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2020-09-08 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, SEPTEMBER 8, 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 10:01 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 P&Z Commissioner Ronald Wicker Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner II Vince Hustead, Assistant City Engineer Parviz Pourazizian, 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. No Items for Consideration. NEW BUSINESS Chairperson Cade read into the record the items on Consideration and Possible Action — Preliminary Plat of Stewart Heights at Savannah Section 19. PLAT 20-00081. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF STEWART HEIGHTS AT SAVANNAH SECTION 19 PLAT 20-00081 A request of Jennifer Curtis, of META Planning and Design, the applicant; on behalf Brian Gibson of Savannah Development, LTD., owner; for approval of the Preliminary Plat of Stewart Heights at Savannah Section 19 creating 59 single family lots, and 6 reserves on ±14.0458 acres of land located in Fort Bend County north of Post Road. Legal Description: P&Z Regular Meeting Minutes August 17, 2020 Page 1 of 8 Being ± 14.058 acres of land containing 59 lots (50' x 120' type) and 6 reserve in two blocks out of the A. B. Langerman Survey, A-456, Fort Bend, County, Texas. General Location: Fort Bend County north of Post Road. Planner Hustead presented the staff report with exhibits and informed the commission that staff recommends approval of the requested preliminary plat: 1. The preliminary plat conforms to the UDC requirement for a preliminary plat. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Preliminary Plat of Stewart Heights at Savannah Section 19. PLAT 20-00081. Commissioner Wicker made the motion to approve, Commissioner Dansby seconded the motion. Motion passed 7-0 Chairperson Cade read into the record the items on Consideration and Possible Action — Preliminary Plat of Stewart Heights at Savannah Section 21. PLAT 20-00082. CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF STEWART HEIGHTS AT SAVANNAH SECTION 21 PLAT 20-00082 A request of Jennifer Curtis, of META Planning and Design, the applicant; on behalf Brian Gibson of Savannah Development, LTD., owner; for approval of the Preliminary Plat of Stewart Heights at Savannah Section 21 creating 66 single family lots, and 6 reserves on ±15.8258 acres of land located in Fort Bend County north of Post Road. Legal Description: Being ± 15.8258 acres of land containing 66 lots (50' x 120' type) and 6 reserves in three blocks out of the A. B. Langerman Survey, A-456, Fort Bend, County, Texas. General Location: Fort Bend County north of Post Road Planner Hustead presented the staff report with exhibits and informed the commission that staff recommends approval of the requested preliminary plat: 1. The preliminary plat conforms to the UDC requirement for a preliminary plat. No further discussion from Staff, P&Z Commission or Public input. P&Z Regular Meeting Minutes August 17, 2020 Page 2 of 8 Chairperson Cade read into the record the items on Consideration and Possible Action — Preliminary Plat of Stewart Heights at Savannah Section 21. PLAT 20-00082. Commissioner Boswell made a motion to approve, Commissioner Dansby seconded the motion. Motion passed 7-0 Chairperson Cade read into the record the items on Consideration and Possible Action — Replat Williams Estates Replat No 1. Plat 20-00079. CONSIDERATION AND POSSIBLE ACTION — REPLAT WILLIAMS ESTATES REPLAT NO 1 PLAT 20-00079 A request of Donna Eckels of Pro-Surv, the applicant; on behalf of Khan Nguyen Hai Phan, owner; for approval of the Replat of Williams Estates Replat No 1, creating 1 lot on 0.9384 acres of land located at 1403 Stone Road, described to wit: Legal Description: Aa subdivision containing 0.9384 acres being all of Lot 1 Block 1 of Williams Estate recorded under Brazoria County Clerk's File No. 2012057340 of the map/ plat records of Brazoria County, Texas and 0.1202 acres in Lot 1 of Allison Richey Gulf Coast Home Company Subdivision of the H.T.&B.R.R. Co. Survey No. 10, Abstract 505, Brazoria County, Texas Location: 1403 Stone Road Planner Hustead presented the staff report with exhibits and informed the commission that the plat would be adding a small parcel of land to the existing lot and will turn the property into a corner lot. Planner Hustead stated that staff recommends approval of this replat as proposed by the applicant for the following reason: 1. The replat conforms to the UDC requirement for a replat. Public Input: The applicant, Donna Eckels of Pro-Surv, stated that she spoke with Mr. Bowers, a near by property owner and that he wanted more information about how the property was going to be developed. Donna Eckels was available for any further questions regarding the replat. Steve Bowers signed up to speak. His Daughter-In-Law Linda Bowers spoke for his property and hers. She lives next door to the property and Mr. Bowers lives on the other side of the property. She voiced concern that adding a house and dirt to this property will increase flooding on her property. Assistant City Engineer Pourazizian informed Ms. Bowers that throughout the permit reviewing process there would be a drainage requirement to help with flooding mitigation. Commissioner Dansby asked staff if a house could be built on this piece of land whether it is replated. Planning Manager Griggs stated that a house could have been built without the replat, but now the residence will have access from Stone Road or Brookside Road. P&Z Regular Meeting Minutes August 17, 2020 Page 3 of 8 No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Replat Williams Estates Replat No 1. PLAT 20-00079. Commissioner Wicker made a motion to approve, Vice Chairperson Fuertes seconded the motion. Motion passed 7-0 Chairperson Cade read into the record the items on Consideration and Possible Action — Replat Lots 7 & 8, Block 2 Buena Vida Subdivision. Plat 20-00084. CONSIDERATION AND POSSIBLE ACTION — REPLAT LOTS 7 & 8, BLOCK 2 BUENA VIDA SUBDIVISION PLAT 20-00084 A request of Frank Southall of Cobalt Engineering & Inspections, the applicant; on behalf of Margarita G. Uresti, owner; for approval of the Replat of Lots 7 & 8, Block 2 Buena Vida Subdivision, creating 1 lot on 0.40 acres of land located at 5726 Cantu Street, described to wit: Legal Description: Being a replat of Lots 7 & 8 (0.40 acres, 17,484 square feet), Block 2 of Buena Vida Subdivision in the "City of Pearland" recorded in Volume 8, page 68 of the plat records of Brazoria County, Texas being the same tract of land conveyed to Eradio C. and Margarita G. Uresti recorded in Volume 1131, Page 127, of the Deed Records of Brazoria County, Texas Location: 5726 Cantu Street Planner Hustead presented the staff report with exhibits and stated that the applicant is taking two existing lots, combining them into one lot. Planner Hustead informed the commission that staff recommends approval of the requested preliminary plat: 1. The replat conforms to the UDC requirement for a replat. Commissioner Dansby noted that it says Cantu Street in the report and Cantu Road on Brazoria County CAD. Chairperson Cade stated that Google Earth also lists the property as Cantu Road. Deputy City Attorney Provins and Planning Manager Griggs informed the commission that for the purpose of this discussion the address on the plat will be used and that the original plat used Cantu Street. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Replat Lots 7&8, Block 2 Buena Vida Subdivision. Plat 20-00084. Commissioner Boswell made a motion to approve, Vice Chairperson Fuertes seconded the motion. Motion passed 7-0 P&Z Regular Meeting Minutes August 17, 2020 Page 4 of 8 Chairperson Cade read into the record the items on Consideration and Possible Action — Replat of Tract 12, Block One Ryan Acres. PLAT 20-00083. CONSIDERATION AND POSSIBLE ACTION — REPLAT OF TRACT 12, BLOCK ONE RYAN ACRES PLAT 20-00083 A request of Chris L. Hendrick of The Wilson Survey Group, the applicant; on behalf of Chau T. Nguyen and Thanh Chi Nguyen, owners; for approval of the Replat of Tract 12, Block One Ryan Acres creating 2 lots on 1.054 acres of land located at 5405 Magnolia Parkway, described to wit: Legal Description: A Subdivision of 1.054 acres located in the H.T. & B.R.R. Co. Survey, Abstract No. 240 in the City of Pearland, Brazoria County, Texas. Location: 5405 Magnolia Parkway Planner Hustead presented the staff report with exhibits and stated that the applicant is taking one existing lot and dividing it into one lot. Planner Hustead informed the commission that staff recommends approval of the requested preliminary plat: 1. The replat conforms to the UDC requirement for a replat. Public Input: Applicants Chan Nguyen and Thanh Nguyen signed up to speak. Thanh Nguyen stated that he wanted to build a separate home for his in-laws near his home. Vice Chairperson Fuertes asked if this replat conforms to the zone that it is in and if the lots are big enough, once split. Planning Manager Griggs confirmed that both lot sizes are well over the minimum lot size. Commissioner Dansby asked if anyone signed up to speak against this case. Deputy City Attorney Provins stated that for the record, no one signed up to speak for or against this case. Commissioner Henrichs asked if the residents plan on accessing lot 12A through the private access easement. Planner Hustead confirmed that they do, because the city limits driveway_spacing on major thoroughfares like Magnolia Parkway. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Replat of Tract 12, Block One Ryan Acres. PLAT 20-00083. Vice Chairperson Fuertes made a motion to approve, Commissioner Earles seconded the motion. Motion passed 7-0 Chairperson Cade read into the record the items on Consideration and Possible Action — Zone Change Application Number ZONE 20-00003. P&Z Regular Meeting Minutes August 17, 2020 Page 5of8 CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NUMBER ZONE 20-00003 A request by Jerald Equina, applicant, on behalf of Joseph Manarang and Enrico Belarga, owners, for approval of a zoning change from Residential Estate (RE) District to Office & Professional (OP) District, on approximately 3.00 acres of land; to wit: Legal Description: The north 3.00 acres of Lot 56, of Figland Orchard Subdivision out of the H.T. & B.R.R. CO. Survey, Section 13, Abstract 240, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 30, Page 77 of the Brazoria County Plat Records, Texas. General Location: 3202 Wagon Trail Road, Pearland, Texas Planning Manager Griggs presented the staff report and stated that this item was discussed at JPH earlier. Brandon Buckmaster signed up to speak at this meeting but was not at his computer at the time of discussion. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Zone Change Application Number ZONE 20-00003. Commissioner Boswell made a motion to approve, Vice Chairperson Fuertes seconded the motion. Motion failed 6-1 Commissioner Earles was the minority vote and stated that he voted in favor of this zone change because he did not see anything wrong with the zone change. Chairperson Cade read into the record the items on Consideration and Possible Action — Zone Change Application Number ZONE 20-00005 Commissioner Dansby stated that he had a conflict of interest with the applicant and would be abstaining from discussion and voting on the following item. CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION NUMBER ZONE 20-00005 A request by Nick Mota, MMSN Enterprise of Texas #2 LLC, applicant, on behalf of Deborah Simpson, owner, for approval of a zoning change from Suburban Residential-12 (SR-12) District to General Business (GB) District, on approximately 7.313 acres of land; to wit: Legal Description: P&Z Regular Meeting Minutes August 17, 2020 Page 6 of 8 Being a portion of Lot Thirty-One (31) of the Allison Richey Coast Home Company's Subdivision of the H.T. & B.R.R. Co. Survey, Section Ten (10), Abstract 505, in Brazoria County, Texas, according to the Map of record in Volume 2, Page 23, Plat Records of Brazoria County, Texas, Save and Except therefrom that certain 2.687 acres (117,042 square feet) as was conveyed to the City of Pearland, Texas, by virtue of Deed recorded under Brazoria County Clerk's File No. 2019004567. General Location: 1636 Max Road, Pearland, Texas. Planning Manager Griggs presented the staff report and stated that this item was discussed at JPH earlier. He informed the commission that this property was proposed to be rezoned from SR- 12 to GB and that the property will be split into two pieces by the extension of McHard Road. The applicant Nick Mota was available for any questions the commission. Vice Chairperson Fuertes asked when Max Road will be extended through this property. Planning Manager Griggs stated that Assistant City Engineer Pourazizian does not have a confirmed date when Max Road will be extended through the property by Capital Improvement Projects. Commissioner Wicker wanted to confirm that the right of way for McHard has already been acquired, since Max Road is proposed to be a major thoroughfare. Assistant City Engineer Pourazizian stated that yes that the city does have an alignment. Vice Chairperson Fuertes is concerned that the commission is about to zone a property commercial, not knowing if or when the property is going to happen. No further discussion from Staff, P&Z Commission or Public input. Chairperson Cade read into the record the items on Consideration and Possible Action — Zone Change Application Number ZONE 20-00005. Vice Chairperson Fuertes made a motion to approve, Commissioner Boswell seconded the motion. Commissioner Dansby abstained from the vote due to a personal interest being involved. Motion passed 6-0-1 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 P SSIBE ACTION — TEXT AMENDMENTS TO THE UNIFIED DEVELOPME,I C 5 E (tid0)420110 3 A request of the City of Pearland, fOr proposed amendments to the Unified Development Code, Ordinance No. 2000T, to include the following: 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. P&Z Regular Meeting Minutes August 17, 2020 Page 7 of 8 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. 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 table these amendments for additional information based on the comments from the JPH, Commissioner Earles seconded the motion. Motion passed 7-0 DISCUSSION ITEMS 1. Commissioners Activity Report — Chairperson Cade introduced Commissioner Henrichs to the commission. 2. Next P&Z Regular Meeting — September 21, 2020 ADJOURNMENT Chairperson Cade adjourned the P&Z Regular meeting at 11:02 P.M. These minutes were respectfully submitted by: Shelby Lowe Offic ssistant Minutes approved as submitted and/or corrected on this 21st day of September 2020, A.D. Or, ayni .e, Planning & Zoning Chairperson P&Z Regular Meeting Minutes August 17, 2020 Page 8 of 8