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HomeMy WebLinkAboutP&Z Minutes 2009-07-20 Special, Joint Public Hearing w/ City Councilj PLANNING & ZONING COMMISSION MINUTES OF A JOINT PUBLIC HEARING & SPECIAL MEETING MONDAY, JULY 20, 2009 7PM CO UNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS JOINT PUBLIC HEARING 1.The meeting was called to order at 7: 17pm with the following people in attendance: Chairman Kevin Holland Commissioner Mike Huss City Council and Mayor Commissioner David O'Farrell Commissioner Hassan Moghaddam Mona Miller, City Planner Aubrey Harbin, Development Specialist Morad Kabiri, Int. Director of CD Frank Manigold, Dep. Director of CD 2.Receive comments from the public, both oral and written, regarding amendments to Appendix C - Zoning Ordinance for the following: A.Amendments to the Zoning Ordinance, Section 7, Permitted Use Table, regarding NAICS use No. 721-Accommodation and adding NAICS use No. 7212 RV (Recreational Vehicle Parks and Recreational Camps) No one spoke for or against the item. B.Zone Change Request for 1.79 acres of a 10.9037 acre tract at FM 528 and Mandale Road from Single Family Residential (SFR) to Light Industrial (LI). C. No one spoke for or against the item. Zone Change Request for Lots 29, 3 0 and 31, Block 1, re plat of Annal ea Section 1, located at 400 N. Friendswood Drive (FM 518 at Mary Ann Drive) to change from Neighborhood Commercial (NC) to Planned Unit Development-Specific Use Permit (PUD-SUP) for these uses: Professional, Scientific and Technical Services, Health and Personal Care Store, Clothing and Clothing Accessories Store, Pet and Pet Supplies Store, Finance and Insurance, Consumer Goods Rental, Employment Services, Business Supp01t Services, Offices of Physicians, Offices of Dentists, Offices of other Health Practitioners, Outpatient Care Center, Medical and Diagnostic Laboratories, Personal Care Service, 1 Boarding and Grooming, and Business, Professional, Labor, Political and Similar Organization. Sean Rives, project designer, explained that a small vet clinic is bring proposed and that it has a residential fa9ade to make it fit in the area better. He stated that there will only be one doctor operating four exam rooms. Mr. Rives also explained that the existing driveway on FM 518 will be used as an entrance driveway. Vera Smart, Friendswood, explained that there was an injunction against commercial development on this property previously. She also stated that she submitted a petition with signatures of Annalea property owners protesting this development. She stated that she objects to any commercial access or use on Mary Ann. She said she counted 200 vehicles using Mary Ann and a commercial development would have a heavy impact. Brad Wigtil, Friendswood, stated that he is concerned with traffic patterns and understands that a traffic study has not been conducted. He also stated that the deed restrictions did not allow for commercial development of this property previously. He stated that he has not done research and that the requirements may have changed. Vicki Howison, Friendswood, asked why the owner is asking for a PUD if it is going to be more restrictive. She also stated that the pipeline companies would not let anyone repair the subdivision sign that is located on the corner of FM 518 and Mary Ann. She stated that there was an order on the property that commercial was never allowed. She objected to the rezoning and stated that traffic from Jeter Funeral Home is also a concern. Staff clarified that a copy of the order that prohibits commercial development on this property has never been submitted. Tammy Metts, Friendswood, explained that she lives on Annette and that her property backs up to the subject property. She stated that this SUP would allow a building, dog runs, and dog kennels and is very close to her property. She said that she just spent money to build a patio to enjoy her backyard and that she is concerned with barking and noise since her bedroom window is in her backyard. Joshua Park, Friendswood, stated that he is opposed to the driveway and additional traffic on Mary Ann. He said that Mary Ann is used for a through way of people avoiding the intersection at FM 23 51 and FM 518. He said that part of the neighborhood has speed bumps. He said that the driveway on Mary Ann will impact the use of the street, and he would like to see the medians on FM 518 removed. Michelle Barsyk, Friendswood, stated that she would rather have a vet clinic than a stop-n­ go at the location. She stated that she does not feel the zone should be changed to relax the regulations of the zoning ordinance. Jean Gil, Friendswood, stated that she is opposed to both; she does not want a commercial building and she opposed to the zone change. She stated that the owner should comply with the existing requirements. Barbara Phillips, Friendswood, stated that she lives on Mary Ann and is concerned with traffic. She stated that there should be a light at FM 518 and Mary Ann, or remove the esplanade. 2 I I Sean Rives explained that the dog kennels will be inside the building. He also explained that the building is a one-story building with a high pitch roof and that there are windows on the back of the building for lighting purposes only. He stated that the second floor of the building is climate controlled storage. Staff clarified the owner's requests and explained that they cannot install the required 10- foot landscape buffer because of a six-foot utility easement. Ms. Smart also mentioned that the eight-foot fence requirement could be negotiated. Ms. Smart also stated that League City does not have medians on FM 518, but Kabiri explained that they are in the process of getting them. The Mayor clarified that the medians and traffic lights on FM 518 are controlled by Texas Department of Transportation. Kabiri stated that the City could turn in a request for a traffic light at Mary Ann and FM 518. Joann McCall, Friendswood, said she has called TxDOT and that there is a requirement of 800-foot spacing from the light at FM 2351 for another traffic light. She said that First United Methodist Church had to install a fence and she asked if something different could have been done because she can barely see the sky because of the eight-foot fence. Frankie Santoro, Friendswood, stated that there was a permanent injunction on the prope1ty against commercial development. He also stated that he is concerned with rats, drainage and privacy. He stated that he is opposed to commercial development on this property. 3.The joint public hearing was adjourned. JOINT WORK SESSION 1.The meeting continued with the joint work session with City Council. 2.Discussion with City Council regarding proposed amendments to Appendix C -Zoning Ordinance, Section 8. Supplementary District Regulations Kabiri explained the proposed changes in Section 8 are grammatical corrections, removing the option for reduction in parking for bonus landscaping since staff now has allowance for a 5% deviation from parking requirements in the Design Criteria Manual, removing size 2 trees to make this pait of the ordinance consistent with the approved Qualified Tree List, and removing the 30-day time limit of approval of tree survey by Community Development staff because tree surveys are submitted, reviewed and approved with plats and/or site plans. 3.The work session was adjourned. SPECIAL MEETING (2ND floor conference room immediately following JWS) 1.The meeting was reconvened in the 2nd floor conference room at 8:35pm. 2.Communication from the public/committee liaisons 3 None 3.Consent Agenda: A.Approval of minutes for the May 21, 2009 regular meeting B.Approval of minutes for the June 1, 2009 special meeting Motion to approve: Moghaddam Second: Huss Vote: 4 to O (unanimous) Motion Carried 4.Consideration and possible action regarding amendments to the Zoning Ordinance, Section 7, Permitted Use Table, regarding NAICS use No. 721-Accommodation and adding NAICS use No. 7212 RV (Recreational Vehicle Parks and Recreational Camps) Motion to Approve: Huss Second: Holland Vote: 4 to O (unanimous) Motion Carried 5.Consideration and possible action regarding a zone change request for 1.79 acres of a 10.9037 acre tract at FM 528 and Mandate Road from Single Family Residential (SFR) to Light Industrial (LI) Motion to Approve: Huss Second: Holland Vote: 4 to O (unanimous) Motion Carried Chairman Holland stated that this zone change would be in compliance with the surrounding area and that he feels this change would be moving in the right direction. Commissioner O'Fanell asked if there was any inquiry from adjacent land owners and what is intended to develop on the property. Miller explained that 100ft of a 200ft HLP easement is located on the North side of this prope1ty. Dan Johnson explained that the property is partially in Alvin and that there is another parcel between the subject property and adjacent residential prope1ty owners. He also stated that the intended development is business park or boat sales. 6.Zone Change Request for Lots 29, 30 and 31, Block 1, replat of Annalea Section 1, located at 400 N.Friendswood Drive (FM 518 at Mary Ann Drive) to change from Neighborhood Commercial (NC) to Planned Unit Development-Specific Use Permit (PUD-SUP) for these uses: Professional, Scientific and Technical Services, Health and Personal Care Store, Clothing and Clothing Accessories Store, Pet and Pet Supplies Store, Finance and Insurance, Consumer Goods Rental, Employment Services, Business Suppo1t Services, Offices of Physicians, Offices of Dentists, Offices of other Health Practitioners, Outpatient Care Center, Medical and Diagnostic Laboratories, Personal Care Service, Boarding and Grooming, and Business, Professional, Labor, Political and Similar Organization. Motion to Approve: Huss Second: Moghaddam Vote: 0 to 4 (unanimous) Motion Failed 4 [ Miller explained the variations being requested by the owner: 1) East side reducing setback to 19 feet from the required 25 feet; 2) Front setback reducing to 25 feet from the required 30 feet; 3) not installing the required 10 foot landscape buffer along the easterly property line because of a utility easement; 4) back setback exceeds requirement of 20 feet, but cannot install a portion of the landscape buffer because of the pipeline easements; 5) reducing required trees from 22 to ·16 Several Commissioners expressed concerns with the reduced setbacks. Chairman Holland stated that he heard the concerns regarding the access on Mary Ann and understands the homeowners use access to FM 518. 7.Consideration and possible action regarding BUI Development commercial site plan at 1601 and 1603 W. Parkwoocl Avenue Motion to approve with staff comments: Moghaddam Second: Holland Vote: 4 to O (unanimous) Motion Carried 8.Consideration and possible action regarding Single Family Residential -Estate (SFR-E) zoning Motion to Table: Holland Second: Huss Vote: 4 to O (unanimous) Motion Tabled Miller explained the proposed letter to residents allowing them to opt in to SFR-E zoning at no financial burden with a one-year time limit and explained that the letter would be sent to property owners shown on the Future Land Use Map as estate zoning. Commissioner Huss stated that he is concerned with inconsistency. Chairman Holland stated that there are prope1ty owners who want to change and he feels the City should let them do it and then re-evaluate. Commissioner O'Farrell is concerned that a mass mailing will force property owners to become educated and he cannot foresee anyone limiting themselves by rezoning. 9.Communications from the Commission Holland stated that the Drainage District is moving forward on some West Ranch plats. 10.Reports a.Council Liaison -not present b.Staff -Miller let the Commissioners know that the next regular meeting will be August 6 and that the DRC report will be provided at the end of the month. 11.The special meeting was adjourned at 9:05pm. 5