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Home My WebLink AboutP&Z Minutes 2013-10-17 Regular PLANNING & ZONING COMMISSION . REGULAR MEETING 1. The regular meeting was called to order at 7:01pm with the following people in attendance: Chairman Mark McLean Commissioner Jim Gibson Commissioner Arthur Triplette Commissioner Chris Brown Commissioner David O’Farrell Commissioner Jim Nye Steve Weathered, City Attorney Aubrey Harbin, Planner Nick Haby, PIO/Planning Manager Becky Bennett, Dev. Coordinator Morad Kabiri, Director of Comm. Dev. Absent: Tibbits 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 the minutes for the meeting held: 1) October 7, 2013 Motion: Nye Second: Gibson Vote: 6/0 unanimous 4. Consideration and possible action regarding a request for a zone classification change on 135.778 acres from Planned Unit Development (PUD) to Community Shopping Center (CSC) and Single Family Residential (SFR) at 3801 FM 528 (Tract 1: 123.2 acres from PUD to SFR; Tract 2: 3.197 acres from PUD to CSC; Tract 3: 9.4 acres MINUTES OF A REGULAR MEETING HELD THURSDAY, OCTOBER 17, 2013 AT 7 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS October 17, 2013 P&Z Meeting from PUD to CSC) Motion: Gibson Second: McLean Vote: 1/5 O’Farrell - Aye Harbin presented economic scenarios including 1) current estimated property tax value, 2) taxes with the adoption of the proposed zone change and 3) property tax on full commercial development. Jeff Anderson of Beazer Homes also provided economic scenarios provided by a third party. He stated the CEDC was being unrealistic in holding out for full commercial development due to many difficulties surrounding the lot. He mentioned the infrastructure alone would cost about $2 million, Blackhawk Blvd would need to be built through, a lift station will be required plus detention & mitigation and mostly, the amount of land located in the floodway/flood zone which cannot be utilized for homes or businesses. Nye stated Beazer Homes does not build houses in the $500,000 price range. Anderson announced this development will bring a new product line from Beazer consisting of higher priced homes. Harbin cited the break-even point for the City would require a home value of $321,355. O’Farrell inquired about “phantom buyers.” George Jones, a commercial real estate broker for the bank, said he has had a contract with Beazer for about a year. He explained it is difficult to market the property due to the lack of infrastructure and the amount of land in the floodway. He stated residential development would be needed to entice commercial developers into the area; Beazer is willing to front the expense of infrastructure while the commercial developers are not. Brown wanted to know if the pending contract could be hindering other potential buyers and Jones stated he is still marketing the property. O’Farrell asked Jones his professional opinion on whether or not it is likely a commercial developer would purchase the entire property and Jones opined a commercial developer would most likely build apartments. Triplette asked Jones to address CEDC’s comment that many developers are interested in the property. Jones stated he has not had any offers on the entire area, only smaller sections. Gibson asked Anderson why split the land into SFR and CSC to which Anderson answered the most viable option for Beazer Homes to make a profit is via the current proposal. McLean stated he would like to see a conceptual plan and does not think million dollar homeowners will want commercial development in their backyards. He asked Jones if Beazer is the only interested party in the property. Jones stated the economy has declined over the past few years and has affected real estate sales. McLean wanted to know why the current contract is taking so long to which Anderson stated the bank and Beazer have been negotiating and are currently on their 4th addendum. Jones stated he understands CEDC would prefer all commercial but no one wants to purchase the entire 135+ acres. Beazer Homes has used the proposed configuration several times in several areas and shown it to be a successful model. October 17, 2013 P&Z Meeting Janis Lowe, local realtor, reiterated the “Whitcomb property” has always been a problematic tract of land. She advised the City and the Commission to consider what the current market will bear and realize a full commercial development is highly unlikely. She also mentioned the need for infrastructure. She believes the home value is a good fit for the City, stated the school districts have the capacity for the neighborhood, TXDOT embraces the proposal and the nature way along the creek would be a nice addition to Friendswood. O’Farrell explained the absorption rate of that tract of land, should it be full commercial, in a best case (yet non-realistic) scenario could be developed in close to 10 years. He stated the “phantom buyers” are causing people to inflate their hopes and expectation regarding what is realistic for the tract. He urged the Commission to look at the numbers and not pay attention to the dream. He voiced his concern of a non-profit purchasing the land and taking it off the tax rolls completely. He believes the longer the City holds out on allowing development, the more time a non-profit has to gather the money needed to purchase the land in its entirety. Gibson asked Karen Capps of the CEDC for her opinion. Capps stated SFR would not be the most beneficial option for the City. She said the pending contract is scaring off other potential developers. She did concede the absorption rate of full commercial would be longer than that of a split with SFR. McLean also voiced the desire for full/more commercial use of the area. 5. Consideration and possible action regarding a commercial site plan for Corder’s Convenience Store at 1401 S. Friendswood Dr. Motion: Triplette Second: Nye Vote: 6/0 unanimous Approved with comments. Harbin stated the applicant requests to pay into the Sidewalk Fund, they changed the canopy design, matched the colors to the building and removed the fence per the Commission’s previous requests. Nye mentioned page A2 color “amber” should be corrected to “umber.” 6. Consideration and possible action regarding proposed amendments to Appendix C – Zoning Ordinance Section 7.P. Permitted Use Table to change NAICS Use #6244 Child Day Care Services to NAICS Use #6244 Child Day Care Services (Child Care Center) and to add NAICS Use #6244 Child Day Care Services (Registered and Licensed Child Care Homes) Motion: O’Farrell Second: Nye Vote: 6/0 unanimous October 17, 2013 P&Z Meeting Approved with comments to not allow registered or licensed daycares in any multi- family zoning districts (MFR-L, MFR-M, MFR-H) or the mobile home district (MHR) and change minor verbiage. Harbin recapped the Joint Work Session on September 9th to change the Permitted Use Table to allow in home day cares. She stated the NAICS code does not differentiate between commercial and residential day cares hence the two changes to Appendix C. The allowance of day cares in MFR was researched and there is a square footage calculation the state enforces; therefore the City need not regulate as well. The Fire Marshal’s Office will be doing life safety inspections, as well. 7. Consideration and possible action regarding proposed amendments to Appendix C – Zoning Ordinance Section 20. Definitions regarding changes to definition of G. Child Care Center and P. Home Occupation and adding definitions of Registered Child Care Home and Licensed Child Care Home Definitions were added using the Texas Administrative Code state licensing website section 746. In home Day Cares will be required to obtain a Certificate of Occupancy (zoning compliance) with the City. 8. Consideration and possible action regarding future Planning and Zoning Commission meeting dates. Move regular meeting from November 7th to coincide with City Council meeting on November 4th after the Joint Public Hearing. 9. Communications from the Commission None 10. Reports A. Council Liaison Steve Rockey commented on the good debate regarding the “Whitcomb property” and praised David O’Farrell for his briefing on absorption rates. Rockey mentioned the Furniture Boutique was now open and is a nice addition to Friendswood. He also reminded the Commission and attendees of early voting beginning October 21st for the Bond Election. B. Staff - none 11. The regular meeting of the Planning & Zoning Commission adjourned at 8:42pm. These minutes respectfully submitted by: Becky Bennett Becky Bennett Development Coordinator