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2024-06-03 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, JUNE 3, 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 P&Z Commissioner Brad Kuhn Also, present were Deputy City Attorney Lawrence Provins, Associate Engineer John De La Rosa, 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 - Excused Absences - Excuse the absence of Commissioner Brad Kuhn from the May 20, 2024, P&Z Regular Meeting. Consideration and Possible Action - Approval of Minutes - Approve the P&Z Regular Meeting minutes from May 20, 2024. Chairperson Isenberg asked for the motion to approve the Consent Agenda. Commissioner McDonald made the motion to approve the consent agenda, and Commissioner Kuhn seconded the motion. Motion passed 6-0. ITEMS REMOVED FROM THE CONSENT AGENDA NEW BUSINESS Chairperson Isenberg read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE 24-07. Consideration and Possible Action - Zone Change Application: ZONE 24-07 Public Hearing: A request by Stephen Richey, Sueba Consulting, Inc., applicant, on behalf of American Modern Green Development (Houston), LLC., owner, for approval of amendments to the Ivy District Planned Development, on approximately 6.198 acres of land, to wit: Legal Description: Tract 2, in Block 1, Final Plat of Modern Green Ivy District, a subdivision of 47.062 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2019061536 the Plat Records of Brazoria County, Texas. General Location: Southeast Corner of Spectrum Boulevard and Ivy Park Terrace. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the request is for amendments to the Ivy District Planned Development (PD) District to change the proposed use to a multi -family development of 359 units. Mr. Bauer discussed the history of the property, that staff have not received public comments in favor of or against the zone change, and that it's consistent with the Future Land Use Designation of the Lower Kirby Urban Center. Mr. Bauer stated the zone change meets all criteria of the Unified Development Code (UDC) for approval, and staff recommends approval. Applicant, Stephen Richey at 8235 El Rio Houston, Texas 77054, was in attendance in -person in Council Chambers to present to P&Z Board. Mr. Richey discussed the current multi -family development on the property and the issues with the Continuing Care Retirement Community (CCRC). Mr. Richey stated that the zone change meets all the requirements for the City and PD, and he is available for any 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 asked staff if the Pearland Economic Development Corporation (PEDC) provided feedback or support for the project. Deputy Director Griggs stated the PEDC has not made a formal choice on this, but they are supportive of Modern Green and Sueba moving forward with their current development. Commissioner McDonald asked the applicant if they had started pre -leasing the units and if they had seen good numbers. Mr. Richey stated they will start pre -leasing the units later this month and early next month and hope to see a robust leasing for this project. Mr. Richey discussed that the multi -family development is unique to the area, and it would be a year before they would start construction. Commissioner Fuertes asked staff with PEDC being on board were there any incentives given to the developers for their project as it was first proposed and was Spectrum Boulevard bought and paid for by the developer or PEDC funds. Director Wyly discussed that he was not aware of any PEDC funds that would have gone to the project since it was a multi -family and not a job creator. Commissioner McDonald stated that Modern Green put funds towards the roads, some of the lights in the park, and they are invested in this project. Commissioner Fuertes asked staff about the many changes within the Ivy District PD and if staff agrees with the changes. Mr. Griggs stated that the information provided was to show completion of the road, infrastructure, pond, park, upgraded lights, and they are a lot of the way forward with phase one. Commissioner Fuertes asked staff if they are confident that the second development will be built to the standards of the first one. Mr. Griggs stated that the Ivy District is a unique planning development and lays out very detailed and specific language regarding materials, the look and style of the buildings, the streetscape and he has a very high level of confidence standards will be met. Commissioner Fuertes discussed the location of the multi -family development, the urban aesthetics of the building, the market not allowing the CCRC development, and the office and retail portion of the property. Chairperson Isenberg discussed the original uses of 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 — Zone Change Application: ZONE 24-06. Commissioner Fuertes made the motion to approve the zone change, and Commissioner Kuhn seconded the motion. Motion passed 5-1. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE 24-08. Consideration and Possible Action - Zone Change Application: ZONE 24-08 Public Hearing: A request by Owens Management Systems, LLC., applicant, on behalf of Great Opportunities Diversified, LLC., owner, for approval of a zone change for 1.1525 acres of land from Neighborhood Service (NS) District to Townhouse Residential (TH) District, to wit: Legal Description: Being a 1.1525-acre tract of land situated in the H.T. & B.R.R. Company Survey, Abstract No. 543, being the same tract of land described in Volume 375, Page 746, of the Deed Records of Brazoria County, Texas, and being the same tract conveyed unto TGK Investments, LLC., recorded in Brazoria County Clerk's File No. 2013048526. General Location: Southeast Corner of Orange Street and Woody Road. Deputy Director Griggs presented the staff report with exhibits. Mr. Griggs stated that this is a request for a zone change from Neighborhood Services (NS) District to Townhome Residential (TH) District to construct townhomes on the property. Mr. Griggs stated that the staff has received 33 written comments and 2 phone calls in opposition to the proposed zone change. Mr. Griggs discussed the history of the property, that it is compatible with the Future Land Use designation of Medium Density Residential, and the property being undeveloped would be subject to the requirements of the UDC. Mr. Griggs stated that it meets all 4 criteria of the UDC, and staff recommends approval. Applicant, Courtney Chaney at 12401 South Post Oak, Suite H Houston, Texas 77045, was in attendance in -person in Council Chambers to present to P&Z Board. Ms. Chaney discussed the townhome development on the property, the desire to have a community meeting with the residents, and the plans to start building in the fourth quarter of this year. Chairperson Isenberg called for public input. Resident, Glenn Pemberton at 5005 Francis Drive, Pearland, Texas 77581, stated that he was not in favor of the zone change due to increased traffic, added pressure on the sewer, and existing electrical power issues in the area. Mr. Pemberton asked what type of housing was being built and why he was not notified of the zone change. Resident, Ann Matelski at 2102 Rose Street, Pearland, Texas 77581, stated that she is not in favor of the zone change and is concerned about safety, increased traffic, and lower property value. Resident, Curtis Gardner at 5400 West Orange Street, Pearland, Texas 77581, stated that he is not in favor of the zone change and is concerned about the lack of infrastructure, the type of housing on the property, property depreciation, and inconsistent zoning of the surrounding properties. Resident, Joy Farmer at 3205 Lee Circle, Pearland, Texas 77581, stated that she is not in favor of the zone change and is concerned about the increased traffic, strain on the infrastructure, the townhomes being owned or rented, and the increased risk of flooding. Resident, Nicolas Caballero, III at 5106 Francis Drive, Pearland, Texas 77581, stated his concerns about the appearance and construction of the Townhomes, the access locations for the property, and requested additional information be provided on the property. Resident, Richard Dickman at 21100 Rose Street, Pearland, Texas 77581, stated that he does not want a multi -story building on the property and will lose the current views they enjoy. Mr. Dickman discussed his concerns regarding safety, increased traffic, and how the multi -family buildings will be designed. Resident, Jennifer Denuijl at 2307 Halbert Drive, Pearland, Texas 77581, stated that she is opposed and was not informed about the development, concerned about the safety and increased traffic in the area, and discussed that sidewalks & roadways that were rebuilt not being the quality promised. Resident, Pamela Kinard at 2206 Willow Boulevard, Pearland, Texas 77581, discussed her concerns about the insufficient property size for the development, increased traffic in the area, the park next to the property being used as an overflow parking area, and suggested to widen Woody Road prior to construction of the town homes. Resident, Terry Hendrix at 2103 Rose Street, Pearland, Texas 77581, stated she had a petition signed by the area residents and the development would change the character of the community. Ms. Hendrix stated her concerns of increased traffic, low-income residents causing an increase in crime, decline of property value, and allowance of additional development in the area. Resident, Keegan Monceaux at 5112 Francis Drive, Pearland, Texas 77581, discussed his concerns of the long-term adverse effects of Multi -Family Housing, reduction of property value, increase of crime and traffic in the area, and would disrupt the current environment of the neighborhood. Resident, Arthur Broussard at 2111 Rose Street, Pearland, Texas 77581, stated he is not in favor of the development and asked if there were other properties in the City of Pearland zoned multi- family dwelling. Mr. Broussard discussed his concerns with increased traffic and reduced access to the neighborhood park. Resident, Dustin Dougherty at 5102 Francis Drive, Pearland, Texas 77581, stated he was not in favor of the multi -family facility in the area and discussed his concerns with privacy of the adjacent residents and if there was going to be a retention wall, increase traffic in the area, and the safety of the current residents. Resident, Joy Farmer at 3205 Lee Circle, Pearland, Texas 77581, asked what portion of the property is owned by the City of Pearland. Commissioner McDonald asked staff if the townhomes would be on individual lots. Deputy Director Griggs stated yes that a townhome is a minimum standard of a three thousand square foot lot. Commissioner McDonald asked staff if townhome is a single-family dwelling. Mr. Griggs stated that a townhome is classified as a single-family dwelling. Commissioner McDonald asked staff if the maximum height of any single-family residential is thirty-five feet. Mr. Griggs stated that the TH District has the same maximum height. Commissioner McDonald asked engineering if the infrastructure was in place and the plans for upgrading Woody Road. Associate Engineer De La Rosa stated he would need to investigate the plans for infrastructure and the upgrade to Woody Road. Commissioner McDonald asked the applicant if they had a site plan. The applicant, Ms. Chaney, stated that the site plan is in development and would like to share the plan with the community and the P&Z Commission. Commissioner McDonald asked the applicant if they would consider postponing the zone change. Ms. Chaney agreed with postponing the zone request so a community meeting could occur. Commissioner McDonald asked the applicant how many units would be on the property. Ms. Chaney stated they are looking at eight to twelve units but leaning toward eight units. Commissioner McDonald asked the applicant if the units are planned for federal housing. Ms. Chaney stated no, the plan is to sell the lots. Commissioner Fuertes discussed delaying the zone change and the concern about additional traffic to the area. Commissioner Fuertes discussed the resident notification procedures of City staff, sewer problems in the area, and the municipal regulations complicating the development of infill land within the City. Commissioner Fuertes asked staff if the builder would be required to build sidewalks. Deputy Director Griggs stated that is true. Commissioner Fuertes asked staff if there is land zoned multi -family in Pearland. Mr. Griggs stated there are a few zoned for multi -family and few zoned Townhome, but they are built out and there is not available land for this designation. Commissioner Kuhn stated that because there is no result available, he is not in favor of the zone change and agrees with postponement of the request. Deputy City Attorney Provins asked for clarification regarding the postponement and stated that the applicant is not tied to a site plan, or an elevation and the request is to zone the dirt. Commissioner McDonald called attention to the ability of the project to be built on the lot, the requested information from engineering regarding the infrastructure, and the need for everyone to have a fuller picture of the development to decide. Chairperson Isenberg discussed the future development of the property and for the applicant to conduct a community meeting. 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 24-08. Commissioner McDonald made the motion to approve the zone change, and Commissioner Fuertes seconded the motion. Commissioner McDonald made the motion to postpone the Consideration and Possible Action — Zone Change Application: ZONE 24-08 to a later date with the conditions that the applicant provide a site plan, a report be provided from engineering with the proposed improvements to the infrastructure, and the residence notified in the 200ft area as a new zone change. Commissioner Fuertes seconded the motion. Postponement motion passed 6-0. Chairperson Isenberg read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE 24-10. Consideration and Possible Action - Zone Change Application: ZONE 24-10 Public Hearing: A request by Mo Khalil, applicant, on behalf of 2701 Partner, LLC., owner, for approval of amendments to the Province Village Planned Development, on approximately 1.707 acres of land, to wit: Legal Description: Lot "A", in Block 1, Final Plat of Province Village Lot "A" Replat No. 1, a subdivision of 1.707 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2014038140 the Plat Records of Brazoria County, Texas. General Location: 2701 Pearland Parkway, Pearland, Texas. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the request is for an amendment to the Province Village Planned Development (PD) to allow for a Studio or Learning Center for Fine or Performing Arts to be listed as a permitted use within the subject property and PD. Mr. Bauer discussed that staff has not received comments in favor or against the zone change, the history of the property, and the proposed amendment is compatible with the Retail Office & Services designation. Mr. Bauer stated that it meets all seven criteria of the UDC, and staff recommends approval. The applicant was not in attendance. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner McDonald asked staff if a similar request presented can staff decide what is reasonable to add to the PD. Deputy Director Griggs stated that it was suggested to the applicant, they were able to move faster on this then decide what else to add in. Commissioner Fuertes discussed that staff is good with allowing the uses that were already in place and suggested that staff prompt applicants with a list of uses. Commissioner Kuhn stated that he approves of the zone change as presented. 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 24-06. Commissioner Fuertes made the motion to approve the zone change, and Commissioner Kuhn seconded the motion. Motion passed 6-0. DISCUSSION ITEMS 1. City Council Update Report: Deputy Director Griggs stated that there were two Conditional Use Permit (CUP) applications, CUP 24-13, and CUP 24-14, were presented for their first reading to the City Council on May 20, 2024. Mr. Griggs stated that the Council approved CUP 24-13 with conditions for furniture warehouse use within the General Commercial (GC) District located on Knapp Road. Mr. Griggs mentioned that the Council approved CUP 24-14, a request for a hair salon within the Light Industrial (M-1) District located on Veterans Drive. Mr. Griggs also discussed that the Council approved Olsson Studio as the contractor of the Old Town Revitalization Plan. 2. Commissioners Activity Report: None 3. Next P&Z Regular Meeting: June 17, 2024. ADJOURNMENT Chairperson Isenberg adjourned the P&Z Regular meeting at 8:26 P.M. These minutes were respectfully submitted by: /yl o 1(,,) ))042/ Jennifer Danley, Executive Assistant Minutes approved as submitted and/or corrected on this 3rd day of June 2024 Derrell Isenberg, Plannin f& Zoning Chairperson