2023-03-06 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 6, 2023, AT 6.30
P M. HELD IN THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD
ROOM, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson 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 Commissioner Ashlee Boswell
P&Z Commissioner Jennifer Henrichs
P &Z Commissioner Derrell Isenberg
P &Z Commissioner Angela McCathran
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz
P ourazizian, Associate Engineer John De La Rosa, Community Development Assistant Director
Martin Griggs, Senior Planner Mohamed Bireima, Senior Planner Florence Buaku, Planner I
P atrick 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 AND POSSIBLE ACTION — EXCUSED ABSENCE
Excuse the absence of Commissioner Angela McCathran from the February 20, 2023 Meeting.
CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from February 20, 2023.
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:
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.
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.
CONSIDERATION AND POSSIBLE ACTION - PLAT 23-20: PRELIMINARY PLAT OF
O RDENEAUX 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.
Chairperson Dansby read into the record the items on the Consent Agenda. Commissioner
Boswell made the motion to approve, Commissioner Isenberg seconded the motion.
Motion passed 5-0.
N EW BUSINESS
Chairperson Dansby read into the record the items on Consideration and Possible Action — Water
and Wastewater Impact Fee Update.
CONSIDERATION AND POSSIBLE ACTION - WATER AND WASTEWATER IMPACT FEE
U PDATE
The draft Impact Fee Study was presented to the Planning & Zoning 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.
Assistant Director Griggs presented the staff report with exhibits. He discussed the updates for
the fee update made from the previous P&Z Meeting. Assistant Director Griggs stated that the
CIAC recommendation letter has the recommendations the P&Z Commission requested at the
previous P&Z Meeting.
Bailey Keller with Freese and Nichols Inc. stated that the report has been updated to reflect the
new numbers due to the Future Land Use Map update. She stated that the fire line language was
added to the report as well.
Assistant City Engineer Pourazizian stated that the fire line language addresses separate regular
water line meters and dedicated fire lane meters but will not apply to combination water meters.
N o further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items for Consideration and Possible Action — Water
and Wastewater Impact Fee Update. Commissioner Boswell made the motion to approve,
Commissioner Isenberg seconded the motion.
Motion passed 5-0.
Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT
23-15: Replat No. 1 of the Minor Plat of Jud's Development No. 1, Section A.
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 Al
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
N o. 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.
S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
this replat request is to combine two lots into one lot Senior Planner Buaku stated that this replat
meets all approval criteria of the UDC. Staff does recommend approval.
Applicant was not in attendance.
Chairperson Dansby and Senior Planner Buaku briefly discussed easements on the property.
N o further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT
23-15: Replat No. 1 of the Minor Plat of Jud's Development No. 1, Section A. Commissioner
Isenberg 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 — VARP
23-02: Variance to Allow the Creation of a Flag Lot.
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
S urvey, 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.
S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
the plat variance conforms to 4 out of 8 criterions of the UDC for approval. Staff recommends
approval of the requested variance for the following reasons:
1. The proposed lot sizes are consistent with the requirements the SR-12 district.
2. The proposed reduced flag lot will allow the property to be developed more efficiently and
will not negatively impact any adjacent current or future development.
Applicant Representative, Johnathan Foelker with Texas Land Map at 3119 Windmill Street,
S ugarland Texas 77479, was in attendance in person in Pearland Economic Development
Corporation Board Room to answer any questions for the P&Z Commission.
S o further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Consideration and Possible Action — VARP
23-02: Variance to Allow the Creation of a Flag Lot. Commissioner Boswell made the motion to
approve, Commissioner Henrichs seconded the motion.
Motion passed 5-0.
Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT
23-16: Preliminary Plat of the Hill Homestead (Companion Item to VARP 23-02).
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:
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
S urvey, 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.
S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
this preliminary plat is tied to the previously presented plat variance. Senior Planner Buaku stated
that this preliminary plat meets all approval criteria of the UDC. Staff does recommend approval.
Applicant Representative, Johnathan Foelker with Texas Land Map at 3119 Windmill Street,
S ugarland Texas 77479, was in attendance in -person in Pearland Economic Development
Corporation Board Room to answer any questions for the P&Z Commission.
Landowner, Walter Hill at 2701 Ruth Street, Houston, Texas 77004, was in attendance in -person
in Pearland Economic Development Corporation Board Room to answer any questions for the
P &Z Commission.
N o further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT
23-16: Preliminary Plat of the Hill Homestead (Companion Item to VARP 23-02). Commissioner
McCathran made the motion to approve, Commissioner Henrichs seconded the motion.
Motion passed 5-0.
Chairperson Dansby read into the record the items on Consideration and Possible — Zone Change
Application: ZONE 22-32.
CONSIDERATION AND POSSIBLE ACTION - ZONE CHANGE APPLICATION ZONE 22-32
P ublic Hearing: A request by Katherine Beckett, HDR Inc applicant, on behalf of Healgen
S cientific 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 13/2 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.
Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated
that this zone change is for property located in the Lower Kirby District from M-1 to a LNR PD. He
stated that this request is for a zone change with the proposed deviations for the LNR PD.
Assistant Director Griggs stated that the proposed zone change conforms to all or most of the
criteria for approval according to the UDC Staff recommends approval.
Applicant Representative, David Day with HDR Inc., at 8750 North Central Expressway, Suite
100, Dallas, Texas 75231, was in attendance in -person in the Pearland Economic Development
Corporation Board Room to present to the P&Z Commission. Mr. Day described the zone change
and project with renderings. He stated that this project will have a distinct character that will fit
into the LNR PD. He stated that the deviations are related to the level of design of the building.
Mr. Day stated that Healgen is in the high-tech/bio tech industry. He stated that the building will
be four -stories high and have a high tech look and feel that will be a unique addition to the City of
Pearland.
Chairperson Dansby 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 Dansby read into the record the items on Consideration and Possible Action — Zone
Change Application: ZONE 22-32. Commissioner Isenberg 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 23-05.
COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT APPLICATION: CUP
23-05
P ublic 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 Brazona 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.
P lanner I Bauer presented the staff report with exhibits. Planner I Bauer stated that this CUP
application is for an expansion of an existing assisted living facility and that the CUP does conform
to the criteria of the UDC for approval. Staff recommends approval.
Landowner, Kevin Caplan at 4801 Woodway Drive, Suite 235W, Houston, Texas 77056, was in
attendance in -person in the Pearland Economic Development Corporation Board Room to
present to the P&Z Commission. He stated that they want to add six living units and will be adding
parking spaces to ensure they meet the parking requirements.
Applicant Representative, Ross Turner with Harrell Architects, LP at 2015 Bauer Drive, Houston,
Texas 77080, was in attendance in -person in Pearland Economic Development Corporation
Board Room 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.
Commissioner Isenberg asked Mr. Caplan if the facility would be expanding to the neighboring
lot. Mr. Caplan stated that they are not adding land, that they will be expanding the facility on the
remaining portion of the existing lot. Commissioner Isenberg stated that he would be in favor of
this CUP. Commissioner McCathran asked Mr. Caplan what impact this expansion would have
on the current residents. Mr. Caplan stated that there will be minimal impact on the current
residents. Mr. Turner explained that there will be minimal impact on parking due to them currently
being over the required parking spaces and the additional units will put them exactly at the
required number of parking spaces. Commissioner McCathran, Commissioner Boswell,
Chairperson Dansby and Commissioner Henrichs stated that they are in favor of the CUP.
All 5 P&Z Commissioners stated that they are in favor of the CUP application.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Dansby read into the record the items on Commission Input and Discussion
Conditional Use Permit Application: CUP 23-06.
COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT 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.
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that this CUP
application is for a gas station with a retail shop. Planner I Bauer provided previous site history,
including the previously approved CUP by City Council in January 2022. He stated that this is the
same design submitted previously that was approved by City Council and that the previous CUP
did expire in January 2023. Planner I Bauer stated that the CUP does conform to all or most of
the criteria of the UDC for approval. Staff recommends approval of the requested CUP with the
following conditions:
1. The exterior building facades shall be developed in substantial conformance with materials
as depicted in facade renderings
2. Vegetative screening consisting of a 3 hedge row with 2' caliper trees every 30' of
property Tine shall be provided to screen the subject property from the residential property
along the north boundary.
Applicant, Adil Zahir at 14231 FM 1464 Road, Sugarland, Texas 77498, was in attendance in -
person in the Pearland Economic Development Corporation Board Room to present to the P&Z
Commission. He stated that they have been working with city staff and plan to be ready to pull
permits for the site by May or June. Mr. Zahir stated that they are not sure what gas company
they will work with for the gas station, and they have options for the fast-food restaurant. He said
that the building will still have an upscale design.
Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Isenberg stated that there is a pipe yard down the road and asked Mr. Zahir if 18-
wheelers will be able to park in their parking lot and stay there for long periods of time. Mr Zahir
stated that their gas station will not be able to fit an 18-wheeler fueling station and will not become
a truck stop. He stated that the site will not be designed for 18-wheelers and will not be
encouraging large diesel vehicles to use the gas station. Commissioner Isenberg stated that this
a great location for a gas station. Commissioner McCathran and Commissioner Henrichs stated
that they would be in favor of the CUP with the recommended conditions. Commissioner Isenberg
suggested adding a condition to the CUP that would require the applicant to add signs on -site
stating no 18-wheelers allowed. Mr Zahir stated that he would be able to comply to that condition.
Commissioner Boswell and Chairperson Dansby stated that they are in favor of the CUP with the
recommended conditions.
All 5 P&Z Commissioners stated that they are in favor of the CUP application with the three
recommended conditions:
1. The exterior building facades shall be developed in substantial conformance with materials
as depicted in facade renderings.
2 Vegetative screening consisting of a 3' hedge row with 2" caliper trees every 30' of
property line shall be provided to screen the subject property from the residential property
along the north boundary.
3. Add signage on -site stating no 18-wheelers allowed.
No further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. Commissioners Activity Report. Commissioner Isenberg, Deputy City Attorney Provins
and Assistant Director Griggs discussed P&Z reviewing CUP's and UDC Amendments.
2 Next P&Z Regular Meeting: March 20, 2023
ADJOURNMENT
Chairperson Dansby adjourned the P&Z Regular meeting at 7:29 P.M.
These minutes were respectfully submitted by:
Shelby Lowe, , ministrative Assistant
Minutes approved as submitted and/or corrected on this 20th day of March 2023, A.D.
titiv14
Brandon Dansby, Planning & Zoning Chairperson