HomeMy WebLinkAboutP&Z Minutes 2012-12-06 Regular PLANNING & ZONING COMMISSION
1. The regular meeting was called to order at 7pm with the following people in attendance:
Chairman Mark McLean Vice Chairman Mark Tibbitts
Commissioner David O’Farrell Commissioner Jim Nye
Commissioner Brown Commissioner Jim Gibson
Mona Miller, Planner Aubrey Harbin, Development Specialist
Arnold Polanco, City Attorney Nick Haby, Planning Mgr/PIO
Steve Rockey, City Councilman Frank Manigold, Dep. Dir of CDD
Absent: Triplette
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.)
None.
3. Consent Agenda:
A. Approval of minutes for the:
1) November 5, 2012 regular meeting
Motion to approve: Nye
Second: Tibbitts
Vote: 6 to 0 (unanimous) Motion Carried
4. Consideration and possible action regarding a one time, one year extension for the final
plat of West Ranch West Lake, Section 3
Motion to approve: Nye
Second: Gibson
Vote: 6 to 0 (unanimous) Motion Carried
MINUTES OF A
REGULAR MEETING
HELD THURSDAY, DECEMBER 6, 2012
AT 7 PM
CITY HALL
COUNCIL CHAMBERS
910 S. FRIENDSWOOD DRIVE
FRIENDSWOOD, TEXAS
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December 6, 2012 P&Z Meeting
5. Consideration and possible action regarding the commercial site plan for Dance
Expressions at 204 W. Heritage Drive
Motion to approve with staff comments: Nye
Second: Tibbitts
Vote: 6 to 0 (unanimous) Motion Carried
Miller explained that the only staff comment remaining is to add the Perimeter Tree
calculation to the landscape table.
McLean stated that he is concerned about a metal building being built in the Community
Overlay District. He stated that the applicant is proposing R19 metal façade on the
building. He clarified that because the tract is located within 300 feet of the COD, it is
required to comply with COD requirements.
Miller explained that the property does fall within the COD, but that the requirement of
no metal only applies to structures that are visible from the designated thoroughfares.
There was clarification that a metal structure is allowed, but that a metal façade is what is
regulated by the COD requirements and is not allowed.
McLean stated that the definition of the Community Shopping Center zoning district says
that the district should be made up of unified groupings of one or more buildings and that
is also should be comprised of buildings compatible with surrounding residential areas
and this metal building will be built across the street from existing residences.
Nye stated that there are other metal buildings at Laurel and W. Heritage. He asked if the
building would be visible from FM 2351 and if it were screened with trees it might not be
visible.
Miller stated that the rear and right side of the building may be visible from FM 2351.
Applicant added a note stating that the site is located in the COD but that it will not be
visible from FM 2351 and that is the question. Miller explained that the façade
requirement was discussed in DRC and that staff left it up to the applicant to determine
whether or not it will be visible. The visibility could be screened with trees or buildings.
Nye confirmed that only the visible portion would have to comply with the façade
requirement.
Brown stated that the applicant has been made aware of the rule and then after the site
plan is approved, it is determined that the building will be visible, at what point could the
visibility be verified. Miller stated that we may be able to determine the visibility during
construction and require the non-metal façade. Polanco stated that the City has discretion
to require compliance with the ordinance up until the issuance of a CO.
O’Farrell asked if the owner gets any relief of the potential of a future building to be
constructed on FM 2351 which would block the visibility. Miller stated that there is not
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December 6, 2012 P&Z Meeting
currently a provision for that in the ordinance. He also verified the length of the building
and that the exterior façade could be a faux façade.
Gibson asked how far the building is located from FM 2351.
Marcus Rives, designer, stated that the distance from the back of the building to the front
property line of Friendswood Hardware is about 353 feet, which does not include the
additional distance of approximately 15-20 feet of right-of-way.
Gibson explained that the Commission tried to define the 300-foot statement in the COD
previously and it was discussed at length. Miller stated that the most recent changes
including changing the definition that if any portion of a lot falls within 300 feet of a
thoroughfare, it must comply with the COD requirements.
Nye asked if the applicant is aware of the risk and willing to clad the visible portions
prior to issuance of a CO.
Rives stated that the applicant would be willing and would more than likely use Hardie
board because of budget constraints and it would not match surrounding buildings.
O’Farrell stated that he would not want to wait until it is time to issue the Certificate of
Occupancy to determine whether or not the building is visible from FM 2351. Nye stated
that it is going to apparent during construction whether or not it is visible.
Gibson stated that he is concerned with the note saying that the building cannot be seen
from FM 2351. Miller explained that the notes provides justification of why it is a metal
building and that by striking the note and approving it, it may be viewed that the
Commission agrees and it is approved as is.
Amend motion to remove portion of COD note “…this property is not visible from FM
2351 and is not required to comply with masonry façade.” :Gibson
Second: Nye
Nye asked if the remaining portion of the note would protect the City. Miller stated that
is does require the site to comply with the COD requirements, but that having the
remainder of the sentence justifies why the plans are submitted the way they are.
McLean stated that the note was a result of discussions with the designer, city engineer
and staff.
Gibson withdrew his amendment. Nye withdrew his second.
O’Farrell stated that he feels it is wrong to approve a site plan with a false statement on it.
McLean stated that he feels the site plan meets the ordinance as it is written, but that it
may be an unintended consequence. He stated that he is not in favor of metal buildings
in the CSC zoning district. He stated that he does not like it and that the City is going to
have to live with a metal building for 30-40 years.
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December 6, 2012 P&Z Meeting
After the vote, Gibson requested that the COD section of the ordinance be placed on a
future agenda for discussion.
6. Discussion with Frank Manigold, Building Official and Deputy Director of Community
Development Department, regarding Code Enforcement
Frank Manigold, Deputy Director of Community Development and Building Official,
explained code enforcement procedures to the Commission and explained that definitions
and ordinances adopted by P&Z and Council directly affect code enforcement and how
they enforce the ordinances. He stated that sometimes code enforcement writes citations
regarding zoning issues.
McLean asked how CDD ensures that what is approved on site plans is what gets built.
Manigold responded that the inspectors and planners to random inspections and site visits
and monitor the jobs while they are under construction.
McLean asked what P&Z can do to help Community Development staff. Manigold stated
that keeping ordinances broad and applicable to most or all properties is better than writing
ordinances intended to address a problem on one or a few properties.
7. Consideration and possible action regarding Appendix C – Zoning Ordinance, Section
8.L. Personal Care Facilities
Motion to remove from table: Gibson
Second: McLean
Vote: 6 to 0 (unanimous) Item Removed from Table
Miller informed the Commission that staff has met to discuss this and is working with the
city attorney to come up with proposed changes to the Zoning Ordinance and will present
the changes to the Commission at a future meeting.
No further action taken.
8. Update from David O’Farrell regarding the Parking Sub-Committee
O’Farrell stated that the subcommittee does not have a full report to present at this time;
however, he did provide some information for the commissioners to think about. He
explained that currently a good average parking grid is 3 parking spaces per 1,000 square
feet of gross floor area and that 5 spaces per 1,000 is considered gold standard. He stated
that providing sufficient parking in Friendswood’s Downtown District is going to be a
challenge because of the small lots and the fact that owners are allowed to participate in
shared parking agreements. O’Farrell provided five examples of parking scenarios which
included the lack of parking in the River Oaks area. He explained that Rice Epicurean is
closing because they cannot park their customers and that property in has recently been
acquired to build a parking garage in this area. He stated that Robert’s Business Park here
is Friendswood is maxed out in their parking. He stated that when they first built out the
interior of the building, they were only occupying the first floor, but when they built out the
second floor, the parking is not sufficient to support all of those businesses. He said the
property owner owns the adjacent lot where people park for overflow parking. O’Farrell
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December 6, 2012 P&Z Meeting
stated that a high end Asian restaurant proposed here in Friendswood purchased a different
site than what they were originally considering because they could not fit enough parking
spaces on the original site. He stated that the old Blockbuster and Starbucks is also short
on parking. He explained that West Ranch just issued a press release advertising 4.6
parking spaces per 1,000 square feet for their commercially zoned property. He added that
he would like to look at the Friendswood Parking Group Table and focus on categories
with less than 3.3 parking spaces per 1,000 square feet of gross floor area.
9. Consideration and possible action regarding future Planning and Zoning Commission
meeting dates
Due to a lack of quorum on December 20, 2012, it was unanimously decided that meeting
will be moved to December 17, 2012.
Miller also explained that the Commissioners will need to attend a Joint Public Hearing
with City Council on Monday, January 7, 2013, so the January 3 meeting will be moved to
January 7.
10. Communications from the Commission
Gibson asked that the reconsideration of the 300 foot definition in the Community
Overlay District be put on the Commission’s To Do List for future consideration.
11. Reports
A. Council Liaison – Rockey explained that at the last Council meeting there was
discussion about a possible bond election. He explained that a group of citizens is
being formed to study and consider whether or not a bond election should be held
and what items might be funded with the bond. He stated that if any of the
Commissioners were interested in serving on the bond team to contact Roger
Roecker.
B. Staff - None
12. The meeting adjourned at 8:30pm.
These minutes respectfully submitted by:
Aubrey Harbin
Aubrey Harbin
Development Specialist/P&Z Secretary