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2024-04-01 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, MONDAY, APRIL 1, 2024, AT 6:30 PM IN COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Derrell Isenberg opened the meeting for the P&Z Regular Meeting at 6:32 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 P&Z Commissioner Angela McCathran P&Z Commissioner Brad Kuhn P&Z Commissioner John McDonald 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, 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 March 18, 2024. Chairperson Isenberg asked for the motion to approve the Consent Agenda. Commissioner Henrichs made the motion to approve the consent agenda, Commissioner McCathran seconded the motion. Motion passed 7-0. ITEMS REMOVED FROM THE CONSENT AGENDA NEW BUSINESS Chairperson Isenberg read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-03. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 24-03 Public Hearing: A request by Mona Malone, applicant, on behalf of Jerome Karam, owner, for approval of a Conditional Use Permit (CUP) for a Child Day Care Center (Business) use within the Office & Professional (OP) District, on approximately 6.309 acres of land, 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. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku discussed that the Conditional Use Permit (CUP) is for a child daycare business use located on the second floor of the Golden Rule Services adult daycare within the Office & Professional (OP) District. Senior Planner Buaku stated that staff has not received public comments for or against the proposal and the applicant requested the CUP to include the entire property. Senior Planner Buaku stated that the CUP application meets all criteria of the Unified Development Code (UDC), and staff recommends approval. Applicant, Mona Malone at 4303 Waterfall Cove, Pasadena, Texas 77081, was in attendance in - person in Council Chambers to present to the P&Z Board. Ms. Malone stated the CUP is consistent with the uses of the building and requested the CUP cover the entire property. Ms. Malone stated the owner will make significant improvements to the building, installation of elevator, additional parking, and there would be no expansion on the property. Ms. Malone stated that she is present for any further questions from the P&Z Commission. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner McDonald asked staff about their concerns with additional traffic and the impact on the neighborhood during the daycare's peak hours. Deputy Director Griggs responded that the non-residential use would require site improvements and during the development review process traffic will be addressed by engineering. Deputy Director Griggs stated that Assistant City Engineer Reyes will need to address improvements to John Lizer Road. Assistant City Engineer Reyes stated that engineering will request a Traffic Impact worksheet to determine the need of a Traffic Impact Analysis (TIA) for the addition of the business. Deputy Director Griggs stated that it may designate alternate opening times to reduce traffic on John Lizer Road. Deputy Director Griggs stated that the applicant requested the CUP be for the entire site and the Commission only approved for the single building that there would be an amendment required. Deputy City Attorney Provens asked staff if the public hearing notice included the entire site. Deputy Director Griggs stated the owner notification was the same legal description. Deputy City Attorney Provens stated you make a motion to amend to include the entire property. Commissioner Dugas asked staff if it would include everything except building A because the total property is 8 acres. Deputy Director Griggs stated that it was just for the commercially zoned 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 — Conditional Use Permit Application: CUP 24-03. Commissioner Fuertes made the motion to approve the CUP, Commissioner Kuhn seconded the motion. Commissioner Fuertes made the amendment to the original motion to include the additional acreage to allow flexibility within the two existing buildings zone OP to include the CUP, and Commissioner Kuhn seconded the motion. Motion passed 7-0. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-10. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION CUP 24-10 Public Hearing: A request by Vincent Gerard & Associates, applicant, on behalf of Bill & Nancy Williams, owner, for approval of a Conditional Use Permit (CUP) to replace an existing wireless communications tower with a hundred and fifty feet (150') tall wireless communications tower within the Light Industrial (M-1) District, on approximately 9.140 acres of land, to wit: Legal Description: Being a 9.140-acre (358,154.94 square feet) tract of land situated in the ACH&B Survey, Section No. 1, Abstract No. 147, being all of a called 9.1404 acres, described in deed to Bill E. Williams & Nancy C. Williams, Trustees, recorded in Instrument No. 2015040910, Deed Records, Brazoria County, Texas. General Location: 3326 South Main Street, Pearland, Texas. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that CUP was to replace an existing 140-foot-tall wireless communications tower with a 150-foot-tall wireless communications tower within the Light Industrial (M-1) District. Senior Planner Buaku stated staff has not received public comments for or against the application. Senior Planner Buaku discussed the screen at the base of the tower, landscaping on the property, and the driveway. Senior Planner Buaku stated that the CUP meets all criteria of the UDC, and staff recommends approval. Applicant, Vincent Gerard at 1705 Carlotta Lane, Austin, Texas 78733, was in attendance in - person in Council Chambers to present to the P&Z Board. Mr. Gerard stated the tower was provided by AT&T and Dish, there would be a masonry wall at the bottom of the tower with landscaping and a driveway with a turn around. Mr. Gerard stated he is present for any additional questions from the P&Z Board. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner McDonald discussed the replacement of other communication towers and suggested that staff investigate the maximum height of these towers in the future. Commissioner Fuertes discussed that in the past they monitored cell towers closely and asked them to co -locate the towers. Commissioner Fuertes asked the applicant if AT&T reception is improving in the area. Mr. Gerard stated yes. Chairperson Isenberg stated that we have become to be dependent upon technology and will need to investigate the height regulations that may require towers to be higher for better reception. 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 24-10. Commissioner Dugas made the motion to approve the CUP and Vice Chairperson Henrichs seconded the motion. Motion passed 7-0. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-11. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 24-11 Public Hearing: A request by Alan Mueller, applicant, on behalf of MMSN Enterprise of Texas #2, LLC., represented by Nick Motamedi, owner, for approval of a Conditional Use Permit (CUP) for a Gasoline Station use within the General Business (GB) District, on approximately 2.1804 acres of land, to wit: Legal Description: 2.1804 acres or 94,978 square feet of land being part of Lot 31, Section 10, of the Allison Richey Gulf Coast Home Company Subdivision recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. General Location: Northwest Corner of McHard Road and Max Road, Pearland, Texas. Commissioner Fuertes recused himself from the meeting. Deputy Director Griggs presented the staff report with exhibits. Deputy Director Griggs stated the CUP was for a gasoline station use within the General Business (GB) District and staff has not received public comment. Deputy Director Griggs discussed the proposed convenience store and a retail space would be located on the property and are permitted in the GB District. Deputy Director Griggs discussed the vision for McHard Road to remain as a relief for Broadway Street and two other gasoline stations provide adequate access for the community. Deputy Director Griggs stated that the CUP meets five out of the seven criteria of the UDC for approval, and staff recommends denial because it is not compatible with the future land use and the adjacent low - density single-family residential uses. Deputy Director Griggs stated that if the Commission recommends approval, then staff recommends the following conditions be added: 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. Applicant, Alan Mueller at 1408 Bentlake Lane Pearland, Texas 77581, was in attendance in Council Chambers to present to the P&Z Board. Mr. Muller described the limitations of the property, the amenities of the building, and the convenience store and retail space being allowed in the General Business (GB) District. Mr. Mueller discussed the gas station density within the City of Pearland. Mr. Mueller stated that the gas station and retail stores will be a convenience to the area residents and will divert traffic off 518 which was the purpose of McHard Road. Mr. Mueller mentioned that the gas station will not change the neighborhood that building McHard Road changed the neighborhood, and the gasoline station overtime would not be an intrusion to the neighborhood. Chairperson Isenberg called for public input. Resident, Sonia Serrano at 1714 Max Road Pearland, Texas 77581, stated that she was not in favor of the gas station and retail space due to safety of her family and property because of the increased crime the business would bring. Resident, David Serrano at 1708 Max Road Pearland, Texas 77581, stated that he was not in favor of the gasoline station due to gasoline chemicals, groundwater pollution, the negative impact of property value, and safety of the residents in the area. Resident, Casandra Serrano at 1710 Max Road Pearland, Texas 77581, stated she was not in favor of the gasoline station and convenience store because of gasoline chemicals, groundwater pollution, increased crime, and fire risk. Resident, Richard Everett, Jr. at 1709 Max Road Pearland, Texas 77581, stated he was not in favor of the gasoline station and convenience store due to groundwater pollution, increased crime, and other gasoline stations in proximity of the area. Landowner, Tommy Coler at 4994 FM 2403 Alvin, Texas 77511, stated he owns property on the north side and was not in favor of the gasoline station and convenience store due to increased crime and contamination of the well water. Vice Chairperson Henrichs asked staff to show the flood plain map. Commissioner McDonald asked the applicant if they spoke to the residents in the area. Applicant, Mr. Coller stated no. Commissioner McDonald discussed that McHard Road was built as a relief valve not a commercial corridor, the gas station density within Pearland, the residential needs of gas stations, and the gas station being the right use of the property. Commissioner McCathran stated that she is not in favor of the CUP and the additional gasoline stations impact the integrity of the community. Commissioner Dugas discussed the renderings of the building stating that they were nice. Commissioner Dugas stated his concern for the shape of the property and what alternatives could be developed on the property. Chairperson Isenberg discussed the commission's responsibility, the rights of the landowner, and the purpose of McHard Road. Vice Chairperson Henrichs asked staff what the Texas Commission on Environmental Quality (TCEQ) minimum distance requirement for a gasoline storage tank to a water well. The applicant, Mr. Coller stated that he believed the distance to be one hundred feet (100') to a well based on the owner's other properties and one hundred and fifty (150') to a septic tank. Deputy City Attorney Provins stated since the board expressed that density may be an issue, one week ago City Council approved an extension for the gasoline station CUP application on the corner of Mykawa and McHard Road and P&Z cannot grant a variance of driveway separation. Commissioner McDonald asked staff if there is landscaping other than the rendering. Deputy Director Griggs stated the only landscaping is from the rendering and that McHard Road is already Corridor Overlay District and that this site would be required to meet those standards. Deputy City Attorney Provins discussed that he does not know the separation requirements of TCEQ or Texas Administrative Code (TAC) and the commission can add a condition for the separation to be 150 feet or require a survey that identifies the storage tank location. Commissioner McDonald asked the applicant what the proposed hours of operation of the gasoline station would be. Applicant, Mr. Coller stated 6 am to 12 am due to weekends. Chairperson Isenberg asked if the gasoline pumps were open twenty- four hours. Applicant, Mr. Coller stated the gasoline pumps are only open when the convenience store is open. 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 24-11. Commissioner Kuhn made the motion to approve the CUP and Commissioner Dugas seconded the motion. Commissioner McDonald proposed an amendment to the motion to approve with staff conditions presented by staff, the landscaping trees be increased by 50% on all three sides of the property, the operating hours be limited to 6:00 am — 11:00 pm Monday — Thursday and 6:00 am — 12:00 am Friday — Sunday, and they meet all TCEQ requirements. Commissioner Kuhn seconded the amended motion. Amendment motion passed 4-2. Commissioner Henrichs and McCathran voting against. Chairperson Isenberg called for a vote on the amended motion. Motion tied 3-3, which is considered a negative recommendation for the approval of the CUP. Commissioners Isenberg, Henrichs, and McCathran voting against. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-12. CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 24-12 Public Hearing: A request by James Ramirez, applicant, on behalf of Shauntel Barnett Russell, owner, for approval of a Conditional Use Permit (CUP) for an Auto Repair (Major) use within the General Commercial (GC) District, on approximately 2.793 acres of land, to wit: Legal Description: 2.793-acre tract of land being a part of Lots 3, 4 and 5 of the George W. Jenkins Subdivision, recorded in Volume 2, Page 20, of the Plat Records of Brazoria County, Texas. General Location: 1415 Broadway Street, Pearland, Texas. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku discussed that the CUP is for a major Auto Repair shop in the General Commercial (GC) District that consists of three buildings to be used for office, a paint shop, and a body shop. Senior Planner Buaku stated staff had received four public comments in favor of the proposed CUP. Senior Planner Buaku stated the Auto Repair use meets the UDC criteria for approval, and staff recommends approval with the following conditions: 1. The facade facing Broadway Street shall be brought into compliance with the facade requirements of the Corridor Overlay District (COD) (transparency, articulation, COD color palette). 2. A landscaping area shall be provided along Broadway Street that is outside of any minimum required fire lane or drive aisle. 3. The existing barbed wire fencing shall be removed from the property. Applicant, James Ramirez at 5715 Medway Harbor Lane, Sugarland, Texas 77479, was in attendance in -person in Council Chambers to present to the P&Z Board. Mr. Ramirez discussed that they are proposing to put a collision repair facility on the property. Mr. Ramirez stated they specialize in BMW and Mercedes and have already been preliminary approved by Clear Lake BMW and Mercedes. Mr. Ramirez stated that they were asked by BMW North America to put a collision facility in this general area. Mr. Ramirez stated that he is present for any further questions. Chairperson Isenberg called for public input. Resident, Diana Townsend at 1411 Broadway Pearland, Texas 77581, stated that she owns the Music Factory next door to the proposed Auto Repair shop and is concerned about her customers having to see the damaged vehicles. Ms. Townsend requested a privacy fence between the two properties. Vice Chairperson Henrichs discussed that the buildings were built before we had any drainage and asked staff when they were built. Deputy Director Griggs stated the buildings were constructed between 1983 and 1992 and because there are no additional buildings being proposed additional drainage is not required. Vice Chairperson Henrichs asked the applicant how they plan to control contamination of stormwater. The applicant, Mr. Ramirez, stated that they must contain paint in fire boxes, they have oil water separators, and use absorbent material for auto fluids. Vice Chairperson Henrichs asked Mr. Ramirez if it floods how will you prevent contamination. Mr. Ramirez responded they have sealed containment barrels that are lifted off the ground and the previous owner stated it did not flood during Hurricane Harvey. Deputy City Attorney Provins asked for clarification from Vice Chairperson Henrichs of her concern about stormwater contamination. Vice Chairperson Henrichs stated that she wants to know what measures they will be taking to prevent the contamination. Mr. Ramirez stated that they use grit traps. Vice Chairperson Henrichs asked staff what condition would they recommend. Assistant City Engineer Reyes stated that without a Topographic survey it's hard to determine but he recommended a Topographic survey and suggested to reach out to Texas Department of Transportation (TXDOT) to allow a portion of the drainage to run through them. Deputy City Attorney Provins stated that if the commission is so inclined to include the applicant to demonstrate that runoff will not be negatively affecting stormwater caused by a change in use. Mr. Ramirez stated that they consulted with TXDOT, and they stated since they were not changing ownership of the property TXDOT has no additional requirements. Vice Chairperson Henrichs stated they do not look at the environmental aspect of the property. Director Wyly asked the applicant what their protocol is if a vehicle comes into the shop, and it does leak. Mr. Ramirez replied they use oil absorbing material to clean up the fluid and dispose of it properly. Commissioner McDonald asked staff if it would be appropriate to require a plat as a condition so the city could better understand the non -conformities that exist on the property. Deputy City Attorney Provins stated that he has not heard anything that would require a plat as currently outlined and theoretically you could require a condition the property be platted but it is not current a condition of the CUP. Commissioner Fuertes stated that he is concerned with the visual appearance of wrecked vehicles on the property from the street. Mr. Ramirez stated that they are required by the manufacturer to keep the wrecked cars out of the sight of the customers, and they will put a black mesh fence to screen views. Commissioner Fuertes asked staff if they are allowed to have a chain link fence with a black mesh in this area. Deputy Director Griggs stated that staff previously meet with the applicant to go over the Corridor Overlay District standards, that the front portion of the fencing would need to be a decorative fence, the side of the property can be a chain link fence, the site plan does not display the fire lanes that are required to be wrapped around providing access for emergency services and that will prevent any vehicles being stored on that side. Deputy City Attorney Provino stated that a chain link fence is eUovved, and the applicant has a requirement from the manufacturer to use a privacy fence. Commissioner Fuertes stated that he would like to ask for staff's conditions and add an approved privacy fence for the adjacent properties. 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 24-12. Commissioner Dugas made the motion to approve the CUP and Commissioner McDonald seconded the motion. Deputy City Attorney Provins suggested the amended motion to include the staff's conditions one through three as displayed in the applicant packet, the fencing on the side yards include privacy fencing as approved by the City of Pearland in accordance with its codes, that the applicant demonstrate that the proposed change of use will not negatively affect stormwater runoff. Commissioner Dugas approved the motion and Commissioner McDonald seconded the motion. Motion passed 7-0. DISCUSSION ITEMS 1. City Council Update Report: Deputy Director Griggs discussed that at City Counni|'e regular meeting on March 25, 2024, Council approved CUP24-07 for expansion of a ChurchuaavvithintheNeighbnrhondServico(NS)Oistrict|noatadatHarkeyRuad. Deputy Director Griggs state Council approved the extension request of CUP23-06 for a gasoline station located at Northwest Corner of Mykawa Road and McHard Road. Deputy Director Griggs discussed that Council approved the second reading of ZONE 34-01.anamendment tothe Pear|andTown Center Pelican Development on Broadway Street. Deputy Director Griggs stated there were residents who spoke in opposition tothe development. 2. Commissioners Activity Report: None 3. Next P&ZRegular Meeting: April 15. 2024. ADJOURNMENT Chairperson Isenberg adjourned the P&Z Regular meeting at 8:49 P.M. These minutes were respectfully submitted by: / JenniferDan|ey. -xecutiveAesiatant Minutes approved 86submitted and/or corrected oOthis 0mday ofMay 2U24 Derrell Isenberg, Planning4(Zoning Chairperson