2024-07-01 Planning and Zoning Regular Meeting MinutesMINUTES OF THE REGULAR MEETING HELD IN -PERSON BY THE PLANNNG AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JULY 1, 2024, AT 6:30 PM
IN COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson Derrell Isenberg opened the meeting for the P&Z Regular Meeting at 6:30 P.M.
In attendance were:
P&Z Chairperson Darrell Isenberg
P&Z Vice Chairperson Jennifer Henrichs
P&Z Commissioner Henry Fuertes
P&Z Commissioner Brad Kuhn
P&Z Commissioner John McDonald
P&Z Commissioner Jenifer Stockdick
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Francisco
Reyes, Community Development Deputy Director Martin Griggs, Planning Manager Katya
Copeland, Senior Planner Florence Buaku, Planner II Patrick Bauer, and Executive Assistant
Jennifer Danley.
CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and require little or no
deliberation by the Planning & Zoning 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.
Commissioner Fuertes recused himself from the P&Z Regular meeting at 6:32 pm.
Consideration and Possible Action - Excused Absences - Excuse the absence of
Commissioner Brad Kuhn and Commissioner Jenifer Stockdick from the June 17, 2024, P&Z
Regular Meeting.
Consideration and Possible Action - Approval of Minutes - Approve the P&Z Regular Meeting
minutes from June 17, 2024.
Consideration and Possible Action - Extension Request for PLAT 22-63: Preliminary Plat of
Lew Tract South Section 1
A request by BGE Inc, the applicant; on behalf of Massey Oaks Development LP, owner; for
approval of the extension of the expiration date for Preliminary Plat of Lew Tract South Section 1,
creating 72 lots, 8 reserves and 3 blocks on 36.98 acres located south of Old Massey Ranch. Road
and East of Harkey Road described to wit:
Legal Description: A subdivision of 36.98 acres of land located in the H. T&B.R.R. CO. Survey,
A- 525, City of Pearland, Brazoria County, Texas.
General Location: South of Old Massey Ranch Road and East of Harkey Road.
Consideration and Possible Action - Extension Request for PLAT 22-64: Preliminary Plat of
Lew Tract South Section 2
A request by BGE Inc, the applicant; on behalf of Massey Oaks Development LP, owner; for
approval of the extension of the expiration date for the Preliminary Plat of Lew Tract South Section
2, creating 61 lots and 3 blocks on 10.5 acres located south of Old Massey Ranch Road and East
of Harkey Road described to wit:
Legal Description: A subdivision of 10.5 acres of land located in the H. T&B.R.R. CO. Survey, A-
525, City of Pearland, Brazoria County, Texas.
General Location: South of Old Massey Ranch Road and East of Harkey Road.
Consideration and Possible Action - Extension Request for 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 extension of the expiration date for 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.
Consideration and Possible Action - PLAT 24-44: Preliminary Plat of Sudan Villas
A request by Advance Surveying Inc, the applicant; on behalf of Ahmed Elsayem, owner; for
approval of the Preliminary Plat of Sudan Villas creating 6 single family lots, 2 reserves, and 1
block on ± 3.07 acres of land located north of Hawk Road.
Legal Description: Being a Portion of Lot 18 of Allison Richey Gulf Coast Home Company's
Suburban Gardens Subdivision of Section 20, Recorded in Volume 2 Pages 23 and 24 of the Plat
Records of Brazoria County Situated in the H.T B.R.R. Co Survey Abstract No. 506, Brazoria
County, Texas.
General Location: 8933 Hawk Road, Pearland.
Chairperson Isenberg asked for the motion to approve the Consent Agenda. Commissioner Kuhn
made the motion to approve the consent agenda, and Vice Chairperson Henrichs seconded the
motion.
Motion passed 5-0.
Commissioner Fuertes joined the meeting at 6:33 pm.
ITEMS REMOVED FROM THE CONSENT AGENDA
none
NEW BUSINESS
Chairperson Isenberg read into the record the item on Consideration and Possible Action — Zone
Change Application: ZONE 24-11.
Consideration and Possible Action - Zone Change Application: ZONE 24-11
Public Hearing: A request by Jessica Ruiz, applicant, on behalf of Prosperity Roofing &
Construction LLC., owner, for approval of a zone change for 0.9753 acres of land from Office &
Professional (OP) District to General Commercial (GC) District, to wit:
Legal Description: Being a tract of land containing 0.9753 acres (42,484 square feet), situated in
Section 8 of the H.T. & B.R.R. Company Survey, Abstract 504, Brazoria County, Texas, being all
of a tract of land conveyed unto DGND Holdings LLC under County Clerk's File No. 2023009782
of the Official Records of Brazoria County, Texas, and being out of and a part of Lot 23 of the
Allison -Richey Gulf Coast Home Company Subdivision of said Section 8 as recorded in Volume 2,
Page 23 of the Plat Records of Brazoria County, Texas.
General Location: 2641 Roy Road, Pearland, TX.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that this is a zone
change from Office & Professional (OP) District to General Commercial (GC) District for roofing
business office space and storage of materials and equipment. Mr. Bauer discussed that staff had
not received public comments in favor or against the request, the history of the property, and the
GC District being compatible with the business commercial designation. Mr. Bauer stated that the
zone change meets all four criterions of the Unified Development Code (UDC), and staff
recommends approval.
Applicant, Jessica Ruiz at 3715 Belmore Lane, Pearland, Texas 77584 was in attendance in -
person in Council Chambers to present to the P&Z Board. Ms. Ruiz stated that she is available for
any questions from the P&Z Board.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Fuertes discussed the UDC re -write, and that Roy Road may fit with a similar
designated zoning district such as the Garden O'Day mixed use district.
There was no further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the item on Consideration and Possible Action — Zone
Change Application: ZONE 24-11. Commissioner McDonald made the motion to approve the zone
change, and Commissioner Fuertes seconded the motion.
Motion passed 6-0.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —
Conditional Use Permit Application: CUP 24-16.
Consideration and Possible Action - Conditional Use Permit Application: CUP 24-16
Public Hearing: A request by Aurangzab Jalili, applicant, on behalf of Turphin Ventures, LLC.,
owner, for approval of a Conditional Use Permit (CUP) for an Auto Wash use within the General
Business (GB) District, on approximately 2.261 acres of land, to wit:
Legal Description: Lot 1, Block 1, Development Plat of Jalili Acres, a subdivision in Brazoria
County, Texas, according to the map or plat thereof, recorded in County Clerk's File No.
2023039613 in the Plat records of Brazoria County, Texas.
General Location: 8013 Broadway Street, Pearland, Texas.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the Conditional Use
Permit (CUP) is for an Auto Wash in the General Business (GB) District and staff has not received
public comments in favor or against the application. Mr. Bauer discussed the history of the
property, the previous CUP expiring in August 2023, and the various locations of Auto Washes in
the area. Mr. Bauer stated that with staffs conditions the CUP will meet all seven criteria of the
UDC, and staff recommends approval with the following conditions:
1. The proposed carwash shall be developed in substantial conformance to the building
materials shown on the Applicant's Building Elevation Exhibits.
2. The east and west property lines shall be screened with a minimum 36" continuous
hedgerow of evergreen shrubs to screen the view of the carwash operations from adjacent
properties.
Applicant, Tamoor Jalili at 5225 Katy Freeway, Suite 465, Houston, Texas 77007, was in
attendance in -person in Council Chambers to present to the P&Z Board. Mr. Jalili discussed the
brand of Top Soap Car Wash as a high -quality product and that they participated in community
events at other locations. Mr. Jalili stated that he was available for any questions from the board.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner McDonald asked staff the number of car wash CUPs approved since the initial
approval of the Top Soap Car Wash CUP. Deputy Director Griggs state less than a handful
possibly three. Commissioner McDonald discussed the ratio of car washes in the City of Pearland.
Commissioner Fuertes asked staff the time expiration of a CUP one year or two years. Planner II
Bauer stated yes and that the applicant missed the extension time period. Commissioner Fuertes
discussed the various types of car washes in the City of Pearland. Chairperson Isenberg asked
the applicant if they agreed with the staff's conditions. Mr. Jalil stated yes.
There was no further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —
Conditional Use Permit Application: CUP 24-16. Commissioner Fuertes made the motion to
approve the CUP application with staff conditions and Commissioner Stockdick seconded the
motion.
Motion passed 5-1
Chairperson Isenberg read into the record the items on Consideration and Possible Action —
Conditional Use Permit Application: CUP 24-17.
Consideration and Possible Action - Conditional Use Permit Application: CUP 24-17
Public Hearing: A request by Eddy Aguiar, applicant, on behalf of PCDF Properties, LLC., owner,
for approval of a Conditional Use Permit (CUP) for a Cigar Shop use within the General
Commercial (GC) District, on approximately 1.1614 acres of land, to wit:
Legal Description: Lot 1, Block 1, Final Plat of Silverlake Center, a subdivision in Brazoria
County, Texas, according to the map or plat thereof, recorded in County Clerk's File No.
2003052772 in the Plat records of Brazoria County, Texas.
General Location: 10201 Broadway Street Suite 113, Pearland, Texas.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated the CUP request was to
allow a Cigar Shop within the General Commercial (GC) District. Mr. Bauer discussed the Future
Land Use of the property, and that staff has received one phone call in favor and one written
request in opposition to the proposed CUP. Mr. Bauer mentioned the various businesses
operating on the property and discussed the history of the property. Mr. Bauer stated the CUP met
all seven criterions of the UDC and staff recommends approval.
Applicant, Eddy Aguiar at 2102 Rock Prairie Court, Pearland, Texas 77581 and Gary Willingham
at 3902 Kinnerton Street Pearland, Texas 77584, were in attendance in -person in Council
Chambers to present to the P&Z Board. Mr. Willingham discussed the necessity for a new
location, the consumer's need to have a place to digress with a cigar, and the ventilation system
within the establishment.
Chairperson Isenberg called for public input.
Resident, Chesley Sharp at 2701 Old Alvin Road, Pearland, Texas 77581, stated they were in
favor of the Cigar Shop, described the good service he receives as a patron, and the ability to
network with others.
Resident, Norma McVickar at 4423 Ravine Drive, Friendswood, Texas 77546, stated they were in
favor of the Cigar Shop and discussed the Cigar Shop service and atmosphere.
Commissioner McDonald discussed his concerns and the ordinance that prohibits public smoking
within the city. Vice Chairperson Henrichs stated approval of this location over their previous and
hadn't heard of any complaints from the business. Chairperson Isenberg discussed learning about
air handlers and how they filter out smoke.
There was no further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —
Conditional Use Permit Application: CUP 24-17. Commissioner McDonald made the motion to
approve the CUP and Commissioner Kuhn seconded the motion.
Motion passed 6-0.
DISCUSSION ITEMS
1. City Council Update Report: Deputy Director Griggs stated that at the June 24, 2024,
City Council Regular Meeting, Council denied ZONE 24-07 an amendment to the Ivy
District Planned Development with a vote of 2-5. Mr. Griggs mentioned that ZONE 24-
10 for the amendments to the Province Village Planned Development was approved by
Council with a 7-0 vote. Mr. Griggs stated that the Council approved the first reading
with a 7-0 vote to adopt the Comprehensive Plan-Pearland 2040 and the second
reading will be at the July 22, 2024, Council Meeting. Mr. Griggs discussed that Council
recommended amendments to the Comprehensive Plan, specifically action items 6.2
and 6.3 for additional clarifying language.
Commissioner McDonald asked staff if the Comprehensive Plan updates will come
back to the P&Z Commission. Deputy City Attorney Provins stated that it will not come
back to the P&Z Commission because the first reading passed. Commissioner
McDonald expressed his desire for the P&Z Commission to be informed of the updates
to the Comprehensive Plan. Deputy Director Griggs discussed the changes to the
Comprehensive Plan and indicated that staff would inform the P&Z Commission once it
was adopted.
2. Commissioners Activity Report: None.
3. Next P&Z Regular Meeting: July 15, 2024.
City Council and P&Z Joint Workshop: July 22, 2024.
ADJOURNMENT
Chairperson Isenberg adjourned the P&Z Regular meeting at 7:20 P.M.
These minutes were respectfully submitted by:
PA1/yl�fiL
Jennifer Danley, ecutive Assistant
Minutes approved as submitted and/or corrected on this 15th day of July 2024
T''''E-- 4
Derrell Isenberg, Plannin._< oning Chairperson