Planning & Zoning Commission - Regular Meeting

uh want to wish everybody a happy new year. This is our first meeting of the new year. So uh so we're anxious to get get started. Uh introduction of agenda and format. Turn it over to you staff.

Thank you chair. Good evening everyone. First we will have a call to order then a staff report. Then the applicant will have an opportunity to provide a presentation or state that they are just available for questions. Afterwards public comments in support or opposition will be open. Please state your name and address for the record and please be brief and to the point within a threeminut time frame. Afterwards, the commission and staff will have their discussion, and the commission will then vote to recommend approval as presented. Approval with conditions, denial of the request, or to table the item. City council's consideration of the conditional use permit and the unified development code amendments will be on the Monday, January 26, 2026 meeting. Tonight on the consent agenda, we have excused absences as well as approval of the END regular meeting minutes from December 15th, 2025, as well as a final plat for Harmony School's Parland. And then on new business tonight, we have a conditional use permit for a church and then another conditional use permit for a resale consignment shop in the BP288 district. And then finally, we have a unified development code text amendment. Thank you, chair. I'll pass it back to you.

Thank you, Katchcha. All right, that brings us to the consent agenda. And uh I need a a motion and a second for approval on the consent agenda. Commissioner Haskins. Motion to approve. Commissioner Henrik. Second.

All right. Any discussion? Seeing none, uh call for the vote. All those in favor, sign by raising your right hand. All those opposed, same sign. Passes four to zero. All right, that takes us to items removed from consent agenda. None were uh removed. Um that brings us to new business. Uh consideration of possible action conditional use permit application CUP205-0370. Public hearing a request by Billy Sai, applicant on behalf of Antioch Houston Church owner for approval of conditional use permit for church use within the office professional district on approximately 4.190 acres uh located at 3801 Liberty Drive, Periland, Texas. I'll entertain a motion in a second for approval. Motion to approve.

Commissioner Henrik. Second. All righty. Then that takes us over to uh purpose for the hearing. Turn it over to staff.

Good evening, commissioners. Um tonight's request, as was just read into the record, is for a conditional use permit for a church to operate um in the existing building located at 3801 Liberty, which is approximately 30,000 square ft. um they are proposing to occupy it as a church with the associated um services, offices, etc. We did not receive any public comment in support or against the application. Notices were sent to all property owners within 200 feet of the project. The sign was posted. The property is zoned off as professional and is surrounded on three sides by R2 or I guess two sides by R2, one side by R1 across Mary's Creek there to the south. And then um the portion of the lot which is being proposed for the conditional use permit which is that 4.190 acres of land is bounded to the south west there by additional um office professional zoned property. The overall site then goes into more R2 district. Um this site is not yet platted and it will need to be platted prior to development taking place which would include the improvements required for use should it be prop should it be approved on the site. Um so it is surrounded by single family residential primarily. The building just um to the southwest of it there is a daycare facility. Mary's Creek runs behind it and then beyond um the daycare facility there is the city park. on the future land use map which is found in our comprehensive plan. This area is identified as traditional residential primarily with um a natural areas

um running along Mary's creek there. So the future land use map identify or the comprehensive plan place types identify secondary uses for both of those proposed place types as civic and institutional uses which is what this would fall under. History of this property. It was annexed in 1960. By 1977 it was developed with two buildings that were occupied by a school. In 2011 a cup was issued for an institution of religious education or philanthropic nature. um which has then since been abandoned. So an adult daycare which is permitted there has been operating only on the first floor of the building. In February of 2024 a zone change was brought before the planning and zoning commission and city council for R2 to neighborhood services or the NS district. In March of 2024 the zone change was approved. However, it was not approved to neighborhood services but rather to office professional which was found to be more appropriate with the surrounding uses. So the property was reszoned to office professional. The daycare adult daycare facility was continuing to operate in that space through that time. So um that use is now being requested to be changed to this church use which requires a cup. on the screen you see here. I think um the site I've turned the image from your packet sideways so that it's more reflective of the direction that you are seeing it um if you were to be driving down Liberty Street there. So Liberty is all the way on the left hand side of the screen um with the building that already exists shaded in gray and towards the rear of the property is Mary's Creek. If you look at that as an overall site, you can see Mary's Creek running behind the property there.

This property um it meets the criteria for the comprehensive future land use plan um with the resident traditional residential and neighbor natural areas and outdoor tourism place types. Uh Liberty is a major collector to be widened. The right-of-way dedication will take place at time of platting. However, the proposed work that would be part of this project um would be outside of that and the CUP is for the use only. The unified development code requirements would need to be met again at time of development for the additional site improvements that would be necessary with the change of use. um which would include detention and parking for the site to be brought up to compliance for the proposed use. Um but it with the preliminary site plans that we've seen, all of that would be taking place behind the structure rather than in front, which would be um out of the way of any right-of-way improvements. And then the property does have access to water and sewer. It also meets all of the criteria here for the conditional use permits. Um so it is compliant with all of the um criteria there. With that um staff finds that it meets the established criteria and it is consistent with the policies found in the comprehensive plan, future land use map and the thoroughfare plan and recommends approval of the conditional use permit as submitted in the staff report.

Okay. Thank you Katie. U that brings us to applicant presentation. Is the applicant present? Do you wish to go to the podium, state your name and address for the record? My name is Billy C. I'm with Antioch uh Houston Church. Um like my personal address or the name of our new the property that we're You said you said address. I'm sorry. Uh your your address. Uh I live at I live at 36 uh 3616 Pine Chase Drive, Perland, Texas 77581. Okay.

I'm available for questions. I don't necessarily have any comments, but grateful to be here and grateful for your Okay. Right now we can't dialogue, but uh after we go through the process, if we have questions, we'll call you back up. Okay, sounds great. Thank you. That brings us to uh persons wishing to speak for or against. I have one speaker card here. Nicholas Verender Verendon. Uh would you podium state your name and address for the record please. Good evening everybody. You have three minutes.

My name is Nick Verindon. My wife and I own the property directly behind this facility at 2432 Park View. Um and I am here speaking in opposition today simply because we've already been down this road before. This property was uh used by one living church at some point in time. I don't have the years. Uh but we do have video actually and I also have uh multiple conversations with the previous pastor. Uh it's loud. It's very loud. I have uh video of the screens on my home shaking from their audio equipment and the bands. Um my wife and I are small business owners. Uh we both own two separate small businesses and Sunday is just so happens to be our one day off where we catch up on our sleep and there were multiple occasions with the uh previous tenant um shaking us awake at 7:00 in the morning um and and sometimes before that when they were doing sound testing um I I don't really appreciate it. I had multiple conversations with the pastor previously and he was telling me it was going to be resolved. It wasn't going to be an issue. Um, and then ultimately it did come down to me having to tell the pastor that I was going to accelerate this to including law enforcement simply because my wife and I are entitled to our sleep and privacy on our property. Um, a secondary issue, and it's not as major, but it is something that I do want to address. Um, they have kids using the facilities and running around. And, uh, we had a couple instances of the kids from the church coming over and antagonizing our animals, our dogs in our backyard. And uh while that did not become an issue, um I don't want it to become an issue. I have two very large dogs and one of which is very protective of her property. Um I I guess that's just me speaking my piece. I'm not a real fan of uh the idea of of that facility being used because there's no sounding whatsoever. Um it's it's very loud and it's very disturbing on a Sunday morning. Thank you.

Okay. Thank you. Uh, anyone else wishing to speak for against this item? Asking one more time. Anyone wishing to speak for against this item? Seeing no one moving at direction, we'll turn it over to uh, Commissioner's uh, discussion. Trey, you want to kick it off? None for me. Um, I'll ask the question from the pastor. I guess I don't know if you're the pastor or not. Could could you at the podium?

So, my question is, um, obviously we want to make sure we're nice neighbors. What is your I I don't know. I've been to many churches and I've never heard them out loud when walking up to the facility, so I'm not really sure what was going on, but could you tell us a little bit more about your services and would they be coming outside of the building?

Yeah, first off, it just that sounds terrible and I just feel I feel sorry that that happened to you. I've I've um had I've known a met pastor for over 20 years and heard a lot of stories of neighbors of different churches that had miserable experiences especially with like parking light lighting and and noise and and the like. So, one thing I can say about this property is that um we actually did look at this property several years ago while that church was meeting and we went inside to look at their facility and it's just a gymnasium and um they were there was just like garage doors and like no acoustics, no sound panels, no no anything to absorb sound whatsoever. It's just a a gymnasium. and we have a $2 million remodel project where um we do value music. It's really important um to us, but our our sound techs are also a little snoody about that and really prefer to have um if the sound is coming out of the building, it's not staying in the building and that's not good for sound. and and so our hope is to um significantly soundproof that property and um um bu we're building walls in between the external wall and we'll have sound acoustic panels on the walls and um of course we're a church so we want to be a blessing to our neighbors especially and um would hope that we would hear feedback and be able to address it as best as possible and so um I think that's I think that's the main thing I can say, but with the current situation of just imagine, you know, if you're outside of a gym and you hear a basketball bounce, you can hear it outside. And so those those floors are not good for acoustics. Um that so as is, it would be a nightmare for sure. But with carpet and with uh acoustic panels, sound panels, walls between the external barrier, um we would hope that we would significantly mitigate that sound. um as

well as only have you know as a church you'd have sound playing for you know maybe two to three hours on a Sunday um and then maybe one time throughout the week possibly. So that would be maybe four hours of sound that we would be attempting to mitigate and hopefully again be a blessing to the community as well. So no thank you so much for Is that helpful? Yes. And then from the city perspective, I'm sure that we have some type of ordinance rules about sound disturbance. Correct.

Yes, we do have noise ordinances. So if if there were actual complaints, that would be something that could be handled by PD on a citation basis. Yeah, for clarifying that. Sure. And also if that is something that um if that's a concern then there could be a proposed condition on the cup that the sound from the church operations doesn't it's not supposed to go beyond the property line. That would be another option as well. I think I think that if there's there is something on the ordinance that the PD can handle if that becomes an ongoing issue. We will let the city in.

If I can interject, sometimes, especially with religious operations, some have loudspeakers that are intended to carry outside the church operations. Um, what we don't want is to get into a religious use issue. Um, and when you go to enforce noise ordinances against some churches, that could be a concern. and then the police responding to something on a Sunday morning like a sound issue or or whenever services are issued or are handled. Um I I think that that while it is a tool enforcement of that tool isn't always immediate and it is after problem has surfaced and a call or complaint had to come in and it might be recurring every month or six months or whatever it is. So, um, because this is a cup, it might be more appropriate to add that as a condition and rely on the ordinance, um, it just puts more teeth in the the enforcement side of it, I guess, is the way that I would explain it.

I was just going to Can back, you you mentioned gymnasium, but then carpet and acoustic panels. is yeah, can you can you maybe elaborate? Is it your intent to improve the facility to some degree and and maybe could you

Yes. So, we we we currently are working with Bino Construction. Uh and they were going to be here tonight, but I don't think they could they could attend. So, we have a $2 million remodel project for that building right now. We have no no we we are have no intention or plan of using this building until it's uh for our Sunday morning services until it's remodeled. Um we currently have a lease till the end of um uh till the end of July at Grace Christian Academy um and over by Ellington Field. And so um yeah, we're doing a massive remodel. Our plans are available online for people to see the sanctuary which would include uh I mean you can see behind the property there'll be a little bumpout. Right now that's not there. So that there will be a bumpout and so the stage will be on the bottom. So on the opposite side, I suppose uh the gentleman's house is on the other side um up there on the top, but our sanctuary will be on this on the the bottom left side. Um and there will be a a wall a barrier between that and those will those will not be that's not where music will be. Uh but right now that wall facing the street is just flat and it's like like a foot of sheet metal basically. And so, and that's what the previous church was using it as was there's no sound barrier whatsoever. But we will have a barrier. We'll have carpet. We'll have seating. We're putting on a balcony. I mean, these are all the plans that still are yet to be permitted. We're we're working with the city with BNO construction to do all that. But, um, yeah. So, um, carpet, acoustic, spray, paneling. I'm not going to speak for our worship director. he would he's the tech guy, but we're very um we're very particular about sound um sound being of high quality and and not just oozing out of into the into the streets. And so we don't have uh any intention, I don't think it's personally

a good strategy to uh try to attempt to grow your church by blasting music uh into uh into the neighborhood. Um we genuinely want to be good neighbors. um have been uh transparent uh with the city and the the fire marshal on all of our all of our plans. And so um we also do own the other two properties right south um as well. And so we're working with our our new tenant at the preschool as well to to be the best neighbors we can be as well. So, we also understand that this property is right there uh on the on the on the park, which is very important to the heart of Pland and and uh we want to we want to be good neighbors to the city and be a blessing. We're we're a community church. Um so, I I can't guarantee we won't have loud people um more than any other church in the world could. Um but I I can guarantee we'll do our best and we'll be open to feedback. Um do whatever we can to be a blessing to our our neighbors. I don't I don't have any additional questions. I think Jennifer asked the question that I was, you know, wondering about the acoustics. So, I think you addressed that. I don't know if this helps, but when we moved into Grace Christian Academy, it was a it's a big beautiful sanctuary. Um, and it's all concrete. It was all cement walls um built for probably a choir, but our our band was insistent that we we build acoustic panels all the way up to the top and block in the black w the back windows to prevent sound from going out. So that's part of the problem when you have an acoustic setup like a gymnasium is and if the if the sound is going to the neighbors then you're you're losing sound if that makes sense. And so you want to the idea of having a a good venue for something like that is you want to do as best you can keeping the sound in the room um for at least

our type of contemporary worship that we do. I do have one question. So sir, when when that remodel is taking place, is there an opportunity to be able to kind of test those acoustics and um maybe make any any revisions, modifications if 100%. Yeah. I mean, the last thing we want to be as a church is a problem to our neighbors. We we aspire to be a community that if we left, our neighbors would be sad. Um, not celebration. And and um we are 100% open to walking that process out with the city and our neighbors.

Yeah. I would just encourage you to with the resident and yeah, I love to even exchange information and um be able to have an open line of communication for feedback and again every I've been a pastor for a long time. I hear stories all the times about things that churches have done to neighbors and and all kinds of folks and it just breaks my heart because that's not that's not our desire. You know, we want to be a blessing to our community. So

would uh one of the commissioners like to uh put a condition? I I think we could put a condition just assuming in the future if they ever sold out to anyone else at least the neighbor we know the neighbors would be protected and we obviously know when they develop this they're not going to have that issue but it's just the future. So, I'm just not sure how do we how you said we should word it as a condition that the sound cannot leave the property line. Sorry. Essentially, uh something along the lines of a condition would be no sound from church operations can be heard beyond the property line. Okay. So, so they're ensuring that as as he was saying that the sound stays in the building basically.

Okay. I would like to what do we call this? Make a a condition to the amendment that no sound would leave the property. No, the church would not have sound leave the property. Right. Can I can I just ask one little question there because um um maybe amplified that that sound that sounds Yeah, that that sounds like man like I can hear my neighbors like shut the cabinets sometimes like so and I I don't I'm I'm in a different property and so

um I I um I'm also not the sound tech and um but I know I know that we do not want to disrupt our neighbors sleep on a Sunday morning, you know, and so um and I do know with the current layout of the building, you go in there and clap, you can hear it from the street because it's a gymnasium and and just like with if you've dropped your kids off at basketball, you hear them dribbling outside when you're in the parking lot. And that's what a gymnasium is. And that's not that would be terrible for worship on a Sunday morning, which is why I understand that that interrupted our our neighbor. And so what I can guarantee you is that we have current plan is to spend between, as much as I hate to do this, the current plan is to spend between $3 and $500,000 to hire professional sound engineers to come in there and put the best quality sound system in there um possible to not disrupt our neighbors and to provide a meaningful experience for our members on a Sunday morning. So, but to guarantee that nobody will ever hear what's happening on our site just seems a little

I don't think it's the site. Well, and I think it sound my understanding of the concern as as stated by the speaker was the amplified sound coming from inside the church. You can ask the speaker questions if you want to call back up.

You can go back up to the podium, sir. Um, so exactly kind of what he was saying. It's just a giant steel building. It's it's it's an erected steel building and it's just got our panel and that R panel acts almost almost like an amplifier. So when they're bouncing sound off it, it's like you said, you can you can hear a basketball bounce and you just the sharp ping ping ping outside. Well, now imagine a Sunday morning church service and they had, you know, the the tall speakers and amps and they're blasting music and it would literally rattle the screens on the house. If these guys are doing what they're saying with a a a big remodel and they're putting up an acoustic, speaking of which, if you need a sound guy, I've got a local guy. He's awesome. He lives

information. He owns the music factory right here. Um, if they're putting up acoustic dampening materials, if they're creating a soundproof, I'm happy. I I don't mind a church coming in. I don't mind the traffic that my only problem was literally being able to, you know, sleep in on a Sunday morning and and it sounds like they're on the right track. So, I'm I'm absolutely happy with what I'm hearing tonight. Um, that's it, guys. Appreciate it. Okay. I think we'll we resolved this issue, so we can move on. Okay. Okay. So, no amendment. For my clarification, is is the plan to add a condition regarding amplified sound or is everybody good? Just table it. Yeah. No, no, no condition to add that.

Okay. If you are okay with it, then I am, too. All right. Sound like the the neighbor's okay with it. So, all right. Um, everybody everybody good?

All right. Let's call for the vote. All those in favor sign by raising your right hand. All those opposed, same sign carries. Four to zero. That moves us to the second condition uh consideration possible action conditional use permit application uh cup 2025-0572 request by Dana Garnett applicant on behalf of um Armadali Ver Verani uh owner for approval of conditional use permit for resale consignment shop uh use on approximately 2.438 acres of land with the uh within the business park at 288 uh district uh general location east of Business Center Drive, south of Broadway Street and north of Magnolia Parkway. Can I have a motion and a second?

Motion to approve. Motion to approve. Second. All right. Having that, that calls for staff report.

Thank you, chair. So, the request for you tonight is the applicant is proposing a 15,000 square foot resale and consignment shop use. And the proposed store is to be open to the public for the purpose of dropping off clothing and other apparel items for resale and purchasing. To date, staff has not received any comments in support or against the request. And so the as mentioned the zoning of the property is the business park 288 district. That same zoning is to the north, east or not east, my bad. North, south, and west. And to the south is uh state highway 288. And some of the uses are there's the floor and decor across business center drive to the west as well as a multi-tenant retail. And then the the north and south is currently undeveloped lots. In terms of the future land use plan, uh the subject property is in the commercial center and is surrounded by that same place type on all sides. Um and the commercial center kind of primary land uses are retail, restaurants, multi-tenant commercial. So a little history on the property. It was annexed into the city in 1996 and then it was platted as a part of lot two of the ZFAM properties plat which that entire plat includes properties that are to the north and south as well. And so actually lot two is combined with this lot and the property to the north. So if they move forward with developing this, it would require actually a replat of the land as they're further subdividing that lot out. And so here look at the proposed site plan for the development. Business center is on the bottom of your screen with 288 being the top of your screen. um kind of the lefth hand side of your screen that'd be the north of the property and right hand side is going south. And so uh in the kind of in the middle of the side is the 15,000 square foot building. Um and that building

includes a drop off on the south side and a loading dock um on the north side of the building which faces out towards Business Center Drive. Additionally, they have surface parking uh for the site and the detention is proposed along the 288 side of the property. And so here we go just a preliminary landscape plan for the site. Um requirements for landscaping kind of include business center frontage has certain tree requirements as well as shrubs as well as um state highway 288 has specific tree requirements. And then within the site there's also the interior uh parking island or interior parking tree requirements for the site. And that's kind of shown here um with this landscape plan. So over the next two slides, we'll kind of show the elevations uh for the building. Um the north elevation, which is facing one of those other properties, is on the top of the screen. And the bottom image is the west elevation, which should be facing Business Center Drive. And then the top screen on this one is the south elevation. You can see the kind of the drop off wind or drop off window right there with the glass. And then this east elevation would be what you would see facing uh business park 288 not business park my bad facing 288 the roadway and so in terms of some of the review criteria um the proposed use is consistent with the commercial center place type um it's along the business center drive which is a secondary thoroughare with sufficient width and the state highway 288 frontage road and then in terms of the UDC um any development that goes on the side will be required to meet all the regulations for BP288 district which includes um articulation requirements from 288 as well as additional landscaping and other development regulations. And then in terms of utilities, the subject property has access to water and sewer along

Business Center Drive. And in terms of the approval criteria for a conditional use permit, staff found that the request met five of the uh criteria for approval with two of the criteria being may meet with uh some of staff's conditions relating to screening of the loading dock. So as mentioned the proposed CU meets five of the criteria may meet two with staff's conditions and the proposed use also is consistent with the policies of the comprehensive plan and the thoroughare plan. And so staff recommends approval of the requested CUP with the following conditions. Uh condition one is that uh two parking lot trees shall be provided in the incap islands and the row of parking that's adjacent to the northwest side of the building which is um where that loading dock is located. And the trees shall be a minimum 3-in caliper measured at 12 in above the root ball. And trees shall be evergreen with year- round foliage. Condition two is that the keeping, displaying or storing of any goods, materials, merchandise or equipment outside of the principal building shall be prohibited and any material, debris or refuse dropped off on site must be located inside the building immediately or be transferred to the dumpster. And then finally, the last condition is that the proposed elevations shall conform to the attached concept elevation sheets with the requirement that a minimum of 25% of the exterior wall facing Business Center Drive, which is the west elevation, shall be transparent. And that concludes staff's report.

Thank you, Patrick. Uh that brings us to the applicant's presentation. Is the applicant present? State your name and uh address for the record, please. Good evening. My name is Jason Miller. I'm the architect for the project. Uh my address is 21446 Pton Drive in Tombball, Texas, 77401. Uh we don't really have any additional information to present, but we're here for any questions.

Okay. Thank you. That brings us to persons wishing to speak for or against this project. I'm going ask one more time anyone wishing to speak for against this project. Seeing no movement, we're going to move it to uh staff and uh commissioners uh discussion. Uh Jennifer, you want to kick it off?

Um yeah, I don't really have any further comments on this site. I think the facade was looked pretty good. And I I don't think I've seen a Goodwill or donation drop off site over there. So, it's going to be a great asset to the community. Um did you Yeah. Did you did you play around any with the configuration of the um loading dock? not too crazy about it facing is a center.

We did originally have it on the rear of the building and it was creating some challenges based on the size of the screening because my understanding is if it faces 288 the screening of that dock has to cover the truck as well and that was pres presenting some cost prohibit prohibiting cost factors related to construction for what we're trying to accomplish. Um, so we we propose moving it to the north side, which has slightly less stringent screening requirements. We'd still have a 4 foot uh dock wall that would screen that kind of area. And then obviously with the addition of the request to have two additional trees placed in that area to help screen further question. Um where is where is this in relation to I'm trying to find it. Is it um I guess um north of Ishine in between? Yep. Ice shine's right here at the bottom of your screen. There it is. Okay. Undeveloped lot. And so you Florida's right here and there's kind of like undeveloped lot and then that multi-tenanted retail. So um when you're going past this, it all just kind of blends in together because it's just all like a better wooded area,

right? So it's just a portion of that. It's not that entire portion. It's just just this portion because this is with the northern portion. That's what lot two is as a whole. And then this lot in between the subject property and I shine is actually a separate lot. No.

Right. Um, so walk me through the third extra condition. Um, I I frequent the Jimmy Chongas there a lot with my kid. Um, once we pick him up, I haven't noticed anything else having I guess 25% of the frontage um, facade be transparent. So, can you walk me through the mentality there? Yeah, I think with a conditional use permit, um, it's kind of more of a heightened requirement. I would say while it's not a requirement, there may be property like the multi-tenant retail across the road, they they're probably providing that 25% because they're a retail operation. Um, so they provide that storefront. So the typically multi-unit retail, you want the storefront so that it's inviting and it's more to increase the aesthetic and appeal of the of the property. But the business park 288 doesn't actually have it's not treated like a corridor overlay district where business like business center drive is not considered a corridor overlay district. It's not one of those classified roadways. So it wouldn't have that additional requirement. through a conditional use permit, a condition may be added to enhance the the view of that of that building. Or even, hey, if they have a loading dock at the front, should that also be that, hey, we're going to make the front look a little a little more transparent to kind of um increase the the look of it as well.

Thank you. Um, is that something that y'all could do? is is I mean is that a uh yes I believe we could study that and see what we're showing right now what that percentage is and see how that would play into it. Okay. Thank you. Okay. I think that about covered everything. So uh I'm going call for the vote. All those in favor Well hang on. Um would we like to uh vote on the amendments the the conditions that the staff put on? Yes. So I need a

they're not automatic. Right. They're saying they had to be added in. Right. So we have to we have a motion and a second for we have to have a motion and a second to vote on the amendments. Okay. I'll entertain a motion and a second for I make a motion that we approve the additional conditions by presented by staff. Second.

Second. All right. Any discussion? Okay. Seeing none, we're going to vote on the amendments or vote on the conditions uh to the Okay. All those in favor sign by raising your right hand. All those opposed, same sign. It passes four to zero. Now we're voting on the proposal. Um, all those in favor, sign by raising your right hand. All those opposed, same sign. Passes four to zero. Did we do that right, Katie?

I think so.

Okay. All right. Consideration of possible action. Uh we're moving to item three, consideration of possible action. 2000-t41, proposed amendments to the unified development code pertaining definitions of the land use matrix. Public hearing a request by the city of Periland applicant for approval of proposed amendments to the unified development code the UDC ordinance uh number 2000T in accordance with section 1.1.4.1 4.1 of the Unified Development Code to include um number one, amendments to the chapter 2, section 2.5.2.1 and 2.5.2.2 to include short-term rentals in the residential land use matrix and the nonresidential land use matrix. Um number two, amendment to chapter 5, section 5.1.1 A 229 to revise the definition of family. Number three, amendment to chapter 5, section 5.1.1 to define short-term rental. Um can I have a motion and a second? motion to approve with the caveat that he has to read all of that again when we go through the vote.

Commissioner Enri second. All right. That leaves it to try to figure this out, the staff report.

Thank you, chair. Uh so the request before you tonight is um request at the direction of city council um to present the following amendments to the UDC. The proposed amendments are I'll do it in a little shorter terms than what you had to say, but um one is to adjust the definition of family in uh chapter 5. Second is to add the definition for short-term rental uh to chapter 5. And then lastly to include short-term rentals in both the residential and non-residential land use matrices. And kind of a little information, the short-term rentals are currently defined and authorized through ordinance number 1611. And there's currently 17 active STRs within the community. And so as required, public notice was posted in the Periland news reporter on December 17th, 2025. And uh today we have not received any comments in support or against the request. And so kind of going over those definitions first. Um the first one is for the definition of family. Um and the the change notice there's a strike through and then the change is actually outlined or not outlined, it's bolded in red. And so um the definition for family is being uh changed to a family is an individual or any number of persons related by blood or marriage or not more than three unrelated persons living as a single housekeeping unit. So the request is to change it from four to three. And then in terms of short short-term rental, this is actually just adding the definition that's in ordinance uh 1611 um which is a residential dwelling unit or bedroom and a residential dwelling unit that is rented out for compensation on a temporary basis or a period of less than 30 consecutive days. And so those are the definitions. And then this next slide um is the actual matrices for the short-term rental. This is um the like to know that there's a there's been a change to this. It's been

updated from what's actually in your uh packet um that was presented. And so the um short-term rentals um everything that's essentially in the matrices that is a P would be where it's permitted by right and then everywhere where it's blank would be um not permitted by right. So you go through the top one is the residential land use matrix and then the bottom one is the non-residential land use matrix with those zoning districts for the different ones. And then for this amendment there is no recommendation being provided by staff for the proposed amendments at this time. And so that uh concludes staff's report.

Okay. So there won't be an applicant presentation. So what about uh persons wishing to speak for or against this? Seeing no one moving in that direction, then that turns it over to us. Um Trey, you want to kick it off? So I'm guessing we're picking all of these up in this UDC rewrite as well.

Sorry, say it a different way. We're we're picking all of these changes up in the UDC rewrite. Yes. Yeah. This change will roll into it. We're just getting this done ahead of it. Okay. And I'm guessing because we see things on the horizon or have that we need to make sure we're able to address accordingly or so I guess point blank what's what's the the urgency ahead of the UDC update? So, we do have some uh existing items in town that we just didn't want to wait for to be honest as far related to uh code enforcement items we've come across when it related to family and where SDRs are allowed.

Perfect. Okay. Thank you. Sorry, Martin. Didn't mean to. If I remember correctly, we've had an issue recently where somebody was renting a dwelling unit out and was having parties or something. Is that that ever Over the past few years, there have been several locations where there were problems like that. Yeah. And they kind of eb and flow in frequency in which location. But that has that was one of the motivating factors behind them, right?

No comments.

Okay. Yeah. Well, I think most of us up here are aware of all the problems that we've had in the past over this probably and uh the reason for it and who's behind it and everything else. So, uh all right, that brings us to the vote. All those in favor, sign by raising your right hand. All those opposed, same sign passes uh four to zero. Uh that brings us to discussion items. uh capital improvement project uh CIP physical year 20007 through 2031 development code. I'll turn it over to staff.

Good evening, commissioners. I'm Fabul Carvalo, assistant director of capital projects with the engineering and public works department. I'm happy to be here with you guys tonight and I would like to start by providing you a little bit uh background. In June of last year, we presented to you our recommendation of the five-year CIP for the fiscal year 26 through 30th, which has then been approved by council in September of uh,25. During that time, we took note of your comments and concerns and during our two presentations to PNZ and have made several adjustments to better align our plans with your feedback. This evening, I will share with you uh the updated version of the plan development which incorporates your valuable insights. Our goal is to ensure that the five-year uh plan uh CIP development process is not only transparent but also lays a sustainable foundation that we can use for future years. This line in front of you depicts a timeline for the development of five-year CIP uh CIP for the fiscal year 27 through 31st. We kicked off the CIP development a few months earlier this fiscal year on October 1st allowing stakeholder departments to submit their requests for new CIP projects. New CIP requests were submitted in October. Subsequently, uh, initial meetings on each project category, for example, water, wastewater or parks were held in November to review the new requests. We also started the review of the existing projects and updated costs if necessary during the November and December months. We are now here uh in this timeline in January providing you an update on the development of the CIP. And as I continue with the presentation, there

are two more meetings planned for the planning and zoning board. We also have additional meetings where we review the new and existing CIP requests with the department heads. At these meetings, we go over on any changes needed perhaps due to scope changes or when the project needs to be completed. Priorization also happens in multiple stages, but will be completed after being reviewed and agreed upon by department heads. and final will be reviewed uh with the office of management and budget and the city manager's office. We intend to have a review of the final draft uh sometime in March and finalize the package in April. May 19 is when we intend to present our five-year CIP uh fiscal year 27 through 31st recommendation to PNZ. PNZ will have a chance to review the recommendation and submit additional questions and comments in May. Then we'll be back to present a final five-year CIP plan on June 1st, seeking a recommendation to city council as described in the city charter. Following PNZ's recommendation on the next steps uh will be to present the 5-year CIP to city council which is has been which has been scheduled for June 22nd. City council will then adopt the budget in September. Commissioners, this concludes my update on the development of fiveyear CIP and I can take any questions you may have at this time.

Thank you, Fabiella. Look forward to our next meeting and stuff. Maybe we can we'll be a little bit more prepared to maybe have some questions and stuff. All right, that brings us to city council update report. The last city council meeting we had was the same night that we had PNZ upstairs on December 15th. And that evening we had a request for the Magnolia Manville plan development for the multif family and that was approved 4 to two. And then last night we also had city council and we had three consent items for a second extension for Massie Oak section 6, seven, and eight plats and those were approved on consent. And then we had the zoning change from general commercial to light industrial uh south of nap east of Maine and that was unsuccessful with a vote of 0 to six. Next, we had the conditional use permit for the auto repair minor and tire sales at 10902 Memorial Herman Drive, and that was successful with a vote of 6 to zero. Afterwards, we had the zoning change request from office professional to plan development for the multif family complex at Manville and Magnolia. And that request was unsuccessful with a first vote of 2 to four. And then the city council reconsidered the item and the vote was remained unsuccessful with a vote of 3 to four. And then finally, we had a request from the general commercial district to plan development for warehouse development uh at 1021 North Main Street for the

handover project. And that vote was successful with a vote of 5 to1. Thank you. Kcha, I'm sorry. Real quick, I have a question. So the the one industrial project close to Nap Road, the handover project was successful, but the I think there was the other industrial one coming off Nap Road. That one was not successful. That's correct. I was just trying to get those straight.

Okay. Uh our next PNZ meeting will be on February the 2nd. Um, all of y'all plan on being here. Okay, at least we'll have a quorum. All right. And uh, one thing before we adjourn, I was given some news tonight that deeply saddened me. Uh, but Martin Greer will no longer be with us after this week. And uh speaking for myself, uh we've I I've been on planning and zoning for a long time and dealt with you and uh you will be sorely missed. I wish you luck, but but uh but you will be sorely missed and be uh my my uh lawn guy and your lawn guy is going to be sadly sad, too, that he's losing you as a customer. So, all right. But uh all right with that I'm going to join the adjourn this meeting at uh 7:24 behoo aha.