2024-07-15 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, JULY 15, 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 6:31 P.M.
In attendance were:
P&Z Chairperson Darrell Isenberg
P&Z Vice Chairperson Jennifer Henrichs
P&Z Commissioner Brad Kuhn
P&Z Commissioner John McDonald
P&Z Commissioner Angela McCathran
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Francisco
Reyes, Community Development Director Vance Wyly, Community Development Deputy Director
Martin Griggs, Planning Manager Katya Copeland, 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 - Excused Absences - Excuse the absence of
Commissioner Angela McCathran from the July 1, 2024, P&Z Regular Meeting.
Consideration and Possible Action - Approval of Minutes - Approve the P&Z Regular Meeting
minutes from July 1, 2024.
Consideration and Possible Action - PLAT 24-46: Preliminary Plat of Pearland Industrial Park
A request by Laura Hyder-Mayes and Hind Saad of RSG Engineering, the applicant; on behalf of
PIBP LLC, owner; for approval of the Preliminary Plat of Pearland Industrial Park creating 4 lots and
1 reserve on 36.09 acres of land located at the southwest corner of Main Street and McHard Road,
described to wit:
Legal Description: A Subdivision of 36.09 acres (1,527,071 square feet) of land being a 26.1909-
acre tract being part of Lot 44, and all of lot 49 of Zachlinski's Subdivision in the H.T.&B.R.R. Co.
Survey, Abstract 232 & R.B. Lyle Survey, Abstract 542, Brazoria County, Texas Being part of a tract
of land covered to Montalbano Lumber Co. L.L.C., by deed recorded under Vol 1487, Page 688 of
the official records of Brazoria County, Texas. Also being a 4.1469 acre tract of land out of Lots 53
& 54 of the W. Zychlinski Subdivision according to the plat thereof recorded in Abstract Number
542, Pearland, Brazoria County, Texas, and being out of certain tract described in a deed dated
09.29.1959 from Mayetta Moffet Williams, Trustee, et vir to John Ward Williams as filed on volume
752, page 405 of Brazoria County deed records, also being all that part of Lots 53 and 54 of the W.
Zychlinksi Subdivision according the abstract thereof as filed in Volume 29, page 42 of the Brazoria
Deed Records in the H.T.B.R.R. Co. survey, Abstract number 232 and R.B. Lyle survey, Abstract
number 542, Pearland, Brazoria County, Texas and being out of that certain tract described in deed
dated 09.29.1959 from Mayetta Moffett Williams, Trustee, et vir to John Ward Williams as filed in
volume 752, Page 405 of the deed records of Brazoria County, Texas lying north of the Lucas
Properties and Investment LLC, as recorded under Clerk File No. 2017030448, east of the City of
Pearland tract as described in deed recorded under Clerk File No. 2005062987, east of the City of
Pearland tract described in deed recorded under Clerk File No. 2005062987, West of State Highway
35 and South of McHard Road.
General Location: Southwest corner of Main Street and McHard Road.
Chairperson Isenberg asked for the motion to approve the Consent Agenda. Commissioner
McDonald made the motion to approve the consent agenda, and Vice Chairperson Henrichs
seconded the motion.
Motion passed 5-0.
ITEMS REMOVED FROM THE CONSENT AGENDA
none
NEW BUSINESS
Chairperson Isenberg read into the record the item on Consideration and Possible Action — Zone
Change Application: ZONE 24-18.
Consideration and Possible Action - Conditional Use Permit Application: CUP 24-18
Public Hearing: A request by Shonli Motor LLC., applicant, on behalf of Texas Lonestar Cut Stone,
represented by Bruce Honore, owner, for approval of a Conditional Use Permit (CUP) for an Auto
Repair (Major) use within the General Commercial (GC) District, on approximately 2.066 acres of
land, to wit: (Request to Table until August 5, 2024)
Legal Description: Lot 1, Block 1, Replat of Lots 4-8, Block 1 and 0.331 Acre of Abandoned Right -
of -Way of Detenbeck & Barnhart Subdivision, a subdivision in Brazoria County, Texas, according to
the map or plat thereof, recorded in County Clerk's File No. 2015029683 in the Plat records of
Brazoria County, Texas.
General Location: 5929 Bardet Street Suite 159, Pearland, Texas.
Deputy Director Griggs stated the applicant did not meet the sign posting requirement and CUP
24-18 will be postponed to the next P&Z Regular Meeting on August 5, 2024.
There was no further discussion from Staff, P&Z Commission or Public input.
Input and Discussion - Tree Preservation Ordinance Amendments
Input and Discussion: Regarding request to amend the UDC in relation to Tree Preservation.
Deputy Director Griggs discussed the suggested amendments to the tree preservation ordinance.
Mr. Griggs stated and described in detail the following amendments:
1. Increase allowable credits from 25% to 100% for upsizing required landscape trees.
2. Incentivize larger tree planting by providing a credit schedule for trees 4-inches and
larger.
3. Allow required residential landscape trees to count towards tree mitigation
requirements.
4. Increase tree mitigation fee of $200 per inch, consider up to $400 per inch.
5. Allow the Urban Forester to reduce or waive mitigation for trees which are
diseased, dead, or that pose an imminent danger.
6. Staff is looking for additional input and direction in the creation of a 5% cap for
mitigation fees.
Chairperson Isenberg asked for public input.
Resident, Jeff Barry at 3503 Boxwood Gate Trail, Pearland, Texas 77581, discussed the
background of the request to amend the tree ordinance, the egregious tree mitigation cost and it
being a significant barrier to doing business in Pearland, and the confusing language of the
ordinance.
Commissioner McDonald asked staff what feedback was received from the public regarding trees
from the comprehensive plan outreach. Deputy Director Griggs stated the public feedback was
regarding the open and natural spaces and pointed out that the Comprehensive Plan document
was not designed for this information. Commissioner McDonald asked staff what the population of
Pearland was in 1997 when the tree ordinance went into effect. Mr. Griggs stated significantly less
than a hundred thousand. Commissioner McDonald asked staff if street trees were included with
the increase of credits for upsizing the required landscape trees or are the street trees separate
from the minimum three tree requirement. Mr. Griggs responded they still must meet the minimum
requirements. Commissioner McDonald asked staff how the ratio was developed. Director Wyly
discussed the credit schedule that was presented to the Council and the goal to make it more
affordable to plant than to pay the fee. Commissioner McDonald asked staff if the Council was in
support of the six amendments. Mr. Wyly responded yes and expects additional discussion from
the Council on the outdated fees. Commissioner McDonald asked staff if the Urban Forester
worked with constituents regarding damaged trees and the amendment is to clarify this practice.
Mr. Griggs responded yes. Commissioner McDonald discussed the cap for mitigation fees. Mr.
Wyly discussed the intent of the cap to alleviate tree mitigation for developers and the UDC rewrite
with community input and a focus group. Commissioner McDonald asked staff how many
businesses were lost due to the tree ordinance. Mr. Wyly stated that the staff was not aware of
any commercial loss. Commissioner Henrichs asked staff to clarify the final plat process regarding
the required number trees on a lot. Commissioner McDonald stated that staff know the lot size and
can determine the requirement based on the lot size. Commissioner Henrichs asked who is
responsible for meeting the requirement. Commissioner McDonald stated the builder. Mr. Wyly
stated the developer gets credit and the builder will not get the occupancy declaration till the trees
are planted. Commissioner Henrichs discussed having a lower cap for small businesses.
Commissioner McDonald discussed that the tree cost is part of development, the rules and
regulations, and that it's part of the cost of doing business in Pearland. Mr. Barry commented on
the complicated process of developing in the City of Pearland. Commissioner Henrichs stated the
5% cap is too steep. Commissioner Kuhn discussed the tree mitigation fees being on a sliding
scale, the cost of construction, and mitigating the cost to the developer. Commissioner McCathran
stated she agreed with Commissioner Henrichs and Commissioner Kuhn discussing a sliding
scale for the tree mitigation, that staff needs to reduce barriers to entry, and rules should be
molded to fit the situation's need. Commissioner Henrichs asked staff if the waving of mitigation
fees for diseased trees included evasive species. Mr. Griggs stated that the evasive trees are not
on the tree preservation list and therefore would not generate any mitigation requirements. Mr.
Provins stated that the UDC tells you the identified protected tree species. Commissioner Isenberg
discussed that corporations would be interested in other cities due to Pearland's small tracts of
land, the need to lower the cap for small businesses, the residential tree requirement and
maintaining the existing trees in Pearland, and the confusing wording of the tree ordinance.
Commissioner McDonald suggested for staff to look at infill incentives and stated that staff does
follow up with pre -development meeting with no development. Mr. Wyly discussed the
development in Pearland over the past year, that the City is developer friendly and that it does not
under sale the city's value, and pointed out the local cities in the area that do not have tree
ordinances. Commissioner Isenberg discussed Peadond'sstandorda and that affordability is
important for development. Commissioner Henhohsasked staff ifthe City Council had a
recommendation on the cap amount. Mr. Wyly discussed determining the cap percentage and
how it is used on a sliding scale. Commissioner Henrichs recommended that small businesses
have acap of3%due totheir project exponeee.
There was no further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. City Council Update Report: Deputy Director Griggs stated that the July 8, 2024,
Council meeting was canceled due to hurricane Beryl no items were presented.
2. Commissioners Activity Report: None.
3. City Council and P&ZJoint Workshop: July 22,2U24.
P&ZRegular Meeting: August 5.2O24
ADJOURNMENT
Chairperson Isenberg adjourned the P&Z Regular meeting at 7:27 P.M.
These minutes were respectfully submitted by:
JenniferOanlev Executive Assistant
Minutes approved as submitted and/or corrected on this 5th day of August 2024
Derrell Isenberg, Planning-& Zoning Chairperson