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.
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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.
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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.
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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.
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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
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