Planning & Zoning Commission - Regular Meeting

Today is Monday, August 3rd. The time is 6.30 p.m., and this is our Planning and Zoning Commission meeting. Call to order. We do have a quorum tonight. We do have Commissioner Como that's absent tonight, but other than that, we do have a quorum. Next is introduction of agenda and format of hearing.

Good evening, Commissioners. Tonight, the format of the hearing will be the... Getting it loaded on my screen here. The first will be the call to order, followed by a staff report. Then will be the applicant presentation, should they have one, followed by public comments in support or opposition of the request. If you are giving public comment for or against an item, please state your name for the record, be brief to the point, and remain within a three-minute time frame. Commission discussion will follow. with staff and if they have questions for the applicant, they can be asked at that time. Following commission and staff discussion, the commission will vote to recommend approval as presented, approval with conditions, denial of the item, or should they have the need for additional information, they may request to table the item. I'm getting the slideshow loaded here on the screen. Give me just one moment and I will have it ready for your viewing. It should be on your screen.

I'm sorry, I'm passing it back to you, Ms. Madam Chair. I'm sorry about that, thank you. All right, on to consent agenda. Does anyone wish to pull anything from the consent agenda?

I'd like to pull items C and D. If there's nothing further, I'll make a motion to approve the consent agenda, all items minus C and D. Commissioner Haskins, motion to approve.

Any discussion? Take all those in favor, please sign by raising your right hand. Motion passes five to zero. And then Henry and I will step out. Six to zero.

Yes, can I please have a motion for a temporary chair and a second so we can vote on those items that were removed from the agenda?

Commissioner Haskins motion to appoint a temporary chair in Mr. Darrell Eisenberg.

Commissioner Hendrick second.

Call for the vote. Okay, thank you. I would like, I'll entertain a motion to approve items C and D. Commissioner Haskins, second.

No, you gotta make the motion. Commissioner Haskins, please, motion to approve.

Commissioner Hendricks, second.

Any discussion? None? I'll call for the vote. by raising your right hand, more than nothing, that does it.

All right, we are moving on to new business. Consideration and possible action CUP 2026-0224 conditional use permit for an auto rental facility within the general business district. A request by Justin Brumley of EAN Holdings LLC, DBA Enterprise Rent-A-Car applicant on behalf of Hummingbird Trading LLC owner for approval of a conditional use permit for auto rental use within the general business district on approximately 1.915 acres of land. And the address is for 6906 Broadway Street, Pearland, Texas.

Commissioner Haskins, motion to approve.

Commissioner Knight, seconds.

Good evening, Commissioners. The applicant is proposing the ground-up construction of a new enterprise rental car facility. This project is a relocation of their existing operation located approximately one-quarter mile west, which is being which is being acquired as part of the TxDOT Broadway Widening Project, where TxDOT is acquiring approximately 30% of their lot. The proposed facility introduces approximately 3,495 square feet of auto rental uses, consisting of a main office building, an accessory enclosed car wash, a vehicle return canopy, and vacuum canopy. For the UDC, eight off-street parking spaces are required for this use. The site plan provides 77 spaces, with 16 spaces for staff and guests and 61 spaces designated for operational vehicle storage. Additionally, the landscaping plan allocates 36.2% of site as green space, exceeding the 15% required by the UDC. The property is surrounded by commercial uses to the north across Broadway, minor auto repair to the east, a vacant lot that is a dedicated airstrip to the west, and single family homes to the south. The future land use for the site is designated as commercial center. Commercial center primary uses include retail, restaurants, multi-tenant commercial, and junior anchor commercial, with secondary uses such as hotels, civic and institutional uses, and parks. Auto rental is a consistent use with the commercial center place type. We have received six written comments in support of the request and one phone call against. 18 public notices were sent to property owners within 200 feet of the property, and a notification sign was placed on the property by the applicant. The property was annexed in 1995, flooded in 2017, and is currently vacant land. The applicant has operated at their existing location since 1999. Here is the proposed site and landscaping plan. As you can see, there is a 60 foot buffer between the homes and the rear of the property with heavy landscaping along. Here are the proposed elevations for the site. The side of the carwash that faces The site of the car wash face that can be seen from Broadway will also need to meet the transparency requirements and the applicant is aware of this. In reviewing the request against the seven UDC criteria for inconditional use permit found in section 2234A, staff finds the application meets all seven criteria, an auto rental facility is consistent with the commercial center designation on the future land use map, as well as the general business zoning district. To address compatibility with single-family residential properties to the south, the development incorporates a 60-foot landscape buffer. Furthermore, vehicular access is restricted entirely to Broadway Street, with no access proposed onto Afton Drive. Architecturally, the primary office building meets the 25% transparency requirement, and detached carwash building will utilize matching light beige integrally colored CMU walls. Because the application satisfies all seven statutory criteria under section 2234A of the UDC, staff recommends approval of CUP 0224, subject to three conditions. One, landscaping shall be installed in substantial conformance with the submitted plan. Two, if multiple vacuums are used on site, a central vacuum system shall be utilized to mitigate noise. And three, the car wash building and dumpster enclosure shall utilize integrally colored light beige CMU to match the primary structure. That concludes staff presentation.

Thank you, Will, appreciate it. Now we move on to the applicant presentation. Is the applicant here? Wonderful. If you'll step up to the mic and then tell us your name and address for the record, please.

Good afternoon, everybody. My name is Chuck Brown. I'm the Garuk Property Development and Facilities Manager for Enterprise Rent-A-Car here in Southeast Texas, and I'm here today with Justin Bromley, my coworker, who has helped us on this project. So I'm gonna run through a little bit of the history of our company, what we're trying to accomplish, and hopefully at the end, we'll gain your confidence in what we wanna construct on this site. As you know, we're known as Enterprise Rent-A-Car. In reality, we are Enterprise Mobility. Let me get this to... We are Enterprise Mobility. We are the parent company of Enterprise Alamo National Card Rental. and a number of other subsidiaries that are globally, is a global corporation. And we view ourselves as a mobility solutions company. We're trying to carry mobility into the 22nd century with technology, with connected cars, with facilities that are new, facilities that are green, and facilities that match the environment in which we're moving into and growing into the future. Little bit of history here. In 1999, we leased where we are today. Half of the site and we opened on the easterly part of that property. In 2014, we leased the entire site and moved into the larger building. When we decided we wanted to stay and make our forever home, the corner on Manville and 518, we purchased the site in 2022. And then the state came along and said, not so fast. We'd like part of your property to widen the road. So here we are today. I'm going to throw a little bit of personal story in here. When we leased this in 1999, it was when I first got into my role with the company. This was one of the first projects I did as the real estate guy. This will bookend the other side of my career. When I get this done, I retire at the end of the month, so please help my story be a good one tonight. That would be fantastic. Anyway, thank you all for that. As you guys know, it's being widened, and essentially we're losing the entire front part of our site. As mentioned earlier, they're taking about 30% of our site, which is the entire front lot. It'll even impact our front doors. We had extensive conversations with Katja about this project going on, gosh, back two years, trying to figure out what this looked like. And fortunately, we could keep operating there. But in the future, if we pulled any kind of permit, it would require a redevelopment. And then the site becomes unworkable for us because of the configuration and where it sits. So we started looking for another site. You know, we've been here, I want to back up a little bit. We opened in 1999. We've been at this facility for 27 years. Today we employ 12 employees with an annual payroll of almost $400,000. We contribute $400,000 a year from this area for in motor vehicle collected taxes and a property tax rate or a property tax contribution, if you will, of almost $11,000 per year. Who do we serve in this area? Our customers are generally within the area of 521 to the west, Beltway 8 to the north, 35 to the east, and Bailey Avenue to the south. So even beyond the city limits of Pearland, we service a very large geographic area from this great corner we're on. We service 82 insurance agents, 15 state farm, 10 farmers, 12 all-state, and 45 independents. We service 39 auto repair shops, 10 multi-collision centers, 15 independent collision shops, 10 all-type shops, and four large dealerships. Last year, this location provided rental cars to just under 11,000 people during the calendar year. Among those, we have the City of Pearland rents cars from us. And we also consider it an essential service, and we provide transportation during times of emergencies, hurricanes, floods, and those type of things. We found our site down the street. As noted earlier, it's next to Galaxy Automotive. It's 800 feet away. It's been a fantastic find for us. It's an undeveloped property, again, adjacent to Galaxy Automotive. And as noted earlier, we liked it because it was zoned general business. And we're here to talk about getting a CUP for this. Here's a little bit deeper renderings for you of what we think this site will look like. Again, we're still in discussions with the city planning department. We understand there's nuances that need to be added to make this site look even more in conformity, but these are the earliest renderings we have so far with the understanding that when we put this in for a permit, we'll need to comply further with what code and what the city wants us to have. Site plan and notes, we're utilizing the existing driveway as we discussed earlier onto West Broadway with no access on Afton Drive. and no added driveway onto 518. The site was designed to address the concerns of the Afton Oaks residents, and I'll touch on that in another slide. We were very careful to engage the people to our south. For example, the car wash building was moved off of Afton Drive and positioned behind the rental building as opposed to parallel to Afton Drive. It is in total a 1,502-square-foot office building, 722 car wash tunnel, and a 1,271-square-foot vacuum canopy with 77 off-street parking spaces. And if you've ever worked for a rental car company, you can count 77 parking spaces. But with geometry, on a bad day, we can get even more parked there if we have to. God forbid we go through a COVID. But we wanted to make sure we weren't needing to park on the streets. And so that's why we designed the site as large as we did. Again, the landscaping, as noted earlier, there's 24,712 square feet of this site that is landscaping. It's 33.7% of the site, roughly .57 acres of what we're acquiring will remain green space. It is 225% above the 15% requirement, and that was at the behest of the city, which we readily agreed. This plan calls for 903 plantings on the site, 34 of these being trees. I can confidently tell you if the car rental business doesn't work, we'll just open a nursery here and sell our trees and our plants because we're putting a lot of landscaping into this site. Civic engagement. We knew that we needed to involve the city, particularly the people in Afton Lake behind us, and so we began talking to them back in May, and they came to us with a list of items that we had worked through, and I feel very good about where we are because in the very beginning, they did not want us to be there, and they have written letters in our support Number one, the car wash, we made sure we screened it. We moved it off Afton Drive, and we moved it behind our building. They wanted no fuel. We have agreed to that. We will not have fuel on site. Landscaping and screening, we've talked about that now. We've done what we feel is the best we can do to provide landscaping that beautifies it not only for them, but for our customers and for the 518 corridor. They're concerned about lighting, and you know what I would be too.

I live in Sugar Land, and I live off of Highway 6, and I understand how bad that can be.

We will follow all city requirements and we'll share our photometrics with the POA during the permit process and we promised them that. I'm happy to have that read into our CUP. The shared access is through Galaxy Automotive only. Again, we talked about no other 518 access around Afton Drive. Adequate on-site parking, we're gonna have 77 spaces. Afton did ask for a parking lot or a stoplight to be installed on the corner of Afton Drive and 518. We had full conversations with Kochi and with the city on this. It was felt there was no need for a TIA here because it would actually work against what TxDOT is trying to accomplish here. As you guys know, there's an airstrip on the west side of that site, and so we couldn't put up stoplight poles if we wanted to. It would prohibit that, and I think that's actually part of the code there. They asked for an ongoing contribution for pond maintenance because our site will drain into the detention pond that's out back. We've agreed to that. As a matter of fact, we've agreed to that in excess of what our use of that pond will be. We understand that if we're going to flow into it, we'll help them maintain it. Then they asked us to contribute to landscaping and beautification around the detention pond. I'm pleased to share with you guys that we're offering a very substantial contribution up front to the POA should we decide to build that they can use as they deem necessary for beautification around the pond. So in closing, and my eyes aren't that good, let me get my paper out here. We're acquiring the site to continue to service the Pearland community for decades to come. We're buying it, we're not leasing it. This new site gives us ample space to operate and to support future growth. We have to run this out for the corporate office. We know we got plenty of room here to keep this thing rolling for years. And then we've absolutely incorporated community input. So at this time, we'd like to ask the PNZ for a CUP approval to move forward. Thank you.

Thank you for your presentation. Right, now we move on to anyone wishing to speak for or against this item. Is there anyone in the audience wishing to speak for or against? Seeing none, we will move on to Commission discussion. Trey? Henry?

Oh, I'm glad you stayed up there. The three items that staff requested to be at conditions, I guess I should use the right verb, recommendations. Do you have a problem with any of those?

No, sir. Matter of fact, you know, you look at the landscaping, we're going to comply with that. The car wash building and dumpster enclosure, no problem. Light beige is one of our building colors, so we're absolutely happy with that. And in a situation like this with what we're building, the reason we're building the tunnel wash is we want an auto wash there as opposed to the brush wash we have where we currently are. and a central vacuum system would be integrated with that, and those central vacuum units go inside of a building or a container, so there will be no noise affectation from that.

Fantastic. You know, I was already going to vote for this before your presentation and before... studying it. It just makes sense. If you guys are getting cut out by TxDOT, you moved as proximate as you possibly could. There's other businesses in between you and them. But, you know, you've just completely gone over above and beyond what you, I don't want to say what you needed to, but what a normal business might try to do. So I very much appreciate 60 feet of buffering. I mean, that's, that is, I think, 25, or if you put a fence up, it's 25. It's 30 if you don't, and you went to 60. That's very admirable.

Thank you, and I would like to note, because you give credit where credit is due, when you got Will and Katja that are giving you guidance along the way, and we followed their lead, so that's where it came from, and that's what we're good with.

Good job, as always. 33% landscaping area. I mean, that's It's amazing. And I know you made the contribution to the HOA. You worked with the HOA. You've just gone above and beyond. So I've personally used the former site. I remember that was 1128 used to actually cut right behind that site. And you could join it in kind of one of those little Texas quick circle or cut throughs. But they shut that down at some time and I wish they hadn't, but I understand the need for your business to be successful. It's a good thing. But I'll be for it, and I very much appreciate it, and good luck at City Council. I think you'll do fine.

I think this is a great move for you guys. I like your renderings, and thank you for sharing what you guys do for the community. I mean, I had no idea. That's really good feedback and data. Other than that, I don't have any other comments. I think it's going to really hopefully block the view from the neighboring property where you can see just cars all around. So I just think it's going to add value to it at this location.

So good luck.

I just want to thank y'all for the way that y'all went about this. There's so many presentations that we get that they hadn't even talked to the neighbors that they're going to impact. And it makes it a lot easier when y'all have done that instead of having a whole section here filled up with mad people, which usually that gets turned down. So I congratulate y'all for that. And I'm glad y'all are staying here in Pearland.

So to let everybody know, I'm blessed because I do what you do for the city of Sugar Land. I sit on P&Z for Sugar Land. So I knew going into this deal how important community engagement is in doing that and getting in front of my bosses to tell them that we needed to do these things. And we want to be here forever, so thank you.

Anyone else? All right, so we need to... If there's no other discussion, we need to make a motion to add the following conditions if you're wanting to approve one through three.

Commissioner Haskins, I amend my motion to approve the additional items one through three.

Commissioner Henrik, second. And then we need to vote on it? So everyone in favor, raise your right hand. Motion passes six to zero. And then now we have to vote on the amendment.

So everyone, correct on the amended motion.

So all those in favor, signal by raising your right hand. And the amendment passes six to zero. All right, now we are moving on to item number two. Consideration and possible action zoning change application Zone 2026-0303, public hearing a request by Preston Cunningham applicant on behalf of Veyraken LLC owner for approval of a zone change of approximately 10.49 acres of land from the suburban residential 15 district to the general business district. The property is located at 7409 Bailey Road, Pearland, Texas. Get a motion and a second.

Commissioner Hashkins, motion to approve.

Commissioner Knight, second.

Okay, staff.

applicant is requesting to rezone the 10.49 acre tract from low density residential to general business. The site is currently developed with a 3,045 square foot single family home in a 2,400 square foot detached steel building. According to the applicant, the intent is to develop the property into a business park featuring freestanding professional offices and multi-tenant flex buildings. While the current SR-15 zoning limits use to Low-density single-family residential, the requested ZB district permits a broad range of commercial, retail, office, and service uses. Staff mailed seven public notices to property owners within 200 feet, published a notice in the newspaper, and a sign was posted. Staff received one written comment in support of the request and zero comments in opposition. Looking at the surrounding area, the property abuts low-density residential zoning to the north and west, a neighborhood service commercial property developed with Dollar General to the south, and public institutional uses, including an elementary school and the parallel ISD bus barn, which is zoned RE, to the east. The site's future land use is designated as traditional residential, which includes primary uses such as single-family detached homes, duplexes, and townhomes, and secondary uses such as schools, churches, parks, and open space. The single-family home and steel building were constructed in 1991. The property was annexed into the city in 2019 where it was assigned to the zone designation of SR15 and it was acquired by the current owner in 2020. Here's a site plan of the property showing the home and metal building. Zone change applications are evaluated against four criteria established in section 2214 of the UDC. In reviewing the request, staff finds that it meets two of the four criteria. The request does not meet the criteria for consistency with the comprehensive plan or compatibility with the immediate area. The property is designated as traditional residential on the future land use map, which limits primary uses to single family residential development. Rezoning the property to general business introduces commercial uses that conflict with this adopted land use designation. GB zoning districts permit uses that are significantly more intense than the low density residential zoning district abutting the north and west property boundaries. Because the requested general business district conflicts with the adopted traditional residential place type on the future land use map, staff recommends denial of the requested zone change from SR 15 to GB. That concludes staff presentation.

Thank you, Will. Is the applicant present?

Yes.

Hi, Phil, just state your name and address.

I'm presenting on behalf of the owner. My name's Preston Cunningham. I'm a broker and developer. Raised my family in Pearland and have owned a substantial number of projects around Pearland over the past few decades. My thought is, as an entrepreneur, when I started my business in Pearland 15 years ago, as an entrepreneur, you dream of owning your own building. And I feel like right now in Pearland, there's a lack of affordable buildings that entrepreneurs can purchase for their business. At the same time, have adjacent to it flexible space as their business expands and contracts. What I envision building here is an amenitized office and professional park that will allow business owners to own their real estate. And at the same time, we'll hire architects and interior designers to create kind of a more modern interior finish to these offices and build them out for insurance companies, medical offices. A lot of these services are needed as Pearland continues to develop to the south. A lot of those services are currently provided up along 518, but down in this part on Bailey Road, there's not as much of that type of product available for people to purchase or lease. And so these have been very popular. I've worked on projects in the Woodlands and Stafford and Sugar Land that have been developed. And there's a significant demand for business owners who are employing people in Pearland to be able to buy or lease. Leasing the multi-tenant buildings is often a cheaper option that allows them to grow in and eventually build themselves. We're in the preliminary phase of design, but where the biggest demand is is our customer wants amenities. So, for example, my cousin just finished building a project that they put coffee shops and smaller retail in the front as amenities for the business park and the overall development. I think that this area is starved for that kind of retail, and I think it'll be a good service provided to all the business owners and employees that would go into our park. The property historically was used as a golf cart and repair facility. My client purchased it to run their waste business out of the property. It was subsequently annexed by the city of Pearland and the updated zoning was placed on the property. This is the entry into the project. It's adjacent to the bus barn where they repair the buses, and our property is located behind the Dollar General. Right now, the bus barn, I guess, just trying to understand from y'all's perspective, the use. The use that's happening there is classified as a permitted use as a heavy industrial. I understand that because it's associated with the school, it's considered a different zoning as an ancillary product to the school zoning, but regardless, we think that general business next to a a bus repair barn in behind the Dollar General would be appropriate. That's another picture of our entrance. Surrounding our property, There's a significant amount of property zoned for general business. And to the south of us, that is all regulated by Brazoria County and has no zoning. So we're competing with, while to the north there is, you know, a master plan through, I believe it's 2040, to the south of us, there is no planning that's going on other than meeting the county requirements. So my thought is we want to build a thoughtful development that is restricted in use, that'll be appropriate for business professionals to own buildings, medical professionals to own buildings, service companies that are serving these residential communities. We feel like that this will add value to the community and deliver an affordable option to purchase an office that we can deliver to our customers, turnkey. Oh yes, I'd like to introduce the property owner, Doug.

If you'll just state your name for the record.

Yeah, Doug McCregan. I'm a co-member in the Varrican LLC. Sorry we're not as prepared as Enterprise Mobility was. They had a pretty good presentation. It's his fault. Who's Will? Okay, I asked you if it was BYOB. You said, no, it's a cash bar here. I didn't see that. Wow. So one thing I wanted to point out, a lot of the slides, both from the city and from us, show that it looks kind of like we're a flagpole property. We're not. We have easement on the other side of Dollar General, so I don't remember what slide it is, but we have two accesses into the property. Secondly, I did want to... compounding what he said about the bus part. So a couple years ago, the Paraland School District consolidated the bus operations, transportation back to the old bus part, which I think is over here by the, off of Orange or Alvin Road. and they no longer use this location as what they call an accessory. It's your SUP. It's basically a storage lot for buses that are going to auction, and they work on them out there, as well as a number of cities around our community, city of Arcola, city of Seeley, city of Angleton. They use it as a, what was I telling you? shooting guns like they're doing a vice squad, or they're renting it from the school district. So to further what he said, it's not a C-U-P-R-E anymore, it's definitely an M2 location. I don't know what the city does to go back and say, okay, the usage has changed, so we're gonna change this. So we are definitely presenting to add GB next to a M2 right next to us, because that's the usage they're using there. Furthermore, on the residential side, the CR-15, I'm learning all this jargon now. Will has taught me this. through his very thorough emails. The SR-15 issue we have is nobody wants to be within crawling distance of a Dollar General. We're not gonna develop homes back there. To the north of us, there's like six or seven houses that are on each acre, acre and a half at each, and their back backs up to us like they're lands next to us. And then the other side is five acres with, that's pretty much landlocked over there, going down a gravel road. Just kind of wanted to share more what was around us. The county side, which doesn't pertain here, but we have CPA, you have a mulch yard, you have John's Country Ed, you got a church, you got just different businesses up and down that road. So we really feel like it is an area that we could do some good for the rooftops that are already there and growing. Things do change. Like I think you updated 2022, the 2040 plan is what we call it here in Pearland. and things change just like it changes with that bus bar next to us. So although you're being presented with a denial from your staff and your team, we're hoping that you will consider the fact that the rooftops around us and the future rooftops for your 2040 plan on this 10 acres, it needs some services, some companies, businesses that can provide the services that they would require. And that's why we went above neighborhood services is because there was so much of a cross between GB and NS that it made sense for us to ask for the, because it allows more potential companies to buy their own property there from us.

Any questions? We're both here for you.

Sorry, I didn't have a good speech and a presentation planned.

You're good. Thank you.

I'm not a good public speaker. Oh, yes, so Will did mention the letter we got for the neighbor, and is that something we were able to read here, or is it just a one-pager? Is that okay?

It is up to the commission if you'd like that. However, it was sent to you all in advance of this, so it is the one that you were emailed. Yeah, that was sent to us today.

Okay, great. We have reviewed it, but thank you. Anything else to add to your presentation?

No, that's all we have for today.

And we'll let you know if we have some questions.

Thank you.

Right now, we open it up to anyone wishing to speak for or against. Seeing and hearing none, we will move into commissioner discussions.

I actually love the idea of that. I think it's, I mean, I haven't seen your renderings, so, or what that would look like. Obviously, we want really nice looking, I guess you could call it office warehouse or office suites or office condos. I love the idea of that. I don't think that residential SR-15 makes sense unless you combine it with the Enrique and Angelica property because 10 acres is not enough for the amount of cost that it takes to develop a residential neighborhood in 10 acres. They're not going to get the lot. the value of the lots from the builders, it's just not going to happen. So, and I mean, that's really hard to go combine that much property together, especially because in the Enrique Angelica property already has some really established older homes or shops. I'm not sure what's all in there, but so I, I can totally see this as being a really ideal spot for what you guys want to do. And I'm totally in favor of it. I do think too, Bailey Road to the south is, that's a tough site. We've looked at sites like that to develop. It's very difficult over there. And so, yeah, I agree with you. Pearland needs a little bit more affordable for small businesses. Thank you for your vision.

Make it work. Commissioner Knight, I did drive Charles Avenue over there. days ago and not only their businesses and I don't staff needs to answer this I guess not only their businesses south of Bailey Road but there are also businesses all up and down Charles Avenue is that correct I do believe that is correct And on the sheet, you showed all the homes you sent letters to and everything, but it didn't really capture because it was too far away. It didn't capture any of that. So I don't think it's really going to negatively affect this area if we let them change this. It's already being used out of the way, even though all they were preexisting prior to putting in the 2040 model. That's all I have.

One other point I want to say too, SR-15, they'd have to, in order to turn that into a residential neighborhood, they'd have to have a public roadway entrance that's at least 60 foot wide. And that would completely just, I mean, where would that go? Right in front of the... Yeah, but you already have two entrances off dollar. So I'm just saying it just seems like you guys own where it says neighborhood services. That would be dollar store would have to give you that, right?

With the acquisition in 2020, we did get easement to the northwest. of Dollar General, so it would use the same entrance as Dollar General if we were to do the, and we have 60 foot there. But it, I really haven't looked into how that would work.

Yeah, you'd have to put in a public roadway. Yeah, coming up through their parking lot.

It's an easement, we don't know that land and fee's simple.

Yeah, so that's just, it doesn't make sense to leave that as SR-15, and we were all, or I was part of that, The 2040 comp plan, and I know there's just a lot of tracks we just didn't get to break down. We didn't break down every track there was in Pearland. So it's kind of hard. You just have to take a general guess at what something would end up being. But I could see how that really didn't fit for SR-15, looking at it from this viewpoint. So that's it.

First off, I want to thank staff for their presentation also. I know y'all work really hard on this stuff, but I agree with Commissioner Hendricks. We haven't broken down by each piece and stuff, and I don't know how well we went out and looked at this piece of property. Did we just pull it up on the map and look at it, or did we actually go out there and drive it? I went out there and drove it this weekend and looked at it. The one thing that I am concerned about is the canopy of those trees. Are y'all taking those trees out?

Those are beautiful. Oak trees? No way. Yeah. All right. And we also have the ag exhibit on the property through pecan trees, which will not come down either.

Okay.

All right, because there's very few places in Pearland that have that type of canopy. Oh, it's beautiful. And so it looks really good. You know, one of the things that gets me is we go through this comp plan ever so often. We work at it very hard. We go to different places and have the citizens come in there and try to get their vision of everything as well. And it's just that we can't look at every little piece. So I'm going to be conflicted because we make these rules for a reason, and that's part of it. If we're not going to make these rules and stick to these rules and stuff, then why even do the plan? But that's all I've got to say about it.

I wanted to tag on that, excuse me. First off, when we do the comp plan, we're not necessarily changing the zoning as the future land use plan, and it's at a 10,000 foot level or two or 3,000 foot level, not at the micro property lines. We discussed that, and I was fortunate to be back here in 2007 when we redid the future land use plan back then. and learned a whole lot, but I guess I don't have an issue, I don't wanna say violating, going against what was on that comp plan because of the way we did do it. I mean, recall that we were, I remember we were at the, not the rec center, what was that, nature center? We had a meeting there, we discussed in detail We went area by area and remembered that staff had picked out five areas that they wanted us to concentrate on. The rest of the town, they kind of left the same. SR-15, if I'm not mistaken, was put in years and years ago when the city came up with zoning. And correct me if I'm wrong, staff, please. But it was more of a placeholder that look, we're not going to change the zoning here. These are large lots. We're going to just make them SR-15. If somebody wants to make a change, they can come back to the city, and then we can analyze it one by one. And I see Ms. Gady is going to correct me.

I am in this case, so the default zoning district that is assigned to all parcels that come into the city is SD or suburban development. Suburban development is intended essentially for ag uses there's not really anything you can build in SD so in order to move forward with development of a site, you would then request a zone change or a zone assignment from the SD to something else. In this case, the property was annexed into the city in April of 2019, and then at the November 11th, 2019 meeting, city council approved the zoning assignment of SR 15 to this site. From the ordinance that was adopted with that zone 1919 is the case number that was assigned to it. The The summary that was signed by Martin at the time as the director was that a request by Norman and Sheila Hicks, owner for approval of a zone change from the interim zoning classification of suburban development district to single family residential 15 on approximately 10.49 acres of land, blah, blah, blah, blah, blah. General location legal location etc So the request was at the behalf of the owners of the property at the time the Hicks it looks like From that SD to SR 15 and that was what was assigned to the property and what year was that 2019?

Um Thank you for the correction in my head that SR 15 is the same as SD, but it's not so good to know Thank you. Um I want to be for this. I'd like it. I like the concept. I've always liked this kind of concept. What I don't have here is any kind of specificity on exactly what's going to go there. And the fact that this is a zone change, you weren't asked to come with that. Right? I mean, the other one was a CUP, a conditional use permit, different from a zone change. So this zone change, we as a board are voting the dirt. It's kind of what we say a lot. And so my struggle is that this is GB zoning behind an NS zoning, and you would think the frontage would have the most Intense use and then go neighborhood services as a transition zone to the other properties to the north and east and west So instead we got more intense And I know you need that for the use that you you know want to do what's happened historically and what what we have to be careful of as a board is you could get the zoning and sell this property the day you get the zoning or the next day after and now we have a list of uses, and I know it was in our packet, but there's a list of uses that can go in GB that may not, you know, your neighbors may not appreciate. That being said, none of them showed up. So I'm going back and forth with this one. It's a tough one for me, personally. You know, I guess I just would have to get comfortable that the GB uses would... wouldn't be too intense for your neighbors. And I think that's why staff recommends a denial. And so I can understand their point.

Are we able to show you kind of what we're thinking? Do you have internet connection?

We can just show you one of the... You could, but... And that's my point. You can tell us that's what you're going to do, and then tomorrow you can say, hmm, I think I'm going to do this. I got the zoning. I can do these other things. And so that's where the struggle is. The other one is the CUP. They have to do that thing. We passed that one use, which I almost wish it was like that for everything, but that's I might be a communist if that's the case, I don't know.

Real quick, Henry, would you be okay with if they did something that, just so if you didn't vote for it or you're for it or whatever, feedback for them, like what if it was neighborhood services with a CUP for, and then they define what type of office professionals would be there?

If, I was thinking of that as well, if this is a CUP item, the office warehouses within

neighborhood services and i don't know that that's the case and i don't think it would be what would be the can you pull that up for us for them so office warehouse is not a permitted use can you click your thank you office warehouse is not a permitted use in either the gb or the neighborhood services district in order to allow for the office warehouse it would need to go to the gc so these would need to be offices or other um If it were rezoned as general business, here's a list of those items or those items, uses, that could be proposed in that district. And then, and I can go back to the first page, the list of permitted with a conditional use permit uses as well. So buy right. These would be the uses that could be permitted with it. I can't move my mouse.

Well, and I'm thinking like what they might be thinking about doing, and you can correct me, is if you had an office and it's got a door, say it's a plumbing company, and they need to store, they need a roll-up door to get their stuff in and out, right? I'm sure you don't want it parked outside.

And a lot of this had to do with discussions we had with the planning department about These are not heavy uses by any means. A lot of businesses have inventory they need to keep in back or have a boat. These are business owners. And I mean, most people use their, the front half front three quarters for their offices, and then they have room in back for storage or vehicles or, you know, those kinds of things. What we don't want are the larger yards, you know, and things that would be more congruent with industrial. The way businesses are being built now, they need flexibility. And I think that owning your own, you know, having been an entrepreneur for 15 years, owning your own business gives you a lot of stability and it gives you a lot of flexibility if you own your real estate. And so that's what we're trying to bring to Pearland. I know that when I looked at trying to buy a building in Pearland, it was difficult to find a product that I could afford as a growing business. And I think it's important. that we provide that kind of product for the residents in Pearland.

So I guess what would be some options that could help them in this situation if that's kind of what they were trying to do or accomplish?

Can you rephrase or repeat the question with a little more clarity?

Let's say they want to have a HVAC or plumbing company or somebody that wants a garage, somewhere where they can keep inventory for their trucks to go out, service industries. What would be an ideal category or something that they could just at least do a CUP, where everybody feels comfortable that it can't just be any type of business in GC or GB?

That would be a use variance, essentially, which is not a legal permitted approach. The property would have to be zoned something that would allow for those uses, whether it be neighborhood services, which has... certain uses that are permitted with it. General business, which is kind of the next step up that also has certain uses with it. General business allows for, for example, a plumbing, I think is the closest, plumbing or carpenter shop. However, that does not, plumbing or carpenter shop is specifically defined by itself. Office warehouse is still not. And from the sounds of the conversation that's being had, it still very much sounds like an office warehouse type development that is with the storage in the back and the office portion up front. And the first zoning district that allows for that as a permitted use would be the general commercial zoning district, which is even one step more intense than that general business zoning district. It allows for the office, warehouse, storage or sales, as a permitted use and then it allows for with a conditional use the warehouse and distribution facility, which that does not sound like what this is, but that would be the kind of the range of where that warehouse type development falls. So with that, there is not a residential zoning district that allows for a conditional use to allow for a more intense use than what is shown on the land use matrix in chapter two of our ordinance. It would need to be that you are either comfortable with all uses permitted by right of that zoning district and the potential for the conditional use permit should one be presented or or not for a district, I guess is the best way to describe that.

So what I'm envisioning with what you've described, there's a good example of it behind, what is that, it's across from one of the hotels, Miller Ranch Road or Miller Smith, Miller, we got Millers and Smiths everywhere, There used to be a Don Pico's on the corner. It's now a kolache shop or whatever. There's a Domino's Pizza. So it's down Broadway, I'm going to say, the 9,000 block of on the north side. Behind that strip center, there's a lot of these... Office condos. Flex space office condos, yeah. Office warehouse. They have the big doors. They've got party rental places. They've got paint stores. They've got a church.

Bounce houses. Bounce houses. I used to spend a lot of time at those bounce houses with kids back there.

Right. There's also one on... We passed it as a board. We passed it on Chocolate Bayou. They had to go GC, and we were a little bit concerned about GC right there, but they're actually now turning dirt. And I think there's another one... On the south side of Broadway, closer to Harkey and those kind of roads, there's some buildings behind a shopping center. And my point is two things. I've asked staff, and Katja will probably roll her eyes or shake her head yes, I don't know which. This particular use, I would like to see it in GB. And I guess I've asked for consideration in our UDC write-up. Our rule book is the UDC. We're revising it. This is more common now than it was when we wrote this way back when. And I sure would like some consideration for this particular type use to be in GB. and maybe even a CUP with neighborhood services because I don't think it's that intensive a use. It's usually not a plumbing, retail plumbing, right? Your plumber's going to have an office there, 1,500 square foot of office, 800 square feet of office, and he's going to have 2,200 or 4,000 square feet of storage pulling a truck in so he can keep it out of the rain or the dirt or the mud, what have you. And, you know, I think that use, in a town like this makes a lot more sense. So I sure would like to have some consideration maybe when the UDC comes up.

But for right now. On that point, sir, clubbers and AC folks that I use for my different properties, they're using U-Haul or storage centers right now for their supplies. They go there daily to get their supplies, load their trucks up, but they don't own them. They just rent these U-Haul stuff over here off of 518, like near Magnolia's, Chef Steve's place. I know AC guys, plumbers that are running out of their house off of Dixie Farm because they don't have the ability to find spots like this. I didn't mean to interject. What you're saying is exactly right. That's the demographic that we would want to... Sure, sure.

So now what we need to do is change our rules if it's an option for us during this UDC rewrite to consider moving some of these. And we did. We went through an exercise like that. I thought I'd mentioned it, but I think a lot of things that didn't happen.

I've said enough, but... Can I show you all an example of a project my cousin just finished developing over on Ripmore?

Again, because we're voting the dirt here, and again, that's kind of a slang term, but you can tell me you're going to do that I don't know that that's what's gonna happen. Trust you guys, like you guys, I liked your presentation, even though you said it wasn't as good as the last one, I still liked it a lot. It was down to earth, you were honest. I'd like to say yes, but I'm having trouble with our rules the way they are getting there, and I certainly don't wanna pass this as a GB. And then, turns out you needed a GC to do what you wanted anyways, and it was, now we have a piece of land with a GB zoning on there, so.

Chair, if I may, I'd like to recognize an error in our staff report. The staff report identifies that there is sewer availability for the property, and there is not sewer available. And the nearest sewer line is 1,800 feet away from the property. So that may be a question. Or if Francisco Reyes would like to expand on the sewer availability or unavailability you can do that, but I just wanted to recognize that the error in the staff report will be corrected for City Council, regardless of the vote tonight.

Where is that sewer line, or I guess?

Sure, the closest sewer line's on Mambo and Bailey. But even then, they have to assess that system and the depth as well, see if it's even feasible. Otherwise, not sure if y'all have looked into Potential alternates.

Our civil engineer kind of gave us the same report, and that's part of our project cost we've got to look into. We may very well have to run the sewer down or do a 380 agreement with the city. I'm not sure how we'll get that done, but that is going to be a project cost that we understand and are currently looking at.

Okay.

Thank y'all for coming in. I hope y'all have given or gotten some decent feedback. from the panel here, appreciate all my colleagues' comments. We've got a couple of these sites around town that some dollar generals and whatnots have gone in by right with some of the existing or maybe change of land type, land use, And unfortunately, it puts in some of these areas in what I kind of refer to as a transitional zone, right? You've got established homes very nearby, some sort of very close related services not too far away. And In my mind, it's finding the right thing that everyone is going to be happy with to fill that transition space. Is this it? I don't know. I really don't. It's going to take some movement and some changes to get there for whatever it may be. But I can tell you right now, I wouldn't want to live behind a dollar general. I can probably say single family probably isn't the right thing to go there, or single resident. Is it industrial? No. It's something in between. And so it's one of these spaces. I commend you all for trying. I'm not saying that it's a bad idea. It's one of these spaces. How to get it done, I'm not the expert in the room to help you do that. I tend to go with my colleague here to my left. We trust y'all. We want y'all to be in the community. But at the same time, if we were to vote this right now with what you want, two weeks from now, things may change for you. It may change for the industry. It may change for the economy. And all of a sudden, we're left with a GB that anyone can come in by right. And now we have an issue. stirring up a hornet's nest for the residents' side. Unfortunately, that's the situation that I think you're in. Does that mean you can't do something or you can't get it done? No. Like I said, I'm just not the expert in the room to help you do that. I want y'all to do something, I want y'all to be successful, but I don't know at this point what the process needs to be in order to solidify that and move forward. But I do like the idea. I'm in support of transitional spaces that are light and offer a good transition between single family and other light commercial that have been in places. But other than that, I do commend y'all for coming in and approaching this. I think there's just a little bit more to do right now.

Thank you. I got one more thing. What are y'all going to have as far as pavement and stuff out there? Are y'all going to have concrete out there or asphalt or gravel?

It'll need to be concrete. I mean, asphalt just gets torn up, as you know. As much rain as we get in Houston, I've found that with oil higher, I mean, they're about the same price now. So we'll put in concrete.

And then part of what we're...

This space is kind of moving between a hybrid between retail and office industrial. Our customers want more amenities, which is also landscaping. I mean, nobody wants to sit on a patio that you're gonna cook on. I mean, they're gonna want us to build trees around some of those patio areas we're gonna put in. And so this will be an amenitized project that we believe has significant demand from young professionals. It's also creative space is what I want you to think of as well. A lot of creative type businesses want more of an industrial look with, you know, more modern amenities as opposed to, you know, your tired traditional, you know, industrial warehouse. They don't want that. What they want is, you know, something that, you know, brings out the creativity in their employee, you know, in their company because that allows them to attract better employees.

Okay, thank you.

Well, thank you for your presentation. I think we're all on the same page. Some of our concerns are that it doesn't meet the future plan use. And now just learning about having no sewer available for 1,800 feet is going to be a little bit of an issue, I think, as well. Anybody else have any other discussion?

Ready to vote?

All those in favor, sign by raising your right hand. OK. One, and then all those opposed, same sign? You can't vote, one or the other.

All right. I just wanna, can I make a comment? I just wanna say that GB was, for what you guys wanna do, that's not the right thing, and as a board here, we need to go back to the city and see if we can get a, put something on the agenda for a UDC amendment so that maybe down the road this can work. Because even if you had this GB, you still couldn't do what you guys want to do, which I think is a great product for this property. And that would be unfortunate if we all said yes, and they said yes, and then turn around and you can't do what you want to do. So I think if we can, you guys let us know how we need to discuss that. But I think small office... warehouse for plumbers and electricians and people needed to keep. I think that's going to be a great, that's something we need to rethink. And putting that in either neighborhood services as a CUP or general business, not, no, no, I would say neighborhood services. Because if that's the concern, is the type of use, then it would have to be neighborhood services with a CUP or maybe small office warehouse.

How have y'all used PUDs in the past? I've developed mixed-use projects using more of that PUD format. It allows us basically to create rules for a project. I don't know how much experience y'all have had using that type of zoning.

People have brought that, and I definitely talked to the city about that as an alternative. I think if our board is concerned about the GB and it still is not going to bring you the product you want, Council's definitely going to be, you know, probably, I can't speak for them, but I have a feeling they wouldn't be on board with it either, so.

Do you guys want to vote on a neighborhood services with a CUP while we're here?

No, we can't. No.

We could have downzoned it, but the problem is CUP, there's no CUP that has your use that you're asking for, and that's one of the things we talked about, but

And that's why all these types of services and companies are in the county. I mean, we see them on the county side. I appreciate your time, thank you.

Thank y'all. All right, on to discussion items.

good evening everyone so we had city council on the 27th of july and we had second reading for zoning change application zone 2025-569 and that was for the pcd project off of beltway 8 and 288 and the city council's motion was to postpone the second reading to a special meeting that is going to be this august 5th for that second reading so it's been postponed And so August 5th is a Wednesday, so this will be a special city council meeting.

And it's postponed to that special meeting that's an exec session as well, correct?

So there is an executive session that will occur before the vote of the item.

Is that at 6.30, the August 5th meeting? What time?

That is a great question.

I believe it's at 4 o'clock. 4. Thank you.

And I will transition into the City Council and Planning and Zoning Joint Workshop on August 24th at 5 o'clock. We are hearing a plan development workshop for a multifamily product that may sound familiar to you all. It is the 315 Multifamily Residential Complex at Broadway and Oak. So they are coming back to have another discussion on the product. And then I can kind of jump a little bit ahead. But as Mr. Fuertes mentioned, the UDC looking at zoning districts and land uses, I did want to share that on September 14, we have another joint workshop to go over the Unified Development Code updated zoning districts. So you all will be able to review what we're condensing, what we're consolidating, what we're expanding, as well as our land use categories, what those are going to look like, and potentially you know, what our zoning districts look like in the future. So definitely welcome y'all's feedback on that.

Wonderful. And then our next P&Z meeting on here is August 31st at 6.30 p.m.

So we're not having one on the 3rd.

We have one on the 17th.

We do not have P&Z on the 17th, as there are five Mondays in August, so we are skipping the third. That's on my calendar, I'm glad you told us.

Okay.

Everyone gets a week off.

Okay, so we go to the 24th and the 31st, got it.

Postponed, not off.

That's true. All right, anything else, anyone? All right, meeting adjourned, 7.44.