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2020-10-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA TELEPHONE/VIDEO CONFERENCE OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TUESDAY, OCTOBER 19, 2020 AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER Chairperson Layni Cade opened the meeting for the P&Z Regular Meeting at 8:21 P.M. In attendance were: P&Z Chairperson Layni Cade P&Z Vice Chairperson Henry Fuertes P&Z Commissioner Ashlee Boswell P&Z Commissioner Brandon K. Dansby P&Z Commissioner Andrew B. Earles P&Z Commissioner Jennifer Henrichs Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Assistant Director of Engineering Rajendra Shrestha, and Office Assistant Shelby Lowe. Chairperson Cade read into the record the items on the consent agenda. CONSENT AGENDA All items listed under the "Consent Agenda" are considered to be routine and require little or no deliberation by the P&Z 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 & POSSIBLE ACTION —APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from October 05, 2020. Commissioner Dansby made the motion to approve the P&Z Regular Meeting minutes from October 05, 2020. Vice Chairperson Fuertes seconded the motion. Motion passed 6-0 ITEMS REMOVED FROM THE CONSENT AGENDA No items to review. NEW BUSINESS Chairperson Cade read into the record the items on Consideration and Possible Action - Final ZONE 20-00006. P&Z Regular Meeting Minutes October 19, 2020 Page 1 of 5 CONSIDERATION AND POSSIBLE ACTION —ZONE 20-00006 A request by Alan Mueller, applicant, on behalf of Massey Oaks Development LP, owner, for approval of a Planned Development Amendment to the Massey Oaks Planned Development District, a single-family residential development, on approximately 356.868 acres of land; to wit: Legal Description: Tract (1): A tract of land containing 105.057 acres (4,576,272 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 105.057 acres tract being a portion of a called 138.83-acre tract recorded in the name of Margurite Massey Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's File No. 2010013347. Tract (2): A tract of land containing 33.298 acres (1,450,469 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 33.298-acre tract being a portion of a called 138.83-acre tract recorded in the name of Margurite Massey Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's File No. 2010013347. Tract (3): A tract of land containing 14.952 acres (651,290 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 14.952-acres tract being a portion of a called 5.00-acre tract recorded in the name of Lois Winifrede Summers in Volume 1775, Page 250 of the Brazoria County Deeds Records, all of a called 5.00-acre tract recorded in the name of William Stephen Summers and wife, Lois Winifrede Summers in Volume 1318, Page 700 of the Brazoria County Deeds Records; and a portion of a called 5.00-acre tract recorded in the name of Lois Winifrede Summers in Volume 1775, Page 248 of the Brazoria County Deeds Records. Tract (4): A tract of land containing 55.539 acres (2,419,282 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 55.539-acres tract being all of a called 10.55-acre tract recorded in the name of Lois Smith Summers in Brazoria County Clerk's File No. 2013052681, and all of 45.00 acre tract recorded in the name of Lois Smith Summers in Brazoria County Clerk's File No. 2013052682. Tract (5): A tract of land containing 3.159 acres (137,584 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 3.159-acres tract being a portion of a called 4.45-acre tract recorded in the name of Lois Smith Summers in Brazoria County Clerk's File No. 2013052682. Tract (8A): A tract of land containing 72.279 acres (3,148,490 square feet), located within the C.W. Groos Survey, Abstract 525 in Brazoria County, Texas; Said 72.279-acres tract being a portion of a called 160-acre tract recorded in the name of Richard Rogers in Volume 103, Page 371 of the Brazoria County Deeds Records. Tract (8B): A tract of land containing 72.584 acres (3,161,737 square feet), located within the C.W. Groos Survey, Abstract 525 in Brazoria County, Texas; Said 72.584-acres tract being a portion of a called 160-acre tract recorded in the name of Richard Rogers in Volume 103, Page 371 of the Brazoria County Deeds Records. General Location: South side of McKeever Road (County Road 100), beginning approximately 2900 feet east of FM 1128, extending east to the southwest corner of the intersection of McKeever and Harkey Roads, Pearland, TX. Senior Planner Bireima presented the staff report with exhibits and informed the commission that this is a request to amend an existing Planned Development. Senior Planner Bireima stated that the Massey Oaks Development submitted their Planned Development application in 2017. Staff did present this case at the Joint Public Hearing earlier in the evening with six proposed P&Z Regular Meeting Minutes October 19, 2020 Page 2 of 5 amendments. Planning Manager Griggs informed the commission that there is normally a new design plan presented with amendment's since they will be increasing the number of residential units. Vice Chairperson Fuertes will not be participating with this item due personal interest. Commissioner Dansby stated that he agreed with City Council Member Perez about the need for a fence exhibit. Commissioner Henrichs stated that she is still concerned about the water utilities working properly for this development. Chairperson Cade agreed as well with City Council Member Perez about all the outer walls being the same material and noted that it would be the Home Owners Associations reasonability to maintain. Deputy City Attorney Provins asked Chairperson Cade if she would like to move forward with the amendment or ask that the fencing be enhanced in the development agreement. Chairperson Cade stated that she does not have a problem with the development but would like to see consistency in the fencing. Planning Manager Griggs stated that in the Join Public Hearing earlier in the evening the developers agreed that Harkey Road would abut a masonry wall. Commissioner Henrichs stated that she would want to vote in favor for this PD amendment if she knew that someone would take care of the water flow eventually. Deputy City Attorney Provins replied that this is a zone change and not a development agreement and only the development agreement would address utility concerns. He did inform Commissioner Henrichs that City Council would be revising the amendment to the development agreement. Allen Muller and Paul Groman spoke to the commission regarding the Massey Oaks Planned Development. All the commissioners agreed to move forward. No further discussion from Staff, P&Z Commission or Public input. Commissioner Dansby made the motion to amend the proposed Planned Development Zone Change to reflect staff recommendation to approve recommendations 1-6 with the discussed change for recommendation 3 to allow Hastings Cannon Road an enhanced wood fence and Harkey Road as a masonry fence. Commissioner Boswell seconded the motion. Motion passed 1-4 Chairperson Cade read into the record the items on Consideration and Possible Action — Final ZONE 20-00006. Commissioner Dansby made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 5-0 Chairperson Cade read into the record the items on Consideration and Possible Action — Text Amendments to the Unified Development Code (UDC): 2000-T-33: CONSIDERATION AND POSSIBLE ACTION — Text Amendments to the Unified Development Code (UDC): 2000-T-33: A request of the City of Pearland, for proposed amendments to the Unified Development Code, Ordinance No. 2000T, to include the following: P&Z Regular Meeting Minutes October 19, 2020 Page 3 of 5 1. Amendments to Section 2.4.4.7(d) and Section 2.4.4.8(d), to allow for greater building heights within the Light Industrial (M-1) and Heavy Industrial (M-2) zoning districts in conjunction with providing greater building setbacks measured from property boundaries. 2. Amendments to Sections 2.4.3.1.(I), 2.4.4.1(k), 2.4.4.3(g), 2.4.5.1(h) 4.2.1.3(p), to establish maximum height for outdoor lighting and maximum intensity for outdoor lighting at the property boundaries of non-residential zoning districts abutting residential zoning districts. 3. Amendments to Section 4.2.4.1(a) Screening — Nonresidential and Multiple Family Screening Required (New Construction), to include, regulations of required screening materials and density of plantings. 4. Amendments to Section 4.2.4.1 — Screening, to allow detentions ponds to occupy no more than 50% of required landscape buffers adjacent to residential zoning districts. Planning Manager Griggs last spoke about these amendments in August and was tabled by the commission for more information. Planning Manager Griggs added additional information on each proposed amendment: 1. No additional information to add. 2. This is a request to add more information and a pole height maximum. This is to prevent light trespassing on to neighboring properties. This is used in number 22 and 23 to not cast light beyond a property. It should not exceed 20 feet. 3. This is to clarify opaque vs. semi-opaque and to also increase the 25-foot-wide and require a minimum 4-foot height for shrubbery in the buffer. 4. This amendment is so the trees don't interfere with the detention pond or existing residential fences. 50 % was used as an easy number to understand. Staff goal was to establish a minimum area for trees to exist outside of the detention pond slope. Vice Chairperson Fuertes likes number 1-3 but is not in favor for number 4. Vice Chairperson Fuertes mentioned that in Shadow Creek Ranch that there are trees near the detention pond. Planning Manager Griggs explained that the trees in future detention ponds like Shadow Creek would remain acceptable and that this amendment would not affect placing trees in that fashion in detention areas. Therefore, Vice Chairperson Fuertes did not propose an amendment. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Text Amendments to the Unified Development Code (UDC): 2000-T-33: Commissioner Boswell made the motion to approve, Vice Chairperson Fuertes seconded the motion. Motion passed 6-0 DISCUSSION ITEMS 1. APA Virtual Cross-Chapter Collaborative 2020 Discussion — Chairperson Cade, Commissioner Boswell and Planning Manager Griggs engaged in a short discussion about the APA Virtual Cross-Chapter Collaborative that they attended earlier in the month. Chairperson Cade stated by the end of this week the presentation should be made available to share online. P&Z Regular Meeting Minutes October 19, 2020 Page 4 of 5 2. Commissioners Activity Report— No discussion. 3. Next P&Z Regular Meeting — November 2, 2020. ADJOURNMENT Chairperson Cade adjourned the P&Z Regular meeting at 9:38 P.M. These minutes were respectfully submitted by: C(k le by we, O ce Assistant Minutes approved as submitted and/or corrected on this 2nd day of November 2020, A.D. / i 1 1, , Layni fide, Planning & Zoning Chairperson P&Z Regular Meeting Minutes October 19, 2020 Page 5 of 5