Mar 01, 2023 Planning & Zoning Commission

[00:00:01]

SO WE WILL CALL THE MEETING TO ORDER.

[DECLARATION OF A QUORUM AND CALL TO ORDER]

WE DON'T HAVE A LONG AGENDA, AND SO I'M HOPING THAT THE DURATION OF THE MEETING WILL MATCH THAT.

I WANT TO WELCOME GRACE IS HERE SUPPORTING US, AND I UNDERSTAND GRACE IS GOING TO BE WITH US INDEFINITELY.

SO THANK YOU, GRACE.

EVEN THOUGH WE'RE HAVING SOME CHALLENGING MOMENTS THIS MORNING, IT'S GOING TO BE OKAY.

NO PROBLEM. NO PRESSURE.

THAT'S RIGHT. FIRST ITEM IS DISCUSSION AND POSSIBLE ACTION ON THE MINUTES FOR THE PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 2ND, 2023.

[1. Discussion and possible action on the minutes for the Planning and Zoning Commission meeting on February 2, 2023.]

SECOND. ALL RIGHT. I HAVE A MOTION BY MISS BIERI AND A SECOND BY MISS SPOOR.

IS THERE ANY FURTHER DISCUSSION? IF NOT ALL THOSE IN FAVOR OF THE MOTION INDICATE SO BY SAYING AYE.

AYE. OPPOSED SAME SIGN.

MOTION CARRIES.

[2. Conduct a public hearing, discussion, and take possible action on a request for approval of a Text Amendment, modifying various subsections of the City of Angleton Code of Ordinances, Chapter 23, Land Development Code. In addition to other minor changes to the chapter pertaining to cross references, duplications, clarifications, terminologies, reorganizations, and similar, the following sections are proposed to be amended: Sec. 23-5; Sec-23.10; Sec. 23-12; Sec. 23-14; Sec. 23.37; Sec. 23-38; Sec. 23-60; Sec. 23.75; Sec. 23-81; Sec. 23-87; Sec. 23.95; Sec. 23-94 through Sec. 23-98.]

IN ADDITION TO OTHER MINOR CHANGES TO THE CHAPTER PERTAINING TO CROSS REFERENCE, DUPLICATION, CLARIFICATIONS, TERMINOLOGY, REORGANIZATIONS AND SIMILAR, THE FOLLOWING SECTIONS ARE PROPOSED TO BE AMENDED.

SECTION 23-5, 23.10, 23-12, 23-14, 23.37, 23-38, 23-60, 23.75, 23-81, 23-87, 23.95, 23-94 THROUGH SECTION 23-98.

SO. UH, THIS USUALLY GIVES US A BRIEF SUMMARY OF WHAT WE'RE ABOUT TO HEAR. I HAVE THIS PUBLIC HEARING ABOUT.

YES. SO, KYLE, ARE YOU GOING TO DO THAT, OR.

YES. OTIS IS ON THE PHONE.

ALL RIGHT. SO WE'LL WE'LL WE'LL SEE HOW THIS WORKS.

YEAH. CAN YOU HEAR? ONE, TWO, THREE. CHECK. CAN YOU HEAR ME? YEAH, CLOSER TO THE MICROPHONE.

ALL RIGHT. OKAY. I APOLOGIZE ABOUT THE TECHNOLOGY ISSUES TODAY.

UM, TECHNOLOGY'S SEEKING FEEDBACK.

HE'S ON HIS PHONE, TOO.

ONE, TWO, THREE, CHECK.

ONE, TWO, THREE, CHECK.

GO AHEAD. OKAY.

YES. CAN I GO AHEAD.

GO AHEAD. REGARDING THE LDC UPDATES, THE CURRENTLY I HAVE FOR THE COMMISSION, WHAT WE'VE DONE IS WE'VE WORKED THROUGH CHAPTER THE LAST REFERENCE TO CHAPTER 20, I THINK IT'S 23-98 REGARDING THE PUBLIC IMPROVEMENTS.

WE HAD TO COORDINATE, OF COURSE, A RECENT ORDINANCE THAT CORRECTED THE AMOUNT OF THE MAINTENANCE BOND AND ALSO EXPIRATIONS AND EXTENSIONS WHICH WOULD CERTIFY THE IMPROVEMENTS BEFORE FINALIZATION OF THE IMPROVEMENTS.

SO THAT ORDINANCE IS CURRENTLY BEING COORDINATED WITHIN THE TEXT AMENDMENTS.

WE WILL NOT TAKE IT OUT.

HOWEVER, WE WILL REFERENCE IT BECAUSE THERE ARE PREVIOUS SECTIONS THAT WILL AFFECT THE TEXT AMENDMENTS.

LEGAL IS, AS I STATED, WITH THE CHAIR STILL REVIEWING THE LATTER PARTS OF THE RED LINES AND OUR PREDICTION IS TO HAVE EVERYTHING FINALIZED IN YOUR NEXT MEETING.

SO WE'RE REQUESTING THAT YOU WOULD LEAVE THE PUBLIC HEARING OPEN AS FOR ANY COMMENTS TODAY AND POSSIBLY MOVE FOR A CONTINUANCE FOR YOUR NEXT MEETING.

ALL RIGHT. THANK YOU, OTIS.

AT THIS TIME, WE WILL OPEN THE PUBLIC HEARING.

IS THERE ANYONE HERE TO SPEAK ABOUT THE CHANGES TO THE CITY OF ANGLETON CODE OF ORDINANCES? CHAPTER 23 LAND DEVELOPMENT CODE.

GOING ONCE. IT'S STILL OPEN.

I BELIEVE THE PUBLIC HEARING IS STILL ON.

OH, FROM LAST TIME. OKAY.

SO AT THIS TIME, WE ARE CONTINUING THE PUBLIC HEARING FROM LAST TIME FOR THE JUST A LITTLE CONFUSED.

THAT'S OKAY. THAT'S ALL RIGHT.

ALL RIGHT. ANYONE HERE TO SPEAK ON THIS ISSUE? GOING ONCE. GOING TWICE.

ALL RIGHT. WE WILL CONTINUE THIS PUBLIC HEARING TO OUR NEXT MEETING, WHICH IS TENTATIVELY SCHEDULED FOR THE FIRST THURSDAY OF MARCH. APRIL, APRIL.

THANK YOU, APRIL.

AND SO WE WILL NOT TAKE ANY ACTION.

DOES THE COMMISSION HAVE ANY OTHER COMMENTS REGARDING THIS ITEM? I WOULD LIKE TO SEE US MAYBE HAVE A WORKSHOP AND GET TOGETHER, PUT OUR HEADS TOGETHER WITH THE CITY COUNCIL AND THEN SEND ANYTHING THROUGH LEGAL JUST TO..

OKAY. GRACIE DID YOU HEAR THAT, OTIS? OTIS CAPTURE THAT. SO NOTED.

OKAY. ALL RIGHT. VERY GOOD.

[00:05:02]

[3. Discussion and possible action on a request for approval of a variance of the sidewalk requirement of Chapter 23, Section 23-14.A. Sidewalks, for Titan Snow Crush Food Truck Park located on SH35, South of Hospital Drive.]

SO IT'S AS YOU SEE, IT'S A LITTLE OVER AN ACRE, A COMMERCIAL GENERAL ZONE AREA.

JUST I GUESS THAT WOULD BE WEST OF HOSPITAL DRIVE.

MR. CALZADA, WHICH IS PRESENT, IS ASKING FOR A WAIVER OR A VARIANCE OF THE SIDEWALKS IN THE FRONT ON THE THE LENGTH OF THE PROPERTY.

AS YOU CAN SEE IN THE PICTURES, OF COURSE, HE IS DOING THE TITAN SNOW CRUSH FOOD TRUCK COURT THERE. AS THE PICTURES SHOW THERE ALONG 35, REALLY THE WHOLE 35.

THERE'S NO SIDEWALKS, KIND OF HAS A NOT A DEEP DITCH OUT FRONT, BUT KIND OF WOULD BE TOUGH.

ALSO, HE HAD BROUGHT UP AND WE HAD THOUGHT ABOUT THEY'RE TALKING ABOUT EXPANDING 35 AND THAT MIGHT TAKE AWAY THOSE ANYWAY . SIDEWALKS WERE PUT, SO, YOU KNOW WE DIDN'T SEE ANY STAFF RECOMMENDS IT FOR THE WAIVER OF THE SIDEWALKS THERE.

THE CITY ENGINEER HAD NO OBJECTION TO THE VARIANCE REQUEST.

MR. CALZADA IS HERE IF YOU ALL WOULD LIKE TO SPEAK TO HIM.

ALL RIGHT. SO I WHEN I WAS REVIEWING THE AGENDA WITH WITH OTIS YESTERDAY, I EXPRESSED TO HIM THAT WE'VE HAD THIS ISSUE COME UP BEFORE IN VARIOUS CASES AND AND WE'VE HAD MIXED VOTES ON IT SPLIT VOTES.

AND I ASKED OTIS, IF WE DON'T START NOW, THEN WHEN ARE WE GOING TO START TO ADDRESS THIS, THIS IMPORTANT ITEM? AND OTIS EXPLAINED TO ME THAT THAT I WASN'T SURE IF HE OR STAFF OR COUNCIL IS CONSIDERING IN THE FUTURE.

OPTIONS TO ADDRESS GETTING SIDEWALKS ON 35.

I THINK HE SAID PERHAPS OWNERS COULD PAY FEES IN LIEU OF YEAH, THINKING OF THAT.

YES. GOING FORWARD.

THEY WERE LOOKING AT OTHER TOWNS, CITIES THAT RUN INTO THIS AND THE OWNER COULD NOT DO THE SIDEWALKS BUT WOULD PAY FEES IN LIEU OF.

SO WHEN THE TIME COMES MAYBE, YOU KNOW, AND THE CITY GOES OUT AND DOES IT, THEY HAVE THE THE FUNDS TO DO THE SIDEWALKS WHEN THE TIME IS RIGHT OR SOMETHING LIKE THAT.

SO THAT'S SOMETHING I THINK GOING TO LOOK AT DOWN THE ROAD.

UH.. SO CORRECT ME IF I'M WRONG.

BECAUSE I MAY VERY EASILY BE WRONG, BUT IT WAS MY UNDERSTANDING THAT WHEN THE 523 BYPASS WENT IN THAT THE STATE BASICALLY TURNED OVER THE MAINTENANCE OF HIGHWAY 35 FROM THAT INTERSECTION SOUTH THROUGH TOWN BACK TO WHAT I ASSUME IS THE CITY AND THE STATE ABANDONED THEIR IMPROVEMENT OF THAT.

IS THAT A TRUE STATEMENT OR NOT? I DON'T KNOW THAT ANSWER.

I MEAN, I SEE THEM DOING THINGS AND WE STILL CONTACT TXDOT.

WE DID NOT LONG AGO TO HAVE A TREE CUT.

SO I KNOW THEY'RE STILL DOING MAINTENANCE.

WELL, LIKE I SAID, I WASN'T SURE.

BECAUSE THE IDEAL SOLUTION WOULD BE FOR THE CITY TO COME IN AND IMPROVE HIGHWAY 35, FILL IN THE DITCHES AND PUT SIDEWALKS ON TOP OF IT OF WHAT IS NOW THE DITCH.

BUT WHO KNOWS WHEN THAT'S GOING TO HAPPEN? WELL, JUST BEING PROPERTY OWNERS ON 35, THERE'S AN EASEMENT THAT YOU CAN'T DO ANYTHING TO LIKE IN FRONT OF LAMPLIGHT, EVEN THOUGH WE COVERED THAT IN AND THAT DITCH AND PUT, YOU KNOW, NO WORDS, NO NOTHING, WE CAN'T GO BY AND LAY SIDEWALK ON IT BECAUSE WE DON'T OWN THE PROPERTY AND THE STATE DOES.

SO JUST THE SAME THING IN FRONT OF MY HOUSE.

THE DITCH AND EVERYTHING IN FRONT IS THE STATE.

AND WHEN THEY WE HAVE GOTTEN LETTERS ON THE HIGHWAY EXPANDING, THEY, YOU KNOW, THEY'RE NOT GOING TO COME INTO THE YARD.

IT'S THERE. THEY OWN THAT.

WE MAINTAIN IT, BUT THEY OWN IT.

SO THERE'S IF THEY IF WE WERE TO PUT A SIDEWALK UP, IT'D HAVE TO BE ON THE OTHER SIDE, WHICH IS ON OUR PROPERTY, NOT THE STATE EASEMENT.

SO IT'S DIFFERENT WHERE YOU ARE, IT'S MORE COMMERCIAL.

AND SO THERE AREN'T ANY, BUT YOU HAVE THE SHOULDER OF THE ROAD AND THEY DID COME BACK WITH A NICE SHOULDER WHEN THEY REDID THE BLACKTOP.

SO DOES ANYONE HAVE ANY QUESTIONS ABOUT THIS ITEM?

[00:10:02]

WHAT IS THE TIMELINE FOR THE CITY TO PASS AN ORDINANCE OR DO WHATEVER THEY'RE GOING TO DO FOR FEES IN LIEU OF OR I THINK IT'S JUST SOMETHING THAT.

GO AHEAD IF YOU WANT.

ALL RIGHT. GO AHEAD. ONE, TWO, THREE.

I'M SPEAKING. SORRY, GO AHEAD.

UM, REGARDING THE FEE IN LIEU, I'M ALMOST FINISHED WITH THE ACTUAL TEXT.

UM, WHICH WILL, OF COURSE, BE VETTED BY LEGAL.

WE RECEIVED THE SQUARE FOOTAGE COST FOR THE LINEAR FEET OF SIDEWALK.

I JUST GOT THAT THIS WEEK.

IT'S $8.75 PER LINEAR FEET OF FRONTAGE.

THAT WOULD BE THE COST THAT WOULD BE ASSOCIATED OR REQUESTED IN THE IN LIEU.

AND THEN ALSO WHAT WE WILL DO IS PROVIDE A MAP OF PRIORITY OR PRIORITIZATION THAT WILL SHOW CURRENT CONNECTIVITY ON THE SIDEWALKS AND WE'LL BE ABLE TO SHOW WHERE THE SCHOOLS ARE PARKS AND IMPORTANT, UM, INCENTIVE LOCATIONS THAT NEED TO BE CONNECTED FOR PEDESTRIAN REASONS.

AND WE'LL UTILIZE THAT MAP TO BASICALLY PRIORITIZE WHERE THE SIDEWALKS COULD BE PLACED AS AN ALTERNATIVE WHEN THEY CANNOT BE PLACED IN AREAS WITH, UM, WITH TOPOGRAPHY AND OTHER ISSUES.

SO AND WE ARE PROJECTING PROBABLY THE NEXT TWO MONTHS WE CAN GET THAT ORDINANCE OUT FOR REVIEW.

BUT AT THIS POINT, WE DON'T HAVE IT RIGHT.

SO WITH THAT SAID, I MOVE THAT WE APPROVE THE VARIANCE TO SECTION 23 DASH 14, A SIDEWALKS FOR THE TITAN SNOW CRUSHED FOOD TRUCK PARK.

SECOND. ALL RIGHT.

I HAVE A MOTION BY MS..

SPOOR AND A SECOND BY MS. BIERI. FURTHER DISCUSSION, SO DO YOU PLAN TO INVITE OTHER FOOD TRUCK OWNERS TO JOIN YOU ON THIS PROPERTY OR WILL IT BE PRETTY MUCH JUST THE SNOW CRUSH TRUCK? OUR LONG TERM PLAN, WE DIDN'T GET THAT OPTION.

JOSE, CAN YOU COME UP HERE, PLEASE? OUR LONG TERM OPTION OR KIND OF VISION IS, YOU KNOW, WE WANTED TO DO THAT OFF OF HENDERSON ROAD WHEN WE FIRST STARTED.

WE WANTED TO DO THE FOOD TRUCK AND BEFORE WE ACTUALLY PUT A BRICK AND MORTAR BUILDING, BUT THAT WASN'T ALLOWED AT THE TIME.

NOW THAT THE FOOD TRUCKS KIND OF IS BECOMING A THING THAT ARE BEING A LITTLE BIT MORE ACCEPTED AROUND, WE ELECTED TO DO THAT ROUTE HERE VERSUS GOING AHEAD AND PUTTING A FULL BLOWN BUILDING.

THIS TIME, WE WANT TO TEST THE WATERS, MAKE SURE IT'S PROPER FOR US.

SO REALLY OUR FOCUS RIGHT NOW IS TO PUT THE FOOD TRUCK.

IF IT GOES WELL DOWN THE ROAD, WE'RE THINKING ABOUT EVENTUALLY PUTTING A SMALL BUILDING LIKE WHAT WE HAVE OFF OF HENDERSON THERE.

BRICK AND MORTAR. THAT IS OUR LONG TERM GOAL.

BUT WE'D LIKE TO START OUT WITH THE FOOD TRUCK.

WE ARE GOING TO HAVE AN EXTRA SPACE THERE OR POTENTIALLY WOULD HAVE ANOTHER TRUCK HERE AND THERE TO INVITE AND HAVE OTHER PEOPLE THERE.

GOT IT. THANK YOU VERY MUCH. YES, SIR.

ALL RIGHT. I HAVE A MOTION IN A SECOND.

ANY FURTHER DISCUSSION, IF NOT ALL THOSE IN FAVOR OF THE MOTION INDICATE SO BY SAYING AYE? AYE. OPPOSED? SAME SIGN.

MOTION CARRIES.

THANK YOU AND GOOD LUCK. YES, I DO HAVE A QUESTION.

CAN I ASK ONE QUESTION? I JUST. I HAVE NOT BEEN INVOLVED IN.

I'VE BEEN TAKING A LOT OF CUES FROM BAKER AND LAWSON ON THIS.

WHERE DO WE STAND WITH THIS PROPERTY? BECAUSE, I MEAN, ALL THIS FOR US IS GOING ON ALMOST TWO YEARS OF TRYING TO GET IT PUSHED THROUGH.

AND I'M HAVING TO DEAL WITH THE STATE AS WELL.

WHERE DO WE STAND WITH THE CITY WITH EVERYTHING THAT'S GONE ON WITH THIS PROPERTY? THAT GENTLEMAN RIGHT BEHIND YOU CAN PROBABLY THE ONE YOU NEED TO TALK.

OKAY? OKAY.

THANK YOU VERY MUCH. ALL RIGHT.

[4. Discussion and possible action on the preliminary plat of the Ashland Project Street Dedication #3.]

GO AHEAD OTIS, IF YOU WANT TO COME.

YES. KYLE, CAN YOU HEAR ME? YES, SIR. GO AHEAD.

UM, WERE THEY COPIED ON THE REVISED REPORT? NOT YET. NO. WE CAN GET A COPY.

NO, WE DIDN'T. WE DON'T HAVE IT YET.

OKAY, SO WE PROVIDED THIS STAFF REPORT FOR THE ASHLAND STREET DEDICATION PLAT NUMBER THREE PRELIMINARY PLAT THAT IS FOR THE PROPERTY LOCATED IN THE ASHLAND DEVELOPMENT, WHICH YOU ARE FAMILIAR WITH.

AND WE WILL LET YOU KNOW THAT IT'S FULLY WITHIN THE ETJ, WHICH HAS BEEN ADJUSTED TO REFLECT.

AND I PROVIDED INFORMATION WITHIN THE STAFF REPORT REGARDING FUTURE STREETS AND ROAD CONNECTIONS BEING COORDINATED BY THE STATE AND ALSO IN THE FUTURE CONNECTION WITH AND THROUGH THE STATE HIGHWAY DEPARTMENT.

BUT WITHIN THE REPORT THERE WERE A NUMBER OF RED LINES IN WHICH YOU HAD THE CHANCE TO SEE AND WE HAVE SINCE RECEIVED THE REVISED COMMENTS.

[00:15:06]

AND I WOULD REQUEST THAT THE PLANNING COMMISSION WOULD MEET, WOULD MAKE ANY RECOMMENDATION OF APPROVAL BASED ON THE NOTED FIVE STAFF CONDITIONS FROM PLANNING AND ENGINEERING.

AND I WILL EMAIL THIS TO EVERYONE AT THE MEETING THAT NEEDS TO SEE IT.

BUT HOWEVER, I WOULD READ IT AND MAKE SURE IT'S REFLECTED IN THE RECORD.

CONDITION NUMBER ONE, THE PENDING THE DEVELOPMENT AGREEMENT BEING FINALLY APPROVED.

THERE WERE SOME CERTIFICATES REGARDING THE DEDICATION, STATEMENTS, MAINTENANCE AND OPERATION OF THE DRAINAGE EASEMENT.

UM, THEY NEED TO BE CLARIFIED ON THE PLAT.

AND THE ENGINEER IS ALSO ASKING THE APPLICANT TO CLEARLY LABEL THE DRAINAGE EASEMENTS THAT WILL CROSS ALMADEN DRIVE. THAT WAS NUMBER TWO.

NUMBER THREE, CLEARLY INDICATE THE LABELING AND THE LABELS AND NOTATIONS OF RESERVES ON THE PLANS, AS NOTED BY THE CITY ENGINEER. NUMBER FOUR, THE PIPELINE ABANDONMENT SHOWN ON THE PLAT NEEDS TO BE CLEARLY REFLECTED PRIOR TO CONSTRUCTION PLANS BEING SUBMITTED.

AND NUMBER FIVE THAT ALL COMMENTS MUST BE CLEARED BY THE CITY ENGINEER PRIOR TO THE SUBMITTAL OF THE FINAL PLAT.

SO WE ARE REQUESTING THE PLANNING COMMISSION TO CONSIDER THE APPROVAL OF ASHLAND STREET DEDICATION NUMBER THREE.

BASED ON THOSE FIVE CONDITIONS.

ALL RIGHT. DOES ANYONE HAVE ANY QUESTIONS? WE DO HAVE CAITLIN HERE WITH THE.

WITH THE ASHLAND PROJECT.

THIS IS JUST RIGHT OF WAY FOR STREETS AND DRAINAGE.

THERE'S NOTHING TO DO WITH RESIDENTIAL LOTS.

NO, SIR.

ANYBODY HAVE ANY QUESTIONS OF CAITLYN? I DON'T HAVE. THE PROPOSED JUNIOR HIGH AND ELEMENTARY SCHOOL.

ELLEN IS YOUR MIND? I'M SORRY. THE PROPOSED HIGH SCHOOL AND ELEMENTARY SCHOOL SITES.

IS THAT FROM ANGLETON INDEPENDENT SCHOOL DISTRICT? THOSE ARE OKAY, IN CASE YOU GOT IT.

YES. I'M CAITLIN.

I'M WITH META PLANNING AND DESIGN.

WE'RE THE LAND PLANNERS ON THIS PROJECT.

IT IS WITH ANGLETON ISD AND IT WILL BE JUST WEST OF THE STREET DEDICATION, KIND OF A NORTHWEST.

BUT THE SCHOOL DISTRICT IS HANDLING THEIR OWN PLAT, SO YOU'LL SEE THEM AND THEIR REPRESENTATIVES COME IN WITH THOSE ONCE THEY'RE AT THAT STAGE.

ALL RIGHT. DOES ANYBODY WANT TO MAKE A MOTION? NOT HEARING ONE.

I'LL MOVE TO APPROVE THE PLAT APPLICATION CONDITION ON STAFF ENGINEERING'S COMMENTS WITH THE ASSUMPTION THAT THE DETAILS OF THIS PROJECT CAN BE IRONED OUT, POSSIBLY THROUGH EXECUTION OF DEVELOPMENT AGREEMENT AND RECOMMEND IT TO CITY COUNCIL FOR FINAL ACTION.

I HAVE A MOTION. IS THERE A SECOND? I'LL SECOND. I HAVE A MOTION BY MS. BIERI AND A SECOND BY MS. TOWNSEND. IS THERE ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR OF THE MOTION INDICATE SO BY SAYING AYE.

AYE. OPPOSED? SAME SIGN. AYE.

OKAY. I THINK WE ARE 4 TO 1.

ALL RIGHT. SO THAT CONCLUDES OUR AGENDA, AND WE ARE ADJOURNED.

THANK YOU ALL VERY MUCH FOR BEING HERE.

GOOD LUCK TO YOU. THANKS, OTIS.

* This transcript was compiled from uncorrected Closed Captioning.