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2023-05-01PLANNING 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, MAY 1, 2023, AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR. CALL TO ORDER Chairperson Dansby opened the meeting for the P&Z Regular Meeting at 6:30 P.M. In attendance were: P&Z Chairperson Brandon Dansby P&Z Vice Chairperson Henry Fuertes P&Z Commissioner Ashlee Boswell P&Z Commissioner Jennifer Henrichs P&Z Commissioner Derrell Isenberg P&Z Commissioner Brad Kuhn P&Z Commissioner Angela McCathran Also, present were Deputy City Attorney Lawrence Provins, City Engineer Rajendra Shrestha, Associate Engineer John De La Rosa, Senior Planner Mohamed Bireima 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 — EXCUSED ABSENCE Excuse the absence of Commissioner Brad Kuhn from the April 17, 2023 Meeting. CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from April 17, 2023. Chairperson Dansby read into the record the items on the Consent Agenda, Vice Chairperson Fuertes made the motion to approve, Commissioner McCathran seconded the motion. Motion passed 7-0. NEW BUSINESS Chairperson Dansby read into the record the items on Commission Input and Discussion — Conditional Use Permit Application: CUP 23-04. COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP 23-04 Public Hearing: A request by Robert MacDonald, applicant, on behalf of Hyunhoon Lee, owner, for approval of a Conditional Use Permit(CUP)for Massage Establishment use on approximately 1.4785 acres of land located within the General Business (GB) District, to wit: Legal Description: Lot 2, in Block 1, Minor Plat of Kirby Commercial Center 2, being a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerks' File No. 2019062736 of the Plat Records of Brazoria County, Texas. General Location: 3220 Kirby Drive, Suite 120, Pearland, TX. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated that this CUP application is for a Massage Establishment in GB District. Senior Planner Bireima stated that the CUP does conform to 7 out 8 criterions of the UDC for approval. Staff recommends approval. Applicant, Robert MacDonald at P.O. Box 131032, Houston, Texas 77219, was in attendance in- person in Council Chambers to present to the P&Z Commission. Mr. MacDonald stated that the business owner and operator, Natalie Canada, is in attendance. Business Owner and Operator, Natalie Canada at 5116 Nett Street, Houston, Texas 77007, was in attendance in-person in Council Chambers 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 stated that he had questions for Ms. Canada regarding the business operation. He stated that he did research on Ms. Canada's current business operation due to concerns and did not find anything that would be of concern. Commissioner Isenberg mentioned the proximity to Shadow Creek High School and stated that he is not concerned about the location. He stated he is pro-business for the City of Pearland and does appreciate the owner/operator coming to this meeting to answer questions. Commissioner Boswell asked Ms. Canada about her previous experience in the massage business. Mr. MacDonald stated that Ms. Canada has a successful massage business in the Houston Heights District for the past 5 years. Commissioner Boswell stated that she would be in favor of this CUP and that there is another massage establishment near this area as well. Commissioner Henrichs stated that she would be in favor of the CUP as well. Vice Chairperson Fuertes stated that the City of Pearland does have strict ordinances regarding massage establishments and that he believes Ms. Canada will follow those rules and ordinances. Commissioner McCathran asked Ms. Canada what services she will offer. Ms. Canada described the services that she will offer, mainly Thai Massage and described her background and education with these services. She stated many different people and professions receive her services and enjoy them. Commissioner McCathran and Commissioner Kuhn stated that they would be in favor of the CUP. Mr. MacDonald stated that Ms. Canada owns the Tea Shop located in the suite next to the proposed massage establishment. He stated that her daughter is the manager of the Tea Shop and Ms. Canada is familiar with the surrounding area. Chairperson Dansby and Ms. Canada discussed the Med Spa nearby and their services. Chairperson Dansby stated that he is in favor of the CUP if they adhere to the rules and regulations of the City of Pearland. All 7 P&Z Commissioners stated that they are in favor of the CUP application. 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 23-01. CONSIDERATION AND POSSIBLE ACTION -ZONE CHANGE APPLICATION: ZONE 23-01 Public Hearing: A request by Jeff Boutte, Windrose Land Services, applicant, on behalf of PHE- Fite Interests LP (Signature Companies) and Tranquility Lake Estates LLC, owner, for approval of a zone change for 14.857 acre of land from General Business (GB) District to Planned Development (PD) District, to accommodate a proposed mixed-use townhouse community with approximately 109 single-family lots, open space, and a retail component on the hard corner of Cullen Parkway and Fite Road, to wit: Legal Description: A tract or parcel containing 14.857 acres, or 647,181 square feet of land situated in the H.T. & B. R.R. Co. Survey, Section 17, Abstract No. 242, Brazoria County, Texas, being all of commercial reserve "E", Block 3, and a portion of a right-of-way (R.O.W.) dedication, Tranquility Lake Estates Section 4, map or plat thereof recorded under Plat No. 2019010684, Brazoria County Plat Records (B.C.P.R), same being out of Lot 1, Block 1, Cullen Parkway and Old Chocolate Bayou, map or plat thereof recorded under Plat No. 2020011820, B.C.P.R., also being out of three (3) tracts, all of a called 7.7144-acre tract described in deed to PHE-Fite Interest, LP, as recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2010018718, residue of called 15.7778 acre tract described in deed to Tranquility Lake Estates, LLC, as recorded under B.C.C.F. No. 2018007406 and residue of called 10.0000 acre tract described in deed to Fite Interest, Ltd, as recorded under B.C.C.F. No. 2001011751. General Location: Northeast Corner of Cullen Parkway and Fite Road. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated that this PD application is for mixed-use townhouse community with the base zoning of Town Home (TH) and General Business (GB). He stated that the P&Z Commission and City Council had a Joint PD Workshop on July 18, 2022. Senior Planner Bireima stated that the proposed PD conforms to two criteria's for establishing a PD. Senior Planner Bireima stated that the proposed PD conforms to all the criteria for approval according to the UDC. Staff recommends approval. Applicant Representative, Jeff Boutee with Windrose Land Services at 5353 West Sam Houston Parkway North, Suite 150, Houston, Texas 77041, was in attendance in-person in the Council Chambers to present to the P&Z Commission. He stated that this area would be great for a transitional development. Mr. Boutee stated that they plan to plat the property and sell each townhome separately. He stated that he was available for questions. Chairperson Dansby called for public input. Resident, Jorge Patina at 8021 Serenity Drive, Pearland, Texas 77584, stated that he is not opposed to the proposed PD. Mr. Patina stated that he lives next to the new development. He stated that he is concerned about traffic in the area and asked if the cul de sac in their neighborhood will remain gated. Mr. Patina stated that he is concerned about the drainage of this development because he pays for their neighborhood's drainage and doesn't want to pay an additional amount due to this new development. Resident, Andria Hall at 8009 Serenity Drive, Pearland, Texas 77584, stated that she is in favor of the PD, but does have some concerns. She requested that the developers guarantee safety for their neighborhood. Ms. Hall stated that she does not want heavy equipment near or traveling through her neighborhood, for the cul de sac to remain intact, the addition of a fire safety gate between her neighborhood and the PD, potential flooding and that her property values remain as they currently are or remain consistent. She stated that she does not want a higher rate of insurance and asked that the property keep greenery already existing on the property. Resident, KC Harp at 8028 Serenity Drive, Pearland, Texas 77584, stated that he is concerned about the PD. He stated that he is concerned about additional traffic and construction equipment travelling through their private neighborhood. Resident, Fran Goundry at 8020 Serenity Drive, Pearland,Texas 77584, stated that she is in favor of the PD, but does have some concerns. She stated that she is the President of the Tranquility Lakes Estate POA. Ms. Goundry stated that the POA has kept an open line of communication with Renee McGuire. She stated that she was concerned with the cul de sac remaining intact, with traffic in her neighborhood, and the addition of a fire access gate, the prices of the townhomes, her property values, the builder and consistency of the development with the surrounding area. Resident, Shaini Joy at 3018 Tranquility Lake Estate Boulevard, Pearland, Texas 77584, stated that she is concerned about the PD. She stated that she is concerned about the size of the townhomes, the cul de sac in their neighborhood remaining intact and her property values. Resident, Satheesh S. Kaimal at 3014 Tranquility Lake Estate Boulevard, Texas 77584, stated that he is concerned about the PD. He stated that he is a new resident to the Tranquility Lake Estates neighborhood, and he agrees with his neighbors. Vice Chairperson Fuertes stated that the major concerns from residents were the status of the cul de sac located on Serenity Drive and through traffic in their private neighborhood. Senior Planner Bireima stated that Tranquility Lakes Estates was platted with the cul de sac with a fire gate for emergency access. Mr. Boutee stated that gate between the neighborhoods will only be for emergency access and access to the townhome development would be from Cullen Boulevard and Fite Road. Vice Chairperson Fuertes stated previous issues residents have had with proposed developments and asked if the road would remain a cul de sac. Justin Barnett with R.West Development at 6302 Broadway Street, Suite 200, Pearland, Texas 77581, stated that they have been working with Ms. Evans regarding this PD and with this development being built, they will install the fire access gate now. He stated that this PD will not affect Tranquility Lakes Estate's residents and R.West is selling this tract to the developer. Vice Chairperson Fuertes asked if the GB and TH portion of the PD will have the same access. Mr. Boutee stated that they intend to allow access between the GB and TH districts. Mr. Boutee stated that they included the GB corner in the PD application to ensure a consistent design aesthetic.Vice Chairperson Fuertes asked if the townhome community will be completely gated. Mr. Boutee stated yes that the townhome community will be gated. Vice Chairperson Fuertes asked Mr. Boutee if they have a builder right now. Mr. Boutee answered that they do not have a builder yet. Vice Chairperson Fuertes asked what sizes the townhomes will be. Kevin Stuckey with Emery McLean LLC at 3228 Maroneal Street, Houston, Texas 77025, stated that they have 3 floor plans that have been proposed, he said the average size of the floor plans around 1500-1600 square feet and they will have 3 to 4 bedrooms. Vice Chairperson Fuertes stated that he sympathizes with the landowners because they have come back to the City of Pearland multiple times. Commissioner Boswell stated that when the applicant presented for the joint workshop,they proposed 54 townhome units and now they are proposing 104 townhome units. She stated that Tranquility Lake Estates has only 23 homes and so this development appears very compact. Commissioner Boswell stated that she is concerned with how this PD will fit in with the surrounding area and if the current proposed price point of the townhomes will match a more compact product. Mr. Boutee stated that the original 54 townhome units proposed were only going to be developed on 2/3 of the site and now they are utilizing the whole site, so the density will be similar. He stated that the City of Pearland's Comprehensive Plan does reflect that this area is meant for more active uses and that the townhome development will serve as a transition area between residential and commercial uses. Mr. Boutee stated that there will be appropriate buffers between the townhome development and the residential single-family neighborhood. Commissioner Boswell asked if the townhomes will be priced at $350,000 price point, because at the joint workshop the price point mentioned was high $200,000's to low $300,000's. Mr. Boutee stated that the price point for the townhomes will be$350,000. Commissioner Boswell stated that there has been positive feedback for the PD, but also some concerns, but she said she would be in favor of the zone change for this PD. Senior Planner Bireima stated that the P&Z Commission does have the authority to add conditions to a PD, compared to a zone change in which they do not. Deputy City Attorney Provins stated that there are some limitations to what conditions the P&Z Commission can add to the PD. Commissioner Isenberg stated that he agrees with Commissioner Boswell. He stated that he would like to have it in writing that the developer will add the fire gate and that there will not be traffic through Tranquility Lakes Estates during construction and that the building materials are like existing residential homes in the area. Commissioner Isenberg stated that the P&Z Commission's main concern is the zoning of the dirt. He stated that he would be in favor of the PD. Commissioner Isenberg stated that this development will have to provide their own drainage to not affect surrounding properties and that residential safety is the responsibility of the Police Department and Fire Department. Deputy City Attorney Provins stated this development is a PD and Tranquility Lakes Estates is just zoned to a zoning district. Senior Planner Bireima stated that there is a section in the PD document that lists the building materials proposed. Mr. Boutee stated that there is a building material list, proposed elevations for the different townhomes, a color palette in the PD document. He stated that there is a list of examples of masonry material and percentage requirement of masonry materials for each side of the townhomes. Vice Chairperson Fuertes stated that in this area, surrounding the lake there are several multi-family developments around the nearby lake. He stated that this development will blend in with existing area and that this development will have townhomes that are for sale, instead of the typical multi-family product. Chairperson Dansby stated that he thinks this PD will aesthetically match the Tranquility Lakes Estates neighborhood. He stated that he likes the look of the product proposed in the PD document, that it will serve as transitional development and that these townhomes will be for sale, instead of rentals. Chairperson Dansby stated that he would like for the townhomes to match the elevations in the PD document and would like to add as a condition for approval of the PD. Mr. Stuckey stated that the developer will be creating separate lots for the townhomes, so the townhomes may be sold individually. He stated that they do not know who they will be selling the tract of land to, and they will have the ability to build the townhomes for sale or for rentals. Mr. Stuckey did state that whoever they sell the tract to they will require them to have a HOA, so the development is maintained. Commissioner McCathran stated that there is a difference in values between a townhome and single-family home. She stated that this PD will be good for the area to be a transitional development between multi-family and single-family homes. Commissioner McCathran stated that the parcel is currently zoned GB, and that multitude of uses could be developed by right. She stated for the most part she is in favor of the PD and that this would be a good development for that area. Commissioner Henrichs discussed the upcoming Comprehensive Plan and stated that a focus of the plan is affordable housing. She stated that this project may allow certain professions like teachers and police officers, the ability to live and work in the City of Pearland. Commissioner Henrichs stated that Pearland does need an alternative to single-family housing. She stated that she is in favor of the PD. Deputy City Attorney Provins stated that the builder with this project will have to build according to the PD document, if they want to change elevations of the townhomes, they will have to apply for a PD Amendment. Commissioner Isenberg, Senior Planner Bireima and Deputy City Attorney Provins discussed the fire gate. Mr. Stuckey stated that the fire gate will be located on the PD tract. Deputy City Attorney Provins stated that the Tranquility Lakes Estates plat does show a proposed fire gate, but that the deed restrictions may be different and that would be between private property owners. He stated that is due to private property owners' rights and the City of Pearland would not be involved. Mr. Stuckey stated that the fire gate will work both ways for both subdivisions for emergency purposes. 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 23-01. Commissioner Henrichs made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 7-0. DISCUSSION ITEMS 1. City Council Update Report: Present by Senior Planner Bireima. Senior Planner Bireima stated that at the April 24, 2023 City Council Regular Meeting, City Council approved the car wash CUP located on Shadow Creek Parkway with a vote of 6-1. 2. Commissioners Activity Report: Commissioner Isenberg stated that he wanted to correct a statement that he said at the P&Z Commission Regular Meeting on April 17, 2023. He stated that he said that the P&Z Commission were all in favor of the car wash CUP. Commissioner Isenberg stated that there was one P&Z Commissioner not in favor of the CUP, a couple of P&Z Commissioners on the fence and the rest of the P&Z Commission was in favor of the CUP. Vice Chairperson Fuertes reminded the P&Z Commission that the Comprehensive Plan draft comments are due this week. 3. Next City Council/P&Z Joint Workshop: May 8, 2023 at 4:30 p.m. 4. Next P&Z Regular Meeting: May 15, 2023 ADJOURNMENT Chairperson Dansby adjourned the P&Z Regular meeting at 8:09 P.M. These minutes were respectfully submitted by: �!A AIW�-_ �AMAL Shelby Lowe, ministrative Assistant Minutes approved as submitted and/or corrected on this 15th day of May 2023, A.D. � r Brandon Dansby, Planning &Zoning Chairperson