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HomeMy WebLinkAboutP&Z Minutes 2009-05-04 RegularI PLANNING & ZONING COMMISSION MINUTES OF A REGULAR MEETING MONDAY, MAY 4, 2009 5:30PM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 5:30 PM -JOINT WORK SESSION 1.The joint work session was called to order at 6:55 pm with the following people in attendance: Chairman Kevin Holland Commissioner Mike Huss Commissioner Jim Gibson Commissioner Hassan Moghaddam Planner Mona Miller Int. Director of CD Morad Kabiri 2.Discussion with City Council regarding: Vice Chairman Mark McLean Commissioner David O'Farrell Commissioner Ruben Garcia City Attorney Bobby Gervais City Council Dep. Director of CD Frank Manigold A.Possible amendments to the Design Criteria Manual pertaining to Downtown District Amenities by adding Appendix E Kabiri explained that the proposed document is meant to be a guide for developers and the Commission is recommending that the document be incorporated into the Design Criteria Manual. Mayor Smith explained that the guide includes pictures and examples of lighting fixtures, park benches, pavers, etc that the City would like for developers to use in the development of the Downtown District. Commissioner McLean explained that existing developments were used to create the guide and that the requirement to install the items is in the Downtown District section of the Zoning Ordinance. Councilman Barr stated that the Community Appearance Board appreciates the document, and clarification was made that the City is not endorsing any particular products or manufacturers. The document is only a guide. 1 B.Possible amendments to Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to the Permitted Use Table, NAICS use #721, Accommodation Kabiri explained that currently, the Permitted Use Table allows Accommodation in Light Industrial but Industrial. He explained that some cities have cumulative zoning, which means that if a use is allowed in a more restrictive zoning category such as Light Industrial, it would typically be allowed in the less restrictive category such as Industrial. He explained that this came to the attention of staff during a meeting about a proposed project in the City. C.An expedited process for zoning related issues Mayor Smith explained the streamlined process for zone changes and proposed ordinance changes that the City has been practicing recently and asked the Commissioners and City Councilman for their input and thoughts on the process. Everyone was unanimous in their comments stating that it was an effective process and was beneficial to the City in saving time and expediting issues. 3.The Joint Work Session was adjourned at 7:10pm. 7:00 PM -JOINT PUBLIC HEARING 1.The Joint Public Hearing was called to order at 7:27pm. Commissioner Gibson recused himself from the meeting. 2.Receive comments from the public, either oral or written, regarding the following: A.Zone change request for 2.1465 acres, out of Lot 4, Block 8, Voss Subdivision, Sarah McKissick League, Galveston County, known as Tract 1 and Tract 2, at 1501 Winding Way from Single Family Residential (SFR) to Office Park District (OPD) (Applicant, Richard Peterson) In Favor: Richard Peterson state that there was a time when Winding Way was a desirable residential prope1ty, but not now. He stated that he tried to contract with a real estate company which declined to list the property for sale. He stated that he is requesting to change the zoning from SFR to a commercial type zoning similar to another zone change case recently on FM 23 51. He stated that he is open for questions and would like a chance to respond to public comments. _ Oppose: Bill McCann, a representative of Pilgrim's Point HOA stated that this property is located at the entrance to a cul-de-sac street and that he has a petition signed by all but one resident who was out of town. He stated that the subject prope1ty has 280 feet of frontage on Charleston Street which affects four homes - three across the street and one behind it. Mr. McCann stated that his main concerns were a negative impact on the value of surrounding prope1ties, traffic, water run-off and drainage problems. He stated that the request does not comply with the Future Land Use Plan per the zoning rep01t. He stated that this is the third time a zone change request on this property has been brought to Council and P&Z. 2 I I Trey Hill stated that he shares a fence line with the subject prope1ty. He stated that he did not argue with the 3-story medical office that was built behind his house nor with Mr. Peterson's office building being built across Winding Way because those developments were built on commercial prope1ty. Mr. Hill stated that the logic that the subject property should be zoned commercially because it is on a thoroughfare and is not within a subdivision is not valid. He stated that there are many properties within Friendswood that meet that criterion. He stated that if the zoning is changed on this property, it will open a bigger problem. Frank Clay don stated that he is against the proposed zone change because of the protrusion of 1501 Winding Way into Charleston subdivision. He stated that Mr. Peterson had a previous offer on the prope1ty and pulled out at closing and urged Council and P&Z to vote against the zone change. Bill Reeves stated that there has been no change on this prope1ty since the last request for zone change. He stated that zoning laws are in place to protect the citizens smrnunding prope1ties. He stated that Pilgrim's Point does not need a buffer as the OPD zoning description explains. He noted approximately 46 commercial properties for sale or lease in the immediate area. Mr. Reeves said that SFR uses shall be protected from incompatible uses, and the subject prope1ty is deep and affects four lots. John Morawski explained that on the City's Web site, there are 16 office spaces listed as available and stated that there is no shortage of commercial prope1ties. He stated that he lives directly across the street from the subject prope1ty. Janelle Keith stated that she lives directly across the street from the subject property and that she does not want commercial lighting directly across the street from her home. She said that the prope1ty is desirable as a residential property. She stated that the house was built before the neighborhood and that the fence on Charleston should be removed. She said that she has a child with visual impairment and does not want additional traffic on the street. Mrs. Keith stated that allowing a commercial building on the property would be an injustice to the residents on Charleston and prope1ty values would go down. Wade Keith agreed with everyone else and stated that he has lived there for about 10 years. He said that when they purchased their house, they never thought the prope1ty across the street would go commercial. He stated that it is a great neighborhood and is concerned with lighting and traffic. Chuck Kidd stated that no one has control of what type of facility is built once it is rezoned to a commercial zone. He also stated that the noise of the generator on the MRI machine on the medical office behind Charleston Dr. runs all night and is bothersome, as well as the bright lighting. Don Glasgow stated that the fast track process is appropriate for this prope1ty to disapprove the zone change request. He stated that he does not feel that value gained by conve1ting the prope1ty to commercial is wo1th it. Mr. Glasgow also said that the change is not good for the citizens, only one person. 3 Art Williams agreed with the neighbors and added that there is no reason to change the plan for that area. He stated it is a needless change that benefits only one person. Loren Shriver stated that he is concerned with drainage. He explained that he does not have a wood fence at the back of his property and the lights from the 3- story medical building at the rear of his property are very bright. He stated that a change occurred on the property when the owner put up a fence to isolate it from the subdivision. Rusty Burkett stated that the logic and facts have not changed regarding this prope1ty. He said he is proud of his neighbors for sticking together to maintain the street the way it is. He also added that other newer subdivisions have commercial properties as buffers, but this neighborhood does not have that benefit. He stated that when Mr. Peterson bought the property, it was zoned SFR. 3.The Joint Public Hearing was adjourned at 8:10pm. SPECIAL MEETING (immediately following JPH) 1.The special meeting was called to order at 8:19pm. 2.Communication from the public/committee liaisons Mr. Finger in reference to the Home Occupation ordinance proposal stated that there are five issues he is concerned with. He explained that he and Mr. Be11rand surveyed sunounding cities to research home occupations and went through the City of Friendswood's current definitions and made some suggestions. He provided a handout to the Commissioners. Mr. Peterson provided the details of a default on a sale of 1501 Winding Way from a couple of years ago. He stated that the prope1ty was listed at a better price than adjacent properties and that the proposed buyer could not get the loan. Mr. Peterson stated that he understands the concerns about lighting and drainage, but he has faith in the City approving the plans. He stated that 1501 Winding Way has lost its privacy. Rusty Burkett stated that 1501 Winding Way was a single family home before other homes were built behind it. Cathy Rogers stated that she has no room to complain about the other adjacent properties zoned commercial, but this lots sits within their subdivision and she is opposed to the zone change. 3.Consideration and possible action regarding zone change request for 2.1465 acres, out of Lot 4, Block 8, Voss Subdivision, Sarah McKissick League, Galveston County, known as Tract 1 and Tract 2, at 1501 Winding Way from Single Family Residential (SFR) to Office Park District (OPD) (Applicant, Richard Peterson) Motion to Approve: McLean Second: Garcia 4 [ Vote: 0 to 6 (unanimous)-Gibson abstained Motion Failed Commissioner McLean stated that if the prope1ty remains SFR, Mr. Peterson will not loose all economic value of the property. Chairman Holland stated that he respects the passion of the residents and sees both sides of the fence, but the merits of the subdivision stand. 4.Consideration and possible action regarding possible amendments to the Design Criteria Manual pe1iaining to Downtown District Amenities by adding Appendix E Motion to Approve: Moghaddam Second: Garcia Vote: 7 to O (unanimous) Motion Carried 5.Consideration and possible action regarding possible amendments to Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to the Permitted Use Table, NAICS use #721, Accommodation Motion to Approve: Gibson Second: Moghaddam Vote: 7 to O (unanimous) Motion Carried 6.Consideration and possible action regarding possible amendments to Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 20, Definitions, P. Home Occupation Motion to Approve with an amendment removing item #7 which states "The home occupation must not create more than sixteen (16) trips per day, to or from the home.": McLean Second: Garcia Vote: 7 to O (unanimous) Motion Carried McLean stated that guidance from City Council was not to expand to allow non-residents. Gibson verified with staff that changes made since the last proposal are consistent with Mr. Finger's suggestions. Moghaddam stated th�t he· i� opposed to limiting the number of trips per day because there is no way to enfqrce it. �e stated·that he likes Mr. Finger's proposal. 7.Consideration and possible action regarding possible amendments to Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, Permitted Use Table, NAICS use #8111, Automotive Repair and maintenance Motion to Approve: Moghaddam Second: Garcia Vote: 7 to O (unanimous) Motion Carried Miller explained that two changes are proposed. One change is to extend the use description in the Pe1mitted Use Table and require a Specific Use Pe1mit in CSC and NC. The other proposed change is to amend the Zoning Ordinance in Section 8. 6. Auto 5 Repair Garage by adding screening requirements as follows: d.All vehicles awaiting body repair and/or paint, not cmTently being worked on within the required building, shall be stored behind and completely screened by an 8' opaque fence. The fence must be placed as to not block visibility of traffic and allow required ingress and egress. In addition, the fence must comply with fence requirements as noted in Section 8.B. of this ordinance. e.Repaired vehicles, or those waiting to be repaired, can not occupy recommended parking spaces. Miller also explained that it is not the intent to put undue hardship on quick car repair places such as tire and brake shops. Existing businesses would be grandfathered. 8.Discussion regarding a workshop to review possible amendments to City of Friendswood, Code of Ordinances, entire Appendix C -Zoning Ordinance No action taken. Item will be on next agenda with nan-owed topic and proposed dates to workshop. 9.Communications from the Commission Moghaddam and O'Farrell will not be here for the May 21 meeting. 10.Reports a.Council Liaison -None b.Staff -None 11.The meeting was adjourned at 8:45pm. These minutes submitted by: 6