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2022-11-21 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, NOVEMBER 21, 2022, AT 6:30 P.M., HELD IN THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD ROOM, 3519 LIBERTY DR. CALL TO ORDER Chairperson Brandon Dansby opened the meeting for the P&Z Regular Meeting at 6:32 P.M. In attendance were: P&Z Chairperson Brandon Dansby P&Z Vice Chairperson Henry Fuertes P&Z Commissioner Ashlee Boswell P&Z Commissioner Andrew Earles P&Z Commissioner Derrell Isenberg P&Z Commissioner Angela McCathran Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz Pourazizian, Associate Engineer John De La Rosa, Community Development Assistant Director Martin Griggs, Senior Planner Florence Buaku, Planner I Patrick Bauer and Administrative Assistant Shelby Lowe. Vice Chairperson Fuertes recused himself from the meeting. 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 ABSENCES Excuse the absence of Commissioner Andrew Earles from the November 7, 2022 Meeting. CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from November 7, 2022. CONSIDERATION AND POSSIBLE ACTION — PLAT 22-109: PRELIMINARY PLAT OF MASSEY OAKS BASIN 3 (PHASE 11) A request by Andrew Lang, of BGE, the applicant; on behalf of Massey Oaks Development, LP, owner; for approval of the Preliminary Plat of Massey Oaks Basin 3 creating 1 restricted reserve on ±19.67 acres of land located south of Old Massey Ranch Road and East of Harkey Road. Legal Description: A subdivision of 19.67 acres of land located in the H. Stevens Survey,A-525, City of Pearland, Brazoria County, Texas. General Location: South of Old Massey Ranch Road and East of Harkey Road. Chairperson Dansby stated that Vice Chairperson Fuertes asked that his statement regarding CUP 22-24, "Gas stations are typically found on hard corners and that this proposed gas station would not be on a hard corner." be added to the P&Z Regular Meeting Minutes from November 7, 2022. Chairperson Dansby read into the record the items on the Consent Agenda. Commissioner Isenberg made the motion to approve, Commissioner Earles seconded the motion. Motion passed 5-0. Vice Chairperson Fuertes rejoined the meeting. NEW BUSINESS Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 22-27. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-27 Public Hearing: A request by GMS Connects LLC, applicant, on behalf of G & G Partners Development, owner, for approval of a zone change from Neighborhood Service (NS) District to General Business Retail (GB) District on approximately 9.6135 acres of land, to wit: Legal Description: A tract or parcel of land containing 9.6135 acres of land, (418,766 square feet), being out of and a part of Lot 76, George W. Jenkin Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 79, Page 616, of the Office of the County Clerk of Brazoria County, Texas, said 9.6135 acre tract of land being that certain tract of land as conveyed to Gary Martin Maynor and wife, Cecelia Maynor, by instrument recorded in document CF No. 2001045201 of the Office of the County Clerk of Brazoria County, Texas. General Location: 3205 Dixie Farm Road. Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated that this property previously had a zone change and CUP that has expired. Assistant Director Griggs stated that the proposed zone change conforms to the criteria for approval of the UDC. Staff recommends approval. Applicant Representative, Chris Heard at 215 Galveston Street, League City, Texas 77573, was in attendance in-person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Mr. Heard stated that they want a zone change on this property instead of reapplying for a CUP. He stated that he was available for any questions. Landowner,Anthony Juliani at 3205 Dixie Farm Road, Pearland,Texas 77581, was in attendance in-person in Pearland Economic Development Corporation Board Room to answer any questions for the P&Z Commission. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Isenberg and Mr. Heard discussed the proposed use for an assisted living facility for the property. Mr. Heard stated that they are still planning on developing an assisted living facility, but they were going to assess the market once this zone change is approved. Chairperson Dansby expressed concern regarding the proposed zone change and stated that he would be in favor of keeping the property zoned NS and follow City Council's directive from 2017. Mr. Juliani stated that he did previously have a contract for a memory care facility and that he still has the intent to have a similar tenant, but it has been difficult due to timing and financing. He stated that he is applying for the zone change because the previous proposed tenant paid for the previous CUP that expired. Mr. Juliani stated that he has been in communication with nearby property owners and in addition to the memory care facility, there will be commercial tenant space at the front of the property.Vice Chairperson Fuertes stated that this use would make sense for the area and that he is comfortable with the proposed use. No further discussion from Staff, P&Z Commission or Public input. Chairperson Dansby read into the record the items on Consideration and Possible Action — Zone Change Application: ZONE 22-27. Commissioner Isenberg made the motion to approve, Commissioner Boswell seconded the motion. Motion failed 1-5. Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 22-28. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-28 Public Hearing: A request by GMS Connects LLC, applicant, on behalf of Pham Tilly Trang, owner, for approval of a zone change from General Business Retail (GB) District to General Commercial (GC) District on approximately 4.5099 acres, to wit: Legal Description: 4.5099 acres(196,450 square feet),situated in the H.T. &B.R.R. CO. Survey, Abstract No. 242, Brazoria County, Texas, being all of a tract of land conveyed unto Tilly Pham and Brian Nguyen by deed recorded under County Clerk's File No. 2003031795 of the Official Records of Brazoria County, Texas. General Location: East of Old Chocolate Bayou Road, South of Broadway Street. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the proposed zone change does not conform to the criteria for approval of the UDC. Staff recommends denial. Applicant Representative, Chris Heard at 215 Galveston Street, League City, Texas 77573, was in attendance in-person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Mr. Heard presented images to the P&Z Commission of the current condition of Old Chocolate Bayou Road and the proposed development for this property. He stated that the office warehouse will consist of at least 10 percent of office space. Mr. Heard stated that he was available for any questions. Chairperson Dansby called for public input. Resident, Gary Harwell at 2854 Old Chocolate Bayou Road, Pearland, Texas 77584, stated that he is opposed to the proposed zone change. He stated that he is concerned with the deterioration of Old Chocolate Bayou Road, increased flooding and drainage. Resident, Moni Harwell at 2854 Old Chocolate Bayou Road, Pearland, Texas 77584, stated that she is opposed to the proposed zone change. She stated that she is concerned with the deterioration of Old Chocolate Bayou Road, increased flooding and drainage. Ms. Harwell stated that there is a mini-storage nearby and that their customers usually use FM 518 to enter and exit the property. Resident, James Hoffner at 3501 Sebago Drive, Pearland, Texas 77584, stated that he is opposed to the proposed zone change. He stated that he is concerned about the deterioration of Old Chocolate Bayou Road and the lack of infrastructure for the property. Commissioner Boswell stated that she does agree with residents that the current condition of Old Chocolate Bayou Road. Commissioner Boswell and Assistant City Engineer Pourazizian discussed roadway improvements and the recent City of Pearland drainage project completed in that area. Assistant City Engineer Pourazizian said that he would look further into what infrastructure improvements are planned for that area and Old Chocolate Bayou Road. Mr. Heard stated that his client is aware that conditions cannot be assigned to a zone change but that his client's intent is to make the site appropriate to operate. Commissioner Earles and Assistant Director Griggs discussed that pre-flood conditions that will need to be met. Vice Chairperson Fuertes compared the proposed development to similar developments in the area. He stated that he would be comfortable with this development at this location and that it would match the area. Commissioner Isenberg and Assistant City Engineer Pourazizian discussed the utilities for this site. Commissioner McCathran stated that this does look like a good project and would fit the area. She did state that she is concerned about the location due to Old Chocolate Bayou Road not being travelled as frequently. Commissioner McCathran and Mr. Heard discussed how the development will bring in clientele. Chairperson Dansby stated that approving this zone change may be a spot zoning issue. No further discussion from Staff, P&Z Commission or Public input. Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 22-28. Commissioner Boswell made the motion to approve, Commissioner Isenberg seconded the motion. Motion passed 4-2. Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 22-31. CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-31 Public Hearing: A request by Sameer Gulamani & Karim Pirani, applicant, on behalf of Fric Inc., owner, for approval of a zone change from General Business (GB) District to Single-family Residential-4 (R-4) District on four (4) tracts of land totaling approximately 5.72 acres, to wit: Legal Description: Reserves "A" & "B": Being Reserve "A", Block 1 and Reserve "B", Block 2 of the Westwood Village Subdivision, Section 1, a subdivision in the City of Pearland, Brazoria County, Texas, according to the Final Plat recorded in Volume 17, Page 135-136 in the Official Plat Records of Brazoria County, Texas. Reserves "C" & "D": Being Reserve "C", Block 4 and Reserve "D", Block 3 of the Westwood Village Subdivision, Section 5, a subdivision in the City of Pearland, Brazoria County, Texas, according to the Final Plat recorded in Volume 17, Page 343- 344 in the Official Plat Records of Brazoria County, Texas. General Location: Northeast and Southeast Corners of McLean Road and Springfield Ave. & Northwest &Southwest Corners of Veterans Drive and Springfield Ave. Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that this property applied for a zone change in September 2022 and City Council denied the request. Planner I Bauer stated that the proposed zone change does conform to the criteria for approval of the UDC. Staff recommends approval of the requested zoning designation or a less intense zoning designation. Applicant, Sameer Gulamani at 1318 Miners Bend Lane, Richmond, Texas 77046, was in attendance in-person in the Pearland Economic Development Corporation Board Room to answer any questions for the P&Z Commission. Chairperson Dansby called for public input. Resident, James Hoffner at 3501 Sebago Drive, Pearland, Texas 77584, stated that he is opposed to the proposed zone change. He stated that Veterans Drive is collector street and is not supposed to have exits from residential homes directly to that street. He stated that he is concerned with increased traffic, sidewalk safety, increased flooding, the current road condition of Veterans Drive, safety and drainage. Resident, Amy Kingston at 4610 Pompton Court, Pearland, Texas 77584, stated that she is opposed to the proposed zone change. She stated that she is concerned about children's safety walking to nearby schools and that for them to ride the bus they would need to pay a yearly fee due to living near the schools. Ms. Kingston stated that she is concerned about safety and sidewalks. Resident, Cathy Hoffner at 3501 Sebago Drive, Pearland, Texas 77584, stated that she is opposed to the proposed zone change. She stated that she agrees with the previous comments and that area is small. Resident, Greg Hawkins at 3910 Ivywood Drive, Pearland, Texas 77584, stated that he is in favor of the proposed zone change. He stated that the city will be responsible for ensuring that the development is built to code and that drainage is provided. Mr. Hawkins stated he prefers residential development compared to a commercial development in this area. Assistant Director Griggs and Assistant City Engineer Pourazizian clarified statements about Veterans Drive being a minor collector street and that drainage and detention will be accounted for and analyzed during the platting process. Assistant Director Griggs stated that the applicant may need variances due to the existing condition of the site in order to develop. Assistant City Engineer Pourazizian stated that there will be one shared access for the homes and there are many ways the developer may design the site. He stated that there are no immediate plans to expand McLean Road or Veterans Drive at this time. Assistant City Engineer Pourazizian stated that the sidewalks will have to be a certain distance from the road for safety. Vice Chairperson Fuertes stated that homes would contribute less traffic than a commercial development and that small infill parcels like this are difficult to develop. He explained the change in development criteria over the years. Commissioner Boswell stated that R-4 zoning would fit the area better than the current zoning. Chairperson Dansby stated that the city will ensure that infrastructure, drainage and safety are accounted for during the development process. No further discussion from Staff, P&Z Commission or Public input. Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone Change Application: ZONE 22-31. Commissioner Isenberg made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 5-1. Chairperson Dansby read into the record the items on Commission Input and Discussion — Newquest Properties Planned Development. COMMISSION INPUT AND DISCUSSION - NEWQUEST PROPERTIES PLANNED DEVELOPMENT Input and Discussion: A request by Jennifer Curtis, META Planning & Design, applicant, on behalf of Michael Harrington,owner,for a Workshop, regarding a proposed Planned Development for a mixed-use development comprised of hotel conference center, multi-family residential, entertainment, retail, restaurant, and a waterfront district, on approximately 93.443 acres of land, to wit: Legal Description: Being All of Lot A of the Promenade Shops at the Spectrum, an addition in the City of Pearland, Harris County, Texas, according to the Final Plat being recorded in Instrument No. 20070211128 in the Plat Records of Harris County, Texas. General Location: Southwest Corner of Beltway 8 and SH 288. Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs compared exhibits shown at the Joint Workshop with City Council in May 2022,to current exhibits updated by the applicant. Assistant Director Griggs shared topics and items that were provided by staff to the applicant. Applicant, Jennifer Curtis with META Planning & Design at 24275 Katy Freeway, Suite 200, Katy, Texas 77494, was in attendance in-person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. Staff, Ms. Curtis and the P&Z Commission discussed the NewQuest Properties Planned Development. The topics discussed were walkability, vehicular access for multi-family properties, what may happen if the hotel conference center or sports facility is not developed, discussion about similar development in Frisco, Texas, and flexibility for phase II of the PD. No further discussion from Staff, P&Z Commission or Public input. DISCUSSION ITEMS 1. Commissioners Activity Report: Vice Chairperson Fuertes and Assistant Director Griggs discussed the zoning designation cut sheets provided by staff to the P&Z Commissioners. 2. Upcoming Joint P&Z Commission/CPAC Meeting: Thursday, December 81 2022 at 6:OOpm at the Delores Fenwick Nature Center 3. Next P&Z Regular Meeting: December 5, 2022 at PEDC Conference Room ADJOURNMENT Chairperson Dansby adjourned the P&Z Regular meeting at 8:29 P.M. These minutes were respectfully submitted by: �)W 0)v df f AIAS-1 Shelby Lowe,I min istrative Assistant Minutes approved as submitted and/or corrected on this 12th day of December 2022, A.D. Brandon Dansby, Planning &Zoning Chairperson