Planning & Zoning Commission - Regular Meeting

Heat. Heat. Thank you. Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat.

Ha. Ha. Oh, hey. Oh, heat. Hey. Oh, woo. Heat.

Heat. Okay. See, I'm going to call this meeting of uh planning and zoning um commission uh to order at 6:30 uh April the 20th, 20 uh 2026. Um we uh we have a quorum one one commissioner missing uh commissioner orno and uh so that turns it over to staff

for introduction of agenda and for format staff

Katie. Good evening, commissioners. Tonight, the format of the hearing will be as typical with a call to order followed by a staff report. Then the chair could open the floor for an applicant presentation, and receive any public comments in support or opposition of the application. If there is any public comment tonight, please ensure to state your name for the record, be brief and to the point within a threeminut time frame. Following public comment will be commission and staff discussion and then the commission will vote to recommend approval as presented. Approval with conditions denial of the request or table the item. The city council consideration of the cups which are on tonight's agenda will be on the Monday May 11th city council agenda. On the consent agenda tonight we have the minutes from the March 30th meeting. And for new business, we have a variance for the minimum lot width dep width requirement in Oldtown site mixed use. We have a variance from the 3:1 maximum lot depth to width ratio in the Garden OD mixeduse district. We have a residential replplat of Hickory Creek Place number one. Um this is a replplat which has the plat variance prior to it. So, um, plot or plot variance 122, item number two on the agenda here, does need to be approved in order for RPL 20260088's consideration. Um, and then there is a conditional use permit for an accessory dwelling unit in the single family residential or R1 district on Wilky Road. And there is a conditional use permit for an adult daycare center in the neighborhood service district which is at 7924 Broadway Street 102

the agenda.

Okay. Thank you. All right. That takes us to the consent agenda. I'll then entertain a motion and a second for uh accepting the uh minutes for the uh consent agenda. Commissioner Haskins, a motion to approve. Commissioner Commissioner for second.

Okay. Any conversation about it? All right. Call for the vote. All those in favor sign by raising your right hand. That is one, two, three, four, five, six. Six to zero. I can count. All right. Uh being that we had no items moved from consent agenda, that moves us into new business. Uh consideration and possible actions. uh VAP2 2026-0158 variance from the minimum lot width uh requirement in the Oldtown site mixed use uh district to replplat six existing lots into three a request by Brian Star applicant on behalf of Grand Development LLC owner for approval of uh variance permitted in the UNI uh unified development code ordinance uh number 2000-T from the minimum lot width requirement in the Oldtown site mixed juice district. Uh located general location 2525 2527 and 2531 South Grand Boulevard, Paraland, Texas. Uh I'll take a entertain a motion and a second for approval.

Commissioner Fuertes. Motion to approve. Commissioner Ko second. Okay. Thank you'all. Uh that takes us to uh staff report.

Good evening everyone. Thank you chair. As the title states, this is a variance request to the minimum lot width requirement in the Oldtown mixeduse zoning district to replplat six existing lots into three lots. The minimum required lot width in OTMU is 50 ft and the applicant is proposing a design plan that has 49.33 feet of lot width. In November of 2025, city council approved a conditional use permit for a dwelling two family on this site. And with the site plan on the right side of the screen, this may start to look familiar to some of you all. You can see on that right side the proposed site plan or proposed plat, excuse me. And with that, staff recommends approval of the requested variance. I'll pass it back to you, chair. Thank you.

Okay, that moves it into the applicant's presentation. Is the applicant present?

Okay, thank you. Uh that uh that takes us to person uh persons wishing to speak for or against this. Uh seeing no one moving, I'm going to ask one more time anyone to w uh wishing to speak for against this item. All right, seeing none that we're going to take it on to the commission. Uh does anybody on the commission have any questions? Okay, Henry, go ahead. Um, so my understanding is you're asking to be uh to go from a 50 foot minimum to a 49.3 foot minimum. We're talking that much. Um, I I definitely don't have a problem with that. I I guess my my question would be the um the current builder out there, Sullivan Brothers and their project, their lot sizes are significantly smaller. Is that because it's in a PD? Their their particular developments in a PD and so that was one of the variances that was granted in the PD. I can look for you

and it's no big deal. Sta staff recommends approval. I don't have an issue. So, um is is also the 50 foot to allow for the duplex type building. It is it is to accommodate the design that city council approved in November and with the current configuration of the six lots transforming it into three lots. The 50 just barely misses that mark.

No worries. Don't even need to look it up. My apologies for asking such a dumb question. Good luck to you. Okay. Anyone else? Okay, so let's call for the vote. All those in favor, sign by raising your right hand. All those in favor uh against same sign. It passes six to zero. That takes us to item two, consideration and possible action VAP2026-0122 variance from the 3.1 3:1 uh maximum lot depth to lot width ratio. A request by Donna Eckles uh Proserve applicant on behalf of Ro J. Badilo Pena uh owner for approval of a variance permit permitted in section 2.6.1.1 B1 of the Unified Development Code ordinance number 2000-T from section 3.2.14.2C 2 C to allow the creation of two lots which exceeds the maximum of 3 to one lot depth to uh lot width ratio in the Garden O day mixed use district on approximately 6 313 acres lot described. Uh general location is south of 2130 OD road, Periland, Texas. Um I'll entertain a motion in a second for approval.

Commissioner Haskins motion to approve. Henrik second. All righty. Thank y'all. That takes us to staff report.

Good evening, commissioners. Tonight's request is for a variance to allow for the creation of two lots that exceed the maximum 3:1 lot depth to lot width ratio in the garden o day mixeduse district. The proposed lot width and lot depth on the lots are 62.5 ft in width and 220 ft in depth. Seen here is the aerial and zoning map with the subject property bordered by the R1 zoning district and garden oay mixeduse zoning district. You can see here the lot width and lot depth in a portion of the proposed residential replplat. As you look at the plat listed in the report, you'll notice a discrepancy in the acreage. However, the dimensions are correct. The correct acreage is 0.3156 acres as shown here. And this correction will be made prior to recordation of the plat. Staff recommends approval of the variance with the proposed reasons. conclude staff report.

Thank you. Is the applicant present? Uh do you wish to make a presentation or are you just here to ask questions?

Okay. Thank you. Um that takes it to persons wishing to speak for against this item. Seeing no one moving in that direction, I'll ask one more time. Anyone wishing to speak for against this item? Being none, that takes us to uh commission. Anyone wishing to speak? Okay, Henry's got a little bit. Um just for Miss Kitty's benefit to uh ask that this be in the UDC write up and I know you probably placed a bet that I would ask that.

I did not place any bets tonight on that. However, we will consider looking into that for the future in our UDC updates. And one followup that I didn't mention the previous case. It'd be a good time for a variance like that. And and I don't know how far along we are in the UDC writeup, but maybe a variance of of 10% or less could be handled at the staff level. And then if it's greater um or if it's a no by staff, they could always come back to us for a um you know a a second look. Yeah, that's a great comment. We'll write that down. Thank you.

Uh let's recognize what you just said. That was a great comment. Thank you.

Anybody else? Okay, let's call for the vote. All those in favor sign by raising your right hand. All those opposed, same sign passes six to zero. All righty. Uh item three, consideration of possible action RPL2026-0088 residential replat of Hickory Creek Place replat number one. A request by Donald Eckles prove applicant on behalf of Ro J. Did I already uh villa?

Okay. Owner for approval of the Hickory Creek Place lot uh 11 block 7 replat number one uh creating two lots on 6313 acres located at south of 2130 O Day Road Periland Texas. I'll entertain a motion in a second. Commissioner Haskins motion to approve. Commissioner Henrik second.

All right, we have a motion and a second. That takes us to staff report.

Tonight's request is for a residential replat related to the prior variance we just spoke about along OD Road. Staff has reviewed the request and recommends approval. All right. And again, questions only. Okay. And again, do we have anyone wishing to speak for or against this? All right. One more time. Anyone wishing to speak for or against this? All right. Seeing none, that opens it up to commission. Anyone wishing to speak this time? Seeing no one wanting to speak, we're going to call for the vote. All those in favor, sign by raising your right hand. All those opposed, same sign passes 6 to zero. That moves us on to consideration and possible action. Conditional use permit uh application CUP206-05 public hearing a request on uh Mario Marina applicant and owner for approval of conditional use permit for accessory dwelling unit uh used within the single family residential R1 district on approximately 1.001 001 acre of land. It's location 13 025 Wilk Road, Periland, Texas. Uh I'll entertain a motion in a second.

Commissioner Haskins. Motion to approve. Commissioner Ko second. All righty. That takes us to staff report.

Tonight's request is for a conditional use permit to construct an accessory dwelling unit within the single family residential one district. The applicant is proposing a 1,856qt accessory dwelling unit as a secondary residence for the owner's parents. The R1 zoning district requires approval of a cup to allow for this use. We have not received any public comments in support or against the proposal. Seven public notice letters were sent to all property owners within 200 ft and a notification sign was placed on the property. Shown here is the aerial and zoning map. The property is zoned R1 consistent with the zoning of the surrounding parcels. The land directly north is located outside of the city limits. Future land use plan designates the property as an established residential estate place type. The proposed use is consistent with the primary single family detached homes use identified for this place type. The site was annexed in 1960 and 1983. The initial plat was first recorded in 2004 and the plat was amended in 2020 sorry 2026. The proposed site plan is shown here with the accessory dwelling unit outlined in red on the left and Wilk Road. Sorry, the accessory dwelling unit is outlined on the right with Wilk Road shown going north on the left. The image on the right provides a more detailed view of the proposed accessory dwelling unit. The proposed use meets the criteria for the comprehensive plan, including the future land use map and the thoroughfare plan. The proposed CUP meets the established criteria for approval of a CUP. Staff recommends approval of the requested CUP with the condition that

the CUP shall only allow for the accessory dwelling unit to be occupied by a person who is related to the person who occupies the primary dwelling on the subject property. And that concludes staff report. All right. Thank you, staff. Is the applicant present? Uh, do you wish to make an application uh a presentation?

Okay. If we have any, we'll call you to the podium. All right. Thank you. That takes us to persons wishing to speak for against this. Seeing no one move in that direction, I'll ask one more time. Anyone wishing to speak for against this item? Seeing no one, that takes it to the commission and staff for discussion. Uh any well I I'll this is I usually am the last one, but I'll mention this uh on the ADUs. Uh it's been a a hot topic here lately and uh I I personally I I I don't see the problem with it. I personally do not see why uh that were even these are even brought to us. uh you know uh this is something that I think that neighborhoods that have HOAs uh and that they have deed restrictions uh I think this is something that the neighborhoods need to if they want them in their neighborhood and stuff then that's something that they are to do. I don't think that bringing it to to our city council or bringing it to the planning and zoning is the proper action. However, right now it is the proper action and we have to act on it. I personally don't have a problem with it. Um I I'm not speaking for everybody up here because they have different ideas on it. Uh but I I I see absolutely no reason why somebody especially that's got an acre of land uh can't have an ADU. The only thing that I was wondering, I mean, with an acre of land, you could have replanted that. That 1,800 square feet, that's a house. That's not a little apartment for mom

and dad to live in, you know. But, uh, but, uh, I'll be I'll be voting for this. U anybody else reminder and question here. Is is the neighborhood surrounding neighborhood the zoning is it large lot? Is it R2 R1? It's R1. This is R1.

The surrounding zoning is R1. R1. And and by definition the R1 is um 90 foot lot. Is that correct? Just give me a moment to No, no problem. And I I'm not trying to put you on the spot. And you've done a great job presenting, by the way. Thank you. You were asking about uh the wid the width minimum the width width minimum uh the typical or or dimminimous um square footage.

I don't know why I thought it was 80 or 90 feet. Tell him anything. There's millions of people watching. Not to put pressure on you, the minimum lot width is 80 ft for

80 ft. And with an acre of land, it could have been replatted um if it's R1. So, and I just wanted to make sure you're So I I I really feel like this is kind of a rural area. I mean that the the this area has a character similar to to ODAY and and Garden uh somewhat rural. So I really think the ADU rules, this is my opinion only. definitely is not in the ED uh UDC or council probably will not agree with this, but these kind of rules to me are more for a neighborhood like Green Tea that has uh no HOA or a voluntary HOA, but still the houses are compact and maybe it's maybe it's a deal there. Um and and like our chairman stated um you know this this is HOAs make decisions on this kind of stuff too. So I I don't have a problem with it. My first thought was this is a rural area. Let rural area do rural things.

Anyone else? Okay. Commissioner Knight, I have a I guess that's my concern is uh uh R1's have been single family and I understand, you know, y'all y'all are building it for somebody in your family to live there, but at some point you're going to sell this house and then that person may want to lease it out, rent it out, and that's going to defeat the R1. Um I I understand your position, but I'm probably going to vote no for it because I think that need to uphold the R1's in the city. The other option, like they said, was the replatting. I would have much preferred to see that that that it broken into two lots and you build on the second lot even though it's still for family and it's still owned by maybe by the same person. That's my feelings on it.

Go ahead. Respond to that. If you're going to respond, go to the podium. You got to go to the podium. State your name and address for the record. I know.

I apologize. I've never done this before. Um, my name is Ike Eleon. I live here in Penland. I've been here for 13 years with my family. Those are my in-laws. Uh, Mr. um u Mr. Moreno and the wife Margarita Moreno. Um, the son who is owns the property is not here today to because he's traveling. So, I'm just stepping in to speak on behalf of this um of this matter. Um the the lot was originally two two lots. I sorry I may not be using the right term but it was already two lots right because I think originally the plan was to build and sell but things over the years things have changed right and to where the parents are dependent on the on the children now right u Mrs. Moreno has a long-term chronic ailments and and Mr. they don't work anymore, right? So, this is all about and the the the son that's traveling is about to have start having his own family and right currently they live with him at his house, right? So, this is all about trying to get a bigger space, bring his family closer to him, right? So we I we we cannot speak to the intentions. I cannot speak to the intentions of 10 years from now or 50 years from now. But the need right now is to get them closer where they can get continue care. We can care for them because we're also close by. Right. So this is why we really need this.

All right. Anyone else? No follow-ups. Yeah. I just have a question for staff. Um if if the properties uh the ownership changes, does the CUP condition run with the Yes, the conditional use permit is tied to the site and not to the um owner. However, if the conditional use permit is abandoned for 6 months, it disappears like any use.

One more quick question. You can just Is the uh primary residence already been built? No. I answered no. No. Thank you.

All right. Uh if there's any more, not any more question, we're going to call for the vote. All those in favor, sign by raising your right hand. All those against same thing. All right. Passes five to one. All right. That takes us to consideration of possible action conditional use permit application CUP2026-0112 public hearing a request by Crystal Duncan applicant on behalf of Walk Jung UR for approval of conditional use permit for adult daycare center use within the neighborhood services district on approximately 5.5394 acres of land located at 7924 Broadway Street suite 102 Paraland Texas. Can I have a motion and a second for approval?

Anyone? Have a motion for approval. Commissioner Henrik. Second. All right. I have a motion in a second. That takes us to staff report.

Tonight's request is for a conditional use permit to occup to operate as an adult daycare center in an existing 1,800 square foot building at 7924 Broadway Street within the neighborhood service district. I would like to note that the staff report lists the square footage as 18,000 square feet and this figure will be updated to correct 1,800 square feet before going to council. The neighborhood service district requires approval of a CUP to allow for this use. We have not received any public comments in support or against the proposal. 15 public notice letters were sent to all property owners within 200 ft and a notification sign was placed on the property. The property is zone neighborhood service. To the west, the land is zoned general business and is developed with a bank. The prop the property to the south is used for multif family apartments while the track to the east is zone neighborhood service and remains vacant. The future land use map plan designates the property as a commercial center place type. The proposed use is consistent with the secondary institutional use identified for this place type. The site began development in 2003 and 2004 and was annexed in 2006. Two cups have been previously issued on the property, one in 2008 for a church and another in 2021 for an adult daycare center. However, this is the first cup for this specific suite. The proposed site plan is shown here with no changes from the previous tenant for this proposed land use. The proposed use meets the criteria for the comprehensive plan, including the future land use map and the thoroughfare plan. The proposed CUP meets the established criteria for approval of a CUP. Staff recommends approval of the requested CUP for an adult daycare center within the neighborhood service district.

That that concludes staff report. Thank you. Thank you. Okay. Uh applicant presentation just for questions. Okay. We'll call you if we need you then. Uh that takes it to persons wishing to speak for against this. Seeing no one else in the room, we'll just go on to staff and uh commission's application for discussion. Okay. I just I just want to say that this is um a much needed business service in every community and I'm appreciate anybody that actually does this. So, thank you.

Commissioner Knight, I have a question. Is it I looked it up. I think you're not already operating on Cullen right around the corner. Wonderful. I hope this is a bigger place for you. Just for the record, that was a confirmation from the uh from the applicant. Um years ago, we had a neighborhood services um facility, building, retail site, I would have called it the old movie theater. Um, the old movie theater was the the entire thing was neighborhood services and and goodness, every time a restaurant needed to come in or or there was a business that wanted to come in, they had to come to us for a cup. Um, and when the rest one of the restaurants we we had already met with when they wanted to do outdoor seating, it again they had to come back for a c an additional cup. And we finally got to the point where where we suggested and maybe it was me, I don't remember. I want to take credit for it. Um that that the entire uh shopping center be reszoned to a general business so that we could avoid something like that. I look at the overhead. I've been to that center before for multiple uh multiple businesses there. I kind of feel it's the same way. I mean, neighborhood services to me means, you know, you're surrounded by a neighborhood. That's my not because of that one word, but just the general feel of a neighborhood services. And in this case, we're we're surrounded by multif family, a retail on the corner that's cut out of this one. Um, you know, and if you go down Broadway all the way to to Old Chocolate Bayou, I mean, it's pretty much retail and or general business. So, I'm

wondering if this if this center comes back or if we know the ownership, if we could even propose maybe they they uh come in with a change in zoning so they don't have to do this every time they want to find a tenant that just doesn't meet the the need. I would I would ask that staff consider that if it's even an option and and maybe you guys are going to roll your eyes and go there he goes again but uh but it may stop some of this in the future. This is a perfect use for this site. Okay. Anyone else? All right. All those I'm going to call for the vote. All those in favor sign by raising your right hand. All those opposed, same sign. Passes six to zero. Uh thank y'all for the service that y'all are going to be. This is something that's really been needed. So, all right. Just uh we'll drop Henry off at at someday. All right. That takes us to city council update report.

All right. So, on April 13th, we had one zoning change before council. was the first reading for the property located south of Nap and east of Main Street, also known as the Junction PD, and it was approved um successfully with a vote of six to zero. And that was first reading. Second reading will be moving to the April 27th meeting. And that concludes city council update report. I can kind of move into the upcoming schedule if you would like, chair. All right. So, we have PNZ on May 4th at 6:30. And then on May 11th at 4:30, we have a plan development workshop to look at a site on the north side of Magnolia and west of Manville Road for a plan development. This may be familiar as the case of the Delta 2 is what it's also known as is coming back for another application. And then we have a another joint workshop on May 18th at 4:00 to discuss UDC updates specifically related to accessory dwelling units. And that concludes discussion items from staff. Happy to answer any questions.

All righty. Anyone have any questions? Seeing none, I'm going to call this meeting adjourned at 7:06.