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HomeMy WebLinkAboutP&Z Minutes 2013-05-16 Regular PLANNING & ZONING COMMISSION 1. The regular meeting was called to order at 7:02pm with the following people in attendance: Chairman Mark McLean Commissioner Jim Gibson Commissioner Arthur Triplette Commissioner Chris Brown Arnold Polanco, City Attorney Aubrey Harbin, Development Specialist Mona Miller, Planner Nick Haby, PIO/Planning Manager Absent: O’Farrell, 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) May 2, 2013 Motion to Approve: Gibson Second: Triplette Vote: 4 to 0 (unanimous) Motion Carried 4. Consideration and possible action regarding Appendix C – Zoning Ordinance, Section 7. Permitted Use Table and possibly appointing a sub-committee to review the Permitted Use Table for the Zoning Ordinance rewrite Miller explained that this goes along with the Zoning Ordinance re-write. She stated that this is the last section to be reviewed and that currently, the Permitted Use Table references the NAICS 1997 edition and the 2012 edition is now available. She explained that all of the uses and zoning districts they are allowed in need to be reviewed. MINUTES OF A REGULAR MEETING HELD THURSDAY, MAY 16, 2013 AT 7 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 May 16, 2013 P&Z Meeting McLean stated that the reference to the 1997 edition makes us 13 year behind the updates. He verified with staff that this would be a tedious task better suited for a subcommittee which would then report back to the remainder of the Commission. Haby stated that Karen Capps informed him that CEDC would also like to be a part of the PUT review process. McLean stated that their input would be welcome and the other Commissioners agreed. McLean stated that from a procedural standpoint, the subcommittee would meet and come up with a recommendation and then discuss with CEDC prior to bringing it back to the Commission. McLean appointed a subcommittee consisting of himself, Gibson and Brown and asked staff to set up a meeting to begin discussions. 5. Update from the Substandard Buildings and Structures sub-committee Harbin explained that all of the changes requested for the Substandard Structures ordinance have been made and that a final draft was provided this week as well as the recommendation memo. Brown and Triplette agreed; Nye was absent. 6. 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 Motion to submit the final draft of the proposed Substandard Buildings and Building Regulations ordinance to City Council: Triplette Second: Brown Vote: 4 to 0 (unanimous) Motion Carried Gibson verified that the search warrant procedure was addressed the way Council wanted. McLean verified the privacy issues and not wanting code enforcement officials to enter structures has been addressed and that a code enforcement official would have to obtain approval from the city manager prior to going to the magistrate to obtain a search warrant. He verified with City Attorney Polanco that probable cause must be present and an affidavit filed to obtain a search warrant. He also verified that notice would be provided to the property owner that there is a problem with a structure on their property. McLean asked Polanco what the City would lose if we do not have a Substandard Structures and Building Codes ordinance. Polanco stated that the Local Government Code gives the City the authority to adopt an ordinance such as this in order to have options and flexibility to abate substandard buildings. No minimum standards – city’s options would be limited and no standards to judge whether the city’s actions are reasonable. 3 May 16, 2013 P&Z Meeting McLean stated that the comparison chart and checklist for staff should be forwarded to Council as part of the package/recommendation. Polanco stated that a couple of bills are making their way through legislature right now that may affect provisions of the state statute. They do not think at this time that it will affect the judicial review process, but anything can happen. He stated that his office is monitoring and at this time, the proposed changes are regarding the rights of lienholders and the priority of liens against the property as opposed to municipal liens. 7. Consideration and possible action regarding proposed amendments to Appendix C – Zoning Ordinance, Section 8.M.2., regarding farmers markets Miller stated the farmers markets have been a hot topic lately in surrounding cities and could be either on public or private property. She explained that Community Services prepared an application for farmers markets on city property and those applications will be processed/approved through their office. She explained that this proposal would address farmers markets to be held on private property and adds a definition from county health office that states what types of items can be sold. Previous discussion included concerns that a farmers market not become a flea market or sell used items similar to a garage sale. She stated that the proposal also limits farmers markets to be held one weekend per month for a period of 6 months. It also requires information regarding traffic and security agreements, county health district vendor’s permit, and janitorial and cleanup plan/agreements. She stated that this is a starting point and that staff is looking for input from the Commissioners on any other issues or concerns. Brown asked if more than one market could be permitted at a time and staff replied that there is not anything prohibiting more than one market going on. Brown asked if this ordinance proposal is similar to surrounding communities. Miller stated that Pearland has an ongoing farmers market on city property and that Seabrook had a SUP approved for one, but it never started. Haby stated that this is a preemptive action. He added that no one is asking right now, but staff would like to be prepared and have a policy in place. McLean stated that there was a site plan that came through previously and there was nothing allowing it per the Permitted Use Table/Zoning, but this would allow for them to be in commercial districts. Gibson stated that the permit would be good for 6 months/1 weekend per month but he did not see anything about requiring them to tear down booths each month. Miller stated that should be addressed in the janitorial/cleanup agreement but that a statement could be added to address this specifically. McLean asked Commissioners to think about this and bring some suggestions back at the next meeting. He also stated that he visited Washington and the farmers markets were very nice and even had several public streets blocked off for the event. 4 May 16, 2013 P&Z Meeting Gibson asked if this definition precludes baked goods. Miller stated that it requires packaged foods to be packaged in a licensed manufacturing facility. McLean also verified that craft items will not be allowed to be sold. Brown clarified the difference in park events versus this process. Miller explained that events held in the city parks, such as Fig Festival, are different and are not restricted to the definition of farmers market. Miller also explained that there is a special event process for the craft shows. Haby explained that events held in the parks also require a deposit for any damages that might occur in the city parks. They also have a ratio of number of officers required per the number of attendees. Haby stated that the applicant can either provide or hire their own security or the Police Dept. will provide it and bill the applicant. 8. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Motion to move the June 6 meeting to June 3: McLean Second: Gibson Vote: 4 to 0 (unanimous) Motion Carried The next regular meeting will be June 20. 9. Communications from the Commission McLean reported that City Council passed all three façade ordinance changes. He also stated that the Gardens at Friendswood Lakes PUD was approved at the 1st reading. He stated that the 2nd reading would be in July (delayed at the request of the applicant). 10. Reports A. Council Liaison - None B. Staff - None 11. The meeting adjourned at 7:45pm. These minutes respectfully submitted by: Aubrey Harbin Aubrey Harbin Development Specialist/P&Z Secretary