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2024-02-05 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 5, 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 6:34 P.M. In attendance were: P&Z Chairperson Darrell Isenberg P&Z Commissioner Ashlee Boswell 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, Senior Planner Florence Buaku, 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 - EXCUSED ABSENCES Excuse the absence of, Commissioner Ashlee Boswell, Commissioner Henry Fuertes, and Commissioner Angela McCathran from the January 16, 2024, meeting. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from January 16, 2024. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-139: PRELIMINARY PLAT OF MODERN GREEN IVY TOWNHOMES A request of Adam Clent, LJA Engineering, the applicant; on behalf of WB Ivy District, LLC owner; for approval of the Preliminary Plat of Modern Green Ivy District Townhomes creating 46 townhome lots and 8 reserves, on 5.288 acres to wit: Legal Description: A Subdivision of 5.288 acres of land situated in the James Hamilton Survey, Abstract 881, City of Pearland, Harris County, Texas; also, being a replat of all of Tract "4", Block 4 of Modern Green Ivy District, as recorded in film code No. 6902400, H.C.M.R. and Document No. 2019061536, B.C.O.R. General Location: Southeast Corner of Modern Green Ivy Drive and Promenade Shops Drive. Chairperson Isenberg read into the record the items on the Consent Agenda. Commissioner Fuertes made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 4-0 NEW BUSINESS Chairperson Isenberg read into the record the item on Consideration and Possible Action — Final PLAT 24-07: Final Plat of Pearland ROW Houses and Bungalows. CONSIDERATION AND POSSIBLE ACTION - PLAT 24-07: FINAL PLAT OF PEARLAND ROW HOUSES AND BUNGALOWS A request by Patrick Lane, LJA Engineering, on behalf of Sullivan Brothers Builders, LTD, owner; to approve the Final Plat of Pearland Row Houses and Bungalows, creating 58 lots and 3 blocks described to wit: Legal Description: A Subdivision of 5.593 Acres of Land situated in the TJ Green Survey, Abstract 290, City of Pearland, Brazoria County, Texas, being all of Lots 18-42, Block 24, All of Lots 17-48, Block 25, and all of Lots 4-10, Block 27, Pearland Townsite, A subdivision recorded in Volume 29, Page 41, Brazoria County Deed Records. General Location: South of Broadway St, West of Galveston Avenue. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the final plat creates 58 lots varying in size and is part of the Old Townsite Development that was approved a couple of years ago. Senior Planner Buaku stated the intent is to develop row houses which is in line with the future land use designation at the site. Senior Planner Buaku stated the final plat meets all the relevant City codes and corrections to the plat have been made to satisfy the preliminary plat conditions. Senior Planner Buaku stated that it meets all criterions of the Unified Development Code (UDC), and staff recommends approval. Applicant representing LJA Engineering at 3600 West Sam Houston Parkway S, Suite 600, Houston, Texas 77546, 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. Chairperson Isenberg stated he has seen the project quite a few times and was glad to finally see it get to this stage. 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 — Final PLAT 24-07: Final Plat of Pearland ROW Houses and Bungalows. Commissioner Boswell made the motion to approve the final plat, Commissioner Dugas seconded the motion. Motion passed 4-0. Chairperson Isenberg read into the record the item on Consideration and Possible Action — VARP 23-21: Variance from the Maximum 3:1 Lot Depth to Lot with Ratio in the General Commercial (GC) District. CONSIDERATION AND POSSIBLE ACTION - VARP 23-21: VARIANCE FROM THE MAXIMUM 3:1 LOT DEPTH TO LOT WIDTH RATIO IN THE GENERAL COMMERCIAL (GC) DISTRICT A request by Donna Eckels of PRO-SURV, the applicant; on behalf of Fast and Loud LLC and Horizon, Outdoor Construction INC, owners; for approval of a Variance Permitted in Section 2.6.1.1 (b)(1) of the Unified Development Code, Ordinance No. 2000-T, from Section 3.2.14.2 (c) to allow the creation of 2 lots one of which exceeds the maximum 3 to 1 Lot Depth to Lot Width Ratio in the Minor plat of Horizon Outdoor Fast and Loud subdivision described to wit: Legal Description: A Subdivision Of 7.6419 (Called 7.6437 Acres), Situated in the East 1/2 Of Lots 50 & 52, Allison Richey Gulf Coast Home Company Subdivision of Section 6, H.T.& B.R.R. Company Survey, Abstract 544, Brazoria County, Texas. General Location: 5903 Broadway, Pearland. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the lot yields a ratio of 4.82:1 which exceeds the 3:1 maximum ratio. Senior Planner Buaku discussed that the lot intent is for commercial use and there are current structures on the property, meets the General Commercial (GC) district requirements, and will not negatively impacts of the adjacent property uses. Senior Planner Buaku stated that it meets all criteria except numbers three and six of the UDC for approval, and staff recommends approval. The applicant was not in attendance. Senior Planner Buaku stated that staff received a phone call from the applicant stating they would not be able to attend the meeting. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Fuertes stated with the UDC changes he recommends 3:1 lot depth be handled at the staff level and when staff doesn't approve bringing the variance request to the P&Z Commission. Commissioner Boswell stated she agrees and asked if there was something in the UDC that prevents this action. Deputy City Attorney Provins stated yes there may be, there was one case that had been denied and a condition was added to restrict development due to the fire department having adequate access to the property. Deputy City Attorney Provins stated that because it's a variance to a standard staff is required to send out notices for public comment and a variance always requires public hearing prior to approval. Commissioner Fuertes asked staff that perhaps the rule itself needs to be questioned or be rewritten per the fire apparatus. Deputy City Attorney Provins replied that it's allowed for majority of instances unless and that's when it becomes a variance application. Chairperson Isenberg stated that he wished they would have been in attendance. Deputy Directory Griggs stated that the applicant had issue that came up which didn't allow them to be in attendance and the applicant & owner are invested in the property. 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 — VARP 23-21: Variance from the Maximum 3:1 Lot Depth to Lot with Ratio in the General Commercial (GC) District. Commissioner Boswell made the motion to approve the variance, 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: Zone 23-16. CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION: ZONE 23-16 Public Hearing: A request by Mona Malone, applicant, on behalf of JKM5 Liberty LLC., owner, for approval of a zone change for 6.309 acres of land from Single -Family Residential-2 (R-2) District to Neighborhood Service (NS) District, to wit: Legal Description: Parcel 1: Being a tract or parcel containing 4.190 acres of land situated in the W.D.0 Hall Survey, Abstract Number 70, Harris County, Texas; being out of a called 8.031-acre tract of land conveyed to Golden Rule Services Inc. as described by deed recorded under Brazoria County Clerk's File (B.C.C.F) Number 2011023182. Parcel 2: Being a tract or parcel containing 2.119 acres of land situated in the W.D.0 Hall Survey, Abstract Number 70, Harris County, Texas; being out of a called 8.031-acre tract of land conveyed to Golden Rule Services Inc. as described by deed recorded under Brazoria County Clerk's File (B.C.C.F) Number 2011023182. General Location: 3801 Liberty Drive, Pearland, Texas. Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated the current zone of the property is Single -Family Residential-2 (R-2) District and the future land use is medium density residential designation. Planner II Bauer stated that staff have not received public comments in favor of the request. Planner II Bauer stated there was a Conditional Use Permit (CUP) approved by the City Council in 2011 for an Institution of Religious, Educational or Philanthropic Nature to occupy the site. Planner II Bauer discussed that the zone change to NS District is not compatible with the designation of medium density residential but meets the remaining review criteria. Planner II Bauer stated that the zone change request meets two out of the four criterions of the UDC for approval. Planner II Bauer discussed that the zone change to the NS District may be appropriate for the uses proposed by the applicant, but since the building and future users are unknown and compatibility with adjacent neighbors a lesser zoning will be more suitable for the area. Planner II Bauer stated staff are unable to fully recommend the NS district and recommend Office Professional (OP) District for the property with the following condition: 1. Prior to the second reading of the proposed ordinance, the property owner shall provide evidence or proof that all taxes and obligations have been paid regarding the subject property. Applicant, Mona Malone representing owner Jerome Karam of JKM5 Liberty LLC. at 4303 Waterfall Cove, Pasadena, Texas 88505, was in attendance in Council Chambers to present to the P&Z Commission. Ms. Malone stated the zone change was confusing but the owner plans to continue to use the property to house non-profit adult and child daycare facilities. She discussed that a third day care is requesting to use the second floor of the property. Ms. Malone stated that the owner would not like to limit the use of the property to non-profit businesses. Ms. Malone stated they want to beautify the property, maintain it, and bring it into compliance with the zone change. She stated that the owner is here for additional questions from the P&Z Commission. Chairperson Isenberg called for public input. Resident, James Vrazel at 2504 Stacey Drive, Pearland, Texas 77581, stated that he was opposed to any zone changes with the property and requested that it remain Single Family Residential (R-2) District. Resident, Richard Malish at 2418 Parkview, Pearland, Texas 77581, stated he could not say if he was in favor or against the zone change. Mr. Malish stated that his concern is due to the future use and increased traffic in the area. He stated that he is in favor of the daycare type business but is looking toward the commission to protect the adjacent neighborhood. There were no further persons wishing to speak for or against the proposed request. Commissioner Fuertes stated that the applicant applied for NS District and staff believes OP District may be more appropriate. Commissioner Fuertes asked staff which uses in the NS District gives you an issue to prefer recommending the OP District zone. Deputy Director Griggs discussed that the handouts provided to the P&Z Commission are available to the public online and lists what is allowed in each of the zoning districts. Deputy Director Griggs stated that the biggest differences between NS and OP is the availability of cooking and delivery of food. Deputy Director Griggs explained that NS allows the preparation of food where OP limits it to office type uses and is non -intrusive on every level. Commissioner Boswell stated that she appreciated the citizens' concerns about the possible zone change and she is not concerned with the intent of the applicant but the change in zone and having the right to do whatever the new zone entails. Deputy Director Griggs stated the OP zone limits daycare to cooking only for the patrons of the daycare. Commissioner Boswell asked staff if they were able to proceed with the daycare with the proposed zoning of the OP. Deputy Director Griggs stated yes. Commissioner Boswell stated she agrees with the staff's recommendation of OP district for the property. Deputy Director Griggs explained the zone change process. Applicant, Ms. Malone stated that they were surprised at the OP recommendation and since the uses are allowed the applicant would be fine to proceed. Ms. Malone discussed that owner Jerome Karam is a major developer in our area that revamps structures to bring them back up and running for the city and community's benefit. Chairperson Isenberg asked owner Mr. Karam if he had plans to expand the buildings or leave them as is. Mr. Karam stated he would be renovating the upstairs portion of the building and grounds. Commissioner Dugas asked Mr. Karam if the second floor is built out yet. Mr. Karam stated that it's empty and he will bring it up to current standards and code. Deputy City Attorney Provins discussed the daycare use would not fall under the current special use permit of a philanthropic use. Deputy Director Griggs stated that both the OP and NS districts allow a CUP application and would need to be further approved by City Council for the business child daycare center. Deputy City Attorney Provins stated that the CUP application wouldn't have to come in for the existing daycares because of the philanthropic use. Deputy Director Griggs stated the philanthropic use becomes a by right issue when the zoning becomes either NS or OP district. Deputy City Attorney Provins stated to the Commissioners that the zone change is only for the new use of for -profit daycare and the difference between NS and OP is the ability to provide food in the area. Commissioner Fuertes stated that OP zoning district would help the citizens who spoke in opposition of the NS zone district and that either one of the zoning districts the applicant would still need come back for the childcare use. Deputy Director Griggs stated that was correct. The owner, Mr. Karam, asked staff if they would come back to the P&Z Commission or City Council. Commissioner Fuertes stated the P&Z Commission would hear the CUP request first then it goes to Council for a first and second reading. Deputy City Attorney Provins stated the CUPs are done in one reading and traditionally could be resolved in 45 days. Deput City Attorney Provins stated that the public will be notified of the CUP application, it would be heard by the P&Z Commission, and then presented to City Council for one reading. Commissioner Isenberg stated that he appreciated the applicant coming out and with a zone changed they are held to the zone uses once approved. 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 23-16. Commissioner Fuertes made the motion to amend the current motion and change the zone designation to the OP District instead of the NS District. Commissioner Dugas seconded the motion. Amended motion passed 4-0. Chairperson Isenberg call for the vote on the amended motion. Motion passed 4-0. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Conditional use Permit Application: CUP 24-01. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 24-01 Public Hearing: A request by Czarina O. Schocker, applicant, on behalf of Pearland Office Center LLC., owner, for approval of a Conditional Use Permit (CUP) for a Studio or Learning Center for Fine or Performing Arts within the Business Park-288 (BP-288) District, on approximately 30.715 acres of land, to wit: Legal Description: Lot 1, in Block 1, Minor Plat Pearland Office Park, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk's File No. 2018021087 in the Plat Records of Brazoria County, Texas. General Location: 2743 Smith Ranch Road Unit 1501, Pearland, Texas Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the Conditional Use Permit (CUP) is a music studio for learning and staff has not received public comments for or against the proposed CUP. Planner II Bauer discussed that the CUP meets all seven of the review criteria, is consistent with the Comprehensive Plan, and staff recommends approval of the requested CUP. Applicant, Czarina O. Schocker at 2743 Smith Ranch Road, Unit 1501, Pearland, Texas 77377, was in attendance in Council Chambers to present to the P&Z Commission. Ms. Schocker discussed her background and how music impacts the development of a child and their families. She described the music therapy that would be offered on the property and the positive results of her clients. Ms. Schocker stated she is here to answer any additional questions. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Fuertes stated that he was in favor of the proposed CUP and appreciated Ms. 8ohocknrfor opening her business in Peadond. Commissioner Boswell stated that she was in favor of the CUP application, loved mvendhinQ, and wished the applicant the beat of luck. Commissioner DuQoe stated that he is very innpnawoed of what Ms. GChocker is doing and it is amazing the type nfsupport she has already built. 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: CUP 24-01. Commissioner Boswell made the motion to approve the conditional use Permit Application, Commissioner Dugas seconded the motion. Motion passed 4-0. DISCUSSION ITEMS 1. {}hv Council Update Report: Deputy Director Griggs stated there were no planning and zoning items presented edthe previous City Council meeting. 2. Commissioners Activity Report: Commissioner Fuertes welcomed back Commissioner Boswell. Commissioner Fuert8G asked staff ifthe Modern Green Ivy, G multi -family c0nOp8Ct nmeidmnoe, is going to happen. Deputy City Attorney Prnvina stated that it would bwonupcoming item onthe P&Zagenda and since the issue iaunder consideration itcannot bediscussed atthis time. 3. City COUnCi|—P&Z P[) Joint Workshop: February 12, 2024, 5:00 p0 Next P&Z Regular Meeting: February 19' 2024 ADJOURNMENT Chairperson Isenberg adjourned the P&Z Regular meeting at 7:49 P.M. These minutes were respectfully submitted by: � 9 Jennifer Oon|ey.Executive Assistant ~� � Minutes approved as submitted end/or corrected on this 19m day of February 2024 u�. Derrell|snnborO. Planning ��"ning Chairperson