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2024-08-19 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, AUGUST 19, 2024, AT 6:30 PM IN PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD ROOM, CITY HALL, 3519 LIBERTY DR., SUITE 350 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 Derrell Isenberg P&Z Commissioner Henry Fuertes P&Z Commissioner Jenifer Stockdick P&Z Commissioner Thomas Echols Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Francisco Reyes, Community Development Deputy Director Martin Griggs, Planning Manager Katya Copeland, Senior Planner Florence Buaku, Planner II Patrick Bauer, and Executive Assistant Jennifer Danley. ELECTIONS Election of Chairperson and Vice Chairperson to serve until the first regular meeting of the P&Z in July 2025. Chairperson Isenberg nominated P&Z Commissioner Henry Fuertes for Chairperson. Commissioner Fuertes nominated Chairperson Derrell Isenberg for Vice Chairperson. Chairperson Isenberg called for the motion to approve Commissioner Fuertes as Chairperson and Commissioner Isenberg as Vice Chairperson. Motion passed 4-0. 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 Henry Fuertes from the August 5, 2024, P&Z Regular Meeting. Consideration and Possible Action - Approval of Minutes - Approve the P&Z Regular Meeting minutes from August 5, 2024. Chairperson Fuertes asked for the motion to approve the Consent Agenda. Vice Chairperson Isenberg made the motion to approve the consent agenda, and Commissioner Stockdick seconded the motion. Motion passed 4-0. ITEMS REMOVED FROM THE CONSENT AGENDA none NEW BUSINESS Chairperson Fuertes read into the record the item on Consideration and Possible Action — PLAT 24-48: Final Plat of Residences on the Parkway. Consideration and Possible Action - PLAT 24-48: Final Plat of Residences on the Parkway A request by Steven Henderson, Windrose Land Services, applicant, on behalf of Residences on the Parkway LLC, owner, for approval of a final plat creating 109 residential lots and 1 commercial lot on 14.852 acres of land located at the corner of Cullen Parkway and Fite Road, to wit: Legal Description: A tract or parcel containing 14.852 acres, or 646,949 square feet of land situated in the H.T. & B. R.R. Co. Survey, Section 21, Abstract No. 309, City of Pearland, Brazoria County, Texas. General Location: Northeast Corner of Cullen Parkway and Fite Road. Senior Planner Buaku presented the staff report with exhibits. Mrs. Buaku stated that the request was to approve the Final Plat for the Residences on the Parkway creating 109 residential lots, one commercial lot and 5 reserves. Mrs. Buaku discussed the Future Land Use and Zoning map, the conformity with the Comprehensive Plan, and the public improvements and easements. Mrs. Buaku stated that the Final Plat meets all the criteria for approval of the Unified Development Code (UDC), and staff recommends approval. Developer, Kevin Stuckey at 3228 Maroneal Street, Houston, Texas 77025, discussed that the staff was supportive and did an excellent job. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Chairperson Fuertes stated that he didn't recall the commercial being part of the development and thought they kept the commercial as an out parcel. Deputy Director Griggs stated that the commercial lot is less than the minimum acreage to leave it out of the parcel. Chairperson Fuertes stated he was not aware the lots were built to rent. Deputy City Attorney Provins stated that in relation to the Plat approval criteria that it complies with the Single -Family Residential because each one is individually platted. Mr. Provins further explained the built to rent zoning criteria. Kevin Stuckey, developer discussed the follow up consultation with Mayor Cole and Council regarding the property. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — PLAT 24-48: Final Plat of Residences on the Parkway. Vice Chairperson Isenberg made the motion to approve the Final Plat, and Commissioner Stockdick seconded the motion. Motion passed 4-0. Chairperson Fuertes read into the record the item on Consideration and Possible Action — VARP 24-04: Variance from Minimum Lot Frontage and the Creation of a Double Frontage Lot. Consideration and Possible Action - VARP24-04: Variance from Minimum Lot Frontage and the Creation of a Double Frontage Lot Public Hearing: A request by Lucy Magana, Windrose Land Services, applicant, on behalf of CBL Pearland Town Center Op PropCo and Pearland Town Center LP, owners; for approval of a Variance Permitted in Section 2.6.1.1 (b) (1) of the Unified Development Code, and Ordinance No. 2000-T from the minimum lot frontage requirement and to allow the creation of a double frontage lot in Pearland Town Center Planned Unit Development, on approximately 13.69 acres of land, to wit: Legal Description: A subdivision of 13.69 acres, being a replat of Lots 14, 15, 16 of the Amending Plat of Pearland Town Center, Doc No. 2008005836 B.C.P.R situated in the H.T & B.R. R Survey Section 81, abstract No. 300, City of Pearland, Brazoria County, Texas. General Location: South of Broadway Street, East of Kirby Drive and West of Business Center Drive, Pearland, Texas. Senior Planner Buaku presented the staff report with exhibits. Mrs. Buaku stated the requested variances are for the minimum lot frontage requirement for a flag lot and a double frontage lot that will be created because the proposed replat is combining three lots into one within the Pearland Town Center Planned Unit Development. Mrs. Buaku discussed the purpose of the replat, the intended use of the property, and the access road location. Mrs. Buaku stated that the variances meet all criteria of the UDC, and staff recommends approval. Applicant, Mathew Carpenter at 5353 West Sam Houston Parkway, Suite 150, Houston, Texas 77041, was in attendance in -person in the Pearland Economic Development Corporation (PEDC) Board Room to answer any questions for the P&Z Commission. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Chairperson Fuertes asked staff for clarification on the variance request and if the applicant needs to come back to the P&Z Commission to combine the lots. Mrs. Buaku stated yes, they will need to comeback because this is a preliminary plat that needs approval. Chairperson Fuertes discussed the multi -family project and the variance process for the property. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — VARP 24-04: Variance from Minimum Lot Frontage and the Creation of a Double Frontage Lot. Commissioner Stockdick made the motion to approve the Variance and Vice Chairperson Isenberg seconded the motion. Motion passed 4-0. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE 24-13. Consideration and Possible Action - Zone Change Application: ZONE 24-13 Public Hearing: A request by Mona Malone, applicant, on behalf of Fite Road REH, LLC., owner, for approval of a zone change for 9.6251 acres of land from Single -Family Residential-1 (R-1) District to Single -Family Residential-3 (R-3) District, to wit: Legal Description: Being a tract of land containing 9.6251 acres (419,268.19 square feet) of land, being out of and a part of a called 10-acre tract being the same tract conveyed to Doris T. Graham described in warranty deed in Instrument in Volume 847, Page 771 of the Brazoria County Deed Records in the H.T. & B.R.R. Company Survey, Abstract 241, Brazoria County, Texas. General Location: North of Fite Road, East of Manvel Road. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the request is for approval of a zone change from the Single -Family Residential-1 (R-1) District to the Single -Family Residential-3 (R-3) District. Mr. Bauer discussed that staff received one walk in public comment asking for more information, the history of the property, and the intent of developing 38 lots with approximately 2,500 square foot single-family residences. Mr. Bauer stated that the zone change met three out of the four approval criterions of the UDC, and that staff recommends approval. Applicant, Mona Malone at 4303 Waterfall Cove, Pasadena, Texas 77505, was in attendance in - person in the PEDC Board Room to answer any questions for the P&Z Commission. Chairperson Fuertes called for public input. Property owner, Jorge Bisbal at 5161 San Felipe Street, Houston, Texas 77056, discussed their original desire for the property was multi -family but due to lack of support from staff and adjacent neighbors, they believe R-3 is the better option. Mr. Bisbal stated the homes would be 3,000 square feet and priced around $400,000. Vice Chairperson Isenberg mentioned he discussed the project with the West Oaks Homeowner Association President, and they were behind it 100%. Chairperson Fuertes expressed his concern about fire code regulations that require a second entrance because of the number of homes in the neighborhood. Deputy City Attorney Provins stated fire code access requirements were discussed during the Council workshop. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE 24-13. Vice Chairperson Isenberg made the motion to approve the zone change and Commissioner Echols seconded the motion. Motion passed 4-0. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE 24-15. Consideration and Possible Action - Zone Change Application: ZONE 24-15 Public Hearing: A request by the Director of Community Development of the City of Pearland for approval of a permanent zone classification of Single -Family Residential-3 (R-3) District for a newly annexed tract of land totaling approximately 0.3812 acres, to wit: Legal Description: A 0.3812-acre tract of land, being all of Lot 3, in Block 1 of the Final Plat of Medellin Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk's File No. 2005036901 of the Map Records of Brazoria County, Texas. General Location: Southwest of the Intersection of Glenview Drive and De Leon Lane. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the request is to assign the zoning for a newly annexed property as a Single -Family Residential (R-3) District and the intent of the lot is for a Single -Family residence. Mr. Bauer discussed that the property was recently annexed into the City, staff received one phone call and six public comments against the zone change, the history of the property, and the R-3 District is compatible with the Medium Density Residential designation. Mr. Bauer pointed out that the zone change met all four criteria of the UDC, and staff recommends approval. Chairperson Fuertes called for public input. Landowner, James Laird at 2222 Saint James Place, Pearland, Texas 77581, was in attendance in -person in the PEDC Board Room to answer any questions for the P&Z Commission. Chairperson Fuertes asked staff for clarification on why the City is the applicant for the zone application and not the landowner. Deputy City Attorney Provins stated that because of local government code, it's incumbent on the City after you annex property to initiate the zoning category. Deputy Director Griggs discussed the last annexation by the City of Pearland. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE 24-15. Commissioner Echols made the motion to approve the zone change, and Commissioner Isenberg seconded the motion. Motion passed 4-0. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-19. Consideration and Possible Action - Conditional Use Permit Application: CUP 24-19 Public Hearing: A request by Tom Daniel, applicant and owner, for approval of a Conditional Use Permit (CUP) for an Accessory Dwelling Unit use within the Single -Family Residential-1 (R-1) District, on approximately 0.7922 acres of land, to wit: Legal Description: Lot 8, Block 3, Shadycrest, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 8, Page 95-98 of the Plat records of Brazoria County, Texas. General Location: 2104 West Mary's Creek Lane, Pearland, Texas. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the request is to allow for the construction of an Accessory Dwelling to the rear of the existing garage on a Single - Family Residential property. Mr. Bauer explained that the proposed expansion is to develop a living space for the owner's family members to reside in. Mr. Bauer discussed that staffed received three written public comments in favor of the request, the history of the property, and the proposed site plan. Mr. Bauer stated that the CUP meets all criteria of the UDC, and staff recommends approval. Applicant, Tom Daniel at 2104 West Mary Creek Lane, Pearland, Texas 77581, was in attendance in -person in the PEDC Board Room to present to the P&Z Commission. Mr. Daniel discussed the privacy screening at the back for the neighbor to the south and that the expansion is for their family so everyone has their own space. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Assistant City Attorney Provins suggested that if for some reason the property were to change hands in the future, a condition to consider would be to grant the CUP on the condition that whoever lives in the accessory dwelling unit is related to the people who live in the primary unit. Mr. Provins asked the applicant if he agreed to the condition. Applicant, Mr. Daniel, stated yes and he discussed the plans they have with the adjacent lot he owns. The Commissioners discussed the condition and the future owners of the property. Commissioner Echols asked staff if the back of the property was coherent with the build line. Planner II Bauer stated yes, and accessory structures have a setback of five feet from a property line and they can't encroach on any easements. Commissioner Echols discussed adding caretakers' quarter to the condition. Deputy Director Griggs stated that a caretakers' quarters are separately defined. Mr. Provins stated that caretakers' quarters is allowed by right in the R-1 District. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-19. Commissioner Stockdick made the motion to approve the CUP, and Vice Chairperson Isenberg seconded the motion. Commissioner Stockdick made the amendment to the original motion to include a condition that whoever lives in the accessory dwelling unit is related to the person who lives in the primary dwelling unit, and Vice Chairperson Isenberg seconded the motion. Motion passed 4-0. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-20. Consideration and Possible Action - Conditional Use Permit Application: CUP 24-20 Public Hearing: A request by Keen Realty Management LLC., applicant, on behalf of BC Halik Business Park LLC., owner, for approval of a Conditional Use Permit (CUP) for a Studio or Learning Center for Fine or Performing Arts use within the Light Industrial (M-1) District, on approximately 7.6525 acres of land, to wit: Legal Description: Restricted Reserve "A", Block 1, Final Plat Dolen Estates, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 24, Page 143, of the Plat records of Brazoria County, Texas. General Location: 4407 Halik Street, Suite E300 & E500, Pearland, Texas. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the CUP request was for a dance fitness studio and that all classes would be inside the building. Mr. Bauer discussed that staff received 42 written requests in favor of the request, the history of the property, and the proposed site plan. Mr. Bauer stated that the CUP was not compatible with the industrial designation and the owner does not propose any expansion. Mr. Bauer pointed out that the CUP met five of the seven criteria of the UDC, and staff recommends approval. Applicant, Kassi Bolan at 2425 Londonderry Drive, Pearland, Texas 77581, was in attendance in - person in the PEDC Board Room to answer any questions for the P&Z Commission. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Chairperson Fuertes discussed the compatible use of the property. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-20. Commissioner Stockdick made the motion to approve the CUP and Commissioner Echols seconded the motion. Motion passed 4-0. DISCUSSION ITEMS 1. Introduction of New P&Z Commissioner, Thomas Echols. Commissioner Echols mentioned that he has been a resident of the City of Pearland since March 2022, was invited by the Council to serve, and is eager to contribute to the community where he resides. 2. City Council Update Report: Deputy Director Griggs stated that at the August 12, 2024, meeting, Council approved the second reading of ZONE 24-11, a zone change from Office & Professional (OP) District to General Commercial (GC) District located at Roy Road. Mr. Griggs discussed that Council approved the annexation of the property located at the intersection of Glenview Drive and DeLeon Lane. Chairperson Fuertes asked staff for an update on the Comprehensive Plan. Mr. Griggs discussed the final wrap up items of the Comprehensive Plan and that it will be sent to council in early September. 3. Commissioners Activity Report: None. 4. P&Z Regular Meeting: September 16, 2024. ADJOURNMENT Chairperson Fuertes adjourned the P&Z Regular meeting at 7:41 P.M. These minutes were respectfully submitted by: JnnniferDonlev Executive Assistant Minutes approved as submitted and/or corrected on this 16th day of September 2024. ~ Henry Fuertes, Planning & Zoning Chairperson