2023-03-20 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, MARCH 20, 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 6:31 P.M.
In attendance were:
P&Z Chairperson Brandon Dansby
P&Z Vice Chairperson Henry Fuertes
P&Z Commissioner Jennifer Henrichs
P&Z Commissioner Brad Kuhn
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 Mohamed Bireima, Senior Planner Florence Buaku and
Administrative Assistant Shelby Lowe.
Chairperson Dansby introduced P&Z Commissioner Brad Kuhn.
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 Henry Fuertes from the March 6, 2023 Meeting.
CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from March 6, 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 5-0.
NEW BUSINESS
Vice Chairperson Fuertes recused himself from the meeting.
Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT
23-25: Final Plat of Massey Oaks, Old Massey Ranch Road Right of Way Dedication.
CONSIDERATION AND POSSIBLE ACTION — PLAT 23-25: FINAL PLAT OF MASSEY OAKS,
OLD MASSEY RANCH ROAD RIGHT OF WAY DEDICATION
A request of Andrew Lang, of BGE, the applicant; on behalf of Massey Oaks Development, LP,
owner; for approval of the Final Plat of Massey Oaks Old Massey Ranch Road Street Dedication
dedicating a generally 60 foot wide section of street right of way for Old Massey Ranch Road on
± 3.636 acres of land from the American Canal to the Harkey Road intersection.
Legal Description: A subdivision of 4.041 acres of land located in the H. Stevens Survey,A-593,
City of Pearland, Brazoria County, Texas.
General Location: Old Massey Ranch Road from the American Canal to Harkey Road.
Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
the applicant is not BGE, the applicant is RG Miller. Senior Planner Buaku stated that this final
plat conforms to the criteria of the UDC. Staff does recommend approval.
Landowner Representative, Alan Muller with Gromax Development, LLC at 1925 Pearland
Parkway, Suite 150, Pearland, Texas 77581, was in attendance in-person in Council Chambers
to answer any questions for the P&Z Commission.
Applicant Representative, Troy Nixon with RG Miller at 16340 Park Ten Place, Houston, Texas
77084, was in attendance in-person in Council Chambers to answer any questions for the P&Z
Commission.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT
23-25: Final Plat of Massey Oaks, Old Massey Ranch Road Right of Way Dedication.
Commissioner Henrichs made the motion to approve, Commissioner McCathran seconded the
motion.
Motion passed 4-0.
Vice Chairperson Fuertes rejoined the meeting.
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 and that the CUP does conform to 7 out
of 8 criterions of the UDC. 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. He stated that he is the General
Contractor and Project Manager. Mr. MacDonald stated that he is working closely with the
landowner, Mr. Lee, and business owner, Ms. Canada. He stated that Ms. Canada will be
practicing Thai massage, like therapeutic massage. Mr. MacDonald stated that Ms. Canada owns
the tea shop located in the neighboring suite and she is currently operating a massage
establishment in the Houston-Heights area. He stated that he is available for questions.
Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner McCathran asked Mr. MacDonald what type of massages and services the
massage establishment will offer. Mr. MacDonald stated that staff is certified and trained in Thai
massage, that is more like therapeutic massage. Vice Chairperson Fuertes asked if the business
owner was in attendance. Mr. MacDonald stated that she is not and may have gotten caught in
traffic.Vice Chairperson Fuertes stated that the reviews of her current massage establishment do
not conform to the rules for massage establishments in the City of Pearland. He stated that he
would prefer the business owner be in attendance to ask further questions. Deputy City Attorney
Provins stated that this item can be postponed by the P&Z Commission. He stated that in the
applicant packet, the business owner did not sign the Massage Establishment CUP Conditions
form. Commissioner Henrichs stated that she does not see an issue with a Thai massage
establishment in this area. Commissioner Henrichs and Assistant Director Griggs discussed the
Future Land Use Designation and Map for this parcel. Commissioner Henrichs stated that she
would be in favor of this CUP, but also does not know enough to not recommend this CUP to City
Council. Mr. MacDonald stated that the business owner did sign the Massage Establishment CUP
Conditions form, but he uploaded the wrong version of the form for the application. Chairperson
Dansby stated that he would like to ask the business owner questions.
Chairperson Dansby made the motion to postpone CUP 23-04 to a future P&Z Commission
Meeting, Vice Chairperson seconded the motion.
Motion passed 5-0.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Commission Input and Discussion —
Conditional Use Permit Application: CUP 23-07.
COMMISSION INPUT AND DISCUSSION -CONDITIONAL USE PERMIT APPLICATION: CUP
23-07
Public Hearing: A request by Clint Byrom, applicant, on behalf of Crosspoint Church, owner, for
approval of a Conditional Use Permit (CUP) for a Sheltered Care Facility on approximately 1.4
acres of land located within the General Business (GB) District, to wit:
Legal Description: A 1.354-acre tract of land, being the northeast and out of Lot 1, in Block 1,
Final Plat of Crosspoint Church, a subdivision in Brazoria County, Texas, according to the map
or plat recorded in County Clerks' File No. 2012049197 of the Plat Records of Brazoria County,
Texas.
General Location: Northeast Corner of 1134 Old Alvin Road.
Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated
that this CUP application is for a Shelter Care Facility in GB that will be a transitional housing for
children in foster care that will have a fenced in yard with a playground. He stated that Crosspoint
Church will deed the land to Isaiah 117 House. Senior Planner Bireima stated that the CUP does
conform to the criteria of the UDC. Staff recommends approval of the requested CUP with the
following condition:
1. The proposed use shall be developed in substantial conformance with the building size
and character as presented in the Applicant's Exhibits.
Applicant, Clint Byrom with Brint Construction at 3904 Conroe Lake Court, Pearland 77581, was
in attendance in-person in Council Chambers to present to the P&Z Commission. He stated that
he is the General Contractor for the project and an Elder with Crosspoint Church. Mr. Byrom
stated that Brint Construction is a family-owned business that he runs with his brother and
specializes in residential construction. He stated that Isaiah 117 House helps reduce the affects
a child might feel when being removed from their home by CPS. Mr. Byrom stated that Isaiah 117
House has 30 homes across the country and 5 homes located in Texas. He stated that this is his
first time applying for a CUP and recognized city staff for their assistance with the CUP application
process. Mr. Byrom provided an official updated survey of the site to the P&Z Commission and
staff for viewing. He stated that he is available for questions.
Chairperson Dansby called for public input.
Resident, Adelmiro Martinez at 3437 Hickory Creek Drive, Pearland, Texas 77581 , stated that he
is not in favor of the proposed CUP. He stated that he lives across the street from Crosspoint
Church and is worried about the deprecation of his property and the noise that will be created
from the shelter. Mr. Martinez stated that the church creates noise on the weekends and does not
want more noise during the weekdays.
Resident, James Adams at 2845 Westchester Circle, Pearland, Texas 77584, stated that he is in
favor of the proposed CUP. He stated that he has been involved with Isaiah 117 House for 2 years
and all their houses are very nice residential homes. Mr. Adams stated that there is not much
noise created from the shelter and that the organization prefers to not advertise or bring attention
to the location. He stated that children will only stay at the home for 2 to 3 nights until they
transition to more permanent housing. Mr. Adams stated that the surrounding property values
may rise due to the nice aesthetic of the home.
Vice Chairperson Fuertes stated that due to his experience being a real estate agent and broker
that he does not think Mr. Martinez's property values will decrease if the CUP was approved. He
stated that residential homes and churches typically do not decrease surrounding property values.
Vice Chairperson Fuertes stated that he would be in favor of the CUP. Commissioner McCathran
asked staff that if this was a proposed daycare or private school would there be any different
regulations. Assistant Director Griggs stated that the parking requirement ratio may change, and
that the applicant worked with city staff to decide how to classify the land use. Commissioner
McCathran, Commissioner Henrichs, Commissioner Kuhn stated that they would be in favor for
the CUP. Chairperson Dansby stated that he thinks the impact on the surrounding community
with be minimal and that he would be in favor of the CUP. Vice Chairperson Fuertes informed the
applicant about the Pearland ISD mentoring program and that he would be in favor of the CUP.
Deputy City Attorney Provins stated that a daycare would be allowed by right in the GB zoning
district, but this use has been classified as a Shelter Care Facility.
All 5 P&Z Commissioners stated that they are in favor of the CUP application with the recommend
condition.
No further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. Commissioners Activity Report: Vice Chairperson Dansby and Assistant Director Griggs
discussed the onboarding of new P&Z Commissioners.
2. Next P&Z Regular Meeting: April 3, 2023
ADJOURNMENT
Chairperson Dansby adjourned the P&Z Regular meeting at 7:18 P.M.
These minutes were respectfully submitted by:
Shelby Lowe, Adtinistrative Assistant
Minutes approved as submitted and/or corrected on this 3rd day of April 2023, A.D.
Brandon Dansby, Planning &Zoning Chairperson