2021-03-15 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,
MARCH 15, 2021 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 11:09 P.M.
In attendance were:
P&Z Chairperson Layni Cade
P&Z Vice Chairperson Henry Fuertes
P&Z Commissioner Ashlee Boswell
P&Z Commissioner Andrew B. Earles
P&Z Commissioner Derrell Isenberg
Also present were Deputy City Attorney Lawrence Provins, Planning Manger Martin Griggs,
Senior Planner Mohamed Bireima, 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.
NEW BUSINESS
Chairperson Cade read into the record the items on Proposed Text Amendment to the Unified
Development Code (UDC): 2000-T-34
CONSIDERATION AND POSSIBLE ACTION — Proposed Text Amendment to the Unified
Development Code (UDC): 2000-T-34
A request by the City of Pearland, for proposed amendments to the Unified Development Code,
Ordinance No. 2000T, to include the following:
1. Amendments to Chapter 2 (Section 2.2.2.1 (d)(1)) of the UDC, to decrease the minimum
area and contiguity requirements for establishing PD district for Residential or Mixed Use
within the Old Townsite Zoning Districts from the currently minimum requirement of five
(5) or three (3) acres of contiguous land area to one (1) acre of non-contiguous land.
2. Amendments to Chapter 1 (including Section 1.2.2.2. and 1.2.3.6) and Chapter 2
(including Section 2.2.1.3., 2.2.2.4., and 2.2.3.3.) of the UDC to change the current format
of the Joint Public Hearing and Joint Special Meeting to accommodate separate public
meetings or hearings for land use applications or plans by the Planning and Zoning
Commission and the City Council.
Planning Manager Griggs presented the staff report to the P&Z Commission. Planning Manager
Griggs informed the P&Z Commission that the contiguous nature of the amendment in reference
to the one acre would only be for the Old Townsite Zoning Districts. He mentioned that there are
not many acres lots in the Old Townsite, so there would be few Planned Development requests
in Old Townsite. Planning Manager Griggs referenced the second amendment and reminded the
P&Z Commission that they have discussed this amendment several times.
Vice Chairperson Fuertes asked if the P&Z Commission were voting on one amendment at a time
or both at the same time. Planning Manager Griggs stated that the P&Z Commission could choose
to vote on these items either way. Chairperson Cade wanted to clarify that the first amendment
was only for Old Townsite. Planning Manager Griggs confirmed that was correct. Chairperson
Cade stated that the P&Z Commission would vote on both items at the same time, due to the lack
of concern from commissioners.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Proposed Text Amendment to the Unified
Development Code (UDC): 2000-T-34. Commissioner Boswell made a motion to approve,
Commissioner Isenberg seconded the motion.
Motion passed 5-0
Vice Chairperson Fuertes recused himself from this upcoming item due to a conflict of interest.
Chairperson Cade read into the record the items on Consideration and Possible Action — Zone
Change Request: ZONE21-00001.
CONSIDERATION AND POSSIBLE ACTION —Zone Change Request: ZONE21-00001
A request by Alan Mueller, applicant, on behalf of Massey Oaks Development LP, owner, for
approval of a Planned Development Amendment to the Massey Oaks Planned Development
District, to accommodate modifications to the tree mitigation Credit and street tree planting
standards, on approximately 356.868 acres of land; to wit:
Legal Description: Tract (1): A tract of land containing 105.057 acres (4,576,272 square feet),
located within the H. Stevens Survey,Abstract 593 in Brazoria County, Texas; Said 105.057 acres
tract being a portion of a called 138.83-acre tract recorded in the name of Margurite Massey Smith
Charitable Remainder Trust U.A. in Brazoria County Clerk's File No. 2010013347. Tract (2): A
tract of land containing 33.298 acres (1,450,469 square feet), located within the H. Stevens
Survey, Abstract 593 in Brazoria County, Texas; Said 33.298-acre tract being a portion of a called
138.83-acre tract recorded in the name of Margurite Massey Smith Charitable Remainder Trust
U.A. in Brazoria County Clerk's File No. 2010013347. Tract (3): A tract of land containing 14.952
acres (651,290 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria
County, Texas; Said 14.952-acres tract being a portion of a called 5.00-acre tract recorded in the
name of Lois Winifrede Summers in Volume 1775, Page 250 of the Brazoria County Deeds
Records, all of a called 5.00-acre tract recorded in the name of William Stephen Summers and
wife, Lois Winifrede Summers in Volume 1318, Page 700 of the Brazoria County Deeds Records;
and a portion of a called 5.00-acre tract recorded in the name of Lois Winifrede Summers in
Volume 1775, Page 248 of the Brazoria County Deeds Records. Tract (4): A tract of land
containing 55.539 acres (2,419,282 square feet), located within the H. Stevens Survey, Abstract
593 in Brazoria County, Texas; Said 55.539-acres tract being all of a called 10.55-acre tract
recorded in the name of Lois Smith Summers in Brazoria County Clerk's File No. 2013052681,
and all of 45.00 acre tract recorded in the name of Lois Smith Summers in Brazoria County Clerk's
File No. 2013052682. Tract (5): A tract of land containing 3.159 acres (137,584 square feet),
located within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 3.159-acres
tract being a portion of a called 4.45-acre tract recorded in the name of Lois Smith Summers in
Brazoria County Clerk's File No. 2013052682. Tract (8A): A tract of land containing 72.279 acres
(3,148,490 square feet), located within the C.W. Groos Survey, Abstract 525 in Brazoria County,
Texas; Said 72.279-acres tract being a portion of a called 160-acre tract recorded in the name of
Richard Rogers in Volume 103, Page 371 of the Brazoria County Deeds Records. Tract (8B): A
tract of land containing 72.584 acres (3,161,737 square feet), located within the C.W. Groos
Survey, Abstract 525 in Brazoria County, Texas; Said 72.584-acres tract being a portion of a
called 160-acre tract recorded in the name of Richard Rogers in Volume 103, Page 371 of the
Brazoria County Deeds Records.
General Location: South side of McKeever Road (County Road 100), beginning approximately
2900 feet east of FM 1128, extending east to the southwest corner of the intersection of McKeever
and Harkey Roads, Pearland, TX.
Alan Mueller on behalf of Massey Oaks Development LP addressed the P&Z Commission. Mr.
Muller stated that from the discussion earlier in the evening that the biggest difference in city
staff's recommendation and the developer, Massey Oaks Development LP, is whether the trees
on private property should be considered for tree mitigation totals. He stated that Massey Oaks
Development LP has placed enough safeguards that the trees would be protected long-term. Mr.
Mueller was available to answer any questions.
Planning Manager Griggs stated that what Mr. Mueller said was correct and restated that staff
and the developer are coming together to create the best product out of existing conditions.
Planning Manager Griggs informed the P&Z Commission that staffs only concern is making sure
that those safeguards are in place to protect the trees and the commission could vote for the tree
mitigation to come from both common and private property or only common property within the
neighborhood. Planning Manager Griggs informed the commission that normally the private
property trees in a neighborhood would not count towards tree mitigation.
Commissioner Isenberg stated that he is excited for this development and discussed the history
of the property and development.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action — Replat
of Lots 11 & 12, Block 7, Hickory Creek Place. PLAT 21-00002. Commissioner Isenberg made a
motion to approve, Commissioner Boswell seconded the motion.
Motion passed 4-0
Vice Chairperson Fuertes rejoined the meeting.
DISCUSSION ITEMS
1. Commissioners Activity Report— Nothing to report.
2. Next P&Z Regular Meeting —April 5, 2021
ADJOURNMENT
Chairperson Cade adjourned the P&Z Regular meeting at 11:30 P.M.
These minutes were respectfully submitted by:
Shel y Lowe, Office Assistant
Minutes approved as submitted and/or corrected on this 5th day of April 2021, A.D.
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ayni Ca� -, Planning & Zoning Chairperson