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2024-02-19 Planning and Zoning Regular Meeting MinutesMINUTES OF THE REGULAR MEETING HELD IN -PERSON BY THE PLANNNG AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TUESDAY, FEBRUARY 19, 2024, AT 6:30 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Derrell Isenberg opened the meeting for the P&Z Regular Meeting at 6:30 P.M. In attendance were: P&Z Chairperson Darrell Isenberg P&Z Vice Chairperson Jennifer Henrichs P&Z Commissioner Alton Dugas P&Z Commissioner Henry Fuertes Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Francisco Reyes, Community Development Director Vance Wyly, Community Development Deputy Director Martin Griggs, Planner II Patrick Bauer, and Executive Assistant Jennifer Danley. CONSENT AGENDA All items listed under the "Consent Agenda" are considered to be routine and require little or no deliberation by the Planning & Zoning 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 - APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from February 5, 2024. Chairperson Isenberg asked for the motion to approve the Consent Agenda except for item A, Excused Absences. Commissioner Dugas made the motion to approve the minutes, Commissioner Fuertes seconded the motion. Motion passed 4-0. ITEMS REMOVED FROM THE CONSENT AGENDA Commissioner Fuertes made the motion to remove the excused absences from the consent agenda. CONSIDERATION AND POSSIBLE ACTION - EXCUSED ABSENCES Excuse the absence of Commissioner Jennifer Henrichs, Commissioner Brad Kuhn, and Commissioner Angela McCathran from the February 5, 2024, meeting. NEW BUSINESS Chairperson Isenberg read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP24-06. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 24-06 Public Hearing: A request by Salicia Grosse, applicant, on behalf of Charolette Mills, owner, for approval of a Conditional Use Permit (CUP) for a Beauty School within the Old Town -General Business-- (OT-GB) District, on approximately 0.1159 acres of land, to wit: Legal Description: The South 67.30 feet of Lots 8, 9, and 10, in Block 18, of Pearland Townsites, an addition to the City of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas. General Location: 2400 South Texas Avenue, Pearland, TX. Deputy Director Griggs presented the staff report with exhibits. Deputy Director Griggs stated that the Conditional Use Permit (CUP) is to allow a Beauty School within the Old Town -General Business (OT-GB) District and no public comments for or against the application have been received. Deputy Director Griggs stated that the CUP application meets all criterions of the Unified Development Code (UDC), and staff recommends approval. Applicant, Salicia Grosse at 8321 Broadway, Pearland, Texas 77581 was in attendance in -person in Council Chambers to answer any question for the P&Z Board. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Fuertes asked staff what caused the presence of the request. Deputy Director Griggs stated the OT-GB district requires a CUP application for a Beauty School. Commissioner Fuertes asked staff if there were other Beauty Schools in the area. Deputy Director Griggs was not aware of other Beauty Schools but stated that staff finds the use to be compatible in the district. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP24-06. Commissioner Fuertes made the motion to approve the CUP, Commissioner Dugas seconded the motion. Motion passed 4-0. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE24-01. CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION: ZONE 24-01 Public Hearing: A request by Drake Dominy, Pelican Builders and Andy Hall, Kimley-Horn and Associates, applicants, on behalf of CBL Pearland Town Center Op PropCo and Pearland Town Center LP, owners, for approval of amendments to the Pearland Town Center Planned Unit Development, on approximately 37.4604 acres of land, to wit: Legal Description: Being Lots 14, 15, 16 & Reserve C of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 2008005836 in the Official Records of Brazoria County, Texas. General Location: South Side of 11200 Broadway Street, Pearland, Texas. Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that staff received 104 written comments against the zone change and the property is currently zoned Sub -Area C for a multi -purpose event center. Planner II Bauer discussed the history of the Pearland Town Center Planned Unit Development (PUD), the denied Plan Development (PD) amendment in September 2021, and the two PD Workshops for this project in July and November of 2023. Planner II Bauer stated the proposed regulation deviation of the common open space requirement be met with off -site improvements to the Sub -Area F, the amenitized retention pond. Planner II Bauer stated that zone change meets all approval criteria of the UDC, and staff recommends approval. The applicant Drake Dominy, of Pelican Builders at 6154 Burgoyne Road, Houston, Texas 77057, and Ethan Harwell, of Kimley-Horn and Associates at 11233 Shadow Creek Parkway, Pearland, Texas 77584, were in attendance in Council Chambers to present to the P&Z Commission. Mr. Dominy discussed Pelican Builders' developments around the City of Houston and their goal to develop a project to complement the Pearland Town Center. Mr. Harwell discussed how they were seeking to develop a four-story multifamily facility as well as including amenities that not only benefited the site but the surrounding residents. Mr. Harwell stated that the multi -family building will consist of up to 400 units in three urban style buildings where the public will not see the inner workings of the site. Mr. Harwell stated the development will be 480 feet away from the single- family residents and the three buildings will be U-shaped. Mr. Harwell discussed the amenities offered at the complex, the improvements to the retention pond, and the study of the intersections as well as upgrading pedestrian connections within the area. Mr. Harwell stated that they are available for any further questions. Chairperson Isenberg called for public input. Resident, Mitzi Leatherwood at 11409 Harris Avenue, Pearland, Texas 77584, stated that she resides in the South Gate subdivision, was not in favor of the development, and her property backs up to the retention pond. Ms. Leatherwood stated her concerns that additional people would cause damage to the retention pond and how the wildlife there is important to the current residents. Ms. Leatherwood discussed her additional concerns regarding the retention pond not being an adequate buffer, drainage issues, and the loss of a calming and safe area. Resident, Calvin Reed at 11206 Dawson Road, Pearland, Texas 77584, stated that he is not in favor of the development, that he is a 20-year resident of Pearland, and is for growth and change in the area but not like this. Mr. Reed discussed his concerns about the additional traffic congestion, population in the area, and the noise with the added multi -family property. Mr. Reed stated that he was unaware of the project along with other residents in the area. Resident, Jonathan James at 11307 Harris, Pearland, Texas 77584, stated that he lives in the South Gate subdivision, is not in favor of multi -family development but is not opposed to progress or growth. Mr. James discussed his concerns about additional traffic congestion and that he feels the multi -family development will be detrimental to the area. Mr. James stated that if more people were aware of this development, they would be against it and proposed different uses to provide economic development that the community could utilize. Resident, Valerie Hobson at 11516 Rashell Way, Pearland, Texas 77584, stated she lives in the South Gate community and is the president of the Homeowners Association (HOA). Ms. Hobson stated she is representing the homeowners of South Gate and has numerous residents who state they are not in favor of the project. Ms. Hobson discussed the community's concerns about additional traffic congestion, lowering of their property value, the character of the multi -family residents, drainage, and the environmental loss of greenery. Ms. Hobson stated that they are in favor of an entertainment use and want it to remain the current zone. Resident, Melissa Flores at 3407 Kleberg Court, Pearland, Texas 77584, stated she no longer wanted to speak as the previous residents already stated her concerns. Resident, Brian Leatherwood at 11409 Harris Avenue, Pearland, Texas 77584, stated he has resided in the area for 15 years and feels if more residents were aware of the proposed development, they would be overwhelming against it. Mr. Leatherwood discussed his concerns about added traffic to an already congested area, infringement on the quality of life, and the Commission needs to consider all attributes. Mr. Leatherwood stated that this was not the best area for a multi -family development. There were no persons wishing to speak for or against the proposed request. Commissioner Fuertes discussed the background of the Pearland Town Center development. Commissioner Fuertes stated that the board is tasked with determining the highest and best use of parcels throughout the city. Commissioner Fuertes asked the applicant the approximate number of units and typical population at the development. Mr. Dominy responded that they are planning for 380 units with a 65/35 split of single bedroom to two -bedroom units. Commissioner Fuertes asked the applicant how many people you estimate for a one bedroom. Mr. Dominy responded that it's a 50/50 split between single residences and couples. Commissioner Fuertes asked the applicant how many people you estimate to be living in the complex. Mr. Dominy responded they are estimating close to 600 people. Commissioner Fuertes asked the applicant how many parking spaces they are providing. Mr. Dominy responded they are providing 630 parking spaces. Commissioner Fuertes stated that because of the walkability in the area residents of the development may not put their car back on the road because there are restaurants within walking distance therefore thus there could be less cars on the road. Commissioner Fuertes asked the applicant if road improvements are determined by the Traffic Impact Analysis (TIA) the cost would be your responsibility. Mr. Dominy responded, correct. Commissioner Fuertes discussed the building height restrictions within the City of Pearland and that the developer is not requesting to build to the maximum height. Commissioner Fuertes stated that the multi -family makes sense in this location and is in favor of the zone change. Commissioner Fuertes discussed the concern about the decrease of property values and how the project would not deter the value. Vice Chairperson Henrichs asked staff to clarify the current allowed use of the land. Deputy Director Griggs stated that it's currently Sub District-C and the PD would only allow entertainment or large-scale retail. Vice Chairperson Henrichs discussed that the property was always going to be developed and the public feedback from the Comprehensive Plan asked for more affordable housing in Pearland. Vice Chairperson Henrichs stated that the pond buffer is ideal, and she would not be in favor of the development against the property line. Vice Chairperson Henrichs discussed the traffic congestion in the area and the concern about drainage. Vice Chairperson Henrichs asked engineering about the requirements being .065 - .07-acre feet per acre for drainage. Assistant City Engineer Reyes stated yes, and that engineering is currently verifying that the retention pond is adequately sized for the updated design criteria. Assistant City Engineer Reyes stated that the property is not in the flood plain. Vice Chairperson Henrichs discussed how the land was always slated for development and that she is in favor of the development. Commissioner Dugas asked the applicant if there was only one access point into the complex or two. Mr. Harwell stated that there is one access on the left and one in the middle. Commissioner Dugas asked the applicant what the estimate monthly range of rent would be. Mr. Dominy responded between $1,300 and $2,300. Commissioner Dugas asked the applicant when will the TIA study be conducted. Mr. Harwell responded between the approval of the zone change and site development. Chairperson Isenberg stated that the City Council and P&Z were in favor of this development at the last workshop, and he was disappointed that the developer didn't reach out to discuss the development with the residents in the area. Chairperson Isenberg discussed the development possibilities of the property and that this is a high -end development designed to have little impact on the citizens as possible. Chairperson Isenberg stated that they think about how developments will affect the citizens and are in favor of the zone change. Mr. Dominy stated that they had a video call with the South Gate HOA Board on January 15th and provided a presentation showing a drone visual and a site plan of this development. Chairperson Isenberg gave special exception to hear response from Ms. Hobson, President of South Gate HOA. Ms. Hobson stated that the HOA board did in fact meet with Pelican Builders but not all board members were present, and they discussed their concerns about the project. Ms. Hobson stated that the board members present in the meeting were not in favor, and they needed time to reach out to the homeowners. Commissioner Fuertes asked staff that the workshop in November does not require notification to residents and the zone change application requires staff to notify residents within 200 feet of the project. Deputy Director Griggs stated that the Commissioner Fuertes is correct that the city is not required to give notice of the workshop other than the 72-hour notice. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Zone Change Application: Zone 24-01. Commissioner Dugas made the motion to approve the zone change application, and Commissioner Henrichs seconded the motion. Motion passed 4-0. Chairperson Isenberg read into the record the items on the amended Consent Agenda. Commissioner Fuertes made the motion for approval and Commissioner Dugas seconded the motion. CONSIDERATION AND POSSIBLE ACTION - EXCUSED ABSENCES Excuse the absence of Commissioner Jennifer Henrichs, Commissioner Brad Kuhn, and Commissioner Angela McCathran from the February 5, 2024, meeting. Chairperson Isenberg stated that Commissioner Boswell resigned. Chairperson Isenberg discussed the expectation of P&Z Meeting attendance and stressed that commissioners need to make it a priority to attend meetings, workshops, and committees. Chairperson Isenberg stated that the Commission needs a quorum of four to function and that it's important for all commissioners to attend. Chairperson Isenberg stated that the policy is three consecutive absences were grounds for dismissal from the Commission. Commissioner Fuertes stated that Commissioners did everything they could to attend the meetings and he will try to attend more meetings and joint committees. Commissioner Dugas stated that the citizens expect the city to function and can't when there is not a quorum. Vice Chairperson Henrichs asked staff what the City regulation says about attendance. Deputy City Attorney Provins stated that the Pearland Charter states that being absent three consecutive times without valid excuse is grounds for dismissal. Deputy City Attorney Provina stated that the P&Z Rules of Procedure state that the cause for removal is absence from three meetings without notice to the Chairperson within o twelve-month period. Vice Chairperson Henrioha stated that we just always excused the absences. Deputy City Attorney Provins stated that it's at the Chairperson's discretion todetermine what qualifies aaonUnnxcuoodabsence. Chairperson Isenberg asked staff for the attendance of the Commissioners for the past year. Director Wyly stated that Commissioner Dugaa has perfect attendance, Connnniaaiono[ MdCathran had four absences from May 2023 and seven absences from January 2023, Commissioner Kuhn has eight absences from March 2023, Vice Chairperson Henrichs has four absences from March 2023, Commissioner Fuertes was recused one time and two absences from March 2023, and Chairperson Isenberg has five absences from March 2023. Director Wyly stated that attendance is important. Commissioner Fuertes made the motion to excuse the absence of Vice Chairperson Henrichs and to not excuse the absences of Commissioner Kuhn and Commissioner McCathran from the February 5.2O24,meeting. Commissioner Ougas seconded the motion. Motion passed 4-0. DISCUSSION ITEMS 1. City Council Update Report: Deputy Director Griggs discussed that at City Counoi|'s regular meeting on February 12, 2024, Council approved the extension of CUP22-25 for the Assisted Living use within the Neighborhood Service (NG) District on Dixie Farm Road. 2. Commissioners Activity Report: Commissioner FU8rteSasked staff ifthe City Council started the interview process for the P&Z Commissioner vacancy. Deputy City Attorney Provins stated it was discussed at the last City Council Meeting and expect to be an appointment etthe next City Council meeting. 3. Next P&Z Regular Meeting: Maroh4. 2024 ADJOURNMENT Chairperson Isenberg adjourned the P&Z Regular meeting at 8:28 P.M. These minutes were respectfully submitted by: JenniferDon|wy. Executive Assistant Minutes approved aesubmitted and/or corrected unthis 4mday ofMarch 2024 � Y Derrell Isenberg, Plannipgl Zoning Chairperson