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HomeMy WebLinkAboutP&Z Minutes 2010-03-04 RegularPLANNING & ZONING COMMISSION MINUTES OF A REGULAR MEETING THURSDAY, MARCH 4, 2010 7:OOPM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 1. The regular meeting was called to order at 7:05pm with the following people in attendance: Chairman Kevin Holland Commissioner Jim Gibson Commissioner Mike Huss Commissioner David O'Farrell Mona Miller, City Planner Bobby Gervais, City Attorney Aubrey Harbin, Development Specialist Morad Kabiri, Dir. of Comm. Development Frank Manigold, Dep. Dir. of CDD Jim Hill, City Councilmember 2. Communication from the public/committee liaisons Jeff' Moser, Friendswood, spoke in regards to the proposed hotel at FM 528 and San Joaquin Pkwy. He stated that he does not want to repeat all of the complaints and concerns, and thanked the Commission for the support thus far and asked that the Commissioners continue to pressure everybody, every way and any how so that the proposed hotel does not get built. He stated that he is running for City Council position 46. Charles Prendergast, Friendswood, stated that it is unclear to him and others who were at the meeting last Monday night as to what is going to happen on March 18 and he would like clarification. He stated that he is not sure that some Commissioners are not in favor of the hotel being built. He stated that if the hotel gets built, it is across the street from a school and could house sexual predators and people with public vouchers for an indefinite period and possibly other criminal elements. He stated that this particular franchise has a history if this in other cities, and he does not want this in Friendswood. He also questioned how the ordinance got changed to allow this. He stated that he understands it was a different Commission and Council when it was changed. He stated that when Raton Plaza was built, surrounding property owners received notice and were allowed to provide input during the site plan approval process. He stated that no one received notice on this until it was in the newspaper and since then, and he and other residents have printed ads protesting the hotel in the newspaper and have also posted signs at local businesses that will allow them, He stated that the residents get the feeling that City Council and P&Z are not listening and are unsure of what is being done to stop the hotel. Holland stated that the last meeting with City Council was a workshop to discuss changes to the Permitted Use Table. The next step is a Joint Public Hearing that is intended to hear comments and input from the public, P&Z makes a recommendation to City Council and they make a decision. To change an ordinance, it must go through two readings by City Council. Holland also asked if anyone from Boca Raton has contacted Sleep Inn, and Mr. Prendergast said he thought someone had contacted them. Mr. Prendergast stated that the posted minutes on the City's web site are behind and it is difficult for everyone to keep up with what is going on. Mindy Comstock, Friendswood, stated that she worked a 12-hour shift today and that she is missing their last playoff games to be here. She said that she made a flyer and made 2,000 copies to distribute, and she ordered car magnets for her vehicle. She stated that she did not pay much attention before, but now she is learning each person's name and what they stand for and what they do. She stated that she feels this started with the Economic Development Corporation, so she has been educating herself on that board, as to whether those people are appointed or elected. She said she is disappointed in the way this is going. She stated that she will be here for the meeting on March 18. She stated that people who do not live in the two immediately affected subdivisions think the proposed hotel issue has died. Mrs. Comstock stated that the outreach that she has, her perseverance and determination and her sense of sacrifice will help stop this from being built. She also stated that her daughter will be going to Windsong next year. Mark Tilley, Friendswood, stated that he has been doing a lot of research and that his biggest concern is that he is hearing that the 200-foot rule is not really an ordinance or law, but he asks what he is reading online in the Zoning Ordinance that requires notices. He stated that his son and nephew have handed out 1,000+ flyers, and that he has found two people who may be in favor of the proposed hotel in all the people he has talked to. He stated that no one in the area is for this hotel and no one knows how this [project] got this far. He said he met with City Council people and things are not looking great. He stated that he is going to do everything in his power to keep this from happening. Jim Hill, Councilmember, stated that Council has never taken a vote pertaining to this motel and that it was not a zone change, which is the only time Council gets involved. Actions on the Permitted Use Table will only keep this from happening again and City Council acted as fast as possible. The City has to abide by the rules and process and is doing the best they can. He stated that he found out about it from the newspaper also. He explained that many times, a developer may go to the newspaper to get advanced publicity, and that staff does not know what projects are going to happen until applications are made to the City. Councilman Hill stated that Council has taken actions to be more open to the citizens. He stated that minutes are behind on the web site because of the time it takes to process them and get them approved, but anyone is welcome to come to City Hall and obtain a DVD or CD recording of the meetings long before the minutes are posted on the web site. He stated that he appreciates the position of the citizens and would be happy to explain why he is on City Council. He said that sometimes well -intended people do things that have unintended consequences. 3. Consent Agenda: Consideration and possible action regarding the following: 0) A. final plat of West Ranch Restricted Reserve D, being 17.29 acres out of the John Dickinson Survey, Abstract 9; also being a portion of Lots 92-94 and 111-114 of the Slone Subdivision as recorded in Volume 3, page 61A (Vol. 254A, Pg 6), G.C.M.R., Galveston County, Friendswood, Texas Motion to Approve: Gibson Second: O'Farrell Vote: 4 to 0 (unanimous) Motion Carried Miller explained that this is a detention pond for West Ranch on the south side of FM 518. O'Farrell had some questions for staff as a result of the public comments. He asked in regards to the changes to the PUT for accommodations in 2001,would there had to have been a notice mailed to property owners within 200ft and was there? Kabiri explained that notices are only required in regards to changes on a particular piece of property and if it is an ordinance change, it is posted in the newspaper. O'Farrell asked what it would take to get the ordinance changed and Kabiri explained that the current ordinance is in accordance with what State law requires and if City Council wanted more than that, the ordinance would have to be amended. 4. 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 (tabled 2/22/10) Motion to Approve: Gibson Second: Huss Vote: 4 to 0 (unanimous) Motion Carried 5. 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 61A (Vol. 254A, Pg 6), G.C.M.R., Galveston County, Friendswood, Texas Motion to Table: Gibson Second: Holland Vote: 4 to 0 (unanimous) Item Tabled Item tabled at the request of the applicant. 6. Consideration and possible action regarding possible amendments to Appendix C — Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 7.5 Community overlay district Motion to withdraw from agenda: Gibson Second: Holland Vote: 4 to 0 (unanimous) Item Withdrawn 3 7. Consideration and possible action regarding possible amendments to Appendix A -- Sign Ordinance of the City of Friendswood Code of Ordinances No action taken. Gervais stated that he did some research on a proposed change that was discussed previously and he found a checklist to use in writing sign ordinances. He explained that sign ordinances are very tricky because of first amendment rights and sign law. He explained that the City cannot regulate content on a sign, but can limit time, manner and place of signs. One possibility could be messages. Private property needs to be broad, maybe limiting visibility of signs from lanes of traffic. Gervais stated that he can re -work the proposal and discuss further. Gibson would like to move forward because he is concerned with traffic safety. Gervais will continue to research and propose an ordinance. Holland asked if there is another way to go about addressing the issue. Gervais explained that there are obstruction of ROW ordinances that are already on the books that may be applicable in the instances of people standing in the public ROWS. There was some discussion about adopting some distance requirements to get sign holders further away from the street or limit the size of the sign. 8. Consideration and possible action regarding Appendix C -- Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 8.N. Downtown district supplemental requirements Motion to withdraw fiom agenda: Gibson Second: Holland Vote: 4 to 0 (unanimous) Item Withdrawn 9. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Miller explained that the next regular meeting and JPH with City Council is scheduled for Thursday, March 18. She also informed the Commission that on April 5 will be a JPH with City Council to consider a zone change. 10. Consideration and possible action regarding Ad Hoc Communications Committee No action taken. 11. Communications from the Commission Huss stated that he not receiving notifications of the Parks Board meetings. O'Farrell stated that he would like to propose that changes to the permitted uses inside of a zoning category require a notice be sent to property owners within 200 feet of any property with that zoning category. He would like to check into the legality of it and for the Commission to discuss the possibility of forwarding it to Council as a 4 recommendation, He stated that people are feeling that things are being changed behind closed doors and that the City should spend money in this area. Miller explained that changes to the PUT could potentially affect hundreds of properties at a time and that a city-wide mail out may be better. Holland stated that the question was raised earlier in the meeting of how this happened meaning the proposed hotel in the CSC zoning. He stated that he understands that the change was made in the process of planning for the Whitcomb property which was a mixed use project to include hotel, retail and single family dwellings. It was a different Council, different Commission and he does not think it was intended for way it is being used now. 12. Reports a. Council Liaison - none b. Staff (1) February, 2010 DRC information was emailed Chairman Holland allowed a resident to ask a few more questions: Rebecca Adam, Friendswood, asked a question about sex offenders within 2,000 feet from a school, She asked for clarification on the ordinance and the definition of reside in reference to the hotel, but Gervais did not have answers prepared for this. She suggested that this be looked into. She also asked if the hotel site plan was approved and the about the format of newspaper notices, Staff will meet with her to answer questions. 13. The meeting was adjourned at 7:50pm. minutes submitted by: Aubi'by Harbin; Development S 5