2021-11-01 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA IN-PERSON OF THE PLANNING
AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY,
NOVEMBER 1, 2021, AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519
LIBERTY DR.
CALL TO ORDER
Chairperson Henry Fuertes opened the meeting for the P&Z Regular Meeting at
6:33 P.M.
In attendance were:
P&Z Chairperson Henry Fuertes
P&Z Vice Chairperson Brandon Dansby
P&Z Commissioner Ashlee Boswell
P&Z Commissioner Layni Cade
P&Z Commissioner Andrew Earles
P&Z Commissioner Jennifer Henrichs
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer
Parviz Pourazizian, Planning Manager Martin Griggs, Senior Planner Mohamed
Bireima, Planner I Patrick Bauer and Office Assistant Shelby Lowe.
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 & POSSIBLE ACTION —APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from October 18, 2021.
CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00066: PRELIMINARY
PLAT OF SHADOW CREEK BROADWAY CORNER PARTIAL REPLAT NO. 1
A request by Jennifer Curtis, META Planning and Design LLC, on behalf of A-S 143
Ranch LP, owner: to approve the Preliminary Plat of Shadow Creek Broadway
Corner Partial Replat No. 1 creating 176 single family lots, 4 blocks, and 7 reserves
on 25.756 acres, described to wit:
Legal Description:
Partial replat of Shadow Creek Broadway Corner, being part of Lot 1 Block 1, as
recorded in Plat No. 20200267, F.B.C.M.R.
General Location:
Northeast corner of FM 521 and Broadway Street.
Chairperson Fuertes read into the record the Consent Agenda including approval of
the minutes and Consideration and Possible Action — PLAT 21-00066: Preliminary
Plat of Shadow Creek Broadway Corner Partial Replat No. 1. Vice Chairperson
Dansby made the motion to approve, Commissioner Earles seconded the motion.
Motion passed 6-0.
NEW BUSINESS
Chairperson Fuertes read into the record the items on Consideration and Possible
Action — VARP 21-00012: Variance from Minimum Lot Area Requirements for the
SR-12 District.
CONSIDERATION AND POSSIBLE ACTION — VARP 21-00012: VARIANCE
FROM MINIMUM LOT AREA REQUIREMENTS FOR THE SR-12 DISTRICT
A request of Cathy Fontenot, Survey 1, Inc, applicant; on behalf of Jesus lniguez,
owner; for approval of a Variance Permitted in Section 2.6.1.1 (b) (1) of the Unified
Development Code, Ordinance No. 2000-T, from Section 2.4.2.4(c) to allow the
creation of a lot that is less than the minimum lot area requirement in the SR-12
District described to wit:
Legal Description:
A Subdivision of 0.7094 Acres (30,900 sf) in the HT&B RR Company Survey,
Section 14, A-509, Brazoria County, Texas.
General Location:
3818 Aubrell Drive (Southwest Corner of Cottonwood Street and Aubrell Drive).
Planning Manager Griggs presented the staff report with exhibits. Planning Manager
Griggs informed the commission that the plat variance does conform to the
requirements of the UDC. Staff recommended approval.
The applicant was not present to present to the P&Z Commission.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Vice Chairperson Dansby asked if any neighbors contacted staff. Planning Manager
Griggs stated no.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible
Action — VARP 21-00012: Variance from Minimum Lot Area Requirements for the
SR-12 District. Commissioner Cade made the motion to approve, Vice Chairperson
Dansby seconded the motion.
Motion passed 6-0.
Chairperson Fuertes recused himself from Consideration and Possible Action —
Zone Change Application: ZONE 21-00015.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action —Zone Change Application: ZONE 21-00015.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION:
ZONE 21-00015
A request by Andrew Lang, BGE, Inc, applicant, on behalf of William and Robert
Lew, owner, for approval of a zone change from the Residential Estate (R-E) District
to the Planned Development (PD) District, by incorporating additional 74.71 acres of
land into the Massey Oaks Planned Development District to accommodate a
proposed residential development, to wit:
Legal Description:
Tract "1": Being a tract of land containing 25.062 acres (1,091,727 square feet),
located within the H.T. & B.R.R. Co. Survey, Abstract-525, Brazoria County, Texas
and being a portion of a called 80.0-acre tract recorded in the name of Robert Lew
and William Lew in Brazoria County Clerk's File (B.C.C.F.) Number (No.) 82034242.
Tract "2": Being a tract of land containing 49.654 acres (2,162,942 square feet),
located within the H.T. & B.R.R. Co. Survey, Abstract-525, Brazoria County, Texas
and being a portion of a called 80.0-acre tract recorded in the name of Robert Lew
and William Lew in Brazoria County Clerk's File (B.C.C.F.) Number (No.) 82034242.
General Location:
Southeast Corner of Old Massey Ranch Road and Future Harkey Road.
Senior Planner Bireima presented the staff report with exhibits. Senior Planner
Bireima informed the commission that the requested zone change for planned
development mostly conform to the requirements of the UDC. Staff recommends
approval with two changes to the PD:
1. The single-family rental units visible from Old Massey Ranch Road or
Harkey Road shall adhere to the development standards of the exterior
elevation found within the original Massey Oak PD.
2. The developer/property owner shall submit a design plan for the second
phase for approval as an addendum to the PD to be approved through the
Master Plan process at the time of development of the second phase.
Applicant Representative, Alan Mueller with Gromax Development at 1925 Pearland
Parkway, Pearland, Texas 77581, was in attendance to present to the P&Z
Commission. He introduced Paul Grohman with Gromax Development, Ron Cobb
with Massey Oaks and Chris Patterson with BGE Engineering. Mr. Mueller stated
that they heard the comments from the P&Z Commission and City Council at the
joint workshop and have made the necessary changes to the PD proposal.
Applicant Representative, Chris Patterson with BGE Engineering at 10777
Westheimer Road, Suite 400 Houston, Texas 77042, was in attendance in-person in
Council Chambers to present to the P&Z Commission. Mr. Patterson stated that this
parcel is adjacent to the Massey Oaks Planned Development and will be an
addendum to the original Planned Development. He stated that he understands the
staff recommendations. Mr. Patterson said that this development will have nice
amenities, private streets and will be maintained by a private company. He
described the proposed development in detail and shared exhibits of similar
developments located in Texas and Arizona. Mr. Patterson did say they were
concerned with staff's masonry facade requirements due to this being a different
product than the homes for sale but will still reflect the master plan.
Vice Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
Deputy City Attorney Provins asked when the design plan will be presented. Mr.
Patterson answered during the Master Plat phase or before the R-4 portion was
developed. Deputy City Attorney Provins stated that in the UDC no PD can be
approved unless the design plan is approved. Mr. Mueller stated that the way they
read the recommendation is that the design plan would be approved during the
Master Platting process, which would be after the PD was approved. He said that
the design plan has not been created because the drainage plan has not begun, the
detention plan has not been laid out and they are still negotiating with the mineral
owners for the southern part of the property, but they have agreed to the R-4 base
zoning but have not come up with the lot layout. Deputy City Attorney Provins stated
that the ordnance might be contrary to their development process. Mr. Mueller
stated that they were not aware of this until this moment. Deputy City Attorney
Provins advised the P&Z Commission about the UDC section 2.2.2.5 and that the
design plan for the residential PD be provided for potential approval. Vice
Chairperson Dansby asked Deputy City Attorney Provins what the process would be
with this incomplete PD request. Deputy City Attorney Provins explained to the P&Z
Commissions options. Mr. Mueller added that the school was removed due from the
comments from the workshop and even though there is no design plan to be
presented the concept is in the text of R-4 zoning and the existing Massey Oaks
development agreement. Mr. Mueller stated that if the P&Z Commission wanted to
see a design plan that they could create a "bubble" plan to be presented to City
Council. Vice Chairperson Dansby asked if they could approve the sections
separately. Deputy City Attorney Provins stated the application is for the entire tract
of land, but they could incorporate one project and not the other into the PD, but it
may create just as many delays for the developers. Mr. Mueller stated that would
defeat the purpose of looking at this project wholistically and would be able to
prepare a concept plan prior to the final consideration by City Council.
Commissioner Boswell asked if the P&Z Commission recommend a conceptual site
plan would the Commission be complying to Section 2.2.2.5 in the UDC. Deputy City
Attorney Provins answered yes if it was completed by the time it went to the final
reading of the ordinance by City Council, but the P&Z Commission would not get a
chance to view it. Commissioner Boswell asked why this issue wasn't caught at the
Joint PD Workshop held in August. Deputy City Attorney Provins stated that it may
have been miscommunication between staff and the land developer. Commissioner
Boswell stated that she would vote for this zone change with the condition that the
developer provides a conceptual design plan prior to approval. Mr. Mueller stated
that they are not in agreement to staff's first recommended change regarding the
exterior elevation facing Old Massey Oaks Road or Harkey Road because they want
to create a "price sensitive product". Vice Chairperson Dansby agreed that the rental
prices may no longer work for the market they are trying to appeal to. Mr. Mueller
agreed with that statement and stated that the building materials will be factored into
the rental structure. Commissioner Boswell asked staff what the thought process on
this condition was. Planning Manager Griggs answered that staffs thought process
is that the Massey Oaks original and amended development plan for the residential
structures for sale has a rear façade requirement for masonry components at 100
percent of the first floor and 75 percent of the second floor and staff is only asking
for the first row of residential units along Old Massey Ranch Road and any visible
along Harkey Road to maintain the similar look and feel that will be in the original
Massey Oaks design. Commissioner Cade asked if this is a common request.
Deputy City Attorney Provins stated no, but that it used to be a common request
especially in PDs, since the second most recent legislative session that the material
request has been more limited. Deputy City Attorney Provins stated that it can still
be negotiated with the approval of a PD. Commissioner Cade stated that she thinks
it would look better if they all looked the same. Mr. Mueller agreed and stated that
the development team would like to keep all the products consistent behind the gate
and fencing. Mr. Grohman reminded the P&Z Commission that the residence would
be privately maintained and would like to remain price sensitive and have quality
amenities. Vice Chairperson Dansby asked if the PD lends itself to uniformity. Senior
Planner Bireima stated that the development would be consistent with the Massey
Oaks PD development. Vice Chairperson Dansby asked if the consistency came up
in the previous Joint PD Workshop. Planning Manager Griggs stated that staff has
had similar discussions with the applicant. Commissioner Henrichs asked about
similar products and example photos and images. Commissioner Earles stated that
he agrees and appreciates staff's recommendation to the façade along Old Massey
Ranch Road but also agrees that all the residences do not need to look the same
and that he does like the proposed zone change. Commissioner Boswell stated that
she is conflicted because she would advocate for uniformity and if the P&Z
Commission is willing to overlook the façade for this development than she thinks
that it would have to be the same for future developments, so she is leaning towards
both conditions needing to be met. Mr. Grohman stated that the Massey Oaks
development team is trying to create a master community in an area that does not
favor master plans and with master plans not all the façades must be the same.
No further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action — Zone Change Application: ZONE 21-00015. Commissioner Cade
made the motion to approve, Commissioner Henrichs seconded the motion.
Commissioner Cade made the motion to amend the item with the condition that the
developer/property owner shall submit a design plan for the second phase for
approval prior to the second reading before City Council, Commissioner Earles
seconded the motion.
Motion passed 5-0.
Commissioner Boswell made the motion to amend the item with the condition that
the single-family rental units visible from Old Massey Ranch Road or Harkey Road
shall adhere to the development standards of the exterior elevation found within the
original Massey Oak PD, Commissioner Earles seconded the motion.
Motion failed 2-3.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action — Zone Change Application: ZONE 21-00015 amended with staff
recommendation number two.
Motion passed 5'0.
DISCUSSION ITEMS
�. Commissioners Activity Repod— Cornnnioaionor Boswell reminded the P&Z
Commission about the upcoming Joint Workshop OD November 10m' 2U21.
She also talked about the PmodeDd2O40vYnbSi[e for the upcoming
Comprehensive Plan.
2. Next P&Z Regular Meeting — November 15, 2O21.
ADJOURNMENT
Chairperson FUerteS adjourned the P&Z RoQU|or [nmmtiOg at 7:54 P.M.
These OOiDUteS were respectfully submitted by:
Shelby �ovve. Office Assistant
Minutes approved as submitted and/or corrected on this 15Lh day of November
2021. A.D.
Henry FUHrteS' P|8DDiDg & Zoning Chairperson