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2024-05-06 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, MAY 6, 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 6:30 P.M. In attendance were: P&Z Chairperson Darrell Isenberg P&Z Commissioner Henry Fuertes P&Z Commissioner John McDonald P&Z Commissioner Angela McCathran P&Z Commissioner Jennifer Stockdick 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 Astion - Excused Absences - Excuse the absence of Commissioner Brad Kuhn and Commissioner Angela McCathran from the April 15, 2024, P&Z Regular Meeting. Consideration and Possible Action - Approval of Minutes - Approve the P&Z Regular Meeting minutes from April 5, 2024, and April 15, 2024. Consideration and Possible Action - PLAT 24-27: Final Plat of Creekside at Highland Glen Section 2 A request by Patrick Lane, LJA Engineering, the applicant; on behalf of Beazer Homes Texas LP, owner; for approval of the Final Plat of Creekside at Highland Glen Section 2 creating 36 single family lots, 2 reserves, and 1 block on ± 22.451 acres of land located East of Pearland Parkway and North of Hughes Road. Legal Description: A subdivision of 22.451 acres of land situated in the Derril H. M Hunter Survey, Abstract 76, City of Pearland, Brazoria County, Texas. General Location: East of Pearland Parkway and North of Hughes Road. Chairperson Isenberg asked for the motion to approve the Consent Agenda. Commissioner McDonald made the motion to approve the consent agenda, Commissioner Fuertes seconded the motion. Motion passed 5-0. ITEMS REMOVED FROM THE CONSENT AGENDA NEW BUSINESS Chairperson Isenberg read into the record the item on Consideration and Possible Action — PLAT 24-25: SolveChem Properties (A Replat of Packaging Service Company). Consideration and Possible Action - PLAT 24-25: SolveChem Properties (A Replat of Packaging Service Company) A request by Joyce Owens of Owen Management Company, applicant for SolveChem Industrial Realty LLC, owner; for approval of SolveChem Properties, a replat of Packaging Service Company, to allow an unplatted tract of land to be combined with the platted Packaging Service Company lot to create 1 lot described to wit: Legal Description: A Subdivision of 25.1041 Acres of Land being a Replat of Commercial Reserve, Block 1, minor plat of Packaging Service Company and 3.02 acres of land situated in the H.T.& B.R.R, Abstract 543, Section 4 City of Pearland, Brazoria County, Texas. General Location: 4902 Shank Road. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the request is for a replat to combine two lots into one lot and is in the Light Industrial (M-1) District. Senior Planner Buaku discussed that the replat was to allow for future expansion, meets all the lot requirements of the M-1 District, and has an approved special exception for existing nonconformities. Senior Planner Buaku stated that the plat meets all criteria of the Unified Development Code (UDC), and staff recommends approval. Applicant, Joyce Owens at 12401 South Poast Oak Road, Suite H, Houston, Texas 77045, was in attendance in -person in Council Chambers to answer any questions 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 if there is a single-family residence on the parcel being taken in. Deputy Director Griggs discussed the previous residence not being used for residential purposes and that the applicant has not stated that they are using that for a residence. Commissioner Fuertes asked staff if the zoning is industrial, and no zone change is required for the replat. Deputy Directory Griggs stated yes. Applicant, Joyce Owens stated there is no immediate plan for development and the use will be for trucks to come through. 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 — PLAT 24-25: SolveChem Properties (A Replat of Packaging Service Company). Commissioner McCathran made the motion to approve the Plat, and Commissioner Fuertes seconded the motion. Motion passed 5-0. Chairperson Isenberg read into the record the item on Consideration and Possible Action — PLAT 24-33: Replat of Rice Drier Commerce Park. Consideration and Possible Action - PLAT 24-33: Replat of Rice Drier Commerce Park A request by Chris Rhodes, the applicant; on behalf of ERS RE Holdings, LLC, owner; for approval of the partial Replat of Rice Drier Commerce Park, combining 2 lots into 1 lot on 12.667 acres of land described to wit: Legal Description: A subdivision of 12.667 acres of land, being a replat of Lot 1 Block 1 of the Rice Drier Commerce Park No. 2, a subdivision of record in Plat No. 2023030527 of the BCPR and Lot 2 Block 1 of Rice Drier Commerce Park, a subdivision of record in Plat No. 2019027535 of the BCPR in the HT&BRR Co Survey Section 2, Abstract No. 542, City of Pearland, Brazoria County Texas. General Location: 4300 Rice Drier Drive. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the replat of Rice Drier Commerce Park is to combine one lot out of two platted lots and a portion of the property is part of the Rice Drier Planned Development, and the other portion is zoned for light industrial. Senior Planner Buaku discussed that the applicant intends to expand the existing light industrial use on to the adjacent parcel with the addition of a building. Senior Planner Buaku stated that the Replat meets all criteria of the UDC, and 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. 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 — PLAT 24-33: Replat of Rice Drier Commerce Park. Commissioner McDonald made the motion to approve the replat and Commissioner Fuertes seconded the motion. Motion passed 5-0. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-13. Consideration and Possible Action - Conditional Use Permit Application: CUP 24-13 Public Hearing: A request by Helen Wang, applicant, on behalf of Sheng Li, owner, for approval of a Conditional Use Permit (CUP) for a Warehouse use within the General Commercial (GC) District, on approximately 4.678 acres of land, to wit: Legal Description: A 4.678-acre tract of land, being out of 9.5360 acres (415,389 square feet) of land situated in Abstract No. 542 and Abstract 233, Brazoria County, Texas, being out of Lots 77 and 78 of the Zychlinski Subdivision, map or plat thereof recorded in Volume 29, Page 43, Brazoria County Deed Records (B.C.D.R.) and being the same 9.5360 acre tract of land to Pearland Partners, LTD. in deed filed for record under Brazoria County Clerk File (B.C.C.F.) No. 02-045143. General Location: 3702 Knapp Road, Pearland, Texas. Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the CUP is for a furniture warehouse use located in the General Commercial (GC) District. Planner II Bauer discussed that staff has not received public comments in favor of or against the CUP, the history of the property, and is compatible with the Industrial designation. Planner II Bauer stated that it meets all the criteria of the UDC, and staff recommends approval with the following conditions: 1. Large Shade Trees shall be provided along Knapp Road at a rate of 1" for each 15' of frontage with a minimum planting of 2" DBH and 6' height. 2. Evergreen shrubs shall be provided to form a continuous vegetative screen along the parking area towards the front of the property to screen the existing parking facing Knapp Road. 3. Landscape island with parking lot trees shall be provided at the ends of the parking facing Knapp Road. 4. The existing barbed wire fencing shall be removed from the property. 5. There shall be no storage of goods outside of the building. Applicant, Helen Wang at 3702 Knapp Road, Pearland, Texas 77581, was in attendance in - person in Council Chambers to present to the P&Z Board. Ms. Wang discussed the purpose of the warehouse and the future development of the adjacent property. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner McDonald asked staff if anything the applicant plants needs to be on the city's approved list. Deputy Director Griggs stated yes that street trees and shade trees are the requirement for the CUP and fruit trees are not shade trees. Commissioner McDonald asked staff if the applicant is aware of the staff's conditions. Planner II Bauer stated they were aware of the conditions and staff had a meeting with the applicant. Commissioner McDonald asked the applicant if the owner has any objections to the conditions by City staff. Ms. Wang stated the city shut down the building because of the fire marshal, the CUP is based on the site plan because it was built a long time ago, and they have applied for a permit for the fire system and alterations. Commissioner McDonald suggested that the staff get something in writing from the applicant that they agree with the staff's conditions. Commissioner Fuertes stated that the adjacent undeveloped land will fall under zone change and getting occupancy for the vacant buildings along Knapp Road will bring employment. Deputy City Attorney Provins suggested that the property to east is not a part of the CUP under consideration. 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 24-13. Commissioner McCathran made the motion to approve the CUP and Commissioner Stockdick seconded the motion. Commissioner McDonald made the motion to amend CUP 24-13 with staff's proposed conditions and Commissioner McCathran seconded the motion. Amended motion passed 5-0. Chairperson Isenberg called for the vote on the motion to include the amendments. Motion passed 5-0. Chairperson Isenberg read into the record the item on Consideration and Possible Action Conditional Use Permit Application: CUP 24-14. Consideration and Possible Action - Conditional Use Permit Application: CUP 24-14 Public Hearing: A request by Ruth Abigail Ramos Martinez, applicant, on behalf of Shane Kurjex, owner, for approval of a Conditional Use Permit (CUP) for a Hair Salon use within the Light Industrial (M-1) District, on approximately 1.5707 acres of land, to wit: Legal Description: A subdivision of 1.5707 acres of land situated in the H.T.&B.R.R. Company Survey Section 11, Abstract No. 238, Brazoria County, Texas and being out of Tract "C" of Magnolia Industrial Sites, Section One, as recorded in Volume 18, Pages 153-154 of the Plat Records of Brazoria County, Texas. General Location: 3419 Veterans Drive Suite B, Pearland, Texas. Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the CUP is for a Hair Salon use in the Light Industrial (M-1) District and staff has not received public comments in favor of or against the CUP request. Planner II Bauer discussed that previous hair salons have occupied the lease space from 2015 to 2021 and since it was abandoned for more than six months a CUP is needed. Planner II Bauer stated that the CUP meets all seven of the UDC requirements, and staff recommends approval. Applicant, Ruth Abigail Ramos Martinez at 5418 Jefferson Street, Pearland, Texas 77584, was in attendance in -person in Council Chambers to answer any questions 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 to clarify that the location of the property is in zone M-1 and gas stations were allowed to be in that zone. Deputy Director Griggs stated correct the gas station fuel pumps are allowed by right the convenience store is what requires the CUP as this is an existing use and a non -conforming use. Deputy Director Griggs stated that the lease space that is tacked on to it was vacant for more than six months so that is why the CUP is required. 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 24-14. Commissioner McDonald made the motion to approve the CUP and Commissioner Fuertes seconded the motion. Motion passed 5-0. DISCUSSION ITEMS 1. Introduction of New P&Z Commissioner, Jenifer Stockdick. Commissioner Stockdick discussed that she lived in Katy, Texas for forty years, served on three boards in the City of Katy and previously Katy's City Council. Commissioner Stockdick stated she moved to Pearland three years ago and looks forward to serving the Pearland community. 2. City Council Update Report: Deputy Director Griggs stated that there were four items on the City Council agenda for the April 22, 2024, meeting. Deputy Director Griggs discussed the CUP 24-03 for a Child Day Care Center use within the Office & Professional (OP) District located on Liberty Drive was approved with a 7-0 vote. Deputy Director Griggs stated the CUP 24-10 for the replacement of a communication tower located on South Main Street was amended to include a FAA safety regulation of a light package and was approved with a 5-2 vote. Deputy Director Griggs discussed that CUP 24-12 for a Auto Repair (Major) use within the GC District located on Broadway Street was amended for a parking area instead of providing landscaping by the fire lane and Council discarded the requirement of removing the barbed wire fence. Deputy Director Griggs stated that Council approved CUP24-12 with the other recommended conditions from the P&Z Commission. Deputy Director Griggs stated that Council did not approve the CUP 24-11 for a Gasoline Station use within the General Business (GB) District located at Northwest Corner of McHard Road and Max Road with a 0-7 vote. 3. Commissioners Activity Report: Commissioner Fuertes asked staff for an update on the Comprehensive Plan and the UDC updates. Deputy Director Griggs discussed that the Comprehensive Plan is being edited by the consultant to add the public input from December — February, updates from the Pearland Prosperity Plan, and will be presented to Council at the end of the month. Deputy Director Griggs stated the UDC update project is going out for Request for Qualifications (RFQ) on Wednesday and will be gathering input from prospective consultants. Commissioner McDonald asked staff if the Comprehensive Plan has been presented to Council and depending on how much change will it be presented again to the P&Z Commission. Director Wyly stated that there would not be a significant amount of change that would warrant it but glad to bring it back to the P&Z Commission. Director Wyly discussed the minor changes to the plan. Deputy Director Griggs discussed that the Old Town Revitalization Plan's consultant will be presented to Council and after approval staff will draft out the stakeholder group and start public participation. Deputy Director Griggs stated that Community Development staff are implementing a new permitting software. Chairperson Isenberg stated that Sullivan Brothers have started developing at the Old Town site. 4. City Council and P&Z Joint Planned Development Workshop: May 13, 2024. Next P&Z Regular Meeting: May 20, 2024. ADJOURNMENT Chairperson Isenberg adjourned the P&Z Regular meeting at 7:19 P.M. These minutes were respectfully submitted by: Jennifer Danley, Executive Assistant Minutes approved as submitted and/or corrected on this 20th day of May 2024 ," Derrell Isenberg, Planning &mooning Chairperson