2022-03-21 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, MARCH 21, 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 6:35 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 Patrick Bauer and Administrative 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 — EXCUSED ABSENCES
Excuse the absence of Commissioner Jennifer Henrichs from the March 7, 2022 Meeting.
CONSIDERATION & POSSIBLE ACTION — PLAT 22-19: PRELIMINARY PLAT OF SUDAN
VILLAS
A request by Advance Surveying Inc, the applicant; on behalf of Ahmed Elsayem, owner; for
approval of the Preliminary Plat of Sudan Villas creating 6 single family lots, 2 reserves, and 1
block on ± 3 07 acres of land located north of Hawk Road.
Legal Description: Being a Portion of Lot 18 of Allison Richey Gulf Coast Home Company's
Suburban Gardens Subdivision of Section 20, Recorded in Volume 2 Pages 23 and 24 of the Plat
Records of Brazoria County Situated in the H.T B.R.R Co Survey Abstract No. 506, Brazoria
County, Texas.
General Location: 8933 Hawk Road, Pearland.
Chairperson Fuertes read into the record the items on the Consent Agenda. Chairperson Fuertes
requested that Consideration & Possible Action — PLAT 22-19: Preliminary Plat of Sudan Villas
be pulled from the Consent Agenda for discussion and only vote on Consideration & Possible
Action — Excused Absences Vice Chairperson Dansby made the motion to approve,
Commissioner Earles seconded the motion.
Motion passed 7-0.
ITEMS REMOVED FROM THE CONSENT AGENDA
Chairperson Fuertes read into the record the items on Consideration and Possible Action — PLAT
22-19: Preliminary Plat of Sudan Villas
CONSIDERATION & POSSIBLE ACTION — PLAT 22-19: PRELIMINARY PLAT OF SUDAN
✓ ILLAS
P ublic Hearing: A request by Advance Surveying Inc, the applicant; on behalf of Ahmed
Elsayem, owner; for approval of the Preliminary Plat of Sudan Villas creating 6 single family lots
2 reserves, and 1 block on ± 3.07 acres of land located north of Hawk Road.
Legal Description: Being a Portion of Lot 18 of Allison Richey Gulf Coast Home Company's
S uburban Gardens Subdivision of Section 20, Recorded in Volume 2 Pages 23 and 24 of the Plat
Records of Brazoria County Situated in the H.T B.R.R Co Survey Abstract No. 506, Brazoria
County, Texas.
General Location: 8933 Hawk Road, Pearland.
S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
the preliminary plat does conform to the criteria of the UDC, and that Staff does recommend
approval.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Chairperson Fuertes and Planning Manager Griggs discussed the plat details.
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 — PLAT
22-19: Preliminary Plat of Sudan Villas. Vice Chairperson Dansby made the motion to approve,
Commissioner Isenberg seconded the motion.
Motion passed 7-0.
N EW BUSINESS
Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP
22-01: Variance from 3:1 Maximum Lot Depth to Lot Width Ratio.
CONSIDERATION AND POSSIBLE ACTION - VARP 22-01: VARIANCE FROM 3:1 MAXIMUM
LOT DEPTH TO LOT WIDTH RATIO
Public Hearing: A request by Fulcrum Consulting Services, applicant on behalf of Chad and
Toni Goodgine, 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 3.2.14.2 to allow the creation of a lot
that exceeds the Maximum 3:1 Lot Depth to Lot Width Ratio, described to wit
Legal Description: Being a 2 754-acre tract of land out of Lots 33 and 34 of the Allison -Richey
Gulf Coast Home Company Subdivision of Section 19, H.T and B.R.R Company Survey, Abstract
N o 234, As recorded in volume 2, Pages 23 and 24, Records in Brazoria County, Texas.
General Location: 8034 McHard Road, Pearland.
S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
the plat variance does conform to the criteria of the UDC, and that Staff does recommend
approval.
Applicant Representative, Kevin Scott with Arm Quality Construction at 13610 Poplar Circle,
Conroe, Texas 77304, 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.
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 — VARP
22-01: Variance from 3.1 Maximum Lot Depth to Lot Width Ratio. Commissioner Isenberg made
the motion to approve, Commissioner Boswell seconded the motion.
Motion passed 7-0.
Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP
22-04: Variance from the Maximum 3:1 Lot Depth to Lot Width Ratio.
CONSIDERATION AND POSSIBLE ACTION - VARP 22-04: VARIANCE FROM THE
MAXIMUM 3:1 LOT DEPTH TO LOT WIDTH RATIO
P ublic Hearing: A request by RSG Engineering, applicant; on behalf of DN 18 Rivers LLC, 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 3.2.14.2 to allow the creation of a lot that exceeds the
Maximum 3.1 Lot Depth to Lot Width Ratio, described to wit:
Legal Description: A subdivision of 9.569 Acres (416,853 square feet) of Land, Being the North
Half of Block 43, Section No. 2 of the H.T and B.R.R CO. Survey, Certificate 361, Abstract No.
542, Save and Except a 0.1091 Acre Tract conveyed to the State of Texas per B.C.C.F No.
2005023018 Brazoria County Texas.
General Location: 1613 N Main Street, Pearland.
S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
the plat variance does conform to the criteria of the UDC, and that Staff does recommend
approval.
The applicant was not in attendance.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
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 — VARP
22-04: Variance from the Maximum 3:1 Lot Depth to Lot Width Ratio. Commissioner Boswell
made the motion to approve, Commissioner Earles seconded the motion.
Motion passed 7-0.
Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone
Change Application: ZONE 22-02.
CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION ZONE 22-02
P ublic Hearing: A request by Renee McGuire, applicant, on behalf of Forgotten Angels
Foundation, owner, for approval of a zone change from the Light Industrial (M-1) District, Planned
Development (PD) and Single -Family Residiential-4 (R-4) District to the General Business (GB)
District on approximately 7.06 acres of land; to wit:
Legal Description: Lot 1, Block 1, Forgotten Angels, a subdivision of 7.06 acres of land in the
City of Pearland Texas, according to the Plat recorded in County Clerk's File No. 2012045168 in
the Plats Records of Brazoria County, Texas.
General Location: 3309 Industrial Drive, Pearland, TX.
S enior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated
that the zone change does mostly conform to the criteria of the UDC. Staff does recommend
approval of GB zoning.
Applicant, Renee McGuire at 3916 Quail Run Drive, Pearland, Texas 77584 was in attendance
in person in Council Chambers to present to the P&Z Commission. Ms. McGuire described the
plans for the property and expanding the Forgotten Angels Foundation.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Henrichs thanked Ms. McGuire and the Forgotten Angels Foundation for how they
continually serve the Pearland community.
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 22-02. Commissioner Henrichs made the motion to approve, Vice
Chairperson Dansby seconded the motion.
Motion passed 7-0.
Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone
Change Application: ZONE 22-03.
CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION ZONE 22-03
Public Hearing: A request by William Wiatrak, applicant on behalf of Barbara Young, owner, for
approval of a zone change from the Light Industrial (M-1) District to the General Business (GB)
District, on approximately 0.2870 acres of land; to wit
Legal Description: Lot 15 and Lot 16, Block 2, Air Port Sites Addition, an addition to the City of
Pearland, Brazoria County, Texas, according to the Map or Plat recorded in Volume 5, Page 57
o f the Plats Records of Brazoria County, Texas.
General Location: 3909 Second Street, Pearland, TX.
Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated
that the zone change does mostly conform to the criteria of the UDC. Staff does recommend
approval of the requested GB designation because it is a less intense zoning district than M-1.
Applicant, William Wiatrak at 3909 2nd Street, Pearland, Texas 77581, was in attendance in -
person in Council Chambers to present to the P&Z Commission. Mr. Wiatrak spoke about what
type of events that would be held at the existing building on the property.
Chairperson Fuertes called for public input.
Resident, Pat Hill at 2710 Green Tee Drive, Pearland, Texas 77581, stated that she is opposed
to this zone change due to the applicant's property located at 2219 Verona Drive, Pearland, Texas
77581.
Resident, Paul Eskine at 2519 Park Avenue Pearland, Texas 77581, stated that he is opposed
to this zone change due to the applicant's property located at 2219 Verona Drive, Pearland, Texas
77581.
Resident, Joseph Koza at 2910 South Main Street, Pearland, Texas 77581, stated that he is
o pposed to this zone change due to this proposed business being located near his business and
the parking issues that there might be. He also stated that he does not want this property to be
like the applicant's property at 2219 Verona Drive, Pearland, Texas 77581.
Resident, Sarah Murphy at 2802 South Galveston Avenue, Pearland, Texas 77581, stated that
she is opposed to this zone change because of the uses that may happen at this business and
the traffic and potential crime that this business may bring to the area.
Resident, Ralph King at 2805 South Galveston Avenue, Pearland, Texas 77581, stated that he is
o pposed to this zone change due to parking and the potential trouble that this business may bring
to the area.
Resident and Baker's Landing HOA President, Donna Smith at 2705 South Galveston Avenue,
Pearland, Texas 77581, stated that she is opposed to this zone change neighborhood traffic and
potential crime that this business may bring to the area.
Resident, Kevin Fuller at 2809 Merlin Lane, Pearland, Texas 77581, stated that he is opposed to
this zone change due to the applicant proposing an undesirable use and the parking.
Resident, Marcos Moreno at 3916 2nd Street, Pearland, Texas 77581, stated that he is opposed
to this zone change due to 2' Street is currently a small and quiet residential street. He also
stated that he agrees with the other residents.
Resident and Baker's Landing HOA Secretary/Treasurer, Leah Garza at 3709 Lockhead Street,
Pearland, Texas 77581 stated that she is opposed to this change due to the potential increase
of traffic, crime, intoxicated drivers and drug use.
Resident, Jose Guillen at 3909 3rd Street, Pearland, Texas 77581, stated that he is opposed to
this zone change due to him growing up on 2nd street and wanting to keep the area residential.
Commissioner Boswell stated that she appreciates everyone coming out to voice their opinions
to the P&Z Commission and that she is concerned with the activities that may happen at this
business. Deputy City Attorney Provins reminded the P&Z Commission to focus on the application
and not the applicant Mr. Wiatrak explained more about the building and the uses that will be
conducted on the property Commissioner Earles asked what the occupancy of the building is.
Mr. Wiatrak stated 50 people and that he plans on offering offsite parking or promoting the use of
a transportation business Chairperson Fuertes and Planning Manager Griggs spoke about the
recreational center uses. Chairperson Furtes explained that the P&Z Commission is supposed to
vote the dirt, but City Council may have a different perspective than the P&Z Commission may
have at the April 11 th City Council Meeting. Commissioner Isenberg stated that he will take all the
Pearland residents' thoughts into consideration The P&Z Commission spokes about concerns
with the site and how the City of Pearland does not maintain conditional zoning. Chairperson
Fuertes spoke about spot zoning and how that may pertain to this site.
No 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 22-03. Commissioner Boswell made the motion to approve,
Commissioner Jain seconded the motion.
Motion failed 0-7.
Chairperson Fuertes read into the record the items on Consideration and Possible Action — Zone
Change Application: ZONE 22-04.
CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION• ZONE 22-04
Public Hearing: A request by Ian Weiland, Morris and Associates, applicant, on behalf of Scharff
Group LLC owner, for approval of a zone change from the Single -Family Residential-1 (R-1)
District to the Townhome Residential District (TH) District, on approximately 9.45 acres of land
to wit:
Legal Description: Being a 9.4541-acre tract of land out of the W.D.C. Hall League Survey,
Abstract No 70, Brazona County, Texas, and being a portion of Lot 24 of George W. Jenkins
Subdivision as recorded in Volume 76, Page 616 of the Deed Records of Brazoria County, Texas.
General Location: 2810 Dixie Farm Road, Pearland, TX.
Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated
that the zone change does mostly conform to the criteria of the UDC. Staff is unable to recommend
approval of this proposed zone change, but staff would support the approval of a lower -density
residential district.
Applicant Representative, Ty Turner with Morris and Associates at 14139 Huffmeister Road,
Cypress, Texas 77429, was in attendance in -person in Council Chambers to present to the P&Z
Commission. Mr. Turner stated that they have been working City Staff and would like to develop
townhomes in Pearland due to City Council expressing that they are interested in them being
developed in the City of Pearland.
Chairperson Fuertes called for public input.
Resident, Gary Shrum at 1308 Silver Maple Lane, Pearland, Texas 77581, stated that he is
o pposed to this zone change due to current issues with traffic on Dixie Farm Road.
Resident, Layni Cade at 1901 Meadow Creek Drive, Pearland, Texas 77581, stated that she is
o pposed to this zone change due current issues with traffic on Dixie Farm Road, fear of flooding
increasing, and that the property is a watershed.
Resident, Terry Feist at 1609 Cypress Hollow Street, Pearland, Texas 77581, stated that he is
o pposed to this zone change due to traffic, flooding and increased crime.
Resident, Denna Dick at 1612 Cypress Hollow Street, Pearland, Texas 77581 stated that she is
o pposed to this zone change due to traffic, flooding and privacy. She stated that the townhome
o wners may be able to see into her backyard and/or house.
Resident, Mary Hooker at 1503 Sycamore Drive, Pearland, Texas 77581, stated that she is
o pposed to this zone change and agrees with Mr. Shrum. She stated that she is concerned about
her property losing value due to increased crime.
Resident, Alexandro Martinez at 1606 Cypress Hollow Street, Pearland, Texas 77581, stated that
he is opposed to this zone change due to traffic and privacy since his property is located next to
this parcel.
Resident, Richard Lowery at 2701 Crane Drive, Pearland, Texas 77581, stated that he is opposed
to this zone change due to traffic and flooding.
Resident, Rodney Allen at 1609 Rayburn Lane, Pearland, Texas 77581, stated that he is opposed
to this zone change due to traffic, flooding and that this is located near his property.
Resident, Don Graybill at 1615 Rayburn Lane, Pearland, Texas 77581, stated that he is opposed
to this zone change due to flooding
Resident, Juan Hidalgo at 1605 Rayburn Lane, Pearland, Texas 77581, stated that he is opposed
to this zone change due to traffic, flooding, privacy and he is also opposed to subsided housing.
Resident, Richard Maniet at 1610 Cypress Hollow Street, Pearland, Texas 77581, stated that he
is opposed to this zone change due to traffic privacy flooding and potential noise.
Resident, Sha Allen at 1609 Rayburn Lane, Pearland, Texas 77581, stated that she is opposed
to this zone change due to traffic, flooding or crime.
Commissioner Isenberg stated that he is has the same concerns as the citizens. Commissioner
Jain encouraged the Pearland citizens to attend the City Council meeting to voice their opinions
there as well Commissioner Jain stated that he is in favor of this proposed zone change.
Commissioner Henrichs, Assistant City Engineer Pourazizian and Mr. Turner discussed specific
site plans and TIA requirements. Chairperson Fuertes stated that this is a difficult site to develop
and that he does not think that townhomes are what should be developed here. Vice Chairperson
Dansby reminded citizens that if the townhomes do not get developed that something will be
developed there. Commissioner Isenberg and Planning Manager Griggs discussed housing
diversity.
No 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 22-03. Vice Chairperson Dansby made the motion to approve,
Commissioner Boswell seconded the motion.
Motion failed 1-6.
Chairperson Fuertes read into the record the items on Consideration and Possible Action — CUP
22-03: Conditional Use Permit for a Gasoline Station in GB.
CONSIDERATION AND POSSIBLE ACTION - CUP 22-03: CONDITIONAL USE PERMIT FOR
A GASOLINE STATION IN GB
Public Hearing: A request by Everest Design Group LLC., Represented by Sel Thint, applicant,
on behalf of Adam & Malik Developer LLC., owner, for approval of a Conditional Use Permit (CUP)
to allow for a Gasoline Station on approximately 2.0537 acres of land in the General Business
(GB) District, to wit:
Legal Description: Lot A, Block 1, Adam & Malik Developer, LLC Replat & Extension a
subdivision of 2.0537 acres of land in the City of Pearland, Texas, according to the Plat recorded
in County Clerk's File No. 2017033125 in the Plat Records of Brazoria County, Texas.
General Location: 3201 John Lizer Road, Pearland, Texas.
Planner I Bauer presented the staff report with exhibits and shared that staff received 65 public
comments in favor. Planner I Bauer stated that the conditional use permit does conform to the
criteria of the UDC Staff does recommend approval with this condition:
1. The exterior building facades shall be developed in substantial conformance with
materials as depicted in fagade renderings.
Applicant, Sel Thint with Everest Design Group LLC at 907 South Friendswood Drive, Suite 200,
Friendswood, Texas 77546, was in attendance in -person in Council Chambers to present to the
P&Z Commission. Mr. Thint stated that they will complete the TIA and the comply with the tree
mitigation requirement.
Chairperson Fuertes called for public input.
Resident, Layni Cade at 1901 Meadow Creek Drive, Pearland, Texas 77581, stated that she is
o pposed to this CUP due to many other gas stations being nearby and that it located near
Independence Park.
Property Owner, Adam Saadi at 1316 Jamison Pine Drive, Pearland, Texas 77581, was in
attendance in -person in Council Chambers to present to the P&Z Commission. Mr. Saadi
explained previous site history and explained the proposed site plan. He said he started a
campaign for this CUP application and got 65 people to be in favor of this development at this
location
Resident, Kris Sullivan at 2435 Berlinetta Drive, Pearland, Texas 77584, stated that he is in favor
o f this CUP due a gas station in this area would be good for the community and other Pearland
citizens would like this development in that location.
The P&Z Commission discussed the number of gas stations in the area. Vice Chairperson Dansby
stated that there are a total of 11 gas stations in a 2-mile radius. Commissioner Isenberg and
Planning Manager Griggs discussed the public comments received by staff and that most of the
comments came from similar IP addresses. Commissioner Isenberg stated that he does not want
a gas station on every corner but that City Council will be voting on this. Commissioner Boswell
is not in favor of this CUP due to too many being located within the same area. Commissioner
Hennchs stated that she is not for or against this CUP but would like to let the market decide.
Commissioner Jain would like to see something else go here with more value. Commissioner
Earles stated that he is not in favor of this CUP due to gas station sites are not easily converted
to a different use. Vice Chairperson Dansby stated that he would be in favor of this because it
does conform to the requirements for a CUP but doesn t enjoy a gas station being located on
every corner. Chairperson Fuertes stated that the shape of the lot will be a challenge but being
located next to Independence Park could be good or bad He stated that since none of the
n eighbors showed up to speak about this item that he is undecided.
No further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. Commissioners Activity Report — The P&Z Commission and Planning Manager Griggs
discussed the National Planning Association Conference. The P&Z Commission and
Assistant City Engineer Pourazizian spoke about a future presentation regarding
flooding and drainage.
2. Next P&Z Regular Meeting: April 4, 2022
ADJOURNMENT
Chairperson Fuertes adjourned the P&Z Regular meeting at 9:48 P.M.
These minutes were respectfully submitted by:
Shelby Lowe, A dinistrative Assistant
Minutes approved as submitted and/or corrected on this 4th day of April 2022, A.D
Henry Fuertes, Planning & Zoning Chairperson