The URL can be used to link to this page

Home My WebLink About12/15/2022 - Minutes - Planning & Zoning CommissionDecember 15, 2022 Planning and Zoning Commission Minutes Page 1 of 6 Minutes Planning and Zoning Commission Regular Meeting December 15, 2022 COMMISSIONERS PRESENT: Acting Chairperson Jason Cornelius, Commissioners Bobby Mirza, Mark Smith, Melissa McIlhaney, and Thomas Jackson COMMISSIONERS ABSENT: Chairperson Dennis Christiansen COUNCIL MEMBERS PRESENT: Councilmember Dennis Maloney CITY STAFF PRESENT: Director of Planning and Development Services Michael Ostrowski, Assistant Director of Planning and Development Services Molly Hitchcock, Transportation Planning Coordinator Jason Schubert, Land Development Review Administrator Anthony Armstrong, Senior Planner Jeff Howell, Staff Planner Robin Macias, Engineer I Lindsey Pressler, Assistant City Attorney II Leslie Whitten, Administrative Support Specialist Kristen Hejny, and Technology Services Specialist Jeremy Halling 1. Call Meeting to Order, Pledge of Allegiance, Consider Absence Request. Acting Chairperson Cornelius called the meeting to order at 6:00 p.m. 2. Hear Visitors No visitors spoke. 3. Consent Agenda 3.1 Consideration, discussion, and possible action to approve meeting minutes. • November 17, 2022 3.2 Presentation, discussion, and possible action regarding a Final Plat for Emerald Ridge Estates Phase IIIB being a replat of Emerald Ridge Estates Phase IIIB Block 1, Lot 1 on approximately 2.381 acres of land, generally located at the intersection of Emerald Parkway and Rolling Hill Trail. Case #FP2020-000047 Commissioner McIlhaney motioned to approve the Consent Agenda, Commissioner Jackson seconded the motion, the motion passed 4-0. 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission Action. No items were removed. December 15, 2022 Planning and Zoning Commission Minutes Page 2 of 6 5. Regular Agenda 5.1 Public Hearing, presentation, discussion, and possible action regarding waiver requests to Unified Development Ordinance Section 8.3.H.2, ‘Platting and Replatting within Older Residential Subdivisions’ and presentation, discussion, and possible action regarding a Final Plat for College Hills Estates, Third Installment, Block 17, Lots 9 (part of), 10 & 11 on approximately 0.922 acres, located at 1305 Walton Drive. Case #FP2022-000029 Staff Planner Macias presented the waiver requests and Final Plat to the Commission recommending denial. Commissioner Mirza asked how the applicant is planning to develop the site. Applicant, Kurt Fisher, College Hills Estates, presented to the Commission stating that he is planning to develop two structures as rental properties on the site. Commissioner Jackson asked the applicant for the reasoning behind his understanding that this property contains two building plots. Kurt Fisher explained that the prior owner and realtor claimed that there were two buildable plots, along with the original plat from the Brazos County Appraisal District and the Title Company showing two lots. Commissioner Jackson stated that the focus should be on the plat, the legal document. Kurt Fisher clarified that this property contains two lots. Staff Planner Macias stated that staff considers this to be a building plot on two lots and a portion of another lot. Staff Planner Macias also stated that the home was built across property lines and did not meet the setback requirements. Staff Planner Macias also stated that when a new building plot is submitted to staff, it must be replatted to go back to the original lot or a new configuration. Commissioner Mirza asked if the previous structure sat on two lots. Staff Planner Macias confirmed that the previous structure, which has been demolished, was constructed on lot 10 and partially on lot 11. Staff Planner Macias also stated that being built across the property line with common ownership makes this one building plot. Staff Planner Macias further stated that the structure did not meet the setback requirements on lots 10 or 11. Commissioner McIlhaney asked when the applicant closed the sale on this property. Kurt Fisher confirmed that he closed on the property in January 2022. December 15, 2022 Planning and Zoning Commission Minutes Page 3 of 6 Commissioner McIlhaney stated that staff provided the Commission emails dated December 2021, showing that staff informed the applicant of the requirement to replat the property and the requirement in which the lot widths conflict. Kurt Fisher clarified that he did not know if the lot widths conflicted pre or post replat. Commissioner McIlhaney reiterated that the applicant was provided information on the requirements to plat or replat the property. Kurt Fisher stated that his attorney and title company believed the lot width requirements were not applicable because the applicant did not intend to plat or replat the property. Commissioner McIlhaney clarified that the City had informed the applicant that there would be a replat and asked if the City’s Legal Department had reviewed the request. Assistant City Attorney Whitten stated that the City Attorney’s Office believes that the Unified Development Ordinance (UDO) is in compliance with state law. Acting Chairperson Cornelius opened the public hearing. Suzanne Droleskey, College Hills Woodlands, spoke in opposition of the replat citing concerns for neighborhood integrity and a violation of the UDO. Shirley Dupriest, College Park, spoke in opposition of the replat citing concerns for UDO requirements. Charles Vesperman, College Hills Woodlands, spoke in opposition of the replat citing concerns for a commercialized neighborhood. Nan Crouse, College Hills, spoke in opposition of the replat citing concerns for rental properties, unaffordable home ownership, and traffic. Thelma Isenhart, College Hills Estates, spoke in opposition of the replat citing concerns for rental homes and the adjacent school. Cynthia Dew, College Hills Estates, spoke in opposition to the replat citing concerns for rental properties. Susan Fox, College Hills Estates, spoke in opposition to the replat citing concerns for rental properties. Acting Chairperson Cornelius closed the public hearing. Commissioner Jackson asked if College Hills has applied for a Restricted Occupancy Overlay (ROO). December 15, 2022 Planning and Zoning Commission Minutes Page 4 of 6 Staff Planner Macias stated that a ROO application has not been submitted for this neighborhood. Commissioner Jackson clarified that in two lots versus one lot, the building plot matters. Commissioner Jackson also spoke on neighborhood preservation, reasonable use of land, and developer profit. Commissioner Jackson also stated that the applicant must work within the City’s constraints and regulations, sharing that he would not be in support of the waiver request. Commissioner McIlhaney motioned to deny the waiver requests. Commissioner McIlhaney stated that the applicant has missed the mark and must preserve the larger lot, clarifying that the City provided full disclosure and the UDO restricts this development. Commissioner Mirza spoke in opposition to replatting into two separate building plots. Acting Chairperson Cornelius stated that the applicant's concerns that he was not made aware of the hardships involved, but that staff made the applicant aware in a timely manner, before the purchase of the property. Commissioner Jackson seconded the motion, the motion to deny the waiver requests passed 4-0. Commissioner McIlhaney motioned to deny the plat, Commissioner Mirza second the motion, the motion to deny passed 4-0. 6. Informational Agenda 6.1 Discussion of new development applications submitted to the City. New Development Link: www.cstx.gov/newdev There was no discussion. 6.2 Discussion of Minor / Amending Plats approved by Staff: • Creekridge Estates Phase 1, Block 1, Lots 9R, 10R, & 12R ~ Case #FP2021-000031 There was no discussion. 6.3 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings: • Thursday, January 5, 2023 ~ P&Z Meeting ~ 6:00 p.m. • Thursday, January 12, 2023 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. (Liaison – Cornelius) • Thursday, January 19, 2023 ~ P&Z Meeting ~ 6:00 p.m. December 15, 2022 Planning and Zoning Commission Minutes Page 5 of 6 • Thursday, January 26, 2023 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. (Liaison – McIlhaney) There was no discussion. 6.4 Presentation and discussion regarding an update on items heard: • A Rezoning for approximately five acres located at 404 Harvey Mitchell Parkway South from PDD Planned Development District to PDD Planned Development District to amend the Concept Plan. The Planning & Zoning Commission heard this item on November 3, 2022 and voted (7-0) to recommend approval. The City Council heard this item on November 21, 2022 and voted (7-0) to approve the request. • A Rezoning for approximately two acres located at 2849 Barron Road from PDD Planned Development District to PDD Planned Development District. The Planning & Zoning Commission heard this item on November 17, 2022 and voted (7-0) to recommend approval. The City Council heard this item on December 8, 2022 and voted (7-0) to approve the request. • A Rezoning for approximately 45 acres located at 700 Scott & White Drive from PDD Planned Development District to PDD Planned Development District to amend the Concept Plan. The Planning & Zoning Commission heard this item on November 17, 2022 and voted (7-0) to recommend approval. The City Council heard this item on December 8, 2022 and voted (7-0) to approve the request. • A Rezoning for approximately 17 acres located at 400 Double Mountain Road from O Office to MF Multi-Family. The Planning & Zoning Commission heard this item on November 17, 2022 and voted (5-2) to recommend approval. The City Council heard this item on December 8, 2022 and voted (5-2) to approve the request. There was no discussion. 6.5 Discussion and review regarding the following meetings: Design Review Board, BioCorridor Board. • None There was no discussion. 7. Discussion and possible action on future agenda items. A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There was no discussion. December 15, 2022 Planning and Zoning Commission Minutes Page 6 of 6 8.Adjourn The meeting adjourned at 7:16 p.m. Approved: Attest: ___________________________________ _________________________________ Jason Cornelius, Acting Chairperson Kristen Hejny, Board Secretary Planning & Zoning Commission Planning & Development Services