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2023-12-04 PLANNING AND ZONNG COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING HELD IN -PERSON BY THE PLANNNG AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, DECEMBER 4, 2023, AT 6:30 PM IN THE COUNCIL CHAMBEERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Derrell Isenberg opened the meeting for the P&Z Regular Meeting at 6:30 P.M. In attendance were: P&Z Chairperson Darrell Isenberg P&Z Commissioner Alton Dugas P&Z Commissioner Henry Fuertes P&Z Commissioner Brad Kuhn P&Z Commissioner Angela McCathran Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Francisco Reyes, Associate Engineer John De La Rosa, Community Development Director Vance Wyly, Senior Planner Florence Buaku, Planning Intern Logan Farris, and Executive Assistant Jennifer Danley. 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. CONSIDERATION AND POSSIBLE ACTION - EXCUSED ABSENCES Excuse the absence of Commissioner Ashlee Boswell, Commissioner Derrell Isenberg and Commissioner Brad Kuhn from the November 6, 2023, Meeting. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES Approve the P&Z Regular Meeting minutes from November 6, 2023. Chairperson Isenberg read into the record the items on the Consent Agenda. Commissioner McCathran made the motion to approve, Commissioner Fuertes seconded the motion. Commissioner Fuertes confirmed that the consent agenda containing the two plats, PLAT 23-131: Preliminary Plat for Residences on the Parkway and PLAT 23-133: Preliminary Plat of Pearland Row Houses and Bungalows, November 6, 2023, meeting minutes, and attendance were approved. Motion passed 5-0 NEW BUSINESS Chairperson Isenberg read into the record the item on Consideration and Possible Action — Variance Application: VARP 23-18. CONSIDERATION AND POSSIBLE ACTION - VARP 23-18: VARIANCE FROM THE MINIMUM LOT AREA IN THE RESIDENTIAL ESTATE (RE) DISTRICT Public Hearing: A request by Overland Surveyors Consortium Inc, applicant; on behalf of Yvonne Cazares, Key IG Inc, owner for approval of a variance permitted in Section 2.4.2.2 (c) (1) of the Unified Development Code, Ordinance No. 2000-T, to reduce the minimum lot area from 21,780 square feet to 17,082 square feet to allow the creation of a lot within the Residential Estate (RE) zoning district described to wit: Legal Description: A Subdivision containing 0.3921 acres of land being a portion of Lot 33 of Allison Richey Gulf Coast Homes Subdivision, recorded in volume 2, Page 23 of the BCMR, located in the H.T & B.R.R Survey, Section, A506, City of Pearland, Brazoria County, Texas. General Location: 1905 Hillhouse Road. Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated the intended use of the property is a single family residential. Senior Planner Buaku stated that the variance conforms to all the criteria of the UDC for approval. Staff recommends approval for the following reasons: 1. The property exists in its current configuration. 2. Nonconformity is not a result of subdivision. Applicant Representative did not wish to make a presentation. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Fuertes confirmed the reason for the variance was a dedication of land at the City's request for the right of way to Hill House Rd. Senior Planner Buaku responded, yes that there was some dedication recorded in the deed for dedicating the right of way to Hill House Rd. and is reflected in the Plat. Commissioner Fuertes recommended for the Unified Development Code (UDC) rewrite, that this type of variance be handled at the staff level. A right of way dedication affecting zoning, building, or the setback should be automatically granted a variance. The only time P&Z commissioners would be involved is when staff has said no, and a petitioner wanted a second chance. Senior Planner Buaku thanked Commissioner Fuertes and stated that staff will add the recommendation to the list of potential changes during the UDC rewrite. There was 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 23-18 and called for a vote. Motion passed 5-0. DISCUSSION ITEMS 1. City Council Update Report: Senior Planner Buaku stated there were no updates and any updates will be presented at the next P&Z Regular meeting. 2. Commissioners Activity Report: There was no additional information the commissioners wanted to add. 3. Next P&Z Regular Meeting: December 18, 2023 ADJOURNMENT Chairperson Isenberg adjourned the P&Z Regular meeting at 6:41 P.M. These minutes were respectfully submitted by: )(1.1 Jennifer Danley, Executive Assistant Minutes approved as submitted and/or corrected on this 18th day of December 2023, A.D. Derrell Isenberg, PIannI& Zoning Chairperson