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2024-11-04 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, NOVEMBER 4, 2024, AT 6:30 PM IN COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Henry Fuertes opened the meeting for the P&Z Regular Meeting at 6:30 P.M. In attendance were: P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Derrell Isenberg P&Z Commissioner Thomas Echols P&Z Commissioner Trey Haskins P&Z Commissioner Jennifer Henrichs P&Z Commissioner John McDonald P&Z Commissioner Jenifer Ordeneaux 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, Planner II Patrick Bauer, Planner II Katie Peterson, 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 Henry Fuertes and Commissioner John McDonald from the October 7,2024, P&Z Regular Meeting. Consideration and Possible Action - Approval of Minutes - Approve the P&Z Regular Meeting minutes from October 7,2024. Chairperson Fuertes asked for the motion to approve the Consent Agenda. Commissioner Henrichs made the motion to approve the consent agenda, and Commissioner Echols seconded the motion. Motion passed 7-0. ITEMS REMOVED FROM THE CONSENT AGENDA None. NEW BUSINESS Chairperson Fuertes read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE24-16. Consideration and Possible Action - Zone Change Application: ZONE 24-16 Public Hearing: A request by Luis Perret and Quynh Nguyen, applicant and owner, for approval of a zone change for 4.9694 acres of land from General Commercial (GC) District to Single -Family Estate (R-E) District, to wit: Legal Description: Lot 4, Block 1, Final Plat of Ferri Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 19, Pages 75-76 of the Map Records of Brazoria County, Texas. General Location: North of Knapp Road, East of Main Street, Pearland, Texas. Planner II Peterson presented the staff report with exhibits. Ms. Peterson stated the request is for a zone change from the General Commercial (GC) District to the Single -Family Estate (R-E) District for three proposed single-family residential developments. Ms. Peterson discussed the R- E District regulations, that staff received eight written public comments in favor and one against the request, and the history of the property. Mrs. Peterson stated that the zone change meets two of the four criteria of the Unified Development Code (UDC), and that staff is unable to recommend approval. The applicant, Quynh Nguyen at 3531 Watzek Way, Pearland, Texas 77581, was in attendance in -person in Council Chambers to present to the P&Z Board. Mrs. Nguyen discussed the desire to build a home in Pearland, her outreach efforts to gain support from neighbors, and the proposed plan to subdivide the property into three lots, with a single-family dwelling on each lot. The applicant, Luis Perret at 3531 Watzek Way, Pearland, Texas 77581, was in attendance in - person in Council Chambers to present to the P&Z Board. Mr. Perret discussed his outreach to neighbors and nearby commercial properties regarding the request, the environmental sustainability of the proposed residential development, and the potential value the development will bring to the City of Pearland. Chairperson Fuertes called for public input. Resident, Brad Crain at 3801 Knapp Road, Pearland, Texas 77581, stated he was not in favor of the zone change request. Mr. Crain discussed his concerns about the neighborhood location, the heavy truck traffic in the area, and the industrial noise from the surrounding commercial areas. Commissioner Echols expressed concerns of a residential property in a commercial location. Commissioner McDonald noted that the Comprehensive Plan serves as a guide for future development in the city, highlighted one of the planning body's goals to diversify the tax base, and raised concerns about having a residential property near an industrial area. Vice Chairperson Isenberg pointed out that the Comprehensive Plan designates the land for industrial use and emphasized the issue of commercial noise disrupting residents. Commissioner Haskins asked staff whether there is a buffer requirement between the industrial and residential properties. Planner II Peterson confirmed that, regardless of the zoning, the UDC requires a buffer between industrial developments and single-family residences. Chairperson Fuertes explained that the P&Z Board's role is to assess the land based on its highest and best use, and that the R-E District may not be the best 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 — Zone Change Application: ZONE24-16. Vice Chairperson Isenberg made the motion to approve the zone change, and Commissioner Haskins seconded the motion. Motion failed 0-7. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Zone Change Application: ZONE 24-17. Consideration and Possible Action - Zone Change Application: ZONE 24-17 Public Hearing: A request by Millar Development, LLC., applicant and owner of an approximately 4.9176-acre tract of land at 11950 N. Spectrum, for approval of an amendment to the required side setback for all corner lots in the LNR Clear Creek Spectrum Planned Development Zoning District, to wit: Legal Description: All properties within the LNR Clear Creek Spectrum Planned Development Zoning District adopted by Ord. 509-718, Ord. 2000M-185, Ord. 2000M-231, Ord. 2000M-246, and Ord. 2000M-247. General Location: LNR Clear Creek Planned Development is generally located east and west of Kirby Drive, north of Fruge Road, south of Sam Houston Parkway and within the following plats: Endress+Hauser GC Regional Center Amending Plat No. 1, Lower Kirby Logistics Park, Tool Flo Business Park, Urban Spectrum Replat No. 1, Amerlux, MHI Amending Plat, and Project Heartbeat Campus Phase 2, PL2 Building Parking Extension, RePlat PL2 Building Parking Extension 2. Planner II Bauer presented the staff report, including exhibits. He explained that the proposed zone change seeks to amend the LNR Clear Creek Spectrum Planned Development (PD) by reducing the building setback for corner lots along all roadways, except those specified in Section 2(d)(6) of the PD, to accommodate the expansion of an existing building. Mr. Bauer noted that staff had not received any public comments either in favor of or against the request. He provided the property's history, discussed the corner lot and landscape easement requirements, and highlighted the proposed amendments to the LNR Clear Creek Spectrum PD. Mr. Bauer stated that the zone change meets all seven criteria of the UDC, and staff recommends approval. Applicant, Anne Stoker, Chief Operating Officer at Millar at 11950 North Spectrum Boulevard, Pearland, Texas 77047, was in attendance in -person in Council Chambers to present to the P&Z Board. Mr. Stoker explained that Millar is currently involved in several projects requiring a building expansion, and that the proposed setback adjustment would not impact the existing sidewalk. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Henrichs stated that she supports the change. Commissioner Haskins expressed support for the zoning change if it is set at the landscape easement line, but not inside the 25-foot easement. Vice Chair Isenberg indicated his approval of the zone change. Commissioner McDonald asked staff whether this applies only to corner lots adjacent to streets not named in the PD. Planner II Bauer explained the setback requirements for the LNR Clear Creek Spectrum PD. Commissioner McDonald also asked if staff anticipated any issues with future developments meeting these rules. Mr. Bauer stated that no issues were expected, as the focus would be along Hooper Road, and developments would still be required to meet landscaping and architectural standards, as with any other development. Commissioner Ordeneaux pointed out that the development is expected to bring 100 new jobs to the area and expressed support for the request. Commissioner Echols raised concerns about the 20-foot landscaping potentially creating traffic issues at the intersection. Mr. Bauer responded that staff tries to keep trees away from the corner clip at the intersection, and any proposed vegetation would be reviewed by staff before approval. Chairperson Fuertes also addressed the concern about vegetation obstructing visibility from a traffic safety perspective. 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 24-17. Commissioner McDonald made the motion to approve the zone change, and Commissioner Henrichs seconded the motion. Motion passed 6-1. Deputy City Attorney Provins explained that the P&Z rules allow anyone who votes 'no' to state the reason for their vote. Mr. Provins asked for clarification that Commissioner Haskins' reason for voting no was related to the setback not being 25 feet but did not want to make assumptions for the record. Commissioner Haskins responded, for the record that is correct. Chairperson Fuertes read into the record the item on Consideration and Possible Action — Conditional Use Permit Application: CUP 24-22. Consideration and Possible Action - Conditional Use Permit Application: CUP 24-22 Public Hearing: A request by Craig Graham, applicant, on behalf of Joseph Koza, owner, for approval of a Conditional Use Permit (CUP) for a Plant Nursery use within the Light Industrial (M-1) District, on approximately 3.03 acres of land, to wit: Legal Description: Being a 3.03-acre tract of land, also being called Tract 7A-7A1 in the H.T. & B.R.R. Co. Survey, Abstract 239, recorded in Volume 1437, Page 649 in the Deed records of Brazoria County, Texas. General Location: 2814 Main Street, Pearland, Texas. Deputy Director Griggs presented the staff report, including exhibits. Mr. Griggs explained that the Conditional Use Permit (CUP) is for a high -quality retail and wholesale plant nursery use. Mr. Griggs discussed the applicant's proposed improvements to the property, noted that staff had received three written public comments in favor of the request, provided a brief history of the property, and reviewed the proposed site plan. Mr. Griggs stated that the CUP meets all criteria of the UDC, and staff recommends approval. Applicant, Craig Graham, at 3913 Oak Wood North, Pearland, Texas 77581, was present in -person in Council Chambers to answer any question for the P&Z Board. Owner, Joseph Koza, at 2814 South Main Street, Pearland, Texas 77581, was in attendance in - person in Council Chambers to present to the P&Z Board. Mr. Koza stated that he supports Mr. Graham's business and is available to answer any questions from the P&Z Board. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioners Echols and Ordeneaux both expressed support for the CUP. Commissioner Haskins asked staff whether the CUP would require an update to the parking requirements. Deputy Director Griggs explained that with a change of use, improvements are only required if additional parking is needed or if the parking lot is in poor condition. Commissioner Henrichs stated that this was an excellent way to utilize the property and expressed support for the CUP. Chairperson Fuertes noted that repurposing empty buildings, even for different uses, is a good way to keep the area attractive. 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 24-22. Commissioner Ordeneaux made the motion to approve the proposed CUP and Commissioner Echols seconded the motion. Motion passed 7-0 DISCUSSION ITEMS 1. City Council Update Report: Deputy Director Griggs stated that, at City Council's October 28, 2024, meeting, the Council approved the second reading of the amendments to the Tree Preservation Ordinance. Mr. Griggs explained the council's decision to switch to an inch -for -inch method for calculating the mitigation fee and to increase the fee to $300 per inch. 2. Commissioner Activity Report: Vice Chairperson Isenberg discussed the need to address the location of trees in utility easements in the UDC rewrite, particularly considering Hurricane Beryl. Chairperson Fuertes noted that three P&Z Commissioners attended the City Council Special Meeting - CIP Update Series on October 28, 2024. 3. Improvements to Staff Reports: Deputy Director Griggs briefly asked the Commissioners to start recording suggestions for improving the staff reports, for a future input and discussion. 4. City Council and P&Z Joint Workshop: November 11, 2024 City Council and P&Z Joint Workshop: November 18, 2024 Next P&Z Regular Meeting: November 18, 2024 ADJOURNMENT Chairperson Fuertes adjourned the P&Z Regular meeting at 7:42 P.M. These minutes were respectfully submitted by: Jennifer Danley, Executive Assistant Minutes approved as submitted and/or corrected on this 18th day of November 2024. / Henry Fuedes.Planning & Zoning Chairperson