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