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2022-09-19 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA IN-PERSON OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, SEPTEMBER 19, 2022, AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER Vice Chairperson Henry Fuertes opened the meeting for the P&Z Regular Meeting at 6:33 P.M. In attendance were: P&Z Vice Chairperson Henry Fuertes P&Z Commissioner Ashlee Boswell P&Z Commissioner Andrew Earles P&Z Commissioner Jennifer Henrichs P&Z Commissioner Angela McCathran P&Z Commissioner Derrell Isenberg Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz Pourazizian, Community Development Assistant Director Martin Griggs, Senior Planner Florence Buaku, Planner I Samin Bazargan, Planner I Patrick Bauer and Administrative 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 AND POSSIBLE ACTION -APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from August 1, 2022 and August 15, 2022. CONSIDERATION & POSSIBLE ACTION - EXCUSED ABSENCE Excuse the absence of Commissioner Brandon Dansby and Commissioner Andrew Earles from the August 15, 2022 Meeting. Vice Chairperson Fuertes read into the record the items on the Consent Agenda. Commissioner McCathran made the motion to approve, Commissioner Isenberg seconded the motion. Motion passed 6-0. NEW BUSINESS Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Final Plat of Moosa Stadium: PLAT 22-89. CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF MOOSA STADIUM: PLAT 22- 89 Public Hearing: A request by Ke Chen of K. C United, Inc, applicant; on behalf of Sakhi Muhammad,owner;for approval of the Final Plat of Moosa Stadium; located at Old Massey Ranch Road on 52 acres of land, described to wit: Legal Description: A subdivision of 52 acres, (2,265,089 sq. ft.) portions of lots 20, 19, 16, 17, all of lots 18&29&30 Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 24, H.T.&B.R.R. Co. Survey, (George C. Smith Survey), Abstract No. 549, Volume 2, Page 89, Brazoria County Plat Records, Brazoria County, Texas. General Location: 5515 Old Massey Ranch Road. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the final plat does conform to the criteria for an ETJ property. Staff does recommend approval with the condition: 1. The property owner shall relocate the detention pond encroaching into the City's right-of- way, upon the first improvement on this site following Final Plat Approval. The applicant was not in attendance. Vice Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. No further discussion from Staff, P&Z Commission or Public input. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Final Plat of Moosa Stadium: PLAT 22-89. Commissioner Isenberg made the motion to approve, Commissioner Henrichs seconded the motion. Vice Chairperson made the motion to amend the motion of approval to add the staff recommend condition that the property owner shall relocate the detention pond encroaching into the City's right-of-way, upon the first improvement on this site following Final Plat Approval, Commissioner Earles seconded the motion. Motion passed 6-0. Amended motion passed 6-0. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-14. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-14 Public Hearing: A request by the Director of Community Development of the City of Pearland for approval of a permanent zone classification of Suburban Residential-15 (SR-15) District for a newly annexed tract of land totaling approximately 7.7335 acres, to wit: Legal Description: The West one-half (W '/2) of Lot or Tract No. 11 of the Allison Richey Gulf Coast Home Company Subdivision of Section No. 25, situated in the H.T. & B. R. R. Company Survey, Abstract No. 245, Brazoria County, Texas, according to the Map of Record in Volume 2, Page 10, Plat Records of Brazoria County, Texas. General Location: 5806 Bailey Road, Pearland, Texas Planner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that the zoning assignment does conform to the criteria of the UDC. Staff recommends approval of SR- 15 zoning assignment. Vice Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Fuertes and Assistant Director Griggs discussed the zoning classification and the Bailey Road annexation. No further discussion from Staff, P&Z Commission or Public input. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-14. Commissioner Boswell made the motion to approve, Commissioner McCathran seconded the motion. Motion passed 6-0. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-15. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-15 Public Hearing: A request by the Director of Community Development of the City of Pearland for approval of a permanent zone classification of Suburban Residential-15 (SR-15) District for a newly annexed tract of land totaling approximately 15.139 acres, to wit: Legal Description: A 15.139 acres tract of land, being Lots 3A, 3B and 4 of Kanawha Texas Company Subdivision of Parts of Section 18 & 22, situated within the H.T. & B. R. R. Company Survey, Abstract No. 547, Brazoria County, Texas, according to the Map or Plat recorded in Volume 2, Page 51 of the Plat Records of Brazoria County, Texas. General Location: 3525 Charles Avenue, Pearland, Texas. Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the zoning assignment does conform to the criteria of the UDC. Staff recommends approval of SR-15 zoning assignment. Vice Chairperson Fuertes called for public input. Landowner, Salena Woods at 3525 Charles Avenue, Pearland, Texas 77584, stated that she did not want to be annexed into the city. Ms. Woods discussed the details of her property and stated that she does not need city amenities. She asked what the benefit of being annexed and having a zoning designation. Commissioner Boswell and Deputy City Attorney Provins discussed the recommended SR-15 zoning assignment. Commissioner Henrichs,Vice Chairperson Fuertes,Assistant Director Griggs and Deputy City Attorney Provins discussed annexation, utilities and what Ms. Woods would be allowed to do with her property in the future. No further discussion from Staff, P&Z Commission or Public input. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-15. Commissioner Earles made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 6-0. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-20. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-20 Public Hearing: A request by Justin Barnett, applicant, on behalf of Triangle 31 Properties LLC, owner, for approval of amendments to the French Quarter Planned Development, on approximately 62.39 acres of land, to wit: Legal Description: Being a 62.39 acres tract of land situated in the H.T. & B.R.R. Company Survey, Section No.28,Abstract No. 551, Brazoria County,Texas,and being all of a called 31.628 acre tract of land described as Tract 1 in General Warranty Deed to Triangle 31 Properties as recorded in No. 2007017677 of the Official Public Records of Brazoria County, Texas, and being all of Lots 161, 163, 164 and 175 of the Zychlinksi Subdivision as recorded in Volume 29, Page 9 of the Brazoria County Deed, and being all of a called 30.84-acre tract of land described in Correction Special Warranty Deed to Triangle 31 Properties as recorded in Instrument No. 2020070090 of the Official Public Records of Brazoria County, Texas. General Location: 3900 Block of Pearland Parkway, Pearland, Texas. Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated that this a resubmittal for the French Quarter PD since the original PD did not have a site plan submitted with the 2-year deadline. Assistant Director Griggs stated that the PD mostly conforms to the criteria of the UDC. The P&Z Commission shall recommend reinstatement of the PD or another zoning classification. Applicant, Justin Barnett at 6302 Broadway Street, Suite 200, Pearland, Texas 77581, was in attendance in-person in Council Chambers to present to the P&Z Commission. Mr. Barnett had a presentation that discussed the changes from the original PD application, drainage work with BDD4, their vision and the concept of"aging in place". He stated that the development will have single family residences, multi-family cottages and a memory care facility that will be a part of this proposed age-restricted community. Vice Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Isenberg, Mr. Barnett and Deputy City Attorney Provins discussed the proximity of this proposed development to a landfill located on Dixie Farm Road and if the landfill may affect the residents. Vice Chairperson Fuertes stated that he likes the concept of"age in place"and that the more units developed in the proposed PD would be beneficial for Pearland's tax base. No further discussion from Staff, P&Z Commission or Public input. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-20. Commissioner Isenberg made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 6-0. Vice Chairperson Fuertes recused himself. Commissioner Boswell read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-22. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-22 Public Hearing: A request by Andrew Lang, BGE, Inc., applicant, on behalf of RMJ Miller Real Estate Holdings, owner, for approval of a zone change from Residential Estate (R-E) District to Planned Development (PD) District, incorporating approximately 79.42 acre of land into the Massey Oak Planned Development, to wit: Legal Description: Being a 79.42-acre tract of land situated in the H.T. & B. R.R. CO. Survey, Section 32, Abstract No. 525 of Brazoria County, Texas and being out of a called 247.91-acre tract of land described in an instrument to RMJ Miller Real Estate Holdings, LTD., recorded under Brazoria County Clerk's File No. 2001055633 and corrected under Brazoria County Clerk's File No. 2002020349. General Location: South of Old Massey Ranch Road, East of the Future Harkey Road and West of McLean Road. Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated that this is the second addendum to the Massey Oaks PD, and it will be adding the Ordeneaux Tract. Assistant Director Griggs stated that the PD conforms to the criteria of the UDC. Staff recommends approval. Applicant Representative, Alan Mueller with Gromax Development at 1925 Pearland Parkway, Suite 150, Pearland, Texas 77581, was in attendance in-person in Council Chambers to present to the P&Z Commission. He stated that his team is excited to expand the existing PD and introduced his team members. Applicant, Andrew Lang with BGE, Inc. at 10777 Westheimer Road, Suite 400, Houston, Texas 77042, was in attendance in-person in Council Chambers to present to the P&Z Commission. He presented a presentation to the P&Z Commission that showcased the goals for the project, the zoning plan, the design plan, amenities and multiple product details. Mr. Lang stated that the elevations for design will remain the same as the rest of the Massey Oak PD. Division President, Jeff Johnson with Chesmar Homes at 2017 Morning Lake Drive, League City, Texas 77573, was in attendance in-person in Council Chambers to answer any questions for the P&Z Commission. President of Land Aqisitions, Dave Mullins with Chesmar Homes at 17220 Katy Freeway, Houston, Texas 77094, was in attendance in-person in Council Chambers to answer any questions for the P&Z Commission. Commissioner Boswell called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Isenberg, Deputy City Attorney Provins and Mr. Mueller discussed the roads and 4-pack residents shared driveway. Commissioner Isenberg and Mr. Johnson discussed the price range for each proposed residential development. Deputy City Attorney Provins stated that there are issues with share driveway due to city ordinances that still need to be resolved. Mr. Mueller stated that his team is working on a solution for the shared driveways, but they are trying to diversify the housing products within the PD and have had positive reactions to the 4-pack single family homes. Commissioner Boswell and Mr. Johnson discussed what contributes to the price of the housing products. No further discussion from Staff, P&Z Commission or Public input. Commissioner Boswell read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-22. Commissioner Isenberg made the motion to approve, Commissioner Earles seconded the motion. Motion passed 5-0. Vice Chairperson Fuertes rejoined the meeting. Vice Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 22-20. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 22-20 Public Hearing: A request by Tessie Gurley, 2 Barnetts Ltd, applicant and owner,for approval of a Conditional Use Permit(CUP)for Heavy Machinery Sales, Storage, Rental & Repair Combined Tool and Machinery Rental (Indoor Storage only) use on approximately 3.4248 acres of land within the General Commercial (GC) District, to wit: Legal Description: 3.4248 acres of land, more or less, being a portion of Tract 37, of the W. Zychlinski's Subdivision of the H.T & B.R.R. Company Survey, Section No. 2, Abstract No. 542, Brazoria County, Texas. General Location: 1715 Main Street, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that this CUP application is for a crane repair service and that the CUP does conform to the criteria of the UDC. Staff does recommend approval. Property Owner and Applicant, Tessie Gurley at 5402 Ryan Acres Drive, Pearland, Texas 77584, was in attendance in-person in Council Chambers to answer any questions for the P&Z Commission. Applicant Representative, Leslie Cross at 6001 Allison Road, Houston, Texas 77048, was in attendance in-person in Council Chambers to answer any questions for the P&Z Commission. Applicant Representative, Gerardo Chavira at 6001 Allison Road, Houston, Texas 77048,was in attendance in-person in Council Chambers 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. Commissioner McCathran and Ms. Gurley discussed the daily operations of the business would be. Commissioner Isenberg, Deputy City Attorney Provins and Ms. Gurley discussed if there would be any changes to the site and Ms. Gurley concluded that there would be no changes. Ms. Cross, Mr. Chavira, Deputy City Attorney Provins and Commissioner McCathran discussed the machinery that will be on site, outdoor storage and the storage of equipment and materials. Vice Chairperson Fuertes stated that this business would match the character of the area, that they could store equipment in the back, and he sees no issues with this CUP application. All six P&Z Commissioners would be in favor of approval of this CUP with the conditions to: 1. Limit the number and size of machinery on site 2. And, to not have any outdoor storage or machinery or parts viable from Highway 35. No further discussion from Staff, P&Z Commission or Public input. Vice Chairperson Fuertes read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 22-22. COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP 22-22 Public Hearing: A request by Haley Frentz, Riot Salon LLC, applicant, on behalf of Danny Newberry representing VIG Pearland LLC,owner,for approval of a Conditional Use Permit(CUP) for Massage Establishment use on approximately 1.771 acres of land located within the General Commercial (GC) District. to wit: Legal Description: 1.771-acre tract in the Perry & Austin League, Abstract No. 111, Brazoria County, Texas, said 1.771-acre tract is part of Lots 8, 9 and 10 in the George W. Jenkins Subdivision as recorded in Volume 2, Page 20 in the Brazoria County Plat Records and is further described as being the remainder of a 2.8472-acre tract described in a deed to Barnett Drywall & Supply, Inc. as recorded in Volume 1384, Page 969 in the Brazoria County Deed Records. General Location: 1331 Broadway, Suite K, Pearland, TX. Planner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that the CUP does conform to the criteria of the UDC. Staff does recommend approval. Applicant, Haley Frentz with Riot Salon LLC at 1331 Broadway Street, Suite K, Pearland, Texas 77581, was in attendance in-person in Council Chambers 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. Commissioner Boswell and Ms. Frentz discussed the existing beauty salon, Ms. Frentz experience with multiple salons and their services, the type of massage services that will be offered and the business operation hours. Commissioner Isenberg asked Ms. Frentz if she will have any difficulty abiding by the conditions required to operate a massage establishment under the CUP. Ms. Frentz answered that her business will comply to all the requirements and sees no issues. Commissioner Earles and Ms. Frentz discussed the layout of the salon, specifically the upstairs and downstairs and ADA requirements. All six P&Z Commissioners would be in favor of approval of this CUP. No further discussion from Staff, P&Z Commission or Public input. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — Proposed Amendments to the Unified Development Code Pertaining to Outdoor Uses, Subdivision Fence Materials in Corridor Overlay Districts, and Parking for Furniture Stores. CONSIDERATION AND POSSIBLE ACTION — PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PERTAINING TO OUTDOOR USES, SUBDIVISION FENCE MATERIALS IN CORRIDOR OVERLAY DISTRICTS, AND PARKING FOR FURNITURE STORES Public Hearing: A request by the City of Pearland, applicant, for approval of proposed amendments to the Unified Development Code (UDC), Ordinance No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development Code, to include: 1. Amendments to Chapter 2, Section 2.2.5.5 and Section 2.5.3.2 (c) and Chapter 5, to update use tables and definitions for Outside/Outdoor Uses (Display, Storage, and Sales), and Section 2.5.3.2 (c) to include Regulations to allow a permitted by right option for Outdoor Storage in the GB and GC Districts; 2. Amendments to Chapter 2, Section 2.4.5.1 (i) (4) to allow alternative subdivision fence materials along Corridor Overlay District Roads; and 3. Amendments to Chapter 2, Section 2.2.5.5 to remove Furniture/Appliances - Open Storage & Retail Sale and Amend Land Use Matrix; and Chapter 4, Article 2, Section 4.2.1.2(a), to update parking requirements for Furniture and/or Appliance Store (Retail or Rental Only, Indoor Only). Assistant Director Griggs and Senior Planner Buaku presented the staff report with exhibits and a summary of the request. Senior Planner Buaku presented details pertaining to outdoor uses. Vice Chairperson Fuertes and Assistant Director Griggs discussed examples of outdoor uses. Commissioner Isenberg and Assistant Director Griggs discussed temporary outdoor sale for special events. Assistant Director Griggs presented details pertaining to subdivision fence materials in corridor overlay districts. Vice Chairperson Fuertes suggested changing specific job titles to something more general, so the P&Z Commission would not have to amend later. Assistant Director Griggs presented details pertaining to parking for furniture stores. . ` Commissioner Henhcha, CommiaaionerMoCathnon, Commissioner Boswell stated that agree with what staff presented and Commissioner Boswell added that she agrees with Vine Chairperson Fuertes about changing the specific job titles to something more general. No further discussion from Staff, P&Z Commission or Public input. Vice Chairperson Fuedoereod into the record the items on Consideration and Possible Action — Proposed Amendments to the Unified Development Code Pertaining to Outdoor USea, Subdivision Fence Materials in Corridor Overlay Districts, and Parking for Furniture Stores. Commissioner Boswell made the motion to approve, ComrnisoionerK4o[ethran seconded the motion. Vice Chairperson Fuortea made the motion to amend the proposed UDC Amendments to use consistent wording throughout the UDC instead of "Community Development Director", Commissioner Eor|eo seconded the motion. Motion passed 0'O. Amended motion passed 0-U. DISCUSSION ITEMS 1. Commissioners Activity Report: None. 2. Next PQZ Regular Meeting: October 3' 2U22 ADJOURNMENT Vice Chairperson Fuertmn adjourned the P&Z Regular meeting at9:0OP.PW. These minutes were respectfully submitted by: Sh�|byLdmm�. Administrative Assistant Minutes approved as submitted and/or corrected on this A.D. Brandon Danmby, Planning & Zoning Chairperson