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HomeMy WebLinkAboutP&Z Minutes 2013-04-01 Special PLANNING & ZONING COMMISSION JOINT PUBLIC HEARING 1. The JPH was called to order at 7:26pm with the following people in attendance: Chairman Mark McLean Commissioner Chris Brown Commissioner Arthur Triplette Commissioners Jim Gibson Commissioner David O’Farrell Mona Miller, City Planner Aubrey Harbin, Development Specialist Nick Haby, PIO/Planning Manager Morad Kabiri, Asst. CM City Council Arnold Polanco, City Atty Steve Weathered, City Atty Absent: Nye, Tibbitts 2. Receive comments from the public, both oral and written, regarding: A. A request to change the zoning classification at 707 Coward Creek Drive from Single Family Residential (SFR) to Single Family Residential – Estate (SFR-E) No one spoke for or against the zone change. B. Proposed amendments to Appendix C – Zoning Ordinance, Section 7. Schedule of District regulations, regarding exterior facades in CSC, NC, LNC, OPD and DD zoning districts No one spoke for or against the ordinance change. C. Proposed amendments to Appendix C – Zoning Ordinance, Section 7.5 - Community Overlay District, 6. Architectural elements, regarding exterior facades in the COD No one spoke for or against the ordinance change. MINUTES OF A SPECIAL & REGULAR MEETING HELD MONDAY, APRIL 1, 2013 AT 7 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 April 1, 2013 P&Z Meeting D. Proposed amendments to Appendix C – Zoning Ordinance, Section 8. N.4.a. Architectural standards, regarding exterior facades in the Downtown District No one spoke for or against the ordinance change. E. A request for a zone classification change on 2.83 acres from Community Shopping Center (CSC) to PUD-SUP for Senior Citizen Multi-family purposes; and an amendment to PUD-SUP #2009-14 for the Gardens at Friendswood Lakes at 1423 W. Parkwood Avenue, to add said 2.83 acres and amend the site plan to add 36 additional units and associated improvements Phil Yates, President of Friendswood Lakes HOA, stated that he is in favor of the zone change. He approached his neighbors whose properties back up to the development and they signed a petition in favor of the new addition. He stated that they do not want retail at the rear of their lots. Walter Wills, Friendswood, stated that he is in favor of the zone change and that some of the residents may need that type of housing in the future. Debbie Scotty stated that her mother lives in the apartments and that they need more parking. She explained that the current parking is inadequate especially if there are married couples with more than one vehicle and people who do work and drive to work. She stated that there is no place for visitors or family to park. Maggie Klein, Friendswood, stated that she is in favor of the zone change. She stated that she is opposed to retail and the negative impacts. Scott Ryan, Friendswood, stated that he is in favor of the zone change. Sonia James, stated that she is in favor of the senior homes. Nelda Guerra, Friendswood, stated that her home is directly behind the vacant portion of land and that she is concerned with retail development, the value of property, and strangers in her backyard. She stated that the Chevron gas station has bars on the windows. She stated that she has been a Friendswood resident for 35 years and that she feels safe, she works here and loves the community. Jim Barr, Friendswood, stated that he is against the project because it does not fit. He stated that there are currently senior living accommodations, but that according to recent recommendations from CEDC, commercial land in Friendswood needs to be preserved and developed in its own time. Glen Grayban, Friendswood, stated that he is in favor of the zone change. He stated that there is a lot to lose, but a lot to gain in what surrounds their neighborhood. He stated that comments of those who have nothing to lose because they do not own property in the area should not be taken. He stated that the facility would allow family members to stay close. Janis Lowe, Friendswood, stated that she is in favor of the zone change. Donna Broom, Friendswood, stated that she is concerned about trying to get businesses with registers on FM 528. She stated that the adjacent owners have 3 April 1, 2013 P&Z Meeting issues with Kid City and Chevron and asked Council and P&Z to listen to the residents. F. A request to amend SUP #2004-01 at 402 E. Edgewood Drive, to add NAICS use # 54 Professional, Scientific and Technical Services for the previously approved “Professional” uses and NAICS use #621 Ambulatory Health Care Services for the previously approved “Medical, Dental and Optometry” uses; and add NAICS use #531 Real Estate and #52 Finance and Insurance as allowed uses on the property. The request also includes an amendment to the site plan to include a 528 square foot addition to the existing rear building and add parking as required. No one spoke for or against the proposed SUP. 3. The JPH adjourned at 7:41pm. REGULAR MEETING (2nd floor conference room, immediately following JPH) 1. The regular meeting was called to order at 7:45pm with the following people in attendance: Chairman Mark McLean Commissioner Chris Brown Commissioner Arthur Triplette Commissioners Jim Gibson Commissioner David O’Farrell Mona Miller, City Planner Aubrey Harbin, Development Specialist Nick Haby, PIO/Planning Manager Steve Weathered, City Atty Frank Manigold, Deputy Dir. CDD Absent: Nye, Tibbitts 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 meeting held: 1) February 21, 2013 2) March 4, 2013 Motion to approve: Brown Second: Triplette Vote: 5-0 (unanimous) Motion Carried 4. Consideration and possible action regarding a commercial site plan for McDonald’s at 100 W. Parkwood Avenue Motion to approve Option 2: Gibson Second: O’Farrell Vote: 5-0 (unanimous) Motion Carried 4 April 1, 2013 P&Z Meeting Two options were provided to the Commission for consideration: Option 1 – Allow the removal of the trees and install 2 on-site parking spaces and encroach the landscape buffer. This would result in 28 onsite parking spaces; 30 off-site parking spaces. Option 2 – Leave the existing trees and landscape buffer and include the 2 parking spaces in their shared/reciprocal parking calculation. This would result in 26 onsite parking spaces; 32 off-site parking spaces. Required number of parking spaces is 58. Miller explained that McDonald’s has a shared parking agreement with the adjacent shopping center. She also explained that they are proposing to add a second drive thru in order to more efficiently serve their customers. Gibson stated that he would rather see the existing oak trees stay. Brown stated that it is not worth taking out two trees for two parking spaces. O’Farrell stated that this is a smaller business adjacent to a sea of parking and that the existing trees are what Friendswood is about. McLean stated that he is glad to see the building being upgraded and that he too would rather the trees remain. 5. Consideration and possible action regarding a request to change the zoning classification at 707 Coward Creek Drive from Single Family Residential (SFR) to Single Family Residential – Estate (SFR-E) Motion to approve: Gibson Second: Triplette Vote: 4-1 (McLean opposed) Motion Carried Gibson verified with Miller that she did speak with the applicant and that they are aware of what they are requesting. Miller explained that she talked with them a great deal and explained that the zone change will only affect their property and they seemed to understand. She explained that they feel they are setting a precedent and that they want to preserve the large lots in the area. Triplette asked if they could change the zoning back to SFR in the future and Miller explained that they could. She explained that they would have to go through the same zone change process. O’Farrell stated that in the case of a 30-40 year old home near the end of its economic life, this may not be in the best interest of the City, but this is one $1 million home that is 10-15 years old and the house spans the entire lot, which is a different situation. 5 April 1, 2013 P&Z Meeting Brown stated that he is not wild about the zone change, but staff has talked to them and he feels confident that they know what they are requesting. 6. Consideration and possible action regarding a request for a zone classification change on 2.83 acres from Community Shopping Center (CSC) to PUD-SUP for Senior Citizen Multi-family purposes; and an amendment to PUD-SUP #2009-14 for the Gardens at Friendswood Lakes at 1423 W. Parkwood Avenue, to add said 2.83 acres and amend the site plan to add 36 additional units and associated improvements Motion to discuss: Gibson Second: O’Farrell Gibson stated that Triplette stated that he is concerned about revenue the City will loose. Brown stated that regarding the resident concerns about the possibility of retail development, the land was zoned CSC when owners purchased the residential lots. He stated that in the case of the needs of many versus the needs of the few, he would side with City (needs of the many). He stated that the City does not have much commercial land left, and that there are more options for senior housing in other areas of the City. O’Farrell stated that in a perfect world, the commercial tracts would be 600-800ft deep with condos, apartments, or patio homes buffering the residential from the commercial. He stated that we do not have that and he is thinking about how he would want to be treated according to the Golden Rule. He stated that buyers are not apprised to everything around a home when buying. He stated that he parked at the location and observed the activity and noise levels. He stated that reality is that he would want a buffer or protection. Gibson stated that he would like to table the item until the full Commission is present to discuss. McLean stated that Council is going to vote on whether or not to provide the $200,000 in funding that the owner is requesting. He stated that he would like to wait and see what that decision is and for full Commission input and City Engineer input. Triplette stated that he sees a roadway with a 45 mph speed limit as commercial businesses, not senior living. He added that senior living facilities should be in a more remote area. Motion to Table: Gibson Second: Triplette Vote: 3-2 (O’Farrell, Brown opposed) Motion Failed Brown stated that most of Friendswood does not have deep commercial and that we are going to deal with lack of buffering wherever you go. He stated that it is going to take all commercial land off the table if you look at it that way. O’Farrell stated that this commercial tract and patio home development were built on a prairie and that no one had a conception of how the development would look now. He 6 April 1, 2013 P&Z Meeting stated that he does not think the owners saw this commercial development coming. He stated that it is going to ruin resale potential. He stated that he would support development across the street (FM 528) because they could see what is coming. McLean stated that he asked staff for the number of assisted living facilities within the City of Friendswood and that there are currently 10 facilities. He stated that a similar development was proposed on Renwick and was denied by City Council. He stated that comments regarding that application were that it did not add any value to the City and more strain on City services. He stated that CEDC recently recommended not allowing this type of development on the FM 528 corridor. He stated that if the City gives funding for this project, it will open up other developers to asking for money. He said that he would have liked to ask the City Engineer and the other commissioners questions and opinions. Motion to Approve: Gibson Second: McLean Vote: 1-4 (Brown, Triplette, McLean, Gibson opposed) Motion Failed 7. Consideration and possible action regarding a request to amend SUP #2004-01 at 402 E. Edgewood Drive, to add NAICS use # 54 Professional, Scientific and Technical Services for the previously approved “Professional” uses and NAICS use #621 Ambulatory Health Care Services for the previously approved “Medical, Dental and Optometry” uses; and add NAICS use #531 Real Estate and #52 Finance and Insurance as allowed uses on the property. The request also includes an amendment to the site plan to include a 528 square foot addition to the existing rear building and add parking as required. Motion to approve NAICS Use #531; #621 except #6214; #54 except #54194; #52 except #522298; and site plan as presented: Brown Second: McLean Vote: 4-0 (unanimous) Motion Carried Miller explained that there was a PUD approved in the 1990’s and that a SUP was approved which included a site plan with 2 buildings to be used for professional uses, medical, dental, and optometry. She stated that NAIC use numbers are being added to clarify the allowed uses and to amend the site plan to include a 528 square-foot addition to the existing rear building and the associated parking. She also explained that on the previously approved site plan included a 5’ rear setback and that the addition to the building will be 4’4” off the property line because the building sits at an angle. McLean verified that they are going to use the same façade material on the building addition. Regarding the NAICS Uses, he stated that they already allowed 54 and 621 type uses. O’Farrell stated that he is concerned with allowing veterinarian uses similar to his previous concerns across the street when a similar issue came up. Amended Motion to approve NAICS Use #541 except 54194: McLean Second: Brown Vote: 4-0 (unanimous) Motion Carried 7 April 1, 2013 P&Z Meeting McLean stated that he was concerned with outpatient care centers and substance abuse under the 621 uses and that he would prefer requiring a SUP for individual consideration. O’Farrell stated that clientele in substance abuse facilities can be questionable. surrounding businesses have made 3-10 year commitments and have bought into what is existing. Amended motion to approve NAICS Use #621, excluding #6214: McLean Second: Triplette Vote: 4-0 (unanimous) Motion Carried There were no concerns with the NAICS Use #531, Real Estate uses. McLean stated that he is not in favor of allowing NAICS Use #522298, All Other Non- Depository (pawn shop, check cashing). Amended Motion to approve NAICS Use #52, except 522298: McLean Second: Brown Vote: 4 – 0 (unanimous) Motion Carried 8. 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: Brown Second: Triplette Vote: 4-0 (unanimous) Motion Carried Miller explained that the Commission made a recommendation to City Council which included a reference to specific material this proposal is fiber cement board rather than Hardie Plank, which is a brand of fiber cement board. McLean presented photos showing examples of existing buildings within the City that are deteriorating to help show why facades should be upgraded and why wood and fiber cement board not allowed. 9. 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: Brown Second: Triplette Vote: 4-0 (unanimous) Motion Carried 10. 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: Brown Second: Triplette Vote: 4-0 (unanimous) Motion Carried 8 April 1, 2013 P&Z Meeting 11. Update from the Substandard Buildings and Structures sub-committee Brown explained briefly that concerns brought up by City Councilmembers and others include how future staff will enforce ordinances, ensure that code enforcement is complaint driven, to not expressly permit or allow city staff/officials to go inside structures, and to require City Manager approval prior to obtaining a search warrant. 12. Consideration and possible action regarding proposed amendments to Chapter 14 of the Code of Ordinances, Buildings and Building Regulations, Article VII. – Substandard Buildings and Structures No action taken. 13. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Miller explained that the next regular meeting will be Thursday, April 18 and after that will be Thursday, May 2. 14. Communications from the Commission Triplette stated that City staff is especially responsive. Brown stated that he attended the Land Use conference in Austin and that he enjoyed it. He stated that it was very dense material for non-attorneys, but that he learned a great deal, especially about legalities and public opinion. He stated that they talked about many issues we are facing or will potentially be facing. O’Farrell stated that he received another compliment on City staff from a developer. 15. Reports A. Council Liaison - None B. Staff - Miller updated the Commission on recent Zoning Board of Adjustment cases. She explained that on March 26, there was an application for an HOA to build a fence around a community park in Anna Lea Subdivision. They wanted to place the fence along the front property line which is not allowed in the Zoning Ordinance. The ZBOA denied the request. 16. The regular meeting adjourned at 8:43pm. These minutes respectfully submitted by: Aubrey Harbin Aubrey Harbin Development Specialist/P&Z Secretary