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HomeMy WebLinkAboutP&Z Minutes 2011-01-20 Regular1 iilill ',; iilliiill MINUTES OF A REGULAR MEETING THURSDAY, JANUARY 209 2011 7:OOPM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 1. The regular meeting was called to order at 7pm with the following people in attendance; Chairman Kevin Holland Vice Chairman Mark McLean Commissioner Hassan Moghaddam Commissioner David O'Farrell Commissioner Jim Nye Commissioner Mark Tibbitts Commissioner Jim Gibson Mona Miller, City Planner Aubrey Harbin, Development Specialist Morad Kabiri, Director of CDD Frank Marigold, Dep. Director of CDD Bobby Gervais, City Attorney Councilmember Jim Hill Bill Olson, City Attorney 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 Commission may direct such subjects be placed on a later regular Commission agenda for discussion and/or possible action) Jackie Gibson, Friendswood, stated that she is speaking in regards to the claim filed by Mr. Ajay Jain for the proposed hotel at 2355 W. Parkwood Ave. She stated that she would not go over all of the reasons previously discussed as to why a hotel should not be built at this location, but that the purpose of a site plan from the Zoning Ordinance sums it up. She stated that a 3 story commercial hotel built in the backyards of residents will devalue property. She stated that City staff, Council and representatives do not appear to be forward thinkers and that if they were, we would not be standing here tonight. Ms. Gibson stated that Mr. Jain took a risk in purchasing the property and developing the property based on imperfect information provided by a City staffer and that the information provided to him did not come from a City Attorney and had no legal value. She stated that Mr. Jain has to follow the ordinances and codes in effect at the time of first permit. She stated that iri January 2010, Mr. Jain stated that he did not know what he was going to build on the property, but that records show that he began planning for the hotel as early as April 2008. She stated that he purchased the Choice Hotel franchise in April 2008. Ms. Gibson stated that she has reviewed the letter which provides 3 settlement options. She stated that the City should not issue the permit, should not be responsible for covering his risked capital by reimbursing him for the improvement costs and that she said that the property is not worth purchasing. Ms. Gibson stated that she is against any kind of settlement and that the City did him no wrong and owes him nothing. She stated that the tax payers should not have to cover his loss. Charles Prendergast, Friendswood, stated that he is speaking in reference to item 5 on the agenda regarding notification to citizens whose property abuts commercial property. He stated that he understands there are options that the Commission is going to consider, but that the only option is to notify citizens whose property abuts commercial property when a change is made to the Permitted Use Table. He stated if that had been done in 2001, we probably would not be dealing with the other issue that was spoken about this evening. He asked the Commissioners to consider that in their deliberations and stated that the citizens should be notified by the City. He stated that he understands that citizens should inform themselves, but he also thinks the City should provide notification and if the citizens ignore it, it is their own peril. 3. Consent Agenda: A. Approval of minutes for the: 1) January 6, 2011 regular meeting Motion to Approve: O'Farrell Second: Tibbitts Vote: 7 to 0 (unanimous) Motion Carried 4. Consideration and possible action regarding proposed amendments to Appendix C — Zoning Ordinance, Section 8.N.4.b., regarding fenestration Motion to approve staff s proposal: Gibson Second: O'Farrell Vote: 7 to 0 (unanimous) Staff proposal: b. Fenestration shall mean the (iceopenings in a wall such as doors and windows, to include faux windows whether transparent or not. Such windows may be inoperative but must be framed as a window and otherwise appear to be a window. Painted openings would not be counted in fenestration calculations. A. Fenestration along front or other facades visible to the public, shall be as follows: (1) Walls visible to the public shall have windows and or doors (i.e. no blank walls allowed). (2) Not less than 40 percent fenestration shall be provided for all ground floor primary facades (front or side) that face a public right-of-way. (3) Not less than 25 percent fenestration shall be provided for any facade (upper floors and those not facing a public right-of-way..<.M the ex ep#o., noted i ;+n,,, 2 Kabiri explained that this was discussed with Council in December in a workshop and P&Z proposed some changes that would allow P&Z to approve variations to fenestration in the DD if the proposal was equal or better. He explained that Council wanted to define parameters of the variations such as specific percentage or calculation. He stated that staff met and discussed the issue and is proposing to expand the definition of fenestration and add some verbiage to allow faux windows, which still achieves the aesthetics that is desired in the Downtown District. Holland verified with Kabiri that this proposal would have remedied situations that have come up with recent developments that have struggled in meeting the fenestration requirements of the Downtown District. Moghaddam stated that he feels that requiring 25 percent fenestration on the rear of a building is a safety concern. Kabiri explained that is required because with the 0-foot set back, many of the buildings will be at the front of the property and customers will be entering from the rear of the building so the rear of the building will be more visible. It was decided that the faux window allowance will address the safety issue at the rear of the buildings. McLean stated that he thinks the faux window verbiage addresses any issues that a building owner may have with safety and he does not see a need to change the 25 percent fenestration requirement. Kabiri explained that staff is also proposing to amend item 3 and remove item 4. 5. Consideration and possible action regarding proposed amendments to Appendix C -- Zoning Ordinance, Section 15. Amendments., regarding notification Motion to Approve Option #3 — states that notices "may" be emailed using the City's existing "News Alerts" program: Moghaddam Second: Nye Vote: 7 to 0 (unanimous) Motion Carried Kabiri explained the 3 options presented by staff. He explained the first proposal is to send notices to all property owners affected by an amendment to the PUT, which raised concerns at the workshop with Council about the onerous work on staff for this option. He explained that the second option states that the City may mail notices to HOAs that are registered with the City, but concerns with this option include the City and property owners relying on the HOAs to register and keep their information up to date and the HOA information is not included in the City's GIS mapping system making it difficult to determine which HOAs manage the properties. Kabiri explained that the third option staff is proposing is to add a group to the City's existing "New Alerts" program and allow property owners to sign up to receive the emails. He explained that the notifications that go out to the group would only be for changes to the Permitted Use Table. He also explained that the City could send out a one-time notice informing residents how to sign UP. McLean stated that in regards to Option 1, Mr. Olson pointed out some concerns with that option; the second option of sending out notices to I-IOAs does not seem to be an effective way to write an ordinance; and he stated that Option 3 seems to be the best option. He stated that he does agree that citizens should be. notified, but that the City is also has legal obligations. Gibson stated that a fourth option would be no change to how the City currently handles notifications. He asked Kabiri to explain the current procedure regarding a change to the PUT. He clarified that the proposed PUT changes that are printed in the newspaper do spell out the NAICS use numbers and descriptions. Gibson stated that he thinks Option 3 along with the current procedures would be sufficient. There was much discussion regarding the current notification requirements for zone changes and changes to the PUT. Tibbitts verified with staff that allowing the option for email notifications is going beyond what the State requires for property owner notifications. There was more discussion regarding how to sign up for the News Alerts and ideas on how to get the information out to residents on how to sign up and that the option is available. Kabiri stated that staff can mail out notice one time a year. Holland stated that the City also hands out packets of information to new residents when they sign up for water service and it may be an option'to provide the information with that packet. 6. Consideration and possible action regarding the Major Thoroughfare Plan Motion to discuss: Gibson Second: Tibbitts No action taken. Kabiri explained that the Blackhawk extensions on the Major Thoroughfare Plan were discussed at a previous Council meeting and that there were some concerns that the proposed extensions were not effective. Kabiri stated that CEDC suggested to leave the Major Thoroughfare Plan as is until there is a future conflict. He explained that Galloway School donated the required right-of-way as part of their recent SUP Amendment (2010-24) and will be required to donate the ROW before they obtain a Certificate of Occupancy, which is newly acquired ROW that the City did not have before. Holland stated that previously the extension near FM 528 dead ended near the Whitcomb property, but now that the school is donating ROW, it is not a dead end anymore. Kabiri explained that extension of City utilities to the panhandle is being planned right now. O'Farrell stated that he understands that the Council's idea to drop the extensions of Blackhawk was because of financial concerns. Holland stated that he and Gibson were on the Commission in 2004 and at the time the 2 MTP was created, the P&Z Commission was trying to plan for infrastructure in the panhandle area. He stated that the idea was to create commercial tax revenues without upsetting surrounding residents, which makes this a prime area because there are no homes in the area. O'Farrell asked Councilman Hill what the thinking was behind the unanimous decision of Council to remove the proposed extensions. Hill stated that it was financial concerns. It was clarified that it does not cost the City anything to leave the MTP as is and that it may attract developers if the plan is in place; therefore, no action was taken. 7. Discussion regarding the P&Z Annual Report to be presented to City Council McLean asked that the Commissioners email ideas for vision, goals and any problems to Mona. He explained that he and Kevin will present the P&Z Annual Report to Council on March 7. Miller will post a possible quorum notice. Consideration and possible action regarding a recommendation to City Council for City Attorney selection Motion to discuss: McLean Second: Tibbitts Holland stated that he reviewed the information provided and he is happy with the current counsel. He stated that with limited knowledge, he does not feel it is P&Z's purview to make a recommendation. McLean stated that he looked at all of the reports provided and that he has been happy with the current counsel as well. He also stated that the decision should not be based on fees presented by the potential law firms. Kafiri explained that in November Council removed 2 of the 7 applicants and that the goal is to prioritize the remaining 5, Nye agreed with McLean in not basing the decision on the fees proposed by the applicants and stated that all of the applicants look like good choices. Moghaddam stated that he agrees with the statements made. 9. Consideration and possible action regarding a tour of city facilities for Commissioners Motion to schedule City Tour on February 16, 2011, at 9:15: McLean Second: Moghaddam Vote: 7 to 0 (unanimous) Motion Carried Miller explained that at the request of some Commissioners, staff is going to put together a tour of City facilities and developments for the Commissioners. The City will provide lunch. 10. Consideration and possible action regarding election of a new chair and vice -chair No action taken. 11. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Motion to combine Feb. 3 meeting with JPH and Special Meeting on Feb. 7: Gibson Second: O'Farrell Vote: 7 to 0 (unanimous) Motion Carried The next regular meeting will be February 17, 2011. 12. Communications from the Commission McLean stated that he attended the last City Council meeting and informed the Commission that all of the ordinance items were approved. He said it was good work on the part of P&Z and that he was glad to see all of those items finally go through. Gibson thanked Moghaddam Moghaddam stated that it is good to see all of the Commissioners here. Holland thanked EMS for their assistance when he was sick. 13. Reports a. Council Liaison - None b. Staff - None 14. The Commission held a Closed Executive ,Session (Executive Conference Room, adjacent to Council Chambers -City Hall) The Planning and Zoning Commission will convene into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it. (Potential litigation involving claim received from Ajay Jain) 15. The Commission Reconvened into Open Session 16. The meeting was adjourned at minutes submitted by: Development