Planning & Zoning Commission - Regular Meeting

is zoning commission meeting uh Monday, February the 2nd, 2026, uh 6:31 p.m. Um we have a we have a quorum. We have one missing commissioner, uh, Jennifer Hendris. And now with the, uh, introduction of agenda and format of hearing, that would be our, uh, staff.

Good evening, commissioners. Um, tonight, as is the typical style of the planning and zoning commission meeting, we've had the call to order. Um, each item for the hearing will have a staff report followed by an applicant presentation. The floor will be opened for comments in support or opposition of the request. For any public comments to be made, please ensure that your name is stated and address for the record, be brief, to the point, and within a three-minut time frame. Following the public comments will be the commission and SCA staff discussion and then the commission will be able to take a vote to recommend approval as presented, approval with conditions or denial of the request, or should they feel it necessary to table the request. The items for cups on tonight's agenda will be heard at the February 23rd, 2026 council meeting. On the consent agenda tonight, we have excused absences as well as the meetings from the January 13, 2026 meeting. We have um several final plats. We have Massie Oaks East Lake, Massie Oaks West Lake, Massie Oaks Basin 3. So those are all storm water um infrastructure. And then we have Alexander section 3 final plat for new business. There are two conditional use permits. One is for an accessory dwelling unit located in R1 and the other is for an auto repair minor use within the I'm sorry that says GC on the screen, but it is the Oldtown General Business Zoning District. And that is correct in your staff report, just not this slide.

Okay. Thank you. Uh I'll entertain a motion then a second to uh Well, hang on one second. Does anyone wish to move anything remove any anything from the consent agenda? Okay, we got two that are recusing theirelves. All right. All right. U I'll entertain a motion for uh u to accept the consent agenda in a second. Commissioner Haskins motion to approve. Commissioner Knuckles second.

Okay. Any uh any discussion? Okay. Seeing none, all those in favor sign by raising your right hand. All those opposed, same sign. Carries four to zero. Uh can we bring the others? Bring them in. All righty. And then uh our next item on the in order is to uh uh any items that were removed from the consent agenda. There was none. So we're moving on to uh new business. Uh first item is consideration and possible action conditional use permit application CUP 2025-0571 a request by Benjamin Navo Jr. uh DraftHouse Design Studio LLC applicant on behalf of David and David and Derek Dizio, owner for approval of a conditional use permit for for an accessory dwelling unit use within the single family residential R1 district on approximately 41 acres of land. Uh location 2301 Dublin Circle, Paraland, Texas. Uh all right, that staff report. Good evening, commissioners. My name is AR Bernal and I'll be presenting CUP 202571, a conditional use permit for an accessory dwelling unit located within

the R1 district on approximately 0.41 acres of land along Dublin Circle. This is a request to allow for the renovation in addition to an ex existing accessory structure to include the addition of an accessory dwelling unit also known as an ADU. The proposed ADU will be 665 square ft to be attached the exist to be attached to the existing 547 foot garage. We sent out notices on this. We received no phone calls or written comments in support or against the proposed ADU. To give you a look at the aerial, you can see this is all within single family residences within the R1 zoning district. Taking a look at the future land use and place type. This is within a traditional residential area intended for single family attached homes and duplexes. Some history of the site. The area was annexed and platted in 1970. The single family residence and garage were built in 1976. To give some context of the area, here is a site plan. The accessory structure within the proposed ADU is outlined in blue. To the right, there is a closeup with the existing garage in red and the proposed structure cross-hatched besides it. This figure shows the proposed floor plan again with the existing garage outlined in red and the proposed ADU besides it. Shown are some elevation renderings provided by the applicant. The cup conforms to the review criteria. The area is identified as traditional residential which is intended for single family detached homes. It meets a thoroughfare plan with frontage along a local street Dublin Circle. The proposed expansion will be required to meet all requirements within the UDC. As of the

request state, the property has access to water and sewer. The applicant's request conforms to all conditional use permit criteria per section 2.2.3.4A of the unified development code. staff finds that the proposed CUP for the accessory dwelling meets the established criteria for the approval of a CUP. The proposed ADU is not changing the existing character of the surrounding residential neighborhoods and is supporting the character of the primary use of the property. Staff recommends approval of the requested CUP with the following condition. The CU shall only allow for the accessory dwelling unit to be occupied by a person who is related to the person who occupies a primary dwelling unit on the subject property by first or second degree of continuity or affinity. Thank you, commissioners. That concludes staff report.

Okay. Thank you. Um I got the cart before the horse a little bit. I'll entertain a motion in a second for approval. Commissioner Haskins motion to approve. Commissioner Ko second. All righty. And that brings us to uh applicant presentation. Is the applicant present?

State your name and uh address for the record, please. I'm Chad Creech with HTX Tiny Homes. We're the the builder. So, I'm here property owner. Can you hear me? Okay. Thank y'all. Uh yeah, so we're here uh in support of the build and uh answer any questions y'all might have on it. Uh the Dresos uh they engaged us to handle the project um for permitting purposes and for building and um they're adding uh exist uh extra space for their mother. uh space is going to be uh ADA ADA compliant and will fully comply with the accessory building requirements. That's all I got.

All right. If we have any questions, we'll call you back up. Yeah. Thank you. Thank you. All right. That brings us to persons wishing to speak for or against this item. Seeing no one moving in that direction, I'm going to ask one more time. Anyone wishing to speak for against this item? Seeing none, we're going to go to staff and commission's uh discussion. Uh, anybody got anything, Henry?

Well, I guess I'm I'm on the fence. I was on the fence when I looked at this weekend. Um, and and not because I didn't think what they're doing makes sense. I just don't know. how I feel about ADUs still. I I know uh there's been lots of discussions about ADUs. It's it's given lots of folks heartburn uh at the council level. And so I'm I'm still I'm still on the fence. to the applicants. Thank you for coming before us and um I'm I'm struggling with ADUs because simple the fact that city of Perland we do not have the ability to police whether or not this property can be or will be uh available to rent in our the neighborhood of Green Tea. There's already homes that are being sold or rent per room. Uh that is on the internet. Uh and the subdivision at Green Tea is a volunteer subdivision. So uh to be a part of the HOA so they don't have the ability to police and keep someone from renting. and understand it's not the applicant that really comes in to knowledge. It's what happens after the applicant. There's possibly a sale or resell. And there's

been homes with ADU that has taken over a year to sell because it on strong HOA neighborhoods cuz it it takes a certain clientele, a certain purchaser to purchase a piece of property with ADU that is not a place that can be rented and be revenue drawn. So, I I'm struggling wi with the ability to approve ADU where you have a subdivision that is a volunteer HOA where the city we have a difficulty being able to police whether or not this ADU will be uh available for rent on the internet like rooms have been in green tea subdivision. So, I'm struggling with it and right now it's probably just to be honest will be a no uh on my side. So, have a question for staff. Are there any other existing ADUs this subdivision? I mean, I I don't I don't struggle with ADUs. I think um especially in this case um they're wanting their mother to come and stay so they could be close. I would do the same thing for my parents if if if I you know if they came to that situation. Um also think it's just another um type of of of residential that you know is currently I mean it's not a lot in in a city already. Um, I don't I don't have a problem with it. You look at it from the street view. It's directly behind the existing garage. Um,

I support it.

Yeah. Looking at this, I live on the same street on the corner, so you're my neighbor in the culde-sac. So, hi. Um, I really don't have a problem with it. I feel the same way. Um, if I had the ability to take care of my parents and move them in and build something on my property, I would want to do the same thing. So, I'm in favor of it.

Well, I've I've struggled with these in the past and stuff, but uh I'd be a hypocrite. Um, my mother's doing the same thing right now at my sisters. They've got a home in the back of uh their house and and uh they've got a little 500 foot apartment out there for her. Uh but I know my brother-in-law well enough to know that he's not going to move somebody in. Now, their HOA is strong enough that they cannot rent it out. Now, the argument on that is is that cash can turn hands and nobody will ever know whether they are or not. Same thing is the the condition that they put on there that it has to be a relative. Well, you know, you're taking the people that live there. If the guy says that the guy's the person living in it is a relative, you have no way of checking that out. But, uh, you know, most of us up here, I'm not going to speak for everybody, uh, have conservative leanings. And being that we have conservative leanings, that means that government we we are opposed to having government so much in our life. And I think that when our government is sitting there telling somebody that they can't do something that that with their own property and stuff, I think we're getting intrusive. Uh that's just my own personal opinion. Uh, I I like I said, I would be a hypocrite because my my sister is doing the exact same thing in Magnolia right now in a subdivision. U So, um, I'm probably going to be a be a yes. So, um, you got something else, Henry? Okay, one more thing.

Question to staff. Um, what makes, correct me where I'm wrong here, please, and and I'm sure there'll be a lot of correcting. Um, what makes this an ADU is that it's a a separate dwelling from the house. It's not an addition. And also, it's a it has a complete kitchen with a stove. If I looked at those drawings correctly, I saw a stove in there. Is that are those true? That is correct. Okay. So, go ahead.

In addition to the kitchen, they also have to have a full bath. So, it needs to have a space for sleeping, eating, and bathing um in order to be one. So, you could in theory have an accessory structure with a full kitchen that just has a toilet, not a bath or shower, and that would still not constitute a dwelling unit because it does not have all of the facilities needed to be considered a dwelling space. It could not be a standalone dwelling space. So it could be a full kitchen or full bath, but it cannot have both unless it is classified as an accessory dwelling unit.

Thanks for the clarification. So So I guess in my mind, if they wanted to put this addition in without coming to the city or an ADU, a cup to get the ADU designation, they could simply put in a microwave. Um, what do you call those? table air fryer or whatever, you know, th those type countertop ovens and we wouldn't have had this request at that point. But there's a full bath in there. I saw that. But if they just removed the stove, range stove, whatever you want to call it, um, and substituted those, they could do it anyways.

That is correct. Okay. All right, I'm still struggling. Thanks.

One last thing. Uh I drove down there and looked at this um and I counted five accessory dwellings on green tea that was built above garages, stuff like that. Now, uh, one of the commissioners had brought it up to me that that, uh, all of them didn't have, uh, kitchens in them. And, uh, I don't know about them. I know that there was one that went up for sale over there on Golf Crest, I think it was, and it it it had a full full everything above the garage. So, they've got them over there. I mean, I know some people that are on one of the Cork on Cork uh subdivision over there off of Fairway Circle. Their mother lived in the quote unquote pool house, but the pool house was an accessory dwelling. So, there are some in Green Tea already that are not being a problem. where everybody's got into the got got their got got in a bunch is is that we had that problem with that one yo-yo over there that that uh was having inappropriate parties and but that was he was renting out his full house. So all right I'm going to call for the vote. Y'all ready? All right. All those in favor sign by raising your right hand. All those opposed. Uh that's one, two, three, four. Four to two passes. Okay. That brings us to um our second item on the uh for tonight is consideration and possible action conditional use permit application CUP 2025-0574. A request of

Canetra Brockington applicant on behalf of Thomas D. Raspberry, owner, for approval of conditional use permit for auto repair minor on uh approximately 1.12 acres of land within the general commercial uh district located at 2418 Main Street, Periland, Texas. Can I have a motion in a second, please? Commissioner Haskins, motion to approve. Commissioner Fuerto second. All righty. Thank y'all. That will take it to staff report.

Good evening, commissioners. Um, just that same correction, the um site location is located in the Oldtown General Business Zoning District. So this is a request for a conditional use permit for auto repair minor use within that Oldtown business um Oldtown general business zoning district. It is identified by the applicant as um being for specialized performance electronics and calibration shop. Um they would not do any engine repairs in the site. The applicant is here to speak on um the specifics of that as I do not claim in any way, shape or form to be a mechanic. I did fail my Girl Scout badge on mechanics as a small child. the conditional use permit. We sent out the proper notifications for the application um and got notices to all of the property owners within 200 feet of the property. We did not receive any phone calls, nor did we request um get any emails or written comment in favor or opposition of the request. This site is located here. You can see it's a bit of a flag lot. It technically is two separate parcels. However, it is not platted. So, um at some point it could come forward as as one site. The surrounding uses for this site are a fast food restaurant. It's the Waterburger there. To the um south and across the street, you have some auto repair. The train tracks are directly behind this site with residential in the Oldtown residential zoning district beyond that. Um and then there is a bit of undeveloped land in front of the par in front of the parcel, which is the portion that is next to that driveway that currently exists. on the future land use map which is found in our comprehensive plan. This area is identified as a portion of the commercial center which is intended to have multi- um tenant commercial, restaurants, retail etc. Um so you can see that it is surrounded on all sides by that with compact residential behind the train tracks to the west.

I have provided a map here. Um it is a little bit hard to read here but um a map of the general number of auto repair uses within the general area. So you can see the onem buffer on the screen here. Um there are 16 auto repair within one mile, 36 within 2 miles, and 52 within three miles of this location. I will point out that this does include everything from your easy um auto repair that has a um just state inspections all the way to a um service area that would take in crashes to do body work. Um and it does incorporate all the way up to 288 hits that three mile mark. So you've got quite the range here. Um and it is a building list. So it is not 16 or 16 new instances but then it is not 36 new instances because the 16 are incorporated in that number. History of the site it was annexed into the city of Perland in 1959. Um and then it was used at some point it began being used as a pest control company which was permitted by Wright. In 2008 they received a conditional use permit for some outdoor storage that was associated with that pest control business. In about 2020, that pest control company moved to a different location. So, it's no longer at that site and it was vacant. Um, the building still remained there. In 2025, the auto repair miner is requested, which was um when this application came in. The site is not currently platted um with this application because it is just a change of use. It does not have any expansion proposed. It would not require to be platted. However, if they do have to expand any of the pavement um or make any changes to the site, they would need to plat the site following that. But at this time, that is not proposed. And so, there would not be a platting requirement associated with this. The site plan here, you can see the main

building, which is where the auto repair work would go. Um and then they've identified a few spaces here for the parking areas, um with parallel along the side, the existing driveway, and then this is existing concrete here. Um they do have bays where the cars would be pulled in and have identified that this would be by appointment only. They will need to provide us um an updated plan showing that the parking requirements can be met on this site and like I mentioned if it does have to expand um in order to meet the parking requirement and still have a clearance for the fire lane um the platting may be triggered by that. However um staff has looked at the site plan and believes that it is likely that they will not need to do that work. But if they do need to do that work, it will be additional administrative steps but will not impact the ability to make it happen on the site. The use is what we are reviewing tonight through this conditional use permit and staff has found that it is consistent with the comprehensive plan with the commercial center. Uh main street is a major thoroughare which is sufficient width. The site will need to provide the striping plan as I've indicated um but does already have access to water and sewer on the site and it does meet all of the criteria in section 2234A of our unified development code for conditional use permits. So with that um staff has found that it meets the established criteria and that it is consistent with those other um guiding documents and recommends approval of the requested auto repair minor use within that Oldtown general business zoning district. that in staff report. I'm happy to answer any questions should you have them later.

Thank you, Katie. All right, that moves uh to applicants presentation. State your name and address for the record, please.

Good evening. My name is Kenra Brockington. My resident address here in Periland is 6022 White Road. So, I am a resident of this city. Um, and as you can see, the business address is 2418 Main Street. Um, I'm the applicant and um, registered owner of Modern Speedworks LLC is the name of the business. Um, Mr. Raspberry was listed as the owner because we leased the property from him. He was the prior owner of the I'm sure you guys are all familiar with Raspberry P. Um, they used to be next door to Waterburger. Um, uh, I guess some things I just want to point out. Obviously, we're requesting a conditional use permit to allow light automotive business at this property address. Um, the intent of the request is to operate in a way that is compatible with the surrounding area while complying with all city requirements. Um, I just think it's important to note that we are not a hightraic business at all. We're not at all what you would consider an automotive repair place. Um we work with drag racing clients. So we have very exclusive clientele. We work by appointment through referral only. Um so the extent of our work includes um engine integration ECU systems and an ECU is like the electronic control unit. So um in a motor vehicle it's embedded. It's an embedded system which you guys might call the car's computer and um that manages the specific electron electric excuse me electrical systems or subsystems like the engine, the transmission brakes um body electronics. So we optimize the ECU. We often um install aftermarket ECUs that are designed specifically for performance. So, we're not pulling engines or doing oil changes or um and then I'd like to

also point out that we're very small operation. It's myself in the front. I handle everything that's on paper or on the telephone and my husband is the technician and we occasionally have like um a subcontractor that we may bring in to help out with anything that he's not able to take care of on his own. We work with one client at a time. However, the space that we have is large enough to hold maybe eight vehicles. We have one lift. So, we work one client at a time. It's a very exclusive one-on-one relationship. It usually takes us anywhere from four weeks to a year to complete a project. So, there's not like we've got the little bell and people are ringing in and out and we've got a bunch of business coming in and out. Um, we do all of our work indoors. The work area is airond conditioned, so we're not open to the public. We don't have the door open, and so it's not unsightly, and we don't disassemble vehicles. They're not um we understand the importance of being a good neighbor. Um, as the staff pointed out, our next door neighbor on the other side, not next, not Waterburg, but the other side is also an automotive repair shop. I'm not exactly sure what they offer. I think they're specific to like Toyota and Lexus vehicles, but they also are a very clean, neat, tidy shop. They've um we've met them. We don't want to do anything outside what the status quo is. I have seen, especially in South Houston and some industrial areas, what an automotive shop can look like. And I fully understand what we do not want here in Periland. Like I said, I am a resident of Parland. live less than two miles from the location and I don't want our city to look run down or to look beat up either. Um, I think that's it. I appreciate you guys' time and I'm happy to answer any

questions to provide clarification. Okay. Thank you. Uh, that brings us to persons wishing to speak for or against this item. Okay. Uh, seeing no one moving in that direction, I'm going to ask one more time for people wishing to speak for or against this item. All right. Seeing none, we're going to move on to the uh staff and commissioners uh discussion. Um, do you want to kick this off?

Thank you so much. um somewhat familiar with the type of work you have since there there's an another individual that does some of the same things on Corvettes and uh I've been thinking about taking my Corvette and h having it then I'm saying no it's not worth getting a ticket it's not worth u avoiding a extended warranty warranty. So, I I've have decided not to do that. But I am familiar with your type of business and I know it's clean and um you only there's only one question I have and that is with your road frontage. Is there enough turning radius in case there would be a fire that a fire truck could get in and out of there? That's my only concern. Staff, could you help me with that?

Fire has reviewed the preliminary site plan and indicated that their only concern with the site as it currently sits is the pinch point where parking is shown to be parallel along the site. But um when they restripe, they'll ensure that they they still meet the minimum requirements for that. So they have um given their preliminary blessing on the proposed site plan for access. Thank you. No other questions.

I don't have a car bed. Um no, I think it's straightforward. I don't I don't have any any questions or anything. I know it's u similar businesses in the area. Um Tommy Raspberry was a friend of mine or a family friend is you brought up childhood. Um his father was my T-ball assistant manager. So, and I still think you're a darn good planner. Whether you don't know mechanics or not, that's all that matters, right? Um, okay. So, in all seriousness, uh, I know Tommy, I think it was budget pest control if I'm not mistaken. No, Killllum. Killllum purchased or he sold to kill him and that's why they put a sign out there. That's my understanding. Um, we used to use him at our house because it was family, friends again. Um, good man, good property. Um, and I looked through this weekend when I was researching uh, this particular one. I was appreciative that there's not going to be a bunch of cars outside and storage of cars outside, etc., etc. So, I I have absolutely no reservation of voting yes with with a fast hand up. So, welcome. Thanks for opening up your business in Periland.

Okay. Uh, I don't have a Corvette. All right, I'm gonna call for the vote. Sometimes I wish I didn't. I can't get in and out of it. All those in favor, sign by raising your right hand. All those opposed, same sign. It carries six to zero. All right, that moves us on to the city council update.

Thank you, chairman. Um, at the January 26th meeting of the city council, there was a conditional use permit for resale goodwill that was postponed. The applicant was unable to attend due to the weather and requested that it be moved to the February 23rd meeting. So, we will see that application move forward. Then the conditional use permit for Antioch Church over on Liberty um was approved with a vote of 7 to zero. The um UDC amendments related to short-term rental and um the definition of family were passed first motion or first reading, I'm sorry, with a vote of 7 to zero. The second reading of the zone change from general commercial to planned development of the warehouse development identified as handover. Um they added a condition. So there were the initial conditions that planning and zoning commission placed on it related to the slopes of the swailes. Um and the retaining wall along the residential properties. City Council added a another condition that an applicant will enter into a development agreement with the city of Maryland within 90 days of January 26, 2026 for the reconstruction of Nap Road, but then passed with a motion of 6 to1. And that was all.

Thank you. Thank you. All right. That takes us to city council planning and zoning joint workshop. That's uh February the 9th. That will be next Monday. Uh I'm assuming it's at 4 o'clock. Is that correct?

4:30. Okay. 4:30. All righty. Does anyone know that they will not be here? Okay. And then our next P&Z meeting will be February the 16th. Uh, does anyone know whether they're going to be uh cruising or anything like that? All right, sounds good. Cruising and Corvette, you are giving me the trouble tonight. All right. All right, Ben, at that we're 16th of Monday.

President City is open on President's Day. You gota be here. Yeah, that's your call. Just check.

But to answer, yeah, you got to be here. All right. And um being at that, I'm going to journ this meeting at 7:08. Hey. Hey. Hey.