HomeMy WebLinkAboutP&Z Minutes 2008-02-21 Regularf
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PLANNING & ZONING COMMISSION
PUBLIC HEARING
MINUTES OF A
PUBLIC HEARING &
REGULAR MEETING
THURSDAY, FEBRUARY 21, 2008
7:00PM
COUNCIL CHAMBERS
CITY HALL
910 S. FRIENDSWOOD DRIVE
FRIENDSWOOD, TEXAS
1.The public hearing was called to order at 7:01pm with the following people 111
attendance:
Chairman Jim Gibson
Commissioner Michael Brown
Commissioner Mark McLean
Commissioner David O'Farrell
City Planner Mona Miller
City Council Liaison Laura Ewing
Vice Chairwoman Sherry Weesner
Conur,;.,.:,i.0,,-:,, ::::'.oy Klusendorf
Commissiuner Hassan Moghaddam
City Attorney Bobby Gervais
Adm. Secretary Rhonda Baker
2.Receive comments from the public, both oral and written, regarding:
a.Preliminary plat of Tuscany Estates, being a rep lat of 7. 72 acres out of Central Park
Subdivision in the Sarah McKissick or J .R. Williams League, Abstract No. 151,
Friendswood, Galveston County, Texas
No one spoke for or against the item.
3.The public hearing was adjourned at 7:03pm.
REGULAR MEETING
1.The meeting was called to order at 7:03pm.
2.Conununication from the public/committee liaisons
Mr. W. R. Finger, former P&Z Commissioner, addressed the commission regarding the
Design Criteria Manual. He stated that he thought adopting the Design Criteria Manual as
an ordinance would cause confusion by making. the zoning ordinance secondary to the
DCM.He stated that changes to the zoning regulations could be made without public
notice. He suggested returning the DCM to a resolution, reviev,1ing the DCM for conflicts,
resolving the differences and removing conflicting items, and involving the P&Z
Commission in the process.
Tom Burke, former member of P&Z, stated that the DCM being adopted as an ordinance
superseded the zoning ordinance and that there is no allowance for variances tlu·ough
Zoning Board of Adjustments and Construction Board of Adjustments.
Kevin Holland, former member of P&Z, stated that when he was on the Conunission they
held workshops with City Council regarding the DCM and that it is not required to be an
ordinance. He stated that one solution would be to update the zoning ordinance in order for
it to supersede the DCM.
Gibson stated that a memo was received and distributed from Bob Bertrand, another former
P&Z commissioner.
3.Consent Agenda:
Weesner requested item b be removed from the consent agenda.
a.Approval of Minutes for the January 31, 2008 Special Meeting
Motion to approve: Weesner
Second: Brown
Vote: Unanimous Minutes Approved
b.Approval of Minutes for the February 7, 2008 Regular Meeting
Weesner requested the following statement to be placed on item 9:
"P&Z members expressed concern that the understanding and intention for the non
conforming structures and lots section of the zoning ordinance was not the same as
the current staff interpretation and asked staff to present P&Z possible amendments
to the ordinance that would bring the interpretations into aligmnent."
Motion to approve the minutes as amended: Moghaddam
Second: Weesner
Vote: Unanimous Minutes Approved
4.Consideration and possible action regarding Preliminary plat of Tuscany Estates, being
a replat of 7.72 acres out of Central Park Subdivision in the Sarah McKissick or J.R.
Williams League, Abstract No. 151, Friendswood, Galveston County, Texas
Motion to Approve: Weesner
Second: Brown 2
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Commissioners clarified that this is a seven-acre residential tract being subdivided into
two lots. Weesner stated that she would not act on the plat because she was
uncomfortable with the staff memo stating that "it appears the plat is in compliance with
ordinances." Les McMahen explained that staff does not want to make recommendations
to the conunission and Ms. Miller assured the commissioners that the plans were being
reviewed in detail by appropriate staff members.
Ms. Miller explained that the owner requested that the plat be tabled.
Motion to table: Brown
Second: Weesner
Vote: Unanimous Item Tabled
5.Consideration and possible action regarding the Discount Tire site plan for 1555 S.
Friendswood Drive
Motion to table: Weesner
Second: Brown
Vote: Unanimous Motion approved
The item was initially tabled because conm1issioners were uncomfortable with the staff
memo stating that "it appears to be in compliance." At the end of the meeting, the memo
was changed and the item removed from the table for action.
6.Consideration and possible action regarding the Jacob White Office Complex site plan
for FM 528 at wmasor,g
Motion to table: Weesner
Second: Brown
Vote: Unanimous Motion approved
The item was initially tabled because conm1issioners were uncomf01table with the staff
memo stating that "it appears to be in compliance." At the end of the meeting, the memo
was changed and the item removed from the table for action.
Ms. Miller explained that this project has been tlu-ough tlu·ee staff reviews. There was
some clarification of height and screening requirements due to some items the building
needs in order to obtain LEED ce1tification, i.e. wind generators and cisterns.
7.Consideration and possible action regarding possible amendments to Appendix C, Zoning
Ordinance of the Code of Ordinances regarding Downtown District sidewalk widths
and sidewalk alternatives
Motion to approve: Weesner
Second: Hassan
Vote: Unanimous Motion approved 3
8.Consideration and possible action regarding possible amendments to Appendix B,
Subdivision Ordinance of the Code of Ordinances regarding the creation of a sidewalk
fund
Motion to approve: Weesner
Second: O'Farrell
Vote: Unanimous Motion approved
Commissioners inquired about the process required to change all applicable ordinances to
reference this ordinance. Ms. Miller explained that notes have been made of ordinances
that reference the sidewalk ordinance. They will either need to reference the sidewalk
fund or be removed. Staff will present to P&Z.
9.Consideration and possible action regarding possible amendments to Appendix B,
Subdivision Ordinance of the Code of Ordinances, regarding platting
Motion to approve: O'Farrell
Second: Brown
Vote: Unanimous Motion Approved
City Attorney Bobby (iervais explained three things affecting the changes in this
ordinance:
1)Large tract division (5 acres or more)-a tract is to be divided into tracts of 5
acres or more; no plat required; is in Local Government Code.
2)Partial Plat approval -owner needs to plat, but remaining property is not part
of the development; both parcels over 5 acres; allow plat of part being
developed only; if owner buys whole tract, can plat part now and part later
with approved conceptual plan/phasing to ensure adequate infrastructure
3)Property that already has existing approved public access and infrastructure in
place, but not properly platted
10.Consideration and possible action regarding existing non-conforming structures, lots
and uses
Gervais presented the Commission with a proposed ordinance change and there was some
discussion regarding the proposal. Gervais explained that the current ordinance requires
that when a non-conforming use is replaced by a permitted use, it shall comply with all
regulations within that district.
Gibson explained that the intent was to allow non-conforming structures to improve
without having to come into compliance with current ordinances, as long as it was
bringing the building more into compliance. It was also added that the non-conforming
ordinance should apply to all zoning districts.
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Staff will provide the Planning and Zoning commissioners recommendations to bring the
ordinance in alignment with the intent.
11.Consideration and possible action regarding development/redevelopment in the
Downtown District
No discussion.
12.Consideration and possible action regarding the Design Criteria Manual
Motion to recommen d that City Council rescind the Design Criteria Manual ordinance:
Weesner
Second: Hassan
Vote: Unanimous Motion Approved
Les McMahen, director of Conununity Development, explained that issues in the DCM
need to be enforced as ordinances to make them enforceable. Staff is aware of conflicts
the DCM has with the zoning and subdivision ordinances and is currently reviewing it to
remove requirements that are addressed in the subdivision and zoning ordinances. He
stated that the DCM should only have drainage formulas and criteria to make it truly a
design manual.
13.Consideration and possible action regarding the March 6, 2008 Regular Meeting
As a result of several commissioners attending the planning conference in Austin March
5-7, it was decided to move the March 6th meeting to March 13, 2008.
14.Communications from the Commission
Brown stated that he would like the staff memos to state that projects either do or do not
comply with ordinances and would like to receive suppo11ing documents in a timely
manner.
Ms. Miller explained that the City's e-mail system was not working properly this week
due to the City changing from Time Warner to Comcast. She also stated that the ftp site
address has changed.
Weesner explained that she attended the last parks board meeting and that they are
moving forward with ball fields and a parks master plan. She also confirmed with staff
that the P&Z Rules and Procedures will be on City Council's agenda for March 3, 2008.
Moghaddam inquired as to whether or not existing drainage capacity is checked when
developers are allowed to purchase regional detention. Ms. Miller explained that is the
responsibility of the Drainage District.
Gibson verified that the annual report is on the agenda for City Council on March 3,
2008, and asked that the report be emailed to all the commissioners.
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15.Rep011s
a.Council Liaison -Laura Ewing stated that she sent a message with the concerns
and vote regarding the DCM to the mayor and asked staff to follow up with him,
also.
b.Staff -Ms. Miller presented the Commission with the January DRC meeting
report. She also informed the commissioners that begi1ming in early April the
meetings held in the Council Chambers will be recorded and televised.
16.The meeting was adjourned at 8:40pm.
These minutes submitted by:
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