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HomeMy WebLinkAboutP&Z Minutes 2012-11-05 Special PLANNING & ZONING COMMISSION JOINT WORK SESSION 1. The Joint Work Session was called to order at 7:35pm with the following people in attendance: Chairman Mark McLean Vice Chairman Mark Tibbitts Commissioner Chris Brown Commissioner David O’Farrell Commissioner Jim Nye Commissioner Arthur Triplette, Jr. Commissioner Jim Gibson Mona Miller, Planner Aubrey Harbin, Development Specialist Steve Weathered, City Attorney Arnold Polanco, City Attorney Morad Kabiri, Asst. City Manager Nick Haby, Planning Manager/PIO City Council Absent: None 2. Discussion with City Council regarding: A. Single Family Residential – Estate zoning Haby explained that the SFR-E zoning has been up for discussion for a couple of years. He stated that there are currently 2 properties that have been rezoned to SFR-E and 15 pending applications. He explained that the P&Z Commission formed a subcommittee which formed the recommendation that has been provided to City Council. The SFR-E Subcommittee members were Tibbitts, Nye and Gibson. Tibbitts, chairman of the subcommittee, explained that the recommendations are the result of several town hall meetings and public input. He also explained that the subcommittee’s goals were also to help protect neighbors and prevent unintended consequences. There was some discussion regarding the recommendation stating that if 80% of the owners in a neighborhood were in favor of the changing the zoning from SFR to SFR-E, the City should consider proactively changing the zoning of the whole neighborhood. MINUTES OF A SPECIAL MEETING & REGULAR MEETING HELD MONDAY, NOVEMBER 5, 2012 AT 6:30PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 November 5, 2012 P&Z Meeting There was concern from several councilmembers, especially Hill and McGinnis, regarding rights of property owners and restricting people from subdividing lots that they have paid taxes on for years. McGinnis questioned how we can know the highest and best use of these properties 20 years from now. There was some consensus that 100% of the property owners should agree or an owner could apply for a zone change before the property is developed. Council’s direction to P&Z and the SFR-E Subcommittee was to cease and desist. Council will not proactively change the zoning on any of the properties. Mayor Holland stated that we cannot keep the population under the 50,000 threshold, which was one of the catalysts for considering this zoning category, as well as traffic concerns. 3. The JWS adjourned at 7:52pm. JOINT PUBLIC HEARING (7 pm) 1. The Joint Public Hearing was called to order at 7:52pm with the same people in attendance. 2. Discussion with City Council regarding possible amendments to: A. Appendix C – Zoning Ordinance, Section 7. Permitted Use Table, regarding NAICS use #713940 Fitness and Recreational Sports Centers For: None Against: None B. Section 14 of the Code of Ordinances, adding a Vested Rights ordinance For: Roy Lanville, Friendswood, stated that this proposal peaked his interest and that he agrees with it. He stated that it says the property rights of Friendswood residents have to be honored. Against: None C. Appendix C – Zoning Ordinance, Section 8.N, Downtown District supplemental requirements and the Design Criteria Manual, Appendix E Downtown District Amenities For: None Against: None Councilman McGinnis asked for clarification as to why Commissioners Triplette and O’Farrell opposed the vote on this recommendation to Council. Chairman McLean stated that the only portion they did not agree on was not requiring trash cans in the DD. Commissioner O’Farrell stated that personally he thinks trash cans 3 November 5, 2012 P&Z Meeting should be required especially for events that will have heavy pedestrian traffic such as the 4th of July event. He stated that staff provided a map of the downtown area that showed a trash can placed every 500 feet which is similar to fire hydrant spacing requirements. Commissioner Triplette stated that he feels the plan would be incomplete without trash cans. He added that pedestrians are going to have trash and need a place to put it or it will end up on the ground. Chairman McLean stated that emptying trash cans would be up to the property owner and that property owners would have no control over what is dumped in the trash cans. He stated that no other surrounding cities require trash cans as an amenity to be provided by a developer/owner. He stated that trash service should be a service provided by the City. Commissioner O’Farrell stated other cities do not require the amenities that Friendswood is requiring. He stated that the talk about illegal dumping in trash cans was about dumpsters placed behind buildings. He said that landscape companies may empty trash cans for property owners. Councilman Scott asked why the allowance for stamped concrete was removed if it matches the appearance of pavers and is cheaper for the developer. Chairman McLean explained that the Commission obtained input from a developer and that the concrete is not necessarily cheaper. He stated that during drought conditions the sand base under pavers would last longer. Clarification was made that the pavers would be installed in a sand base, not concrete base. Mayor Holland stated that the long term cost for repairs under the stamped concrete would be more than pavers because the individual pavers can be removed, the repair made and pavers replaced. 3. The JPH was adjourned at 8:03pm. REGULAR MEETING (Executive conference room, behind Council Chambers with public access via City Secretary’s office, immediately following JPH) 1. The regular meeting was called to order at 8:08pm with the following people in attendance: Chairman Mark McLean Vice Chairman Mark Tibbitts Commissioner Chris Brown Commissioner David O’Farrell Commissioner Jim Nye Commissioner Arthur Triplette, Jr. Commissioner Jim Gibson Mona Miller, Planner Aubrey Harbin, Development Specialist Steve Weathered, 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.) Tom and Evelyn Timmons, Friendswood, stated that they attended all of the SFR-E zoning meetings and agree with the decision by Council. They also explained that a business started on their street and signage has been placed in front of the house and on their street 4 November 5, 2012 P&Z Meeting advertising the business. They stated that the company is Bethel Assisted Living and that it is a franchise. They stated that the property is zoned SFR and they understand that it is legal for the facility to care for 3 or less people without state licensing, and that for 4 or more people, it would require a license from the state and approval from the City. They stated that there is no way to know how many people are in the facility. They have read bad stories about these facilities in the Houston Chronicle lately. They stated that the company is leasing the house. Ron Dyer, Friendswood, inquired about the current status and what is on the books regarding SFR-E zoning. He stated that he has been following this discussion for five years and feels that he has been misled. He stated that he gathered surrounding owners to support it. He stated that someone in his subdivision has, in the past, proposed to subdivide their lot and build several homes. Suspended Rules – moved item #7 up on agenda. 7. Consideration and possible action regarding Single Family Residential-Estate Zoning Vice Chairman Tibbitts stated that Council’s direction was to drop the SFR-E zoning discussions, but that he feels that some action is still needed. He explained that there are 2 properties on which the zoning has already been changed and he stated that we should go back to those property owners and explain the outcome to them. He also stated that regarding the 15 pending applications, we should explain the outcome to the property owners and allow them to make a decision. Miller explained that she understands the direction from Council to just leave the ordinance as- is and not pursue City initiated zone changes to SFR-E. Since the zoning category does exist, a property owner can apply for the zone change at any time. Gibson agreed with Miller and stated that he feels the property owners should be provided with information regarding the consequences of changing their zoning from SFR to SFR-E. Nye stated that he understands that the City will not proactively change the zoning to SFR-E on any property and that it will be up to the homeowner to apply if they so desire. He stated that property owners should understand that they are only tying their hands, not their neighbors when they change their zoning. He also asked if it is possible for a subdivision/area to reinvigorate and HOA to enforce their deed restrictions. He stated that this may be the only recourse for property owners to be protected from surrounding owners subdividing their lots. Miller explained that the HOA’s do have the right to pursue/change deed restrictions when they go through the proper process. She explained that an individual owner in Mustang Meadows did fight the subdivision of a lot in that neighborhood on his own based on the deed restrictions. Nye asked who a property owner should contact to enforce deed restrictions. Chairman McLean stated that enforcement of deed restrictions is a private matter but that possibly the Commission could hold an informational town hall meeting with a presentation from an attorney that deals with HOAs. 5 November 5, 2012 P&Z Meeting O’Farrell stated that the Commission received negative feedback from Council a year ago. He stated that the Commission spent a lot of time on something that Council would not approve. Tibbitts stated that Council is not going to proactively change zoning to SFR-E, but that does not prohibit owners from requesting the zone changes. Gibson clarified for Triplette that if an owner has an acre of land, he can subdivide it into the minimum lot sizes and the Commission has to approve it if it meets the requirements of the Subdivision Ordinance. O’Farrell stated that large lot subdivisions are not cost effective anymore. Brown stated that the Commission has not talked about assigning this zoning to undeveloped land. Nye stated that the intent was to help preserve existing neighborhoods. McLean stated that it is frustrating because the Commission spent so much time for the Council to not even consider. He stated that he wanted a conclusion to the matter, but that the Commission is done and will not spend any more time on the issue. He stated that it is a horrible way to do land planning to have an idea of coerced zoning and that all zoning is proactive. McLean stated that the zoning on two people’s properties has been changed and they should be notified and that we should do what we can to undo the change. He also stated that the Commission should bring in the other 15 pending applications for to provide an explanation to them as well. He stated that the only way the SFR-E zoning is going to work is if 100% of the owners in a subdivision request the change in zoning. Miller stated that 14 of the pending 15 applications are on Cowards Creek and that is appears that the majority of the owners on Cowards Creek are in favor of the zone change. McLean stated that he would never vote for an individual to change their individual zoning to SFR-E, unless it was a large tract and was going to be developed with estate lots. He encouraged Commissioners to go to land use conferences to learn more about zoning. Tibbitts stated that he moved to Friendswood because of this issue. He stated that he has had property values destroyed by adjacent property owners being able to do what they want with their property. O’Farrell stated that HOAs changing their deed restrictions requires property owner buy-in and it would be under the control of the HOA after the fact, not the City. Regular Agenda order resumed: 3. Consent Agenda: A. Approval of minutes for the: 1) October 18, 2012 regular meeting No action taken. 6 November 5, 2012 P&Z Meeting 4. Consideration and possible action regarding proposed amendments to Appendix C – Zoning Ordinance, Section 7. Permitted Use Table, regarding NAICS use #713940 Fitness and Recreational Sports Centers Motion to approve in accordance with original recommendation: Nye Second: Nye Vote: 7 to 0 (unanimous) Motion Carried 5. Consideration and possible action regarding proposed amendments to Section 14 of the Code of Ordinances, adding a Vested Rights ordinance Motion to approve in accordance with original recommendation: Nye Second: Brown Vote: 7 to 0 (unanimous) Motion Carried 6. Consideration and possible action regarding possible amendments to Appendix C – Zoning Ordinance, Section 8.N, Downtown District supplemental requirements and the Design Criteria Manual, Appendix E Downtown District Amenities Re: Zoning Ordinance Motion to approve in accordance with original recommendation: Nye Second: Brown Vote: 7 to 0 (unanimous) Motion Carried Re: Design Criteria Manual Motion to approve in accordance with original recommendation: Nye Second: Gibson Vote: 7 to 0 (unanimous) Motion Carried (see item 7 above) 8. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Miller explained that the next meeting will be December 6 at 7pm and after that, December 20 at 7pm. 9. Communications from the Commission McLean asked that two items be placed on a future agenda - assisted living/personal care facilities (specifically signage allowed, when state permits are required, definition of family, how do/can we enforce 3 person rule). Chairman McLean also asked that an tiem be placed on the next agenda regarding off road vehicles driving along creeks. Miller stated that she contacted the property owner and business regarding the personal care facility on Lundy Lane, but she has not received a response as of yet. 10. Reports 7 November 5, 2012 P&Z Meeting A. Council Liaison - None B. Staff – None 11. The meeting adjourned at 8:53pm. These minutes respectfully submitted by: Aubrey Harbin Aubrey Harbin Development Specialist/P&Z Secretary