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Home My WebLink AboutP&Z Minutes 2009-04-02 Regularr PLANNING & ZONING COMMISSION MINUTES OF A REGULAR MEETING THURSDAY, APRIL 2, 2009 7:00PM COUNCIL CHA MBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 1.The meeting was called to order at 7:01pm 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 City Councilman Jim Hill Vice Chairman Mark McLean Commissioner David O'Farrell Commissioner Ruben Garcia City Attorney Bobby Gervais Development Specialist Aubrey Harbin Dep. Director of CD Frank Manigold 2.Communication from the public/committee liaisons Bill Finger provided the Commission with a written statement detailing his thoughts on the proposed changes of the Home Occupation ordinance. He stated that he has observed problems that citizens are experiencing with the current ordinance. Commissioner O'Farrell asked Mr. Finger to expand on his thoughts of the proposed changes being defacto re-zoning of SFR. Mr. Finger said that the proposed definition allows office park activity in residentially zoned areas in which permitted uses are not outlined and there are no parking requirements. He stated that offices should be a buffer between residential and commercial areas. He stated that if a residentially zoned property was to be rezoned as office park, notifications and notices to surrounding property owners would be required. He stated that people have no way of knowing this will happen next door to them or not. Commissioner O'Fa1Tel1 also asked Mr. Finger to expand on his idea of non-residents working at a property zoned SFR. Mr. Finger stated that Mr. O1iiz, another resident in Friendswood, cunently has a construction company being operated in a residential area and that it is difficult to do anything once the home occupation is started. He said that it is unknown how trips per day would be monitored in a residential area. Robin Hall stated to the Commission that the whole ordinance should be taken into consideration, not just the number or nature of employees. She said that Code Enforcement came to her house and explained the parameters of the current ordinance. She suggested making the home occupation a no-nuisance ordinance not just initiated by complaints. She stated that the complaint driven nature of the ordinance puts neighbors against neighbors. She stated that there are many service businesses with one part-time employee in Friendswood; they start the businesses in their homes until they can rent lease spaces. Ms. Hall stated that traffic of trucks, etc. is a nuisance and also said that under the current ordinance, Mary Kay and Avon sales representatives would be in violation. As an example of a problematic scenario, she explained that a husband and wife team acting as CP As is allowed by the current ordinance, which does not limit the number of clients coming to the residence. She stated that at tax time in April, the traffic could be a nuisance. 3.Consideration and possible action regarding proposed amendments to the Calvary Church site/landscape plan (3700 FM 528) Motion to approve amended site plan as shown, to add crepe myrtles along the Blackhawk right-of-way, and replace the crepe myrtles along FM 528 with bigger trees: Moghaddam Second: Garcia Vote: 7 to O (unanimous) Motion Carried Applicant, Dan Loaiza, explained that crepe myrtle trees were required along the rear of the property, but the placement of the trees in this location is not reasonable, so they relocated them elsewhere on the site, as shown on the amended site pl _an. They also showed the addition of the air conditioning pads and screening, as well as the added parking. Miller explained that the trees required along the rear property line would be located in a pipeline easement, which is not allowed. She also explained that the crepe myrtles planted along FM 528 are too small. Commissioner O'Farrell asked if at all possible some trees could be located throughout the new parking lot to break up the sea of asphalt. Mr. Loaiza clarified that the existing parking is grandfathered and the church was not required at the time of site plan approval to install islands in the parking lot. 4.Consideration and possible action regarding proposed amendments to Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 20, Definitions, P. Home Occupation. Motion to approve with the following amendment on item #11: The use of off-site personal services : Gibson Second: McLean Vote: 0 to 7 (Unanimous) Motion Failed There was much discussion regarding the legal enforcement issues in regards to the proposed restrictions on home occupations. There was discussion about adding provisions for on-street parking; however, Building Official Frank Manigold explained that Code Enforcement cannot do anything about vehicles parked on the street because 2 I I that falls under the jurisdiction of the police department. Commissioner McLean stated that a Certificate of Occupancy is required for businesses and that he has an issue with having non-residents working in residential areas; he stated that it is not fair to other merchants or to the tax base for the City. Commissioner Gibson explained that the ordinance does not allow products to be kept in the home, which keeps the business from owing ad valorem taxes. He stated that the purpose is just to tighten up the ordinance that is already in place. Kabiri explained that because the motion failed, the item will be on the next agenda for Planning and Zoning in order to get a recommendation to send to City Council. 5.Consideration and possible action regarding proposed amendments to Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 11, The Board of Adjustment-Powers and duties. Motion to Approve: Second: Vote: 7 to O (Unanimous) Motion Carried 6.Consideration and possible action regarding proposed amendments to the Design Criteria Manual regarding Downtown District Amenities Suggestions by adding Appendix E. Motion to Approve with removal of "suggestions" from the title and the removal of "or suggested" from the first sentence: McLean Second: Garcia Vote: 7 to O (Unanimous) Motion Carried Commissioner McLean felt that the wording in the text of the document explains that the proposed info1mation is suggested and that specific items are not required. 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 No action taken. Miller explained that this proposed change is an attempt to rectify problems brought up at previous meetings regarding excessive amounts of cars parked in parking lots of car repair businesses. The junked vehicle ordinance was also reviewed and tried to correct the issue, but state law would not allow changes that would be needed to correct the problem. 8.Consideration and possible action regarding possible amendments to Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, Permitted Use Tabie, NAICS use #721, Accommodation Motion to accept staff's recommendation: Gibson Second:Moghaddam 3 Vote: 7 to O (Unanimous) Motion Carried Miller explained that there is a proposal for an RV park in Industrial (I) zone. Accommodations are allowed in Light Industrial (LI), but not Industrial. She explained that some cities have cumulative zoning which allows uses in less stringent zones that are allowed in more stringent zones. The proposed change is to allow Accommodations in the Industrial zone. 9.Discussion regarding review and possible amendments to City of Friendswood, Code of Ordinances, entire Appendix C -Zoning Ordinance Miller provided the Commissioners with a copy of the proposed format of the Zoning Ordinance. Chairman Holland requested that everyone review the proposal and the item be on the agenda for the next meeting. 10.Discussion regarding "Boot Camp" topics Commissioner McLean is still working with Miller in getting the materials put together. 11.Commu nications from the Commission •Commissioner Gibson stated that he will be out of town for the next meeting. •Commissioner O'Farrell congratulated and thanked Mr. Buzbee for the renovation of Roberts Auto Parts. •The Commissioners also questioned a letter and petition received regarding citizens protesting the commercial development of a property because of traffic concerns. Miller explained that this is in regards to the proposed development of a veterinary clinic at FM 518 and Mary Ann Drive. The property owner started the platting process to combine three lots and build a vet clinic. She also explained that there are a number of pipelines traversing the prope1ty and that the applicant has not submitted any additional information to the City. 12.Repo1ts a.Council Liaison -None b.Staff -Miller explained that she would send an e-mail with an update on upcoming meetings. 13.The meeting was adjourned at 8:46pm. These minutes submitted by: r II n 4