2022-10-03 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, OCTOBER 3, 2022, AT 6:30
P.M., HELD IN THE COUNCIL CHAMBERS, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson Brandon Dansby opened the meeting for the P&Z Regular Meeting at 6:30 P.M.
In attendance were:
P&Z Chairperson Brandon Dansby
P&Z Vice Chairperson Henry Fuertes
P&Z Commissioner Ashlee Boswell
P&Z Commissioner Andrew Earles
P&Z Commissioner Jennifer Henrichs
P&Z Commissioner Angela McCathran
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz
Pourazizian, Community Development Assistant Director Martin Griggs, Senior Planner
Mohamed Bireima, Senior Planner Florence Buaku 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 ABSENCE
Excuse the absence of Commissioner Brandon Dansby from the September 19, 2022 Meeting.
CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from September 19, 2022.
Chairperson Dansby read into the record the items on the Consent Agenda. Commissioner Earles
made the motion to approve, Commissioner McCathran seconded the motion.
Motion passed 6-0.
NEW BUSINESS
Commissioner Henrichs recused herself.
Chairperson Dansby read into the record the items on Consideration and Possible Action —VARP
22-10: Variance to Allow a Cul-De-Sac that Exceeds the Maximum 600 Feet in Length.
CONSIDERATION AND POSSIBLE ACTION — VARP 22-10: VARIANCE TO ALLOW A CUL-
DE-SAC THAT EXCEEDS THE MAXIMUM 600 FEET IN LENGTH
Public Hearing: A request by Patrick Lane, LJA Engineering, the applicant; on behalf of Jack
Enterprises 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 3.2.6.4 to allow a cul-de-sac that
exceeds the maximum length of 600 feet permitted.
Legal Description: A Subdivision of 9.563 Acres of Land situated in the Warren D.C. Hall Survey,
Abstract 70, City of Pearland, Brazoria County, Texas.
General Location: 3404 Dixie Farm Road, Pearland.
Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
the plat variance does conform to the criteria of the UDC. Staff does recommend approval.
Applicant Representative, Rene Rodriguez with LJA Engineering at 3600 West Sam Houston
Parkway South, Houston, Texas 77450, was in attendance in-person in Council Chambers to
present to the P&Z Commission. He stated that the developer would like to maintain existing
green space and provided details of the proposed development.
Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Consideration and Possible Action —VARP
22-10: Variance to Allow a Cul-De-Sac that Exceeds the Maximum 600 Feet in Length. Vice
Chairperson Fuertes made the motion to approve, Commissioner McCathran seconded the
motion.
Motion passed 5-0.
Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT
22-80: Preliminary Plat of Whispering Oaks Section 1.
CONSIDERATION AND POSSIBLE ACTION — PLAT 22-80: PRELIMINARY PLAT OF
WHISPERING OAKS SECTION 1
Public Hearing: A request by Patrick Lane, LJA Engineering, applicant; on behalf of Jack
Enterprises LLC, owner; for approval of the Preliminary Plat of Whispering Oaks Section 1,
creating 11 single family lots, 2 reserves, and 1 block on ±9.563 acres of land located along Dixie
Farm Road.
Legal Description: A Subdivision of 9.563 Acres of Land situated in the Warren D.C. Hall Survey,
Abstract 70, City of Pearland, Brazoria County, Texas.
General Location: 3404 Dixie Farm Road, Pearland.
Senior Planner Buaku presented the staff report. Staff does recommend approval.
Applicant Representative, Rene Rodriguez with LJA Engineering at 3600 West Sam Houston
Parkway South, Houston, Texas 77450, was in attendance in-person in Council Chambers to
answer any questions for the P&Z Commission.
Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT
22-80: Preliminary Plat of Whispering Oaks Section 1. Commissioner Boswell made the motion
to approve, Vice Chairperson Fuertes seconded the motion.
Motion passed 5-0.
Commissioner Henrichs rejoined the meeting.
Chairperson Dansby read into the record the items on Consideration and Possible Action —VARP
22-08: Variance to Allow the Platting of a Lot that Exceeds the Maximum 3:1 Lot Depth to Lot
Width Ratio.
CONSIDERATION AND POSSIBLE ACTION — VARP 22-08: VARIANCE TO ALLOW THE
PLATTING OF A LOT THAT EXCEEDS THE MAXIMUM 3:1 LOT DEPTH TO LOT WIDTH
RATIO
Public Hearing: A request by Donna Eckels, Pro-Surv, applicant; on behalf of Tu V Dang and
Lan T Dang, owners; 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
exceeds the Maximum 3:1 Lot Depth to Lot Width Ratio, described to wit:
Legal Description: A subdivision of 2.6217 acres being 2 tracts, out of and being a part of lot 35,
of the Allison Richey Gulf Coast Home Company survey Suburban Gardens, section nineteen,
according to the map or plat, as recorded in volume 2, pages 23-24, and being situated in the H.
T. & B. R.R Company survey, Abstract 243.
General Location: 1815 Adamo Lane, Pearland.
Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
the plat variance does conform to the criteria of the UDC. Staff does recommend approval.
Applicant, Donna Eckels with Pro-Sury at P.O. Box 1366, Friendswood, Texas 77549, was in
attendance in-person in Council Chambers to answer any questions for the P&Z Commission.
Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
Vice Chairperson Fuertes suggested that a future UDC Amendment could grant the P&Z
Commission the ability to consider plat variances on the Consent Agenda. Assistant Director
Griggs, Chairperson Dansby and Vice Chairperson Fuertes briefly discussed the upcoming UDC
rewrite project.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Consideration and Possible Action —VARP
22-08: Variance to Allow the Platting of a Lot that Exceeds the Maximum 3:1 Lot Depth to Lot
Width Ratio. Vice Chairperson Fuertes made the motion to approve, Commissioner Henrichs
seconded the motion.
Motion passed 6-0.
Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone
Change Application: ZONE 22-23.
CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-23
Public Hearing: A request by Shiran Perera, applicant, on behalf of TechPro Estates, LLC,
owner, for approval of a zone change for approximately 15.80 acres of land from the
Garden/O'Day-Mixed Use (G/O-MU) District and Single-Family Residential-1 (R-1) District to
Single-Family Residential-3 (R-3) District, to wit:
Legal Description: A 15.80-acre (687,895 square feet) tract of land, being known as Lot 22 and
the called East 6 acres of Lot 9, of the Allison-Richey Gulf Coast Homes Company Subdivision of
Section 7, H.T. & B. R. R. Survey, Abstract No. 219, Brazoria County, Texas, according to the
recorded map or plat thereof in Volume 2, Page 23 of the Plat Records, Brazoria County, Texas.
General Location: Northwest Quadrant of O'Day Road and the new McHard Road.
Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated
that the proposed zone change does conforms to the criteria of the UDC. Staff does recommend
approval.
Applicant, Shiran Perera at 2201 Coral Cove Drive, Pearland, Texas 77584, was in attendance
in-person in Council Chambers to answer any questions for the P&Z Commission.
Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
Chairperson Dansby, Vice Chairperson Fuertes and Assistant Director Griggs discussed the
regulation differences between R-1, R-3 and G/O-MU zoning districts and the residential
neighborhood across the street. Assistant Director Griggs stated that R-3 and G/O-MU have the
same regulations for residential developments. Vice Chairperson Fuertes stated that the
Garden/O'day area has its own character, and he would be in favor of this zone change.
Chairperson Dansby and staff discussed the city's Throughfare Plan and what the roads near this
area are classified as.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone
Change Application: ZONE 22-23. Commissioner McCathran made the motion to approve,
Commissioner Boswell seconded the motion.
Motion passed 6-0.
Chairperson Dansby and Vice Chairperson Fuertes recused themselves.
Commissioner Boswell read into the record the items on Consideration and Possible Action —
Zone Change Application: ZONE 22-24.
CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-24
Public Hearing: A request by Alan Mueller, applicant, on behalf of Alimas Properties LTD and
TLR Investments LLC, owners, for approval of a zone change for approximately 16.18 acres of
land from Business Park-288 (BP-288) District to Planned Development (PD) District, to wit:
Legal Description: Parcel 1: Being a tract of land containing 13.091 acre, situated in the H.T. &
B.R.R. Co. Survey, Section 85, Abstract 304, Brazoria County, Texas, being part of Lots 4 and 5
in the Allison Richey Gulf Coast Home Company Subdivision, a subdivision recorded in Vo. 2,
Pages 107 and 108 of the Plat Records of Brazoria County, Texas. Parcel 2: 0.455 acre out of
the West 1/2 of Lot 5 of the Subdivision of Sec. 85, of the H.T. B.R.R. Survey, Abstract 304,
Brazoria County, according to the map of said subdivision recorded in Vol. 2, Page 101, of the
plat records of Brazoria County, Texas. Parcel 3: 0.455 acre out of the West 1/2 of Lot 5 of the
subdivision of Sec. 85, of the H.T. & B. R. R. Survey, Abstract 304, Brazoria County, according
to the map of said subdivision recorded in Vol. 2, Pg. 101 of the plat records of Brazoria County,
Texas. Parcel 4: A tract of land containing 1.0638 acre situated in the H.T. & B.R.R. Co. Survey,
Section 85, Abstract 304, Brazoria County, Texas. Parcel 5: A tract or parcel of land containing
0.78 acres of land, being out of Lot 5 of the Allison-Richey Gulf Coast Home Company Subdivision
of Section 85, H.T. & B.R.R. Co. Survey, Abstract 304, Brazoria County, Texas. Parcel 6: 1.00
acre of land, being a part of Lot 6 of the Allison Richey Gulf Coast Home Co. Subdivision, Part of
Suburban Gardens, Section 85, HT. & B.R.R. Co. Survey, Abstract No. 304, according to the Plat
recorded in Vo. 2, Pg. 107-108 of the Plat Records of Brazoria County, Texas.
General Location: East side of Smith Ranch Road, South of Smith Ranch 1 Road, and North of
Hickory Slough.
Assistant Director Griggs and Senior Planner Bireima presented the staff report with exhibits.
Senior Planner Bireima stated that the PD conforms to one criterion of the UDC to establish a PD
and meets 5 out of 7 criterions of the UDC to approve a PD. Senior Planner Bireima stated that
the proposed does not meet the city's Utility Plan and the PD is not specific about the amenities
they will provide. Assistant Director Griggs presented staffs concerns with the current PD listed
below:
The proposed PD contains very loose language regarding the multifamily unit mix, the number
and sizes of buildings within the out-parcels.
1. The 50%masonry along the north elevation of the multifamily building in lieu of 80%similar
to the west and south elevations and the inclusion of Fiber Cement Panels as a masonry
product in the masonry definition.
2. Staff is not favor of allowing restaurant with drive-in or drive-through within the BP District
tracts.
3. Staff is not favor of the proposed chain link fences around the detention pond and along
the frontage of the Future Wooten Road and the proposed wood fences along the north
boundary of the multifamily project.
4. As stated in the above criteria for approval, the PD contains very loose and vague
language regarding what amenities will be provided within the common areas of the
multifamily development.This language must be clarified so that quantity,type, and quality
of amenity are prescribed.
5. Staff is concerned about the proposed controlled access driveway along Smith Ranch #2
Road (Future Wooten Road)for not meeting the Engineering criteria for turnaround. Safe
access to the site and the elimination of future conflicts must be considered a priority in
site design.
Assistant Director Griggs stated that there are several concerns that staff would need P&Z
discussion on before staff can recommend full approval. Once these issues and the roadway,
water, and sewer utility are addressed then staff would be able to recommend full approval of the
requested PD.
Applicant, Alan Mueller with Gromax Development at 1925 Pearland Parkway, Suite 150,
Pearland, Texas 77581, was in attendance in-person in Council Chambers to present to the P&Z
Commission. He stated that they have added enhancements to the PD document since the
workshop in June. Mr. Mueller discussed the details of the property including the lack of utilities
in the area. He described the commercial sites and multi-family development and stated that this
PD development will be a catalyst for the area. Mr. Mueller presented existing similar Domain
projects and a list of amenities. He presented staff's concerns and the developer's responses to
staff's concerns. Mr. Mueller stated that him and his team wanted to show the P&Z Commission
and staff the quality and intent of this proposed PD.
Applicant Representative, John Cutrer with Citystreet Residential at 1300 Post Oak Boulevard,
Suite 1650, Houston, Texas 77056,was in attendance in-person in Council Chambers to present
to the P&Z Commission. He described Citystreet Residential and shared previous projects they
have developed. Mr. Cutrer described the details of the multi-family development associated with
the proposed PD.
Landowner, Massoud Motamedi at P.O. Box 891125, Houston, Texas 77289, was in attendance
in-person in Council Chambers to present to the P&Z Commission. He described the process of
acquiring the land and stated that he wants unique and high-quality product to be developed on
this land. Mr. Motamedi stated that he would not be interested in having a drive- through
restaurant tenant but may want a pharmacy with a drive-through to be developed in one of the
commercial sites. He stated that he does have tenants that are interested and eager to occupy
the commercial sites.
Commissioner Boswell called for public input.
Resident, Michael McKenney at 2433 Smith Ranch Road, Pearland, Texas 77584, stated that he
is in favor of the proposed PD. He stated that this development and road expansion will enhance
the area. Mr. McKenney thanked the applicant for funding utilities on their street and said it looks
like a great development.
Resident, Carl Gehring at 2401 Smith Ranch Road, Pearland, Texas 77584, stated that he is in
favor of the proposed PD. He discussed the area and the project. Mr. Gehring stated that this is
a good project.
Resident, Chris Mosley at 2626 South Brompton Drive, Pearland, Texas 77584, stated that he
had questions regarding the proposed PD. He asked if the area would remain commercial due to
him wanting to develop his land into a commercial use in the future.
Resident Representative, Barry Coleman at 217 Sebesta Road, Angleton, Texas 77515, stated
that he will be representing Nizam Meah who owns the property to the east at 10418 Smith Ranch
Road#2, Pearland, Texas 77584, and that they both have questions regarding the proposed PD.
He asked how this development would affect the landowner's agriculture activities and what safety
measures will the contractors abide by during construction. Mr. Coleman asked who would be
responsible for any property damage caused by construction. He asked about public utilities,
Smith Ranch Road 2 plans, detention fencing and asked about the barrier on the east side near
the landowner's property.
Resident, Nizam Meah at 3523 Coral Springs Drive, Manvel Texas 77578, was in attendance with
his representative, Barry Coleman.
Commissioner Henrichs and Mr. Cutrer discussed building materials. Mr. Cutrer stated that the
rent expectation price point will be$1.80 to$2.00 per square feet for the multi-family development.
Commissioner Henrichs and Mr. Mueller discussed the detention area and fencing material. Mr.
Mueller and staff discussed the secondary access and the need for a TIA, that will be completed
during the platting process. Commissioner Earles, Assistant Director Griggs and Assistant City
Engineer Pourazizian discussed utilities and the difference between a public lift station for the
region compared to a private lift station just for the PD. Commissioner Earles and Mr. Mueller
clarified that the detention area would be a dry area. Commissioner Earles and Mr. Cutrer
discussed the secondary access. Commissioner Earles and staff discussed amenities.
Commissioner Earles stated that he likes the proposed project, but he would like to see the
language on amenities tightened up and would like to see the applicant continue to work with staff
to resolve these issues. Commissioner McCathran stated that she is in favor of the PD moving
forward while staff and the developer work on the details. Assistant Director Griggs and
Commissioner Boswell answered Mr. Mosley's question, that the surrounding area would remain
zoned BP-288 and would allow for commercial developments. Commissioner Boswell stated that
she agrees with staff's first point of having a maximum percentage of single-bedroom and
efficiency units. Commissioner Boswell, Deputy City Attorney Provins, Assistant Director Griggs
and Mr. Cutrer discussed the inclusion of Fiber Cement Panels. Mr. Cutrer stated that he would
work with his contractor to get more specifics for the Fiber Cement Panels to include in the PD
document. Commissioner Boswell suggested the applicant use as much detail and supportive
language as possible in the PD document. Mr. Mueller stated that he will update the amenities
section in the PD document to use more precise language. Commissioner Boswell, Mr. Motamedi
and staff discussed drive- through restaurants compared to businesses that may have a drive-
through, like a pharmacy. Assistant Director Griggs stated that a business with a drive- through,
that is not a restaurant, would be allowed by right if the drive-through is properly screened. Senior
Planner Bireima stated that restaurants without drive-throughs would also be allowed by right.
Commissioner Boswell stated that she agrees with her fellow P&Z Commissioners concerning
detention fencing and the second access point and stated that she would need more conditions,
or the current issues fixed before she would be in favor of this PD. Mr. Cutrer, Mr. Mueller, Deputy
City Attorney Provins, Assistant Director Griggs, and the P&Z Commission discussed the
proposed and desired detention screening. Mr. Mueller stated that he will be updating the fencing
exhibit in the PD document to reflect the discussion and input from staff and the P&Z Commission.
Assistant Director Griggs summarized the P&Z Commission's opinions for all 6 of staff's concerns:
1. The proposed PD contains very loose language regarding the multifamily unit mix, the
number and sizes of buildings within the out-parcels.
P&Z Commission agreed with staff and recommends having a maximum percentage of
efficiency and one-bedroom units.
2. The 50%masonry along the north elevation of the multifamily building in lieu of 80%similar
to the west and south elevations and the inclusion of Fiber Cement Panels as a masonry
product in the masonry definition.
P&Z Commission asked the developer to add clarification on material specifications in the
PD document by the first reading by City Council.
3. Staff is not favor of allowing restaurant with drive-in or drive-through within the BP District
tracts.
P&Z Commission agrees with this suggestion by staff.
4. Staff is not favor of the proposed chain link fences around the detention pond and along
the frontage of the Future Wooten Road and the proposed wood fences along the north
boundary of the multifamily project.
P&Z Commission asked the developer to update the fencing exhibit to reflect the
discussion and suggestions by staff and the P&Z Commission by the first reading by City
Council.
5. As stated in the above criteria for approval, the PD contains very loose and vague
language regarding what amenities will be provided within the common areas of the
multifamily development.This language must be clarified so that quantity,type, and quality
of amenity are prescribed.
P&Z Commission asked the developer to remove the word `anticipated'from the amenities
section in the Pd document and tighten language concerning amenities for the PD by the
first reading by City Council.
6. Staff is concerned about the proposed controlled access driveway along Smith Ranch #2
Road (Future Wooten Road)for not meeting the Engineering criteria for turnaround. Safe
access to the site and the elimination of future conflicts must be considered a priority in
site design.
P&Z Commission asked the developer to rearrange the proposed site layout to allow two
cars at the second resident-only entrance to assist with any traffic congestion in that area
by the first reading by City Council.
Commissioner Henrichs stated that she agrees with Assistant Director Griggs summary of P&Z
Commission's comments. Commissioner McCathran stated that she also agrees. Mr. Mueller,
Deputy City Attorney Provins and Assistant Director Griggs discussed masonry requirements and
materials. Commissioner Earles and Commissioner Boswell stated that they agree with Assistant
Director Griggs summary of P&Z Commission's comments as well.
No further discussion from Staff, P&Z Commission or Public input.
Commissioner Boswell read into the record the items on Consideration and Possible Action —
Zone Change Application: ZONE 22-24. Commissioner Henrichs made the motion to approve,
Commissioner Earles seconded the motion.
Commissioner Earles made the motion to amend the original motion to add the suggestions made
by the P&Z Commission and staff, as summarized by Assistant Director Griggs, Commissioner
Henrichs seconded the motion.
Motion passed 4-0.
Amended motion passed 4-0.
Chairperson Dansby and Vice Chairperson Fuertes rejoined the meeting.
DISCUSSION ITEMS
1. Commissioners Activity Report: Assistant Director Griggs invited the P&Z Commission to
attend the upcoming City Council meeting for the Planning Month Proclamation.
2. Next P&Z Regular Meeting: October 17, 2022
ADJOURNMENT
Chairperson Danabv adjourned the P&Z Regular meeting utA:11 P.M.
These minutes were respectfully submitted by:
Shelby Lowe ^Irniniutnahve Assistant
Minutes approved Vs submitted and/or corrected nn this 1.7thday f[)
Brandon D8OSby' Planning & ZOr�iDg (|hoirp8r8OD
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