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2024-09-16 Planning and Zoning Regular Meeting MinutesMINUTES OF THE REGULAR MEETING HELD IN -PERSON BY THE PLANNNG AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, SEPTEMBER 16, 2024, AT 6:30 PM IN COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Henry Fuertes opened the meeting for the P&Z Regular Meeting at 6:30 P.M. In attendance were: P&Z Chairperson Henry Fuertes P&Z Vice Chairperson Derrell Isenberg P&Z Commissioner Thomas Echols P&Z Commissioner Trey Haskins P&Z Commissioner Jennifer Henrichs P&Z Commissioner John McDonald P&Z Commissioner Jenifer Stockdick Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Francisco Reyes, Community Development Director Vance Wyly, Community Development Deputy Director Martin Griggs, Planning Manager Katya Copeland, Senior Planner Florence Buaku, Planner II Katie Peterson, 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 Jennifer Henrichs and Commissioner John McDonald from the August 19,2024, P&Z Regular Meeting. Consideration and Possible Action - Approval of Minutes - Approve the P&Z Regular Meeting minutes from August 19, 2024. Consideration and Possible Action - PLAT 24-65: Preliminary Plat of Pearland Town Center Multifamily Public Hearing: A request by Lucy Magana, Windrose Land Services, applicant, on behalf of CBL Pearland Town Center Op PropCo and Pearland Town Center LP, owners; for approval of the preliminary plat and replat of lots 14, 15, and 16 of the Pearland Town Center Planned Unit Development, on approximately 13.69 acres of land, to wit: Legal Description: A subdivision of 13.69 acres, being a replat of Lots 14, 15, 16 of the Amending Plat of Pearland Town Center, Doc No. 2008005836 B.C.P.R situated in the H.T & B.R. R Survey Section 81, abstract No. 300, City of Pearland, Brazoria County, Texas. General Location: South of Broadway Street, East of Kirby Drive and West of Business Center Drive, Pearland, Texas. Consideration and Possible Action - PLAT 24-52: Preliminary Plat of the 14500 Furman Subdivision Burns and McDonnell Engineering Company applicant on behalf of Burns and McDonnell Project Investments owner for the approval of a preliminary plat of 14500 Furman Subdivision, creating 2 lots on 9.042 acres located off the intersection of Sam Houston Parkway East and Tom Bass Park Road to wit: Legal Description: A tract of land containing 9.042 acres in the DR Drake Subdivision, Abstract No. 181, In the City of Pearland, Brazoria County, Texas. General Location: West side of Tom Bass Park Road, 425 feet South of Sam Houston Parkway East, Pearland, Texas. Chairperson Fuertes asked for the motion to approve the Consent Agenda. Vice Chairperson Isenberg made the motion to approve the consent agenda, and Commissioner Echols seconded the motion. Motion passed 7-0. ITEMS REMOVED FROM THE CONSENT AGENDA None NEW BUSINESS Chairperson Fuertes read into the record the item on Consideration and Possible Action — VARP 24-07: Variance from the 3:1 Maximum Lot Depth to Lot Width Ratio and the Minimum Lot Width in the Neighborhood Services Zoning District. Consideration and Possible Action - VARP 24-07: Variance from the 3:1 Maximum Lot Depth to Lot Width Ratio and the Minimum Lot Width in the Neighborhood Services Zoning District A request by Garrett Carter of Hankins Development, applicant, on behalf Anthony Giuliani, owner, for approval of a variance permitted in Section 2.6.1.1 (b)(1) of the Unified Development Code (UDC), Ordinance No. 2000-T, from the requirements of Section 2.4.4.4 (c) and Section 3.2.14.2 (c) of the UDC to allow the creation of a lot that is less than the minimum lot width in the Neighborhood Services district and exceeds the maximum 3:1 lot depth to width ratio, on approximately 9.61 acres described to wit: Legal Description: Being a tract or parcel of land containing 9.6135 acres of land, (418,766 Square feet), out of lot 76, George W. Jenkins Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall survey. Abstract no. 70, according to the map or plat recorded in Volume 79, page 616, of Brazoria County, Texas. General Location:3205 Dixie Farm Road, Pearland, Texas. Senior Planner Buaku presented the staff report with exhibits. Mrs. Buaku stated the request is for two variances one is to request a variance from the minimum lot frontage in the Neighborhood Services (NS) District and second is a variance from the maximum 3:1 lot depth ratio. Mrs. Buaku discussed the required lot frontage, the lot depth ratio, and that the plat is composed of four lots and a flag lot. Mrs. Buaku stated the variance meets most of the criteria of the Unified Development Code (UDC) and staff is recommending approval. Applicant, Anthony Giuliani at 3205 Dixie Farm Road, Pearland, Texas, 77581, mentioned that he needed exactly what was proposed and that they are aiming to keep the lot depth consistent with the back of the property. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Henrichs recused herself from chambers at 6:35 pm. Commissioner Stockdick seconded the motion. Chairperson Fuertes suggested that the UDC rewrite should address these types of requests so that they can be decided by staff. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — VARP 24-07: Variance from the 3:1 Maximum Lot Depth to Lot Width Ratio and the Minimum Lot Width in the Neighborhood Services Zoning District. Commissioner McDonald made the motion to approve the variances, and Commissioner Stockdick seconded the motion. Motion passed 6-0. Chairperson Fuertes read into the record the item on Consideration and Possible Action — PLAT 24-62: Preliminary Plat of Dixie Farm Commercial Subdivision. Consideration and Possible Action - PLAT 24-62: Preliminary Plat of Dixie Farm Commercial Subdivision A request by Garrett Carter of Hankins Development, applicant, on behalf Anthony Giuliani, owner, for approval of the preliminary plat of Dixie Farm Commercial Subdivision, creating 4 lots on approximately 9.6 acres described to wit: Legal Description: Being a tract or parcel of land containing 9.6135 acres of land, (418,766 Square feet), out of lot 76, George W. Jenkins Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall survey. Abstract no. 70, according to the map or plat recorded in Volume 79, page 616, of Brazoria County, Texas. General Location: 3205 Dixie Farm Road, Pearland, Texas. Senior Planner Buaku presented the staff report with exhibits. Mrs. Buaku stated the request is to approve a preliminary plat to create four commercial lots in the NS District, which is related to the previous variance. Mrs. Buaku pointed out that access to the site will be provided by a shared access easement from Dixie Farm Road. Mrs. Buaku stated that the variances meet all criteria of the UDC, and staff recommends approval. Owner, Anthony Giuliani at 3205 Dixie Farm Road, Pearland, Texas, 77581, was in attendance in - person in Council Chambers to answer any questions for the P&Z Commission. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Chairperson Fuertes asked staff for clarification on the cross -access agreement on the property. Senior Planner Buaku stated the intent is to have cross access through lot two. Owner, Anthony Giuliani stated lot two agreed upon purchase to allow cross access through their lot. Commissioner Echols asked staff that if there would be access from Dixie farm Road to lot one. Mrs. Buaku stated no that the only access is through shared access easement. Assistant City Attorney Provins explained the location of access and restrictions will be documented on the final plat. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — PLAT 24-62: Preliminary Plat of Dixie Farm Commercial Subdivision. Commissioner Haskins made the motion to approve the preliminary plat and Commissioner Stockdick seconded the motion. Motion passed 6-0. Commissioner Henrichs joined the meeting at 6:45 pm. Chairperson Fuertes read into the record the item on Consideration and Possible Action — VARP 24-06: Variance from the Minimum Lot Width in the SR-12 District (Sharon Cove) and to create a Dead-end Street that is more than 600 feet long. Consideration and Possible Action - VARP 24-06: Variance from the Minimum Lot Width in the SR-12 District (Sharon Cove) and to create a Dead-end Street that is more than 600 feet long Public Hearing: A request by CL Davis and CO, applicant, on behalf of the City of Pearland and Landowners in the Sharon Cove Subdivision, owners; for approval of a Variance Permitted in Section 2.6.1.1 (b) (1) from Section 2.4.2.4 (c)(1) and Section 3.2.6.4(1) of the Unified Development Code, Ordinance No. 2000-T from the minimum lot width requirement in the Suburban Residential 12 (SR-12) District and the maximum length of a cul-de-sac, to wit: Legal Description: A subdivision of 9.2452 acres, out of Lots 49 and 50 of the Allison Richey Gulf Coast Homes CO, Part of Suburban Gardens, Vol, 2 Pages 23-24 B.C.P.R, City of Pearland, Brazoria County, Texas. General Location: Southwest corner of Roy Road and Sharon Drive, Pearland, Texas. Senior Planner Buaku presented the staff report with exhibits. Mrs. Buaku stated that the request is for approval of a variance from the minimum lot width requirement in the Suburban Residential- 12 (SR-12) District and to extend the maximum length for a dead-end road. Mrs. Buaku discussed the UDC requirements, the history of the subdivision and property agreement, and the dedicated Right of Way (ROW) for access to the dead-end road. Mrs. Buaku stated that the variances meet all the approval criteria of the UDC, and staff recommends approval. Applicant, Chuck Davis at 1500 Winding Way, Friendswood, Texas 77546, was in attendance in - person in Council Chambers to answer any questions for the P&Z Commission. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner McDonald asked staff if the 2006 subdivision agreement was approved by Council. Assistant City Attorney Provins discussed the subdivision agreement with the P&Z Board. Commissioner Haskins asked staff if the infrastructure was built and if there was a formal agreement with the developer to completing the cul-de-sac. Assistance City Attorney Provins stated the developer's obligation to develop the road and the City's obligation to plat. Chairperson Fuertes asked staff why a variance was being requested instead of a zone change. Mrs. Buaku discussed that a variance was a better way of handling the request since all the other lots meet the requirement. Commissioner Haskins asked for clarification on the lots being platted. Mrs. Buaku stated that the property will be platted as four separate lots. Commissioner Haskins asked staff if the lots were developed. Mrs. Buaku stated that most of the lots are vacant, and some have development. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — VARP 24-06: Variance from the Minimum Lot Width in the SR-12 District (Sharon Cove) and to create a Dead-end Street that is more than 600 feet long. Vice Chairperson Isenberg made the motion to approve the zone change and Commissioner Haskins seconded the motion. Motion passed 7-0. Chairperson Fuertes read into the record the item on Consideration and Possible Action — PLAT 24-61: Final Plat of the Sharon Cove Subdivision. Consideration and Possible Action - PLAT 24-61: Final Plat of the Sharon Cove Subdivision Public Hearing: A request by CL Davis and CO, applicant, on behalf of the City of Pearland and Landowners in the Sharon Cove Subdivision, owners; for approval of a final plat of the Sharon Cove Subdivision, creating 11 lots and dedicating a public right-of-way, on approximately 9.2 acres of land, to wit: Legal Description: A subdivision of 9.2452 acres, out of Lots 49 and 50 of the Allison Richey Gulf Coast Homes CO, Part of Suburban Gardens, Vol, 2 Pages 23-24 B.C.P.R, City of Pearland, Brazoria County, Texas. General Location: Southwest corner of Roy Road and Sharon Drive, Pearland, Texas. Senior Planner Buaku presented the staff report with exhibits. Mrs. Buaku stated that the request is to create 11 lots and dedicating a 64-foot-wide public right-of-way in the Suburban Residential- 12 (SR-12) District. Mrs. Buaku discussed the plat will formalize the subdivision and fulfill the City's obligation. Mrs. Buaku pointed out that the final plat meets all the criteria of the UDC, and staff recommends approval. Applicant, Chuck Daniels at 1500 Winding Way, Friendswood, Texas 77546, was in attendance in -person in council chambers to answer any questions for the P&Z Commission. Chairperson Fuertes called for public input. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action — PLAT 24-61: Final Plat of the Sharon Cove Subdivision. Commissioner McDonald made the motion to approve the final plat, and Commissioner Stockdick seconded the motion. Motion passed 7-0. Chairperson Fuertes read into the record the item on Input and Discussion — Proposed Amendments to the Unified Development Code Pertaining Tree Preservation Ordinance. Staff and the P&Z Board discussed how to proceed with the agenda item Proposed Amendments to the Unified Development Code due to a posting error of the agenda item. Input and Discussion - Proposed Amendments to the Unified Development Code Pertaining Tree Preservation Ordinance Public Hearing: A request by the City of Pearland, applicant, for approval of a proposed amendment to the Unified Development Code (UDC), Ordinance No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development Code, to include: 1. Amendments to Chapter 4, Section 4.2.3.7 (c), Tree Replacement Requirements, to amend the mitigation fee. 2. Amendments to Chapter 4, Section 4.2.3.7 (c), Tree Replacement Requirements, to allow waiver of mitigation fee for damaged or diseased trees. 3. Amendments to Chapter 4, Section 4.2.3.7 (d), Tree Mitigation Fee Credit, to remove prohibition on credit for minimum landscape requirements. 4. Amendments to Chapter 4, Section 4.2.3.7 (e), Tree credits, to allow preservation account for 100% of tree mitigation instead of 25%. 5. Amendments to Chapter 4, Section 4.2.3.7 (e), Tree credits, to allow planting of required tree mitigation in residential subdivisions. 6. Amendments to Chapter 4, Section 4.2.3.7 (e), Tree credits, to create a credit schedule for up -sizing proposed planted trees to meet tree mitigation. 7. Amendments to Chapter 4, Section 4.2.3.7 (c), Tree Replacement Requirements, to establish a mitigation fee cap. Deputy Director Griggs presented the staff report with exhibits. Mr. Griggs discussed the intention of the tree preservation ordinance and the additional research done by staff. Mr. Griggs explained that the tree mitigation fee is calculated by multiplying the number of inches of each protected tree being removed by the size of the tree, and then by the dollar amount, resulting in the total mitigation fee. Mr. Griggs discussed the following proposed amendments: 1. Increase tree preservation credits from 25% to 100% for up -sized landscaping trees, providing developers greater flexibility. 2. Incentivize larger tree planting with a new credit schedule to encourage the planting of more mature trees. 3. Allow trees planted in residential developments to count toward mitigation, reducing reliance on mitigation fees while supporting the city's overall canopy goals. 4. Raise the tree mitigation fee from $200 per inch to $300 per inch, reflecting current planting costs and inflation. 5. Authorize the Urban Forester to waive fees for trees that are diseased, dead, or pose an imminent danger, to ensure fairness. 6. Establish a tree mitigation fee cap: • Option A: Fee will not exceed 95% of the site's tax value. • Option B: Fee will not exceed 10% of the development's valuation. Mr. Griggs discussed the tree mitigation fees assessed by the researched cities using a standardized example project. Mr. Griggs mentioned the fee -in -lieu rates of the different diameter of trees each of the researched cities protects and most of the cities capture eight inches and above whereas the City of Pearland captures 12 inches and above. Mr. Griggs provided examples of tree mitigation fee calculations, including the current and the proposed increased fees, as well as the fee cap with and without credits applied. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner McDonald asked staff the urgency of the tree amendment, suggested it could be addressed during the rewrite of the UDC. Director Wyly stated that staff received specific direction from Council to pursue this amendment in a timelier manner than the UDC rewrite. Mr. Wyly discussed the timelines of the UDC rewrite process. Commissioner McDonald asked staff what percentage of commercial projects are delayed due to tree permitting. Director Wyly stated that we heard both sides regarding the delay and it would be difficult but not impossible to obtain that quantitative information. Commissioner McDonald discussed how the City of Pearland ranks at the bottom compared to other cities and suggested simplifying the ordinance to make it easier to understand. Mr. Wyly discussed staff's research on the tree ordinance, the creation of a focus group during the UDC rewrite for a formal update to the tree ordinance, and staff's analysis to ensure the program emphasizes planning and preservation overpaying a fee. Commissioner McDonald discussed the issue of the limited number of available lots in the City, how the ordinance amendments impact small business owners since they fall under the cap and would like the commission to recommend a solution. Commissioner Haskins asked staff who verifies the tree inventory on the lot. Mr. Wyly stated there is an Urban Forester on staff and part of the review process for tree mitigation is a tree survey. Commissioner Haskins discussed the mitigation fee cap with staff. Commissioner McDonald briefly outlined the development process. Commissioner Henrichs asked staff if they only mitigate trees that are 12-inch in diameter. Deputy Director Griggs replied yes. Commissioner Henrichs remarked that the mitigation fee was shockingly high. Mr. Wyly stated the mitigation example was based on a tree survey of 12-inch trees. Commissioner Henrichs asked staff how the final plat could be filed without the trees. Mr. Griggs stated that a note would be added to the final plat, and it would be the responsibility of the review staff to confirm that the tree was planted. Mr. Wyly discussed the intent of the amendment to the tree preservation ordinance. Commissioner Stockdick asked staff about the balance of the Tree Trust Fund and how the fund is used. Mr. Griggs stated the Tree Trust Fund is used for tree planting throughout the city, educational purposes, and various materials to encourage the planting and preservation of trees throughout the city. Mr. Griggs added the fund has a balance of around one million dollars, which is also used to replenish trees with development projects. Chairperson Fuertes discussed the challenges the development valuation cap poses for developers and expressed a preference to basing mitigation costs on the diameter of trees. Chairperson Fuertes also touched on the positive and negative impacts of different tree species on buildings and infrastructure. Commissioner Haskins ask staff if other cities have mitigation caps on their trees, and what the limits of those caps are. Mr. Griggs stated that it was difficult to find cities that had caps on their tree mitigation fees. Commissioner Haskins asked staff if other city's tree mitigation fees are difficult to understand. Mr. Griggs discussed the three methods for determining mitigation fees and explained that calculating tree value inch by inch is a newer approach. Vice Chairperson Isenberg complemented staff and discussed that the tree ordinance should be more understandable. Commissioner Henrichs stated that staff should work with owners and developers to preserve trees such as reducing retention or parking requirements when developing on lots with large trees. Commissioner Echols discussed that the mitigation fee should be fair across the board and the tree ordinance is complex and restricts development. Mr. Wyly stated the original intent of the ordinance was to have trees evenly distributed throughout the community and the fee is higher than necessary to encourage planting versus paying a fee. Chairperson Fuertes recommended that the city purchase the land where the legacy trees reside to develop for community use and suggested that the city promote planting larger shade trees in the parking lots. Commissioner Echols ask staff if there is tree mitigation for residential lots. Mr. Griggs stated that a residential property does not have tree mitigation as long as a single-family resident is living on the property and that the mitigation fee is assessed when a vacant lot with trees is being developed. There was no further discussion from Staff, P&Z Commission or Public input. DISCUSSION ITEMS 1. City Council Update Report: Deputy Director Griggs stated that at the September 9, 2024, Council meeting there was a variety of items presented. Mr. Griggs discussed the first reading of ZONE 24-15, regarding a newly annexed property on Glenview Drive to be designated as Single -Family Residential-3 (R-3) District. Mr. Griggs mentioned that the council denied the approval of ZONE 24-13, a zone change from Single -Family Residential-1 (R-1) District to R-3 District for a property located at Fite Road. Mr. Griggs stated that CUP 24-19, a request for an accessory dwelling at 2104 West Mary's Creek Lane, was approved with the condition that the accessory dwelling remain with the family. Mr. Griggs discussed that Council approved CUP 24-20, a request for a performing arts studio within the Light Industrial (M-1) District located at Halik Street. Mr. Griggs added that the second reading of the Comprehensive Plan was approved by a 7-0 vote and will be posted on the city's website after updates that were recommended by Council. 2. Commissioners Activity Report: None. 3. P&Z Regular Meeting: October 7, 2024. City Council & P&Z Joint Workshop, October 14, 2024 ADJOURNMENT Chairperson Fuertes adjourned the P&Z Regular meeting at 8:20 P.M. These minutes were respectfully submitted by: Jennifer Danley, Executive Assistant Minutes approved as submitted and/or corrected on this 16th day of September 2024. / Henry Fuertes, Planning(& Zoning Chairperson