the permitting process.
Applicant Representative, Lauren Smith with Mister Carwash at 222 East 5th Street, Tucson,
Arizona 85705, was in attendance in -person in Council Chambers to answer any questions for
the P&Z Commission.
Vice Chairperson Henrichs called for public input.
Resident, Charles Li at 4502 Riverstone Boulevard, Missouri City, Texas 77459, stated that he is
the real-estate agent for the property owner to the south. He stated the property owner is not in
favor of a car wash at this location.
Commissioner Fuertes discussed the differences in carwashes in the near -by area. He stated that
he does not have a problem with the number of carwashes in the surrounding area. Commissioner
Fuertes stated that he would be voting in favor for this car wash. Commissioner Dugas asked Mr.
Roltgen how the car wash would work. Ms. Smith described the car washing experience at Mister
Carwash. Commissioner McCathran stated that she would be in favor of this carwash. Vice
Chairperson Henrichs stated that she would be in favor of the car wash. Commissioner Fuertes
stated that some P&Z Commissioners that are not in attendance are sometimes concerned with
car washes and their noise level. He asked if the applicant knew the noise level to the south
property line due to the owner wanting to develop a school there. Ms. Smith stated that they have
not completed any noise studies for their car washing equipment but that they wouldn't have an
issue putting in noise mitigation for an incoming school.
No further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Henrichs read into the record the items on Consideration and Possible Action
— Conditional Use Permit Application: CUP 23-19. Commissioner Fuertes made the motion to
approve with the staff recommended condition, Commissioner Dugas seconded the motion.
Motion passed 4-0.
Vice Chairperson Henrichs read into the record the items on Consideration and Possible Action
— Conditional Use Permit Application: CUP 23-20.
CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION:
CUP 23-20
Public Hearing: A request by Duplantis Design Group, PC, represented by Sydney Rich,
applicant, on behalf of BW Shadow Creek LLC., owner, for approval of a Conditional Use Permit
(CUP) for Auto Repair (Minor) use on approximately 0.7308 acres of land within the Commercial
District of the Shadow Creek Ranch Planned Unit Development (PUD), to wit:
Legal Description: A tract containing 0.7308 acres of land, situated in the J.W. Maxcy Survey,
Abstract No. 675, Brazoria County, Texas, being a residue of lot "D" conveyed to BW Shadow
Creek, LLC. as recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2017042317, also
being out of Lot "D", Shadow Creek Ranch Commercial Site No. 18B, map or plat thereof as
recorded under Brazoria County Plat Records (B.C.P.R.) No. 2007035195.
General Location: 11219 Shadow Creek Parkway, Pearland, TX
Planner I Bauer presented the staff report with exhibits. Planner I Bauer provided site history and
included that the most recent CUP expired in July 2023. Planner I Bauer stated that the CUP
conforms to all the criteria with 2 staff recommended conditions of the UDC for approval. Staff
recommends approval with the following conditions:
1. Large shade trees shall be planted along the west and east property line to screen
adjacent properties from the service bays. Large shade trees shall be provided with the
total caliper inches to equal one inch (1") for each (15') of the lot length/width with a
minimum planting of 2-inches (2").
2. A continuous evergreen hedgerow with height not to exceed four (4) feet shall be provided
along the north property line to screen adjacent properties from the service bays. If the
pipeline easement holder Page 3 of 29 does not agree to any plantings within the boundary
of the easement, then this condition shall be void upon receipt of confirmation from the
easement holder.
Applicant Representative, Sydney Rich with Duplantis Design Group at 1512 Center Street,
Houston, Texas 77007, was in attendance in Council Chambers to present to the P&Z
Commission. She stated that the CUP for this same development and facade was approved in
2022 and that no changes were made, they just needed to make it through the variance hurdle.
Ms. Rich described Express Oil Change's daily operations. She stated that Express Oil Change
adheres to all environmental standards and that there is no underground storage. Ms. Rich stated
that Express Oil Change locations are located all over the country. She stated if any cars are kept
overnight, which is rare, they would be stored in the bays.
Vice Chairperson Henrichs called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Fuertes thanked Planner I Bauer for covering both recommended conditions.
Commissioner Fuertes discussed the differences in the auto -repair shops within the surrounding
area and he stated that there is not too much of this type of auto -repair in that area. Commissioner
Dugas agreed with Commissioner Fuertes and stated that he would be in favor of this CUP.
Commissioner McCathran thanked the applicant for the explanation of the business.
Commissioner McCathran asked Ms. Rich if they have cleared all the Enviornmental Protection
Agency (EPA) hurdles for storage of chemicals. Ms. Rich stated that she is on the engineering
side of this development and does not deal with the EPA approvals, but this is a national brand
that does comply with all federal regulations. Commissioner McCathran stated that she would be
in favor of the CUP. Vice Chairperson Henrichs stated that she does understand that projects do
get delayed and that she would be in favor of this CUP.
No further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Henrichs read into the record the items on Consideration and Possible Action
— Conditional Use Permit Application: CUP 23-20. Commissioner McCathran made the motion to
approve with both conditions recommended by staff, Commissioner Fuertes seconded the motion.
Motion passed 4-0.
Vice Chairperson Henrichs read into the record the items on Input and Discussion — Hotel Uses
and Supplemental Regulations.
INPUT AND DISCUSSION - HOTEL USES AND SUPPLEMENTAL REGULATIONS
Input and Discussion: Regarding request to amend and add additional regulatory language for
a variety of Hotel uses and specific regulations effecting those uses.
Deputy Director Griggs presented the staff report with exhibits. He stated that staff was asked to
do research into hotel standards since many hotels are deflagging from national brands and that
hotel standards are maintained within the City of Pearland.
Vice Chairperson Henrichs concerns were about full -service verses limited -service hotels, resorts
and that a good location for resort hotel would be near Highway 288 and adding regulations that
specifically address safety and human trafficking.
Commissioner Fuertes concerns were the city's involvement in hotel regulations and if the jogging
trail amenity would have to be on -site or could be connected to city trails
Commissioner McCathran was concerned with boutique hotels and not requiring them to be
connected to a flagship brand.
No further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Henrichs read into the record the items on Input and Discussion — Tree
Preservation Ordinance Amendments.
INPUT AND DISCUSSION - TREE PRESERVATION ORDINANCE AMENDMENTS
Input and Discussion: Regarding request to amend the UDC in relation to Tree Preservation.
Deputy Director Griggs presented the staff report with exhibits. He stated that the City of Pearland
has had a tree preservation ordinance since 1997. Deputy Director Griggs described how the
ordinance works, how tree replacements and tree credits work and the tree mitigation process
and how fees are calculated.
Vice Chairperson Henrichs concerns were allowing developers to not have as many parking
spaces if they preserve on -site trees.
Commissioner Fuertes concerns were code enforcement for trees/landscaping along corridor's,
being more flexible with where developers can place and leave existing trees on property to be
more infill development friendly.
No further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. City Council Update Report: Presented by Assistant Director Griggs. Assistant Director
Griggs stated that at the October 23, 2023, City Council Regular Meeting, City Council
approved the 1st reading for Zone Change Application at 2315 Cedar Street to R-2 from
NS (ZONE 23-12) with a vote of 5-0.
2. Commissioners Activity Report: Introduction of P&Z Commissioner Alton Dugas.
3. 2024 Planning and Zoning Submittal Calendars
4. Next P&Z Regular Meeting: November 20, 2023
ADJOURNMENT
Vice Chairperson Henrichs adjourned the P&Z Regular meeting at 7:56 P.M.
These minutes were respectfully submitted by:
Shelby Lowe` Administrative Assistant
Minutes approved as submitted and/or corrected on this 4th day of December 2023, A.D.
Derrell Isenberg, Planning Zoning Chairperson