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HomeMy WebLinkAboutP&Z Minutes 2013-02-04 Special PLANNING & ZONING COMMISSION JOINT WORK SESSION 1. The Joint Work Session was called to order at 4:39pm with the following people in attendance: Chairman Mark McLean Vice Chairman Mark Tibbitts Commissioner David O’Farrell Commissioner Jim Nye Commissioner Brown Commissioner Arthur Triplette Mona Miller, Planner Aubrey Harbin, Development Specialist Steve Weathered, City Attorney Arnold Polanco, City Attorney Nick Haby, Planning Mgr/PIO City Council CEDC members Absent: Gibson 2. Discussions: A. with City Council regarding a request for a financing district from DR Horton Adam Lambert, DR Horton, explained that DR Horton is proposing to develop and currently has under contract 373 acres in the southern part of the city. He stated the DR Horton currently has 59 project underway in the Houston area. He explained that he project proposal consists of two main boulevard entrances and 847 56ft-90ft wide lots. He provided a detailed analysis to Council. Councilman Rockey stated that he is concerned with the impact that 847 lots would have on the school district, little league programs and city parks. Councilman McGinnis asked how the proposed analysis calculations have worked out in other cities. Lambert stated that they have never done this type of analysis. McGinnis also inquired about the impact of the Grand Parkway extension and about any commercial development. Lambert stated that the seller is going to retain the commercial zoned frontage along FM 528 and that it would eventually be sold and developed by others. MINUTES OF A SPECIAL & REGULAR MEETING HELD MONDAY, FEBRUARY 4, 2013 AT 4:30 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 February 4, 2013 P&Z Meeting Councilmember Brown stated that she would rather not see pocket parks within the subdivision because maintaining parks has become a burden on HOAs. She stated that she would rather improve existing city parks. She also stated that the developer/builder cannot guarantee property values or price points. Mayor Holland stated that he is concerned with the debt amount of $30 million at a rate of $.65. He stated that the West Ranch development consists of 1540 homes versus the proposed 847 in this proposal. Lambert stated that $4 million of the improvements would go toward regional water system improvement for Friendswood. Commissioner Triplette was concerned with who would maintain the streets; Chairman McLean was concerned with maintenance of the detention ponds as well as the amount of projected HOA dues. Councilmember Brown also stated that she is concerned with Operations and Maintenance of the HOA and she would like the range to be clarified. Councilmember Scott stated that he is not in favor of the small lots. Brett Banfield, CEDC, stated that the area to be retained for commercial development is approximately 25 acres and that some of the 25 acres is located in Alvin city limits. City Manager Roger Roecker thanked Adam and DR Horton for the work done on the proposal so far. B. with City Council and CEDC regarding strategies for FM 528, parking regulations and commercial facade requirements Strategies for FM 528: Karen Capps, CEDC City staff representative, explained that CEDC has been having discussions on strategies to improve development on FM 528. She presented a power point presentation with the following points of discussion: Resolution to support CEDC FM528 Strategy Deter non-revenue developments Minimize downzoning of commercial to residential CEDC input on land use changes and special financing districts Annual Joint Work Sessions consisting of P&Z, KFB, and Parks Board Infrastructure, attract development, beautification and pedestrian mobility Councilmember Brown asked how the is plan affect the Jain property…include pre- existing conditions in the plan Banfield stated that the City is approaching build-out and that it needs tax revenue. 3 February 4, 2013 P&Z Meeting Mayor Holland asked about multi-family developments and CEDC members replied that multi-family developments are not what they are looking for. They stated that sales tax and property tax would be the goal and not changing commercial zoning to residential zoning. Councilmember Hill stated that banks and doctor’s offices do not have cash registers and would no pay sales taxes. He also stated that more regulations did not help the development of the Downtown District. Councilmember Brown stated that she would like to see monthly updated to keep the plan at the forefront of everyone’s thoughts and to keep everyone informed. Helmar, CEDC, stated that the idea is to have a plan for future commissioners and councilmembers on which to base decisions. Councilmember Enochs suggested changing regulatory wording to positive wording and when resources come available, define by proposing a plan to put on the Capital Improvement Plan. Councilmember Rockey stated that he favors a plan rather than dealing with bullet during a process. Mayor Holland stated that more information is better and that infrastructure is needed. Parking: Commissioner O’Farrell gave a presentation on parking and provided some details on the effects of insufficient parking and the impact it may have on businesses. Mayor Holland confirmed that the current parking regulations of the city are from the National Parking Standards and that staff and P&Z can approve a 5% deviation from those requirements. 3. The JWS adjourned at 6:17pm. JOINT PUBLIC HEARING (7:00 PM) 1. The JPH was called to order at 7:25pm with the same people in attendance. 2. Receive comments from the public, both oral and written, regarding: A. A request to change the zoning classification at 1109 Coward Creek Drive from Single Family Residential (SFR) to Single Family Residential – Estate (SFR-E) No one spoke for or against the proposed zone change. B. A request to amend Specific Use Permit #2011-18 to add NAICS use #442 Furniture and home furnishing stores, #448 Clothing and clothing accessory 4 February 4, 2013 P&Z Meeting stores and #451 Sporting good, hobby, book and music stores at 307 E. Edgewood Drive Commissioner O’Farrell recused himself from the Commission. Robin Killingsworth, proposed tenant, and Marilyn Reed, owner, explained that she is an interior decorating consultant. She explained that she has been working from her home, but is now ready for a store front. She explained that the use numbers in the zone change request were expanded to give the owner options for future tenants. She explained that no big deliveries will be made at this location and that no upholstered furniture would be sold because it would require a fire sprinkler system in the building. City Attorney Steve Weathered explained that Commissioner O’Farrell owns property within 300 feet of the subject property and filed the affidavit to refrain from discussions and voting on this item. David O’Farrell, Friendswood, stated that the surrounding properties are primarily professional offices and that retails uses have been denied on this property for many years. He stated that an SUP was enacted in 1995 for 10,300 square feet of professional offices. He stated that he contacted business owners and that this would change the paradigm of what the proposed development was under. He stated that the signage for the surrounding offices is conservative versus retail neon signs. 3. The JPH adjourned at 7:36pm. REGULAR MEETING (2nd floor conference room, immediately following JPH) 1. The regular meeting was called to order at 7:38pm with the following people in attendance: Chairman Mark McLean Vice Chairman Mark Tibbitts Commissioner David O’Farrell Commissioner Jim Nye Commissioner Brown Commissioner Arthur Triplette Mona Miller, Planner Aubrey Harbin, Development Specialist Steve Weathered, City Attorney Nick Haby, Planning Mgr/PIO Absent: Gibson 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 5 February 4, 2013 P&Z Meeting 3. Consent Agenda: A. Approval of minutes for the: 1) January 7, 2013 No action taken. 4. Consideration and possible action regarding a request to change the zoning classification at 1109 Coward Creek Drive from Single Family Residential (SFR) to Single Family Residential – Estate (SFR-E) Motion to approve: Nye Second: Triplette Vote: 5 to 1 (McLean opposed) Motion Carried Nye stated that he is concerned with tying the property owner to this zoning and asked what types of communication staff had with the owner. Miller stated that they attended public meetings and that she sent them a letter after City Council decided not to do anything with the SFR-E zoning. She then received an email from the owner wanting to move forward with the zone change. She explained that the owner could not be here tonight because he is out of town. Miller also stated that there are still other property owners who are interested in the SFR-E zoning. O’Farrell stated that he is concerned with redevelopment intent and vacant lots, the age and cost of the home, and knocking down old homes to redevelop. He stated that this home has been for sale for 7-8 years and vacant for the last 5 years. O’Farrell recused himself from the meeting. 5. Consideration and possible action regarding a request to amend Specific Use Permit #2011-18 to add NAICS use #442 Furniture and home furnishing stores, #448 Clothing and clothing accessory stores, #451 Sporting good, hobby, book and music stores at 307 E. Edgewood Drive Motion to approve and then amended to approve only NAICS Use 44229, Other Home Furnishing Stores and with the understanding that the design service is provided for under NIACS Use 54: Tibbitts Second: McLean Vote: 5 to 0 (unanimous) Motion Carried Tibbitts stated that this is a small lot and that it is okay for offices. He stated that he does not foresee it turning into something that would not fit. McLean stated that NAICS Use 54, Professional Services, is already allowed under the previous SUP and that interior design falls under that use with the provision to display furniture and design consulting. He explained that it does not allow for the retail sale of the home goods and case goods. O’Farrell reentered the meeting. 6 February 4, 2013 P&Z Meeting 6. Consideration and possible action regarding a request for a financing district from D. R. Horton Tibbitts stated that he is concerned with the 55-foot lots. O’Farrell stated that 90-ftplus lots allow enough room to set garages back, no front loading garages. He stated that he is distrustful of the positive side of the margin. He also stated that the property is cut up with easements and pipelines and that he is concerned with the proximity to existing gun range. Triplette stated that he is concerned with the projections provided by the developer. McLean said he is in favor of area being developed but has some concerns. Nye stated that he is skeptical of the prices they could demand based on the location. Brown agrees and is concerned with lot sizes and projections. 7. CLOSED EXECUTIVE SESSION – (Executive Conference Room adjacent to Council Chambers) The Commission will convene into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 – “Consultation with Attorney” to discuss legal issues only in relation to substandard buildings regulation Executive Session Began: 8:42pm Executive Session Ended: 8:55pm 8. Discussion, update and possible recommendation from the Substandard Buildings sub- committee A recommendation memo was provided by the Substandard Buildings Subcommittee to the Commission. 9. Consideration and possible action regarding proposed amendments to Chapter 14 – Buildings and Building Regulations, Article VII. – Substandard Buildings and Structures Motion to accept the recommendation memo: Triplette Second: Nye Vote: 6 – 0 (unanimous) Motion Carried Nye explained that the proposed ordinance requires the owner to remove the slab as part of the demolition, if required. He explained that because of a recent case, Dallas vs. Stewart, if the City has to demolish a building, it cannot do so until at least 30 days after the hearing and confirmation from the City Attorney. He also explained that the subcommittee, and also staff recommendation, is to designate the Zoning Board of Adjustments to serve as the Building and Standards Commission. 7 February 4, 2013 P&Z Meeting Brown stated that the subcommittee left as much flexibility as possible in the proposed ordinance. Chairman McLean had to leave the meeting temporarily to report to City Council at 9:13pm. 10. Consideration and possible action regarding Appendix C – Zoning Ordinance, Section 7. Schedule of District regulations, regarding exterior facades in CSC, NC, LNC, OPD and DD zoning districts Motion to approve items 10, 11 and 12: Brown Second: Nye Vote: 5 – 0 (unanimous) Motion Carried Miller explained that this proposed change removes wood as an acceptable material and specifies that concrete fiber board is only allowed as trim for eaves and overhangs in the following commercial districts – CSC, NC, LNC, OPD and DD. 11. Consideration and possible action regarding Appendix C – Zoning Ordinance, Section 7.5 - Community Overlay District, 6. Architectural elements, regarding exterior facades in the COD Motion to approve items 10, 11 and 12: Brown Second: Nye Vote: 5 – 0 (unanimous) Motion Carried Miller explained that this proposed change requires the approved façade to be installed on all sides of a building located in the COD, not just the sides visible from the first two lanes of traffic on the designated thoroughfares. It also removes wood as an allowed façade material and limits the use of cement fiber board only as trim on eaves and overhangs. She explained that two other changes that have been discussed in the past year in the Zoning Ordinance rewrite discussions have also been included – earth tone colors meaning that applicants would need to submit sample colors to be used on structures and prohibiting cyclone fences. 12. Consideration and possible action regarding Appendix C – Zoning Ordinance, Section 8. N.4.a. Architectural standards, regarding exterior facades in the Downtown District Motion to approve items 10, 11 and 12: Brown Second: Nye Vote: 5 – 0 (unanimous) Motion Carried Miller explained that this proposal removes wood as an allowed façade material and limits the use of cement fiber board only as trim on eaves and overhangs. She explained that two other changes that have been discussed in the past year in the Zoning Ordinance rewrite discussions have also been included – earth tone colors meaning that applicants would need to submit sample colors to be used on structures and prohibiting cyclone fences. 8 February 4, 2013 P&Z Meeting 13. Consideration and possible action regarding parking regulations Motion to discuss: Brown Second: Nye No action taken by the Commission at this time. O’Farrell stated that he was mischaracterized by the Mayor in the meeting downstairs by implying that everything regarding parking is fine. He stated that parking in Friendswood is not fine and that he is concerned with parking requirements for existing buildings and redevelopment projects. He cited the old fig plant, which is now vacant and for sale, as an example of a building that he understands could side step parking requirements and be occupied by a different type of business that would require more parking than the previous business. He also expressed concern for the old HEB and Roberts Business Park parking situations. He requested a written proposal from staff on how the parking could be dealt with when it is bought or sold. Brown inquired about side stepping parking requirements and Miller explained that when a new tenant or owner purchases or leases a building, they are required to meet the minimum parking for the use they are proposing. She also explained the non-conforming ordinance which may require the owner to bring zoning items such as façade into compliance with current codes, if the building has been vacant for more than one year (except for DD, which requirements only apply to new development). Harbin stated that staff holds development meetings to discuss parking and other requirements for existing properties. Nye asked if there are any changes to the current ordinances that need to be made. Harbin stated that the parking was changed from recommended to required parking. Miller explained that if anything, maybe the non-conforming ordinance needs to be reviewed. McLean reentered the meeting at 9:26pm. 14. Consideration and possible action regarding strategies for FM 528 No action taken. McLean stated that the possible expansion of the Gardens at Friendswood Lakes is something to keep in mind regarding this topic. 15. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Miller stated that the next regular meeting will be Thursday, February 21, 2013, at 7pm. She also explained that we will have a JPH with City Council on March 4th and that the Commission could consider moving the March 7th meeting to March 4th. The Commission unanimously agreed to combine the March 4 and March 7 meetings. 16. Communications from the Commission 9 February 4, 2013 P&Z Meeting O’Farrell stated that all of the lots on the DR Horton proposal are 130ft deep which is unusual. McLean reported that Tom Burke passed away and that services will be tomorrow at 2pm at Friends Church. 17. Reports A. Council Liaison - None B. Staff - None 18. The regular meeting adjourned at 9:34pm. These minutes respectfully submitted by: Aubrey Harbin Aubrey Harbin Development Specialist/P&Z Secretary