2022-02-07 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING VIA IN -PERSON OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS MONDAY FEBRUARY 7, 2022, 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 6:32 P.M.
In attendance were:
P&Z Chairperson Henry Fuertes
P&Z Vice Chairperson Brandon Dansby
P&Z Commissioner Ashlee Boswell
P&Z Commissioner Andrew Earles
P&Z Commissioner Jennifer Henrichs
P&Z Commissioner Derrell Isenberg
P&Z Commissioner Rishabh Jain
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz
Pourazizian, Planning Manager Martin Griggs, Senior Planner Mohamed Bireima, Senior Planner
Florence Buaku, Planner I Samin Bazargan, Planner I Patrick Bauer and Administrative Assistant
Shelby Lowe.
Chairperson Fuertes introduced Commissioner Rishabh Jain to the Planning and Zoning
Commission.
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 — EXCUSED ABSENCES
Excuse the absences of P&Z Commissioners Andrew Earles, Jennifer Henrichs and Derrell
Isenberg from the January 3, 2022 P&Z Regular Meeting.
CONSIDERATION & POSSIBLE ACTION — APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from January 3, 2022.
CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00082: PRELIMINARY PLAT OF
MASSEY OAKS HARKEY ROAD STREET DEDICATION
A request of Andrew Lang, of BGE, the applicant; on behalf of Massey Oaks Development, LP,
owner; for approval of the Preliminary Plat of Massey Oaks Harkey Road Street Dedication
Section 1 dedicating a 100 foot wide section of street right of way with 3 reserves for Harkey Road
on ± 7 61 acres of land located south of Old Massey Ranch Road.
Legal Description: A subdivision of 7.61 acres of land located in the H. Stevens survey, A-593,
City of Pearland, Brazoria County, Texas.
General Location: Harkey Road from Old Massey Ranch Road south.
Chairperson Fuertes read into the record the items on the Consent Agenda. Vice Chairperson
Dansby made the motion to approve item A and B on the consent agenda, Commissioner Earles
seconded the motion.
Motion passed 7-0.
Chairperson Fuertes recused himself from the meeting.
ITEMS REMOVED FROM THE CONSENT AGENDA
Vice Chairperson Dansby read into the record the item C Consideration and Possible Action PLAT 21-00082: Preliminary Plat of Massey Oaks Harkey Road Street Dedication.
CONSIDERATION AND POSSIBLE ACTION — PLAT 21-00082: PRELIMINARY PLAT OF
MASSEY OAKS HARKEY ROAD STREET DEDICATION
A request of Andrew Lang, of BGE, the applicant; on behalf of Massey Oaks Development, LP,
owner; for approval of the Preliminary Plat of Massey Oaks Harkey Road Street Dedication
S ection 1 dedicating a 100 foot wide section of street right of way with 3 reserves for Harkey Road
on ± 7.61 acres of land located south of Old Massey Ranch Road.
Legal Description: A subdivision of 7.61 acres of land located in the H. Stevens survey, A-593,
City of Pearland, Brazoria County, Texas.
General Location: Harkey Road from Old Massey Ranch Road south.
N o further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Dansby read into the record the items on Consideration and Possible Action PLAT 21-00082: Preliminary Plat of Massey Oaks Harkey Road Street Dedication. Commissioner
Isenberg made the motion to approve, Commissioner Jain seconded the motion.
Motion passed 6-0.
Chairperson Fuertes rejoined the meeting.
N EW BUSINESS
Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone
Change Application: ZONE 21-00022.
CONSIDERATION AND POSSIBLE ACTION — ZONE CHANGE APPLICATION: ZONE 21-
00022
Public Hearing: A request by Navam R. Sivaruban The One P.E. Group LLC, applicant, on
behalf of Mamun Hussein, Amana Group, owner, for approval of a zone change from the
S uburban Residential-15 (SR-15) District to the Light Industrial (M-1) District, on approximately
2.00 acres of land; to wit:
Legal Description: 2.00 acres of land being that certain parcel of land out of Tract 51-A of a
subdivision of the H.T. & B.R.R. Company Survey, Section 25, Abstract No. 245, Brazoria County,
Texas.
General Location: Southwest Quadrant of McLean Road and Bailey Road.
P lanner I Bazargan presented the staff report with exhibits. Planner I Bazargan informed the P&Z
Commission that there were 3 public comments submitted in opposition of the zone change, and
2 phone calls received in opposition of this zone change. Planner I Bazargan stated that the zone
change does not conform to the criteria of the UDC and that Staff does not recommend approval.
Applicant, Navam Sivaruban with The One P.E. Group LLC at 16624 McLean Road, Pearland,
Texas 77584, was in attendance in -person in Council Chambers to present to the P&Z
Commission. Mr. Sivaruban stated that he originally applied for a GB zone change, not M-1 but
changed due the potential UDC amendment for his intended development, mini-warehouse/self-
storage. He stated that the property is currently zoned residential and cannot be developed into
a residence. He stated that he would be ok with a less intense zoning designation.
Chairperson Fuertes called for public input.
Resident, Leticia Cantu at 1115 Chelsea Lane, Pearland Texas 77581, stated that she is
opposed to this proposed zone change. Ms. Cantu stated that her family bought property adjacent
to this property 40 years ago She informed the P&Z Commission that her family's property always
floods and that the residents there do not want more traffic or facilities near their residential
property. She asked the P&Z Commission to not change the zoning and to consider the lives that
may be affected by this zone change.
Commissioner Boswell asked staff about the process of the applicant seeking a GB zone change
and not M-1 as advertised. Deputy City Attorney Provins stated that the P&Z Commission can
recommend a less intense zoning and the GB zoning district is a less intense zoning district than
W. He included that City Council will review the zone request as presented and advertised but
will take the P&Z Commission's recommendation into consideration. Commissioner Boswell
asked what zoning district a storage facility is allowed to be developed in currently. Planning
Manager Griggs answered that the City Council is currently in the process of approving the
ordinance for the UDC amendments that the P&Z Commission discussed and recommended, but
the ordinance is not yet finalized and approved. Deputy City Attorney Provins clarified that City
Council discussed self -storage not being allowed in GB or M-1, but only the M-2 zoning during
the first reading of the ordinance. Commissioner Boswell asked staff if the P&Z Commission votes
o n a zone change today will this property be subject to following the updated UDC amendments
o r will the applicant be able to proceed with development and follow previous zoning regulations.
S enior Planner Bireima clarified that the applicant first came to staff for a GB zone change and
currently self -storage is allowed in GB with a CUP. Staff advised the applicant to postpone the
zone change process until the ordinance was approved by City Council Senior Planner Bireima
stated that the applicant wished to proceed with the zone change process despite staffs advice.
P lanning Manager Griggs clarified that City Council addressed an amendment to the proposed
changes, that self -storage would continue to be allowed with a CUP in OT-GB, GB, GC M-1 and
M-2 zoning districts. Chairperson Fuertes asked staff when the second/final reading of the
ordinance would be. Planning Manager Griggs answered next week at the City Council meeting
o n February 14, 2022. Commissioner Henrichs stated that the property is in the flood way. She
asked the applicant where they are planning to place the flood mitigation and detention pond on
the property and not impact their neighbors. Mr. Sivaruban stated that his engineers were able to
fit the detention pond on the back part of the property and stated that floodway concerns would
double if a residential development was developed on this property He also mentioned that there
is already a self -storage facility near this area. Commissioner Henrichs asked what would be
located on the property and asked to see a more detailed site plan. Mr. Sivaruban stated that the
floodway concerns would be addressed later in the development process. Senior Planner Bireima
stated that the applicant would have to come before the P&Z Commission again for a CUP
application and would have to provide a more detailed site plan during the permitting process.
Vice Chairperson Dansby stated that this area is a mixture of uses and zones since it was
previously ETJ and that he does appreciate the residents showing up and voicing their concerns.
He did express that biggest concern is flooding and that he would like for the applicants to lessen
any negative impacts that the neighbors might experience. Commissioner Earles agrees with Vice
Chairperson Dansby and asked the applicant why this property cannot not be developed as
residential. Mr. Sivaruban replied that financially it would not be possible to develop this tract as
residential and stated that his team will work with the current neighbors to be better neighbors to
them. He stated that leaving the land as is helps no one and he would like to make this better for
all parties involved. Deputy City Attorney Provins reminded the P&Z Commission the focus of
tonight's public hearing is the current zone change request. Commissioner Boswell stated that
she would like to table this item and that she does sympathies with the residents that are voicing
their opinions and concerns, but the P&Z Commission cannot decide without knowing City Council
decision regarding the update to the UDC. Chairperson Fuertes stated that with zone changes
that the P&Z Commission is "voting the dirt" and that if he had to vote tonight that he would not
be in favor based on the issues discussed He stated that the P&Z Commission should wait for
City Council to decide on the UDC Amendments. Mr. Sivaruban stated that along Bailey Road
there a residential homes and commercial developments and discussed how to make that work
for both parties He said that they are aware of the nearby residents and that he will not be able
to permit this business without addressing the current issues.
N o further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone
Change Application: ZONE 21-00022. Vice Chairperson Dansby made the motion to approve,
Commissioner Henrichs seconded the motion.
Commissioner Boswell made the motion to table Zone Change Application• ZONE 21-00022,
Commissioner Isenberg seconded the motion.
Motion passed 5-2.
Chairperson Fuertes read into the record the items on Commission Input and Discussion Conditional Use Permit Application: CUP 22-00001.
COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP
22-00001
P ublic Hearing A request by Candice McGuire, applicant, on behalf of Julian Davis III,
representing Fellowship of Believers Baptist Church, owner, for approval of a Conditional Use
Permit (CUP) for the expansion of a church on approximately 3.00 acres of land within the
N eighborhood Service (NS) District, to wit:
Shelby Lowe, Adm
Legal Description: A subdivision of 3.0000 acres situated in the H.T.B.R.R. Co. Survey, Abstract
N o. 240, City of Pearland, Brazoria County Texas.
General Location: 2834 Wagon Trail Road, Pearland, Texas.
P lanner I Bauer presented the staff report with exhibits. Planner I Bauer informed the P&Z
Commission that this CUP does conform to the UDC. Staff does recommend approval
P roperty Owner Representative, Joshua Calip with Fellowship of Believers Baptist Church at 2834
Wagon Trail Road, Pearland, Texas 77584, was in attendance in -person in Council Chambers to
answer any questions for 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 stated that everything looks good in the presentation and had no further
comments. Commissioner Henrichs stated that the site looked good for a church and has no issue
with this CUP. Commissioner Earles stated that he has no issue. Commissioner Boswell stated
that she is in favor with this CUP. Commissioner Jain stated that the site meets detention and has
no issue with the site Commissioner Isenberg stated that he has no issue. Chairperson Fuertes
stated that he is one hundred percent in favor of this CUP.
All seven P&Z Commissioners stated that they would be in favor of this CUP.
N o further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. Commissioners Activity Report — Chairperson Fuertes discussed the Spectrum District,
residential nodes and building that are vacant on Highway 35 and FM 518.
2. Next P&Z Regular Meeting: February 21, 2022
ADJOURNMENT
Chairperson Fuertes adjourned the P&Z Regular meeting at 7:37 P.M.
These minutes were respectfully submitted by:
. ..,
1 1.1 Ai ,,gost,i,
7
trative Assistant
Minutes approved as submitted and/or corrected on this 21 st day of February 2022, A.D.
Henry Fuertes, Planning & Zoning Chairperson