2022-10-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA IN-PERSON OF THE PLANNING AND ZONING
COMMISSION OFTHE CITY OF PEARLAND,TEXAS,MONDAY,OCTOBER 17,2022,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 6:34 P.M.
In attendance were:
P&Z Chairperson Brandon Dansby
P&Z Vice Chairperson Henry Fuertes
P&Z Commissioner Ashlee Boswell
P&Z Commissioner Jennifer Henrichs
P&Z Commissioner Derrell Isenberg
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parve
Pourazizian, Community Development Assistant Director Martin Griggs, Senior Planner
Mohamed Bireima, Planner I Samin Bazargan 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 Derrell Isenberg from the October 3, 2022 Meeting.
CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from October 3, 2022.
Chairperson Dansby read into the record the items on the Consent Agenda. Vice Chairperson
Fuertes made the motion to approve, Commissioner Henrichs seconded the motion.
Motion passed 5-0.
NEW BUSINESS
Chairperson Dansby read into the record the items on Consideration and Possible Action—VARP
22-11: Variance to Allow the Platting of an Irregular Shaped Lot and a Lot that is Less than the
Minimum Lot Size Requirements in the GB District.
CONSIDERATION AND POSSIBLE ACTION — VARP 22-11: VARIANCE TO ALLOW THE
PLATTING OF AN IRREGULAR SHAPED LOT AND A LOT THAT IS LESS THAN THE
MINIMUM LOT SIZE REQUIREMENTS IN THE GB DISTRICT
Public Hearing: A request by Adaris Soccaras of Civil-Sury Land Surveying, the applicant on
behalf of Fite Interests Ltd, 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 2.4.4.5(C)(1) to allow the
creation of a lot that does not meet the minimum lot width, lot depth and lot area requirements in
the General Business (GB)District; and from 3.2.14.2 to allow the creation of an irregular shaped
lot described to wit:
Legal Description: A subdivision of 0.7928 acres being a replat of Lot 1, Block 1, of Cullen
Parkway and Old Chocolate Bayou,a subdivision of record in plat No.2020011820 of the B.C.P.R
located in the and B.R.R. CO. survey Section 17 Abstract No. 242 City of Pearland, Brazoria
County, Texas.
General Location: SE Corner of Cullen Pkwy and Old Chocolate Bayou.
Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated
that the plat variance conforms to 5 out of 8 criteria of the UDC.Staff does recommend approval
of Lot 1 but does not recommend approval of Lot 2.
Landowner, Jennifer Evans with Fite Interests, Ltd. at 9525 Katy Freeway, Suite 124, Houston,
Texas 77024, was in attendance in-person in Council Chambers to present to the P&Z
Commission. She stated that she has a purchaser for the property and that is why they are
requesting a variance and replatting the land. Ms. Evans stated that Lot 2 would remain
undeveloped with only a cellular tower on the property.
Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
Vice Chairperson Fuertes and Assistant Director Griggs discussed current state of Lot 2, the
surrounding area and the plat variance request. Chairperson Dansby and Assistant Director
Griggsdiscussed theoption of Lot2 increasing size bytaking moreland from Lot 1. Commissioner
Isenberg and Ms. Evans discussed the cell tower,and that the cellular provider will be purchasing
Lot 2 with the cell tower. Commissioner Isenberg and Deputy City Attorney Provins discussed the
future of the site and the zoning district standards for this property. Ms. Evans stated that the
residual land from Lot 1 may not be able to be developed if land from Lot 1 is added to Lot 2.
Commissioner Boswell stated that the variances are too great and that she will not be voting in
favorforthe plat variance. Commissioner Henrichs stated that the best use forthe property is the
cell tower and would be in favor of the plat variance since the cell tower is already existing on the
site. Chairperson Dansby stated that the variance is significant for approval and that this is an
odd piece of land.
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
22-11: Variance to Allow the Platting of an Irregular Shaped Lot and a Lot that is Less than the
Minimum Lot Size Requirements in the GB District. Vice Chairperson Fuertes made the motion
to approve, Commissioner Isenberg seconded the motion.
Motion failed 2-3.
Chairperson Dansby read into the record the items on Consideration and Possible Action —PLAT
22-92: Replat of the Tower Reserve at Old Chocolate Bayou.
CONSIDERATION AND POSSIBLE ACTION — PLAT 22-92: REPLAT OF THE TOWER
RESERVE AT OLD CHOCOLATE BAYOU
Public Hearing: A request by Adaris Soccaras of Civil-Sury Land Surveying, the applicant on
behalf of Fite Interests Ltd, owner; for approval of the Replat of The Tower Reserve at Old
Chocolate Bayou (formerly Fite at Cullen Pkwy), creating 2 lots on 0.7928 acres of land located
at the corner of Old Chocolate Bayou and Cullen Pkwy to wit:
Legal Description: A subdivision of 0.7928 acres being a replat of Lot 1, Block 1, of Cullen
Parkway and Old Chocolate Bayou,a subdivision of record in plat No.2020011820 of the B.C.P.R
located in the and B.R.R. CO. survey Section 17 Abstract No. 242 City of Pearland, Brazoria
County, Texas.
General Location: SE Corner of Cullen Pkwy and Old Chocolate Bayou.
Assistant Director Griggs presented the staff report. Assistant Director Griggs stated that this
replat is tied to the previous plat variance request. Deputy City Attorney Provins stated that
approval of the plat variance would be required to approve the replat. Staff recommends denial.
Landowner, Jennifer Evans with Fite Interests, Ltd. at 9525 Katy Freeway, Suite 124, Houston,
Texas 77024, 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
22-92: Replat of the Tower Reserve at Old Chocolate Bayou. Commissioner Henrichs made the
motion to approve, Vice Chairperson Fuertes seconded the motion.
Motion failed 0-5.
Chairperson Dansby read into the record the items on Consideration and Possible Action —PLAT
22-93: Replat of Urban Spectrum.
CONSIDERATION AND POSSIBLE ACTION—PLAT 22-93: REPLAT OF URBAN SPECTRUM
Public Hearing:A request by Amber Whiting of Windrose Land Services,the applicant on behalf
of Lower Kirby Development LLC. Owner; for approval of the Replat of Urban Spectrum Replat
No. 1 creating 1 lot on 11.9315 acres of land located North of Spectrum Blvd to wit:
Legal Description:A subdivision of 11.9315 ac./519,738 sq. ft.being all of Lot 1, Block 1, Urban
Spectrum Subdivision, Film Code No. 678806, H.C.M.R.Situated in the James Hamilton Survey,
Abstract No. 876, City of Pearland, Harris County, Texas.
General Location: Between North Spectrum Blvd and South Spectrum Blvd.
Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated
that the replat does conform to the criteria of the UDC. Staff recommends approval.
Applicant, Amber Whiting with Windrose Land Services at 11111 Richmond Avenue, Houston,
Texas 77082, 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
22-93: Replat of Urban Spectrum. Commissioner Henrichs made the motion to approve,
Commissioner Boswell seconded the motion.
Motion passed 5-0.
Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone
Change Application: ZONE 22-25.
CONSIDERATION AND POSSIBLE ACTION—ZONE CHANGE APPLICATION: ZONE 22-25
Public Hearing: A request by Xavier Esquino, applicant, on behalf of Lizabeth Gillis, owner, for
approval of a zone change from Single-Family Residential-2 (R-2) District to Single-Family
Residential-3 (R-3)District on three (3)tracts of land totaling approximately 12.3429 acres of land,
to wit:
Legal Description: Being a tract of land containing 8.3866 acres, situated in the H.T. & B.R.R.
Co. Survey,Section 5, Abstract237, Brazoria County, Texas, being part of Lots 13 and 13-1/2 of
the H. Masterson Subdivision, a subdivision recorded in Volume 28, Page 6 of the Deed Records
of Brazoria County,Texas."Lot 6": Being Lot 6, Block 1 of the Crawford Subdivision, a subdivision
in the City of Pearland according to the Plat recorded in Volume 20, Pages 243-244 in the Plat
Records of Brazoria County, Texas. "Lot 7": Being Lot 7, Block 1 of the Crawford Subdivision, a
subdivision in the City of Pearland according to the Plat recorded in Volume 20, Pages 243-244
in the Plat Records of Brazoria County, Texas.
General Location: South of West Orange Street and East of Hatfield Road.
Planner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that the
proposed zone change does conform to the criteria of the UDC. Staff recommends approval.
Applicant, Xavier Esquino at 11622 Montmarte Boulevard, Houston, Texas 77078, was in
attendance in-person in Council Chambers to present to the P&Z Commission. He stated that
they want to develop a product that will improve the residential area. Mr. Esquino stated that he
was available for questions.
Applicant Representative, Alejandro Esquino at 11622 Montmarte Boulevard, Houston, Texas
77078, was in attendance in-person in Council Chambers to answer any questions for the P&Z
Commission.
Chairperson Dansby called for public input.
Residents, Aurelio and Elizabeth Barron at 2205 Hatfield Road, Pearland, Texas 77581, had
Laura Jimenez at 2207 Hatfield Road, Pearland, Texas 77581, translate and summarize their
commentsforthem. Ms.Jimenez stated that Mr.and Mrs.Barron are opposed to this zone change
due to the increase in traffic and noise.
Resident, Laura Jimenez at 2207 Hatfield Road, Pearland, Texas 77581, stated that she is
opposed to the proposed zone change. She stated that she is opposed due to increased noise,
safety, schools being over capacitated, and the nuisance a new development will create. Ms.
Jimenez stated that a portion of the tract is a part of the Crawford Subdivision.
Resident, Lynne Gougenheim at 2255 Hatfield Road, Pearland, Texas 77581, stated that she is
opposed to the proposed zone change. She stated that Pearland has changed since she moved
here 25 years ago, and that Hatfield Road is difficult to drive on. Ms. Gougenheim stated that
does not want a residential subdivision abutting her property and she does not want her property
values to be affected by this development.
Residents, Leon and Sally Garner at 6602 Orange Street, Pearland, Texas 77581, stated that
they were opposed to the proposed zone change. Mr. Garner asked what the price and square
footage of these residential homes would be. He asked why there are two entrances to the
proposed neighborhood. Mr. Garner stated that he is opposed due to increased traffic on Orange
Street.
Mr.A. Esquino stated that the price of the homes would be $400,000 to $500,000 and the home
square footage would be 30,000 to 35,000. He stated that they already have a buyer for the
property. Mr. A. Esquino stated that they could still develop a residential neighborhood today by
right, there would be less houses. Commissioner Isenberg stated that he is sympathetic to the
residents but reminded them that something will be developed on this land eventually. He stated
that this a quality product and Pearland is changing. Commissioner Isenberg stated that he would
be in favor of this zone change. Commissioner Boswell thanked the residents for coming to the
meeting to voice their opinions. She stated that she moved to Pearland due to the proximity of
Houston and that the character of Pearland is changing. Commissioner Boswell stated that this
is a good product and would maintain the existing character of the area, so she would be in favor
of this zone change. Vice Chairperson Fuertes, Commissioner Henrichs,Senior Planner Bireima,
Assistant Director Griggs and Deputy City Attorney Provins discussed R-2 verses R-3 zoning
regulations and the zoning of recent nearby residential subdivisions. Vice Chairperson Fuertes
stated that the concerns from the citizens are valid. He answered Mr. Garner stating that the
secondary access on Orange Street is required if the development has more than 29 residential
dwellings. Vice Chairperson Fuertes asked staff if there is any R-3 zoning districts near this area.
Assistant Director Griggs stated that there is not much R-3 zoning near this area. Vice
Chairperson Fuertes and Deputy City Attorney Provins discussed spot zoning and Deputy City
Attorney Provins stated that this would not be considered spot zoning since there R-2 zoning
would be comparable to an R-3 zoning district. Deputy City Attorney Provins stated that the
difference between R-2 and R-3 zoning is 36 homes to 42 homes. Vice Chairperson Fuertes
stated that this development would be similar to other developments surrounding cities have, that
this project is financially dynamic and would be a fair compromise. He stated that he would be
voting in favor for the zone change. Chairperson Dansby stated that the R-2 zoning would keep
the characterof the area better and may produce an even better product. Commissioner Isenberg
and Mr. A. Esquino discussed R-2 compared to R-3 zoning regulations. Mr. A. Esquino stated
that their potential buyer would like to keep the 60-foot lots and will not agree to 70-foot lots. He
said that they could seek out a new buyer but then the land may not be developed at all.
Commissioner Isenberg and Mr. A. Esquino discussed another development on the other side of
the road that the applicant is also involved in. Mr. A. Esquino stated that development has been
very difficult and moved slower than he would like for this development to take.
Commissioner Isenberg stated that he is leaning towards keeping the zoning R-2.
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 22-25. Commissioner Isenberg made the motion to approve,
Commissioner Boswell seconded the motion.
Motion passed 3-2.
Chairperson Dansby read into the record the items on Consideration and Possible Action —Zone
Change Application: ZONE 22-26.
CONSIDERATION AND POSSIBLE ACTION —ZONE CHANGE APPLICATION: ZONE 22-26
Public Hearing: A request by Colin Davidson, META Planning & Design LLC., applicant, on
behalf of Fairbanks Groups LLC., owner,and Adam Omran,owner, forapproval of a zone change
from Residential Estate (RE) District to Single-Family Residential-3 (R-3) District on three (3)
tracts of land totaling approximately 12.48 acres, to wit:
Legal Description: Being a tract of land containing 5.00acres, situated in the H.T. & B.R.R.Co.
Survey,A-564, Brazoria County, Texas, and being all of a 5.00-acre tract of record in the name
of Fairbanks Group, LLC in Brazoria County Clerk's File (B.C.C.F.)Number 2014022718. "Lot 1":
Being Lot 1, Block 1 of the Elim Subdivision, a subdivision in the City of Pearland according to
the Plat recorded in Volume 28, Pages 383-384 in the Plat Records of Brazoria County, Texas.
"Lot 2": Being Lot 2, Block 1 of the Elim Subdivision, a subdivision in the City of Pearland
according to the Plat recorded in Volume 28, Pages 383-384 in the Plat Records of Brazoria
County, Texas.
General Location: North of Magnolia Parkway and West of Kirby Drive,
Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated
that the zone change conforms to 3 out of 4 criterions of the UDC. Staff recommends approval.
Applicant, Colin Davidson with META Planning & Design LLC. At 24275 Katy Freeway, Katy,
Texas 77494, was in attendance in-person in Council Chambers to present to the P&Z
Commission. He stated that R-3 zoning is compatible with the land located to the north and east
of the parcel.
Applicant Representative, Jennifer Curtis with META Planning & Design LLC. At 24275 Katy
Freeway, Katy, Texas 77494, was in attendance in-person in Council Chambers to answer any
questions for the P&Z Commission.
Chairperson Dansby called for public input.
Resident, Roland Falgoust at 12208 Willow Brook Lane, Pearland, Texas 77584, stated that he
is opposed to the proposed zone change. He stated that he is the President of the Southern Trails
HOA and serves on the MUD 34 Board, but he is not representing these organizations at this
evening's meeting. Mr. Falgoust asked how the applicant will handle drainage and detention for
the property. He discussed his concerns about flooding, run off water, County Road 59 widening,
utilities and property values increasing. Mr. Falgoust asked what the size, square-footage and
price point of these residential homes will be. He stated that he would like the neighborhood of
Southern Trails to continue to stay the way it is.
Resident, Christina Miller at 11814 Cascade Falls Lane, Pearland, Texas 77584, stated that she
is opposed to the proposed zone change. She stated her concerns with the zone change are
flooding, drainage, the widening of CR 59 and it will affect her family. Ms. Miller stated that she
would like more information on this propose zone change and spoke about the easement behind
her home.
Resident, Michael Diaz at 3606 Trinity Rose Lane, Pearland, Texas 77584, stated that he is
opposed to the proposed zone change. He stated his concerns of drainage, flooding, the widening
of County Road 59, increased noise, security and his property values. Mr. Diaz asked if the
neighborhood would have an HOA and if it will have its own drainage and detention. He stated
that the schools in the area are over-populated.
Resident, Alejandro Sanchez at 3603 Trinity Rose Lane, Pearland, Texas 77584, stated that he
is opposed to the proposed zone change. He stated that he is also concerned about drainage.
Mr. Sanchez asked if the subdivision would have an HOA and if the homes will be rental
properties.
Mr. Davidson stated that drainage will be on-site for the subdivision, and this will have to be
approved during the platting process. Mr. Davidson stated that the homes will be 3,000 square-
feet and all the homes will be for sale, not for rent. Commissioner Henrichs and Assistant City
Engineer Pourazizian discussed detention, elevation and flood plain requirements and regulations
for the parcel. Commissioner Boswell asked what the price point of the homes will be. Mr.
Davidson stated that he does not have a price point forthe homes yet. Ms. Curtis stated that the
home prices would be comparable to a Southern Trails home price point. Commissioner Boswell
stated that she would like to know more information about the homes and that the schools in the
area may be plateauing with students. Commissioner Boswell and Mr. Davidson briefly discussed
underground utilities. Vice Chairperson Fuertes and Assistant Director Griggs discussed the
regulations for RE compared to the regulations for R-3 and the Southern Trails PD underlying
zoning district and regulations. Vice Chairperson Fuertes stated that this development would be
compatible with the surrounding area and that engineering will handle drainage during the platting
process. He discussed the student population for Pearland ISD and Alvin ISD. Chairperson
Dansby stated that he lives in Shadow Creek and his child is in middle school with Alvin ISD and
that they are adding schools to the south of Pearland, so the student population will even out.
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 22-26. Chairperson Fuertes made the motion to approve,
Commissioner Boswell seconded the motion.
Motion passed 5-0.
Chairperson Dansby read into the record the items on Commission Input and Discussion —
Conditional Use Permit Application: CUP 22-23.
COMMISSION INPUT AND DISCUSSION-CONDITIONAL USE PERMIT APPLICATION: CUP
22-23
Public Hearing: A request by Westside SC Pearland LTD., owner, for approval of a Conditional
Use Permit (CUP) for Gym/Health Club use on approximately 5.044 acres of land within the
Neighborhood Service (NS) District, to wit:
Legal Description: A 5.044-acre tract of land, being the remainder of Tract"A", of the Final Plat
of West Side Plaza, a subdivision in the City of Pearland according to the Plat and Map recorded
in Volume 17, Pages 259-260 in the Plat or Map Records of Brazoria County, Texas.
General Location: 5060-5070 Broadway Street, Pearland, TX.
Planner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that the
proposed CUP conforms to the criteria of the UDC. Staff recommends approval.
Applicant Representative, Doug Keeney 19703 Arbors Edge Court, Cypress,Texas 77433, stated
that he will be the general contractor for the project. Mr. Keeney provided details about the fitness
facility and the owner of the company.
Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
Vice Chairperson Fuertes discussed the strip centerforthis proposed CUP and that because it is
zoned NS,several businesses have had to get a CUP and he thinks it should be zoned GC or GB
instead. Vice Chairperson stated that he would be in favorof the CUP. Commissioner Henrichs
stated that she would be in favor of the CUP.Commissioner Isenberg stated that he would be in
favor of the CUP. Commissioner Boswell stated that she would be in favor of the CUP.
Chairperson Dansby stated that he would be in favor of the CUP.
All 5 P&Z Commissioners would recommend approval of this CUP application.
No further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. Commissioners Activity Report: Chairperson Dansby invited the P&Z Commission and
Staff to a Business After Hours event on November 3, 2022.
2. Next P&Z Regular Meeting: November 7, 2022 at City Hall Annex - Houston Conference
Room
ADJOURNMENT
Chairperson Dansby adjourned the P&Z Regular meeting at 8:26 P.M.
These minutes were respectfully submitted by:
Shelby Lowe, Administrative Assistant
Minutes approved as submitted and/or corrected on thi 7th day of Novem r 2022, A.D.
1'
t
Brandon Dansby, Planning & ning Chairperson