2022-01-03 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING VIA IN -PERSON OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY JANUARY 3, 2022, AT 6:30
P .M. HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson Henry Fuertes opened the meeting for the P&Z Regular Meeting at 6:34 P.M.
In attendance were:
P &Z Chairperson Henry Fuertes
P &Z Vice Chairperson Brandon Dansby
P &Z Commissioner Ashlee Boswell
P &Z Commissioner Layni Cade
Also, present were Deputy City Attorney Lawrence Provins, City Engineer Rajendra Shrestha,
P lanning Manager Martin Griggs, Senior Planner Mohamed Bireima, Planner II Florence Buaku
and Office Assistant Shelby Lowe.
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 — EXCUSED ABSENCE
Excuse the absences of P&Z Commissioner Brandon Dansby and Derrell Isenberg from the
December 13, 2021 P&Z Regular Meeting.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from December 13, 2021.
CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00082: PRELIMINARY PLAT OF
MASSEY OAKS HARKEY ROAD STREET DEDICATION
A request of Andrew Lang, of BGE the applicant; on behalf of Massey Oaks Development, LP,
owner; for approval of the Preliminary Plat of Massey Oaks Harkey Road Street Dedication
P ection 1 dedicating a 100 foot wide section of street right of way with 3 reserves for Harkey Road
on ± 7.61 acres of land located south of Old Massey Ranch Road.
Legal Description: A subdivision of 7.61 acres of land located in the H. Stevens survey, A-593,
City of Pearland, Brazoria County, Texas.
General Location: Harkey Road from Old Massey Ranch Road south.
Vice Chairperson Dansby made the motion to remove Item C from the Consent Agenda.
Chairperson Fuertes read into the record the items on the Consent Agenda.
Motion passed 4-0.
ITEMS REMOVED FROM THE CONSENT AGENDA
CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00082: PRELIMINARY PLAT OF
MASSEY OAKS HARKEY ROAD STREET DEDICATION
A request of Andrew Lang, of BGE, the applicant; on behalf of Massey Oaks Development, LP,
owner; for approval of the Preliminary Plat of Massey Oaks Harkey Road Street Dedication
S ection 1 dedicating a 100 foot wide section of street right of way with 3 reserves for Harkey Road
on ± 7.61 acres of land located south of Old Massey Ranch Road.
Legal Description: A subdivision of 7.61 acres of land located in the H. Stevens survey, A-593,
City of Pearland, Brazoria County, Texas.
General Location: Harkey Road from Old Massey Ranch Road south.
N o action taken due to lack of quorum by the P&Z Commission.
N EW BUSINESS
Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP
21-00013: Variances from Lot Width, Lot Area, 3:1 Lot Depth to Width Ratio and Irregular Lot
S hape in the M-1 District.
CONSIDERATION AND POSSIBLE ACTION — VARP 21-00013: VARIANCES FROM LOT
WIDTH, LOT AREA, 3 1 LOT DEPTH TO WIDTH RATIO, AND IRREGULAR LOT SHAPE IN
THE M-1 DISTRICT
Public Hearing: A request by Cool the Air LLC, applicant, and owner, for approval of a Variance
Permitted in Section 2 6.1.1 (b)(1) of the Unified Development Code, Ordinance No. 2000-T, from
S ection 2 4 2 4(c) to allow the creation of a lot that is less than the minimum lot area requirement
in the M-1 District and from Section 3.2.14.2(c) to allow the platting of an irregular shaped lot
described to wit:
Legal Description: 0.8513 acres (37 082 SF) of land, being Lot B of Magnolia Business Park,
recorded in Volume 18, Pages 39-40 B.C.P.R in the A.C.H & B Survey Abstract 147, Brazoria
County, Texas.
General Location: North and West of 3426 Main Street, Pearland.
P lanner II Buaku presented the staff report with exhibits. Planner II Buaku informed the P&Z
Commission that these variances do not conform to the UDC. Staff does not recommend approval
due to:
1. The remnant piece was created as a result of an improper metes and bounds subdivision
of land.
2. Staff believes that the shape of the land makes it difficult to meet all development
standards for developing a lot in the Light Industrial (M-1) District. According to Section
3.2.14.2 (c) of the UDC, the City reserves the right to disapprove any lot which, in its sole
opinion, will not be suitable or desirable for the purpose intended. Initial review of
preliminary site plans shows challenges with turning radii for fire access and the need for
agreement with adjacent property for fire trucks to turn. Detention for the proposed
development also requires agreement with adjacent property owners or other non-
traditional means of storm water management.
3. The UDC Section 3.2.14.2(e) calls for the avoidance of double frontage lots except where
they may be essential to provide separation of residential development from major
thoroughfares, or to overcome a specific disadvantage or hardship imposed by topography
or other factors. This lot has frontage on two major thoroughfares: Main Street and
Magnolia Street.
Staff recommends that if the P&Z Commission chooses to approve these variances that the
approval of the variances are conditioned on the following:
1. The platting of the lot together with adjacent unplatted detention pond.
2. The ability of the applicant to submit an approvable site plan or secure any necessary
agreements with the adjacent property owner to meet development regulations.
Applicant, Juan Cuevas with Cool the Air, LLC at 120 Canal Drive, Friendswood, Texas 77546,
was in attendance in -person in Council Chambers to present to the P&Z Commission. Mr. Cuevas
stated that he has owned this lot for a while and explained the benefits of having a warehouse
and his business being located on this lot. He stated that if these variances were approved that
he would work with his civil engineer and architect to be able to make use of this lot while also
satisfying the City of Pearland's requirements
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Boswell said that she is concerned that staff is not recommending approval of
these variances and asked Mr. Cuevas if he would comply with staff's requirements and
recommendations. Mr. Cuevas replied that he would comply and has been granted a zoning
variance by the Zoning Board of Adjustments. Vice Chairperson Dansby asked if the variance
would stay with just the applicant or the land Planning Manager Griggs replied that the variance
would be active until the plat is recorded Vice Chairperson Dansby stated that there are
significant issues with this lot and would not vote in favor for the variances. Planning Manager
Griggs stated that the lot area and size are not the issue, the issues are the double frontage lot,
the common ownership agreement of the detention pond so the property should be properly
platted to include the gas station and the detention pond to shaped as a regular lot. Chairperson
Fuertes stated that some parcels in Pearland can be difficult to develop and he doesn't want to
see this parcel not developed in the future. Mr. Cuevas said that he is open to different site plans
and purchasing neighboring land in the future. Commissioner Boswell stated that this irregular lot
shape is a self-created issue. Chairperson Fuertes stated that he agrees with Commissioner
Boswell and suggested working on attaining more neighboring land.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible Action —VARP
21-00013: Variances from Lot Width, Lot Area, 3:1 Lot Depth to Width Ratio, and Irregular Lot
Shape in the M-1 District. Vice Chairperson Dansby made the motion to approve, Commissioner
Cade seconded the motion.
Motion failed 0 4.
Chairperson Fuertes read into the record the items on Consideration and Possible Action —VARP
21-00014: Variance to Allow the Platting of a Lot that Exceeds the Minimum 3.1 Lot Depth to Lot
Width Ratio.
CONSIDERATION AND POSSIBLE ACTION — VARP 21-00014: VARIANCE TO ALLOW THE
P LATTING OF A LOT THAT EXCEEDS THE MINIMUM 3:1 LOT DEPTH TO LOT WIDTH
RATIO
Public Hearing: A request Windrose Land Services, applicant; on behalf of BHVA Real Estate
Holdings LLC, owner; for approval of a Variance Permitted in Section 2.6.1.1 (b)(1) of the Unified
Development Code, Ordinance No. 2000-T, from Section 3.2.14 2 to allow the creation of a lot
exceeds the 3:1 Lot Depth to Lot Width Ratio described to wit:
Legal Description: A Subdivision of 9.7197 Acres (423,389 sf) situated in the R.T. Blackburn
S urvey, Abstract No. 160, City of Pearland, Harris County, Texas.
General Location: East of Almeda School Road, Pearland.
P lanner II Buaku presented the staff report with exhibits. Planner II Buaku informed the P&Z
Commission that this variance does conform to the UDC Staff does recommend approval.
Applicant Representative, Amber Whiting with Windrose Land Services at 11111 Richmond
Avenue, Suite 150, Houston, Texas 77082, was in attendance in person in Council Chambers to
present to the P&Z Commission. Ms. Whiting stated that would be representing the applicant
since the project manager for the variance was not feeling well. She said the landowner owns the
land to the north as well, they were originally going to plat all 35 acres together, but they ran into
engineering issues, so they decided to only plat the 9 acres
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Vice Chairperson Dansby stated that area is challenging. Chairperson Fuertes asked staff about
the variance for the land ratio, since the property owner also owns the land to the north and the
south of this property. Planning Manager Griggs the variances ratio normally refers to the utilities
and this property will be on their own utilities and located in the City of Pearland.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP
21-00014• Variance to Allow the Platting of a Lot that Exceeds the Minimum 3 1 Lot Depth to Lot
Width Ratio. Commissioner Boswell made the motion to approve Vice Chairperson Dansby
seconded the motion.
Motion passed 4-0.
Chairperson Fuertes read into the record the items on Commission Input and Discussion
Conditional Use Permit Application: CUP 21-00037.
COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP
21-00037
P ublic Hearing: A request by Lumin Mills, applicant, on behalf of KDTC Investments LLC, owner,
for approval of a Conditional Use Permit (CUP) for Massage Establishment use within the General
Business (GB) District, to accommodate a full body massage establishment within the existing
building on the subject property, on approximately 0.4784 acres of land, to wit:
Legal Description: Being Tracts I & II in Tract "C" of a Subdivision of Section No. 1, A.C.H. &
B.R.R. Co. Survey, Abstract No 147 of Brazoria County, Texas.
General Location: 3526 Broadway Street, Pearland, Texas.
S enior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed
the commission that the requested conditional use permit does conform to the requirements of
the UDC. Senior Planner Bireima shared the history of this massage establishment including the
o riginal CUP that was granted for a different owner for only foot massage, the massage
e stablishment's existing conditions and a total of four code violations. Staff does not recommend
approval due to the code violations.
Applicant, Lumin Mills at 3526 Broadway Street, Pearland, Texas 77581, was in attendance in -
person in Council Chambers.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Cade said that she would not be in favor of this CUP application and is bothered
by the residential use. Commissioner Boswell asked Ms. Mills what her relationship with the
previous owner is. Ms. Mills stated that there is no relationship between her and the previous
owner. Commissioner Boswell asked Ms. Mills what her experience is with massage and
business. Ms. Mills replied that this is her first time operating her own massage establishment
and she has six years of massage experience Commissioner Boswell asked Ms. Mills how she
took over the business from the previous owner. Ms. Mills stated that the previous owner listed
the business for sale and Ms Mills called her and sold the business to her and have no further
relationship. Commissioner Boswell asked Ms. Mills if she was aware of all the code violations.
Ms. Mills stated that she was not aware of any previous violations prior to her obtaining the
business but she is aware of the violations that occurred under her ownership. Commissioner
Boswell and Vice Chairperson Dansby stated that they would not be in support for this CUP
application. The P&Z Commission and staff discussed the current state of the code violations.
Commissioner Cade asked Ms. Mills what the lounge use is regarding the site plan. Ms. Mills
stated that it is a kitchen area with only a microwave next to the restroom and storage closet.
All P&Z Commissioners would recommend denial for this CUP application.
N o further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible Action Unified Development Code Amendments (2000T-36).
CONSIDERATION AND POSSIBLE ACTION — UNIFIED DEVELOPMENT CODE
AMENDMENTS (2000T-36)
P ublic Hearing: A request by the City of Pearland, applicant, for approval of proposed
amendments to the Unified Development Code, Ordinance No. 2000T, to include:
1. Amendments to Chapter 2, Section 2 5 2 1, the Residential Land Use Matrix, and Chapter
2, Section 2.5 2.2, the Non -Residential Land Use Matrix, to change or add new land uses
to the table and the zoning districts that would allow them by right (P) or by Conditional
Use Permit (C), including Alternative Financial Services, Cigars or Tobacco Store (Retail
Only) Vape, Smoke or Head shops (Retail Only), Cannabidiol (CBD) Retail, Mini-
Warehouse/Self Storage, Studio or Learning Center for Fine or Performing Arts Dwelling
—Four-Family (Quadruplex), Auto Glass Repair/Tinting and Auto Interior Shop/Upholstery.
2. Amendments to Chapter 2, Section 2.5.3.2 Regulations Specific to Use, to add additional
regulations specific to certain land uses, including Alternative Financial Services, Cigars
or Tobacco Store (Retail Only), Vape, Smoke, or Head shops (Retail Only), Cannabidiol
(CBD) Retail, and Mini-Warehouse/Self Storage.
3. Amendments to Chapter 5, Section 5.1.1 1, General Definitions, to redefine certain land
uses or create definitions for new land uses in the Land Use Matrices, including Alternative
Financial Services, Cigars or Tobacco Store (Retail Only), Vape, Smoke, or Head shops
(Retail Only), and Cannabidiol (CBD) Retail.
P lanning Manager Griggs presented the staff report with exhibits.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
N o further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible Action Unified Development Code Amendments (2000T-36). Vice Chairperson Dansby made the motion
to approve Exhibit C-1: City Council Requested Amendments, Commissioner Cade seconded the
motion.
Motion failed 1-3.
Chairperson Fuertes read into the record the items on Consideration and Possible Action —
Unified Development Code Amendments (2000T-36). Vice Chairperson Dansby made the motion
to approve Exhibit C-2: Planning and Zoning Recommended Amendments with added clarification
from Slide 45 on the definition of Vape, Smoke, or Head shops, Commissioner Boswell seconded
the motion.
Motion passed 3-1.
Commissioner Cade stated that she voted against Exhibit C-2 because she is opposed to vape
shops being in the General Commerical (GC) zoning district.
Chairperson Fuertes read into the record the items on Consideration and Possible Action Unified Development Code Amendments (2000T-36). Vice Chairperson Dansby made the motion
to approve Exhibit C-3: Planning and Zoning and Staff Initiated Amendments, Commissioner
Cade seconded the motion.
Motion passed 3-1.
Commissioner Cade stated that she voted against Exhibit C-3 for the same reason.
DISCUSSION ITEMS
1. Commissioners Activity Report — Planning Manager Griggs informed the P&Z
Commissioners that Place Type Preferences are available on Pearland2040.com.
2 Next P&Z Regular Meeting: February 7, 2022
ADJOURNMENT
Chairperson Fuertes adjourned the P&Z Regular meeting at 8:05 P.M.
These minutes were respectfully submitted by:
Cq.AA Shelby L� e, Office Assistant
Minutes approved as submitted and/or corrected on this 7th day of February 2022, A.D
Henry uertes, Planning & Zoning Chairperson