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2023-10-16 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING HELD IN-PERSON BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, OCTOBER 16, 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 6:30 P.M. In attendance were: P&Z Chairperson Derrell Isenberg P&Z Vice Chairperson Jennifer Henrichs P&Z Commissioner Brandon Dansby P&Z Commissioner Henry Fuertes P&Z Commissioner Brad Kuhn 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 Assistant Director Martin Griggs, Senior Planner Florence Buaku, 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 from the October 2, 2023 Meeting. Chairperson Isenberg read into the record the items on the Consent Agenda. Commissioner Dansby made the motion to approve, Commissioner Fuertes seconded the motion. Motion passed 5-0. NEW BUSINESS Chairperson Isenberg read into the record the items on Consideration and Possible Action —PLAT 23-100: Replat of Rehoboth Acres. CONSIDERATION AND POSSIBLE ACTION -PLAT 23-100: REPLAT OF REHOBOTH ACRES Public Hearing: A request by Brianna Hamilton, South Texas Survey, the applicant; on behalf of SW Broadway, LLC, owner; for approval of a partial replat of Rehoboth Acres, combining 3 lots into 1 lot on 8.8523 acres of land located at 2802 Broadway described to wit: Legal Description: A subdivision of 8.8523 Acres of land situated in the Thomas J Green Survey, Abstract No. 198, Brazoria County, Texas, Being Reserves A, B, and C, Block 1 of Rehoboth Acres, A Subdivision in Brazoria County, Texas according to the Map or Plat filed for Record in Volume 22, Page 85-86, Both of the Map Records in Volume 22, Page 85-86, Both of the Map Records of Brazoria County, Texas. General Location: 2802 Broadway Street. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that this replat is to combine 3 existing lots into 1 lot. Senior Planner Buaku stated that the replat conforms to all the criteria of the UDC for approval. Staff recommends approval. The applicant was not present. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. No further discussion from Staff, P&Z Commission or Public input. Chairperson Isenberg read into the record the items on Consideration and Possible Action —PLAT 23-100: Replat of Rehoboth Acres. Commissioner Fuertes made the motion to approve, Commissioner Kuhn seconded the motion. Motion passed 5-0. Commissioner Dansby recused himself from the meeting. Chairperson Isenberg read into the record the items on Consideration and Possible Action — Conditional Use Permit Application: CUP 23-16. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 23-16 Public Hearing: A request by Cesar Dominguez, applicant, on behalf of Bobby Orr, representing, Presidio Equities, LLC., owner, for approval of a Conditional Use Permit (CUP) for a Restaurant (With Drive-In and/or Drive-Thru Service) within the Light Industrial (M-1) District, on approximately 0.8278 acres of land, to wit: Legal Description: Lot 2, in Block 1, Minor Plat of Rice Drier Commercial Park No. 2, a subdivision in Brazoria County, Texas, according to the filed plat recorded in County Clerk's File No. 2023030527 in the Plat Records of Brazoria County, Texas. General Location: 1818 Main Street, Pearland, TX. Planner I Bauer presented the staff report with exhibits. 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 insubstantial conformance with materials as depicted in facade renderings. Owner Representative, Bobby Orr at 4601 Washington Avenue, Suite 220, Houston, Texas 77007,was in attendance in Council Chambers to present to the P&Z Commission. He stated the tract history and that he has enjoyed working with city and PEDC staff. Mr. Orr stated that he appreciates the city for providing regional detention for this area. He stated that they are working for an access agreement with the nearby businesses, and it will meet Texas Department of Transportation's specifications. Mr. Orr stated that his company has worked in the Houston area and in Pearland building developments. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Henrichs stated that she is in favor of the CUP with the recommended condition. Commissioner Fuertes stated that he is in favor of the CUP with the recommended condition due to the surrounding area. 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 23-16. Vice Chairperson Henrichs made the motion to approve with the staff recommended condition, Commissioner Kuhn seconded the motion. Motion passed 4-0. Commissioner Dansby rejoined the meeting. Chairperson Isenberg read into the record the items on Consideration and Possible Action — Conditional Use Permit Application: CUP 23-17. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 23-17 Public Hearing: A request by Reji Samuel, applicant, on behalf of ROL-EMI Ventures, LLC., owner, for approval of a Conditional Use Permit (CUP) for a Barber School within the General Business (GB) District, on approximately 1.8969 acres of land, to wit: Legal Description: Unrestricted Reserve 1, in Block 1, Final Plat of Country Place Plaza, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 24, Page 215 of the Plat Records of Brazoria County, Texas. General Location: 1801 Country Place Parkway Suite 115, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the CUP application conforms to all the criteria of the UDC for approval. Staff recommends approval. Business Owner, Edward Carter at 1801 Country Place Parkway, Suite 115, Pearland, Texas 77584, 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 Fuertes stated that he does frequent that shopping center often and thinks that this use will fit in with the character of the area. He stated that he would be in favor of this CUP application. Vice Chairperson Henrichs, Commissioner Dansby and Commissioner Kuhn stated that they would be in favor of this CUP application. 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 23-17. 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 — Conditional Use Permit Application: CUP 23-18. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 23-18 Public Hearing: A request by Yasin Ansari, applicant, on behalf of South Texas Educational Technologies, owner, for approval of a Conditional Use Permit (CUP) to deviate from the transparency requirements within the Old Town-General Business (OT-GB) District, on approximately 3.84 acres of land, to wit: Legal Description: Unrestricted Reserve"A"of Alvin Community College Pearland Campus Plat, a subdivision in Brazoria County,Texas, according to the filed plat recorded in County Clerk's File No. 2016010752 in the Plat Records of Brazoria County, Texas. General Location: 2319 North Grand Boulevard, Pearland, TX. Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs explained section 2.4.3.4(c)(7)of the UDC that pertains to this CUP application. Assistant Director Griggs stated that the CUP application conforms to all the criteria of the UDC for approval. Staff recommends approval. Applicant, Yasin Ansari at 2401 Emma Drive, 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. Resident, Wayne Jones at 2237 North Park Avenue, Pearland, Texas 77581, He stated that he lives in the residential area to the north of this property. Mr. Jones asked if the little red building on the corner will be torn down. He stated that he asked Mayor Cole that question and he stated that nothing would be torn down. Mr. Jones stated that the pictures shown during the staff report show that it will have to be torn down. He asked which side of the gymnasium the windows will be on and if they will be on Park Avenue. Vice Chairperson Henrichs asked staff which direction the windows from the gymnasium will face. Assistant Director Griggs showed the site plan and the proposed elevation along Broadway Street. Vice Chairperson Henrichs asked staff if the existing building would be demolished. Assistant Director Griggs stated that the applicant has stated that they do want to remove the existing building. Vice Chairperson Henrichs asked if there would be any windows located on the Park Avenue side. Planner I Bauer stated that the applicant is still working on elevations, but Park Avenue is a public street so they would be required to follow the deviations requested through this CUP. Planner I Bauer stated that the stands are supposed to be located on that side, so they probably will not have storefront windows on that side due to the stands. Commissioner Dansby asked if the building being torn down is a historical building. Assistant Director Griggs stated that the whole building is considered historical and has a local historical marker on the front of the building. Mr. Ansari stated that they are not tearing down a historical building, just the small building that is currently being used for storage. He stated that the school currently has 450 students and there is nowhere for them to play, and they need this gymnasium for UIL. Commissioner Dansby and Mr. Ansari confirmed which building will be removed. Deputy City Attorney Provins stated that it is possible to approve the CUP with the condition that if the building is considered a historical building that the CUP is not approved. Commissioner Fuertes stated that he would like to define the term historical building. Deputy City Attorney Provins stated that in 1999 some buildings in Old Townsite by the Texas Historic Landmark, but it could be verified prior to the City Council Meeting. 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 23-18. Vice Chairperson Henrichs made the motion to approve the CUP with the condition to not approve the CUP if a historically designated building will be torn down during the construction process, Commissioner Dansby seconded the motion. Motion passed 5-0. DISCUSSION ITEMS 1. City Council Update Report: Presented by Assistant Director Griggs. Assistant Director Griggs stated that at the October 9, 2023, City Council Regular Meeting, City Council approved the CUP application at 4300 Rice Drier Road, Suite 130 for CAT Expansion with the recommended conditions (CUP 23-15) with a vote of 7-0. 2. Commissioners Activity Report: None. 3. Next P&Z Regular Meeting: November 6, 2023 ADJOURNMENT Chairperson Isenberg adjourned the P&Z Regular meeting at 7:16 P.M. These minutes were respectfully submitted by: Shelby Lowo Administrative Assistant Minutes approved as submitted and/or corrected on this 6th day of November 2023, A.D. Derrell Isenberg, Planning &264g Chairperson