2023-03-06 PLANNING & ZONING REGULAR MEETING AGENDA PLANNNG AND ZONING COMMISSION MEETING
AGENDA
MONDAY, MARCH 6, 2023 6:30 PM
PEARLAND CITY HALL PEARLAND ECONOMIC DEVELOPMENT BOARD ROOM 13519
LIBERTY DRIVE
I. CALL TO ORDER
II. ROLL CALL - CERTIFICATION OF QUORUM
III. INTRODUCTION OF AGENDA AND FORMAT OF HEARING
IV. CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and require
little or no deliberation by the Planning & Zoning 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.
A. CONSIDERATION AND POSSIBLE ACTION — EXCUSED ABSENCE
Excuse the absence of Commissioner Angela McCathran from the February
20, 2023 Meeting.
B. CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from February 20, 2023.
02.20.2023 PZ Req. Meeting Minutes
C. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-18: PRELIMINARY PLAT
OF ORDENEAUX TRACT SECTION 1
A request by BGE Inc, the applicant; on behalf of Massey Oaks Development
LP, MO Tract 3 LP, and CIRE II LP, owners; for approval of the Preliminary
Plat of Ordeneaux Tract Section 1, creating 100 lots, 7 reserves and 5 blocks
on 41.90 acres located south of Old Massey Ranch Road and East of Harkey
Road described to wit:
Planning &Zoning-Mar 06 2023
Legal Description: A subdivision of 41.90 acres of land located in the H.
T&B.R.R. CO. Survey, A- 525, City of Pearland, Brazoria County, Texas.
General Location: South of Old Massey Ranch Road and East of Harkey
Road.
PZ - 0551 - Agenda Report- Pdf
D. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-19: PRELIMINARY PLAT
OF ORDENEAUX TRACT SECTION 2
A request by BGE Inc, the applicant; on behalf of Massey Oaks Development
LP, MO Tract 3 LP, and CIRE II LP, owners; for approval of the Preliminary
Plat of Ordeneaux Tract Section 2, creating 74 lots, 3 reserves and 3 blocks
on 9.894 acres located south of Old Massey Ranch Road and East of Harkey
Road described to wit:
Legal Description: A subdivision of 9.894 acres of land located in the H.
T&B.R.R. CO. Survey, A- 525, City of Pearland, Brazoria County, Texas.
General Location: South of Old Massey Ranch Road and East of Harkey
Road.
PZ - 0550 - Agenda Report- Pdf
E. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-20: PRELIMINARY PLAT
OF ORDENEAUX TRACT SECTION 3
A request by BGE Inc, the applicant; on behalf of Massey Oaks Development
LP, MO Tract 3 LP, and CIRE II LP, owners; for approval of the Preliminary
Plat of Ordeneaux Tract Section 3, creating 108 lots, 6 reserves and 3 blocks
on 13.41 acres located south of Old Massey Ranch Road and East of Harkey
Road described to wit:
Legal Description: A subdivision of 13.41 acres of land located in the H.
T&B.R.R. CO. Survey, A- 525, City of Pearland, Brazoria County, Texas.
General Location: South of Old Massey Ranch Road and East of Harkey
Road.
PZ - 0552 - Agenda Report- Pdf
V. ITEMS REMOVED FROM THE CONSENT AGENDA
VI. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION -WATER AND WASTEWATER
IMPACT FEE UPDATE
The draft Impact Fee Study was presented to the Planning & Zoning
Planning &Zoning-Mar 06 2023
Commission acting as the Capital Improvement Advisory Committee (CIAC)
on February 20, 2023. The CIAC requested staff to draft a letter that reflects
their recommendations to City Council. The CIAC will sign the letter of
recommendation for the 2023 Impact Fee Study to be sent to City Council.
Capital Improvements Advisory Committee - Recommendation Letter
2. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-15: REPLAT NO. 1 OF THE
MINOR PLAT OF JUD'S DEVELOPMENT NO. 1, SECTION A
A request by Chris Hendrick, Wilson Survey Group, the applicant; on behalf
of Neelila LLC, owner; for approval of the Replat No. 1 of the Minor Plat of
Jud's Development No. 1, Section A, combining 2 lots into 1 lot on 18.055
acres of land located along Industrial Drive described to wit:
Legal Description: A Subdivision of 18.055 Acres containing all of tract 3 of
Jud's Development No. 1 Section A and all of Lot 2 Block 1 of the amending
plat of Block 1 of the Minor Plat of Jud's Development No. 1 Section A, in the
H.T & B.R.R Co Survey Section 27, Abstract No. 308 in the City of Pearland,
Brazoria County, Texas.
General Location: 8720 Industrial Drive.
PZ - 0553 -Agenda Report- Pdf
3. CONSIDERATION AND POSSIBLE ACTION -VARP 23-02: VARIANCE TO ALLOW
THE CREATION OF A FLAG LOT
A request by Matthew Sigmon, Texas Land Map, the applicant; on behalf of
Walter Hill, owner; for approval of a Variance as Permitted in Section 2.6.1.1
(b)(1) of the Unified Development Code, Ordinance No. 2000-T, from the
requirements of Section 3.2.14.2 (c) of the UDC to allow approval of the
creation of a flag lot described to wit:
Legal Description: A subdivision of 3.19 acres of land, being lots 6.7,and 8
of the subdivision of lot 38 of the Allison Richey Gulf Coast Home Subdivision
of Section 19, HT&BRR Company Survey, Abstract 243, Brazoria County
Texas, according to map as recorded in volume 2, Page 23 and 24 of
Brazoria County Plat Records.
General Location: East of Lee Road, Pearland.
PZ - 0555 -Agenda Report- Pdf
4. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-16: PRELIMINARY PLAT
OF THE HILL HOMESTEAD (COMPANION ITEM TO VARP 23-02)
A request by Matthew Sigmon, Texas Land Map, the applicant; on behalf of
Walter Hill, owner; for approval of the Preliminary Plat of The Hill Homestead,
creating 2 lots on 3.19 acres located east of Lee Road (CR 664), described to
wit:
Planning &Zoning-Mar 06 2023
Legal Description: A subdivision of 3.19 acres of land, being lots 6.7,and 8
of the subdivision of lot 38 of the Allison Richey Gulf Coast Home Subdivision
of Section 19, HT&BRR Company Survey, Abstract 243, Brazoria County
Texas, according to map as recorded in volume 2, Page 23 and 24 of
Brazoria County Plat Records.
General Location: East of Lee Road, Pearland.
PZ - 0554 - Agenda Report- Pdf
5. CONSIDERATION AND POSSIBLE ACTION -ZONE CHANGE APPLICATION:
ZONE 22-32
Public Hearing: A request by Katherine Beckett, HDR Inc, applicant, on
behalf of Healgen Scientific LLC., owner, for approval of a zone change from
Light Industrial (M-1) District to Planned Development (PD) District,
incorporating approximately 6.4566 acres of land into the LNR Clear Creek
Planned Development including proposed deviations to the PD regulations
pertaining to this site, to wit:
Legal Description: 6.4566 acres of land out of the James Hamilton Survey,
Abstract No. 876 in Harris County, Texas, same being part of Lots 13% and
20 of Block F of Allison-Richey Gulf Coast Home Company Suburban
Gardens Subdivision, the plat of which is recorded in Volume 3, Page 40 of
the Harris County Map Records.
General Location: Southwest Corner of Sam Houston Parkway West and
Hooper Road.
PZ - 0548 - Agenda Report- Pdf
6. COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT
APPLICATION: CUP 23-05
Public Hearing: A request by Harrell Architects, LP, applicant, on behalf of
Kevin Caplan representing Pearland Senior Living, LTD, owner, for approval
of a Conditional Use Permit (CUP) to allow for the expansion of an assisted
living facility on approximately 1.372 acres of land within the Province Village
Planned Development (PD) District; to wit:
Legal Description: Lot "B1", in Block 1, Amending Plat No. 3 Province
Village Drive Office Park and Reserves, a subdivision in Brazoria County,
Texas, according to the map or plat recorded in Clerk's File No. 2019027139
of the Official Records of Brazoria County, Texas.
General Location: 2900 Province Village Drive, Pearland, TX.
PZ - 0545 - Agenda Report- Pdf
7. COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT
Planning &Zoning-Mar 06 2023
APPLICATION: CUP 23-06
Public Hearing: A request by Adil Zahir, applicant, on behalf of Riyaz
Maknojia representing Fondren Real Estate, LLC, owner, for approval of a
Conditional Use Permit (CUP) for Gasoline Station (With or Without Auto
Wash—Self Service) use within the General Commercial (GC) District, to
accommodate a fueling station associated with a proposed convenience store
and retail shop, on approximately 2.3973 acres of land, to wit:
Legal Description: Being 2.3973 acres of land situated in the R.B. Lyle
Survey, Abstract No. 543, City of Pearland, Brazoria County, Texas, being a
portion of that certain called 13.3897 acres of land described in deed and
recorded in the Official Public Records of Real Property in Brazoria County,
Texas, under County Clerk's File No. 2021009685, also being a portion of
that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision as
shown on map or plat recorded under Volume 29, Page 43 of the Deed
Records of Brazoria County, Texas.
General Location: Northwest Corner of Mykawa Road and the Future
Extension of McHard Road.
PZ - 0547 -Agenda Report- Pdf
VII. DISCUSSION ITEMS
Commissioners Activity Report
Next P&Z Regular Meeting: March 20, 2023
Vill. ADJOURNMENT
If you plan to attend this public meeting and you have a disability that requires special
arrangements at the meeting, please contact the City Secretary at 281.652.1840 or by e-mail at
citysecretary@pearlandtx.gov. Requests for special services must be received Forty-eight (48)
hours prior to the meeting time. Reasonable accommodations will be made to assist your
needs.
I, Shelby Lowe, Administrative Assistant, do hereby certify that this Notice of Meeting was
posted on the City Hall bulletin board, a place convenient and readily accessible to the general
public at all times, and on the City's website, https://www.peariandtx.gov/, in compliance with
Chapter 551, Texas Government Code. This said Notice of the City of Pearland Planning &
Zoning Commission Regular Meeting for March 6, 2023, was posted at City Hall, 3519 Liberty
Dr., Pearland, Texas 77581 on March 3, 2023, by 6:00 p.m. and remained so posted
continuously for at least 72 hours proceeding the scheduled time of the said meeting.
Planning &Zoning-Mar 06 2023
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6 REPORTER NEWS, February 15, 2023
LEGALS LEGALSPublished Feb. 15 & 22, 2023
LEGALS LEGALSPublished Feb. 8, 15 & 22, 2023 LEGALS LEGALS
LEGALS LEGALSPublished Feb. 8 & 15, 2023Pearland Independent School District will be acceptingRequest for Proposal for Food Service Equipment until 3:00p.m. Wednesday, March 8, 2023. Proposals will be submittedonline in the Pearland ISD eBid System. Vendors may loginand view specifications and submit their response at the fol-lowing link: https://pearlandisd.ionwave.net.
LEGALS LEGALSPublished Feb. 8 & 15, 2023 City of PearlandRequest for Qualifications RFQ #0123-01For Professional Engineering Services for theKnapp Activity Center Outdoor Expansion
Request for Qualifications and Scope of WorkThe City of Pearland is requesting Statements of Qualifications (SOQ) fromfirms that can adequately demonstrate they have the resources, experience,and qualifications to fulfill the role of Engineering Design Consultant for theMelvin Knapp Activity Center (KAC) Outdoor Expansion project. The facility islocated at 2424 Park Avenue, Pearland TX 77581.The respondent shouldselect a team of professionals capable of providing the required services in anefficient manner in the best interest of the City of Pearland and that will providesuccessful, on-time, and on-budget project delivery. Information on all pro-posed sub-consultants should be included in the response.
The city is seeking a firm that meets the requirements of the RFQ. The firm isto provide architectural design and any applicable surveying and/or engineer-ing professional services necessary for the enclosure of the current 1,500 –2,000 square foot open-air patio area, located in the west-southwest portion ofthe existing facility. The intent of the expansion is to extend the available pro-gram space at the Center, allowing additional square footage for exercise andfitness activities, dancing, holiday gatherings, and other structured enjoymentand entertainment activities. The successful Offeror will present the necessaryqualifications, experience, capacity, and expertise for providing the architectur-al design elements to be used in the construction of the patio enclosure.
The Intent of this Request for QualificationsFrom this RFQ, the city will select a Primary Design Firm for the project. Theproject is envisioned to have a Primary Design Firm under the direction andmanagement of the City’s Engineering and Public Works Department – CapitalProjects Division. The Primary Design Firm will be responsible for the success-ful management, design, and construction administration of the overall project.In addition, the successful Offeror will be responsible for managing, directing,and coordinating any and all teams of engineering firms and/or other sub-con-sultants it assembles to complete the required work.
Federal FundingThe City of Pearland was awarded federal Community Development BlockGrant (CDBG) funds from the U.S. Department of Housing & UrbanDevelopment (HUD) in 2020 (B-20-MC-48-0400), a portion of which has beenallocated for facility improvements at the KAC. Some of the allocation will beused for the non-construction related costs of the project, which is comprisedof the architectural design of the improvements described herein.
Both non-construction and construction costs of this project are funded byHUD, and applicable regulations may include certain federal UniformAdministrative Requirements (2 CFR 200), including but not limited to: Title VIof the Civil Rights Act of 1964 (Non-discrimination) and Section 3 of the HUDAct (24 CFR Part 135). Davis-Bacon Act labor provisions are NOT applicableto this phase of the project, as no construction activities are being solicited atthis time. Instructions for SubmissionThe RFQ is available through the City’s E-bid System and the respondingSOQs will be accepted through the City’s E-bid System. All interestedRespondents are required to register as a “supplier” on the City’s E-bid Systemat: https://pearland.ionwave.net/Login.aspx by clicking on “SupplierRegistration”. The RFQ is available for download upon approval of registration.Once approved, registration provides automatic access to the RFQ, existingproject information, any changes to the RFQ, and any changes in submissiontime and date. Submitting Firms accept sole responsibility for downloading allthe necessary documents required to provide a full response to the RFQ.
SOQs shall be submitted in the format described in the RFQ and be submittedelectronically through the E-bid System to the City Purchasing Office, City ofPearland, City Hall Annex located at 3523 Liberty Drive, Pearland TX 77581.
All SOQs submitted electronically will remain confidential until the opening dateand time when they will be publicly unsealed, and names of offerors readaloud at the City of Pearland City Hall, City Council Chambers, 3519Liberty Drive, Pearland, TX 77581.
RFQ Publication Dates, Questions, and Submission DeadlineFirst Publication: February 8, 2023Second Publication: February 15, 2023Questionsare due no later than 5:00 p.m., Friday, February 23, 2023, and mustbe sent in writing via email to ebids@pearlandtx.gov, or may be delivereddirectly to the City Purchasing Office - City of Pearland, City Hall Annexlocated at 3523 Liberty Drive, Pearland, Texas 77581.RFQs will be accepted until 2:00 p.m., Thursday, March 8, 2023.
LEGALS LEGALSPublished Feb. 8 & 15, 2023 NOTICE TO BIDDERSCITY OF PEARLAND, TEXASSealed bids will be received by the City of Pearland Purchasing Division, 3523Liberty Dr., until 2:00 p.m. Thursday, March 2, 2023, and all proposals will beread aloud via virtual meeting. Interested parties may join the meeting by call-ing into the meeting at: Dial in #: 281-652-1955; Meeting #: 1775#; AccessCode #: 0971# on that date for:Sanitary Sewer Rehabilitation Phase IOld Town District & Barry RoseCity of Pearland, TexasCOP PN: WW2101BID NO.: 0123-02The project will entail the rehabilitation and repair of the existing gravity sani-tary sewer by pipe bursting or open-cut method, reconnecting sewer connec-tions, rehabilitating or replacing manholes, connecting the new pipe to man-holes, replacing end of line cleanouts, cleaning and television inspection pre-and post-construction, and restoring existing surface features disturbed by theconstruction.A mandatory pre-bid conference will be held at City of Pearland Engineeringand Public Works Service Center Rio Grande Training Room at 2016 Old AlvinRd, Pearland, Texas 77581 at 10:00 a.m. on Thursday, February 16, 2023.
All bids should be submitted through the E-Bid system located on the City’swebsite at: https://pearland.ionwave.net/Login.aspx. All interested Bidders areadvised to register as a “supplier” on the City’s E-Bid System at the above web-site by clicking on “Supplier Registration” and completing a short registrationquestionnaire. Electronic Bid Documents, including Plans, TechnicalSpecifications and Bid Forms are available for download after registration isapproved by City Purchasing office. No plan fees or deposits are required forbid documents obtained through the City’s E-bid System. Questions regardingelectronic bidding should be directed to City Purchasing Office atebids@pearlandtx.gov.
Bid Documents are also available for review at the following plan houses: Amtek Plan Room (713) 956-0100The Associated General Contractors of America, Inc. (713) 334-7100Associated Builders & Contractors of Greater Houston (713) 523-6222Dodge Reports (713) 316-9411
Bid Security, in the form of Cashier’s Check, Certified Check, or Bid Bond,payable to the City of Pearland in the amount of 5% of the total base bid price,must accompany each Bid proposal. See Instructions to Bidders for Bond sub-mittal information and instructions.The City of Pearland reserves the right to reject any or all bids.
Frances Aguilar, City Secretary,City of Pearland
First Publication date February 8, 2023Second Publication date February 15, 2023
LEGALS LEGALSPublished Feb. 8 & 15, 2023 NOTICE TO BIDDERSCITY OF PEARLAND, TEXASSealed bids will be received by the City of Pearland Purchasing Division, 3523Liberty Dr., until 2:00 p.m. Thursday, March 2, 2023, and all proposals will beread aloud via virtual meeting. Interested parties may join the meeting by call-ing into the meeting at: Dial in #: 281-652-1955; Meeting #: 1775#; Access Code#: 0971# on that date for:Bailey Road ExpansionVeterans Dr. to Main (SH-35)City of Pearland, TexasCOP PN: TR1904BID NO.: 1122-34The project will entail the rehabilitation and repair of the existing gravity sanitarysewer by pipe bursting or open-cut method, reconnecting sewer connections, re-habilitating or replacing manholes, connecting the new pipe to manholes, replac-ing end of line cleanouts, cleaning and television inspection pre- and post-con-struction, and restoring existing surface features disturbed by the construction.
Amandatory pre-bid conference will be held at City of Pearland Engineering andPublic Works Service Center Rio Grande Training Room at 2016 Old Alvin Rd,Pearland, Texas 77581 at 11:00 a.m. on Thursday, February 16, 2023.
All bids should be submitted through the E-Bid system located on the City’s web-site at: https://pearland.ionwave.net/Login.aspx. All interested Bidders areadvised to register as a “supplier” on the City’s E-Bid System at the above web-site by clicking on “Supplier Registration” and completing a short registrationquestionnaire. Electronic Bid Documents, including Plans, TechnicalSpecifications and Bid Forms are available for download after registration isapproved by City Purchasing office. No plan fees or deposits are required for biddocuments obtained through the City’s E-bid System. Questions regarding elec-tronic bidding should be directed to City Purchasing Office atebids@pearlandtx.gov.
Bid Documents are also available for review at the following plan houses: Amtek Plan Room (713) 956-0100The Associated General Contractors of America, Inc.(713) 334-7100Associated Builders & Contractors of Greater Houston (713) 523-6222Dodge Reports (713) 316-9411
Bid Security, in the form of Cashier’s Check, Certified Check, or Bid Bond,payable to the City of Pearland in the amount of 5% of the total base bid price,must accompany each Bid proposal. See Instructions to Bidders for Bond sub-mittal information and instructions.The City of Pearland reserves the right to reject any or all bids.
Frances Aguilar, City Secretary,City of Pearland
First Publication date February 8, 2023Second Publication date February 15, 2023
NOTICE OF PUBLIC HEARING FOR THE EXCLUSION AND INCLUSIONOF CERTAIN LAND TOBRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 40
Notice is hereby given that Brazoria County Municipal Utility District No.40(the “District”) will hold a public hearing on Tuesday, March 7, 2023, at12:00 p.m., at the regular meeting place of the District, at the offices of AllenBoone Humphries Robinson LLP, 3200 Southwest Freeway, Suite 2400, RioGrande Conference Room, Houston, Texas 77027, outside the boundaries ofthe District for the following purpose:
CONDUCT HEARING ON APPLICATIONS FOR EXCLUSION ANDINCLUSION OF CERTAIN LAND TOBRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 40
All interested parties have the right to offer evidence in support of theApplications or against the Applications.
BY ORDER OF THE BOARD OF DIRECTORS
/s/ Alicia Skinner /s/ Charles M. EastlandPresident, Board of Directors Secretary, Board of Directors
LEGALS LEGALSPublished Feb. 15, 2023 NOTICE OF PUBLIC HEARING OF THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCILOF THE CITY OF PEARLAND, TEXASNotice is hereby given that the Planning and Zoning Commission of the City ofPearland, in Brazoria, Harris and Fort Bend Counties, Texas, will hold a publichearing on Monday, March 6, 2023, at 6:30 p.m., at City Hall, 3519 Liberty Dr.,Pearland, Texas 77581; and that the City Council of the City of Pearland will holda public hearing and first Ordinance adoption consideration on Monday, March27, 2023, at 6:30 p.m., at City Hall, 3519 Liberty Dr., Pearland, Texas 77581, forthe following cases:1. Zone Change Application No. ZONE 22-21:A request by Jennifer Curtis,META Planning & Design LLC., applicant, on behalf of Michael Harrington,owner, for approval of a zone change from Planned Development (PD) Districtto PD District, replacing the old Promenade Shops Lifestyle Center PD with aproposed mixed-use development consisting of a variety of land uses onapproximately 93.443 acres of land, to wit:Legal Description:Lot A, Block 1 of The Promenade Shops at The Spectrum,a subdivision of 93.443 acres of land in the City of Pearland, Texas, accordingto the Plat recorded in County Clerk’s File No. 610201 in the Map Records ofHarris County, Texas. General Location:Southwest corner of State Highway 288 and Sam HoustonTollway.2. Zone Change Application No. ZONE 22-32:Arequest by Katherine Beckett,HDR Inc, applicant, on behalf of Healgen Scientific LLC., owner, for approval ofa zone change from Light Industrial (M-1) District to Planned Development (PD)District, incorporating approximately 6.4566 acres of land into the LNR ClearLake Planned Development including deviations to the PD regulations pertain-ing to this site, to wit:Legal Description: 6.4566 acres of land out of the James Hamilton Survey,Abstract No. 876 in Harris County, Texas, same being part of Lots 13? and 20of Block F of Allison-Richey Gulf Coast Home Company Suburban GardensSubdivision, the plat of which is recorded in Volume 3, Page 40 of the HarrisCounty Map Records.General Location:Southwest Corner of Sam Houston Parkway West andHooper Road.At said hearing, all interested parties shall have the right and opportunity toappear and be heard on the subject. For additional information, please contactthe Community Development Department at 281-652-1765.
Mohamed A. Bireima, AICPSenior Planner
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February 15 23
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Pearland Zone Changes Legal