2020-08-03 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA TELEPHONE/VIDEO CONFERENCE OF THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY,
AUGUST 3, 2020 AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson Layni Cade opened the meeting for the P&Z Regular Meeting at 6:34 P.M.
In attendance were:
P&Z Chairperson Layni Cade
P&Z Vice Chairperson Henry Fuertes
P&Z Commissioner Ashlee Boswell
P&Z Commissioner Brandon K. Dansby
P&Z Commissioner Andrew B. Earles
P&Z Commissioner Ronald Wicker
Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs,
Senior Planner Mohamed Bireima, Planner II Vince Hustead, City Engineering Parviz
Pourazizian, and Office Assistant Shelby Lowe.
Chairperson Cade read into the record the items on the consent agenda.
CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and require little or no
deliberation by the P&Z Commission. These items will be enacted / approved by one motion
unless a commissioner requests separate action on an item, in which event the item will be
removed from the Consent Agenda and considered by separate action (ix. Matters removed from
Consent Agenda). Approval of the Consent Agenda enacts the items of legislation.
CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES AND EXCUSE
ABSENCE
Excuse the absence of the P&Z Commissioner Ashlee Boswell from the July 20, 2020 P&Z
Regular Meeting.
Approve the P&Z Regular Meeting minutes from June 15, 2020, July 6, 2020, and July 20, 2020.
Vice Chairperson Fuertes made a motion to approve, Commissioner Dansby seconded the
motion.
Vice Chairperson Fuertes commented that he could not access or read the minutes. Chairperson
Cade commented that she has some corrections for the minutes to suggest.
Vice Chairperson Fuertes made the motion to remove the approval of the minutes from the
consent agenda. Commissioner Dansby seconded the motion.
Motion passed 5-0
P&Z Regular Meeting Minutes
August 3, 2020
Page 1 of 9
(Commissioner Wicker left the meeting, the commission still met quorum to vote)
CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE
Excuse the absence of the P&Z Commissioner Ashlee Boswell from the July 20, 2020 P&Z
Regular Meeting.
Vice Chairperson Fuertes made a motion to approve, Commissioner Dansby seconded the
motion.
Motion passed 5-0
CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES AT AUGUST 17,
2020 P&Z REGULAR MEETING
Commissioner Boswell made the motion to move the approval of the minutes at August 17, 2020
P&Z Regular Meeting. Vice Chairperson Fuertes seconded the motion.
Motion passed 5-0
NEW BUSINESS
Chairperson Cade read into the record the items on Consideration and Possible Action—Variance
to Create Two Flag Lots. VARP 20-00014
CONSIDERATION AND POSSIBLE ACTION — VARIANCE TO CREATE TWO FLAG LOTS
VARP 20-00014
A request by Oanh Nguyen of Windrose Land Services, the applicant on behalf of BLE Dodd
Investments, LLC owner; for approval of a Variance Permitted in Section 2.6.1.1 (b) (1) of the
United Development Code, Ordinance No. 2000-T, from the requirements of Section 3.2.14.2 (c)
of the UDC to allow approval of the creation of two flag lots described to wit:
Legal Description:
A Subdivision of 9.3067 acres /405,398 square feet situated in the H.T.&B.R.R. Co. Survey, Sec
80 A.K.A. the J.S. Talmage Survey, Abstract No. 564 City of Pearland, Brazoria County, Texas.
General Location:
11900 Broadway
Planner Vince Hustead presented the staff report with exhibits. Planner Hustead informed the
commission that the applicant wants to create two flag lots and would like to submit a plat to
create three separate lots for future non-resident development. Planner Hustead stated that staff
does not recommend approval of this variance. Staff does recommend approval of the plat with
the creation of only one flag lot. Staff does not believe the variance is necessary for the
preservation and enjoyment of this property. Staff does not believe there is a true hardship. Staff
does not believe that the degree of variance requested is the minimum amount necessary to meet
the needs of the applicant to satisfy the standards of this section. Planner Hustead in addition,
P&Z Regular Meeting Minutes
August 3, 2020
Page 2 of 9
showed the applicant's original three lot configuration plat and a staff recommended configuration
with two lots.
(Commissioner Wicker rejoined the meeting)
Applicant Mr. Jeff Boutte of Windrose Land Services presented to the commission. Mr. Boutte
asked the commission to consider the variance how the applicants presented it, even though staff
is not supportive of the variance. He did note that staff is supportive in general of the single flag
lot plan. Mr. Boutte discussed the advantages of the two flag lot plan and the access to Broadway
and Shadow Creek High School Drive. Only one drive way will be allowed on Broadway for all
three lots due to the city's access management standards. Mr. Boutte argued that approving the
variance would be consistent with near by developments.
Owner of the parcel Mr. Patrick Dodd of BLE Dodd Investments, LLC also presented to the
commission. He commented that there will only be one drive way on Broadway and there will not
be two separate drive ways. He also stated that if the gymnastics center and office space are
combined the square feet of the building and parking spaces wouldn't take up all six acres. He
will only need a total of three acres to build the gymnastics center. That leaves the middle three
acres for potential developments.
Commissioners Discussion:
Vice Chairperson Fuertes commented on the desire of the owner to have three developable lots
versus two. Further, he commented on the joint access for the proposed parcels. Vice
Chairperson Fuertes discussed the intent of the prohibition on adjacent flag lots. His last comment
was for the commission to note that there is a hardship that Alvin Independent School District has
not yet dedicated the private drive to the city, if they would this may have been avoided.
Commissioner Wicker requested clarification on the UDC regulations which allows flag lots
Deputy City Attorney Provins stated that Commissioner Wicker is correct, that you do need a
variance to get one flag lot. Deputy City Attorney Provins discussed the potential creation of
additional points of conflict by allowing adjacent flag lots to be created. Chairperson Cade,
Commissioner Wicker, and Deputy City Attorney Provins discussed joint access agreement. Vice
Chairperson Fuertes asked if the variance could be passed with the condition of an access
agreement, would that condition be acceptable to the city? Deputy City Attorney Provins said that
he would ask that the commission attach such a condition to the variance. Mr. Dodd stated that
they do have an access agreement in place and that it would be in place when the final plat is
processed. The only place they can put the drive way is in the frontage portion of the property.
Shadow Creek High School Drive would be an appropriate place to put a drive for all three
businesses. Deputy City Attorney Provins informed 2.6.6.1.(b)(3) in the UDC states, that no flag
lots will be allowed to have a frontage adjacent to the frontage of a flag lot from the same street.
Mr. Boutte stated that this property is a part of a Planned Development and the conceptual site
plan was included in the original Planned Development application. Commissioner Wicker stated
that if this was apart of a PUD originally, then why can't it be handled like a PUD, like H-E-B has
been handled with multi-uses on their property that could be determined with an amended PUD,
rather than splitting it up into parcels that cannot comply with the UDC. Planner Griggs answered
Commissioner Wicker, he stated that when the amendment for the Planned Development went
through there were only two lots shown in the illustrative drawing and that It was never a
conceptualized need for two flag lots to be placed next to each other. Vice Chairperson Fuertes
asked that besides suggesting to the owners that they can build two lots instead of three, is there
any other way staff sees around this issue to be recommended to the commission. Planning
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August 3, 2020
Page 3 of 9
Manager Griggs discussed the issues with providing utilities, access, and the residential buffer
within a 25' strip of land. Commissioner Dansby stated that he was opposed to a variance that is
against staff's recommendation. He suggests one flag and to move away from the original
variance. Deputy City Attorney Provins wanted to follow up to Vice Chairperson Fuertes about
issues that there were concerns expressed by engineering at a DRC meeting about being able to
run utilities to the middle lot.Where the poles are currently proposed in the configuration variance,
that far left side must have landscaping and utilities. Lot number two where the driveway is
supposed to be you have the utilities running and they would be located under the drive way. If
any repairs need to be made on the utilities or infrastructure than it would close the drive way and
the southern part of the development. To do what you are suggesting creates an unintended
consequence, while it might accommodate financial issues, in turn it will create infrastructure
issues. Vice Chairperson Fuertes says he understands but asks that couldn't an easement be
created on either of the lots for the utilities themselves or use them to run utilities through an
adjacent landowner's land. He remembers some sites in Shadow Creek that the commission
helped develop that are community sites and they share a common storm drain and water and
sewage from one property to another. Deputy City Attorney Provins stated that since those types
of developments have been constructed that the city has had some issues and concerns
expressed. The international plumbing code requires that all lots have direct connection to the
public utility. You could put an easement on someone else's lot, but it would still have to have
connection to a public utility. You would have to have easements on parts of these poles that
engineers would approve. Planning Manager Griggs addressed a previous comment about lot
configuration in the PD amendment. He went back and looked at the pre-development site plan
and what was submitted the PD plan only showed a single lot that did not have any flags shown
at all. Planning Manager Griggs pulled this information from the JPH packet from January 6, 2020.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action -Variance
to Create Two Flag Lots. VARP 20-00014. Commissioner Earles made a motion to approve, Vice
Chairperson Fuertes seconded the motion.
Motion was denied 1-5
Chairperson Cade read into the record the items on Consideration and Possible Action—Variance
from the 3 to 1 front depth ratio. VARP 20-00016
CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM THE 3 TO 1 FRONT TO
DEPTH RATIO VARP 20-00016
A Request of Donna Eckels of Pro-Surv, the applicant; on behalf of Kelly Jean and Gary Lee
Goldsberry owners; for approval of a Variance Permitted in Section 2.6.1.1 (b) (1) of the Unified
Development Code, Ordinance No. 2000-T, to increase the maximum lot depth to width ratio from
the 3 to 1 to a ratio of 5 to 1 to allow the platting of two lots described to wit:
Legal Description:
A subdivision of a 4.50-acre tract of land, being out of Lot 82, of West Friendswood Subdivision,
in Brazoria County, Texas as a record in Volume 1, Page 96 of the Map or Plat Records of
Brazoria County, Texas.
P&Z Regular Meeting Minutes
August 3, 2020
Page 4 of 9
General Location:
18031 County Road 125
Planner Vince Hustead presented the staff report with exhibits. He informed that the owners would
to plat two lots in the ETJ near the Pearland Airport and that staff recommends approval of the
requested variance:
1. The variance conforms to the UDC requirement for a variance.
Planning Manager Griggs stated that the applicants were not in attendance, but they were made
aware of the meeting and how to attend.
Commissioner Dansby commented on how this property is rural, so he sees no issue in the lot
being split. Chairperson Cade and Vice Chairperson Fuertes agreed with Commissioner Dansby.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action—Variance
from the 3 to 1 front depth ratio. VARP 20-00016. Commissioner Dansby made a motion to
approve, Vice Chairperson Fuertes seconded the motion.
Motion passed 6-0
Chairperson Cade read into the record the items on Consideration and Possible Action —
Variance from Section 3.2.14.2 (c) to allow the creation of a flag lot. VARP 20-00013
CONSIDERATION AND POSSIBLE ACTION — VARIANCE FROM SECTION 3.2.14.2 (c) TO
ALLOW THE CREATION OF A FLAG LOT VARP 20-00013
A request of Joshua Kester of Tri-Tech Surveying Co, the applicant; on behalf of Michael K.
Sellars and Shon D. Sellars owners; for approval of a Variance Permitted in Section 2.6.1.1 (b)
(1) of the Unified Development Code, Ordinance No. 2000-T from the requirements of Sections
3.2.14.2 (c) of the UDC to allow approval of the creation of a flag lot described to wit:
Legal Description:
A subdivision of 3.841 acres situated in the H.T.&B.R.R. Survey, Abstract No.549, in the City of
Pearland, Brazoria County, Texas and being a Replat of the East 1/2 of the East 1/2 of Lot 21, of
the Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision, Section 24,
According to the Map or Plat Thereof, Recorded in/under Volume 2, Page 89, of the plat records
of Brazoria County, Texas
General Location:
6610 Bailey Road
Planner Vince Hustead presented the staff report with exhibits and informed that staff
recommends approval of the Variance from Section 3.2.14.2 (c) as proposed by the applicant for
the following reason:
P&Z Regular Meeting Minutes
August 3, 2020
Page 5 of 9
1. The Variance from Section 3.2.14.2 (c) to allow the creation of a flag lot to the UDC
requirement for that zoning district.
2. The variance will allow for two separate lots that will each have a single-family residence.
The first lot had an existing house on it before the area's annexation and the Bailey Road
extension.
Max Ebner works for the residential builder that Mr. and Mrs. Sellars hired, stated that Joshua
Kester had technical difficulties signing on to the meeting. The property was annexed and then
the properties owners house had a fire, so they moved into the guest house that then became
their main residence. They now want to rebuild the original house and have two separate
residences on two separate lots.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action —
Variance from Section 3.2.14.2 (c) to allow the creation of a flag lot. VARP 20-00013.
Commissioner Wicker made a motion to approve, Vice Chairperson Fuertes seconded the motion.
Motion passed 6-0
Chairperson Cade read into the record the items on Consideration and Possible Action —
Variance from the 3 to 1 front to depth ratio. VARP 20-00017
CONSIDERATION AND POSSIBLE ACTION — VARIENCE FROM THE 3 TO 1 FRONT TO
DEPTH RATIO VARP 20-00017
A request of Suwanna A. Rubio and Rolando Rubio owners; for approval of a Variance Permitted
in Section 2.6.1.1 (b) (1) of the Unified Development Code, Ordinance No. 2000-T, to increase
the maximum lot depth to width ratio from the 3 to 1 to a ratio of 5.34 to 1 to allow the platting of
a lot described to wit:
Legal Description:
A0506 H.T. & B.R.R. Tract 32B, 2.960 acres
General Location:
1821 Hillhouse Road
Planner Vince Hustead presented the staff report with exhibits and informed that staff
recommends approval of the Variance from the 3 to 1 front to depth ratio as proposed by the
applicant for the following reason:
1. The Variance from the 3 to 1 front to depth ratio meets the UDC requirement for that
zoning district.
Planning Manager Griggs informed the commission that the applicant did sign up to speak but did
not log into the meeting.
P&Z Regular Meeting Minutes
August 3, 2020
Page 6 of 9
Commissioner Wicker asked if the proposed plat was combining two lots into one. Planner
Hustead confirmed. Vice Chairperson Fuertes asked for clarification on a symbol on the plat.
Planning Manager Griggs responded that those are dimension lines to the structure. Vice
Chairperson Fuertes asked staff that the commission reviewed two variances for the same thing,
both in rural areas and questioned if the rule 3 to 1 is necessary or should it be amended? Deputy
City Attorney Provins and Planner Hustead responded that the 3 to 1 ratio helps to maintain
orderly development within the city's jurisdiction. Vice Chairperson Fuertes added that he is in
favor for leaving it up to the Planning Manager rather than these cases coming to the P&Z
Commission if it simple.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action —
Variance from the 3 to 1 front to depth ratio. VARP 20-00017. Commissioner Earles made a
motion to approve, Commissioner Dansby seconded the motion.
Motion passed 6-0
Chairperson Cade read into the record the items on Consideration and Possible Action —
Final Plat of Stewart Heights at Savannah Section 10. PLAT 20-00070
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF STEWART HEIGHTS AT
SAVANNAH SECTION 10 PLAT 20-00070
A request of Cameron Lowe, of LJA Surveying and Engineering, the applicant; on behalf of
Savannah Development, LTD., owner; for approval of the Final Plat of Stewart Heights at
Savannah Section 10 creating 48 single family lots, and 3 reserves on ± 26.306 acres of land
located on the west side of Savannah Parkway at Banfield Hallow Drive south of County Road 564B,
described to wit:
Legal Description:
A Subdivision of 4.275 acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 302
and the J.S. Talmage Survey, Abstract 566, Brazoria County, Texas.
General Location:
Savannah Parkway from Arrowhead Point Lane to County Road 564B (future Bailey Rd.)
Planner Vince Hustead presented the staff report with exhibits and informed that staff
recommends approval of the Final Plat of Stewart Heights at Savannah Section 10 as proposed
by the applicant for the following reason:
1. The Final Plat meets the UDC requirement for a plat.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action —
P&Z Regular Meeting Minutes
August 3, 2020
Page 7 of 9
Final Plat of Stewart Heights at Savannah Section 10. PLAT 20-00070. Commissioner Wicker
made a motion to approve, Commissioner Boswell seconded the motion.
Motion passed 6-0
Chairperson Cade read into the record the items on Consideration and Possible Action —
Final Plat of Savannah Parkway North of Arrowhead Point Lane. PLAT 20-00071
CONSIDERATION AND POSSIBLE ACTION — FINAL PLAT OF SAVANNAH PARKWAY
NORTH OF ARROWHEAD POINT LANE PLAT 20-00071
A request of Cameron Lowe, of LJA Surveying and Engineering, the applicant; on behalf of
Savannah Development, LTD., owner; for approval of the Final Plat of Savannah Parkway North
of Arrowhead Point Lane; dedicating 100 feet of right of way for Savannah Parkway from
Arrowhead Point Lane to County Road 564B (future Bailey Rd.) on 4.275 acres of land, described
to wit:
Legal Description:
A Subdivision of 4.275 acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 302
and the J.S. Talmage Survey, Abstract 566, Brazoria County, Texas.
General Location:
Savannah Parkway from Arrowhead Point Lane to County Road 564B (future Bailey Rd.)
Planner Vince Hustead presented the staff report with exhibits and informed that staff
recommends approval of the Final Plat of Savannah Parkway North of Arrowhead Point Lane as
proposed by the applicant for the following reason:
1. The Final Plat meets the UDC requirement for a plat.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action —
Final Plat of Savannah Parkway North of Arrowhead Point Lane. PLAT 20-00071. Commissioner
Dansby made a motion to approve, Commissioner Boswell seconded the motion.
Motion passed 6-0
Commissioner Boswell motioned to reconsider VARP 20-00014. Commissioner Earles seconded
the motion.
Commissioner Discussion: Commissioner Dansby stated that he is open to the single flag with
shared access even though it might not be exactly what the applicant may want. Chairperson
Cade agreed.
Motion passed 5-1, Commissioner Wicker opposed
P&Z Regular Meeting Minutes
August 3, 2020
Page 8 of 9
Commissioner Dansby motioned to amend the original motion to allow only one pole, instead of
two. Commissioner Boswell seconded the motion.
Motion passed 5-1, Commissioner Wicker opposed
Commissioner Wicker opposed the motion because he felt there might be other ways to develop
the land than what staff recommended.
Planning Manager Griggs informed the commission that Mr. Boutte asked shortly after the original
discussion for the motion to be amended, but due to the agenda he did sign off, so he is not
available for additional questions.
Motion passes 5-1, Commissioner Wicker opposed
DISCUSSION ITEMS
1. Commissioners Activity Report— None
2. Next P&Z Regular Meeting —August 17, 2020
ADJOURNMENT
Chairperson Cade adjourned the P&Z Regular meeting at 7:52 P.M.
These minutes were respectfully submitted by:
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She by o e, ' e ssistan
Minutes approved as submitted and/or corrected on this 17th day of August 2020, A.D.
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P&Z Regular Meeting Minutes
August 3, 2020
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