2020-09-21 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,
SEPTEMBER 21, 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 6:51 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 Jennifer Henrichs
P&Z Commissioner Ronald Wicker
Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs,
Senior Planner Mohamed Bireima, Assistant Director of Engineering Rajendra Shrestha,
Assistant City Engineer 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
Approve the P&Z Regular Meeting minutes from August 3, 2020, August 17, 2020, and
September 8, 2020.
Vice Chairperson Fuertes made the motion to remove the approval of the August 3, 2020 minutes
from the consent agenda and to approve the August 17, 2020 and September 8, 2020 minutes.
Commissioner Boswell seconded the motion.
(Commissioner Wicker left the meeting, the commission still met quorum to vote)
Motion passed 5-0
MATTERS REMOVED FROM CONSENT AGENDA
P&Z Regular Meeting Minutes
September 21, 2020
Page 1 of 9
Chairperson Cade read into the record the items on Consideration and Possible Action—Removal
from the Consent Agenda, Approval of August 3, 2020 Minutes.
CONSIDERATION AND POSSIBLE ACTION —APPROVAL OF AUGUST 3, 2020 MINUTES
Vice Chairperson Fuertes motioned for the commission to recommend a change to August 3,
2020 minutes. Commissioner Dansby seconded the motion
Vice Chairperson Fuertes recommended to change a marked-out sentence on page 3.
(Commissioner Wicker rejoined the meeting)
Vice Chairperson Fuertes motioned to table the August 3, 2020 minutes for the October 5, 2020
meeting. Commissioner Dansby seconded the motion.
Motion passed 6-0
NEW BUSINESS
Chairperson Cade read into the record the items on Consideration and Possible Action—Approval
of a Flag Shaped Lot to Allow Platting of Two Lots. VARP 20-00021.
CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF A FLAG SHAPED LOT TO
ALLOW PLATTING OF TWO LOTS VARP 20-00021
A request of Donna Eckels, the applicant; on behalf of Michael L. Palmer owner; for approval a
variance to the Unified Development Code, Ordinance No. 2000-T: (1) a variance to allow the
creation of a flag-shaped lot per Section 2.6.1.1(b)(1) as permitted per Section 3.1.1.6 (f);
described to wit:
Legal Description:
A subdivision of 5.00 acres being the north one-half(N. 1/2) of Lot Forty-Nine (49), of the Allison —
Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section 25 H.T. & B.R.R.
Company Survey, Abstract 245, according to the plat recorded in volume 2, page 10 of the map
records of Brazoria County, Texas.
General Location:
17417 Berry Road /County Road 879-C
Planning Manager Griggs presented the staff report, stating that the plat variance would create
two lots for residential use and that staff recommends this variance for the following reason:
1. The plat variance conforms to the UDC requirement for a plat variance.
Call for Public Input. Planning Manager Griggs stated that no one signed up to speak on behalf
of this item.
P&Z Regular Meeting Minutes
September 21, 2020
Page 2 of 9
Vice Chairperson Fuertes asked staff if the variance resembles the character of the neighborhood.
Planning Manager Griggs replied there are similar lots to this variance nearby. Commissioner
Henrichs asked if there would be appropriate access to the lot. Planning Manager Griggs replied
that for staff to recommend this plat variance there would have to be appropriate access.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action—Approval
of a Flag Shaped Lot to Allow Platting of Two Lots. VARP 20-00021. Commissioner Boswell made
the 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 —
Preliminary Plat of Riverstone Ranch at Clear Creek Section 11. PLAT 20-00088.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF RIVERSTONE
RANCH AT CLEAR CREEK SECTION 11 PLAT 20-00088
A request of Zach Zarse of LJA Engineering, Inc., on behalf of Meritage Homes of Texas, LLC,
owner: to approve the Preliminary Plat of Riverstone Ranch at Clear Creek Section 11 creating
88 single family lots and 10 reserves on 71.157 acres, described to wit:
Legal Description:
A subdivision of 71.157 acres of land situated in the T.J. Green Survey, Abstract 290, City of
Pearland, Harris County, Texas being a Replat of Part of Lots 36, 66, 67, 83, 100, and 118, and
all of Lots 38, 53, 68, 84, 85, 101, and 119 of the Allison Richey Gulf Coast Home Company, Part
of Suburban Gardens, Section "G", a subdivision of record in Volume 4, Page 48, map records of
Harris County, Texas, and Part of Reserve "G" of Riverstone Ranch at Clear Creek, Section 6, as
recorded at film code No. 680786, Map Records of Harris County, Texas.
General Location:
North of Clear Creek; east of Hughes Road.
Planning Manager Griggs presented the staff report with exhibits and stated that this is a R-1
cluster plan with 55 ft. wide lots. He informed the commission that staff recommends approval of
the requested preliminary plat:
1. The preliminary plat conforms to the UDC requirement for a preliminary plat.
Vice Chairperson Fuertes asked staff why there were a set of houses on indigo trail that looked
like a half moon shape. Planning Manager Griggs directed the question to Jason Price with LJA
Engineering. Mr. Price stated that he completed this final plat originally, but he is not quite sure
why it is shaped like that. Vice Chairperson Fuertes replied that he could follow up about this
matter with Mr. Price later.
No further discussion from Staff, P&Z Commission or Public input.
P&Z Regular Meeting Minutes
September 21, 2020
Page 3 of 9
Chairperson Cade read into the record the items on Consideration and Possible Action —
Preliminary Plat of Riverstone Ranch at Clear Creek Section 11. PLAT 20-00088.Commissioner
Wicker 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 —
Preliminary Plat of Moosa Stadium. PLAT 20-00020.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF MOOSA STADIUM
PLAT 20-00020
A request of Ke Chen of K. C United, Inc, applicant; on behalf of Sakhi Muhammad, owner; for
approval of the Preliminary Plat of Moosa Stadium; located at 5515 McKeever Road on 52 acres
of land, described to wit:
Legal Description:
A subdivision of 52 acres, (2,265,089 sq. ft.) portions of lots 20, 19, 16, 17, all of lots 18 & 29 &
30 Allision Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 24,
H.T.&B.R.R. Co. Survey, (George C. Smith Survey), Abstract No. 549, Volume 2, Page 89,
Brazoria County Plat Records, Brazoria County, Texas.
General Location:
5515 McKeever Road
Planning Manager Griggs presented the staff report with exhibits and informed the commission
that this preliminary plat is a total of 4 lots located in the ETJ, each ranging from 10 to 14 acres.
He also stated that staff recommends approval of this preliminary plat, despite the Traffic Impact
Analysis not being approved, for the following reason:
1. The preliminary plat conforms to the UDC requirement for a preliminary plat. Staff will
require increased infrastructure based on the Traffic Impact Analysis.
Mr. Chen was available to answer any questions for the commission.
Chairperson Cade wanted clarification on the Traffic Impact Analysis. Planning Manager Griggs
replied that the Traffic Engineer was working with the applicant to get it approved. Vice
Chairperson Fuertes asked if the commission should approve. Deputy City Attorney Provins
advised that the commission should require the conditional approval of the final plat with the
additional infrastructure. Chairperson Cade if there was a seating cap at the stadium. Mr. Chen
replied that the cap is around 400 attendees and that they originally wanted to add extra seating,
but that plan has not been approved. Mr. Chen did want to inform the commission that the seating
would not be fixed seating.
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
September 21, 2020
Page 4 of 9
Preliminary Plat of Moosa Stadium. PLAT 20-00020. Commissioner Boswell 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 — Harvest
Acres RV Park. PLAT 20-00091.
CONSIDERATION AND POSSIBLE ACTION — HARVEST ACRES RV PARK PLAT 20-00091
A request by Chad Gormly of Gormly Surveying Inc., the applicant on behalf Kyle Urbanecowner;
for approval of the Replat of Harvest Acres RV Park creating 1 lot on 9.74 acres of land located
at the west corner of County Road 130 and County Road 127, described to wit:
Legal Description:
A plat of 7.19 aces, being all of a 2.55 acres tract as recorded in document number 2019026023,
official records of real property, Brazoria County, Texas and all of Lot 1 of Airpark Estates, Section
6, as recorded in document number 2020032962, official records of real property, Brazoria
County, Texas, located in the City of Pearland, Texas, ETJ.
General Location:
West corner of County Road 130 and County Road 127
Planning Manager Griggs presented the staff report with exhibits and stated that this plat is adding
land and is in the ETJ near the Pearland Airport. Planning Manager Griggs informed the
commission that staff recommends approval of the requested plat:
1. The replat conforms to the UDC requirement for a replat.
Commissioner Dansby abstained from this item due to personal conflict.
Vice Chairperson Fuertes asked if the plat encompasses some of the airport? Planning Manager
Griggs replied that the line is outside of the property and would not affect the replat. Commissioner
Henrichs asked about access to the airport. Planning Manager Griggs replied that this replat
would allow for the property to still be developed and have access to the airport. Chairperson
Cade stated that the RV park already exists and is just being added to.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action —Harvest
Acres RV Park. PLAT 20-00091. Commissioner Boswell made a motion to approve, Vice
Chairperson Fuertes seconded the motion.
P&Z Regular Meeting Minutes
September 21, 2020
Page 5 of 9
Motion passed 4-1
Commissioner Henrichs stated that she voted against the replat because she is concerned with
the RV park being located near the airport.
Chairperson Cade read into the record the items on Consideration and Possible Action —
Preliminary Plat of Modern Green Ivy Townhomes. PLAT 20-00076.
CONSIDERATION AND POSSIBLE ACTION — PRELIMINARY PLAT OF MODERN GREEN
IVY TOWNHOMES PLAT 20-00076
A request of Jason Price, LJA Engineering, the applicant; on behalf of America Modern Green
Development, LLC owner; for approval of the Preliminary Plat of Modern Green Ivy District
Townhomes creating 46 townhome lots and 7 reserves, on 5.288 acres of land located south of
Beltway 8 and west of State Highway 288, described to wit:
Legal Description:
A Subdivision of 5.288 acres of land situated in the James Hamilton Survey, Abstract 881, City of
Pearland, Harris County, Texas; also, being a replat of all of Tract "4", Block 4 of Modern Green
Ivy District, as recorded in film code No. 6902400, H.C.M.R. and Document No. 2019061536,
B.C.O.R.
General Location:
South of Beltway 8 west of State Highway 288
Planning Manager Griggs presented the staff report with exhibits and informed the commission
that staff recommends approval of the requested preliminary plat:
1. The preliminary plat conforms to the UDC requirement for a preliminary plat.
Jason Price was available to answer any questions for the commission.
Vice Chairperson Fuertes asked staff that he recalls when he was on the P&Z Commission back
in 2015, that Modern Green Ivy had many different plans that needed to include phase
development. Planning Manager Griggs replied that Modern Ivy Green does have a development
agreement and is working with the City. Chairperson Cade asked about the Traffic Analysis
Report. Planning Manager Griggs replied that it should be completed. Assistant City Engineer
Pourazizian confirmed that the TIA was completed in 2014 or 2015.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action —
Preliminary Plat of Modern Green Ivy Townhomes. PLAT 20-00076. Commissioner Wicker made
a motion to approve, Commissioner Dansby seconded the motion.
Motion passed 6-0
P&Z Regular Meeting Minutes
September 21, 2020
Page 6 of 9
Chairperson Cade read into the record the items on Consideration and Possible Action — Replat
Longwood Park Section 1 Replat of Lot 5, Block 7. PLAT 20-00092.
CONSIDERATION AND POSSIBLE ACTION — REPLAT LONGWOOD PARK SECTION 1
REPLAT OF LOT 5, BLOCK 7 PLAT 20-00092
A request of Josh Kester,the applicant; on behalf of Yanfu Management, LLC, owner; for approval
of the Replat Longwood Park Section 1, Replat of Lot 5, Block 7 creating two residential lots on
0.6068 acres of land located at 1401 Paul Drive, described to wit:
Legal Description:
A subdivision of 0.6068 acres (26,432 square feet) of land situated in the Perry &Austin League,
Abstract III, City of Pearland, and being a replat of Lot Five 5, Block Seven 7, Longwood Park
Section 1, according to the map or plat thereof, recorded in / under Volume 9, page 143, of the
Map Records of Brazoria County, Texas.
Location:
1401 Paul Drive
Planning Manager Griggs presented the staff report with exhibits and stated that this replat is in
a R-1 zoning district. He informed the commission that the applicant will be creating two lots and
that staff recommends approval of the requested replat plat:
1. The replat conforms to the UDC requirement for a replat.
Public Input:
Bruce Beaubouef, resident of 1402 Myrtlewood; stated that he has lived in Longwood for 30 years.
His concerns were that the replat is near a pipeline, will increased traffic in the neighborhood, that
the neighbors want to encourage buyers over renters, and the replat would lower property values.
He stated that replatting would reduce the quality of life in Longwood and Pearland.
Mark Anderson, resident of 2408 Kay Avenue; Commented that he would agree with everything
Mr. Beaubouef stated. He lives right behind the current house on the property and says that it is
not pleasing to the eye, so there is no need to have two houses like this.
Greig and Katherine Ray, residents of 2407 Kay Avenue; stated that they stated that they are
against the replat and do not want anymore rental properties in the neighborhood.
Linda Pettit, resident of 2406 Kay Avenue; Remarked that she has been a resident of Longwood
for 50 years. She stated that the property is not appealing, and it is located at the entrance of the
street where her property is located, so it will diminish her property value.
James Johnson, resident of 1402 Paul Street; noted that he has been a resident of Longwood for
44 years. He opposed rental properties and stated that the last two renters left swiftly because
the owner will not upkeep the property. He says that the property is out of character for the
neighborhood and the new owner has not spoke with neighbors about the plans for the property.
P&Z Regular Meeting Minutes
September 21, 2020
Page 7 of 9
Shirley Bonvillian, resident at 2409 Kay Avenue; stated that she has been a resident of Longwood
for 46 years and is concerned about the pipeline and traffic. She also commented that there are
no sidewalks or parks in Longwood.
Frank Burgett, resident of 2406 John Street, representing himself, his wife and his neighbor Betty
Schellhase, resident of 2408 John Street; He stated that he sent a letter to the city to object a
second house being built on this property. He wanted to note that the original house on this
property had to be moved due to the pipeline. He said that Longwood has no HOA, so the
neighborhood is relying on the city and he asked for disapproval of this replat.
Kevin Stuckey; Stated that the set backs on the property are complying.
Michael Walls with Trisect Planning stated that there are no deed restrictions for rentals or
creating two lots out of one. He said that many homes are built near pipelines with additional
safety requirements.
Commissioner Dansby asked Deputy City Attorney Provins about commissioner's ministerial
duties. Deputy City Attorney Provins replied that the commission does have the responsibility to
complete ministerial duties for this replat. He informed the commission that the city does have to
call for public input, so that residents near that plat can bring forward any previous convents for
that property or point out any planning mistakes. Commissioner Boswell is concerned with the
aesthetics and safety of the property. Kevin Stuckey replied to Commissioner Boswell stating that
was a fair concern and could report any safety issues to the commission. Commissioner Wicker
said that he understands the duty of a commissioner but brought up an ordinance that City Council
passed back in the 1980's about pipeline easements. He informed the commission if the building
is not safe that city inspectors can review the structure. Commissioner Dansby reminded the
commission not to worry about building inspections. He is not worried about looks or the easement
of the property, the replat meets requirements and the commission will have to approve.
Chairperson Cade asked staff if they are sure the pipeline is okay? Deputy City Attorney Provins
replied that the pipeline is not located on the side of the property, it is in the middle, so it would
not have to follow any ordinances. Planning Manager Griggs informed the commission that there
is additional research in Chapter 3 of the UDC. Commissioner Henrichs asked what is the
maximum lot size for low density residential zone? Planning Manager Griggs stated that the UDC
works off minimums and the minimum lot size for low density residential is 8,800 square feet.
Commissioner Henrichs asked what is the City of Pearland planned land use for this property?
Planning Manager Griggs stated that is designated for low density residential. Vice Chairperson
Fuertes stated that if it weren't for ministerial duties that he wouldn't have voted in favor for this
replat because he feels that it doesn't match the neighborhood. Chairperson Cade, Vice
Chairperson Fuertes, and Commissioners Dansby, Wicker, Boswell all agreed with the sentiment.
Chairperson Cade asked Deputy City Attorney Provins if this case will go to City Council for
review. Deputy City Attorney Provins stated that no it will not, the P&Z Commission is the only
vote.
No further discussion from Staff, P&Z Commission or Public input.
P&Z Regular Meeting Minutes
September 21, 2020
Page 8 of 9
Chairperson Cade read into the record the items on Consideration and Possible Action — Replat
Longwood Park Section 1 Replat of Lot 5, Block 7. PLAT 20-00092. Commissioner Dansby made
a motion to approve, Commissioner Boswell seconded the motion.
Motion passed 6-0
DISCUSSION ITEMS
1. PEDC President Matt Buchanan presented the Broadway Corridor Development Plan to
the P&Z Commission.
2. Update on previously discussed topic: Variance To Create Irregular Shaped Lots VARP
20-00012 - Property located at 2809 Green Tee Drive. Planning Manager Griggs stated
that the variance was tabled for 90 days, but the applicant withdrew the application earlier
in the month. The applicant is working with other entities now and will probably come back
in the future.
3. APA Virtual Cross-Chapter Collaborative 2020-Vice Chairperson Fuertes will not be able
to attend. Chairperson Cade, Commissioner Dansby and Commissioner Henrichs are
interested in attending.
4. Commissioners Activity Report— Nothing to report.
5. Next P&Z Regular Meeting —October 5, 2020
ADJOURNMENT
Chairperson Cade adjourned the P&Z Regular meeting at 8:51 P.M.
These minutes were respectfully submitted by:
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Minutes approved as submitted and/or corrected on this 5th day of October 2020, A.D.
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Layni ( •e, tanning & Zon Chairperson
P&Z Regular Meeting Minutes
September 21, 2020
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