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HomeMy WebLinkAboutP&Z Minutes 2010-02-22 Joint Work Session and Public Hearing w/ City CouncilPLANNING & ZONING COMMISSION MINUTES OF A JOINT WORK SESSION & JOINT PUBLIC HEARING MONDAY, FEBRUARY 22, 2010 6:15PM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS FOLLOWED BY A SPECIAL MEETING AT THE FRIENDSWOOD LIBRARY MEETING ROOM 7:30PM JOINT WORK SESSION 6:I5PM-CITYHALL COUNCIL CHAMBERS 1. The Joint Work Session was called to order at 6:18pm with the following people in attendance: Chairman Kevin Holland (late) Commissioner David O'Farrell Commissioner Jinn Gibson Commissioner Hassan Moghaddarn Morad Kabiri, P.E, AICP, Director of CD Aubrey Harbin, Development Specialist Bobby Gervais, City Attorney 2. Discussion with City Council regarding: Vice Chairman Mark McLean Commissioner Ruben Garcia Commissioner Mike Huss Mona Miller, Planner Frank Mangold, Deputy Director of CD City Council A. Proposed amendments to Appendix C — Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 7.P. Permitted uses. Kabiri explained the Zoning District acronyms that are on the Permitted Use Table. McLean stated that the Commission has discussed the proposed changes and agrees with staff s recommendations, which are indicated in red. He stated that the change regarding Accommodations in the CSC zoning category is a major concern and is a result of the proposed hotel issue, and that most of the other changes are cleaning up inconsistencies. There was much discussion about requiring a Specific Use Permit for Accommodation, which would require newspaper notices, property owner notices, a sign on the property and a Joint Public Hearing. It was also suggested to require a SUP in NC for Use #7224, Drinking Places (alcoholic beverages). 3. The Joint Work Session adjourned at 6:38pm. JOINT PUBLIC HEARING (7,00PM- CITY HALL COUNCIL CHAMBERS) 1. The Joint Public Hearing was called to order at 7:07pm with the same people in attendance. 2. Receive comments from the public, both oral and written, regarding: A. Proposed zone classification change from Single Family Residential (SFR) to Single Family Residential - Estate (SFR-E) at 1108 Coward Creek Drive, being 1.6554 acres in the Sarah McKissick or J.R. Williams League, Lot 5 of Coward Creek Subdivision, Section 1, AND previously described as part of Lot 2 and 4, Block F of Central Park Subdivision, Galveston County, Friendswood, Texas FOR: None AGAINST: None 3. The Joint Public Hearing was adjourned at 7:09pm. SPECIAL MEETING 7:30 PM- FRIENDSWOOD LIBRARYMEETING ROOM 1. The special meeting was called to order at 7:30pm with the following people in attendance: Vice Chairman Mark McLean Commissioner Jim Gibson Commissioner Hassan Moghaddam Mona Miller, Planner Aubrey Harbin, Development Specialist Commissioner David O'Farrell Commissioner Mike Huss Commissioner Ruben Garcia Frank Manigold, Deputy Director of CD 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. Flolvever, the Commission inay direct such subjects be placed on a later regular Coinnrission agenda for discussion andlor possible action) Charles Prendergast, Friends -wood, stated that he on the Board of Directors of Boca Raton Home Owners Association and that he is speaking in regards to requiring a SUP for the Accommodation use. He said that he spoke once before about this issue and it was his understanding that it may not help with the current situation. He stated that City Hall is currently full of people giving the Mayor and City Council their opinions about the proposed hotel. He stated that he still opposes the proposed hotel vehemently. He said one issue that was made previously by Kurt Roberts is that the proposed hotel could be used for displaced persons and low income housing vouchers. There was an article in the Galveston. 2 paper that the Mayor of Friendswood as well as League City and Dickinson were approached by the Galveston Housing Authority for that issue. He stated that the Housing Authority wanted to purchase apartment housing in which to house low income people. He stated that there are many good people who are low income, but do we really want them housed in a Sleep Inn in Friendswood, and it is very possible that it could happen. Mr. Prendergast said he is looking to P&Z to keep this from happening and to the Mayor and Council to keep it from happening in the future. He stated that there are lots of other places for this type of development in Friendswood that are not close to schools, churches or people's homes. Brent Evernden, Friendswood, asked in regards to changing the city ordinance, will the change have an affect on the current proposed hotel. McLean explained that the Commissioners cannot answer questions during the public comment portion of the meeting and staff provided him a number to call City Hall during business hours. 3. Consent Agenda: A. Approval of minutes for the January 21, 2010 regular meeting Motion to remove minutes for January 21, 2010 from the consent agenda: McLean Second: Gibson Vote 6 to 0 (unanimous) McLean requested that "on the restricted reserves" be removed from fourth paragraph Motion to approve with the following change: McLean Second: Gibson Vote: 6 to 0 (unanimous) Motion. Carried 4. Consideration and possible action regarding the final plat of Disiere Office Park, being 2.942 acres out of Lot 1, Block 2, Friendswood Subdivision, recorded under Volume 254, Page 37, G.C.M.R., Sarah McKissick League, Abstract 151, Galveston County, Friendswood, Texas Motion to approve: Moghaddam Second: O'Farrell Vote: 6 to 0 (Unanimous) Motion Carried 5. Consideration and possible action regarding the commercial site plan of Hometown Sank at 601 S Friendswood Drive. Motion to approve with staff comments: Garcia Second: Moghaddam Vote: 6 to 0 (Unanimous) Motion Carried Miller explained that all staff comments with the exception of item.2 have been addressed. Item 2 is to address remaining engineering concerns regarding the civil plans. 3 O'Farrell questioned the parking calculations and it was explained that staff requested them to calculate parking based on worst case scenario or absolute maximum occupancy that would be allowed. David Valtieira, Bay Architects, stated that the owner of the building plans to house a tenant that would be complimentary to the bank. 6. Consideration and possible action regarding the commercial site plan of Chase Bank on Parkwood Avenue (FM 528) Motion to approve with staff comments: Gibson Second: Garcia Vote: 6 to 0 (Unanimous) Motion Carried Gibson asked if the cumulative parking has been looked at on this site. Miller explained that each building and its parking has been reviewed independently. 7. Consideration and possible action regarding a one time, six month extension on the preliminary plat of The Dominion Motion to approve: Moghaddam Second: Garcia Vote: 6 to 0 (Unanimous) Motion Carried Miller explained that this is a request for a one-time, six-month extension of the preliminary plat. The developer had to obtain City Council approval for a street name change, so they need more time. The proposed development is a gated, estate -type development. 8. Consideration and possible action regarding proposed amendments to Appendix C -- Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 7.P. Permitted uses. Motion to recommend to Council to write an ordinance to correct inconsistencies on the Permitted Use Table and require a SUP for Accommodations and Drinking Places: Gibson Second: Moghaddam Vote: 6 to 0 (unanimous) Motion Carried Gibson stated that the motion is consistent with the discussion with City Council. This proposal will require drinking establishments, hotels and restaurants in CSC and NC zoning districts go through the eye of the needle. He stated that it was pointed out previously that all property zoned CSC and NC within the City is in someone's back yard and requiring a SUP would give City Council and P&Z the authority to deny a use that may not be compatible. O'Farrell stated that the Commission and City Council need to think about requiring a SUP for all of those uses because if adjacent property owners can protest a commercial development, they are going to. He stated that he understands requiring a SUP for a hotel and maybe the bars, but does Council really want to be in that position for every restaurant, etc. He stated that over the last five years, the move has been to get commercial development going and the alcohol ordinance was changed and he feels that changing this would throw a wrench into that work. 11 McLean suggested that staff write a few versions of proposed ordinances regarding drinking places, bars, and hotels for P&Z and Council consideration. Possibly one proposal wlrestaurants requiring an SUP and one without, but Miller explained that options would slow down the process. Gibson amended his motion to only require a SUP for Accommodations (#721) and Drinking Places (47224), not Food Services, and Moghaddam agreed on the second. There was some discussion that other cities do require Conditional Use Permits for accommodation uses. O'Farrell also stated that the ideal zoning is a tiered system that transitions from commercial to multi -family and then residential, but most of the commercial areas in Friendswood do not have the depth to accommodate this system. 9. Consideration and possible action regarding a proposed zone classification change from Single Family Residential (SFR) to Single Family Residential - Estate (SFR-E) at 1108 Cowards Creek Drive, being 1.6554 acres in the Sarah McKissick or J.R. Williams League, Lot 5 of Coward Creek Subdivision, Section 1, AND previously described as part of Lot 2 and 4, Block F of Central Park Subdivision, Galveston County, Friendswood, Texas Motion to Table: Gibson Second: O'Farrell Vote: 6 to 0 Item Tabled There was discussion about whether any other property owners have applied for the SFR-E zoning and staff explained that this is the first, but another application is in process. There was also some concern of this owner changing their zoning, but not the surrounding property owners. O'Farrell asked that if the property owner realizes their property is more valuable as two lots in the future and wants to change their zoning back to SIR, would they have to go through the zone change process again and staff answered yes. Miller stated that this property is currently designated as SFR-E on the Future Land Use Map. There was further discussion among the Commissioners about the possibility of spot zoning and the fairness of individual property owners applying for the SFR-E zoning. Miller can confirm with legal, but should not be a problem because it is a continuation of residential use, not imposing a commercial use amidst residential use. It was stated that changing individual lots to SFR-E is not going to hurt the City, but that it may or may not be beneficial to the property owners. It really depends on whether or not their neighbors change their zoning. It was suggested that maybe the zoning district of SFR-E require a minimum number of lots contiguous for this to be a viable zone. Miller explained that as a result of the Town Hall Meeting in November 2009, direction from City Council was to leave it to property owners to apply for zone change on an individual basis. 5 Item was tabled to allow staff time to verify with City Attorney on the legality of the zone change and to ensure that this is the direction City Council would like to take. 10. Consideration and possible action regarding Ad Hoe Communications Committee No action taken. McLean stated that he has not been informed about when the next meeting for this committee will be held and asked for any other ideas. Miller stated that it was suggested previously to notify the public each time a subdivision plat, and maybe even site plans, comes through the City, but needed clarification to the extent of the type of notice and a time frame. She explained that State law requires notification for replats and zone changes in the form of a sign on the property, a newspaper notification and notices mailed to property owners within 200 feet of the subject property. Gibson explained that his thought was just a letter mailed to property owners within 200 feet of the property a week prior to a meeting. Miller explained that staff can prepare verbiage for the Commission to review. Moghaddam suggested maybe posting items on the City's Web site, but there was concern of not everyone having access to the Internet or being computer literate. Kevin Holland entered at 8,20pm. Harbin suggested changing subdivision ordinance to require notice for recorded and unrecorded subdivisions. Commissioners requested this be placed on the next agenda for discussion, O'Farrell stated that if there is a place where the City should be spending money, it is communication. Harbin also reminded the Commission of GroupBuilder, which is an e-mail distribution software that the City already has. Also, there is an option to require a conceptual plan from a developer. McLean questioned at what point, if any, should the City announce a proposed development. O'Farrell suggested a mailer to property owners adjacent to a commercially zoned property informing them of possible uses on the property next to them. Miller was concerned with giving a property owner false hope of being able to make changes to someone else's property. O'Farrell's suggestion is to send an invitation to citizens to obtain information and become educated about the properties that surround theirs. Holland asked staff to look at CSC zoning adjacent to SFR zoning to have some information as a reference. He also suggested using the Community Development Newsletter to convey information to residents. It. Discussion regarding election of new Planning and Zoning Commission Chair and Vice -Chair Holland informed the Commission that he will be running for City Council. He also explained that Vice Chairman McLean is going to be out of tow for a few weeks. Holland designated Jim Gibson as Chairperson in the absence of himself and McLean. Gibson also took the assignment of GCCDD liaison to relieve Holland. 12. Communications from the Commission O'Farrell said that he hopes to be open and inviting of one another's questions in the effort to genuinely seeking information to become well informed in order to make better ordinances and be beneficial to the City. 13. Reports a. Council Liaison --- not present b. Staff -- Miller stated that she was asked to clarify the status of the plans for Sleep Inn at a previous meeting and she stated that construction plans were approved. The clarification is that the construction plans were for the construction of the infrastructure for the four lot subdivision, not the building construction plans. She also informed the Commissioners that she ermailed out results of the recent ZBOA meetings and that the Commissioners will be receiving that information on a regular basis. She also provided them copies of the revised P&Z resolution. Frank Manigold verified for McLean that the hotel has not submitted a site plan or received approval to begin construction. 14, The meeting was adjourned at 8:55pm. These minutes submitted by: 4 k) nuk/nl,� 0 � �j A A-2 Aubrey Har in, L Development Specr 'st 7