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Home My WebLink AboutP&Z Minutes 2013-10-07 Special PLANNING & ZONING COMMISSION JOINT PUBLIC HEARING 1. The Joint Public Hearing was called to order at 7:19pm with the following people in attendance: Chairman Mark McLean Vice Chairman Mark Tibbitts Commissioner Jim Gibson Commissioner Arthur Triplette Commissioner Chris Brown Commissioner David O’Farrell Steve Weathered, City Attorney Commissioner Jim Nye Becky Bennett, Development Coordinator Aubrey Harbin, Planner City Council Nick Haby, PIO/Planning Manager 2. To receive comments from the public, both oral and written, regarding: a. A request to amend PUD-SUP 86-14 at 400 E. Parkwood Ave. to clarify NAICS Use #6233 Community Care Facilities for the Elderly for the previously approved “Retirement Home for the Ambulatory Elderly” use, to amend the site plan by adding an new 2-story building, allow for alternate façade material, and convert the interior of an existing building to assisted living and Alzheimer’s Assisted Living units. David Clement, owner’s representative, explained the need for additional living units as well as converting existing space into a Memory Care Unit. b. Proposed amendments to Appendix C – Zoning Ordinance Section 8. M. Commercial activities and outdoor sales to add definitions and permitting requirements for the operation of Farmers Markets on commercially zoned property No comments. c. A request to amend PUD-SUP 2011-11 at 107 Shadwell Ln. to add NAICS Use #812112 Beauty Salons to the previously approved SUP MINUTES OF A SPECIAL & REGULAR MEETING HELD MONDAY, OCTOBER 7, 2013 AT 7 PM CITY HALL COUNCIL CHAMBERS & CDD CONFERENCE ROOM 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS October 7, 2013 P&Z Meeting Monique Hammell, applicant, explained she would like to open a business for eyelash extensions. Stated there would be no changes to the exterior façade. d. 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 from PUD to CSC) Haby stated the applicant would like to rezone the “Whitcomb property” for commercial (CSC) in the front and residential (SFR) in the rear. Mark Perry of CEDC spoke to the high commercial value of the property and stated residential lots would be downgrading the zoning, have a negative impact on the tax base potential and the proposal does not conform to the Future Land Use Map. CEDC’s recommendation was to wait for a mixed use developer. Mike Hess, resident, stated he would like to see the area along the creek preserved. He also mentioned the Whitcomb Cemetery requires maintenance and protection. David Smith, former Mayor of Friendswood, spoke of his past experience with the City and stated Beazer’s plan did not conform to the Comprehensive Land Plan or the Vision 20/20. He stated the long term goals of the City does not include more neighborhoods along that area. George Atler/resident said he did not want to see any more neighborhoods in Friendswood and was concerned the crime rate and traffic would increase. 3. The JPH was adjourned at 7:41pm REGULAR MEETING – 2nd floor conference room 1. The regular meeting was called to order at 7:46pm with the following people in attendance: Chairman Mark McLean Vice Chairman Mark Tibbitts 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, Development Coordinator 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 October 7, 2013 P&Z Meeting 3. Consent Agenda A. Approval of the minutes for the meeting held: 1) September 9, 2013 2) September 21, 2013 Motion: Triplette Second: Brown Vote: 7/0 unanimous 4. Consideration and possible action regarding a request to amend PUD-SUP 86-14 at 400 E. Parkwood Ave. to clarify NAICS Use #6233 Community Care Facilities for the Elderly for the previously approved “Retirement Home for the Ambulatory Elderly” use, to amend the site plan by adding an new 2-story building, allow for alternate façade material, and convert the interior of an existing building to assisted living and Alzheimer’s Assisted Living units. Motion: Gibson (with staff comments) Second: Tibbitts Vote: 6/1 Triplette opposed The Commission was concerned with elderly people being housed on the second floor and discussed the possible evacuation options. Gibson would like to get the Fire Marshal’s opinion. David Clement explained their facility is for assisted living; there is no nursing and the patients are elderly, not bedridden. The purpose of adding the Memory Care wing is for “aging in place” residents. The two story addition is more economical than a single story. TDADS regulates the community’s practices while the Building Department and Fire Marshal will review the construction plans including looking at ADA compliance issues. 5. Consideration and possible action regarding proposed amendments to Appendix C – Zoning Ordinance Section 8. M. Commercial activities and outdoor sales to add definitions and permitting requirements for the operation of Farmers Markets on commercially zoned property Motion: Brown Second: Triplette Vote: 7/0 unanimous 6. Consideration and possible action regarding a request to amend PUD-SUP 2011-11 at 107 Shadwell Ln. to add NAICS Use #812112 Beauty Salons to the previously approved SUP Motion: O’Farrell Second: Tibbitts Vote: 7/0 unanimous October 7, 2013 P&Z Meeting 7. Discussion 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 from PUD to CSC) Jeff Anderson/Beazer Homes stated the property is bank owned for a reason, the market isn’t there for full commercial use. Several commissioners had questions for the bank but the bank’s representative was unable to attend the meeting. Triplette asked how the proposed subdivision compares to West Ranch. Anderson named larger lots in a smaller development, creek and trail systems and the lowest price point around $400,000. Gibson stated he was opposed to downzoning. O’Farrell mentioned the loss of acreage due to the new floodplain maps. Anderson stated the property is difficult to develop but Beazer was willing to move forward. Such difficulties included the acreage in the floodway/plain, mitigation, the cemetery, continuing Blackhawk Blvd through the area and the large upfront cost of infrastructure. O’Farrell conceded the property tax is a burden right now and questioned the probability of developing the entirety as commercial in a reasonable amount of time. Brown mentioned a possible middle ground (more commercial, less residential) but Anderson said any less residential and the development wouldn’t be viable financially. McLean asked what benefit would the project be to the City? Nye stated that CEDC put a lot of time and effort into the FM 528 Corridor Study and was highly opposed to Beazer’s plan. David Smith, former Mayor, was not in favor of the project either and Nye thinks the Commission should defer to their expertise. 8. Consideration and possible action regarding Clearwood Business Park final plat a 4.297 acre tract of land out of part of Division “B” of Lot 64, in the Hoidale-Coffman Addition, and addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 3, Page 6, of the Map Records of Harris County, Texas, City of Friendswood, Harris County, Texas. Motion: O’Farrell (with Staff comments) Second: Nye Vote: 7/0 unanimous 9. Consideration and possible action regarding a commercial site plan for Corder’s Convenience Store at 1401 S. Friendswood Dr. Harbin described the triangle piece of land at the corner of Friendswood Drive and Winding Way was being proposed as a location for a convenience store and gas station. The applicants would buy into the Sidewalk Fund due to open ditches, protect 26 trees and mitigate 13 trees onsite while mitigating 36 trees offsite to Community Services. October 7, 2013 P&Z Meeting Tibbitts opened with addressing the façade differences in past projects completed by the applicant. Brian Corder stated they have no control over the canopy design, only Exxon does. The proposed station will only have 3 pumps so the canopy will not be as large as pictured in previous jobs therefore less obtrusive. McLean was concerned citizens would complaint in response to the canopy design/colors. He also mentioned the site plan read “canopy designed by others” and advised the applicant the Commission will not approve without specifics. He requested to see a higher standard of design and explained the architectural controls specified by COD requirements. Brian Corder opined their design exceeds current structures in the City. Corder also reiterated David Smith’s comment regarding the City wanting revenue and cash registers, both of which this gas station and convenience store would bring. Nye felt the design did not conform and was not a good fit for that location. He also mentioned the site plan needs to be more accurate. McLean suggested the Corders withdraw their application and resubmit with changes for the next meeting. Tibbitts advised Mr. Corder to consult with Exxon and try to negotiate a different canopy design. McLean also preferred the proposed wooden fence along the property line be removed from the plans. No action – withdrawn. 10. 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) Harbin presented Staff’s draft addressing the lack of allowance for In Home Day Cares. She stated the code does not differentiate between commercial and residential Day Care services. The proposed changes would allow Licensed and Registered Day Cares in SFR and MFR. Nye was opposed to allowing Day Cares in MFR. Brown requested more information on the State’s regulations regarding MFR Day Cares and possible square footage/child calculations. No Action. 11. 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 added. 12. Consideration and possible action regarding future Planning and Zoning Commission meeting dates October 7, 2013 P&Z Meeting October 17, 2013 Regular Meeting November 7, 2013 next possible Regular Meeting 11. Communications from the Commission O’Farrell stated he received a compliment on the Community Development Department. Tibbetts said the APA Conference went well and the Commissioners that attended were informed by APA Staff they were doing a good job with City Plannin. McLean learned of some ordinances that may need to be clarified: Vested Rights, Sexually Oriented Businesses and Oil & Gas. 12. Reports A. Council Liaison – not present B. Staff - Steve Weathered introduced Socie Greer as a new associate. Harbin announced Becky Bennett was appointed Development Coordinator. 13. Adjournment 9:47pm These minutes respectfully submitted by: Becky Bennett Becky Bennett Development Coordinator