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HomeMy WebLinkAboutP&Z Minutes 2010-03-18 Joint Public Hearing w/ City CouncilMINUTES OF A JOINT PUBLIC HEARING AND PLANNING AND ZONING MEETING THURSDAY, MARCH 18,2010 7:OOPM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS JOINT PUBLIC HEARING 1. The JPH was called to order at 7:00pm with the following people in attendance: Chairman Kevin Holland Commissioner Jim Gibson Commissioner Hassan Moghaddam Commissioner David O'Farrell City Attorney Bobby Gervais Mona Miller, City Planner Morad Kabiri, Dir. of Community Dev. Frank Marigold, Dep. Dir. of Comm. Dev. Rhonda Baker, Adm. Assistant Mayor David Smith Mayor Pro-Tem Andy Rivera Councilmember Jim Hill Councilmember Bill Holbert Councilmember Leslie Reid Councilmember Mike Barker Acting City Manager Robert Wieners City Attorney Bobby Gervais Interco City Secretary Melinda Welsh Councilmember Barr was absent fiom the meeting. JOINT PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to the Permitted Use Table to clarify references to certain uses, incorporate and also correct inconsistencies and to more specifically describe them by use of the 1997 NAICS (North American Industry Classification System) reference numbers. Change NAICS use #3391 Medical equipment & supplies manufacturing, from "permitted" (P) to "office use only" (0) in Office Park District (OPD). Permit NAICS use # 531120 Lessors of non-residential buildings (Banquet and Event Center use only), in Community Shopping Center (CSC), Downtown District (DD), Planned Unit Development -Mixed Use (PUD-Mixed use), Light Industrial (LI) and Industrial (I) by adding a "P". Also, allow this use in Planned Unit Development (PUD) with a Specific Use Permit (SUP) by adding an "S". Change NAICS use #721 Accommodations to require a Specific Use Permit (SUP) in each of the zoning districts that the use is currently "permitted" in by changing the "P" to an "S" in Community Shopping Center (CSC), Downtown District (DD), Planned Unit Development — Mixed Use (PUD-Mixed Use), Light Industrial (LI), Industrial (1) and Business Park (BP). Change NAILS use #7224 Drinking places (alcoholic beverages) to require a Specific Use Permit (SUP) in each of the zoning districts that the use is currently "permitted" in by changing the "P" to an "S" in Neighborhood Commercial (NC), Downtown District (DD), Planned Unit Development — Mixed Use (PUD-Mixed use), Light Industrial (LI) and Business Park (BP). Permit Multi -family dwellings in Downtown District (DD) on the second floor by adding "P(a)" ("a" being the note that this use is only allowed on the second floor). Downtown District verbiage already allows residential on the second floor. This change will reflect it on the PUT, Permit Single-family dwellings in Downtown District (DD) on the second floor by adding "P(a)" ("a" being the note that this use is only allowed on the second floor). Downtown District verbiage already allows residential on the second floor. This change will reflect it on the PUT. Permit Home Occupation in Agricultural District (A-1) by adding a "P". Single family homes are already allowed in this zoning district. Permit Swimming pools in Agricultural District (A-1) by adding a "P". Single family homes are already allowed in this zoning district. Change to permit NAICS use #531120 Lessors of non-residential buildings (Banquet and Event Center use only) in Neighborhood Commercial (NC) by adding a "P". Planning and Zoning Commission Chairman Holland informed the audience that this public hearing is not specifically about the hotel but about amending the Permitted Use Table. i Mayor opened Council's portion of the Joint Public Hearing. Bobbie Jones, Friendswood resident, stated she is extremely angry that the Mayor stated at the last City Council meeting that tonight's subject would be on the hotel and animal shelter, was told she cannot talk about the Sleep Inn because its not on the agenda, had so much faith in her City, feels extremely let down and does not appreciate being told things that are not allowed tonight. Jackie Gibson, Friendswood resident, stated she is speaking for several people, favors classification of CSC District, properties being subject to Special Use Permits for any Accommodations use or any NAICS 721, others are here in favor as well and asked them to stand to show their support, several people in the audience stood. Stacy Pagel, Friendswood resident, stated she is glad everyone comes out to support these causes, important that the community binds together in this time of crisis, very important that they appreciates the ability that there may not be a hotel there, is against having a 2 star hotel being across from Windsong Elementary. Thinks any hotel or any Commercial with Accommodations zoned to allow a hotel should be away from the schools and needs to be somewhere not a high traffic area especially near children, the community loves this City, concerned for property values and children's safety, wants children to grow up in a nice neighborhood, knows Council is responsible for holding up citizen's investment, future of this City, and for the planning and zoning of the City, feels Council and Planning and Zoning Commission needs to hear how citizens feel, cannot just walk away from this and say can do nothing, as citizens, Council and Planning and Zoning Commission have to do it, all have to help, is vehemently opposed to anything that would get in the way of her children's future. Mayor Smith reminded that this public hearing is to receive input regarding change in zoning is (Accommodations) and not specifically to one piece of property. Vera Smart, Friendswood resident, stated Friendswood started out as a family oriented settlement, prefers to remain a bedroom community, needs thriving businesses but not when it harms the citizenry, be sensitive to neighborhoods that are already there and not just outside interests, do not change quality of life, protect places that have been there a long time, put citizens and neighborhoods needs first and not outside interests, spoke recently about the veterinary clinic that was going to go in at Mary Ann and FM 518, is a bad thing for homeowners, under Planned Unit Development (PUD) a driveway was permitted, a traffic survey was done August 5 when people were on vacation, please change so that a special permit is needed. Mayor Smith reminded speakers again the topic of the public hearing. Jeff Moser, Friendswood resident, stated he lives in Boca Raton and is a new Council candidate for Position 6. Mr. Moser further stated he would like to bring a word to Council and that is accountability, are responsible for citizens, elected Council and Council is responsible for citizens, trusted them and failed us, fell asleep at the wheel, tonight have a chance to correct, have a chance tonight to make changes, do not make the rest of the City suffer as they are suffering. Mark Tilley, Friendswood resident, stated he is hoping what may be implemented tonight will help, is very important, this cannot happen, is not a strip mail being built behind someone's house or veterinary clinic, is a total invasion of privacy and safety issue, hopes and prays that this gets passed tonight, has a lot more battle to go in Boca Raton, Mission Estates and San Joaquin neighborhoods, is proud that they have taken on and does realize there are legal issues with hotel, has to nip in the bud and take care of the people that support this community, kids are most important. Mindy Comstock, Friendswood resident, stated she was not going to speak but changed her mind and is buffaloed that at the last meeting was told that Council would have a special meeting and there would be two items to be discussed and wonders why it is not on the agenda, has been researching each one of Council, who is running is against who, is not impressed with some of the candidates and named them. The Mayor asked her not to make personal, political swipes, is not appropriate, can have a discussion about what is on the agenda. Ms. Comstock stated does not get that a give and take is going to happen tonight, thought a whole different thing was going to happen tonight. Mayor Smith explained that input for this Joint Public Hearing (JPH) is for changing the law regarding Community Shopping Center (CSC) and not just the hotel and animal shelter. Janis Lowe, Friendswood resident, stated she would like to talk about residential use in the Downtown District, would like to reconsider this topic and remove any residential ability as well as any future ability that Council is proposing tonight, is not out of land yet so density does not need to be a priority, by putting residential ability above the quest for office buildings, etc., in downtown will only exacerbate a conflict between business owners and future citizens in regards to those needs residents have over business owners such as waste disposal, school buses, public safety and emergency services, needs are different for City services. Opening downtown up for residential will bring more problems for future Councils. Until Friendswood needs to go up versus out need to reconsider any residential in the Downtown District. Thinks the issue may be 3 an economic driver for future business owners to come to Friendswood for varied use, The support of the citizens is where she wants Council to go. People living in a multi -story building would have same rights as her but different problems than residential. Deirdre Carey Brown, Friendswood resident, stated she is in favor of an Specific Use Permit (SUP) for Accommodations, is concerned about what notice considerations were given for this meeting, might be warranted for Council to look at a special motion at the next regular meeting to address notice concerns. Janis Lowe stated she would like to raise a legal issue on the definition of Single Family in the proposed residential use on the second floor, a Single Family dwelling by her training and definition is a flee standing unit, how can you have a Single Family dwelling on the on the second floor of a commercial building. Mayor Smith asked City Secretary Melinda Welsh what notice was given to the community and Ms. Welsh answered that the Joint Public Hearing notice was published in the City's official newspaper and the agenda was posted in the City Hall glass case and the Friendswood Library and sent out on Groupbuilder. Mayor Smith asked City Attorney Bobby Geivais if this was the City's normal practice for sending out legal notices and he answered yes it is. Mayor Smith asked Janis Lowe to return to answer her question and he stated in their business as realtors single family residential is the box or house that sits on a piece of land separate from other homes, in this situation is similar to apartment complex, is one family living in the dwelling. Janis Lowe stated at least the Single Family dwelling as she reads it would have a common floor with the downstairs business owner, would have common walls and would create a complicated taxing issue. Planning and Zoning Commission member David O'Farrell asked Ms. Lowe what she thought would be built that would be problematic. Ms. Lowe stated a building is built and the building owner would be looking for lessors on the bottom floor and tenants on the top floor, trying to identify living space would be a problem. Community Development Director Morad Kabiri stated the Mayor's definition was correct and explained what the difference is between Single Family Residential (SFR) and Multi -Family Residential (MFR). Councilmember Reid asked if in current designation is there a limitation as to whether they can be owned and then rented out or whether they have to be owner occupant and Morad Kabiri stated there is not, is on proposed changes tonight because Downtown District regulations permit it and Permitted Use Table (PUT) does not, making sure they coincide. Mayor stated most of the items on tonight are for house cleaning, tables do not match up with ordinances that have been approved over the last 10 years. All of the things changed are already approved it is just cleaning up except for a few items such as Accommodations being one of them. 4 Bobbie Jones stated thought they would be discussing animal shelter and wants to know where it is on the agenda. Mayor stated that item is on the agenda as an ordinance after the Joint Public Hearing. Deirdre Carey Brown stated should clarify what notice would be necessarily required, issue has been raised. Rob Lynch stated have been coming to meetings to discuss the hotel and wonders when citizens will be able to discuss it, when meeting notice gets put out can you put hotel on the notice. Mayor Smith stated he can, discuss with citizens after the meeting, is not on the agenda. Councilmember Barker asked the City Attorney Bobby Gervais what notice is required by law. Bobby Gervais stated if it is a global change to the zoning ordinance that is citywide then only newspaper notice is required, if specific property then have to notify residents within 200 feet, notice in the newspaper and a sign on the proposed zone change property. Councilmember Barker asked if the City had complied with the law and City Attorney answered yes it had. A Friendswood citizen stated there is a lot of frustration out there and apologized for some of the crowd, is it possible to recess the meeting to speak to the citizens that do not want to wait until the end of the meeting and can talk to citizens outside of the meeting. Mayor Smith explained what was happening tonight at the meeting and stated after public input at the public hearing and the one other item is decided on any Councilmember or himself can speak after the meeting. A Friendswood resident stated the way it is zoned Commercial in Friendswood can have a hotel. This is what they are taking up tonight to change it, would be ironic if it was changed for future and not ones already done. Bobbie Jones asked when Council speaks to Ordinance A on the animal shelter can she make comments and Mayor Smith stated only if a Councilmember asks her a question, Mark Tilley stated is there a notification process in the charter or in Comprehensive Plan that would give citizens a heads up as to what is going on in the community. There are over 1500 homes that this would impact, does respect that these Council were not in office when it happened and is glad they are addressing it, needs notification when something like this is going into their neighborhood. Planning and Zoning Commission member David O'Farrell stated as they are looking at the potential changes has asked City Attorney to help with changes, when affects abutting property that is next to Commercial would go the extra step and would send out all within 200 feet, would not cover entire subdivisions but would be enough people likely to trigger community awareness through homeowner's associations, etc. Mayor Smith stated if that kind of change is what is wanted there is a process to make that change which is similar to what are going through tonight, process is laid down by law to make those changes, if want it to stick have to follow that process and talk about what is on the agenda only. Friendswood resident stated ordinance is backwards, the way he understands is that when Accommodations is added you do not have to notify anyone in writing but a zone change you do, wants to go on the record as saying Council had said residents could discuss hotel at a future meeting and cannot tonight. Mark Tilley asked when are Community and Economic Development Committee going to be able to communicate with the public on what their goals are, needs to know what is going on, what are plans for our City. Councilmember Reid stated would like to clarify that Public Comments are for regular meetings and can talk about anything going on in the City. A Public Hearing is different because it is specific to the item on the agenda. Tommie Echols, Friendswood resident, stated he owns two properties on the west side of Friendswood on in Boca Raton and one in Sterling Ridge and asked Planning and Zoning Commission to put whatever amendment and make it retroactive to any multi -use property where there is residential areas within 600 ft. of any multi -purpose Accommodations i.e. motel, one star, two star, three star or whatever star, do not allow another citizen be disappointed when they see a sign go up that there will be a motel right behind their house that will bring in situations of pedophiles, thievery, sexual abuse and prostitution, stop it now and make it retroactive. If Friendswood wants a hotel make it out on Highway 45 in the City of Friendswood by Baybrook Mall where a top notch hotel can come in. Stacy Pagel stated she agrees with Mr. Echols 100% but if the City made this retroactive then the City would be sued and would lose their pants, would have a bigger problem on our hands, would have to make a one time exception but then it would be another and another, have to find a way to work together to get this done. Bobbie Jones stated it is a little late but thank you for proposing Accommodations to keep other hotels and motels out of residential areas and away from schools. Councilmember Rivera asked for a show of hands in the audience of people that were also in favor and a large amount raised their hands. Hearing no further comments Planning and Zoning closed the Joint Docketed Public Hearing at 8:00pm. REGULAR MEETING 1. The Planning and Zoning meeting was called to order at 8:04 pm, 2. Communication from the public/committee liaisons None 6 3. Consent Agenda: A. Approval of minutes for the February 4, 2010 regular meeting Motion to Approve: Gibson Second: Moghaddam Vote: 4 to 0 (unanimous) Motion Carried 4. Consideration and possible action regarding proposed amendments to Appendix C -- Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 7. Permitted uses. Motion to Approve: Moghaddam Second: Gibson Vote: 4 to 0 (unanimous) Motion Carried Consideration and possible action regarding the preliminary plat of The Reserve at West Ranch, Section One, being 16.5 acres out of the John Dickinson Survey, Abstract 9; also being a portion of Lots 74-77, 95, 97, 98 and 99 of the Slone Subdivision as recorded in Volume 3, page 61 A (Vol. 254A, Pg 6), G.C.M.R., Galveston County, Friendswood, Texas (tabled 314110) Motion to Approve: Gibson Second: O'Farrell Vote: 4 to 0 (unanimous) Motion Carried 6. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Chairman Holland made a motion to combine the April Istmeeting with the JPH on April 5th, 2010. Motion to Approve: Holland Second: Moghaddam Vote: 4 to 0 (unanimous) 7. Communications from the Commission 8. The meeting was adjourned at 8:18pm. These minutes submitted by: Rhonda Baker Administrative Assistant Motion Carried 7