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2023-06-05 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, JUNE 5 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 Vice Chairperson Henry Fuertes P&Z Commissioner Ashlee Boswell P&Z Commissioner Jennifer Henrichs P&Z Commissioner Angela McCathran Also, present were Deputy City Attorney Lawrence Provins, Associate Engineer John De La Rosa, Community Development Assistant Director Martin Griggs, 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 AND POSSIBLE ACTION— EXCUSED ABSENCE Excuse the absence of Commissioner Angela McCathran from the May 15, 2023 Meeting. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from May 15, 2023. 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 23-06: Variance from the Maximum 3:1 Lot Width Ratio in the R-1 District. CONSIDERATION AND POSSIBLE ACTION - VARP 23-06: VARIANCE FROM THE MAXIMUM 3:1 LOT DEPTH TO LOT WIDTH RATIO IN THE R-1 DISTRICT Public Hearing: A request by Elizabeth Morton applicant on behalf of Anabel Hidalgo and Albert Zatuchee, 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 (c) to allow the creation of 1 lot that exceeds the maximum 3 to 1 Lot Depth to Lot Width Ratio described to wit: Legal Description A Subdivision of 2.499 Acres of Land, being the South 1/2 of the North 1/2 of Lot-2 of the Allison Richey Gulf Coast Home Co's Part of Suburban Gardens Subdivision Section 20 Volume 2, Page 23 of the Brazoria County Plat Records, situated in the H.T. & B.R.R. Company Survey, A-506, City of Pearland, Brazoria County, Texas. General Location: 3733 Soho Drive, Pearland. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that the intent is to build a single-family residence and since the lot depth is over 800-feet, staff is concerned with fire access The property owner will be dedicating a 25-foot access easement on the south border of the property. Senior Planner Buaku stated that the plat variance conforms to 7 out of 8 criterions of the UDC for approval. Staff recommends approval of the requested variance with the following condition: 1. A minimum 25-foot free and clear emergency access easement will be maintained on the south side of the lot at the time of development to allow fire access to the back of the property. Applicant, Elizabeth Morton with South Point Surveying at 6240 Bissonnet Street, Suite #1, Houston, Texas 77081, was in attendance in -person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. She stated that they are working with city staff and the landowner to resolve the issues Senior Planner Buaku stated in her staff report. Ms. Morton stated that she is available for questions. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Henrichs and Assistant Director Griggs discussed the surroundings lots, land dedications required by this property and fire access for this area Assistant Director Griggs clarified that the fire access easement is not currently shown on the plat and that is why staff is recommending the condition. 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 23-06: Variance from the Maximum 3:1 Lot Width Ratio in the R-1 District. Vice Chairperson Fuertes made the motion to approve, Commissioner Boswell seconded the motion. Motion passed 5-0. Chairperson Dansby recused himself from the meeting. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action VARP 23-07: Variance from the Minimum Lot Width Requirement in the M-1 District. CONSIDERATION AND POSSIBLE ACTION - VARP 23-07: VARIANCE FROM THE MINIMUM LOT WIDTH REQUIREMENT IN THE M-1 DISTRICT P ublic Hearing: A request by Tetra Land Services, applicant for Presidio Equities 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 3 lots, one of which has a lot width less than the minimum lot width requirement in the Light Industrial (M-1) District, described to wit: Legal Description: 4.5295 Acre Tract of Land located in the H.T.& B.RR Company Survey, S ection 2, Abstract No. 542, Being a portion of Lot 33 of the W Zychlinski Subdivision as Recorded in Volume 29, Page 43 of the Brazoria County Deed Records. General Location: SW Corner of Rice Drier and Main Street. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that applicant is requesting a plat variance because they cannot meet the minimum lot width. Senior P lanner Buaku stated that the plat variance conforms to 3 out of 8 criterions of the UDC for approval Staff recommends approval of the requested variance for the following reasons: 1. The proposed lot meets all the requirements of the M-1 District except for width and is developable. 2. The variance will allow the property to be platted. Applicant Representative, David White with Tetra Land Services at 5304 Ashbrook Drive, Houston, Texas 77081, was in attendance in -person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission. He stated that they will be giving a 35-foot dedication for Rice Drier Road in order to move forward. Mr White stated that he is available for questions. Vice Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Henrichs stated that she is not opposed to this plat variance and asked if Rice Drier Road was just recently improved. Mr. White stated that Rice Drier Road was just improved on other lots and needs to be improved on this lot. Assistant Director Griggs stated that the road improvements exist on the ground but has not yet been platted. Vice Chairperson Fuertes asked if this property would have a Rice Drier Road address. Mr. White said yes, they will except one property will have a Highway 35 address. Commissioner Henrichs, Assistant Director Griggs and Deputy City Attorney Provins and Mr. White discussed access from Highway 35. N o further discussion from Staff, P&Z Commission or Public input. Vice Chairperson Fuertes read into the record the items on Consideration and Possible Action — VARP 23-07: Variance from the Minimum Lot Width Requirement in the M-1 District. Commissioner Henrichs made the motion to approve, Commissioner McCathran seconded the motion. Motion passed 4-0. Chairperson Dansby rejoined the meeting. Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT 23-32: Replat of the Oaks at Cullen Parkway. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-32: REPLAT OF THE OAKS AT CULLEN PARKWAY P ublic 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 Oaks at Cullen Pkwy (formerly Fite at Cullen Pkwy) creating 3 lots on 10.507 acres of land to wit: Legal Description: A subdivision of 10.507 acres inclusive of 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: NE Corner of Cullen Pkwy and Fite Road. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that this replat is of a formally platted lot that was platted February 2020. Senior Planner Buaku stated that the replat conforms all criteria of the UDC for approval. Staff recommends approval. Landowner, Jennifer Evans with Signature Companies at 9337 B Katy Freeway, Suite 377, Houston, Texas 77024, was in attendance in -person in the Pearland Economic Development Corporation Board Room to present to the P&Z Commission She stated that the P&Z Commission saw this property 6 weeks ago associated with a PD application Ms. Evans stated that the property needs to be platted in order to move forward with PD. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Chairperson Dansby asked staff why this property needs to be replatted. Assistant Director Griggs that the lot needs to be replatted so that it can be sold with a clean land title. Deputy City Attorney P rovins stated that this plat will conform to the current zoning regulations 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 23-32: Replat of the Oaks at Cullen Parkway. Commissioner McCathran made the motion to approve, Vice Chairperson Fuertes seconded the motion. Motion passed 5-0. Chairperson Dansby read into the record the items on Consideration and Possible Action — PLAT 23-58: Final Plat of Sunrise Flats. CONSIDERATION AND POSSIBLE ACTION - PLAT 23-58: FINAL PLAT OF SUNRISE FLATS P ublic Hearing: A request by David White, Tetra Land Services, the applicant on behalf of BE FM 518 Realty, owner, for approval of the Final Plat of Sunrise Flats, creating 1 lot on 5.5838 acres located at the Southeast corner of Broadway Street and CR 666, described to wit: Legal Description: A subdivision of a 5.5838-acre land located in the H.T & B Railroad Company S urvey, Section 21 Abstract No. 309, Brazoria County Texas. Also being out of and a portion of Lots 1 and 4, Block 21 of the Allison -Richey Gulf Coast Home Company's Suburban Gardens, according to the map or plat therefore recorded in volume 2, pages 23 and 24 of the Brazoria County Plat records. General Location: Southeast corner of Broadway Street and CR 666. S enior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that this final plat has fulfilled the SIA requirement. Senior Planner Buaku stated that this final plat meets all approval criteria of the UDC. Staff does recommend approval. Applicant, David White with Tetra Land Services at 5304 Ashbrook Drive, Houston, Texas 77081, 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. 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 23-58: Final Plat of Sunrise Flats. 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 — Proposed U nified Development Code Amendment — Authority of the Planning & Zoning Commission for Deciding Conditional Use Permits. CONSIDERATION AND POSSIBLE ACTION - PROPOSED UNIFIED DEVELOPMENT CODE AMENDMENT - AUTHORITY OF THE PLANNING & ZONING COMMISSION FOR DECIDING CONDITIONAL USE PERMITS P ublic Hearing' A request by the City of Pearland, applicant, for approval of proposed amendments to the Unified Development Code (UDC), Ordinance No. 2000T, in accordance with S ection 1.1 4.1 of the Unified Development Code to include: 1. Amendments to Chapter 1, Section 1.1.3.3 (a)(2), Advisory Capacity of the Planning and Zoning Commission to the City Council to review, prepare reports upon and make recommendations concerning approval, conditional approval, or denial of Conditional Use Permit (CUP) petitions. 2. Amendments to Chapter 2, Section 2 2 3 3 (b), Processing of Application and Decision, regarding the role of the Planning and Zoning Commission to review and comment on Conditional Use Permit (CUP) petitions. Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs shared the current UDC voting procedures for CUPs for the P&Z Commission. Assistant Director Griggs shared both proposed amendment options with exhibits. Staff recommends option number 1. Chairperson Dansby called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Boswell and Assistant Director Griggs discussed comparing formal and informal voting. Assistant Director Griggs stated that there is value in the P&Z Commissioner comments and the comments are sent to City Council. Commissioner Boswell asked if the comments on why they are voting for or against the CUP will still be required with option 1. Deputy City Attorney P rovins stated that if a P&Z Commissioner voted yes, they would not need to comment why, but if they voted against the CUP they would need to state why. Commissioner Boswell, Assistant Director Griggs and Deputy City Attorney Provins discussed updating the P&Z Commission Rules of Procedures to update the procedures for approving a CUP by the P&Z Commission to include that P&Z Commissioners would have to provide comment for why they voted the way that they did Commissioner McCathran asked staff what the difference between what the P&Z Commission is currently doing. Deputy City Attorney Provins stated that the P&Z Commission would have their recommendations given to City Council in a different format. Commissioner McCathran stated that would be just commenting on the CUP with a recommendation and would still not have any authority. Deputy City Attorney Provins stated that plats and variances are the only items that the P&Z Commission have sole authority of. He stated that City Council is looking for the comments and recommendations from the P&Z Commission on CUP and Zone Change items. Vice Chairperson Fuertes stated that City Council does value the P&Z Commissioners comments and they do want to know why each P&Z Commissioner recommended their recommendations. Assistant Director stated that staff tries to accurately represent each comment from the P&Z Commission. Chairperson Dansby agreed and stated that certain City Councilors do want to know the P&Z Commissioners opinions for a CUP application. Commissioner Henrichs stated that she is in favor of option number 1. N o further discussion from Staff, P&Z Commission or Public input. Chairperson Dansby read into the record the items on Consideration and Possible — Proposed U nified Development Code Amendment — Authority of the Planning & Zoning Commission for Deciding Conditional Use Permits. Vice Chairperson Fuertes made the motion to approve option number 1, Commissioner McCathran seconded the motion. Motion passed 5-0. DISCUSSION ITEMS 1. City Council Update Report: Presented by Assistant Director Griggs. Assistant Director Griggs stated that at the May 22 2023 City Council Regular Meeting, City Council denied the massage establishment CUP (CUP 23-04) located on Kirby Drive with a vote of 3-4 He stated that City Council discussed the proximity of the massage establishment to Shadow Creek High School Assistant Director Griggs stated that City Council approved the 1st reading of the Fite Road and Cullen Parkway PD (ZONE 23-01) with a vote of 4-3. He stated that City Council discussed if the townhomes will be build to rent or for sale and that they desire higher quality building materials for the townhomes. Commissioners Activity Report: Vice Chairperson Fuertes stated that the P&Z Commission see the 3 to 1 maximum lot depth ration variances often and that they may become more common with more infill lots within the city. He suggested that those variances be handled administratively with staff and if it is denied by staff the variance could come the P&Z Commission for an appeal. Chairperson Dansby stated that he is in favor of speeding up a process like this. 3. Next P&Z Regular Meeting: June 19, 2023 ADJOURNMENT Chairperson Dansby adjourned the P&Z Regular meeting at 7:42 P.M. These minutes were respectfully submitted by: Wum S9\1 toAk- Shelby Lowe,Administrative Assistant Minutes approved as submitted and/or corrected on'thi 19th day of June 2023, A.D Brandon Dansby, Planning ::Koning Chairperson