2023-09-18 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING HELD IN-PERSON BY THE PLANNING AND
ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, SEPTEMBER 18,
2023, AT 6:30 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson Isenberg opened the meeting for the P&Z Regular Meeting at 6:31 P.M.
In attendance were:
P&Z Chairperson Derrell Isenberg
P&Z Vice Chairperson Jennifer Henrichs
P&Z Commissioner Ashlee Boswell
P&Z Commissioner Henry Fuertes
P&Z Commissioner Angela McCathran
Also, present were Deputy City Attorney Lawrence Provins,Associate Engineer John De La Rosa,
Community Development Director Vance Wyly, Community Development Assistant Director
Martin Griggs, Planner I Patrick Bauer and Administrative Assistant Shelby Lowe.
ITEMS REMOVED FROM THE AGENDA - NO ACTION REQUIRED
CONSIDERATION AND POSSIBLE ACTION - PLAT 23-108: FINAL PLAT OF YANNI
GARDENS
A request by James Mahoney, of Landpoint, the applicant; on behalf of Pearland 28, LLC, owner;
for approval of the Final Plat of Yanni Garden creating 29 single family lots, and 6 reserves on
11.0001 acres of land located on the west side of Hatfield Road about 550 feet south of Orange
Street.
Legal Description:A Subdivision of 11.0001 acres of land situated in the H.T.&B. R.R. Company
Survey, Abstract No. 544 City of Pearland, Brazoria County, Texas.
General Location: West of Hatfield Road south of Orange Street.
Commissioner Fuertes recused himself from the meeting.
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 ABSENCES
Excuse the absence of Commissioner Jennifer Henrichs and Commissioner Brad Kuhn from the
August 7, 2023 Meeting and Commissioner Brad Kuhn from the August 21, 2023 Meeting.
CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from August 7, 2023 and August 21, 2023.
CONSIDERATION AND POSSIBLE ACTION - PLAT 23-88: FINAL PLAT OF MASSEY OAKS
SECTION 3
A request by RG Miller, the applicant; on behalf Massey Oaks Development LP, owner; for
approval of the Final Plat of Massey Oaks Section 3 creating 61 single family lots, 2 reserves,
and 5 blocks on ± 14.95 acres of land located in the southwest quadrant of Old Massey Ranch
Road and Harkey Road.
Legal Description: A subdivision of 14.95 acres of land located in the H. Stevens Survey,
Abstract 593 City of Pearland, Brazoria County, Texas.
General Location: South of Old Massey Ranch Road and West of Harkey Road.
CONSIDERATION AND POSSIBLE ACTION - PLAT 23-89: FINAL PLAT OF MASSEY OAKS
SECTION 5
A request by RG Miller, the applicant; on behalf Massey Oaks Development LP, owner; for
approval of the Final Plat of Massey Oaks Section 5 creating 82 single family lots, 1 reserve, and
4 blocks on ± 18.21 acres of land located in the southwest quadrant of Old Massey Ranch Road
and Harkey Road.
Legal Description: A subdivision of 18.21 acres of land located in the H. Stevens Survey,
Abstract 593 City of Pearland, Brazoria County, Texas.
General Location: South of Old Massey Ranch Road and west of Harkey Road.
Chairperson Isenberg read into the record the items on the Consent Agenda. Vice Chairperson
Henrichs made the motion to approve, Commissioner McCathran seconded the motion.
Motion passed 4-0.
Commissioner Fuertes rejoined the meeting.
NEW BUSINESS
Chairperson Isenberg read into the record the items on Consideration and Possible Action —
VARP 23-14: Variance from the Minimum Lot Width in the Commercial District of the Shadow
Creek Planned Development.
CONSIDERATION AND POSSIBLE ACTION -VARP 23-14: VARIANCE FROM THE MINIMUM
LOT WIDTH IN THE COMMERCIAL DISTRICT OF THE SHADOW CREEK PLANNED
DEVELOPMENT
Public Hearing: A request by PEA Group, applicant for BW Shadow Creek 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 2.4.4.6(c)(1)(b)to allow the creation of two lots both of which
are less than the minimum lot width requirement in the Commercial District of the Shadow Creek
Planned Development, described to wit:
Legal Description: A Subdivision Of 1.401 Acres of Land Situated in the LF Roberts & WW
Duprey Survey, Abstract No. 726, Being A Replat of Lot D & Lot E, Final Plat of Shadow Creek
Ranch Commercial Site No.18b Subdivision, Recorded in Document Number 2007035195 of the
Plat Records of Brazoria County, Texas.
General Location: 11213 Shadow Creek Parkway.
Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated
that the plat variance conforms to 5 out of 8 the criterions of the UDC for approval. Staff
recommends approval due to:
1. Meets all zoning requirements except for lot width.
2. Granting the variance will allow the property to be properly subdivided under separate
ownership.
3. Partially Developed and meets existing character.
Applicant Representative, Chris Nichols at 1233 West Loop South, Suite 800, Houston, Texas
77027, was in attendance in-person in Council Chambers to answer any questions for the P&Z
Commission.
Applicant Representative, Glen Freeland at 16060 Dillard Drive, Suite 250, Houston, Texas
77040, was in attendance in-person in Council Chambers to answer any questions for the P&Z
Commission.
Applicant Representative, Isaac Suarez at 4317 Marsh Ridge Road, Carrolton,Texas 75010,was
in attendance in-person in Council Chambers to answer any questions for the P&Z Commission.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Fuertes and Assistant Director Griggs discussed if the use would need a CUP or
not. Commissioner Fuertes stated that he has no issue with this variance.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —
VARP 23-14: Variance from the Minimum Lot Width in the Commercial District of the Shadow
Creek Planned Development. Vice Chairperson Henrichs made the motion to approve,
Commissioner McCathran seconded the motion.
Motion passed 5-0.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —PLAT
23-106: Replat of Lower Kirby East Pond 2.
CONSIDERATION AND POSSIBLE ACTION - PLAT 23-106: REPLAT OF LOWER KIRBY
EAST POND 2
Public Hearing: A request by Patrick Lane, LJA Engineering, the applicant; on behalf of Lower
Kirby Pearland Management District, owner; for approval of a Replat of Lower Kirby East Pond 2
creating one lot on 20.555 acres of land to wit:
Legal Description: A subdivision of 20.555 acres situated in the Obediah Pitts Survey, Abstract
626, City of Pearland, Harris County, Texas, being a replat of Lot 9A, Lorance Tower Resurvey,
A subdivision recorded in Film Code No. 677559, Map records of Harris County, Texas.
General Location: Southwest corner of Fruge Road and Kirby Drive.
Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated
that the replat conforms to all the criteria of the UDC for approval. Staff recommends approval.
Applicant, Patrick Lane with LJA Engineering at 3600 West Sam Houston Parkway South,
Houston, Texas 77042, was in attendance in-person in Council Chambers to answer any
questions for the P&Z Commission.
Chairperson Isenberg 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 Isenberg read into the record the items on Consideration and Possible Action —PLAT
23-106: Replat of Lower Kirby East Pond 2. Commissioner Boswell made the motion to approve,
Vice Chairperson Henrichs seconded the motion.
Motion passed 5-0.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —PLAT
23-107: Achour Subdivision Replat No 2.
CONSIDERATION AND POSSIBLE ACTION - PLAT 23-107: ACHOUR SUBDIVISION
REPLAT NO 2
Public Hearing: A request by Amanda Rabius, applicant on behalf of Jeff Barnett, owner; for a
partial replat of Lot 3 of Achour subdivision creating 1 lot on 1.3552 acres to wit:
Legal Description: Being 1.3552 Acres (59,031 sf) out of Lot 3 Block 1 of ACHOUR subdivision
according to the map or plat thereof, recorded in the County Clerk's file No. 2010029392, of the
map records of Brazoria County Texas.
General Location: West portion of 1321 Broadway Street., Pearland, TX.
Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs stated
that the replat conforms to all the criteria of the UDC for approval. Staff recommends approval.
Applicant Representative, Jeff Boute with Windrose Land Services at 5353 West Sam Houston
Parkway North, Suite 150, Houston, Texas 77041, was in attendance in-person in Council
Chambers to answer any questions for the P&Z Commission.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Fuertes and Assistant Director Griggs clarified the location of the replat and the
nearby businesses in the area.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —PLAT
23-107: Achour Subdivision Replat No 2. Commissioner Boswell made the motion to approve,
Commissioner McCathran seconded the motion.
Motion passed 5-0.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —
Conditional Use Permit Application: CUP 23-15.
CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION:
CUP 23-15
Public Hearing: A request by R. Steven Husmann, Husmann Architecture, PLLC., applicant, on
behalf of ERS RE Holdings, owner, for approval of a Conditional Use Permit (CUP) for an Office
within the Light Industrial--- (M-1) District, on approximately 2.0923 acres of land, to wit:
Legal Description: Lot 1, in Block 1, Minor Plat of Rice Drier Commercial Park No. 2, a
subdivision in Brazoria County, Texas, according to the filed plat recorded in County Clerk's File
No. 2023030527 in the Plat records of Brazoria County, Texas.
General Location: East of 4300 Rice Drier Road.
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the CUP
application conforms to all 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 continuous row of shrubs with a height of 6'to 8'shall
be provided along the southeast and east property boundary extending from the proposed
drainage easement to the proposed landscaping along the east property boundary, as
shown in Applicant Packet, to screen the proposed equipment storage from the future
commercial uses to the east.
Applicant, R. Steven Husmann with Husmann Architecture at 3535 Wilcrest Drive, Suite 1 c,
Houston, Texas 77042, was in attendance in-person in Council Chambers to answer any
questions for the P&Z Commission.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Boswell stated that she has no issues with the CUP application if approved with
staff's recommended conditions because it would match the character of the area. Vice
Chairperson Henrichs stated that she is in favor of the CUP with the conditions staff
recommended. Commissioner McCathran stated that she agrees with the previous comments
from the P&Z Commissioners. Commissioner Fuertes and Assistant Director Griggs discussed
the error on the Future Land Use Map. Commissioner Fuertes asked Mr. Husmann if the same
property owns this property and the existing property. Mr. Husmann answered that is correct.
Commissioner Fuertes asked staff why this is a CUP application instead of a Zone Change
application. Assistant Director Griggs gave some background on the site and stated that it was a
quicker process for the applicant to apply for a CUP application compared to a Zone Change
application. Commissioner Fuertes asked staff if the Pearland Economic Development
Corporation (PEDC) was in favor of this CUP application. Deputy City Attorney Provins stated
that the PEDC has an agreement with CAT.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —
Conditional Use Permit Application: CUP 23-15. Commissioner Fuertes made the motion to
approve with the recommended conditions proposed by staff, Commissioner Boswell seconded
the motion.
Motion passed 5-0.
Chairperson Isenberg read into the record the items on Commission Input and Discussion —
Proposed Multifamily at Pearland Town Center
COMMISSION INPUT AND DISCUSSION -PROPOSED MULTIFAMILY AT PEARLAND TOWN
CENTER
Input and Discussion: A request by Drake Dominy, Pelican Builders, applicant, on behalf of CBL
Pearland Town Center, owner, for a Planned Development Workshop, as required by the Unified
Development Code, regarding a proposed multifamily development consisting of 124 single-
family rental dwelling units with an amenity center, on approximately 13.7 acres of land, to wit:
Legal Description: Being Lots 14, 15 & 16 of Amending Plat of the Plat of Replat of Pearland
Town Center, a subdivision recorded in File No. 200805836 in the Official Records of Brazoria
County, Texas.
General Location: South Side of 11200 Broadway Street, Pearland, TX.
Assistant Director Griggs presented the staff report with exhibits.
Applicant, Derek Darnell with Pelican Builders at 4265 San Felipe Street, Suite 720, Houston,
Texas 77027, was in attendance in Council Chambers to present to the P&Z Commission. Mr.
Darnell presented exhibits to the P&Z Commission and asked for them to provide feedback for
this proposed PD.
Applicant, Drake Dominy with Pelican Builders at 4265 San Felipe Street, Suite 720, Houston,
Texas 77027, was in attendance in-person in Council Chambers to answer any questions for the
P&Z Commission.
The P&Z Commission, staff and the applicant's discussed the build to rent aspect, multi-family,
price points of both options, property management and maintenance, the surrounding area and
the specific details of both options. Most P&Z Commissioners were in favor of the multi-family
option compared to the build to rent option for this location.
No further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. City Council Update Report: Presented by Assistant Director Griggs. Assistant Director
Griggs stated that at the September 11, 2023, City Council Regular Meeting, City Council
approved the first reading of the zone change at 2510 Roy Road from R-1 to GC (ZONE
23-11) with a vote of 5-2. City Council approved the second reading of the zone change
at 7029 Broadway Street from GB to GC (ZONE 23-06) with a vote of 6-1. City Council
approved the second reading of the zone change at 2430 South Austin Avenue from OT-
R to OT-MU (ZONE 23-09) with a vote of 7-0. City Council approved the second reading
of the zone change at 3888 Pearland Parkway from R-2 to NS (ZONE 23-10) with a vote
of 7-0.
2. Commissioners Activity Report: None.
3. Next P&Z Regular Meeting: October 2, 2023
ADJOURNMENT
Chairperson Isenberg adjourned the P&Z Regular meeting at 8:03 P.M.
These minutes were respectfully submitted by:
" ken tA�_�
Shelby Low Administrative Assistant
Minutes approved as submitted and/or corrected on this 6th day of November 2023, A.D.
Derrell Isenberg, Planning & oning Chairperson