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HomeMy WebLinkAboutP&Z Minutes 2010-12-06 SpecialMINUTES OF A SPECIAL MEETING & A REGULAR MEETING MONDAY, DECEMBER 6, 2010 7:00PM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS JOINT WORK SESSION 1. The Joint Work Session was called to order at 7:25pm with the following people in attendance: Chairman Kevin Holland Commissioner Mark Tibbitks Commissioner David O'Farrell Commissioner Jim Nye Mona Miller, City Planner Morad Kabiri, Director of CDD Frank Manigold, Dep. Director of CDD Vice Chairman Mark McLean Commissioner Hassan Moghaddam Commissioner Jim Gibson City Council Aubrey Harbin, Development Specialist Mr. Olson, City Attorney Bobby Gervais, City Attorney 2. Receive comments from the public, both oral and written, regarding: a. Proposed zone classification change request for 1.1945 acres at FM 518 and Whispering Pines, from Community Shopping Center (CSC) to Downtown District (DD) No comments. b. Proposed amendments to Appendix A, Sign Ordinance of the City of Friendswood Code of Ordinances, regarding handheld, vehicle signage and off - premise signage Bobby Jones, Friendswood, stated that the City needs a sign for City Hall and that non-profit organizations should be allowed off premise signage. c. Proposed amendments to Appendix B, Subdivision Ordinance of the City of Friendswood Code of Ordinances, regarding procedures for submission of plats regarding notifications 1 Charles Prendergast, Friendswood, stated that he is asking for this to be adopted and for the City to notify HOAs in addition to the property owners within the 200- foot buffer surrounding the property. He stated that if cost is a factor, the City should charge the HOAs fees. He stated he would like this for new and revised plats. d. Proposed amendments to Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances: i. Section 7.Q., Schedule of District Regulations, District area and height regulations. (Regulation Matrix -Commercial Districts) No comments. ii. Section 7.5.2., Community Overlay District, Boundaries No comments. iii. Section B.J., Supplemental District Regulations, Performance Standards, regarding noise Deborah Hansen, Friendswood, stated that she had an issue with a neighbor and stated that they had a noise permit issued by the Police Department for a Halloween party. She stated that the City should give the police more power and does not understand the concept of a noise permit. iv. Section 8.J.10., Supplemental District Regulations, Performance Standards, regarding gasoline stations in Downtown District Fred Kirk, Friendswood, stated that he has done corrective work at numerous sites and that he is concerned with underground storage tanks. He stated that they should have double walled tanks, no leakage, and proper leak detection devices. He stated that leaks in underground storage tanks could be catastrophic to the water table. e. Proposed amendments to City of Friendswood Code of Ordinances, Chapter 26, Environment, Article IV, Weeds, Brush, Rubbish, regarding adding certain provisions and making certain text changes No comments. 3. The Joint Public Hearing was adjourned at 7:35pm. PUBLIC HEARING 7:30 PM 2"d goor conference room 1. The Public Hearing was called to order at 7:40pm with the following people in attendance: 2 Chairman Kevin Holland Commissioner Mark Tibbitts Commissioner David O'Farrell Commissioner Jim Nye Aubrey Harbin, Development Specialist Bobby Gervais, City Attorney Vice Chairman Mark McLean Commissioner Hassan Moghaddam Commissioner Jim Gibson Mona Miller, City Planner Frank Manigold, Dep. Director of CDD 2. Receive comments from the public, both oral and written, regarding: a. Replat of Oak Creek Forest, Lot 2, being 2.896 acres also known as 1005 Thomas Drive, City of Friendswood, Galveston County, Texas Allen Munz, engineer/surveyor, stated that the owner wants to subdivide and sell off one lot. McLean verified with Mr. Munz that there is one house existing on Lot 2 of the proposed plat. O'Farrell asked how drainage would be addressed. Mr. Munz stated that Pena may have provided the detention for the whole area. Holland stated that drainage would be worked out, but at this time, we are approving the subdivision. Holland stated that improvements on Melody Lane should begin in February and should help with the drainage in this area. Kenneth Webb, Friendswood, stated that the utilities are very shallow. He also said that water is under his driveway and he is concerned about drainage. Chieko Webb, Friendswood, stated they have problems with their swimming pool, flushing toilets and the washing machine because of the lack of drainage and that she is concerned with more houses being built. She stated that she and her husband sold the property to one owner and the agreement was to only build one house, but they did not get anything in writing and now there are going be more homes. 3. The Public Hearing was adjourned at 7:47pm. REGULAR MEETING 2'°`1 floor conference rooin immediately followingPublic Hearin 1. The regular meeting was called to order at 7:48pm with the same people in attendance. 2. Communication from the public/committee liaisons (To comply with provisions of the Open Meetings Act, the Commission may not deliberate on subjects discussed under this agenda item. However, the Colnrnission nzay direct such subjects be placed on a later regular Commission agenda for discussion and/or possible action) 3 3. Consideration and possible action regarding the amended commercial site/landscape plan for Boatright Marine at 3280 W. Parkwood Avenue (originally approved 4/5/10) Motion to Approve: McLean Second: Moghaddam Vote: 7 to 0 (Unanimous) Motion Carried Miller explained that the owner has relocated the fence on the north end of the property, relocated some trees along FM 528 with approval ftom TxDOT to place them in the right-of-way, and changed the tree planting schedule to include Live Oaks rather than Crepe Myrtles. He also added Queen Palms to help screen the overhead doors. 4. Consideration and possible action regarding proposed zone classification change request for 1.1945 acres at FM 518 and Whispering Pines, from Community Shopping Center (CSC) to Downtown District (DD) Moghaddam recused himself from the meeting. Motion to Approve: McLean Second: Gibson Vote: 6 to 0 (Unanimous) Motion Carried McLean stated that DD improvements are beneficial to the City and that this is a premier site traveling North on FM 518. He stated that the other new developments along FM 518 look good. Holland stated that the owner is opting in to the DD zoning. Moghaddam re-entered the meeting. 5. Consideration and possible action regarding the Replat of Oak Creek Forest, Lot 2, being 2.896 acres also known as 1005 Thomas Drive, City of Friendswood, Galveston County, Texas Motion to approve with staff comments: Gibson Second: McLean Vote: 7 to 0 (Unanimous) Motion Carried Gibson verified with staff that the neighbors were notified under current State law requirements. Staff comments for this plat: Planning: 1) Remove "right-of-way" and "and open spaces." from General Note #4 in two places. 2) Add statement stating that no pipelines exist within the boundaries of the plat. 3) Add A1CP after Morad Kabiri's name. 4) Remove "of [NAME OF SUBD Park" from the Planning and Zoning Commission statement. 9 5) AP after Aubrey Harbin's name should be all caps. 6) Remove "d" from dedicated in owner's statement. 7) Replace "NAME OF OWNER" with Karen Bunton in owner's notary acknowledgement. 8) In title block, correct county to read Galveston County. Eny,ineering: 1) The location, widths, and names of all existing and proposed easements shall be indicated. It seems as though drainage easements along Lots 4 & 5 of Longwood Park Section 3 block two and along Oak Creek Forest Lot 1 have been left out. 6. Consideration and possible action regarding proposed amendments to Appendix A, Sign Ordinance of the City of Friendswood Code of Ordinances, regarding handheld, vehicle signage and off -premise signage Motion to approve: McLean Second: Tibbitts Vote: 7 to 0 (Unanimous) Motion Carried Miller explained that for commercial businesses, this proposed ordinance change adds a definition of handheld sign, prohibits them in public ROW, states that if on private property, they must have property owner's permission, adds a maximum size of 4 square feet and requires a permit. She also explained that this proposed change will require vehicles with signage on them to be parked in a legal parking space. 7, Consideration and possible action regarding proposed amendments to Appendix B — Subdivision Ordinance of the City of Friendswood Code of Ordinances, regarding procedures for submission of plats regarding notifications Motion to Approve: Moghaddam Second: McLean Vote: 7 to 0 (unanimous) Motion Carried Holland clarified with staff that Mr. Prendergast's comments during the KPH were in regards to previous discussions regarding notification of HOAs and property owners for site plans. Miller stated that this ordinance proposal is to notify only property owners within 200 feet, and that the notifications are for platting of subdivisions that were not previously approved by a government entity, not commercial site plans. McLean agreed that Mr. Prendergast thought this was the site plan/zoning issue. O'Farrell stated that in his 25 years of real estate experience, it is a fact that lots abutting commercial property are discounted when they are sold, on the original sale and resale. He stated that this is important for the Commission to know because of people saying that abutting commercial development or commercial zoning will decrease the value of their property, when in fact it has already been discounted. 8. Consideration and possible action regarding proposed amendments to Appendix C — Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 7.Q., 5 Schedule of District Regulations, District area and height regulations. (Regulation Matrix -Commercial Districts) Motion to Approve: McLean Second: Tibbitts Vote; 7 to 0 (unanimous) Motion Carried Miller stated that these changes are clarifications and clean up on the Commercial Regulation Matrix. She explained that the reference notes were not consistent and that staff added references to notes that already exist in other portions of the Zoning Ordinance. 9. Consideration and possible action regarding proposed amendments to Appendix C — Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 7.5.2., Community Overlay District, Boundaries Motion to Approve: Gibson Second: Moghaddam Vote: 7 to 0 (unanimous) Motion Carried Holland explained that this change will require a property within 300 feet of the designated streets identified as COD to comply with the regulations of the COD. The current definition of the COD boundary was unclear. 10. Consideration and possible action regarding proposed amendments to Appendix C — Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 8.J., Supplemental District Regulations, Performance Standards, regarding noise Motion to Approve: Gibson Second: McLean Vote: 7 to 0 (unanimous) Motion Carried Holland explained that this is getting rid of an outdated portion ordinance and that thisis a complaint driven issue. Miller explained that it also eliminates a conflict between this section of the Zoning Ordinance and Chapter 54. She explained that this section will reference Chapter 54 of the City of Friendswood Code of Ordinances. O'Farrell stated that he thinks this will tighten up the ordinance and possibly eliminate any loop holes, 11. Consideration and possible action regarding proposed amendments to Appendix C — Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 8.110., Supplemental District Regulations, Performance Standards, regarding gasoline stations in Downtown District Motion to Approve: Tibbitts Second: McLean Vote: 7 to 0 (unanimous) Motion Carried Miller explained that portion of the Zoning Ordinance details supplemental requirements no for gas stations in the Original Business District (OBD), which does not exist any longer. She explained that OBD was used before the Downtown District (DD) category was created. She explained that the regulations were conflicting with the DD regulations and that gas stations in this area would now be required to build to DD standards. Holland stated that three gas stations along FM 518 have closed since these regulations have been in place. Mangold stated that underground storage tanks are regulated by the State and federal government and those regulations are enforced by the Fire Marshal's office. O'Farrell asked what the differences are in the requirements that exist and the DD regulations. Miller stated that the current OBD supplemental requirements allow a 5-foot landscape buffer; the DD requires a 15-foot parkway with sidewalks; driveway modifications which are now addressed in the Design Criteria Manual; setbacks regarding fuel islands and buildings, which the DD now has some 0-foot setbacks. Moghaddam verified with staff that gas stations built outside of the Downtown District would be required to comply with the regulations of the district in which they are building. 12. Consideration and possible action regarding proposed amendments to City of Friendswood Code of Ordinances, Chapter 26, Environment, Article IV, Weeds, Brush, Rubbish, regarding adding certain provisions and making certain text changes Motion to approve: Moghaddam Second: McLean Vote: 7 to 0 (unanimous) Motion Carried 13. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Motion to hold the next regular meeting on January 6, 2011: Holland Second: O'Farrell Vote: 7 to 0 (unanimous) Motion Carried 14. Communications fi•om the Commission Gibson stated that CEDC rescheduled their next meeting for next Wednesday at 8:30am. Gibson will be out of town, but Moghaddam will attend for him. Holland said hats off to staff and everyone for getting these items through. McLean stated that next year, the Commission will start off looking at 4 hot items. Gibson stated he would like to look at Major Thoroughfare plan in detail. Holland stated that in January the Commission will have an election for a P&Z chair and vice chair because he will be leaving the Commission. 7 15. Reports a. Council Liaison - None b. Staff - None 16. The regular meeting was adjourned at 8:40pm. minutes submitted by: Development